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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.

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