THE ELIZABETH CONDOMINIUM ASSOCIATION
4601 North Park Avenue
Chevy Chase, MD 20815
Minutes of Board of Directors Meeting July 18, 2011
Board Present:
Seth Levine ..........................President
Charles Bressler ...................Vice President
Molly Frantz ........................Treasurer
Ilo-Mai Harding ...................Secretary
Judith Barth .........................Director
Alfred Muller ........................Director
Others Present:
Joe Simpson ...............Legum & Norman
James M. Santos .........ECA General Manager
Jana Bowcut ...............ECA Recording Secretary, On the Record
CALL TO ORDER
Mr. Levine called the meeting to order at 7:33 p.m.
Approval of Minutes:
MOTION Ms. Harding moved, Dr. Muller seconded, to approve the May 16, 2011, regular meeting minutes. The motion passed with one abstention by Ms. Frantz (5-0-1).
Ms. Harding stated that she is in the process of completing the June 23, 2011 minutes. She posted a short, unofficial version on the bulletin board, which she will also post for subsequent meetings.
MOTION Ms. Harding moved, Dr. Muller seconded, that the official BOD meeting minutes will only record decisions, motions, votes, and comments from the residents. The draft minutes will be edited and reviewed by the secretary, checked for accuracy by all other board members, and posted within 7-10 days after the board meeting. During the discussion, Ms. Harding explained that the minutes will be approved as part of the official record at the following BOD meeting. The motion passed unanimously (6-0-0).
President’s Report:
Mr. Levine stated that Mr. Cockburn has resigned from the BOD and the election committee will recommend new members to the BOD. Lisa Kelly will replace Scott Murdoch as the Legum and Norman Community Manager for The Elizabeth. Information about the five-year plan will be distributed soon.
Treasurer’s Report:
Ms. Frantz reported that at the end of the fiscal year the budget was exceeded by approximately $61,000 in the operating account, largely due to increases in utility costs. In the reserve account, the budget was exceeded by approximately $560,000 for a number of different projects, particularly the emergency generator and lobby decoration.
Comments from the floor:
A resident stated her opposition to the ECA taking out a loan for future projects due to interest costs. The resident recommended an assessment, with the possibility of paying back in installments. The resident also inquired why the hallways are not the first priority since there are already funds allocated, whereas window and door replacement would require an assessment. Mr. Levine stated that this is still being discussed.
A resident inquired about the replacement of resigned board members. Mr. Levine stated that according to the by-laws, it is a Board decision.
A resident commented that the BOD could list residents who can pay their loans or assessments up front, enabling the ECA to secure a smaller loan for the rest. Ms. Frantz provided a brief overview of possible financing plans and collection of fees from residents.
A resident inquired about a timeline for the window and door work. Ms. Frantz responded that it could possibly begin late fall. Mr. Santos is currently gathering information for an RFP.
A resident commented about energy rebates that are available now and should be considered.
Old Business:
1) Contractor guidelines:
MOTION Dr. Muller moved, Ms. Harding seconded, to distribute the contractor guidelines draft, as edited by legal counsel, to all owners. All comments will be due by August 8, 2011. Mr. Santos will create a cover letter and mail it out this week to all owners. The motion passed unanimously (6-0-0).
2) Five-year reserve plan approval: Ms. Frantz reviewed the plan and the impact of various financing options.
MOTION Dr. Muller moved, Ms. Harding seconded, to distribute the draft five-year plan to residents for review and comment. A cover letter will contain options for financing and outline potential costs per unit. The motion passed unanimously (6-0-0).
General Manager’s Report:
1) Mr. Santos stated that a proposal was received from the ECA’s accounting firm, DeLeon and Stang, to develop a cost basis letter. $2,000 was set as the cap for the auditor’s services. A resident stated that this type of letter is helpful for owners when selling their units.
MOTION Ms. Frantz moved, Dr. Muller seconded, to accept the DeLeon and Stang proposal. The motion passed unanimously (6-0-0)
2) Mr. Santos stated that pavers have become loose and unstable in the arcade resulting in a commercial owner’s employee falling.
MOTION: Mr. Bressler moved, Ms. Barth seconded, to repair/replace the pavers, not to exceed $3,500. The motion passed unanimously (6-0-0).
3) Mr. Santos stated that the following agreements were recently terminated:
1) Hoffheimer Security for maintenance of the office alarm system; 2) Unifirst for old uniform agreement for ECA staff. 3) Valley Crest for landscape services.
New Business:
Dr. Muller stated that the BOD had received guidance from legal counsel about how to better conduct public discussions. The BOD decided to approve the guidance. Policy approvals will be attached to the approved minutes and become an addendum for the record.
MOTION Dr. Muller moved, Ms. Barth seconded, to accept the resolution proposed by legal counsel for public discussion procedures. The motion passed unanimously (6-0-0).
Committee Reports:
* Making a Difference (MAD) reported that many residents donated to A Wider Circle and NAMI, and thanked Mr. Santos for coordinating the collection.
* The Energy Conservation Committee reminded residents to close drapes and blinds during hot weather to help conserve energy. Currently, the committee is interviewing contractors on air quality, and anticipates receiving four or five proposals in the next two weeks. These will be reviewed and recommendations made to the Board.
*Ms. Santos reported that he met with a resident to discuss restarting the ECA newsletter, hopefully by September 2011.
Adjournment:
The President adjourned the meeting at 9:27 p.m.
The initial draft of the minutes, upon which these minutes are based, was prepared by
Jana Bowcut of On the Record.
Respectfully submitted,
Ilo-Mai Harding, BOD Secretary
Friday, September 16, 2011
Tuesday, August 30, 2011
June 2011 Minutes of ECA Board Meeting
THE ELIZABETH CONDOMINIUM ASSOCIATION
4601 North Park Avenue
Chevy Chase, MD 20815
Minutes of Board of Directors Meeting June 23, 2011
Board Present:
Seth Levine ..........................President
Alfred Muller ........................Vice President
Ilo-Mai Harding ...................Secretary/Treasurer
Judith Barth ..........................Director
Charles Bressler .....................Director
M.S. Cockburn .......................Director
Molly Frantz ..........................Director
Others Present:
Chris Kiefer ...............Legum & Norman
James M. Santos ........ECA General Manager
Gail Shultie .............ECA Recording Secretary, On the Record
Jason Fisher ...........Association Attorney; Lerch, Early & Brewer
CALL TO ORDER
Mr. Levine called the meeting to order. He advised ECA members that the BOD intended to work together from now on to serve the best interest of the Elizabeth Condominium Association. He added that Scott Murdoch is no longer at Legum & Norman.
APPROVAL OF PREVIOUS MEETING MINUTES
MOTION: Dr. Muller moved, and Ms. Harding seconded, to approve the April 18, 2011, minutes as amended. The motion passed (6-1-0).
The May 16, 2011, meeting minutes were tabled to give the BOD time to review and approve at the next meeting.
PRESIDENT’S REPORT: No Report
TREASURER’S REPORT: No report
MANAGEMENT REPORT
Delinquent Accounts: Mr. Santos stated that the current delinquency total for work orders is $980.75, of which $448.25 is greater than 60 days. The residents who are more than 60 days delinquent have had their in-unit service privileges suspended.
Personal Property Tax Return: The Board President and Secretary were asked to sign the Personal Property Tax Return for 2011, which requires no payment. Mr. Santos will review the list of personal property with the association’s auditor.
Workman’s Compensation: The Workman’s Compensation policy expires July 2011. Mr. Santos recommended the John Manougian Insurance Agency that provided a quote of $7,989.00; a second quote was also presented from IWIF in the amount of $7,690.00.
MOTION: Dr. Muller motioned to accept the proposal from John Manougian Insurance Agency in the amount of $7,989.00. Ms. Frantz seconded. The motion passed by unanimous vote.
APPI: Mr. Santos requested that the Board grant Legum & Norman permission to execute a document with APPI that would give them authority to secure electricity account information to prepare a utility contract for review; there is no cost to the Association.
MOTION: Ms Frantz motioned to grant Management to forward electricity account information to APPI for purposes of preparing a bid to secure a utility contract for electricity. Dr. Cockburn seconded. The motion passed unanimously.
Contractor Construction Guidelines: Mr. Santos provided the Board with a template of building contractor guidelines for review and approval.
MOTION: Ms. Barth motioned, and Dr. Muller seconded, that a draft resolution outlining procedures for contractor work be prepared and distributed to residents for review. Motion passed (6-1-0).
Shredding of Documents: Mr. Santos recommended shredding files including daily reports and other documents generated during the self-management of the Elizabeth; critical files would be retained and archived. The contractor of choice is GRM Document Shredding from Capitol Heights, MD; the cost is $686.00 for two visits.
MOTION: Dr. Cockburn motioned. Mr. Bressler seconded. The motion passed unanimously.
Insurance Claim: Mr. Santos reported that the invoices have been paid for the waste-line backup that occurred in tier 11 affecting the 9th through 3rd floors. He recommended that a claim not be filed since the deductible is $5,000 and the invoice total was $5,253.
MOTION: Dr. Muller motioned. Ms.Barth seconded. The motion passed unanimously.
Pump Installation: Earlier in the month the Board had approved via an e-mail decision/vote, to employ Densel Company to install 2 domestic hot water re-circulating pumps in the amount of $9,326.00. The installation has been completed and the equipment is working properly.
MOTION: Ms. Frantz motioned. Mr. Bressler seconded. The motion passed by a unanimous vote.
Lobby Floor Maintenance: Mr. Santos presented the agreement with Odyssey Restoration for the Board’s review. The 2011-2012 budget allocates $10,000 for this purpose. Odyssey Restoration has quoted $10,929.96. Odyssey performs the marble floor maintenance and polishing.
MOTION: Ms. Barth motioned to approve the additional $929.26 above the approved budget, Ms. Harding seconded. The motion passed by unanimous vote.
Repairs: Ms. Frantz questioned Mr. Santos about the repairs to the two newly purchased icemakers. Mr. Santos said both icemakers have had internal parts replaced.
Ms. Frantz also asked about repairs in the women’s restroom. Mr. Santos advised that work has been scheduled.
Emergency Generator: Mr. Santos informed the BOD that management is working with an engineer for certification from contractor that the constructed masonry walls meet the 2-hour fire rating required by the fire marshal. The contractor will provide certification after inspection and review.
Fuel Tank: The fuel tank should have a low fuel sensor; this was never installed. Final payment to the contractor has not been made. Mr. Santos is working with the designated engineer to bring the contractor back to the property to complete work.
OLD BUSINESS: None
NEW BUSINESS
Rescheduling of Budget Work Session: Mr. Santos suggested that the budget work session be rescheduled. Discussion ensued about pursuing an agreement with a general contractor, in addition to the HVAC work of Mendoza Mechanical Engineering. The general contractor could offer an unbiased recommendation to the Board as to which projects to pursue and in what order. Mr. Santos was asked to obtain proposals from general contractors.
HVAC: The Mendoza Report has been given to Harkins and HBW for review and comment.
Library Sign: The Library Committee met and has requested that a small sign be allowed to indicate the location of the library.
MOTION: Ms. Barth motioned. Ms. Frantz seconded. The motion passed by unanimous vote.
Realignment of Officers: Mr. Bressler stated that in the best interest of the ECA he had abandoned his petition to seek a special election to replace the entire BOD.
Dr. Muller stated that an event in his past is brought up periodically in public meetings, although he has been repeatedly elected to serve on the BOD. Dr. Muller then announced that he was resigning as Vice-President.
MOTION: Charles Bressler was nominated as Vice President. Motion passed (5-0-2)
COMMITTEE REPORTS
Energy Committee: No Report
Landscape Committee: Plant watering continues and the committee is implementing the next phase of the master plan.
Making a Difference Committee: The committee is encouraging residents to donate clothing items. Donations will be collected in “green-colored” bins located on the G-1 garage level.
Library Committee: The committee is seeking volunteers. It meets on Wednesdays (10 a.m. -noon).
Fitness/Exercise: Recently purchased equipment will soon be delivered.
COMMENTS FROM RESIDENTS
• A new resident commended the Board for working together in harmony.
• A resident requested that the BOD communicate with residents in a timelier manner.
• An owner asked the BOD to re-evaluate the 10 percent increase in condo fees.
• An owner stated that she and other concerned owners represent the group that distributed a letter regarding the public court record of BOD member Bressler.
• A resident claimed that a 10% increase in condominium fees violates the Maryland Condominium Act.
• Legal counsel claimed that the BOD is required to send out a notice regarding a proposed budget. The Board can then meet and make made a decision to increase condo fees.
• The former president of the BOD thanked the BOD for working in the best interests of the association. She commended President Levine for his great integrity and honesty.
• A resident reminded everyone that the BOD Vice President Muller had served Friendship Heights Village for many years, and had helped make it a wonderful place to live.
• A resident encouraged civility in the running of ECA affairs.
• A resident stated that complaints to the BOD should be made in writing and the Board should acknowledge the letters of concern.
• A resident encouraged the board to be more transparent.
• A resident suggested posting short minutes on the bulletin boards a few days after BOD meetings.
• A resident stated her concern about the 10% increase in condo fees.
• A resident claimed that the BOD did not consider the membership as a whole when determining capital projects. He offered to help establish structures that might be more democratic.
• A resident stated that all previous BODs had voted unanimously for the lobby refurbishing.
• A resident commended the BOD for coming together to work in the best interests of the community.
• A resident reminded Board members that the owners have elected them; they now have obligations to the owners.
ADJOURNMENT:
Dr. Muller motioned. Ms. Harding seconded. The motion passed unanimously and the meeting was adjourned.
Secretary Date
4601 North Park Avenue
Chevy Chase, MD 20815
Minutes of Board of Directors Meeting June 23, 2011
Board Present:
Seth Levine ..........................President
Alfred Muller ........................Vice President
Ilo-Mai Harding ...................Secretary/Treasurer
Judith Barth ..........................Director
Charles Bressler .....................Director
M.S. Cockburn .......................Director
Molly Frantz ..........................Director
Others Present:
Chris Kiefer ...............Legum & Norman
James M. Santos ........ECA General Manager
Gail Shultie .............ECA Recording Secretary, On the Record
Jason Fisher ...........Association Attorney; Lerch, Early & Brewer
CALL TO ORDER
Mr. Levine called the meeting to order. He advised ECA members that the BOD intended to work together from now on to serve the best interest of the Elizabeth Condominium Association. He added that Scott Murdoch is no longer at Legum & Norman.
APPROVAL OF PREVIOUS MEETING MINUTES
MOTION: Dr. Muller moved, and Ms. Harding seconded, to approve the April 18, 2011, minutes as amended. The motion passed (6-1-0).
The May 16, 2011, meeting minutes were tabled to give the BOD time to review and approve at the next meeting.
PRESIDENT’S REPORT: No Report
TREASURER’S REPORT: No report
MANAGEMENT REPORT
Delinquent Accounts: Mr. Santos stated that the current delinquency total for work orders is $980.75, of which $448.25 is greater than 60 days. The residents who are more than 60 days delinquent have had their in-unit service privileges suspended.
Personal Property Tax Return: The Board President and Secretary were asked to sign the Personal Property Tax Return for 2011, which requires no payment. Mr. Santos will review the list of personal property with the association’s auditor.
Workman’s Compensation: The Workman’s Compensation policy expires July 2011. Mr. Santos recommended the John Manougian Insurance Agency that provided a quote of $7,989.00; a second quote was also presented from IWIF in the amount of $7,690.00.
MOTION: Dr. Muller motioned to accept the proposal from John Manougian Insurance Agency in the amount of $7,989.00. Ms. Frantz seconded. The motion passed by unanimous vote.
APPI: Mr. Santos requested that the Board grant Legum & Norman permission to execute a document with APPI that would give them authority to secure electricity account information to prepare a utility contract for review; there is no cost to the Association.
MOTION: Ms Frantz motioned to grant Management to forward electricity account information to APPI for purposes of preparing a bid to secure a utility contract for electricity. Dr. Cockburn seconded. The motion passed unanimously.
Contractor Construction Guidelines: Mr. Santos provided the Board with a template of building contractor guidelines for review and approval.
MOTION: Ms. Barth motioned, and Dr. Muller seconded, that a draft resolution outlining procedures for contractor work be prepared and distributed to residents for review. Motion passed (6-1-0).
Shredding of Documents: Mr. Santos recommended shredding files including daily reports and other documents generated during the self-management of the Elizabeth; critical files would be retained and archived. The contractor of choice is GRM Document Shredding from Capitol Heights, MD; the cost is $686.00 for two visits.
MOTION: Dr. Cockburn motioned. Mr. Bressler seconded. The motion passed unanimously.
Insurance Claim: Mr. Santos reported that the invoices have been paid for the waste-line backup that occurred in tier 11 affecting the 9th through 3rd floors. He recommended that a claim not be filed since the deductible is $5,000 and the invoice total was $5,253.
MOTION: Dr. Muller motioned. Ms.Barth seconded. The motion passed unanimously.
Pump Installation: Earlier in the month the Board had approved via an e-mail decision/vote, to employ Densel Company to install 2 domestic hot water re-circulating pumps in the amount of $9,326.00. The installation has been completed and the equipment is working properly.
MOTION: Ms. Frantz motioned. Mr. Bressler seconded. The motion passed by a unanimous vote.
Lobby Floor Maintenance: Mr. Santos presented the agreement with Odyssey Restoration for the Board’s review. The 2011-2012 budget allocates $10,000 for this purpose. Odyssey Restoration has quoted $10,929.96. Odyssey performs the marble floor maintenance and polishing.
MOTION: Ms. Barth motioned to approve the additional $929.26 above the approved budget, Ms. Harding seconded. The motion passed by unanimous vote.
Repairs: Ms. Frantz questioned Mr. Santos about the repairs to the two newly purchased icemakers. Mr. Santos said both icemakers have had internal parts replaced.
Ms. Frantz also asked about repairs in the women’s restroom. Mr. Santos advised that work has been scheduled.
Emergency Generator: Mr. Santos informed the BOD that management is working with an engineer for certification from contractor that the constructed masonry walls meet the 2-hour fire rating required by the fire marshal. The contractor will provide certification after inspection and review.
Fuel Tank: The fuel tank should have a low fuel sensor; this was never installed. Final payment to the contractor has not been made. Mr. Santos is working with the designated engineer to bring the contractor back to the property to complete work.
OLD BUSINESS: None
NEW BUSINESS
Rescheduling of Budget Work Session: Mr. Santos suggested that the budget work session be rescheduled. Discussion ensued about pursuing an agreement with a general contractor, in addition to the HVAC work of Mendoza Mechanical Engineering. The general contractor could offer an unbiased recommendation to the Board as to which projects to pursue and in what order. Mr. Santos was asked to obtain proposals from general contractors.
HVAC: The Mendoza Report has been given to Harkins and HBW for review and comment.
Library Sign: The Library Committee met and has requested that a small sign be allowed to indicate the location of the library.
MOTION: Ms. Barth motioned. Ms. Frantz seconded. The motion passed by unanimous vote.
Realignment of Officers: Mr. Bressler stated that in the best interest of the ECA he had abandoned his petition to seek a special election to replace the entire BOD.
Dr. Muller stated that an event in his past is brought up periodically in public meetings, although he has been repeatedly elected to serve on the BOD. Dr. Muller then announced that he was resigning as Vice-President.
MOTION: Charles Bressler was nominated as Vice President. Motion passed (5-0-2)
COMMITTEE REPORTS
Energy Committee: No Report
Landscape Committee: Plant watering continues and the committee is implementing the next phase of the master plan.
Making a Difference Committee: The committee is encouraging residents to donate clothing items. Donations will be collected in “green-colored” bins located on the G-1 garage level.
Library Committee: The committee is seeking volunteers. It meets on Wednesdays (10 a.m. -noon).
Fitness/Exercise: Recently purchased equipment will soon be delivered.
COMMENTS FROM RESIDENTS
• A new resident commended the Board for working together in harmony.
• A resident requested that the BOD communicate with residents in a timelier manner.
• An owner asked the BOD to re-evaluate the 10 percent increase in condo fees.
• An owner stated that she and other concerned owners represent the group that distributed a letter regarding the public court record of BOD member Bressler.
• A resident claimed that a 10% increase in condominium fees violates the Maryland Condominium Act.
• Legal counsel claimed that the BOD is required to send out a notice regarding a proposed budget. The Board can then meet and make made a decision to increase condo fees.
• The former president of the BOD thanked the BOD for working in the best interests of the association. She commended President Levine for his great integrity and honesty.
• A resident reminded everyone that the BOD Vice President Muller had served Friendship Heights Village for many years, and had helped make it a wonderful place to live.
• A resident encouraged civility in the running of ECA affairs.
• A resident stated that complaints to the BOD should be made in writing and the Board should acknowledge the letters of concern.
• A resident encouraged the board to be more transparent.
• A resident suggested posting short minutes on the bulletin boards a few days after BOD meetings.
• A resident stated her concern about the 10% increase in condo fees.
• A resident claimed that the BOD did not consider the membership as a whole when determining capital projects. He offered to help establish structures that might be more democratic.
• A resident stated that all previous BODs had voted unanimously for the lobby refurbishing.
• A resident commended the BOD for coming together to work in the best interests of the community.
• A resident reminded Board members that the owners have elected them; they now have obligations to the owners.
ADJOURNMENT:
Dr. Muller motioned. Ms. Harding seconded. The motion passed unanimously and the meeting was adjourned.
Secretary Date
Thursday, August 18, 2011
Summary of ECA Meeting August 15, 2011
Present at the meeting: Charles Bressler, Judi Barth, Molly Frantz, Ilo-Mai Harding, Alfred Muller, Lisa Kelly, Jim Santos, Recording Secretary.
Absent: Seth Levine
President’s Report:
Charles Bressler ran the meeting and there was no report from president Seth Levine. Lisa Kelly from Legum & Norman replaces Scott Murdoch as community manager.
Minutes: The June and July minutes were discussed for 30 minutes. (I hope to see the corrected minutes soon.)
Treasurer’s Report:
While there was no treasurer’s report, Ms. Frantz stated that the delinquent owner’s property went to auction and it would be determined if any of the $36,000 plus owed to the ECA would be forthcoming.
New BOD Resignation: Molly Frantz resigned from her position on the ECA Board of Directors.
Comments from the Floor taken before House Manager’s Report and Old & New Business discussed
--Request to forego a new annual contract with our current website provider in order to get a system that provides for tracking packages and is more user friendly.
--Concerns were raised about contractor guidelines that deal with unit owners hiring contractors.
--Discussion about hiring expert help to prioritize the major projects.
MOTION: BOD will invite Ted Ariav to work with House Manager Jim Santos to get the appropriate expert help. CLARIFICATION (per Sharon Bobb): Appoint Ted Ariev as a consultant to the Board. His first order of business would be to work closely with Jim Santos to develop an RFP and Statement of Work for this comprehensive integrated study and design. Ted would follow this through the bidding, execution, etc.
House Manager’s Report:
Renewal of website provider tabled to allow time to get more info on a different provider.
Old Business:
Fitness Equipment: brand new equipment on its way but there has to be some service by Verizon to complete installation. There will be training sessions at some future date.
New Business:
Delinquency Notice Letters: Ms. Frantz suggest passing back the cost associated with delinquency notices to the delinquent owners. In a year’s time these costs can accrue to as much as $10,000. (Each letter costs $9 for legal prep.)
Committee Reports:
Landscape: Still working on getting signs to deter dog owners from allowing their pets to enter and mess up garden beds.
NOTE: In executive session the BOD selected Alexandra Kielty to fill the vacancy left by Dr. Manuel Cockburn.
Absent: Seth Levine
President’s Report:
Charles Bressler ran the meeting and there was no report from president Seth Levine. Lisa Kelly from Legum & Norman replaces Scott Murdoch as community manager.
Minutes: The June and July minutes were discussed for 30 minutes. (I hope to see the corrected minutes soon.)
Treasurer’s Report:
While there was no treasurer’s report, Ms. Frantz stated that the delinquent owner’s property went to auction and it would be determined if any of the $36,000 plus owed to the ECA would be forthcoming.
New BOD Resignation: Molly Frantz resigned from her position on the ECA Board of Directors.
Comments from the Floor taken before House Manager’s Report and Old & New Business discussed
--Request to forego a new annual contract with our current website provider in order to get a system that provides for tracking packages and is more user friendly.
--Concerns were raised about contractor guidelines that deal with unit owners hiring contractors.
--Discussion about hiring expert help to prioritize the major projects.
MOTION: BOD will invite Ted Ariav to work with House Manager Jim Santos to get the appropriate expert help. CLARIFICATION (per Sharon Bobb): Appoint Ted Ariev as a consultant to the Board. His first order of business would be to work closely with Jim Santos to develop an RFP and Statement of Work for this comprehensive integrated study and design. Ted would follow this through the bidding, execution, etc.
House Manager’s Report:
Renewal of website provider tabled to allow time to get more info on a different provider.
Old Business:
Fitness Equipment: brand new equipment on its way but there has to be some service by Verizon to complete installation. There will be training sessions at some future date.
New Business:
Delinquency Notice Letters: Ms. Frantz suggest passing back the cost associated with delinquency notices to the delinquent owners. In a year’s time these costs can accrue to as much as $10,000. (Each letter costs $9 for legal prep.)
Committee Reports:
Landscape: Still working on getting signs to deter dog owners from allowing their pets to enter and mess up garden beds.
NOTE: In executive session the BOD selected Alexandra Kielty to fill the vacancy left by Dr. Manuel Cockburn.
Tuesday, August 16, 2011
Resignation of BOD Treasurer
August 15, 2011
To: Seth Levine
President, Elizabeth Condominium
Subject: Resignation from Elizabeth Board of Directors
I have served on the Elizabeth Condominium Board for the past 15½ months. Having served on the previous board I thought I knew what to expect, but nothing prepared me for the increasingly dysfunctional environment that is the hallmark of this current Board.
It is quite telling that there have been three sets of officers and one resignation within the first 50 days of this Board’s existence. I had hoped all that was behind the Board, when, at the June 23rd meeting, you “advised the ECA members that the BOD intended to work together from now on to serve the best interest of the Elizabeth Condominium Association.” (Draft minutes for the June 23, 2011 Board meeting).
Unfortunately this has not happened. Although it isn’t necessary that we like each other, it is critical that we treat each other with respect and civility. The lack of objectivity, professionalism, and transparency that I have encountered and that has been observed and commented on by the Elizabeth owners does not serve those we represent in the manner they expect and deserve. Instead of focusing on and working towards what best serves the Elizabeth, I experience a Board that is replete with personal ill-will, petulance behavior, hidden agendas, and a penchant for taking offense at the slightest opportunity.
The personal toll of working in such a dysfunctional environment has been enormous. So much so that continuing to serve on the Elizabeth Board is now untenable. Accordingly, I am submitting my resignation from the Board of Directors of the Elizabeth Condominium Association effective at the close of tonight’s public Board meeting, Monday, August 15, 2011.
Molly M. Frantz
Treasurer,
Elizabeth Condominium Association
To: Seth Levine
President, Elizabeth Condominium
Subject: Resignation from Elizabeth Board of Directors
I have served on the Elizabeth Condominium Board for the past 15½ months. Having served on the previous board I thought I knew what to expect, but nothing prepared me for the increasingly dysfunctional environment that is the hallmark of this current Board.
It is quite telling that there have been three sets of officers and one resignation within the first 50 days of this Board’s existence. I had hoped all that was behind the Board, when, at the June 23rd meeting, you “advised the ECA members that the BOD intended to work together from now on to serve the best interest of the Elizabeth Condominium Association.” (Draft minutes for the June 23, 2011 Board meeting).
Unfortunately this has not happened. Although it isn’t necessary that we like each other, it is critical that we treat each other with respect and civility. The lack of objectivity, professionalism, and transparency that I have encountered and that has been observed and commented on by the Elizabeth owners does not serve those we represent in the manner they expect and deserve. Instead of focusing on and working towards what best serves the Elizabeth, I experience a Board that is replete with personal ill-will, petulance behavior, hidden agendas, and a penchant for taking offense at the slightest opportunity.
The personal toll of working in such a dysfunctional environment has been enormous. So much so that continuing to serve on the Elizabeth Board is now untenable. Accordingly, I am submitting my resignation from the Board of Directors of the Elizabeth Condominium Association effective at the close of tonight’s public Board meeting, Monday, August 15, 2011.
Molly M. Frantz
Treasurer,
Elizabeth Condominium Association
Wednesday, August 10, 2011
Emails to ECA Board on Need for Expert Advice
The following separate email messages are from Peg Downey and Linda Kontnier to the ECA Board of Directors urging them to seek expert advice in prioritizing the major renovation projects.
#1
From: Margaret Downey
Date: August 10, 2011 1:19:31 PM EDT
To: sgl@greatoaktitle.com, Charles Bressler, Ilomai Harding , Molly Frantz , Al Muller , Judith Barth
Subject: Request for integrated engineering report
With The Elizabeth Board facing extremely important financial decisions, I feel strongly that it is incumbent on the Board and its members--none of whom has an engineering background--to make these decisions with unbiased but knowledgeable analysis of the many interdependent underlying issues of which the Board (because they are not engineers) cannot possibly be completely aware.
I am reminded of the nursery tale "For want of a nail the shoe was lost, for want of a shoe the horse was lost, for want of a horse the soldier was lost, for want of a soldier the battle was lost, for want of a battle the war was lost...all for the loss of a nail!"
I am also not an engineer. I bring to this discussion my background as a nationally known financial advisor with over 30 years experience, a past Chair of the National Association of Personal Financial Advisors, and a Worth magazine "top financial advisor" for numerous years. My expertise has always been in the comprehensive nature of planning--that anything you do has many ramifications that are overlooked at your peril. I see a very precise parallel with the Board's current questions.
Perhaps even more relevantly. I also experienced the reality of the "for want of a nail the battle was lost" syndrome when I redid my condos in The Elizabeth. Walls had to be redone because of electrical issues, plumbing challenges impacted structural decisions, infrastructure dictated design decisions. And the best solutions ALWAYS involved having an overall vision and a plan for addressing ramifications of choices in ALL areas before any one action was taken.
I urge the Board to take the same approach. It is a fiduciary obligation of each individual Board member to spend the Association's money in the best interests of The Elizabeth, with professional guidance and a commitment to a full understanding of the interlocking ramifications of any structural changes/improvements/repairs.
PLEASE:
* Obtain an integrated engineering report (not individual studies) that, after a thorough inspection of the building, establishes priorities and a plan of action, and
* Use that information (rather than personal preferences) to make these highly important decisions.
I make this request with all support for you and the difficult challenges you are facing, but also with a reminder that you are acting as fiduciaries with a legal obligation to all Elizabeth residents. Let's be sure to attend to all "nails" before we proceed into battle.
Sincerely,
Peg Downey
#614 & #615
#2
Thursday, August 11, 2011
To ECA board members -
I wish to be on record in expressing my endorsement of the thoughtful arguments put forth individually by Ilo-mai Harding, Sharon Bobb, and Peg Downey on the critical need for and value of pursuing an integrated engineering inspection/study, design, with recommendations concerning sequencing and priorities.
Linda Kontnier
# 919
#1
From: Margaret Downey
Date: August 10, 2011 1:19:31 PM EDT
To: sgl@greatoaktitle.com, Charles Bressler
Subject: Request for integrated engineering report
With The Elizabeth Board facing extremely important financial decisions, I feel strongly that it is incumbent on the Board and its members--none of whom has an engineering background--to make these decisions with unbiased but knowledgeable analysis of the many interdependent underlying issues of which the Board (because they are not engineers) cannot possibly be completely aware.
I am reminded of the nursery tale "For want of a nail the shoe was lost, for want of a shoe the horse was lost, for want of a horse the soldier was lost, for want of a soldier the battle was lost, for want of a battle the war was lost...all for the loss of a nail!"
I am also not an engineer. I bring to this discussion my background as a nationally known financial advisor with over 30 years experience, a past Chair of the National Association of Personal Financial Advisors, and a Worth magazine "top financial advisor" for numerous years. My expertise has always been in the comprehensive nature of planning--that anything you do has many ramifications that are overlooked at your peril. I see a very precise parallel with the Board's current questions.
Perhaps even more relevantly. I also experienced the reality of the "for want of a nail the battle was lost" syndrome when I redid my condos in The Elizabeth. Walls had to be redone because of electrical issues, plumbing challenges impacted structural decisions, infrastructure dictated design decisions. And the best solutions ALWAYS involved having an overall vision and a plan for addressing ramifications of choices in ALL areas before any one action was taken.
I urge the Board to take the same approach. It is a fiduciary obligation of each individual Board member to spend the Association's money in the best interests of The Elizabeth, with professional guidance and a commitment to a full understanding of the interlocking ramifications of any structural changes/improvements/repairs.
PLEASE:
* Obtain an integrated engineering report (not individual studies) that, after a thorough inspection of the building, establishes priorities and a plan of action, and
* Use that information (rather than personal preferences) to make these highly important decisions.
I make this request with all support for you and the difficult challenges you are facing, but also with a reminder that you are acting as fiduciaries with a legal obligation to all Elizabeth residents. Let's be sure to attend to all "nails" before we proceed into battle.
Sincerely,
Peg Downey
#614 & #615
#2
Thursday, August 11, 2011
To ECA board members -
I wish to be on record in expressing my endorsement of the thoughtful arguments put forth individually by Ilo-mai Harding, Sharon Bobb, and Peg Downey on the critical need for and value of pursuing an integrated engineering inspection/study, design, with recommendations concerning sequencing and priorities.
Linda Kontnier
# 919
Letter to ECA Board on Need for Expert Advice
This letter from Sharon Bobb was sent to the ECA Board after the August 8, 2011 informal meeting of Board members and residents. It addresses the need for getting expert advice to prioritize our big projects before money is spent without a good strategic plan.
Last night at the informal meeting, Ms. Harding made available letters from Harkins Builders and from an internationally recognized Professional Engineer, Les Hunkele. Harkins noted that in order for the Board to make the most informed choices about the design and phasing of the facility upgrades, six engineering and architectural disciplines, at a minimum, in addition to a Construction Manager, should be involved as early as possible.
Mr. Hunkele, after careful review of the Harkins letter, explained that these disciplines are necessary to thoroughly inspect the building, develop integrated designs, and establish priorities in order for the work to be sequenced and accomplished in a cost-effective manner.
Mr. Hunkele strongly recommended that the Board invest in hiring a reputable Engineering/Architectural firm experienced in condominiums to complete a thorough inspection and study. This would be followed by an integrated design with a recommendation for priorities based on a thorough knowledge of the building and their professional experience. He urged that this be an integrated effort and made clear that anything short of that would be “throwing money away in large chunks” and “might be considered of questionable due diligence.” Moreover, Mr. Hunkele emphasized that “…attempting a program (a series of interrelated projects) of this magnitude without a detailed study and design that integrates all aspects of the program is foolish and potentially actionable by the condominium owners whom the Board represents.”
Ted Ariev, an owner for more than 25 years, and an architect and construction executive, has repeatedly called for a comprehensive overall integrated study of capital improvements needed for this building, exactly as Mr. Hunkele is recommending. We now have two professional engineers, both internationally recognized, who are strongly recommending the same thing. In the face of this professional advice, I find it unconceivable that the Board would continue to pursue the award of separate contracts for the study and design of an HVAC system, new windows and balcony doors, the swimming pool, and other items – at what total cost to the Association?
I find it equally astounding and bewildering that the Board would announce today – in the face of strong professional advice to the contrary - that it has already selected the three top priority projects and is pursuing a financing plan! I object in the strongest terms possible to my money being thrown away on any more piecemeal contracts.
The Board has a history of being “penny-wise and pound foolish.” I can no longer simply stand by and watch the Board do it yet again, at a time when we now have a building that has been neglected for decades and we are facing upwards of $8 million worth of necessary capital improvements. Further, I object to hearing Board members say that we cannot get the By-Laws revised.
We have amended the By Laws before, and as I understand, we can do it again. Revising the By-Laws would not only bring us into conformance with the Maryland Condominium Act, but would also give the Board the flexibility to provide adequate funding of all our capital improvements, including achieving an upgrade of the entire HVAC system. My understanding is that our attorney, Jason Fisher, has told the Board quite clearly that he has successfully revised By Laws for other condominium clients and that he could easily do so for us.
However, that information has not been shared with the owners. Is this the transparency the Board promised to provide? No – all the owners hear are Board members who ignore this important fact, even claiming that “we cannot change the By Laws, we will never get the votes.” By denying this important step, and hiding behind this misinformation, Board members who are against an integrated effort can pursue the $8 million worth of capital improvements piecemeal rather than handling them in the integrated fashion as two outstanding professionals have urged. This is disingenuous. Well, we have changed the By Laws before, and with Jason we can do so again. In good faith, the Board should immediately direct Jason to pursue amending the By Laws.
Therefore, I urge the Board to:
Stop any action to pursue individual contracts for any capital improvement requirement, including any that concern the HVAC study and design, new windows and balcony doors, the swimming pool and any and all other individual contracts that the Board is considering.
Enlist the advice and guidance of Ted Ariev to work closely with Jim Santos to develop an RFP and Statement of Work for an overall integrated study and design with recommendations for priorities as both Mr. Hunkele and Mr. Ariev have so strongly recommended.
Engage Jason Fisher immediately to take the necessary steps to revise the By Laws to bring us into conformance with the Maryland Condominium Act, and to give the Association the flexibility to pursue all the capital improvements in an integrated fashion as discussed above and to fund them appropriately.
I look forward to your favorable consideration of these important recommendations. It is time to do the right thing the right way!
Sharon Bobb
Last night at the informal meeting, Ms. Harding made available letters from Harkins Builders and from an internationally recognized Professional Engineer, Les Hunkele. Harkins noted that in order for the Board to make the most informed choices about the design and phasing of the facility upgrades, six engineering and architectural disciplines, at a minimum, in addition to a Construction Manager, should be involved as early as possible.
Mr. Hunkele, after careful review of the Harkins letter, explained that these disciplines are necessary to thoroughly inspect the building, develop integrated designs, and establish priorities in order for the work to be sequenced and accomplished in a cost-effective manner.
Mr. Hunkele strongly recommended that the Board invest in hiring a reputable Engineering/Architectural firm experienced in condominiums to complete a thorough inspection and study. This would be followed by an integrated design with a recommendation for priorities based on a thorough knowledge of the building and their professional experience. He urged that this be an integrated effort and made clear that anything short of that would be “throwing money away in large chunks” and “might be considered of questionable due diligence.” Moreover, Mr. Hunkele emphasized that “…attempting a program (a series of interrelated projects) of this magnitude without a detailed study and design that integrates all aspects of the program is foolish and potentially actionable by the condominium owners whom the Board represents.”
Ted Ariev, an owner for more than 25 years, and an architect and construction executive, has repeatedly called for a comprehensive overall integrated study of capital improvements needed for this building, exactly as Mr. Hunkele is recommending. We now have two professional engineers, both internationally recognized, who are strongly recommending the same thing. In the face of this professional advice, I find it unconceivable that the Board would continue to pursue the award of separate contracts for the study and design of an HVAC system, new windows and balcony doors, the swimming pool, and other items – at what total cost to the Association?
I find it equally astounding and bewildering that the Board would announce today – in the face of strong professional advice to the contrary - that it has already selected the three top priority projects and is pursuing a financing plan! I object in the strongest terms possible to my money being thrown away on any more piecemeal contracts.
The Board has a history of being “penny-wise and pound foolish.” I can no longer simply stand by and watch the Board do it yet again, at a time when we now have a building that has been neglected for decades and we are facing upwards of $8 million worth of necessary capital improvements. Further, I object to hearing Board members say that we cannot get the By-Laws revised.
We have amended the By Laws before, and as I understand, we can do it again. Revising the By-Laws would not only bring us into conformance with the Maryland Condominium Act, but would also give the Board the flexibility to provide adequate funding of all our capital improvements, including achieving an upgrade of the entire HVAC system. My understanding is that our attorney, Jason Fisher, has told the Board quite clearly that he has successfully revised By Laws for other condominium clients and that he could easily do so for us.
However, that information has not been shared with the owners. Is this the transparency the Board promised to provide? No – all the owners hear are Board members who ignore this important fact, even claiming that “we cannot change the By Laws, we will never get the votes.” By denying this important step, and hiding behind this misinformation, Board members who are against an integrated effort can pursue the $8 million worth of capital improvements piecemeal rather than handling them in the integrated fashion as two outstanding professionals have urged. This is disingenuous. Well, we have changed the By Laws before, and with Jason we can do so again. In good faith, the Board should immediately direct Jason to pursue amending the By Laws.
Therefore, I urge the Board to:
Stop any action to pursue individual contracts for any capital improvement requirement, including any that concern the HVAC study and design, new windows and balcony doors, the swimming pool and any and all other individual contracts that the Board is considering.
Enlist the advice and guidance of Ted Ariev to work closely with Jim Santos to develop an RFP and Statement of Work for an overall integrated study and design with recommendations for priorities as both Mr. Hunkele and Mr. Ariev have so strongly recommended.
Engage Jason Fisher immediately to take the necessary steps to revise the By Laws to bring us into conformance with the Maryland Condominium Act, and to give the Association the flexibility to pursue all the capital improvements in an integrated fashion as discussed above and to fund them appropriately.
I look forward to your favorable consideration of these important recommendations. It is time to do the right thing the right way!
Sharon Bobb
Notes from August 7 2011 "Fireside" Chat with ECA Board
Over 30 people attended the informal gathering led by Al Muller in the party room. Charles Bressler, Molly Frantz, and Ilo-Mai Harding also attended.
Some of the topics that were discussed included:
Employment of contractors by unit owners: this was a lengthy discussion. Among the many concerns raised was contractors working on weekends when there is no house manager to address problems that might arise including noise and use of the elevators.
Financing windows/balcony door replacement: According to Al Muller there are only three choices—an assessment, loan, or put off the project for four years until the reserves are built up to handle the expense. The do-nothing now option also involves raising the condo fees by 5% each of those four years. Attendees indicated by a show of hands that they would rather pay an assessment.
Need to hire an expert to prioritize major projects: Ilo-Mai Harding brought two handouts that indicate that our Mendoza report is not sufficient to prioritize the major projects in the ECA. One handout was a letter written to Jim Santos from Harkins Builders, a general contractor from Marriottsville, MD. The letter prioritizes various projects starting first with repair of the garage concrete on the G-1 level followed by replacement of windows. Ten projects are listed with the 9th project listed being balcony & exterior veneer repairs. Number four on the list was the replacement of mechanical systems which I take to mean the HVAC-McQuay project. The letter concludes by saying:
“In order for the board of directors to make the most informed choices about the design and phasing of the facility upgrades, the following disciplines (at minimum), in addition to a Construction Manager should be involved as early in the process as possible:”
The list includes: a structural engineer, an industrial hygienist, an architect/interior designer, a mechanical systems engineer, an energy consultant, and special lighting consultant.
The second handout was a memo from Lester Hunkele professional licensed engineer with numerous certifications (PE, CCM, LEED AP, F, CMAA) to the ECA Board giving his opinion on how to accomplish the daunting list of projects we are faced with. Ms. Harding requested his opinion. This engineer reviewed the Harkins letter and found a number of faults with it but said absolutely the replacement of Garage concrete at G-1 was rightly prioritized as number but he threw into doubt about whether window replacement should be number 2 over the HVAC project. He recommends that we again hire an Engineering/Architect firm to thoroughly study and recommend the order of undertaking our projects.
According to Sharon Bobb, Ted Ariav spoke to Mendoza and Mendoza said he did not do the level of detail suggested by Mr. Hunkele because the Board at that time did not ask for this level of detail.
It sounds like the logical thing to do is to hire Mendoza again, since he is familiar with our issues and already has done extensive work, so that he can provide the guidance needed.
Building security & the locked party room doors: This issue was raised at the last informal meeting of Board members with residents. Our house manager said there would be an unmonitored security risk if there was easy access through the party room doors to the patio. It isn’t that hard to get to the patio from the street. The cost for putting fob access was in the neighborhood of $2500.
Mail & package deliver problems: We continue to have problems getting our mail and packages. I suggested that if the current website is up for renewal, it is now time to look into a better service that allow for package recordation and notification by email and by paper notice. The package system recently purchased is not working.
Board performance: The Board is taking to heart that they need better skills and are looking into suggestions from the house manager for training.
If you attended the meeting and feel something else important was left out, by all means, let me know. Also I assume you can get the handouts distributed in this meeting at the management office.
Some of the topics that were discussed included:
Employment of contractors by unit owners: this was a lengthy discussion. Among the many concerns raised was contractors working on weekends when there is no house manager to address problems that might arise including noise and use of the elevators.
Financing windows/balcony door replacement: According to Al Muller there are only three choices—an assessment, loan, or put off the project for four years until the reserves are built up to handle the expense. The do-nothing now option also involves raising the condo fees by 5% each of those four years. Attendees indicated by a show of hands that they would rather pay an assessment.
Need to hire an expert to prioritize major projects: Ilo-Mai Harding brought two handouts that indicate that our Mendoza report is not sufficient to prioritize the major projects in the ECA. One handout was a letter written to Jim Santos from Harkins Builders, a general contractor from Marriottsville, MD. The letter prioritizes various projects starting first with repair of the garage concrete on the G-1 level followed by replacement of windows. Ten projects are listed with the 9th project listed being balcony & exterior veneer repairs. Number four on the list was the replacement of mechanical systems which I take to mean the HVAC-McQuay project. The letter concludes by saying:
“In order for the board of directors to make the most informed choices about the design and phasing of the facility upgrades, the following disciplines (at minimum), in addition to a Construction Manager should be involved as early in the process as possible:”
The list includes: a structural engineer, an industrial hygienist, an architect/interior designer, a mechanical systems engineer, an energy consultant, and special lighting consultant.
The second handout was a memo from Lester Hunkele professional licensed engineer with numerous certifications (PE, CCM, LEED AP, F, CMAA) to the ECA Board giving his opinion on how to accomplish the daunting list of projects we are faced with. Ms. Harding requested his opinion. This engineer reviewed the Harkins letter and found a number of faults with it but said absolutely the replacement of Garage concrete at G-1 was rightly prioritized as number but he threw into doubt about whether window replacement should be number 2 over the HVAC project. He recommends that we again hire an Engineering/Architect firm to thoroughly study and recommend the order of undertaking our projects.
According to Sharon Bobb, Ted Ariav spoke to Mendoza and Mendoza said he did not do the level of detail suggested by Mr. Hunkele because the Board at that time did not ask for this level of detail.
It sounds like the logical thing to do is to hire Mendoza again, since he is familiar with our issues and already has done extensive work, so that he can provide the guidance needed.
Building security & the locked party room doors: This issue was raised at the last informal meeting of Board members with residents. Our house manager said there would be an unmonitored security risk if there was easy access through the party room doors to the patio. It isn’t that hard to get to the patio from the street. The cost for putting fob access was in the neighborhood of $2500.
Mail & package deliver problems: We continue to have problems getting our mail and packages. I suggested that if the current website is up for renewal, it is now time to look into a better service that allow for package recordation and notification by email and by paper notice. The package system recently purchased is not working.
Board performance: The Board is taking to heart that they need better skills and are looking into suggestions from the house manager for training.
If you attended the meeting and feel something else important was left out, by all means, let me know. Also I assume you can get the handouts distributed in this meeting at the management office.