Board Meeting Minutes from 14 January 2022

(in person at Sandra Wilt’s House)

(Virtual Meeting via Google Meet [Dexter set up] due to Covid Issues)

Board Member Attendees: Sandra Wilt (Pres), Randy Mears (VP), Dexter Blois (Treas.), Mike Pastor (Sec), Heather Peery (Community Oversight Chairperson), David Weakley.

Board Members Absent: Stephen Jones

Resident Attendees: none

  1. This meeting was called to order by Sandra Wilt, President, at 7:04 PM.  This virtual meeting was audio recorded by Mike to aid minutes preparation.
  1. Meeting minutes review and approval – Dexter moved we accept/approve the minutes from the 12/06/2021 December Board Meeting. Sandra seconded that motion and the members unanimously approved it.
  2. Financial / Treasurer’s Report
    1. Dexter reported the Tuscany H.O.A. has the following account balances today (on 1/24/2022):
         > Checking:    $38,946 (includes ’22 Dues received)

       > Savings:      $43,523

  1. Dexter audited the records and made a few minor adjustments to expense categories. The 2021 expenditures ended under budget by $3,658.32 for the year.
  1. Randy moved we accept the year-end Treasurer’s Report and Heather seconded that motion.  The members voted unanimously to approved it.
  1. Community Oversight Committee – Heather Peery

    ARB (Architectural Review Board) Requests Received & Approved:

1678 Victoria Way – Roof

1524 Cashiers – Landscaping

1678 Malcolm Point – Fence replacement (they also will be re-doing driveway that was delayed but previously approved).

1630 Victoria Way – roof

1664 Victoria Way - paint


ARB Violations:

1551 Victoria Way – Overgrowth – Pending Fines Committee (a continuing issue).

1672 Malcolm Point – Yard overgrown with weeds – Has been resolved


Update on 1098/1106/1107 Fullers Cross Property – All properties are same owner.  County portion (1107) is zoned as Agricultural 2. County Magistrate gave deadline of Jan 3 to remove the dirt piles. The dirt piles are believed to be septic tank dig outs and may contain contamination. County Zoning has already been out documenting the non-compliance and will start fining.  Zoning advised a lien starts 3 months later.  Dirt piles have all been removed.  The Environmental Protection Division also has assigned a Pollution Control Inspector as reported by a resident. Improper burning has been stopped numerous times by the Fire Department. City portion (1098/1106) is zoned residential – City Zoning has issued a stop work order on the land clearing/tree removal and storage of items there. The dirt piles against the WO Trail are believed to be in the City. Both Zoning and Parks have been out.  City Zoning states they may need a surveyor to determine where city starts/county ends on the property line.  But those piles have also been removed. 

City of Winter Garden issued a Stop Work Order for the Pine Tree lots and Heather is not aware of any more work taking place there.

Pond update:  Solitude was out on 12/29 for last treatment before the switch to the new company.  Pond was hand cleared of shoreline grass by resident volunteers to save the cost of cleaning it out.  Shoreline is greatly improved with the grass gone. 

Irrigation Company was notified of possible leaks along the sidewalk/hedge.  Two residents have complained about erosion along the fence line from this. There is a great deal of sand on the sidewalk. Heather and her husband capped a pipe leak inside the fence line that’s not on either property owners’ lots.  They were going to come out today but could not since they have Covid and will be delayed.

Landscaping – Crepe Myrtle Tree Trimming will be done as included in the contract.  Heather spoke to them and asked if they’d be interested in bidding on the front entry landscaping that was being considered with the County Grant.  They affirmed they are.

  1. Old Business
    1. Status of County Grant to Re-Landscape Community Entrance
      1. Dexter – The County indicated we cannot transfer the project from front entry landscaping to pond landscaping, but we can re-apply as a new project.
      2. Ruth finally replied what we can & cannot do.
      3. Tabitha is currently not involved with the Grant program at this time.
      4. Sandra suggested we use some of our excess funds from the 2021 year-end and do a front entry improvement on our own without waiting for the County grant funds.  Sandra and Heather will work together with a few residents to come with a plan.
    2. Update on Semmersheim violation.  Set date for Fines Committee meeting after hearing from Dexter on some procedural matters regarding this.
      1. Dexter drafted a letter to send to the homeowner a formal letter about the violation and impending fines and sent that letter to Counsel for review and feedback.
      2. Counsel explained the HOA Board needs to add language into the Declaration of Covenants, Conditions and Restrictions (CC&R’s) for Tuscany that will allow fines to be imposed and be set up.
      3. The procedure will then be the HOA Board may vote to impose a fine, if so, the homeowner will then have an opportunity to go before a Violations Committee (a third board comprised of community members that are not on the HOA Board, nor related to any Board Members).  The Violations Committee has the authority to ratify the fine, waive the fine or suspend it while the work is being performed. There is a lot of latitude by the Violations Committee to get control of the matter.
      4. Dexter recommended the HOA Board vote on the need for a violation fine now, enact the amendment to the Declarations (a separate vote on this amendment, HOA Board Secretary & President to sign/notarize, and give to Counsel to file/record the amendment to the CC&R’s Enforcement Fines with the court).
      5. Notice will then get sent to advise the homeowner of a fine to be levied for the violation and the opportunity to be heard by the Violations Committee. Sandra made a motion to accept and adopt the amendment to the CC&R’s [SEE ATTACHMENT FOLLOWING THESE MINUTES] as stated by Counsel.  This motion was seconded by Dexter and voted/approved unanimously.
      6. The Fines Committee can decide to issue a fine up to a maximum daily amount not to exceed $100 per day.
      7. If fines are not paid, and total exceeds $1,000 a lien could then be filed.  
  2. New Business
  1. Possibly change due date of HOA dues payment schedule.
    1. Dexter read all CCR’s and found it states the Late Fee & Interest starts accruing the later of two dates: January 31 or 30 days from the postmark of the mailing of the invoice.  No where does it says the invoices need to be mailed on December 1st with a due date of January 1st.  He suggests we will simply mail the invoices on December 30th with a due date of January 1st.
  1. Suggest date change of annual meeting from March 7 to April 11 to be in compliance with state regulations of mailing a notice 60 days prior.  Dexter made a motion to move the Annual Meeting to April 11 and Mike seconded it.  It was voted/approved unanimously.
  1. Discuss slate of board members for 2022-2023.  Sandra, Heather, David prefers to resign (will stay on if needed), Mike, Randy, Dexter.  Sandra will ask Stephen.
  1. Propose that February board meeting be Tuesday, February 15 (since Monday is Valentine’s Day)?
  1. Adjournment – Sandra made motion to adjourn, and it was voted unanimously.  Meeting was adjourned at 7:42 PM

    Next Meeting is scheduled on Tuesday, February 15th at 7:00 PM. at Sandra Wilt’s Back Porch at 1630 Victoria Way.

Respectfully submitted,

Michael Pastor, Secretary

The mission of the Tuscany Homeowners Association is: To institute and enforce rules, regulations and legal restrictions designed to ensure that the Tuscany neighborhood is a safe, attractive and desirable community where property values and resident satisfaction are maximized.