MINUTES:
Spring Meadows II Condominium Association
September 23, 2011 Board Meeting 10:00 am
Morgan Collins South George St York PA

Ben Glezer presided and called the meeting to order at 9:55 am.
Board members in attendance were: Glezer, Hamberger, Kimball, Kozak, and Yingling

Minutes of the 9/13/2011 Board Meeting, as posted on the SM2 website, were approved.

DECLARANTS REPORT

Keith Ahrens was highly commended by the Board for his extraordinary efforts to assist with roof shingle replacements and flooded basements during the recent aftermath of torrential rains and winds.

Keith Hamberger was asked to review the costs of those incidents and advise us accordingly.

Keith H said he would review loose stonework and the punch list of repairs with Keith A.

Keith H has agreed to review our request to contribute to the reseeding around the newest building, and drainage  issues between 2911-2913 and 2932-2939; Keith agreed to get back with us by Monday 9/26/2011.

Keith Hamberger reported that he had heard from his lawyer and that the half-condo-fee payment for the model unit for 2011 was fully agreed upon.

SM2 agreed to service the snow & ice removal of the model unit this winter.

Bylaw changes will be forwarded to him for his Declarant approval and signature.

Keith Hamberger had to leave at 10:35 to attend another meeting elsewhere.

NOMINATION & ELECTION OF BOARD OFFICERS

The board was evenly divided at to whether Ben or Kim should be President this next term; a co-presidency  was briefly contemplated but rejected because it is not included in the bylaws; the compromise reached was that Kim's duties would be immediately expanded to permit a smooth transition a year from now when Ben's term expires.

NEW BUSINESS

The 2012 Landscaping Contract with W&S was approved and signed.
The 2011-12 Snow & Ice Removal Contract with W&S was approved and signed.
The fall seeding/aeration proposals with W&S were approved.
The drainage issue proposals for 2911-2913 and 2932-2939 were approved.
The retention pond landscaping proposal was approved.

Patio Size Issue: a unit owner (in a very nice and non-confrontational manner) asked for help from the Board in getting a larger patio; his patio is smaller than others around him for no apparent reason.

The Board recognized its responsibility to properly address the request and make a decision.

Information associated with the request includes:
  • The patio in question is smaller (10' x 16') than most comparable patios (14' x 20')
  • There a few other smaller patios in SM2 due to setback restrictions and/or elevation issues.
  • The patio in question could have been (14' x 20') and still met setback restrictions.
  • It has been over 2 years since the purchase took place.
  • Construction of the new building with larger patios this year revealed the disparity of patio size prompting the  current discussions.
  • The Realtor & Builder affirm that the buyer was advised of the small patio size prior to the sale.
  • A Board member confirmed by personal experience the Realtor & Builder practice of advising about a smaller patio prior to a purchase. 
Planning for a worst case scenario of a small claims court claim, the Secretary reviewed the paperwork trail available to a Magistrate which included the Declaration, By-Laws, various site plans and the building permit; the Secretary visited the township to review the details of the building permit.

(SM2 Marketing literature included 10' x 20' patios for all units as a feature but was subject to change e.g. Anderson Windows & 40 year roofing.)

The following items summarize those findings:
  • Only the building permit and its attachments specify patio size.
  • The township building permit for the unit and patio in question is 05217B.
  • The Builder submits dimensions and the township approves them i.e patio size is Builder determined.
  • The reason for the original smaller patio size in the Builder's construction plans remains inexplicable.
  • The building permit for the patio in question showed a patio not to exceed 10' x 20'; a 10' x 16' patio was actually constructed and satisfied the building permit.
  • The 35' construction setback applies to structures with roofs; patios can straddle and cross the 35' setback by another 17.5 feet.
  • Patios are not inspected by township building inspectors.
  • The Builder is not required to obtain SM2 Association approval of any construction or construction plans.
  • Patios are limited common elements of the association maintained by owners; the Association may be targeted for liability.
  • Owners must obtain Association approval to modify common or limited common elements.  
The Board was advised by the Secretary that while everything looks legal in our favor particularly if we would insist that building permits be reviewed, there are no guarantees as to how a Magistrate might decide.

Further Board discussions dealt with what was "legal" versus what was "right". The Board was unanimous that, if it was requested to approve a larger patio at no cost to the Association, it would do so.

The Board then considered a proposal to mitigate the issue by sharing the cost with the builder; the Board was evenly divided and voted 2-2 to "not open that can of worms" thus leaving the issue unresolved.

DELEGATION OF DUTIES

Judy will be the direct contact with W&S and owners for all issues related to lawns and landscaping .

Ben will be direct contact with W&S and owners for all issues related to snow & ice removal.

Kim will be the direct contact with vendors and contractors for maintenance and repair items; a list of units needing painting and/or power washing was compiled during the 9/19 walk around; estimates from more than 1 contractor are to be obtained and a budget prepared for 2012 by October 21, 2011.

Phil will continue as Secretary/Treasurer.

Owners will be reminded to submit issues and concerns in writing; easiest way is to just email board@rriver.com

TREASURERS REPORT
As of 9/23/2011 there were no delinquent accounts.
SM2 did have a deposited check bounce; the owner has paid the $20 bounce fee and a $30 late fee.

NEXT MEETING DATE: Friday November 18, 2011 10:00 am at Morgan-Collins

ADJOURNMENT: The meeting was adjourned at 12:20 pm.

Phil Kozak, Secretary/Treasurer