Summary of ECA Board Meeting November 20, 2019

Board Present: Lyle Schwartz (president), Zlatan Beca, Makarand (Mak) Dehejia, Elisa Siegel, Jimmy Whalen

Absent: :  Christopher Wemple

Others Present: Assistant Manager Romaine Cureton, Jeremy Tucker (ECA Legal Counsel, Lerch Early & Brewer), Dan Watkins of FEA, Bill Martel of CPR

Highlights of the meeting:

The primary focus of this meeting was the ongoing garage project.

It began with a discussion of repair problems illustrated with extensive slides of concrete problems and repair procedures.

The cost has increased dramatically from the original estimate due to:

1.     Prior repairs were failing, and this was not appreciated during the estimate. Prior repair procedures not documented. But all old work was done from the bottom. Old patches used cement that was less strong than original concrete, did not bond to rebar and did not bond to original concrete. Thickness was 2 to 4 inches whereas CPR does not believe any more than 2 inches of patch material should be used. Old patches failed when concrete was hammered.

2.     Original estimates based on mostly “half depth” repairs which expose the rebar by drilling from above and refills with fresh concrete. However, old patches fell out of bottom requiring full depth repair. Concrete also delaminated from vibration of nearby work.

3.     Rebar was more corroded than anticipated. [Rebar are metal rods used to strengthen the concrete.]

4.     G4 floor proved to be in very poor condition.

Current estimate is that concrete repairs will be done by end of January 2020 and corrosion and coating treatment completed by July 2020.

Comments:

From audience: On G4, the floor gets covered with water from sump pump that spills out water. East corner by ramp shows fine cracks. Apparently, these issues are not being addressed by the CPR contract.

Lyle Schwartz: There are numerous maintenance issues that were not addressed in the past. The current board will setup a schedule for routine maintenance and try to keep up with maintenance to prevent deterioration. Sump pump needs to be investigated. Send issue to management.

Al Muller: Original time estimate was 6 months for everything. Now it is 1.5 years for concrete repairs and 6 months for coating. Obviously, something was wrong with original estimates.

Various audience members gave passionate speeches: failure to estimate is criminal, CPR and FEA should be liable. Jeremey Tucker explained that this type of work involves unknowns and the contracts specify rates for fixing problems as sound – not fixed price bid. Lyle Schwartz acknowledged the original estimates were inaccurate but added that one problem was that no one could anticipate the lack of cooperation with moving cars and the delay this would cause. Elizabeth has had to pay for towing. Owners are not reimbursing us. Also, the original estimate did not include the corrosion treatment that the Board has approved and feels necessary due to the degree of rebar corrosion found during the work.

CPR: concrete must be thoroughly cured before surface treatment so once concrete repairs are done, we move all the cars again to do the topside treatment.

8:45pm – representatives from CPR and FEA depart and Schwartz and Tucker explained decision to negotiate contract adjustment. CPR is taking losses due to the difficulties they have encountered plus an inflationary increase in costs over the unanticipated long performance period. CPR threatened to walk off the job if the Board not approve increased payment. Board members were inclined to sue for breach of contract rather than pay. However, Tucker and Chris Wemple did a careful estimate of costs which include these factors: legal costs and cost of hiring a new contractor at what would be today’s fully inflated rates. Lastly, it was not clear what kind of warranty we would have if splitting the work between contractors. Tucker and Wemple consulted the original bidders to obtain their current rates for repairs. With these prices in mind, the Board entered into negotiation with CPR. CPR compromised at a lower amount. The amount makes it about a wash whether we pay or sue. Considering the uncertainties of legal action and the protracted delays that finding, evaluating, and scheduling a different contractor would entail, the Board agreed to pay. The payment will amount to about 3.6% increase over contract cost. Exact amount is uncertain because we pay for each unit of work as it is done at the negotiated rate. Nobody is happy about it but it is what it is.

The actual Board meeting began around 9 pm.

1.     GM Mary Ann Hall’s financial report first: she read some bottom line figures from the available written report

2.     No legal report – Tucker passes

3.     GM’s management report – filter changes in progress, moving cars for phase 12A

4.     Treasurer’s report prepared by Wemple but read by Schwartz – main point: we will make a discretionary payment on the loan as planned.

5.     Committee reports: Social- Dec. 14  holiday party, Knitting group – planning a sale of knitted items, fitness group – no report today but the committee will meet with board members in December. Newsletter – deadline for content for next issue is las week of November.

No old business

No new business

Consult the Management Report ECA Action Item List for status/progress on things requiring action.

ECA Town Hall on Residential Hallway Renovation—November 14, 2019

My goal in this brief summary is to provide some highlights of the Elizabeth Condominium Association Town Hall meeting held November 14, 2019. For additional information, refer to the six-page document that went out to all residents prior to the meeting and which was used during the event which essentially was an opportunity for residents to express their comments and for the ECA Board to collect information of which they were not previously aware.

The meeting was led by ECA president Lyle Schwartz with several Board members in attendance including Zlatan Beca, Mak Dehijia, Francine Klein, and Chris Wemple. Schwartz followed the document prepared by the Hartman Design Group dated October 15, 2019, during which time the Hartman Group, the Elizabeth Condominium design committee and the ECA Board of Directors discussed the key design issues. Aspects of the project discussed included: carpet, baseboards, door thresholds, hardware for new doors, lighting fixtures, walls, crown molding, and special ceilings on designated floors that require special treatment.

In 2012, this project was budgeted at $1.5 million. It is not known at this time what labor and materials will cost. However, the baseline established in 2012 indicates that hallway renovation is a big-ticket item. It should be noted that we no longer have the original story boards that displayed sample colors and fabrics. These displays were destroyed during the flood in the West Lobby.

An unexpected cost element surfaced with sobering effect when we learned that fire and police officers cannot communicate in our building now because the signal has been blocked by recently constructed tall buildings in Bethesda. We are obligated to install an antennae on the roof and transmitters in our hallways.

The Town Hall gathering may have been the best meeting this community has ever held. The community members provided useful information in the spirit of genuine concern to make this project successful. For example, one aspect of the project which is controversial addresses whether the renovation should address hallway walls with wall covering or paint. Resident comments included the observation that what is under our current wall covering are walls with uneven surfaces that are labor intensive to repair. This means remediation will be extensive if the solution is to paint the walls.

Painted walls require constant repair and touch up given the large number of move-ins and move-outs as well as deliveries and contractors with bulky equipment. One possible method is to use a combination of wall covering and painted walls. One of our issues affecting this decision is that we are an older building with large pipes that could fail. There is no easy solution. In the long run, painted walls are expensive to keep up. Commercial grade wallpaper is more forgiving to things knocking against it. However, we need to keep a supply of such wall coverings when repairs become necessary. This is what we did with the current wall covering. The last wall coverings lasted 20 years, which is in keeping with when the next renovation should start.

The discussion about carpet surfaced a knowledgeable advisor who lives among us. A.J. Young stated that the Axminster carpet chosen for the lobby as well as the residential halls is 80% wool and will last many decades. Made mostly of wool, this carpet withstands fire better than other fibers. Given the bad flood experienced in the West Lobby, the carpet has already proven to be very durable.

Replacement of our units’ hallway doors created a little stir regarding metal versus wooden doors. One worry was about fire safety. Apparently wooden doors are made with fire safety in mind. Our current metal doors have often been made unsafe for fire protection by such actions as being adjusted for carpet and additions of other locks and hardware.

What was surprising about the Hartman list of elements was no inclusion of furniture as part of the design element. Apparently, Phyllis Hartman has indicated to the Board that she needs to determine which selections from 2016 are still available. Then alternative selections need to be priced. The Hartman Group has purchasing power that will negotiate a best price.

Schwartz said the color scheme for the hallways will be similar to the color scheme in the lobby and can be best seen in the renovated hallway adjacent to the elevators in the West Lobby. He also said selections for lighting have improved since 2016 and we will be able to take advantage of the new LED options.

Summary of ECA Board Meeting September 24, 2019

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Board Present: Lyle Schwartz, Zlatan Beca, Makarand (Mak) Dehejia, Francine Klein, Christopher Wemple

Absent: Elisa Siegel, Jimmy Whalen

Others Present: ECA General Manager (GM) MaryAnn Hall, Assistant Manager Romaine Cureton, Jeremy Tucker (ECA Legal Counsel, Lerch Early & Brewer)

Highlights of the meeting:

President’s Report:

—Work is being done to complete the design phase of hallway renovation. See Elizabethan newsletter for overall details of hallway renovation.

—New Action Item List has been started and will be part of the Management Report each month.

Legal: Lawsuit in small claims court resolved without problem to the Association. [No further information on what the suit entailed.]

Management Report

Garage

Still having major problems with unauthorized parking. Complete jack hammering projected as January 29, 2020. Completed project July 14, 2020. Weekend work will continue as needed. [Note: not mentioned in the GM’s report is that the project sped up because the Association now has a contract with a towing company and is towing cars when vehicles have not been moved as requested.]

Marble Flooring

Cleaning of the marble floors in the lobby has become a problem given they were not maintenance properly for an extended period of time. Returning them to standard will require considerable cost, including replacement of the grout. The GM suggested waiting to do this work until after the major projects (like the garage project) are completed. Francine Klein indicated this was not acceptable.

Filter Changes & Condensate Line Inspections

Filter changes will occur starting in October as this work is now being done every four months. Anyone who wants a different Merv rated filter from the standard must fill out a form prepared by our legal counsel. [There is the danger that higher rated Merv filters may burn out HVAC motors as they collect more particulates. The hope is that frequent condensate line inspections will avoid leaks like those that occur in the summer when the humidity is high.

Elevator Inspections

We now have renewed certificates for our six elevators through August 2020. One problem that was resolved dealt with elevator phones failing to communicate with the front desk. From now on there will be a weekly phone check on all six elevators.

Fire & Safety

The Fire Marshall made a visit last week and found some “minor” issues but we were not told what those issues were. The GM is waiting for the Fire Marshall to send his report before the issues can be corrected. [No mention was made about what caused the false alarm recently and when it was suggested that we use BuildingLink to communicate with residents, the GM said the Fire Marshall prohibits communications until after the fire department arrives to ascertain the situation. Nevertheless, the GM was sitting at the front desk telling people who came to the lobby that it was a false alarm.]

Pool will be closed for some unspecified amount of time in November for repairs.

Treasurer’s Report:

Making progress reducing loan balance. A refinance was done to reduce the cost of interest.

Social Committee

—School welcome—30 Children enjoyed cookies & juice

—Ice cream social—highly successful party attracting new and long-time residents.

—Celebration for Hollis Alleyne (45 years of service) October 10.

—Oct 30 kids Halloween party.

—Holiday potluck in mid-December.

MOTION: United Healthcare renewal approved unanimously.

Resident Comments:

Dogs

Pat Peyser discussed the problem of ignoring bylaws relative to pets and their size. She suggested we adopt the American Kennel Association’s regulations on small dog weighing 15-25 lbs. She suggested grandfathering in dog already living in the building but enforcing the bylaws. [Obviously, people looking to buy in the Elizabeth need to be informed better about our rules in a more prominent way. Just handing them the bylaws does not get newcomers’ attention. Given we now have a lot of large dogs and at least two owners who have 2 dogs each, this does not help us stop newcomers from bringing in large dogs and multiple pets.]

Rita Miller also complained about dog owners who allow their pets to relieve themselves in front of our building. [This also causes other dogs to do the same as the dogs “mark” their territory.]

Noisy Fan in the Pool

While the GM said the fan noise had been resolved with installation of a new fan, that is not true. The GM said she would look into the problem.

Non-smoking Building

Enforcement of no smoking rules depends on residents making complaints. Someone suggested making tent cards for every floor to say this is a non-smoking building.

Change Orders for the Garage Project

One resident who is an architect made a strong case for getting a third party structural engineer to review all the change orders that are yet to come. He feels we are overpaying. He was invited to meet with ECA president Lyle Schwartz and the structural engineer we are currently working with.

The new meeting date will change to the fourth Wednesday of the month

Next meeting: Wednesday, October 23, 2019.

However because of Thanksgiving: November 20, 2019 (not fourth Wednesday)

Humidity Issues

At the last Board meeting, it was noted that issues regarding the performance of fan coil units in individual apartments, to include problems with high humidity, are not the responsibility of the Association, and therefore should be resolved between the unit owner and the installer, manufacturer, or HVAC contractor.  On the other hand, it should also be noted that the Association is responsible for equipment that provides heating and cooling to the common areas, such as the residential hallways.  If you are experiencing high humidity in the residential corridors, please contact the management office.

Summary of ECA Board Meeting July 23, 2016

Board Present: Lyle Schwartz, Makarand (Mak) Dehejia, Elisa Siegel, Christopher Wemple, Jimmy Whalen

Absent: :  Zlatan Beca

Others Present: Assistant Manager Romaine Cureton, Jeremy Tucker (ECA Legal Counsel, Lerch Early & Brewer)

Highlights of the meeting:

Three motions passed unanimously:

Motion: to appoint Francine Klein to fill the vacant seat left by Rhonda Taller’s resignation. Ms Klein, who has lived in the Elizabeth since 2016, is Chief Counsel at Transportation Security Administration (TSA).

Motion:   to approve garage project consulting service by an additional $25,000. 

Discussion:  Original contract included $50,000 to cover the consulting service for 6–7 months during the contract administration phase. We are now in the 13th month. 

Motion: To approve a deferred assessment resolution for FY 2018-2019.  More specifically, “The Association elects to apply all or part of the excess assessment income to the following year’s assessments and that such final amount shall be at the Board’s discretion.” 

Discussion:  This resolution simply means that the Association will plan to use any surplus earned during the last FY during the current year. We have passed this same resolution every year at the suggestion of our auditor.

On an annual basis, condominiums choose to file tax returns either one of two available methods:  Corporate Method or Exempt Method. Once the current fiscal year ends and the audit and/or income tax preparation has been completed, Goldklang recommends the best filing method.

For us, assessments are the major source of income, so when we have a surplus in a year, it is a sort of gross profit. Under the corporate rules, when we commit surplus income to normal purposes (Maintenance, reserve funds, etc.) it no longer is considered “profit” in the same sense, and our taxable income is reduced. So, this assessment resolution helps strengthen our income tax filing the decision to use the Corporate Method. 

Other Business:

·      Infrared roof testing has been completed on three spots on the roof.  Only 9% revealed wet spots.  The Tremco roof has been in place for 15 years.  Tremco will send technicians to determine source of water and make repairs.  This will preserve the 91% good roof at a cost of $2081. Tremco recommends a restoration of the roof, which will come with a 20 year leak free warranty. This is planned for 2020-21 at an estimated cost of $725,000.

·      Licurgo Furniture Service is repairing furniture in the West Lobby. This is the same contractor who visited the Elizabeth periodically since the new lobby design was installed.

·      Marble floor and metal refinishing process is beginning within the next two weeks. The marble work in the mailbox corridor has been completed. Plan is quarterly visits.

·      New pool and patio furniture is being ordered for the pool area, patio adjacent to the pool and patio adjacent to the West Lobby.

·      Filter changes have been completed in both towers and condensate lines have been cleaned.

·      Someone broke the glass tabletops in the West Lobby Media Room. New tops are being made by Bel Pre Glass and should be here in two weeks.

·      Loan was re-amortized in mid-June. We will continue to pay the same monthly payment, (at the same interest rate), however, the final payment is scheduled to occur in April of 2025. This means the loan will be paid off 18 months sooner than originally scheduled (October, 2026).  The loan balance now is slightly less than $3,100,000.  As we continue to provide further pre-payments of principal, our payoff date should continue to move closer.  At the moment, the board has agreed to make 3 additional prepayments next year, which are reflected in the current budget.   Beyond that, to the extent that funds are available and circumstances permit, more prepayments may be made.

·      .  $58,000 in delinquencies were collected in July.

·      Garage Project is 63% complete by June 30. Main problem is that people are not parking in the spaces assigned while their spaces are being repaired. Some  weekend work has been approved by the Board.

·      Town Hall on Fitness Center was attended by 35 owners, all users of the center.  While the committee is continuing ono planning for this project, a questionnaire will be sent out to all owners re:  current usage of each type of equipment.

·      The Hallway Planning Committee met July 11.  Members are:  Lyle Schwartz (Chair), Elisa Siegel (Director), Judy Gann, AJ Young and Connie Rowe.  MaryAnn Hall will attend all meetings.

·      People have been sneaking contractors in without signing in at the Concierge Desk and without completing the required forms which include the license and insurance information of the contractor.  These contractors have been responsible for damage to other apartments in the course of their work.  These contractors are getting a letter saying they may no longer come in the building. If they do, they will be cited for trespassing.

·      Social Committee Chair, Suzan Stafford, announced a few upcoming events:  Sept 3 – cookies and juice in lobby for the children on the first day of school; Sept 14 – ice cream social and welcome for new people; October – Halloween Party; December – Holiday Party.

·      Storage Committee Chair, Layo Fabunmi, announced that the committee now has five members. Plan to re-organize the storage facilities is taking longer than expected due to safety concerns during the garage project. The Committee will work toward removing dangerous items from storage. A letter to residents to this effect should be coming out this week.

·      Stephanie Olshan advised that an owner was the subject of an unprovoked attack by another owner’s pet. The attacked/bitten owner suffered seven puncture wounds from the dog, and consequently went on two medications and had to have a tetanus shot. Animal control was called, but Counsel said the state of Maryland has a “two-bite rule,” meaning that the county will not remove the pet unless it has bitten twice. The Board is addressing this issue. Management has spoken to the dog owner and has been assured that the dog will be carried in and out of the building. The bylaws and House Rules address pets and provide that a nuisance pet can be removed by the Board. 

·      Some owners are reporting high humidity.  Ms. Bobb, former Board President, pointed out that high humidity in apartments with the new fan coil units was a big problem when the new HVACs were installed in the 2014-15 timeframe. These new units were purchased directly by owners, not by the Association. Suggestion was made to identify whether apartments reporting high humidity are running the new Daiken McQuay units. If so, in accordance with the determination made previously, the issue should be resolved between the owner and the installer or the manufacturer, as it is not an ECA responsibility.

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Summary of ECA Board Meeting June 24, 2019

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Board Present: Lyle Schwartz, Zlatan Beca, Jimmy Walen, Christopher Wemple

Absent: Makarand (Mak) Dehejia, Elisa Siegel

Others Present: ECA General Manager MaryAnn Hall, Assistant Manager Romaine Cureton, Jeremy Tucker (ECA Legal Counsel, Lerch Early & Brewer)

Highlights of the meeting:

President’s Report:

Resignation of Rhonda Taller.  She and her husband owned two units.  Elections matter. Let go of the past.  Elect new people and get the hall renovation done. (Notes from her letter that she asked be read into the record.)

Merv filters brought up again. Decided that we will use 4/5 pleated filters as available. Merv 8 will be provided at no cost but only after owner signs a waiver regarding the problems associated with Merv 8.

Legal: None

Management Report

Garage Project: Project is 56% complete.  More weekend work.

HVAC maintenance delayed because a failure of the Key Link System. West side will be completed by June 28 when work begin on the East side.

Unit 1801 condemned: discovered after a leak detected in 1701.

Committee Reports

Fitness Center:  July 17, 2019, town hall meeting to renovate the fitness center.

Storage Room: Dangerous junkyard. Asking for help.

Motion: Approved 2 motions to improve control of water temperature in the pool and to replace the exhaust fan.

Motion: Approve a replacement refrigerant monitor control panel in boiler room.  This affects a/c.

Comments from the Floor

--A number of people voiced concern about getting 3 bids for various jobs especially those involving plumbing issues.

--Lunch hour for the staff in management needs to be accommodated.

--July 4 party at Friendship Heights Village Center.

--Compliments for the newsletter.

--Number of expressions of concern about checking condensate lines and other sources of water in the individual units.

Next meeting: July 23, 2019.

Summary of ECA Board Meeting May 28, 2019

Board Present: Lyle Schwartz, Zlatan Beca, Makarand (Mak) Dehejia, Elisa Siegel, Christopher Wemple, Jimmy Whalen

Absent: Rhonda Taller

Others Present: ECA General Manager MaryAnn Hall, Assistant Manager Romaine Cureton, Jeremy Tucker (ECA Legal Counsel, Lerch Early & Brewer)

Highlights of the meeting:

PRESIDENT’S REPORT

Lyle Schwartz touted two accomplishments of the previous Board: the revised Employee handbook under the leadership of Rhonda Taller and passage of the no smoking bylaw which was approved May 1, 2019, and goes into effect August 21. The smoking ban which covers the entire property includes visitors, guests, and contractors.

Schwartz stated there is no known end date for the garage project and there is a undetailed plan for hiring a temporary part time person to join the management team.

MANAGEMENT REPORT

Garage Project:

General Manager reported that the garage project is 46% complete and the Association has paid $600,405.85 for this project so far. Work will sporadically happen on the weekends with jackhammering.

Budget:

The approved 2019-2020 budget was distributed to all owners either under their unit doors or through the mail for non-resident owners. A copy can be found on Building Link.

Maintenance:

Condensate leaks have occurred since air-conditioning has been turned on in the face of hot, humid weather. Management has delayed maintenance which was compounded by confusion over acquisition of the appropriate Merv filters.

Resident Garage Door:

The door was hit by a car and broke. Because a set of springs were in house inventory, the door was repaired immediately.

MOTIONS DEALING WITH OUR LOAN

Three motions dealing with our loan were approved by unanimous vote. This includes making the 4^th prepayment on the load for $75,000 for fiscal year 2018-2019, re-amortizing the loan (to lower the interest rate), making three prepayments of $150,000 each in fiscal year 2019-2020.

Next Meeting: June 25, 2019