Approved 10-18-2007 THE SURF CLUB CONDOMINIUM ...
Approved 10-18-2007 THE SURF CLUB CONDOMINIUM ...
Approved 10-18-2007 THE SURF CLUB CONDOMINIUM ...
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<strong>Approved</strong> <strong>10</strong>-<strong>18</strong>-<strong>2007</strong><br />
<strong>THE</strong> <strong>SURF</strong> <strong>CLUB</strong> <strong>CONDOMINIUM</strong> ASSOCIATION<br />
BOARD OF DIRECTORS MEETING<br />
WEDNESDAY, MAY 9, <strong>2007</strong><br />
The meeting was called to order at 2:00 p.m. by President M.T. Myers at the Surf Club<br />
resort Marco Island, Florida. Board members in attendance were M.T. Myers, William<br />
Chandler and Joe McCluskey. Attending from Hilton Grand Vacations Company<br />
(HGVC) were: Alyce Tracey – Resort Manager, Anthony McHugh – Assistant to the<br />
Resort Manager, Lael Kilpatrick – Regional Manager Resort Operations and Riki Martin<br />
– Administrative Assistant and Acting Recording Secretary for this meeting. John Lopez<br />
of Myers Brettholtz and Company CPA firm was in attendance for the financial report.<br />
APPOINTMENT OF RECORDING SECRETARY<br />
MOTION was made by Mr. McCluskey and seconded by Mr. Chandler to appoint<br />
Riki Martin as Recording Secretary for this meeting. Mr. Chandler voted aye, Mr.<br />
McCluskey voted aye and Mrs. Myers voted aye. Motion carried unanimously.<br />
APPROVAL OF AGENDA AND CERTIFICATION OF MEETING NOTICE<br />
MOTION was made by Mr. Chandler and seconded by Mr. McCluskey to approve<br />
the agenda and certification of meeting notice and to delay the executive session<br />
until Thursday, May <strong>10</strong> at the regional office. Mr. Chandler voted aye, Mr. McCluskey<br />
voted aye and Mrs. Myers voted aye. Motion carried unanimously.<br />
APPROVAL OF MEETING MINUTES<br />
MOTION was made by Mr. Chandler and seconded by Mr. McCluskey to approve<br />
the minutes of the meeting held on January 19, <strong>2007</strong> as corrected. Mr. Chandler<br />
voted aye, Mr. McCluskey voted aye and Mrs. Myers voted aye. Motion carried<br />
unanimously.<br />
OWNERS COMMENTS AND QUESTIONS<br />
The owners in attendance stated they would prefer no additional special assessments in<br />
the near future.<br />
MANAGEMENT QUARTERLY REPORT<br />
a) Financial Reports<br />
The CPA firm Myers, Brettholtz and Company of Ft. Myers has audited the financial<br />
records through December 31, 2006. Mr. Lopez stated that the financial statements<br />
present fairly, in all material respects, the financial position of The Surf Club of Marco,<br />
Inc. as of December 31, 2006, and the results of its operations and its cash flows for the<br />
year then ended, in conformity with accounting principles generally accepted in the<br />
United States of America.<br />
Mr. Lopez advised that the American Institute of Certified Public Accounts (AICPA) has<br />
initiated 12 new standards which will affect next year’s audit. Sarbanes Oxley legislation<br />
standards currently affect how public companies are audited and will affect
The Surf Club of Marco<br />
Board of Directors Meeting<br />
May 9 & <strong>10</strong>, <strong>2007</strong><br />
Page 2 of 6<br />
non-public companies next year. There will be a different way of auditing from the past,<br />
a lot in the area of internal controls and technology, causing additional work. Auditing<br />
will be on a risk assessment/fraud basis. The auditor cannot be part of an entity’s internal<br />
control. The end result, he believes, will be better audits, but the process could prove to<br />
be challenging.<br />
In the past the Association has had a three-year audit contract with a 3% increase, with<br />
the price locked in for those three years. He anticipates that the <strong>2007</strong> audit engagement<br />
contract will probably increase by 15-20%, and then he would propose locking it in for<br />
another three years. Mr. Lopez stated that this increase is low because the Association’s<br />
management entity already has the controls established. Some “mom and pop”<br />
businesses and some other associations don’t have the controls and could be facing a<br />
<strong>10</strong>0% increase. Preliminary work is done in November and December at HGVC’s office<br />
in Orlando. The Association does not get charged for travel time or hotels because the<br />
accounting office is in Florida. Doing the preliminary work allows them to address a<br />
problem earlier than waiting until March or April.<br />
MOTION was made by Mr. Chandler and seconded by Mr. McCluskey to approve<br />
the 2006 audit as corrected and authorize the President to execute the letter of<br />
engagement. Mr. Chandler voted aye, Mr. McCluskey voted aye and Mrs. Myers voted<br />
aye. Motion carried unanimously. The Board would like for HGVC to sign first.<br />
Mr. Lopez left the meeting at 2:50 p.m.<br />
b) Guest Services Reports<br />
The Board reviewed the RCI scores and Salt scores. RCI has changed the grading for<br />
Gold Crown status. Ms. Kilpatrick will be meeting with the new RCI representative on<br />
May 16.<br />
c) Property Operations Reports<br />
The Board reviewed the property operations reports.<br />
Mrs. Tracey stated that there are three major issues the come up at the weekly owners<br />
coffee meetings.<br />
• Mattresses<br />
• Fitness Center<br />
• Website<br />
Mrs. Myers stated some examples of suggestions she received from owners:<br />
• Fans for master bedroom<br />
• Rubber mats for bath tub<br />
• Cushions for pool furniture<br />
• Replace the kitchen table and chairs
The Surf Club of Marco<br />
Board of Directors Meeting<br />
May 9 & <strong>10</strong>, <strong>2007</strong><br />
Page 3 of 6<br />
OLD BUSINESS<br />
a) Policy Manual Review<br />
The Board was in agreement to table the policy manual review until tomorrow, Thursday,<br />
May <strong>10</strong>.<br />
Ms. Kilpatrick asked the Board to review the updated investment policy presented by<br />
Comerica.<br />
b) Rules and Regulations Review<br />
Mrs. Tracey presented the House Rules and Regulations to the Board for review. Once<br />
approved, they will be included in the Welcome Packet and distributed to all<br />
owners/guests upon check-in.<br />
c) Balgas<br />
The records indicate that during the third and fourth quarter of 2006 an extremely high<br />
spike in gas utility usage occurred at the Surf Club. Representatives from Balgas and<br />
senior management at HGVC worked very diligently together at that time to try to come<br />
to a conclusion as to the reason for this spike. The possibilities included, but were not<br />
limited to, leaks in hot water or in gas, inoperable gauges or thermostats, or a faulty<br />
meter. None of those possibilities produced a reasonable explanation. Moreover, for the<br />
first quarter of <strong>2007</strong> the gas utility usage seems to have “corrected itself” back to normal<br />
levels without any action having been taken on the part of management or Balgas to<br />
replace any controls, meters etc. The Regional Manger will be in town in the coming<br />
weeks, and HGVC Management will set up a personal meeting to request a possible<br />
refund of the overages paid.<br />
d) Beach Concession<br />
The company, Marco Island Ski and Water Sports, Inc. has been under contract with Surf<br />
Club since February of 2000 to exclusively provide beach furniture and equipment for the<br />
use of owners and guest at a pre-determined cost. Since the contract is self-extending for<br />
five year terms, with no termination clause, the contract could be burdensome in the<br />
future, and the Board has asked that it be re-negotiated.<br />
Several letters have passed between the HGVC attorney, Stephen Ostrow and those for<br />
the contractor. Management will continue to work on this issue to bring it to a resolution.<br />
At this time the contractor is not in any material breach of the contract.<br />
Mrs. Tracey will contact Marco Island Ski and Water Sports, Inc. to request as a courtesy<br />
the removal of the stored beach equipment from the beach area directly in front of the<br />
Surf Club. The Board also asked Ms. Kilpatrick to find out how much the other HGVC<br />
resorts pay for beach concession.
The Surf Club of Marco<br />
Board of Directors Meeting<br />
May 9 & <strong>10</strong>, <strong>2007</strong><br />
Page 4 of 6<br />
e) Beach Access<br />
For the safety of owners, guests and visitors, the Board has indicated an intention to<br />
install barrier fencing and gates along the property line between the parking area and the<br />
beach, and also a gate on the boardwalk<br />
MOTION was made by Mr. Chandler and seconded by Mr. McCluskey to direct<br />
management to prepare ASAP plans and specifications for the installation of an<br />
adequate fence from the southwest corner of the building to the Hilton hotel<br />
property line and obtain three bids for construction of same. Mr. Chandler voted aye,<br />
Mr. McCluskey voted aye and Mrs. Myers voted aye. Motion carried unanimously.<br />
NEW BUSINESS<br />
Project List Update<br />
The Board asked management to provide an analysis on the elevators and the fire alarm<br />
system.<br />
The Board and Management were in agreement to research other options for the kitchen<br />
instead of a table and chairs. Mrs. Tracey suggested a cabinet that would be attractive,<br />
functional and also hold the trash cans.<br />
MOTION was made by Mr. McCluskey and seconded by Mrs. Myers to authorize<br />
management to proceed with the installation of the fitness center, cost not to exceed<br />
$<strong>10</strong>,500. Mr. Chandler voted no, Mr. McCluskey voted aye and Mrs. Myers voted aye.<br />
Motion carried.<br />
MOTION was made by Mr. Chandler and seconded by Mr. McCluskey to authorize<br />
management to proceed with Resort Linen Service for one year using the proposal<br />
presented. Mr. Chandler voted aye, Mr. McCluskey voted aye and Mrs. Myers voted<br />
aye. Motion carried unanimously.<br />
The Board and management decided not to proceed with a public membership program<br />
for the clay tennis courts.<br />
MOTION was made by Mr. Chandler and seconded by Mr. McCluskey to recess the<br />
meeting at 5:45 p.m. Mr. Chandler voted aye, Mr. McCluskey voted aye and Mrs.<br />
Myers voted aye. Motion carried unanimously.<br />
EXECUTIVE SESSION<br />
The Board of Directors went into executive session on Thursday, May <strong>10</strong> from 9:00 a.m.<br />
to 11:00 a.m. to discuss the management contract and legal issues with HGVC, with no<br />
action taken.<br />
Meeting reconvened on Thursday, May <strong>10</strong> @ 11:30 a.m.
The Surf Club of Marco<br />
Board of Directors Meeting<br />
May 9 & <strong>10</strong>, <strong>2007</strong><br />
Page 5 of 6<br />
Mr. Piatt joined the meeting at this time.<br />
Surf Club Website<br />
In April of 2005 the domain name “The Surf Club of Marco.com”, was secured for a<br />
period of 5 years.<br />
The Board asked management to research the cost of maintaining the Surf Club website.<br />
Mr. Piatt stated that, since HGVC currently provides a viable website for use as a<br />
communication tool for Surf Club members under its HGVC website link, Management<br />
would have to charge the Association an additional fee to research and implement a<br />
second website for the Association. Mrs. Myers agreed to research for the website.<br />
The Board also discussed the website, www.surfclub.us, a website that is owned and<br />
maintained by a Surf Club owner, Mr. Tom Bertz and represented as the Surf Club<br />
website According to Mr. Bertz, the website was established four years ago to facilitate<br />
communication between the Surf Club owners. After receiving complaints from owners,<br />
the website was monitored. There were eighty members, twenty-five of which were Surf<br />
Club owners and the other fifty–five were individuals that had posted hundreds of links to<br />
hard core pornography on the site. Both the Board and Management agreed that it would<br />
not be acceptable to have the owners exposed to this material and the website was not<br />
appropriate for an association with the family atmosphere of the Surf Club of Marco<br />
resort.<br />
The Board requested that Management contact Mr. Bertz to discuss this issue. Mr. Piatt<br />
excused himself from the meeting and immediately contacted the owner, who indicated<br />
that he had not been aware of the objectionable links and assured Mr. Piatt that those<br />
links would be removed without delay. Mr. Piatt reported the discussion to the Board.<br />
The Board and Management will follow up to verify that the links have been removed. If<br />
the matter is not resolved the Board and Management will contact an attorney to see what<br />
other action will need to be taken.<br />
Owners’ Directory<br />
MOTION was made by Mr. Chandler and seconded by Mr. McCluskey authorizing<br />
management to send out an owner directory release form for a voluntary owner<br />
directory. Mr. Chandler voted aye, Mr. McCluskey voted aye and Mrs. Myers voted<br />
aye. Motion carried unanimously.<br />
Non-Guest Owners’ Use of Facilities<br />
MOTION was made by Mr. McCluskey and seconded by Mr. Chandler authorizing<br />
management to prepare a policy stating that owners may only use the facilities when<br />
they are in-house. Mr. Chandler voted aye, Mr. McCluskey voted aye and Mrs. Myers<br />
voted aye. Motion carried unanimously.<br />
By-Laws Revision
The Surf Club of Marco<br />
Board of Directors Meeting<br />
May 9 & <strong>10</strong>, <strong>2007</strong><br />
Page 6 of 6<br />
The Board discussed the anticipated results of the vote to amend the By-Laws to increase<br />
the Board from 3 members to 5 members. The official vote will be announced at the<br />
upcoming Annual Meeting. MOTION was made by Mr. McCluskey and seconded by<br />
Mrs. Myers, that if the amendment fails, a new ballot will be mailed to the owners as<br />
soon as possible in order to receive the required number of votes. Mr. Chandler<br />
voted no, Mr. McCluskey voted aye and Mrs. Myers voted aye. Motion carried.<br />
The Board was in agreement to table the policy manual review and the investment policy<br />
until the October Budget meeting.<br />
ADJOURNMENT<br />
MOTION was made by Mr. Chandler and seconded by Mr. McCluskey to adjourn<br />
the meeting. Mr. Chandler voted aye, Mr. McCluskey voted aye and Mrs. Myers voted<br />
aye. Motion carried unanimously.<br />
Meeting adjourned at 12:40 p.m.