Board Meeting Minutes from 8 January 2024

 January 8, 2024
(On-Site Meeting at 1678 Victoria Way-Jeanne Yazinski’s House)

Board Member Attendees: Jeanne Yazinski (President), Tera Pauley (Vice President) Dexter Blois (Treasurer), Mike Pastor (Secretary), Heather Peery (Community Oversight Committee Chair), Matt Gillis, Martin Isales.

Board Members Absent: None

Resident Attendees: None

The meeting was called to order at 7:00 PM. This meeting was audio recorded by Mike to aid minutes preparation.

Secretary’s Report

        The December 5, 2023, Board Meeting Minutes were e-mailed to board members January 7, 2024.  Dexter made a motion to approve, and Jeanne seconded the motion.  It was approved unanimously.

Treasurer’s Report

        Dexter sent the Month Ending 12/31/23 Account Balances of:

Checking:   $2,885      Savings:   $13,535      Fidelity (Money Mkt):   $31,181 

Dexter stated that the Fidelity account reflects $1,181 in earned interest over the 10 months since we opened the account.

The Year-End Income/Expense Statement was adjusted to reflect the Orange County grant as income even though the money wasn’t actually received from the county and the off-setting expenditure for the pond aeration (bubblers).

Mike made a motion to accept the Treasurer’s Report and Matt seconded the motion. It was approved unanimously.

DUES FOR 2024.  The invoices were dropped off at the Post Office on 12/29 and postmarked then but weren’t delivered until Jan 3, 2024. As indicated last month the Board approved a $25 increase in dues from $325 to $350 for 2024. At Jeanne’s suggestion, a new option to pay dues using Zelle was established, and Dexter set up a new “financial specific” e-mail address to more easily distinguish them from general HOA e-mail.

Two homeowners still owe for 2023 and late fees and interest continue to accrue.

We must wait until the amount owed exceeds $1,000 before we can file a lien and enlist our attorney to file the paperwork.  We have done these two or three times in the past and then the past due dues got paid including interest, late fees and attorney fees.

Community Oversight Committee – Heather Peery


  • 1612 Malcolm Pt. – Trim Lighting (he only used them during the holidays, and he agreed he would only use it for holidays)


▪1569 Victoria Wy – Improper fence style – Fence was repaired; however, a stockade fence style was used, which is not permitted by the deed restrictions, resulting in a new violation.  An ARB Request would have avoided this. A violation letter was sent.

▪1637 Malcolm Point Dr – Pressure Washing A violation letter was sent.

YARD OF THE MONTH: Awarded to 1571 Victoria Way (Larry & Candi) for December.

MULCHING was completed last month.

TREE TRIMMING quotes were obtained for the 16 palms and 11 oaks around the pond and entry (We budgeted $3600):

  • Enviro Tree Service quoted $3,700.
  • Branch Tree Service quoted $3,175.
  • Southern Environmental Jason (our landscape service vendor) quoted $3,150.

Even though this is under budget, Dexter made a motion to proceed and accept Southern Environmental (Jason)’s bid for $3,150 and Mike seconded the motion. The Board voted to approve it unanimously.

wELL and Pump replacement for IRRIGATION SYSTEM:

▪ The pump and well have failed must be replaced.  These are used to irrigate the common area grass (front entry, all around the pond and along the hedge row along Fullers Cross Road East of the pond.  A “pump only” replacement is ill advised since our well is putting out sand which clogs the pump causing it to malfunction.  Fortunately, it is still cool and raining frequently to allow us time to fix these before the hot/dry climate arrives.

▪ A new well must be dug since it is allowing sand to clog the pump.  If they do not dig a new well, they cannot warranty the pump.

▪ The current well has three 21-foot 2-inch pipes = 63’ + 10’ pump for at least 73’ to 100’, which is the original 30+ year old well. This current well is at the corner between the 1st and 2nd lots on the left as we enter.  It is a mystery why the well was ever installed there.

▪ Three quotes were obtained from Well Drillers (only one company actually came out to see our property before preparing their quote)

▪ $21,920 from Montana Well Drilling.

▪ $17,060 Paul Well Drilling.

▪ $16,420 Water Works.  This is the company recommended by the pump vendor and is the only company that came on site and met with Heather.

    • A locator service must be used to identify all underground utilities (sewer, gas, etc.) and the City of Winter Garden must approve the designated site.
  • Preferred site where the valves are at the end of the brick wall.  If that site is unacceptable, the alternate site is right in front of the TUSCANY sign in front of the wall.
  • The old well must be “abandoned” which costs $2,000 and is included in the quotes.  This is a formal process to cap & cover the well to prevent a hazardous condition.
  • A new pump is included.  The current pump is only 6 years old.  It was replaced when the lightning strike occurred, but the sand intrusion is the likely cause that it failed so soon.
  • The control box is re-usable.
  • An electrician is required to connect the pump, which will be an additional expense.
  • Multiple electricians have been called.
    • Bright Futures still hasn’t called back.
    • Another electrician charges $95 to come out and give a quote.
    • Simply Electric gave two quotes:
      • $7,600 if the well is drilled at the end of the wall at a distance of 150 feet to connect.
      • $3,100 if the well is drilled in front of the wall since the distance to connect is so close.
    • Alexander Electric hasn’t given their quote, yet.
    • A third company is coming Friday afternoon.
  • Instead of drilling a new well and installing a pump, we could switch to city water to irrigate Tuscany’s common area, but that is estimated to cost $4,000 One-time connection, permitting, etc. + an average of about $1,000/mo, equally about $16,000/year.
  • Another approach considered was to pump the water from the retention pond, however there’s not enough water and this would drain the pond and prevent ongoing use.
  • Connecting the pump to the irrigation manifold is also required (of course).
  • We agreed that we want to continue irrigating the common area and entry to insure property values stay high and not allow values to decline.
  • Jeanne made a motion to select Water Works to drill the well and install the pump. Dexter seconded the motion.  Further discussion was held to clarify that the new well would be drilled at the East end of the brick wall unless the locator service indicates a problem putting it there.  The Board voted unanimously to proceed with this capital investment/expenditure.
  • Electrician selection and installation can occur at separate times and not necessarily at the same time.



Dexter agreed to contact Metronet to get a status update.



Due to a scheduling conflict we agreed to move the Annual Meeting to Monday, March 11, 2024 (Cornerstone Church) Mike Pastor agreed to contact Pastor Mike at the church to reschedule the meeting location and to e-mail the Board with his reply (Pastor Mike agreed and changed the Church Calendar accordingly.)


House Bill 59 / Senate Bill 50 – proposing that associations provide copies of their rules and covenants to every member initially and thereafter to every new member.  E-Mail distribution is allowed to those residents that will accept communication by e-mail.  We prefer and expect the Closing Agent/Attorney to provide these since it is communicated routinely whenever a sale is pending with links to these documents.

House Bill 431 / Senate Bill 826: Currently, HOA fines and fees for violations of the CC&R’s cannot exceed $1,000 in the aggregate by an independent Fines Committee comprised of three, or more, non-Board Members nor related to Board Members.  The Fines Committee can choose to agree with the fine, reduce the fine or waive the fine completely.  The new legislation would reduce the maximum from $1,000 to $500 in the aggregate. 

Dexter proposed we, as a Board of Directors, send a letter to our FL Representative: (House Dist. 39) Michael “Doug” Bankson and FL Senator (Senate Dist. 15): Geraldine F. "Geri" Thompson opposing this proposed legislation. Dexter made a motion and Mike seconded it.  It was approved unanimously.  NOTE: on 01/14/2024 Dexter e-mailed the letter he composed to send to our legislators (See attached following these minutes)

The next H.O.A. Board Meeting will be held on Monday, 02/05/24 at 7:00 PM, at Jeanne’s house at 1678 Victoria Way.

Adjournment – Jeanne moved we adjourn, Dexter seconded it. All Board Members agreed. The meeting adjourned at 8:10 PM.

The Annual H.O.A. Meeting will be held on Monday, 03/11/24 at 7:00 PM, around the corner at Cornerstone Church at 1333 E Crown Point Rd, Ocoee, FL 34761

See Dexter’s letter to our state legislators on the next page


Letter that Dexter Composed to send to our legislators he sent 01/14/24 to HOA Board Members:

Rep Douglas Bankson, Florida House District 39

Sen. Geraldine Thompson, Florida Senate District 15

Re: HB59 (SB60) and HB431 (SB826)

We write, representing 94 homeowners in Tuscany subdivision, Winter Garden, regarding the above referenced legislation proposed for the 2024 Legislative session.

HB59 – proposing that associations provide copies of their rules and covenants to every member initially and thereafter to every new member. 

While we do reference the availability of those documents on the HOA’s website, we feel that they should be provided to new members by their closing counsel or firm at the time of closing.  We have no problem in distributing these documents electronically, but many members either do not have the means to accept electronic files or will not provide email addresses to allow for electronic communications.  To provide them in hard (paper) copy format will be a substantial expense, including both printing and mailing them, for which the HOA has not budgeted.

We respectfully request your support in either amending the legislation to have the documents provided at closing or defeating it entirely.

HB431 – prohibiting fines imposed by associations from exceeding $500 in the aggregate.

We strongly object to the reduction of the maximum fine under 720.305, F.S. Even at the present maximum of $1,000, there have been instances when residents still fail to resolve a violation for which the fine was levied in the first place.  This has the potential for creating a safety hazard by allowing a violation to exist.  Further, it has the potential to devalue neighboring property or the property values of the entire subdivision.  We strive to maintain a vibrant, healthy community.  This enhances values for all properties within the neighborhood. Lowering the fine cap as proposed in the referenced legislation reduces the incentive for the violator to remedy the violation for which the fine is imposed in the first place.  The existing legislation (720.305, F.S.) has safeguards (14 day notice plus review by a separate, independent committee) in place to accommodate concerns that have been expressed publicly.

We respectfully request your support in defeating this legislation.

Thank you for your continuing support and particularly for our positions in the above.

Tuscany HOA Board of Directors

Jeanne Yazinski, Chair                            Tera Pauley, Vice Chair  Dexter Blois, Treasurer

Michael Pastor, Secretary                    Heather Peery                  Matthew Gillis  

Martin Isales

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.