Provide Provide

Niceville City Hall7:00 PM2 March 2011

RBOA INC 2011 ANNUAL MTG

RBOA INCRBOA INC

Welcome -- thanks for coming Welcome -- thanks for coming

Your participation in conduct of RBOA Your participation in conduct of RBOA is is greatly appreciatedgreatly appreciated

402 members strong402 members strong Board of Directors, Committees Board of Directors, Committees

All VolunteersAll Volunteers

BOARD OF DIRECTORSBOARD OF DIRECTORS

PRESIDENT PAUL MARYESKIPRESIDENT PAUL MARYESKI VICE PRES TOM ROBBINSVICE PRES TOM ROBBINS TREAS/SEC LINDA BLYTHETREAS/SEC LINDA BLYTHE ENVIRONMENT BILL PATRICK ENVIRONMENT BILL PATRICK ARCHITECTURE PAUL MARYESKI*ARCHITECTURE PAUL MARYESKI* COMPLIANCE AL HABERBUSCHCOMPLIANCE AL HABERBUSCH MAINTENANCE SEAN BEAUCHAMP MAINTENANCE SEAN BEAUCHAMP

*acting*acting

PURPOSE AND POWER OF THE PURPOSE AND POWER OF THE ASSOCIATIONASSOCIATION

““This Association is non-profit, does not This Association is non-profit, does not contemplate pecuniary gain or profit to contemplate pecuniary gain or profit to the members thereof. The specific the members thereof. The specific purposes for which it is formed are to purposes for which it is formed are to provide for maintenance, preservation provide for maintenance, preservation and architectural control of the residential and architectural control of the residential properties and to promote the health, properties and to promote the health, safety and welfare of the residents of said safety and welfare of the residents of said properties.” (Article III of the By Laws)properties.” (Article III of the By Laws)

AGENDAAGENDA

CALL TO ORDERCALL TO ORDER QUORUM VALIDATIONQUORUM VALIDATION ANNOUNCEMENT OF STANDARDSANNOUNCEMENT OF STANDARDS ELECTION OF DIRECTORSELECTION OF DIRECTORS COVENANT AMENDMENTSCOVENANT AMENDMENTS TREASURER’S REPORTTREASURER’S REPORT PROPOSED 2011 BUDGETPROPOSED 2011 BUDGET COMMITTEE REPORTSCOMMITTEE REPORTS OPEN DISCUSSION OPEN DISCUSSION

ELECTION OF OFFICERSELECTION OF OFFICERS

QUORUM VALIDATION (need 26%, 105)QUORUM VALIDATION (need 26%, 105)

ANNOUNCEMENT OF STANDARDSANNOUNCEMENT OF STANDARDS

VOTE COUNTVOTE COUNT

RESULTS -- ELECTION OF OFFICERSRESULTS -- ELECTION OF OFFICERS

Unit 1 & Unit 2 CovenantsUnit 1 & Unit 2 Covenants

Unit 1 -- originally executed 31 Jan 1974Unit 1 -- originally executed 31 Jan 1974 Unit 2 -- originally executed 29 Sep 1974Unit 2 -- originally executed 29 Sep 1974

Covenants extinguished by MRTA in 2004Covenants extinguished by MRTA in 2004 (Florida Marketable Record Title Act)(Florida Marketable Record Title Act) Invalidates restrictions on property > 30 yrsInvalidates restrictions on property > 30 yrs

Florida Homeowners Association ActFlorida Homeowners Association Act Provides procedure for reviving covenantsProvides procedure for reviving covenants RBOA BOD to contact all property ownersRBOA BOD to contact all property owners

Requires further vote of the property ownersRequires further vote of the property owners

Unit 3 CovenantsUnit 3 Covenants

Covenants executed 12 May 1982Covenants executed 12 May 1982 Pursuant to terms of MRTAPursuant to terms of MRTA

Covenants extinguish in May of 2012Covenants extinguish in May of 2012 Florida Homeowners Association ActFlorida Homeowners Association Act

Provides procedure to extend covenantsProvides procedure to extend covenants

that have yet to expirethat have yet to expire RBOA BOD to effect this changeRBOA BOD to effect this change

Vote of property owners not requiredVote of property owners not required

Why Covenants?Why Covenants?

Enforceable covenants needed to Enforceable covenants needed to maintainmaintain

cohesive and attractive communities cohesive and attractive communities Enforceable covenants help preserve Enforceable covenants help preserve

property values property values Lenders may require enforceable Lenders may require enforceable

covenants covenants

TREASURER’S REPORTTREASURER’S REPORT

$44K Annual Program$44K Annual Program 402 mbrs x $110402 mbrs x $110

Money Mkt: Money Mkt: Checking: Checking: Dam Fund: $5.3kDam Fund: $5.3k

____________

$31.1k*$31.1k*

*as of 31 Dec 2010*as of 31 Dec 2010

RBOA Expenses/BudgetRBOA Expenses/Budget 2010 Major Expenses2010 Major Expenses

Lawn/LandscapeLawn/Landscape $15,000$15,000 LegalLegal $11,200$11,200 Repair/MaintenanceRepair/Maintenance $11,500$11,500

2011 Budget2011 Budget Lawn/LandscapeLawn/Landscape $15,000$15,000 LegalLegal $10,000$10,000 Projects Projects $10,000$10,000 Repair/MaintenanceRepair/Maintenance $ 3,000$ 3,000

Lake Amick & Phelps RepairLake Amick & Phelps Repair

Drain pipe failed below dam on golf Drain pipe failed below dam on golf coursecourse Association responsibility per 94 MOA Association responsibility per 94 MOA Estimates received from 3 contractorsEstimates received from 3 contractors

Board selected Utility Solutions GroupBoard selected Utility Solutions Group

Work completed on scheduleWork completed on schedule Final cost $10,750Final cost $10,750 Reserve funds used to cover expenseReserve funds used to cover expense

FINING AMENDMENTFINING AMENDMENT

BACKGROUNDBACKGROUND Most ownership association boards have Most ownership association boards have

this authoritythis authority Board operates at distinct disadvantage Board operates at distinct disadvantage

without this authoritywithout this authority Will help with covenant complianceWill help with covenant compliance Judicious/deliberate process with limits on Judicious/deliberate process with limits on

daily/maximum fines daily/maximum fines

COMMITTEE REPORTSCOMMITTEE REPORTS

ENVIRONMENTALENVIRONMENTAL

ARCHITECTURAL CONTROL ARCHITECTURAL CONTROL

MAINTENANCEMAINTENANCE

COMPLIANCECOMPLIANCE

ENVIRONMENTALENVIRONMENTAL

ENVIRONMENTALENVIRONMENTAL

THE 5 LAKESTHE 5 LAKES: : Henderson, Kenny, PhelpsHenderson, Kenny, Phelps Werk & Amick Werk & Amick

WILL CONTRACT WITH THE “LAKE DOCTOR” FOR VEGETATION CONTROL ON LAKE HENDERSON/LAKE WERK

AS REQUIRED

VEGETATION CAN BE CONTROLLED - NOT ELIMINATED

LET THE BOARD KNOW IF YOU SEE A PROBLEM LET THE BOARD KNOW IF YOU SEE A PROBLEM DEVELOPINGDEVELOPING

gatorsgators

Exercise Caution Exercise Caution

beaversbeavers

ARCHITECTURAL CONTROLARCHITECTURAL CONTROL

ARCHITECTURAL CONTROLARCHITECTURAL CONTROL

Who is the Committee?Who is the Committee?

Your neighbors!!Your neighbors!!

Paul MaryeskiPaul Maryeski

Tom RobbinsTom Robbins

Paul GrimmigPaul Grimmig

ARCHITECTURAL CONTROLARCHITECTURAL CONTROL

ACC Application – for any new house or ACC Application – for any new house or addition to the property after a house is in addition to the property after a house is in placeplace Download application at rboa.net (first column)Download application at rboa.net (first column) Info required: what is it; what will it look like; Info required: what is it; what will it look like;

what’s it made of; what’s it made of; where will it be sited on the lot where will it be sited on the lot (include drawings/pictures, specs, site plan)(include drawings/pictures, specs, site plan)

Owner (not realtor or contractor) agrees/certifiesOwner (not realtor or contractor) agrees/certifies Restrictive covenants are on the web site (click Restrictive covenants are on the web site (click

Documents)Documents) ACC will retain drawings for file ACC will retain drawings for file

ARCHITECTURAL CONTROLARCHITECTURAL CONTROL

Variance to Restrictive CovenantsVariance to Restrictive Covenants Provide rationale – why can’t your project comply?Provide rationale – why can’t your project comply? Provide written concurrence from owners adjoining your Provide written concurrence from owners adjoining your

property, or owners that might be affected (e.g. across property, or owners that might be affected (e.g. across the street) the street)

In granting set back waivers RBOA assumes no In granting set back waivers RBOA assumes no responsibility for encroachment into Utilities/Drainage responsibility for encroachment into Utilities/Drainage setbacks from County or other government agency. This is setbacks from County or other government agency. This is always noted in ACC approval “Notes” always noted in ACC approval “Notes”

            

MAINTENANCEMAINTENANCE

MAINTENANCEMAINTENANCE

MAINTENANCE CONTRACTMAINTENANCE CONTRACT S&P Lawn ServiceS&P Lawn Service

Grass and tree trimming Grass and tree trimming

LANDSCAPINGLANDSCAPING Georgiana C PeacockGeorgiana C Peacock

SPRINKLERS/IRRIGATIONSPRINKLERS/IRRIGATION Self HelpSelf Help

2011 Projects2011 Projects

Lake Way Drive Entrance -- IslandLake Way Drive Entrance -- Island Henderson Lake - spill box, back sideHenderson Lake - spill box, back side Lindsey Lane IslandLindsey Lane Island Ruckel Drive near damRuckel Drive near dam Sharon Drive Entrance RBCCE signSharon Drive Entrance RBCCE sign Marion Drive Entrance RBCCE signMarion Drive Entrance RBCCE sign Your Suggestions?Your Suggestions?

Lakeway DriveLakeway Drive

Henderson LakeHenderson Lake

Ruckel Drive (near dam)Ruckel Drive (near dam)

COVENANT COMPLIANCECOVENANT COMPLIANCE

COVENANT COMPLIANCECOVENANT COMPLIANCE COVENANT COMPLIANCECOVENANT COMPLIANCE

APPROACH PER SEPT 2006 LETTER TO ALL RBOA MEMBERSAPPROACH PER SEPT 2006 LETTER TO ALL RBOA MEMBERS

DIRECT NOTIFICATION TO PROPERTY OWNERSDIRECT NOTIFICATION TO PROPERTY OWNERS FIRST STEP LETTERFIRST STEP LETTER IF NO RESOLUTION LETTER FROM ATTORNEYIF NO RESOLUTION LETTER FROM ATTORNEY APPROACH NOW MODIFIED SO SECOND STEP IS POTENTIAL APPROACH NOW MODIFIED SO SECOND STEP IS POTENTIAL

FINES LEVIED BY BOD (PER BY-LAW CHANGE VOTED AT 2010 FINES LEVIED BY BOD (PER BY-LAW CHANGE VOTED AT 2010 ANNUAL MEETING) ANNUAL MEETING)

THEN LETTER FROM ATTORNEY AS THIRD STEPTHEN LETTER FROM ATTORNEY AS THIRD STEP

DISCREPANCIESDISCREPANCIES

GENERALLY A LACK OF KNOWLEDGE OF COVENANTS SPECIFICSGENERALLY A LACK OF KNOWLEDGE OF COVENANTS SPECIFICS

THIRTEEN (13) SEPARATE UNITS WITH INDIVIDUAL COVENANTSTHIRTEEN (13) SEPARATE UNITS WITH INDIVIDUAL COVENANTS

COVENANT COMPLIANCECOVENANT COMPLIANCE

COVENANT COMPLIANCECOVENANT COMPLIANCE

ONCE CLICK ON PARCEL NUMBER --ONCE CLICK ON PARCEL NUMBER --PART OF THE INFO PROVIDED IS:PART OF THE INFO PROVIDED IS: “ “ROCKY BAYOU C/C EST #8 LOT 24 “ROCKY BAYOU C/C EST #8 LOT 24 “

THEN GO TO UNIT 8 COVENANTS ON THEN GO TO UNIT 8 COVENANTS ON RBOA WEB PAGE AS PREVIOUSLY RBOA WEB PAGE AS PREVIOUSLY DESCRIBED DESCRIBED

COVENANT COMPLIANCECOVENANT COMPLIANCE

20102010 39 (ABOUT SAME AS 2009) VIOLATIONS NOTED – NOT ALL 39 (ABOUT SAME AS 2009) VIOLATIONS NOTED – NOT ALL

PERSISTEDPERSISTED

9 (16 IN 2009) VIOLATION LETTERS MAILED OUT – 2 REPEAT 9 (16 IN 2009) VIOLATION LETTERS MAILED OUT – 2 REPEAT VIOLATIONS SO ONLY 7 PROPERTIES INVOLVEDVIOLATIONS SO ONLY 7 PROPERTIES INVOLVED

RESULTS --- EXCELLENT RESPONSE!!!!!RESULTS --- EXCELLENT RESPONSE!!!!!

ALL VIOLATIONS CORRECTED AFTER FIRST/REPEAT LETTERALL VIOLATIONS CORRECTED AFTER FIRST/REPEAT LETTER

1 VIOLATION FROM 2009 FINALLY RESOLVED WITH LEGAL 1 VIOLATION FROM 2009 FINALLY RESOLVED WITH LEGAL ASSISTANCEASSISTANCE

NEIGHBORHOOD WATCHNEIGHBORHOOD WATCH

OKALOOSA COUNTY SHERIFF’S OFFICE OKALOOSA COUNTY SHERIFF’S OFFICE WILL HELP SETUPWILL HELP SETUP INITIAL ACTIONS BY CONCERNED CITIZENS OF AN AREAINITIAL ACTIONS BY CONCERNED CITIZENS OF AN AREA

FIND OUT IF INTERESTED IN WORKING TOGETHERON CRIME/PROBLEMSFIND OUT IF INTERESTED IN WORKING TOGETHERON CRIME/PROBLEMS WHAT NIGHT/TIME GOOD FOR MEETINGWHAT NIGHT/TIME GOOD FOR MEETING PICK A LOCATIONPICK A LOCATION CONTACT SHERIFF’S OFFICE CRIME PREVENTION SPECIALIST –ASHLEY CONTACT SHERIFF’S OFFICE CRIME PREVENTION SPECIALIST –ASHLEY

BAILEY 651-7153 BAILEY 651-7153 ABAILEY@SHERIFF-OKALOOSA.ORG TO SET MEETING TO SET MEETING DATE/TIME/PLACEDATE/TIME/PLACE

PASS OUT FLIERS ABOUT MEETINGPASS OUT FLIERS ABOUT MEETING SHERIFF’S OFFICE CRIME PREVENTION SPECIALIST CONDUCTS SHERIFF’S OFFICE CRIME PREVENTION SPECIALIST CONDUCTS

MEETINGMEETING WILL BE ASKED TO FILL OUT SIGN UP SHEET AND PROVIDE 3 WILL BE ASKED TO FILL OUT SIGN UP SHEET AND PROVIDE 3

POCSPOCS WILL PROVIDE 2 NEIGHBORHOOOD WATCH SIGNSWILL PROVIDE 2 NEIGHBORHOOOD WATCH SIGNS

Real Estate MarketReal Estate Market ““Bouncing along the bottom”Bouncing along the bottom”

Clean and neat homes, right priced are sellingClean and neat homes, right priced are selling Most activity under $300,000Most activity under $300,000 Waterfront has been movingWaterfront has been moving

Homes for sale on MLS (>90%):Homes for sale on MLS (>90%): Niceville:17% are distressedNiceville:17% are distressed Crestview: 29% are distressedCrestview: 29% are distressed Emerald Coast: 22% are distressed Emerald Coast: 22% are distressed

Short sales, foreclosure, bank owned (REO)Short sales, foreclosure, bank owned (REO)

RBOA Annual MeetingRBOA Annual Meeting

OPEN DISCUSSIONOPEN DISCUSSION

THANK YOU FOR COMINGTHANK YOU FOR COMING