Coast Airpark Property Owners Association, Inc.
12301 Range Line Road
Port Saint Lucie, Florida 34987
Kenworthy, Vice President
On Line Information:
Minutes of Annual Meeting
President Opat called the meeting to order
at 9:10am, and introduced the Board members present, along with the Associations counsel: Mr. Vince Brocklebank, Mrs. Monica
Elliott, Attorney Jane Cornett, and Mr. Randy Opat. Mr. Kenworthy and Mr. Waters
Randy noted we had achieved the quorum as
required by our By-Laws with actual attendance and proxies. He thanked all members for attending. He advised those present
that our dues are the lowest of any Aviation community in the area at $300/year, compared to Aero Acres, Naked Lady and Tailwinds.
He announced that the Board had remained under
budget with all dues collected, all bills paid, and that funds still remained in the account at years end.
Minutes of February 8, 2003 Meeting:
Motion by Monica to accept as written, as
no discrepancies had been reported.
Second by Bernie Kerr. Approved by affirmation.
Vince reviewed the actual budget figures of
2003, showing income of $47,715 with expenses at $37,772, with $9943 remaining
in the account on 12/31/03. Several owners questioned why the legal fees reimbursed were listed in the income section. Vince
explained the accounting program that we use lists any monies deposited to show as
Motion by Monica to accept the Treasurer report,
second by John Pereira.
Approved by affirmation.
Randy introduced Jane Cornett, legal counsel
to the Association to answer the questions submitted by owners to the Board,
and clarify the issues encountered in the past year.
Ms. Cornett stated she has practiced law for
over 23 years, and that her firm of Cornett, Googe, and Associates, P. A. represents over 200 homeowners and condominium associations,
including several aviation associations.
She was present, at the request of the Board,
to dispel urban myths, answer questions and explain the rights and responsibilities of homeowners and Board members in an
She addressed the three documents that are
an integral part of a homeowners association: the Articles of Incorporation, the By-Laws, and the Deed Restrictions. Her answers to questions submitted are as follows:
Answers Questions on: Deed Restrictions & FL Statute #720
She stated that a homeowners association operates
under the Florida Statute #720, as a corporation. A Board of Directors is elected
by the membership, and the Board has a legal responsibility and ability to enforce the Associations Deed Restrictions and
By-Laws. She explained that the developer created the Deed Restrictions, and are very brief as compared to other Associations. She noted that the Deed Restrictions are a part of ownership at lot purchase, and
are in fact the bible of the rules of the Airpark, which cannot be disregarded or separated from lot ownership. She stated that changes to the Deed Restrictions could only be made by a 2/3 written agreement by all owners. She added that all owners are bound by the Deed Restrictions, which are legally enforceable
through the courts.
Answers Questions on: Articles of Incorporation
The Articles of Incorporation are sent to
the Secretary of State of Florida to create the corporation. Formerly, the Airpark
was known as Saint Lucie County Airpark, but the name was changed to Treasure Coast Airpark by the developer.
Answers Questions on: By-Laws
The By-Laws of the Association is a document
that states the organizational structure of the corporation and duties of its officers. She explained that our original By-Laws were not appropriate, as they were for a for-profit entity, and
the filing with the state of Florida showed
we are not-for-profit. It was necessary to change them to a not-for-profit status
to comply with the Florida Statute #720, and to record them as such, which was required by Florida law in 1992. The old By-Laws
permitted for a majority vote of the Directors to change them. Her associate,
Elizabeth Bonan assisted the former board with the change, and the new By-Laws were recorded in January of 2003.
Answers Questions on: Responsibilities of the Board Members
stated the directors of the Association have a fiduciary duty to act in the best interests of a majority of all owners. The failure to have elected officials act in accordance with the law can result in
removal, by way of a recall or
appointment of a management company, or a
court appointed receiver.
The latter two are costly, but may alleviate
partiality, as Directors must act in behalf of the corporation and in accordance with the law.
Answers Questions on: Directors and Officers Liability Insurance
She noted that directors and officers can
be sued for their actions, and thus most individuals will not serve in a voluntary capacity without this insurance. The Association has an obligation to indemnify them, and thus, a policy is the only safeguard.
Answers Questions on: Recall of Board Members
She explained that as legal counsel to the
Association, it would be her duty
to the Association to ensure that the recall
document complied with the Florida Statute #617.
And she very clearly stated: Florida law does
not permit a secret recall.
The individual who claimed to have a document
was invited to their office to present the document, however, the party declined. Therefore, without a document, there was
Answers Questions on: Commercial Operations and Dump Trucks
She stated it is the homeowners
responsibility to comply with the Deed Restrictions. As such, commercial operations of any type are not permitted in the Airpark. Dump trucks operating from an individual property are considered a commercial
enterprise, and are not allowed. The Associations officers and owners must comply
with the Deed Restrictions and both have the right to enforce the compliance, and the Board has the authority to levy fines
for a failure to comply with such. She noted the compliance is only as good as the neighbor.
Answers Questions on: Stalking, Threatening, Video Taping
Any individual that feels threatened by anyone
should call the Saint Lucie County sheriffs department, and file a report.
Answers Questions on: Payment for Services
She replied to an owner that she does not
work for free, and that she is being paid by the Association to attend the meeting.
Answers Questions on: Special Assessment for Capital Improvements
A capital improvement amounting
to over $500 per owner in a special assessment fee would require a vote of the membership. This could be for road repair,
runway paving, or any major expenditure.
Answers Questions on:
Annexation to the city of Port of Saint Lucie
She does not advise annexation
to the city, as she does not believe they would be serving us in our best interests.
She suggests monitoring the current land use and designation of adjacent property and to call or write to the county
commissioners to advise them not to allow the city to continue their annexation.
She stated a majority of
property owners in our community must vote in favor of annexation in order for it to occur.
Answers Questions on:
She advises contacting
the FAA to maintain a safe buffer for our airspace. With the city of PSL rapidly expanding, and development approaching, we
must remain aware of a possible encroachment into our airspace.
Offers Services of Cornett,
Googe, and Associates
The firm offers to monitor
the current events in our area on a complimentary basis. They will advise and
represent the Associations interests in areas affecting the community. The Board
of Directors need contact the firm for this service, as the firm monitors the public notices on a daily basis.
No additional questions
were asked of Ms. Cornett.
Property Status Report:
Vince reported to all the
accomplishments of the Board this past year:
The Association operated within the budget, ending with a
A mowing contract was secured at a cost savings over the past
contract, at a lower cost per mow. Three companies had submitted bids.
A VASI was professionally installed by an electrical contractor
and is operating.
All lights, including 2 that were buried, and 2 others that
were damaged had been repaired. The windsock bulb was replaced and operating.
The old rusty transformer for the radio had been replaced
lights to function
A new antenna was installed and raised to a greater height
Many of the swales were cut back of the encroaching vegetation
approaching the taxiways and runway.
A contract was secured to help eliminate the destructive rooting
the wild hogs. A
total of 8 were killed, and volunteers restored the taxiways and runway.
A contract for an ant and fertilizer company was secured.
10. A letter was sent to FP & L to advise that no additional overhead power lines be erected in the
Airpark, as they present a safety hazard to aircraft.
ANYONE OBSERVES overhead lines or poles being erected,
CONTACT A BOARD MEMBER
11. Secured and installed 2 Community Announcement Boards adjacent to
the bank of mailboxes
to be used to post the FL DOT license (required),
Rules and Regulations,
Board & Annual meetings, and our welcome sign with our website address.
12. Began clearing the culverts and swales to allow the water to flow naturally
out of the Airpark,
as it once did. Discovered a collapsed culvert under the
runway, and replaced
13. Established a web site: saving the Association $$ in stationary and
14. Secured a data base with all property owners addresses, postal & e-mail.
43 property owners
are currently receiving information via e-mail. The
will not be shared among property owners by any Board member in possession of this information.
15. Secured a Directors & Officers liability policy to indemnify the officers
in their voluntary
capacity, and eliminate a liability for all owners of the
shared common liability.
16. Successfully collected all unpaid past assessments for annual dues
17. Successfully defended the Association in 2 lawsuits, with the Association
recovering the legal
18. Enacted Rules and Regulations to protect the safety of all concerned
owners and guests
at the Airpark. These are currently in the St. Lucie
County records division
Road Repair Survey
Monica announced that additional
surveys were available for completion,
and that all would be forwarded
to the new board for action.
Nominations & Elections
Monica announced that 4
positions were open for a 2 year term, in accordance with the By-Laws, section 4.2.
The By-Laws stated that the election in 2003 was to seat 2 members obtaining the most votes for a 2 year term. Ken
Waters obtained the most votes, thus enabling him to serve 2 years. The additional seat to be filled with a 2 year term, resulted
in a tie between Randy and Monica.
As the tie was not settled,
each were asked if they were willing to serve a second year. Randy stated it
was time for someone else to work, and Monica stated that the amount of time expended to do the job correctly was more than
one could imagine, and she too felt, it was time for someone else to tackle the job.
The following persons were
nominated to serve a 2 year term:
Louis Nelson by Rob Kermanj second by Dick Herriford
Howard Ham by Bernie Kerr second by Gary Gorowsky
by Randy Opat second
by Vince Brocklebank
by Gary Gorowsky second by Bernie Kerr
No additional nominations
Bernie Kerr moved to close
the nominations. Second by Ernest Schetzel.
A motion by Rene St. Julian
to elect those persons nominated by affirmation with no opposition was made. Second by John Boyce.
Randy closed the meeting
by recognizing the many talented individuals residing in the Airpark that had given unselfishly of their time and talents in the past year.
Each was asked to stand
to be recognized for their contributions:
USED HIS TRACTOR TO LEVEL THE HOG UPROOTINGS
VOLUNTEERED TO CONTACT OWNERS TO FIGHT
THE POWER PLANT.
1 DOWN !
READY THE VASI PAD FOR INSTALLATION,
OF CULVERT & SOD ALONG NAVION
CLAUDET BENTON: NOTARY SERVICES, VEGETATION MONITORING,
REPAIR OF ROAD SURFACE AT THE
AT GLADES CUT-OFF & 609
THIS GUY DOES
WACKING AROUND THE LIGHTING
ANT CONTROL & EDGING ON SKYMASTER
STREET & STOP SIGN CLEANING, DIGS
OUT CULVERTS WITH BARE HANDS AND ON OCCASION USES A SHOVEL ! PAINTED THE CHEVRONS.
READY THE VASI PAD FOR INSTALLATION
ROB KERMANJ: REMEMBER: NO POWER PLANT
IN OUR NEIGHBORHOOD! ORGANIZED THE BEST GROUP OF VOLUNTEERS TO FIGHT THE POWERPLANT!
BUILT THE BEST PROFESSIONAL ACCOUNTING DATABASE FOR OUR AIRPARK. ORDERS SPARE PARTS & MONITORS THE BEST SOURCE FOR OUR
DOLLAR. HELPED SECURE THE VASI AND WORKED WITH TOM & TONY TO INSTALL THE
PAD. GENERAL MAINTENANCE. AN ALL AROUND VOLUNTEER WHOS WILLING TO HELP
AND CANT SAY NO!
GREG VARGA: ROAD REPAIR OF OUR POT
HOLES & GENERAL
PETER JOCK: CLEARED THE CULVERT AREA
IN FRONT OF LOT #92
TO HAVE THE WATER DRAIN OUT DURING THE LAST
CHRISTINE JOCK: PAINTED THE SOUTH ENTRANCE
VINCE BROCKLEBANK: DESIGNED OUR WEB SITE BRINGING
THE NEW MILLENNIUM! SPENT COUNTLESS HOURS WITH THE ANT & FERTILIZER FOLKS MONITORING,
INSTRUMENTAL IN SECURING A CONTRACTOR FOR
CLEANING OUT OUR BLOCKED CULVERTS. REMAINED
CALM, COOL, AND COLLECTED AMONGST THE CONTROVERSY OF A RECALL!
BERNIE KERR: VERY CONSCIOUS OF PRESERVING
ASSETS BY URGING FOLKS ON GOLF CARTS
USE THE SIDES OF THE TAXIWAYS TO AVOID
KILLING THE GRASS. HELPING TO MONITOR
THE CLEARING OF THE BLOCKED CULVERTS, AND HAS
BEEN KNOWN TO DIG OUT SOME BY HAND.
HAS BUSH HOGGED THE SWALES IN THE DRY
DICK HERRIFORD: HUNTING SEASON OPENED FOR
HIM WHEN HE
THE NORTH. 1 MORE DOWN!
THE ROUGH SPOTS OF THE HOG
THE MAIN NORTH-SOUTH TAXI-WAY.
NOW IN CONTROL
OF THE HOG TRAP!
IRENE HERRIFORD: ORGANIZED A WONDERFUL FISH
FRY AND INVITED
THE NEIGHBORHOOD. WHENS THE NEXT ONE?
GEOFF KENWORTHY: EXCELLENT WRITING SKILLS
WERE USED TO
NOTIFY F P & L OF THE NATURE OF
OUR AVIATION COMMUNITY AND NOTE THAT NO MORE POWER LINES WILL BE PERMITTED ABOVE GROUND.
MONITORED FOR A FULL 8 HOUR DAY THE VEGETATION CUTTING ON THE SOUTH SIDE PROPERTIES OF THE AIRPARK.
SECURED AN AIRPARK
HUNTING SEASON DURING THE EARLY MORNING:
2 DOWNED! MONITORED THE HOG TRAPS.
MONICA ELLIOTT: A DATA BASE OF ALL THE
PROPERTY OWNERS INCLUDING E-MAIL ADDRESSES AND PHONE NUMBERS FOR EMERGENCY CONTACTS.
SECURED THE COMMUNITY BULLETIN BOARDS
AND POSTED THE REQUIRED NOTICES AS WELL
AS OUR WELCOME NOTICE. CONTACTED
F P & L TO FIX THE LIGHT ON THE CORNER OF WALDO
PEPPER & RANGE LINE ROAD. NUMEROUS HOURS OF TYPING CORRESPONDENCE
TO KEEP OWNERS IN THE LOOP. ORGANIZED THE FILES OF THE AIRPARK.
STEVE CLEMSON: SEEN ON HIS TRACTOR NUMEROUS
KEN WATERS: MADE CONTACT WITH THE BUILDING
FP & L TO ADVISE OF OUR NEED TO REMAIN A
SAFE AIRPARK TO KEEP ANY FUTURE POWER LINES UNDERGROUND. TRIES TO MONITOR EVERYTHING & WE ALL KNOW WHAT KEN DOES BEST!
All in attendance were asked to complete the
volunteer sign up sheets for the various committees. These would be forwarded
to the new Board members.
A special thank you to Ann Burford & John
Periera for supplying the donuts
at the meeting!
There being no further business, the meeting
adjourned at 12:10pm.
A special thank you to Randy Opat, whose
guidance and professionalism allowed our Association to tackle many
hurdles with major accomplishments. His unselfish donation of time and talent
will be remembered by all. Thank you.