<p> BLOOMFIELD CLUB II HOMEOWNER'S ASSOCIATION MINUTES OF THE BOARD OF DIRECTORS’ MEETING September 23, 2009</p><p>The Board of Directors meeting of the Bloomfield Club II Townhome Association was held at 7:00 p.m. on</p><p>Wednesday, September 23, 2009 at the Bloomfield Club Recreation Facility. </p><p>Attendance: Present: P. Chandler Joyce Ruther Leslie Eskildsen Richard Warner S. Elmore – EPI Absent: Diane Keper Ms. Chandler announced that the Board had accepted the resignation of Michael Augusta and appointed Richard</p><p>Warner to fill the vacancy. Ms. Chandler stated that the position was up for re-election at the annual meeting in</p><p>November.</p><p>Guests - </p><p>There were no guests.</p><p>Minutes - </p><p>Motion – Motion to approve the minutes. Seconded. Motion was unanimously approved. </p><p>Treasurer's Report – J. Ruther reported the following as of August 31, 2009:</p><p> Assets - $330,826.25  Liabilities - $ 32,857.77  Equity - $297,968.48  Total Liabilities and Equity - $330,826.25 Motion – Motion to accept Treasurer’s report. Seconded. Motion was unanimously approved. </p><p>1 Management Report – </p><p>Mr. Elmore stated that there would be a surplus in the budget for the replacement of garage doors and recommended that that amount be rolled over to the 2010 budget for garage door replacements to be completed.</p><p>Mr. Elmore also recommended that once the December 31st statement is generated any surplus be rolled over into a contingency reserve account for unforeseen projects that may come up.</p><p> Proposed Budget -- Mr. Elmore requested official approval from the Board to send the budget out to all</p><p> homeowners. A Board member asked that the contingency reserve account line be added to the</p><p> proposed budget prior to mailing. Mr. Elmore stated that he would add the line and leave the amount</p><p> blank. Ms. Chandler stated that the Bloomfield Club Recreation Association raised their fee by $1.00</p><p> and Bloomfield Club II raised their fee by $5.00, raising the assessment to $236.00.</p><p>Motion – Motion to accept the proposed budget with the contingency reserve account line added.</p><p>Seconded. Motion was unanimously approved. </p><p> Concrete Driveway Status – Mr. Elmore stated that the analysis of the concrete is at the lab and the</p><p> report would not be available for at least 2 to 4 weeks.</p><p> Rules & Regulations – Mr. Elmore stated that the proposed no lease amendment was mailed to all</p><p> homeowners. Ms. Chandler asked if there were any questions regarding this amendment.</p><p> Mike Alt – 206 Benton Lane – Unit owner stated that one of the main reasons he bought property</p><p> in Bloomfield Club II was the ability to rent the property, if it became necessary, because his job</p><p> requires relocation at any time. </p><p> Another unit owner stated that she’s already lost $30,000 - $50,000 in the value of her home and</p><p> if homeowners who had been renting are forced to sell at this time, there will be a lot of short</p><p> sales and foreclosures property values will drop another $30,000.</p><p> Another unit owner stated that there are approximately 20 homes for sale in the community, the</p><p> bulk of which are in Bloomfield Club II and the property values have plummeted in value and</p><p> that the houses that are for sale will go into short sale or foreclosure if they do not sell. The unit</p><p>2 owner stated that there should be exceptions made for those who had already been renting</p><p> especially during the present real estate conditions.</p><p> Another unit owner stated they she had been in favor of this amendment until the property values</p><p> started to fall.</p><p> The Board stated that this was not an overnight change and that homeowners had 24 months to</p><p> sell. Ms. Chandler stated that Bloomfield Club II was the only Association that had still been</p><p> allowing rentals and questioned whether because there are units for sale now, they should be able</p><p> to rent them because of the bad real estate market.</p><p> One of the unit owners stated that the other Associations had grandfathered in the homes that</p><p> were rentals when they passed no lease amendments and Bloomfield Club II did not give that</p><p> option.</p><p> The Board stated that it was not a decision of the Board to pass the amendment that over 70% of</p><p> the Association voted to pass this amendment. A unit owner asked if those had been original</p><p> votes or by proxy and another stated they had not voted. Mr. Elmore stated that everything had</p><p> been available throughout this process and that opposing counsel had reviewed all the</p><p> documents.</p><p> One of the Board members stated that the loss of property value had nothing to do with</p><p>Bloomfield Club II’s no lease amendment, that the bottom had dropped out of the real estate</p><p> market all over the country. There was further discussion with the unit owners pleading for</p><p> extension of the leasing period so that property values will not be forced lower.</p><p> Ms. Chandler stated that there was no change being made at this time. The Rules and</p><p>Regulations were just being brought into compliance with the Declaration which was amended in</p><p>January 2008. Ms. Chandler also stated that there is a hardship clause included and after</p><p>February 6, 2010, a letter may be submitted to the Board and they would decide at that time if a</p><p> hardship exists and all cases would be reviewed individually.</p><p>3  Mr. Palz stated that he had already submitted a hardship request and he asked why he had to wait</p><p> to submit the request until after February 6, 2010. The Board stated that they could not consider</p><p> the hardship until the no lease amendment becomes effective. Mr. Palz argued that the hardship</p><p> already existed because he cannot rent the unit because he cannot have a lease term less than one</p><p> year. The Board stated that they could now lease without a one-year lease and they might be</p><p> able to sell the unit in that time period and a hardship would not be necessary. Mr. Warner stated</p><p> that counsel had advised against considering hardship requests until after February 6, 2010.</p><p> Another unit owner asked what would be required to be submitted for a hardship and asked who</p><p> would make the final decision. Ms. Chandler stated that the hardship decision is the made by the</p><p>Board and that the unit owner must provide all documentation they have to support a hardship</p><p> claim and then the Board will determine whether a hardship exists and if there is more</p><p> information required, the Board will request more information.</p><p> Mr. Guillen asked if a unit goes into foreclosure if the bank would be allowed to rent the unit.</p><p>The Board stated that that would not be allowed. Mr. Guillen then asked if the Board was</p><p> allowed to rent and Mr. Elmore stated that under the Forcible Entry and Detainer Act the Board</p><p> is allowed to rent units they take possession of for default in assessments so that the money owed</p><p> the Association can be recouped.</p><p> Ms. Collins stated that under the Declaration unit owners can still rent the units to immediate</p><p> family. A unit owner asked what happens in the family members has someone move in with</p><p> them and the Board stated that family members renting the units would be able to have</p><p> roommates, as long as the family member occupies the unit and the lease is in their name.</p><p>Motion – Motion to accept the changes to the Rules and Regulations in its entirety as mailed to all homeowners. Seconded. Motion was unanimously approved. </p><p>4 Unfinished Business – </p><p> Garage Door Replacement – A unit owner asked if there would be notification when their</p><p> garage door would be replaced and was informed that a letter would be sent and Mr. Elmore</p><p> explained that there were 3 or 4 doors being replaced this year and all the remaining doors would</p><p> be replaced in 2010, weather permitting no later than April 2010.</p><p> Driveway Concrete – The unit owner also questioned why the driveways were being tested and</p><p>Mr. Elmore stated that the Board wanted to know why some of the surfaces are spaulding and the</p><p> concrete contractor stated that there was no problem with the concrete and the Board decided that</p><p> a core sample of one of the affected driveways should be taken and tested at an independent lab</p><p> to make sure the concrete was a proper mix and that this was a normal occurrence or if it was</p><p> abnormal. If the lab determines it is abnormal, they will go back to the contractor and have him</p><p> re-pour the driveways.</p><p>Recreation Association Report –</p><p> Mr. Anthony reported that the annual meeting had been held the previous week and as previously</p><p> reported, the monthly assessment had been increased by $1.00. The new budget was approved.</p><p>Shawn Rodgers who had previously been the appointed Bloomfield Club III representative was</p><p> elected to fill the position previously held by Joe Sykora. Mr. Elmore stated that the Board had</p><p> to officially appoint a representative to the Recreation Association Board. </p><p>Motion – Ms. Chandler motioned that Bob Anthony continue to represent Bloomfield Club II on the</p><p>Recreation Association Board. Seconded. Motion was unanimously approved. </p><p>Landscape Committee Report –</p><p> Ms. Collins reported that she had had Milieu repair the circle on Benton Lane.</p><p>5  Ms. Collins asked about the tree that was damaging the roof at 141 Benton and Mr. Elmore</p><p> reported that US Tree was issued a work order.</p><p> Ms. Collins reported that the drainage issue behind 146 Benton had been repaired.</p><p> Ms. Chandler stated that tree trimming is included in the 2010 budget and bids would be</p><p> obtained.</p><p>Motion – Motion to adjourn. Seconded. Motion was unanimously approved. </p><p>Meeting adjourned at 7:40 PM. </p><p>Respectfully Submitted – EPI Management Co. LLC</p><p>6</p>