Board of Directors & Fiduciary Responsibility

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The Role Of HOA Board Of Directors

To be effective, a homeowners association needs a strong board of directors that understands its role and pursues it with passion and a concise mission in mind. The following outline provides an overview of board roles and responsibilities.

To form an effective board, directors must have a clear understanding of the strengths and weaknesses of the association, its history and what is to be accomplished. Every homeowner association should have responsibility for its assets as well as its operation in accordance with standards established by state and federal law, local ordinances, and the governing documents upon which the entity itself was created. To the extent that the association has such authority and control, it is the board of directors that makes certain these responsibilities are fulfilled.

Understanding the association concept:

The homeowners association is the cornerstone of a planned residential community. It brings continuity and order to the community, it preserves the architectural integrity and it maintains the common elements. Properly run, the association promotes the concept of “community” and protects the neighborhood’s property values. In many cases, it collectively makes available recreational and other facilities that might not otherwise be affordable or available to homeowners and residents on an individual basis.Deed-initiated homeowners associations have become an essential part of the overall concept of residential property ownership in today’s marketplace. Purchase of a home or lot often brings with it mandatory membership in an association which then provides the structure for operation and management of the residential development. With membership comes certain maintenance obligations, financial responsibilities, and a commitment to abide by use restrictions and other rules of the association. To a degree, it necessitates individual conformity for the good of the whole.

The association’s responsibilities may be limited to basic maintenance functions or they may be expanded to include sophisticated and extensive upkeep of the property as well as delivery of special services to individual homes (e.g. back door trash pickup). To be successful, its officers and directors must uniformly and fairly govern the community, and it must have a reasonable level of participation by each of its members over time.

Board of Directors

The association has responsibility for its common elements as well as the management and operation of the association’s business affairs – – all in accordance with standards established by the governing documents created when the community was first developed. To the extent that an association (typically a non-profit corporation) has such authority and control, it is its board of directors that carries out these duties and responsibilities.Members of the board of directors of an association serve without compensation unless the bylaws of the association provide to the contrary. The board’s authority includes all of the powers and duties enumerated in general law, as long as these powers are not inconsistent with the provisions of the documents governing the association.

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No Smoking in Common Areas

no smoking

 

Dear Hillcrest Building 11 Residents and Guests,

Due to Florida Chapter 386, which regulates and prohibits smoking in public places, please be aware that smoking is NOT permitted in the common areas of our building.  This regulation is specifically drafted to prevent secondhand smoke dangers to others.

Therefore, smoking is not permitted in the elevator, along the walk-ways, stairways, sidewalks, or any other outdoor common area.  This includes when walking to and from your car and from or to your unit.

Although this regulation does not prohibit you from smoking within your unit, please be mindful and courteous of your neighbors when smoking on your balcony.

Also, as we all live under the same roof, to prevent the possibility of a fire please be  careful with disposal of cigarette butts in your trash to ensure they are completely extinguished and avoid smoking in bed.

Additionally, littering of any kind is strictly prohibited which includes the disposal of cigarette butts on the lawn, landscaping areas,  over the railings, parking lot or any other common area.

Smoking in or along common areas, or the disposal of cigarette butts in common areas will result in fines being accessed to the owner.   The Board of Directors have observed discarded butts along our building entrances and walkways.  This is both unsightly and prohibited per rules and regulations with regard to littering.

Please advise your guest of these restrictions as per our condominium rules and regulations, owners are responsible for the conduct of their guests.

Thank you for your cooperation,

The Board of Directors

LONG TERM GUESTS-OCCUPANY USE RULES 

Every unit owner should have received a mailing that addresses the Hillcrest 11 bylaws that pertain to long-term guests.  Recently, our HOA Board encountered four unit owners who did not register their long-term guest or had guests (renters) live in their unit in a manner that was sneaky.  In one instance,  unauthorized tenants were discovered when a realtor came to show a 2-bedroom unit advertised as a rental.  The new parking permit policy has been useful in identifying such misconduct.  These incidents are alarming and triggered swift response from the Board to discourage further breaches.

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MONTHLY MAINTENANCE

Dear Hillcrest 11 Residents,

As you are aware, being an owner in a condominium building means you are a cooperative owner, along with the other residents in the building.  Your monthly maintenance payments  pay bills for the building: electric, water/sewer, waste collection, cable TV, elevator service, landscaping and janitorial, to name a few.

There are also annual bills such as, certification and inspection of  fire alarms and extinguishers, the elevator, as well as building insurance.  Each year these costs are presented and approved during an annual budget meeting and incorporated into your monthly maintenance payment based on your percentage of common ownership.  When an owner of our building does not pay, or fails to pay their monthly maintenance in a timely manner this causes an unfair situation to the remaining residents of our building.

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FITNESS CENTER OPENS

Hip-hip Hooray!!  Residents of Hillcrest Buildings 1- 18 are celebrating the opening of their own well-equipped Fitness Center adjacent to Pool #3 on Monday  May 11, 2015.

If you intend to use the Fitness Center and/or Pool #3, please go to the Fitness Center (formerly Clubhouse 3#) to purchase a personal FOB access key for $1o.oo on:

Friday May 8, 2015 @ 6 pm – 7 pm or  Saturday May 9, 2015 @ 10 am – 1 pm

Please make check payable to: Hillcrest Presidents Council

Please bring photo ID and proof of residency, either a recent tax or utility bill.

Distribution dates for FOB key for pools #1, 2 and 4 will be announced soon.

Kudos to the Hillcrest Presidents Council for the work to create this community asset and incentive to promote a healthy lifestyle.  Before anyone can use in the new Hillcrest Presidents Council Fitness Center, residents must submit a signed waiver form.  Click the blue link below to download a form or collect one from a Council member.  The electronic FOB access key you buy for $10.00 to access gym and pool is issued one per unit, if lost a replacement FOB will cost $50.00.

Like other shared facilities, use of the Hillcrest Presidents Council Fitness Center requires your cooperation with guidelines to avoid injury, liability and annoying others:

1>>  Guests of residents may not use Hillcrest Fitness Center without the resident present. Only one guest allowed at any one time.

2>>  The guest of resident must sign a waiver prior to use.  No personal trainers allowed to use the Hillcrest Fitness Center.

3>>  FOB is for use by resident to which it is assigned and cannot be loaned or used by anyone not authorized.

4>>  Emergency exits are for emergencies only and not for general egress from or to allow entry to Fitness Center.

5>>  Emergency doorway must be clear at all times and not blocked with any equipment.

6>>  Residents must wipe down equipment after each use.

7>>  No smoking and no pets allowed in Fitness Center.

8>>  All residents and guests must wear athletic footwear and a shirt when using  Fitness Center.

9>>   Headphone/earplugs must be worn when using electronic devices (iPods).

10>>  Residents cannot remove equipment from Fitness Center.

To review full list of rules, click there –> Fitness Center Rules

To read and download waiver, click there –> Fitness Center Waiver Form

CONTRACTOR REGULATIONS

NOTICE FROM HILLCREST 11 HOA BOARD

Per Association by-laws, any work by a contractor which is done on or within the common areas, or outside the confines of your unit, MUST be communicated to the Board of Directors and must be approved in writing by the Board of Directors.  If any work is done without approval, the resident can be required to endure the cost to return the common area back to its original condition.

This includes attachments to the bDCIM100GOPROuilding, cutting into any common wall, roof or any other building element, and access to the common attic (via access ports on 3rd floor, see photos) or electrical meter room.

Request must be submitted in writing along with detailed information on the scope of work, along with copies of the contractor’s license and insurance. Additionally, any major work within a residential unit must also receive Board of Director approval, per Association by-laws.  This includes electrical, plumbing or major structural changesDCIM100GOPRO

Request must be submitted in writing along with copies of contractor’s license and insurance information. These guidelines ensure the protection of common property and other residents who could be effected by inadequate, improper or sloppy workmanship or unlicensed work. Your cooperation and assistance is expected and appreciated

 

Board of Directors

LATE DUES LATE FEE

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A notice was posted on every occupied unit and  the community bulletin board by the HOA Board President regarding a change in our late fee assessment.

The notice stated:

Our bookkeeper will assess a $25 late fee if the full amount due on account is not paid during the current month.   For example: If a resident has a past due amount of $50, then  mail just their regular monthly payment, the bookkeeper will apply $50 of that towards their old balance, and then post a $25 late fee on the current month as it was not technically paid in full.

Previously, the bookkeeper would post $25 to the current month if not received by the grace period and if a unit owner did not pay the late fee, this would remain on the books.  The change should encourage residents to pay the full amount due on their account timely.

The notice delivered to each unit expressed that payment must be POSTED which means  RECEIVED by the 10th of the month.  Some residents have been mailing it on the 10th.  If the payment is not posted by the 10th, then on the following day, the $25 late fee will be assessed.

*** END OF NOTICE DISTRIBUTED ***

Our by-laws state the grace period as only five days.  This is something we can review in the future.  This recurring late fee will begin to be assessed on May 1st.  We will review this during the upcoming Budget Meeting.

Currently there are five unit owners with a small outstanding balance. Don’t let a mound turn into a mountain, contact the bookkeeper for Hillcrest Bldg. #11  at (954) 983-1221 ASAP to settle your debt and avoid the growing burden and liability of late fees.

LEGAL NOTICE: POLICY ENFORCED

Legal advisory from the Law Offices of Tucker & Tighe, P.A.
Addressed to Owners at Hillcrest Country Club #11

This correspondence is to advise you that the proposed Amendments to the governing documents permitting pets and leasing did not pass, as the required number of owners did not vote in favor of same or did not vote at all.  The result of the Amendments not passing is that the following two provisions will be enforced:

16.4  No animal with the exception of small fish or a small bird, may be kept in the Unit or any other part of the Condominium property.

  • Whereas, over the years, some owners brought cats into their unit which was inadvertently or by mistake allowed by the Association and/or because of the long passage of time, there are proof and enforcement problems regarding these old violations, so that no general waiver of the above provision was intended; and whereas the Board wanted to reinstate enforcement of the provision prohibiting pets from being kept in a nit, the Board voted on August 12, 2013, that the above provision will again be enforced and no pets will be permitted to be kept in units.
  • Those residents who had cats in their unit on the date of the meeting (August 12, 2013), and register the cat with the Association by submitting the Registration Form by November 15, 2013 will be grandfathered in and permitted to keep the cat until its demise. The registered animal shall not be permitted outside the unit or permitted on any common areas of the Condominium, or the Association will require the pet to be removed.

16.9  No Unit or portion thereof may be rented and no Unit may be subleased; except, however, the Board of Directors may in order to meet special situations and to avoid undue hardship or practical difficulties grant its approval to a lease meeting the requirements hereinafter set forth.  Any lease authorized hereby shall be for a term of not more than six (6) months… No tenant can entertain an overnight guest.

The Board will be enforcing this provision and no leases will be permitted unless the Board approves a hardship exception.

The Association may revisit amending their documents if enough unit owners demonstrate an interest in amending same.

Very truly yours,

Meredith L. Spira

For the firm

Mail form and proof of rabies vaccination to:
USA Management Services, 6915 Taft St., Hollywood, FL  33024

Each unit owner was sent a Pet Registration Form in the mail.  Those units with cats are required to supply the Association proof of vaccination for rabies.  This information is required to ensure that all grandfathered pets are free from disease that may be transmitted to humans.  Also, in case of emergency, the fire or police personnel will know that there is a pet in your unit.  If you need a replacement form call USA Management or ask your neighbor.

VOTE DIDN’T AMEND BY-LAWS

June 28, 2013 was the deadline for receiving votes via proxy on the proposed by-laws amendments.  The community vote on the proposal to adjust Hillcrest Bldg. 11 condominium by-laws that pertain to allowing pets and renters, failed to attract the required 75% vote in order to be implemented.dog-and-cat

This was the second attempt to gauge the community’s sentiments about these proposed amendments.

It was a close vote, but for now Hillcrest 11 remains an owner-only occupied property that prohibits homeowners from living with a pet in their unit–caged birds are the exception.

These amendments can be presented again for vote in the near future.  Until then, breach of by-laws may attract review and action in accordance with the Homeowners Association by-laws.

THE VOTE TALLY:

  • For Renters [ 24 ]   Against Renters [ 06 ]  =  63%
  • For Cats [ 09 ]   For Dogs & Cats [ 12 ]   Against Pets [ 09 ]  =  55%

En Espanol:

28 de junio 2013 fue la fecha límite para la recepción de votos a través de proxy en la propuesta de las modificaciones estatutarias. El voto de la comunidad sobre la propuesta de ajustar Hillcrest edificio. 11 apartamentos de los reglamentos que se refieren a lo que las mascotas y los inquilinos, no logró atraer el 75% de los votos necesarios para ser implemented.dog-and-cat

Este fue el segundo intento de medir los sentimientos de la comunidad acerca de las enmiendas propuestas.

Fue una votación cerrada, pero por ahora Hillcrest 11 sigue siendo un propietario-única propiedad ocupada que prohíbe los propietarios de vivir con una mascota en su unidad – pájaros enjaulados son la excepción.

Estas modificaciones pueden ser presentados nuevamente a votación en un futuro próximo. Hasta entonces, el incumplimiento de los estatutos sociales puede atraer a revisión y acción de acuerdo con la Asociación de Propietarios de los estatutos.

PRINTABLE PROXY FORM

Please download, print and fill-in the below proxy form regarding proposed amendments.  Submit to Jeff in unit #203 before June 28th or mail to:  USA Management Services,         Attn: Jackie Carter, 6915 Taft St. Hollywood, FL 33024.

To DOWNLOAD proxy form click there –> Proxy.Amendment.PDF

 To REVIEW proposed amendment items click there –> Hillcrest11.Amendments

Proxy.Amendment