SIPOA Legal Committee Minutes 3/29/2016

Minutes of the Meeting

Osprey 1, Lake House

1. Call to Order. The meeting was called to order by the Chairperson at 4:05 p.m.
2. Quorum. A quorum was present
a. All Legal Committee members were present in person.
b. Heather Paton, SIPOA Executive Director, was present.
c. There were no guests or other non-committee member property owners present.
3. Prior Minutes. The Minutes from March 1, 2016 meeting were reviewed and approved with the correction of Ms. Paton’s title from Administrative Director to Executive Director.
4. Old Business. The Committee generally discussed and reviewed old business as follows:
a. Guy Gimson briefly reviewed the transfer of Jenkins Point roadway to POA, as approved at the Board meeting on March 21, 2016.
b. Ed Houff briefly reviewed, and the Committee discussed, the results of the motion challenging the validity of the POA referendum vote on 2/13/16 that modified the Bylaws concerning quorum requirements for the annual meeting, that was defeated at the Board meeting on March 21, 2016.
c. Ed Houff briefly reviewed and the Committee discussed the POA policy adopted at the Board meeting on March 21, 2016 concerning payments of assessments over time.
d. The Committee generally discussed the status of the ongoing dialogue between some property owners, the Pelican Watch regime and the POA regarding the existence of a beach access easement at the North end of the Pelican Watch community.
e. The Committee generally discussed the status of the request by Atrium Villa owners to reduce their assessments because of extensive and expensive repairs and lack of ability to occupy the premises, following the defeat of a motion made to the Board on March 21, 2015 to reduce the assessments.
f. The Committee briefly discussed issues relating to owners with multiple properties who pay their assessments on properties linked to amenity cards and access barcodes, but allow other owned properties to go into delinquency. The Committee also discussed potential solutions to the issue.
g. Guy Gimson updated the Committee members on the status of the Memorandum of Understanding and granting of Easements between the Club and the POA regarding acceptance by the POA of responsibility for future maintenance of certain key storm-water drainage areas when/if the Club brings the drainage pipelines up to Code.
h. Ed Houff and Brad Reynolds briefly updated the Committee on the status of Ralph v. McLaughlin, an ongoing lawsuit between two property owners into which the defendant property owner has filed a third party complaint against SIPOA claiming that all or part of the damages, if any, should be paid by the POA.
5. New Business. The Committee briefly discussed the following:
a. Whether it might be appropriate to recommend to the Board that an overall review of Covenants and Bylaws could be useful before the next annual meeting.
b. Whether it might be appropriate to suggest to the Board that a review of potential abuse of access barcodes and amenity cards should be addressed to the Safety and Security Committee.
c. A brief discussion of some Charles Town Regime residents’ objections to location of new Gate House.
d. Because of the recent Administrative Law Judge decision to permit developers of Capt. Sam’s Spit to proceed, the Committee was reminded that neither SIPOA nor anyone purporting to speak for SIPOA will take any position regarding the issue of the development of the spit.
6. The meeting adjourned at 4:55 p.m.
7. The next scheduled meeting will be held on Tuesday, April 26, 2016, beginning at 4 p.m. at the SIPOA Administrative Offices.

Respectfully submitted:

/s/ Edward F. Houff

Edward F. Houff
Chair of the Legal Committee

 

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