Sunday, March 24, 2013

ECA Board Minutes Feb 26 2013


THE ELIZABETH CONDOMINIUM ASSOCIATION
4601 North Park Avenue
Chevy Chase, MD 20815

Minutes of Board of Directors Meeting   February 26, 2013

Board Present:
Ted Ariev                        President
David Robinson..............Vice-President
John McNerney ............  Treasurer
Herman Stekler .............  Asst. Treasurer..................
Ilo-Mai Harding...............Secretary
Steven Schattman ............Director

Board Absent:
Charles Bressler                Director

Others Present:
Robert Craig ..........     Regional Director, Legum & Norman
Gregory Roby ..........   Senior Vice President, Legum & Norman
James M. Santos .........ECA General Manager, Legum & Norman
Jana Bowcut ...............ECA Recording Secretary, On the Record


On January 22, 2013, in accordance with Section 11.109.1 of the Maryland Condominium Act, the Board met in executive session to conduct personnel and legal issues.

Call to Order:  Mr. Ariev called the meeting to order at 7:37 p.m.

Approval of Meeting Minutes:
MOTION        Mr. Schattman moved, Dr. Robinson seconded that the amended minutes of the meeting of the Board of Directors on January 22, 2013 be approved.  The motion passed unanimously (6-0-0).  

President’s Report:
Mr. Ariev reported that the fire protection agreement was signed by the Board secretary and Mr. Ariev, and has been sent back to the County for the Fire Marshall’s signature.

 In this Board  meeting, approval will be sought for the first of six upcoming renovation packages in progress, which is approval of the replacement of roof ventilators and cleaning of main exhaust ducts. Two additional packages are due in the next week, the chillers and pumps, and then the remaining three will be due over the next six weeks. A pre-bid meeting will be held for the roof anchor system on March 5, and then bids will be accepted on March 19.

The Board is working on the best way to convey work progress to residents. A status report chart will be displayed on an easel in the lobby. The Board encourages residents to provide feedback regarding the amount of information being provided. All projects are to be done over the next 10 years, with the active ones highlighted on the chart.  

The candidate search continues in light of the Annual Meeting to be held on May 1. In mid-March management will send out a statement seeking candidates for the board. 

Treasurer’s Report: The following report was provided by Mr. McNerney:

The amounts included herein are rounded to the nearest $1,000.

As of 31 January, the Association had $3,008,000 in cash and investments, a decrease of $92,000 from the prior month.

The Replacement Reserve Fund at the end of January was $2,635,000, an increase of $29,000 from the prior month.

Expenditures from the Reserve Fund in January totaled $97,000. The amount expended from that Fund so far this fiscal year is $219,000.

Delinquencies through the end of January were $63,000, an increase of $7,000 from the prior month. Five accounts are in collection, including one that is in bankruptcy.

Copies of the Balance Sheet and Statement of Income and Expenses as of 31 January will be available at the front desk.

Management has prepared a draft operating budget for fiscal year 2014, which begins on 1 July this year. The finance committee is reviewing it, and is making adjustments as it deems necessary. There will be a board work session on that draft budget on 12 March. All owners and residents of the Elizabeth are invited to attend.

As the operating budget is finalized, the finance committee, with management assistance, will finish preparing the capital budget for next year. That details the projected expenditure from the Reserve Fund for Fiscal 2014.

The Association will begin bank borrowing this summer to pay for the Maintenance, Repair and Replacement program. Interest on the loan will be at an approximate 4% interest rate.

A survey will be distributed to all owners to determine the level of interest in participating in financing part of the cost of this program, with the goal of reducing overall interest costs. Copies of that survey are available at the management office.

Respectfully submitted:
John C. McNerney
Treasurer

Special Report: Dr. Robinson introduced Ken Kosteva, from Wiss, Janney, Elstner Associates to discuss exterior remedial work including sliding door and window replacement.

Mr. Kosteva stated that there are three remediation projects proposed on the building envelope:

1)    Roof anchor installation: these anchors would allow workers to safely access the outside of the building for window washing and repairs. The anchors are made of stainless steel and installed into the structural slab. This work has been communicated to 4 prospective bidders. Installation will be about a three month process.

2)    Balcony slabs remediation: This work is to correct negatively-sloped balconies, and to extend the life span of existing concrete. A urethane pedestrian grade membrane will be installed on top of the concrete. This is typically fairly invasive work in since it involves scouring the concrete. This was completed last week in Unit 1812. This work should start in late 2013 and into 2014. This will be done in unison with the window and door replacement program since the new concrete work interfaces with the threshold of the balcony doors.

3)    Window and door replacement: the building’s doors and windows are original, meaning they are about 40 years old. Some windows have leaks and internal seals have deteriorated. All windows and doors will be replaced with modern, thermally-improved systems and complete rough
opening detailing to address air and water intrusion and condensation on interior surfaces. This work will begin in late 2013 and will proceed through 2014-15.

The floor was then opened for questions:
-How long will each unit be affected? This is dependent on the number of windows and doors of each unit.

-How will this effect interior design modifications? This not yet known. There will be an increase in the glazing area, which will change the appearance in the unit, and there will be drywall work needed. Wallpaper will need to be cut back, and then hopefully the finishes can be done to that point. Mr. Stekler requested that options other than floor to ceiling windows are included in the projections.

-Will the windows be larger or smaller? This has not yet been answered.

-Will this be done by floor/tier? This is unknown until a contractor is selected. The most economical way is typically working vertically, by tiers.

-Will the windows be replaced from the exterior or interior or both? Both--This is why the roof anchors are needed in order to have exterior access.  

-Will everyone who has a balcony have the repair to the membrane? Yes—the hope is that the membrane will extend the life of the balcony. Every balcony will be inspected for needed repairs. 

-How will weather conditions affect the work? Replacement can occur in only good to moderately inclement weather. Contractors will only remove windows on days when they can put something back in.

-Will the glaze be heavier than what is there now? No--the double pane glass weighs less than brick.

-How many windows are in the building? Around 800.

-There is a metal panel under the windows—what will go there? This is not yet known.  

-Will scaffolding be up the whole time? Yes—in discrete locations over a 12 month period.

-Is there insurance protection for damage done in units? The Condominium Association has bonding from an insurance company and will have a certificate of insurance.

-What are the costs of the three projects? Mr. Ariev stated that these will be posted on the board in the lobby after the meeting.  

-Is asbestos abatement included in the costs? Yes- Asbestos is incredibly well understood and provisions are explicitly outlined by the EPA. Affected areas will be sealed off completely from the units.  

-Will balcony ceiling repairs be part of the project? Yes.

-Have there been noticeable improvements in Unit 1812 after the work was completed? It is difficult to tell since the work was done only within the last week.  

-How high is the lip for the balcony door? When the concrete repairs are made, the threshold may need to be adjusted slightly. It will be made shorter if possible.  

-Can residents select the type of finish/color they would like on the inside of the windows and doors, even if they have to pay extra? No. From a construction standpoint it is not practical to have each owner select colors.

-Hardware will of course need to be removed for the work—will it then be replaced? Any existing treatments will be removed as part of the project, but the contractor will not take on that liability. An independent party hired by the Board will be needed. This cost is accounted for as part of the interior dry wall repairs.  

-How does this relate to the timing of the McQuay units? Mr. Ariev stated that if any resident requires a new unit now, Mr. Santos has the manufacturer and model number for a new unit. He can recommend contractors to get a competitive price. There is not currently a group rate. 

Management Report:
Mr. Craig reported that Associa underwent another software conversion to handle accounting. There is a new electronic bill pay system that will be on line in the next couple of months. 

Mr. Santos reported on the following:

a)     In reference to the grievance recorded with the Public Service Commission regarding Washington Gas, a new meter was replaced with Mendoza supervising the testing process. Mr. Santos is now working on the administrative piece about the billing of gas consumption.

b)     The report from Sandler Occupational Medicine Assoc. (SOMA) was received and no adverse conditions affect the habitability of unit 1812.

c)     The audit report will be coming to board members in the next week.

d)     Once the weather improves, carpet replacement in the arcade can begin. The work will be done in the evening hours so as not to affect businesses.  

e)     The package tracking system has been upgraded, which emails residents automatically when their package is scanned into the database.  

f)     The elevator work on the west side has been completed, but the inspection will not occur until next week. The east elevator will be out of commission starting tomorrow and there may be work noise on Thursday, Friday, Monday and Tuesday. Ms. Powell has sent out a memo to advise residents.

Committee Reports:
Storage Issues: Jim Jones reported that he has surveyed the storage areas in the Elizabeth, which are very disorganized. There are items that belong to people who no longer live in the building or are deceased, and some items are there in violation of the house rules. A recommendation has been made to management for addressing this.

Social Committee: The Food Fest held on Feb. 17th was a success. The committee appreciated everyone who contributed dishes and attended.  

Making a Difference: The new committee chair is Marge McNerney. On March 12 a professional clothing drive will be held with donations going to A Wider Circle. Donation tables will be set up in both elevator lobbies. Interfaith Works will pick up household items, and any breakable items should be wrapped carefully in newspapers. Residents should consider donating items in storage.  

New Business:
Architectural Control Committee: Mr. Robinson stated that the committee has reviewed the condition and usefulness of the east and west canopies. The costs of repairing versus demolishing each of the canopies were estimated: West resident garage entrance canopy: $12,000 to repair and $10,000 to demolish; East Arcade entrance canopy: $12,000 to repair and $8,000 to demolish.

The committee recommended that the west canopy be demolished and the east canopy be repaired. The issue was opened up to the floor for discussion.

Mr. Schattman asked for clarification on the east side, given that there are two canopies. Dr. Robinson stated this concerns only the canopy that covers the stairwells and leads into the arcade. A resident voiced that there is no need for a canopy on the west side. Another resident noted that the canopy on the east side directs attention into the arcade, rather than the trash area.

Board members opinions were as follows:
-Mr. Stekler: tear both canopies down.
-Mr. Schattman: tear both down.
-Mr. McNerney: the west canopy should be demolished, but the east needs repairing as it does serve a useful purpose.
-Mr. Ariev: Did not feel strongly on the west canopy, but does think the east one should be fixed.
-Ms. Harding: Repair the east and tear down the west.  



Mr.Ariev noted that the consensus of the Board was that the west canopy be demolished and that the east canopy be repaired, which should also include the removal of the skylight.  Mr. Santos will pursue the canopy work.

MOTION        Mr. McNerney moved, Mr. Schattman seconded to authorize management, on behalf of the Elizabeth Condominium Association, Inc., to exercise Paragraph 14 of the landlord-tenant agreement (monthly rent adjustment) with the resident of the Association-owned condominium #10. Rent to be increased by 3% to a monthly amount of $1,442.00 effective May 1, 2013. The motion passed unanimously (6-0-0). 

MOTION        Dr. Robinson moved, Mr. McNerney seconded to authorize PowerServices, Inc. to install customized electrical panel replacing original which controls some exterior lighting and Arcade commercial walkway for $6,500.00. The work will take about 10 business days. The motion passed unanimously (6-0-0).  

MOTION        Mr. Schattman moved, Mr. McNerney seconded to authorize Noyes Air Conditioning, Inc. to replace all original roof-mounted ventilators for the kitchens, bathrooms and dryer exhausts. This project includes the cleaning of the main exhaust ducts for a total cost of $143,447.00.

This bid was distributed to multiple vendors. Although this was not the low bid, management felt that the lowest bidder could not adequately answer all questions and had not visited the site. A resident inquired if this expense was included in the budget. Mr. Santos stated that it was included in the long term maintenance repair program, with a projected expense of $159,000. From the time the contract is ratified, the work will start in about 60 days (but design work and procurement will be in progress), then it will take about 160 consecutive working days. The motion passed unanimously (6-0-0). 

Mr. McNerney stated that the Board is considering alternative ways of borrowing money to avoid some of the 3.9% investment rates imposed by banks. One possibility was to offer residents lower condo fee rates if they prepay a year in advance. However, this contravenes the bylaws . Another possibility would be for residents to voluntarily lend money to association at 3% interest, which is lower than what ECA would pay to a bank and is a better return than what residents could get from CDs. A survey regarding this issue will be mailed out with the call for candidates notice. Mr. Schattman asked if the attorney has been consulted about this plan. Mr. McNerney explained that it had, and he confirmed that the second option was possible.  

MOTION        Mr. Schattman moved, Ms. Harding seconded to authorize management to add a “lending survey”, authored by Treasurer McNerney, as an additional document to the general “call for candidates/annual meeting notice” mass mailing to all owners. The motion passed unanimously (6-0-0).  

Mr. Santos asked board members to review and comment on the calendar tool included in their Management Reports by the next meeting.  

Mr. Schattman raised concern about the possibility of installing floor to ceiling windows and felt that the board should provide Wiss, Janney with direction. He expressed concern about the costs associated with them and the costs that residents will bear in having to change window treatments and repairs. Mr. Ariev stated that the engineer was hired to look at all the options available and present back to the board. He stressed that the Board should wait until the options are presented. Mr. Stekler stated that he is concerned that the engineer is predisposed to floor to ceiling windows, and that they should adhere to the instructions to replace windows, not enhance. Ms. Harding stated that anything that is put it will be an enhancement, and there was nothing in his report that discussed floor to ceiling windows. Mr. McNerney stated that the board should wait until the full range of options is presented. 

Resident Comments:
-David Harrison, attorney for the beauty shop in the arcade, expressed concern about the parking issue for the shop’s customers. Mr. Ariev stated that this issue should be addressed by the Board and asked him to stay to meet with the Board in executive session.

-Karren Alenier, Unit 301, requested a building-wide notice about taking incorrectly placed mail to the front desk instead of leaving it on the mailbox ledge by the trash.

-Dr. Ruby Tang, Unit 06, last month raised issues about her balcony, water leaking, A/C drain water in her living room and furniture damaged by staff, was concerned that only one of her issues is being addressed. Mr. Santos stated that he has been responding to the issues and he is taking care of them as quickly as he can.  

-Pam Dillon, Unit 718 asked about why the utilities are already over budget after seven months. Mr. Santos stated that management is analyzing the electrical and water costs as part of the budget process. He suggested some over-budget variance is due to the cooling tower and chillers are now on a year-round operation; FY2013 budget was completed before that operational decision. Ms. Dillon also expressed concern about the increase in condo fees. Mr. McNerney stated that according to the ten-year plan, there is a 3% increase laid out for the next eight years. The July 1 increase still needs to be voted on.

-Jim Jones, Unit 307 said that he is unable to pay condominium fees online without having to pay a convenience fee. Mr. Roby stated that now that the Association has switched to Union Bank, there is a fee to transfer your money to the association. Residents can still pay by check or sign up for direct debit to avoid the fee.

-Lynn Thayer, Unit 1512, who is on the architectural committee, has spoken with Wiss, Janney and that they are promoting floor to ceiling windows. They do know that the Association wants options. Ms. Thayer stated that the presentation today was very different than what has been presented before.

Adjournment: The President adjourned the meeting at 10:15 p.m., with the Board to meet immediately after for an executive session, in concordance with section 11.109.1 of the Maryland Condominium Act. The next meeting will be held on March 19, 2013.  

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, Board Secretary


Tuesday, March 12, 2013

Budget Workshop 12 March 2013


Present: Directors: Ted Ariev, John McNerney, David Robinson, Steven Schattman, Herman Stekler, ECA General Manager Jim Santos.


Absent: Charles Bressler, Ilo-Mai Harding.

Full disclosure I was present for half of the meeting which only lasted one hour. Among the things I learned:

--There will be no floor-to-ceiling windows in the upcoming improvements.

--We are over budget for the operating side by $185,000. This includes $70,000 in repairs to apartments that were paid by the ECA and reflection of higher utility costs. Once repairs are made to balconies and windows/balcony doors, these kind of costs should not happen. Residents can help minimize utility costs by using compact florescent bulbs and efficient energy power strips like the one being given out free from EccoBecco. Residents can help by turning off their fan coil units when they open balcony doors and windows.

--Borrowing we will engaged in this summer is from a line-of-credit account and we can pay back as we go if that works to our advantage.

Summary of Feb 26, 2013, ECA Board Meeting


Present: Directors: Ted Ariev, Ilo-Mai Harding, John McNerney, David Robinson, Steven Schattman, Herman Stekler, ECA General Manager Jim Santos, Legum & Norman Regional Manager Robert Craig, recording secretary.


Absent: Charles Bressler

Highlights of the meeting:

President’s Report.
--Awaiting Fire Marshall signature on new fire protection.
--Cleaning of exhaust ventilation from dryers and exhaust fans will take place. (This is done every 12-15 years. Project will take 160 days to complete after the contract begins.)
--Status report chart will be (and are) posted in the elevator lobbies of our two towers.
--ECA Board member candidates search now underway. May 1 is the annual meeting where 3 board members will be elected.

Treasurer’s Report.
--Five accounts in collection (one in bankruptcy)
--Bank borrowing will begin this summer.
--Alternate financing may not include prepayment of condo fee but there is still the possibility of owners buying into the project in a kind of bond like arrangement.
--An alternative financing survey form has been send with call for candidates to the ECA board.

Report from Ken Kosteva of Wiss Janney.
--Will mount roof anchors to allow scaffolding for window washing and the window/balcony door replacement project.
--Balcony restoration will be done consistent throughout the towers. (Every balcony will be upgraded.) It is noisy work.
--Repair takes about one week but residents can live in the apartment while the work is being done.
--Possibility of floor to ceiling windows to replace current look. This stirred up considerable controversy. Some of the issues include the need to replace window treatments, liability issues for children, built-ins at the current window.
--There are over 800 windows.
--There is sufficient insurance coverage for damage to individual units.
--Project will take one year.
--Double pane windows will have significant thermal value.

Storage Committee.
--Storage includes items belonging to former and dead residents.
--Some items are illegally stored (like furniture, empty boxes, paint.
--Storage needs to be tracked with computer software, not currently part of the process.

Canopies.
--This stirred up some controversy about which canopies were needed and whether it made good financial sense to repair what would remain. (Remove West garage canopy but keep East garage canopy over the steps.
--The lobby canopy will not be replaced until 2019 by the current plan.

Monday, March 11, 2013

ECA Board Minutes January 22, 2013


THE ELIZABETH CONDOMINIUM ASSOCIATION
4601 North Park Avenue
Chevy Chase, MD 20815

Minutes of Board of Directors Meeting   January 22, 2013

Board Present:
Ted Ariev                        President
David Robinson..............Vice-President
John McNerney ............  Treasurer
Herman Stekler .............  Asst. Treasurer..................
Ilo-Mai Harding...............Secretary
Steven Schattman ............Director

Board Absent:
Charles Bressler                Director

Others Present:
Robert Craig ..........     Regional Director, Legum & Norman
James M. Santos .........ECA General Manager, Legum & Norman
Jana Bowcut ...............ECA Recording Secretary, On the Record


On November 27, 2012, in accordance with Section 11.109.1 of the Maryland Condominium Act, the Board met in executive session to conduct personnel and legal issues.

Call to Order:  Mr. Ariev called the meeting to order at 7:38 p.m.

Approval of Meeting Minutes:
MOTION        Dr. Robinson moved, Ms. Harding seconded that the amended minutes of the meeting of the board of directors on November 27, 2012 be approved.  The motion passed unanimously (6-0-0). 
 
President’s Report:
Mr. Ariev noted that on December 4, 2012, the Board approved by unanimous email assent, a proposal from Sandler Occupational Medicine Associates, inc. (SOMA), dated December 3, 2012, to provide potential mold contamination evaluation of the bedroom and living room in Unit 1812 for a total cost not to exceed $4,380.

Mr. Ariev thanked the social committee and management for a successful holiday party. An informal gathering of about 25-30 residents was also held to watch the inauguration ceremonies. 

On January 8, the Board held a workshop to discuss various issues. On January 13, residents met in the party room for an informal forum to discuss issues raised by residents. The issue of smoking was raised during the workshop, which will be discussed later in this meeting.

Mr. Ariev provided an update of the Maintenance, Repair and Replacement Program. So far, design contracts have been awarded worth about $5-6 million. Over the next 2 months, construction contracts will be awarded worth about $1.5 million, which are mostly for mechanical issues. Wiss, Janney & Elstner  is moving forward with work on the windows, doors and anchoring systems; the work will move quickly over the next 3-4 months, and bids to do the work will be put out in June/July this year. The last outstanding issue in the FY 2013 report is garage repairs. Structural preservation work is needed and more details will be given at the next meeting. The Board is still working on a general reporting system for reporting the status of the work on a continual basis, with regard to schedule and budget. Schedules and status reports will be posted on boards and placed in the lobbies.

The annual meeting and elections will be held on May 1. The Board will be talking with residents to solicit interest about acting as election officials and positions on the Board.  

Treasurer’s Report: The following report was provided by Mr. McNerney:

The amounts included herein are rounded to the nearest $1,000.

As of 31 December, the Association had $3,101,000 in cash and investments, an increase of $87,000 from the prior month.

The Replacement Reserve Fund at the end of December was $2,607,000, an increase of $91,000 from the prior month.

Expenditures from the Reserve Fund in December totaled $35,000. The amount expended from that Fund so far this fiscal year is $122,000.

Delinquencies through the end of December were $56,000, an increase of $3,000 from the prior month. Seven accounts are in collection, including two that are in bankruptcy.

Copies of the Balance Sheet and Statement of Income and Expenses as of 31 December will be available at the front desk.

A finance committee has been formed, consisting of myself as chairman, with Joe Salcetti and Peg Downey as members. We begin preparation of the operating and capital budgets next month, to be presented for a vote of the Board at the April meeting.

The Association will begin bank borrowing this summer to pay for the Maintenance, Repair and replacement Program. Interest on the loan will be at an approximate 4% interest rate.

A supplemental approach to financing could involve financing by owners of the Association, either in the form of pre-paying condominium fees at a lower amount, or by direct loans to the Association at a fixed interest rate. A survey will be distributed to all owners to determine the level of interest in either of these programs.

Management Report:

Mr. Craig noted that in regard to the December financials, there were additional incurred expenses due to Hurricane Sandy repairs, gas accrual was inflated for 46 days and the elevator maintenance contract renewal.

Mr. Santos reported that current work order delinquency totals $1,409.00 of which $870.50 is at or greater than 60 days. He also stated the Board contracted the services of a certified industrial hygienist from Sandler Occupational Medicine Association (SOMA) to investigate air quality in a condominium unit. Lab results are pending.  

Old Business:

MOTION        Mr. Ariev moved, Dr. Robinson seconded to remove from the table a motion from November 27, 2012 to permit ASAM to install a directional sign on common wall area in the first floor elevator lobby of the east tower to direct visitors to their unit. The motion passed unanimously (6-0-0).
  
MOTION        Mr. Ariev moved, Dr. Robinson seconded that ASAM be permitted to provide at their own expense, a directional sign on the corridor wall of the Trash Room in the elevator lobby of the first floor in the east tower. The sign is to be of brass finish, similar in size to the signs presently in the corridor, approximately 14 ¾ inches by 9 ½ inches, with lettering approximately one inch in height. The motion passed unanimously (6-0-0).

Mr. McNerney noted that $100,000 from the operating fund was moved into a short-term CD, to mature 4/8/13 in order to not exceed the $250,000 FDIC insured amount.

New Business:

MOTION        Ms. Harding moved, Mr. Schattman seconded to authorize Wiss Janney and Elstner to address water abatement issues in unit 1812, not to exceed $7,500. The motion passed unanimously (6-0-0). 

MOTION        Mr. Ariev moved, Ms. Harding seconded to authorize LLCTA Professional Restorations to remove and replace commercial grade carpet in the Arcade at a cost of $3,098.03 plus applicable tax. Mr. Santos stated that the work will be done after 5 p.m. so it does not interfere with the business of commercial owners. The motion passed unanimously (6-0-0).

MOTION        Mr. Ariev moved, Ms. Harding seconded to authorize Safe Net Securing Inc. to provide telephone system upgrades at a cost of $1,920 and a 1-year service agreement.  Mr. Santos stated that the current system is at least 5 years old and needs software updates. The motion passed unanimously (6-0-0).

Mr. Ariev stated that the issue of smoking has been discussed among board members. In September of 2012 the Board consulted its attorney, who advised that smoking can be prohibited in house rules. Dr. Muller prepared an e-mail to the Board citing the risks of second hand smoke and that it should be considered noxious. Dr. Muller further suggested that the Board can decide to change house laws, and could implement a house rule to prohibit smoking on the balconies. Mr. Ariev also shared the response from the attorney, who stated that no court has upheld the concept about the risk free level of second hand smoke. No action that the Board takes can go without legal challenge. Smoking is best addressed by by-laws and any rule is subject to challenge and would not prevail in court. Mr. Ariev also inquired about the issue of writing prohibitions into leases to prohibit renters from smoking. The Association does not have the authority to impose different smoking laws for renters vs. tenants. Mr. Ariev then invited residents to comment on the smoking issue.

Dr. Muller further explained that second hand smoke is dangerous and the spread cannot be controlled. He noted that the by-laws state “no noxious or offensive activity should be carried on in any unit”, which applies to smoking.

Another resident stated that she often has cigarette smoke coming into her apartment and balcony, which causes discomfort and potential illness. She added that people smoke in areas near the building, such as the alcove near the restaurant, and smoke comes into the swimming pool area. The Board should consider having signs posted.  

MOTION        Mr. Ariev moved, Ms. Harding seconded to amend the house rules to prohibit smoking on the unit balconies, which are considered limited common elements with restricted use. The motion did not pass with all board members voting against the motion, except for Ms. Harding (1-5-0). The Board will receive further comments from the residents for a period of 30 days.

Committee Reports:

Social Committee: The committee thanked Rita Miller for her help with the inauguration party. A Super Bowl party is being planned. A Food Fest is being planned where residents will bring dishes representing their country of origin or a favorite family dish. A committee meeting will be held in February.  

Resident Comments:

-Resident Mr. Shayegan, Unit 1815, expressed concern about the red hair salon sign. He also expressed frustration with the frequent elevator closings. He also asked when the air handler that was shut down will be fixed. Mr. Ariev responded that the Board is working on having the red sign removed. Mr. Santos stated that he regrets the inconvenience of the elevator work, but it has to be done and he cannot improve the out-of-service time frame. The hoist motors of the passenger cars are being replaced, and the cars have to be out of commission for 30 days. After one car on the east side is done, then we will move to the west side for one car. The plan is to then move back to the East in March. Mr. Santos stated that one exhaust fan on the roof was shut down because the bearings were bad and it has been replaced.  The other exhaust fans on the roof are being replaced over the next 7-8 months.

-Resident Dr. Tang, Unit 06, complained about water coming into her apartment. She has sent emails and letters to the board. She also stated that when workmen came into her unit to make repairs, they broke a small console table. She reported it to management, but did not hear back. She stated that water comes up through a drain into her living room every year. Mr. Santos stated that he would discuss these issues with her.  

-Ms. Franz, Unit 1007 stated that despite the Board’s efforts to be more clear and informative, she had a number of questions about what had been discussed in this meeting. Mr. Ariev encouraged her to speak to Mr. Santos about management items and to email himself about other questions.

Adjournment:

The President adjourned the meeting at 8:57 p.m., with the Board to meet immediately after for an executive session, in concordance with section 11.109.1 of the Maryland Condominium Act. The next meeting will be held on February 26, 2013.  

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, Board Secretary