A Town Hall meeting of the Avocet
community and the Avocet Board of Directors was called to order at 7:05PM
on Monday, November 1, 1999, at the Avocet Clubhouse, President Andrew
Goodspeed presiding. Also in
attendance were Lara Foreman, Vice President, and Frank Boduch,
Also in attendance were Jay Taylor,
Attorney with Weissman, Nowack, Curry & Wilco, PC, and Sue Juliano
Property Manager with Today American Management.
Twenty-Eight (28) members of the Avocet
community were present as well.
Andrew explained the purpose of the
meeting as being to review the draft documents of the newly formulated
Articles of Incorporation, By-laws and Covenants, as prepared by Jay
Taylor, and to address any questions, concerns, or recommendations
made by members of the community.
Jay Taylor was introduced and
explained the primary purpose for updating the documents. He also explained that 2/3rds majority of the
community was required to approve the new covenants. 10% approval of the community
is required to approve new By-laws.
It was further explained that no votes would be taken during
this meeting, but rather to move forward in preparing final documents
that could be explained to the community and voted on at a later date.
Jay Taylor then opened the floor for
Q: How do the new documents minimize
the need for litigation?
A: The Georgia POA Act guides the
process and the rights of the community and it's leaders. Due process must be followed
according to the law.
Q: Can the Board of Directors set
standards for the number of pets that a homeowner may have, the number of
cars in a driveway, etc.?
A: Such matters are considered by the
board on a case-by-case basis. The
board makes decisions following the covenants of the community. The covenants must be written to minimize complications of
these matters and serve as a guide to the board.
Q: What spending limits do the new
Covenants and By-laws impose on the Board of Directors?
A: Board of Director discretionary
approval cannot exceed $15,000 on any give item or project without prior
approval of a majority of the community.
Q: Can the Board of Directors exceed
spending limits cumulatively?
Expense approval limits take into account expenses coming from more
than one source or at different times.
If the total project exceeds the prescribed limit, the board must
seek approval of a majority of the community in advance of committing to
Q: How much money can the Board of
A: A limit of $10,000 is required. Above this amount, approval of a
majority of the community is required.
Q: What is the effect of the new
documents on the community's insurance requirements?
A: The new documents serve the
purpose of strengthening the community's ability to be well-protected even
under minimum requirements. The
Board of Directors is currently soliciting bids for new coverage and is
seeking to reduce the cost of insurance coverage, if possible.
Q: What is the benefit of having a
Board of Directors in a community such as Avocet?
A: The Board of Directors is
responsible for the day-to-day management of the community, to enforce its
covenants, which are prescribed to protect the value of property within
the community. The board is
also charged with a fiduciary responsibility to collect association fees
and manage expenses for maintenance, repair, capital improvements, and the
Q: Some of the new covenants do not
appear to assure "reasonable" controls and discretion on the
part of the Board of Directors. What
can be done to safeguard the community from indiscriminate actions by the
A: The documents should say
"reasonable" and can be made more clear by providing objective
restrictions if so desired and approved by a majority of the community. It is somewhat difficult to
anticipate what future issues might come before the board. The covenants need to allow the
board to take appropriate action that serves the best interest of the
Q: How can a member of the community
petition the entire community on matters deemed to be important?
A: All members of the community have
the ability to call a special meeting on topics that affect the community
as a whole and to measure the concern of the community as well. Due process must be utilized to
assure appropriate input, responses and actions. In the absence of any other
recourse, injunctive relief by means of a court order could be requested. Mediation is always recommended
before proceeding to litigation.
Q: How can recommendations or
concerns pertaining to the new documents be addressed?
A: Form a covenant committee to make
recommendation to the board.
Q: Can a comparison of the old and
new documents be made in order to highlight the changes being requested?
A: It can be done by Jay Taylor, but
at considerable expense. It
could possibly be done using the new Avocet Internet website.
All questions having been asked and
answered, Andrew moved to identify volunteers for the Covenants Committee.
The following volunteers surfaced:
|Chris Townsend -
The newly formed committee immediately
began to organize. Andrew Goodspeed will serve as their liaison to the Board of
The Town Hall meeting adjourned at 8:27
PM by unanimous consent.
Frank C. Boduch
Avocet Homeowners Association