Coastal Estates Homeowners Association
Board of Director‟s Meeting Minutes Accepted 4/21/11
Monday March 21, 2011
Iona-Hope Lutheran Church
9650 Gladiolus Drive
Fort Myers FL 33908
Meeting called to order at 6:33PM
Board Members in Attendance: All Board Members were in attendance.
Homeowners in attendance: Hilda & Jim Winebarger, Debbie Kelliher, Patsy Parmenter, Char Hamilton, Ginny Howland, Ron Busi, Curt
& Susan Lindberg, Bob & Carolyn Martin, Tina Garraty, Dan Beran, George Adamski and Tony Swaldi.
Tony Miller made a motion, John Rodgers seconded the motion and it was unanimously approved to accept the Proposed Minutes from
the meeting of 2-23-11 without a reading, as they were mailed to the members, and posted on the Associations bulletin board and website.
Financial Statement was read and there was some discussion. A motion was made by Dan Clifford, seconded by Cathy Casey and
unanimously approved to add a total available cash line to the financial reports. Motion was made by Tony Miller, seconded by John
Rogers and unanimously approved to accept the financial statement.
Purpose of this meeting: Proposed Budget and Possible Assessment
1. Lawn Maintenance: Estate Scape quoted $210.00/per month for lawn cutting, and a $700.00 one-time clean-up fee for the
back section of the north ditch. It was noted that the Association spent $1500.00 to have it cleared and leveled last year, but
the project was never completed as approved by the 201 Board. Matt Kelliher has not yet been contacted regarding the
cleanup of the back section of the north ditch. Motion was made, seconded, and unanimously approved to table this matter
until further quotes can be obtained. John Rodgers stated he would provide saws, and cut the trees in the north ditch if we
can get other homeowners to help, he also stated the easiest way to remove the limbs would be to rent a chipper. Another
suggestion was to have the debris hauled off. No decision was made on his offer. The board will try to obtain volunteers and
see if we could accomplish this task.
2. Insurance Policy: We still do not have the final amounts from Diaz Insurance and we have one other company that is in the
process of quoting us a price. Motion was made, seconded, and unanimously approved to table this matter until further
information is obtained. Insurance policy renewals are in April and May, so we still have time.
3. Quigley lien: Still have not heard back from the attorney regarding this matter. Motion was made, seconded, and
unanimously approved to table this matter until further information is obtained.
4. Unpaid attorney bills:
a. Rose addressed the bill for arbitration for a lawsuit against the Association regarding the improper conduct of the
2010 election, which totaled $2,240.03. On July 6, 2010 attorney Susan McLaughlin received the lawsuit and on
July 20, 2010 she informed James Kirk of the “insurance companies takeover of the case”. The insurance company
then hired Karen Nissen as attorney of record. The Board determined that Ms. McLaughlin should be paid for the
fees from 7/6/10 through 7/20/10 totaling $1,055.25, the date of the filing of the insurance claim, and that she
should not be paid for the fees charged after filing the insurance claim on 7/20/10, which amounts to$1,184.78. A
motion was made, seconded and unanimously approved to pay Ms. McLaughlin only through 7/20/10, in the
amount of $1,055.25. Let the record show Reba Fennessy recused herself from the voting of this issue.
b. Invoice #71231 in the amount of $227.50 for unauthorized services rendered in early February: telephone
conferences with Reba Fennessy‟s attorney, and with Karen Nissen, the insurance companies attorney, and also to
review Minutes and First Notice of the 2011 Annual Membership Meeting and Elections of Directors written and
submitted by Reba Fennessy on 2/2/11. Reba stated she DID NOT submit these documents to Ms McLaughlin, and
on January 27, 2011, James Kirk and the 2010 Board of Directors “QUIT” (Tony Miller said he did not quit). In
Ms. McLaughlin‟s letter incorrectly claiming there is no need for an election, she also claimed the five candidates
named in her letter would be the 2011 Board, and so they served as Interim Appointed Board of Directors until the
election could be held. No one on the Appointed Board gave Ms. McLaughlin the authority to provide any of those
services therefore the Board does not think she should be paid. A Motion was made, seconded and unanimously
approved to not pay this invoice since Ms. McLaughlin acted on her own accord.
c. Invoice # 69969 was paid to Susan McLaughlin even though she provided the wrong legal advice that there is „no
need for an election‟, which directly conflicts with our governing documents that mandate that the membership
“must elect” the Board of Director‟s “each year”. This invoice was paid from our Money Market account on
January 27, 2011, the last day of James Kirk‟s term as President. Payment for this incorrect legal advice amounts to
approximately $10.00 of the 2011 assessment fee for each homeowner.
5. Letters approving modification requests from Adamski & Casey were sent out.
6. External Hard Drive was purchased for $180.19.
7. The Annual Report was filed with the State of Florida, fee $70.00. Corporation status is active.
Corporation number is: 743159
Any other Old Business? Front entrance. Board member Dan Clifford noted the lights at the front entrance were out and asked who has
the key for the water pump. Dan was told to pick them up from Jim Winebarger. Dan Offered to maintain the front entrance.
Communications: On February 29, 2011, Reba Fennessy wrote a letter to Ms. McLaughlin advising her, an election was held on
2-23-11 and the results of that election. She was also advised that all correspondence with the 2011 Board will be in writing,
Reba provided her email address, informed Ms. McLaughlin that no decision has been made on the Quigley matter yet, and also
advised her that she will only be paid for services rendered if Reba authorizes (with Board approval) these services in advance.
On February 29, 2011, Rose Adamski notified Ms. McLaughlin of the contact person regarding Fennessy v
Coastal Estates. Rose further instructed Ms. McLaughlin that unless the insurance company will inform the Board in writing that
the insurance company is paying the fees for Condo & HOA Law Firm, no one from Ms McLaughlin‟s Law Firm is allowed to
contact Ms Nissen in regards to the lawsuit and no payments will be made by the Association for any fees to Condo & HOA Law
Firm for services regarding the lawsuit.
Rose addressed the anonymous letter distributed to the members of untrue claims about Reba Fennessy suing
the association… that she “agreed to binding arbitration and lost”, and the Association will pay the attorney fees. Rose said:
„These are some of the same lies James Kirk posted on the bulletin board. Before the election the homeowners were notified in
writing of the lawsuit, so Reba isn‟t fooling anyone and she was still elected President. The arbitrator cannot determine that Reba
lost; only a judge in a court of law can do that. As of July 20, 2010 the association is not incurring any attorney fees as a result of
this lawsuit because a claim has been filed with the Associations insurance company and they are paying the attorney fees. So
your maintenance fee will not be raised to pay more attorneys‟ fees as a result of this lawsuit. The Fennessy‟s are claiming and
have provided evidence in their Complaint that the 2010 Board of Directors did not conduct the 2010 election in accordance with
the associations governing documents, and thus they violated state law. Prior to filing the suit Reba submitted written requests to
inspect the ballots and Susan McLaughlin, the association‟s attorney would not direct the Board to comply with the law and
allow the inspection. Also prior to filing suit, Reba was required to notify the Board in writing of the specific things the board
did wrong and she requested to resolve the dispute without having to file suit as she felt this was in the best interest of the
association. The 2010 Board refused to even respond, so pursuant to Florida Statutes Reba was then required to file a petition for
arbitration with the State of Florida and under the provision in the law titled “mandatory non-binding arbitration”, Reba is
authorized to proceed to trial in court within 30 days from the arbitrators‟ decision, which she did. So James Kirk and this
anonymous writer are not telling the truth. I would like to remind you when Dan Clifford wrote his letter to the members, he was
also told by James Kirk, „if you don‟t like what I‟m doing then sue the association.‟ And therein lies the Association‟s problems.
1. Dan Clifford‟s request for modification – steps. Request was reviewed; a motion was made, seconded, and unanimously
approved to allow modifications for steps per request with the stipulation of county permits.
2. Tina Garraty”s request for modification – fence. Request was reviewed; a motion was made, seconded, and unanimously
approved to allow modifications for a fence per request with the stipulation of county permits.
3. Maintenance Fee –
a. Since the budget meeting was delayed due to the cancellation of the election, a suggestion was made to waive late
fees for the first quarter of 2011, and also to extend the second quarter late fees until after 4/30/11 instead of after
4/15/11. A motion was made to that effect, seconded, and unanimously approved.
b. We have had three homeowners request to make payment arrangements for their maintenance fees arrearages. A
motion was made to offer a one time arrangement to allow all homeowners with past due maintenance fees to
make a payment arrangement, in writing, for monthly payments, which would stop further late fees. As long as the
homeowners makes the payments faithfully, late fees would stop on the day of the arrangement, however, if
the homeowner fails to make the payments as agreed, late fees would be retroactive to the date of the
arrangement. The motion was seconded and unanimously approved. Each homeowner‟s arrangement will be
reviewed by the board on a case-by-case basis and must be voted on and approved by the Board. Any homeowner
that wishes to make a payment arrangement should contact the President, Reba Fennessy, or drop a note in the
mailbox with your name and number and Reba will contact you.
4. 2011 Proposed Budget. After Board approval to pay Susan McLaughlin $1055.25, the calculations in the proposed budget
were adjusted, and the Board determined that in addition to the annual maintenance fee of $100, an assessment was needed
to fund the budget, which amounts to $61.00 for occupied lots and $12.00 for unoccupied lots, so the total amount due is
$161.00 per occupied lot and $32.00 per unoccupied lots. A motion was made, seconded, and unanimously approved to
adopt the 2011 Budget as determined by the Board. Copies will be sent out with the quarterly statements. Please note, the
2009 & 2010 assessment fees, which were not levied per the requirements of the law, will be addressed at a later time.
5. Reminder: minutes will be posted on bulletin board and on website. If you want minutes mailed to you, you must request
them in writing, your request should state „please mail minutes to my home address‟. A request for „all correspondence‟ will
not be granted. When a homeowner makes a request for Association documents, it must be specific and copies may be
obtained after inspection is granted. Statements for the 2011 maintenance fee and assessment will be mailed to all
homeowners as necessary without a written request.
6. A motion was made, seconded, and unanimously approved that the money from maintenance fees to be allocated to fund the
Road, Sewer and Drainage Systems Reserve Account, will be transferred from the Checking Account into the Reserve
Account on a quarterly basis. The amount deposited will be based on the collected maintenance fees for that quarter, and the
amount will be disclosed at the next board meeting following that quarter.
Any other New Business? None was stated
A motion was made, seconded, and unanimously approved to adjourn the meeting. Meeting was adjourned at 8:25PM.