Minutes from the OTIA Board Meeting 4/4/2012
Meeting called to order by president Greg Denny at 7:05pm.
Board members present: Greg Denny, Greg Zink, Radu Roman, Jim Loring, Dan Griffin, Ken Kresja, and Colleen Hodges.

Members at large present: Jody Matza, Kathy Quarnstrom, Susan Biedeier, Jeff Quarnstrom, Karen Marquardt, Nancy Gilchrist, Ann Sipowicz, Ray Sipowicz, and Bob Supanich
President Greg Denny welcomed all residents to the meeting and began with self-introductions.
We dispensed with the reading of the last month’s minutes until the May meeting due to the secretary’s absence.
The treasurer’s report was presented by Dan Griffin.  The full report is attached to these minutes.
There was a motion made by Radu Roman to accept the treasurer’s report as read.  Ken Kresja seconded and the motion passed unanimously.

Greg  Denny opened the discussion of the CICA (Common Interest Community Act) declaration and accompanying bylaws.  Greg D. reported that letters had been sent to property owners in this order:

1. Thank you letters to those members who are paid in full.
2. Reminder letters to those who are less than one year past due.
3. A sternly worded reminder letter was sent to those members who are more than a year in arrears asking them to call and make arrangements to set up a payment plan.  Dan reported that one member had called and began a monthly payment of $100 until he is up-to-date.
4. The CICA resolution was sent out to all members.

Greg reported that he and Dan are working on clarifying addresses.  They drove through the subdivision gathering information needed.
The status of the resolution:

1. Vote on the draft tonight.
2. Review declaration.
3. Rewrite where needed and submit as soon as possible.

Greg Denny reviewed the fact that the CICA was adopted by the board at the general meeting in November 2011.  This was done to make it possible to collect nearly $40,000 in dues and special assessments owed the OTIA.  He further stated that in order to comply with the CICA rules, we must have a declaration and make a resolution to be governed by the Common Interest Community Act.

Radu wanted it noted that he is fundamentally opposed to this resolution due to the liability the OTIA would incur in the event of a property takeover due to long-term, unpaid balance.  He feels this is an unnecessary burden on the board and questioned what would happen if there was damage to the property while in our possession.  Dan clarified that all costs during the time of our possession were the owner’s responsibility.  He finds the clause allowing the OTIA to take temporary possession of a property to be too severe and suggested the possibility of garnishing wages or taking the owner to court as an alternative.

Ken expressed his opinion that many residents have paid their fair share.  That the OTIA has been going through every kind of legal action available with no progress.  He stated that a $40,000 deficit is too great a debt for the members in good standing to bear.  He feels some owners are taking advantage of our board having no definitive recourse for collection and he believes we needed to adopt the CICA to take action.

Ann Sipowicz questioned the legality of the CICA.  Greg reported that we are working through a law firm that specializes in this area and he once again clarified the board’s willingness to work with property owners to bring them to good standing.  Radu stated again that he feels eviction is too strong an action for the board to take.  He asked if the board had ever taken anyone to court.  Greg D. and Dan reported on legal action taken in the past against past due members.  They stated that a great deal of the past due debt had to be forgiven during negotiations and the feeling of the board was that adopting the CICA would allow us greater leverage for collecting all dues and assessments owed us.  Radu asked what the action would be if the property owned by a member in arrears was a vacant lot.  Some discussion ensued including the possibility of placing a lien on that property.
Resident Kathy Gilchrist raised the point that those who own multiple lots with individual PIN numbers would be assessed per lot.  She feels that is inappropriate for members who have been in good standing.  This will double or triple people’s payments and be a true burden to our residents. Susan Biedeier stated her concerns about the ending of the senior discount.  Greg D. and Dan spent some time explaining the Illinois laws making is necessary to make these changes.  It was suggested that we look into being able to “grandfather” the present members to be governed by the previous bylaws.  The board agreed to bring it to the lawyer for possible changes.
Dan Griffin made a motion to change the wording in all documents from “unit” to “parcel” wherever unit is used.  Ken seconded the motion and it passed unanimously.

Greg Zink made a motion to accept the CICA.  Jim Loring seconded.  Five members were in favor of the motion:  Ken Kresja, Jim Loring, Dan Griffin, Greg Zink, and Colleen Hodges.  One member was opposed: Radu Roman.  The motion passed.

The board then began the review of the Declaration of Powers and Bylaws, including nondiscretionary and discretionary powers.  First the board reviewed discretionary powers.  Nondiscretionary powers will be revisited.
Ken pointed out that the cover should state that this declaration is amended and restated.
Greg Denny spoke about the history of the subdivision from its original charter that is attached to the properties in the subdivision, to its being re-associated in 1946.  He pointed out that many parts of the original charter would be ruled unconstitutional by a court.  Radu thought it would be a good idea to attach the parts of the original charter that are legal to the new declaration and bylaws.
Suggested changes in present document:

1. Change “units” to “parcels”
2. Page 2- “common expenses” should include the word “legal”
3. B- strike the line that begins with “The cost of
4. Radu stated that we need to maintain the  ability of the board to negotiate for services for the subdivision
5. G- note that “home” is defined as a single family residence.
6. H- “lot or lots…” add “as designated by PIN number.

At this point Jody Matza wanted to express grave concern about the problem of multiple lots and PINs causing residents, especially seniors, tremendous financial strain.  Ken suggested that for the purpose of getting through this document at this meeting, we table the discussion of this issue.
Mrs. Matza also brought to the board’s attention that the property owned by Luis Garcia on the corner of Hickory and Route 60/83 had recently sold and that the property is zoned commercial.  No board member had knowledge of this fact.  We will look into it.

Ann Sipowicz offered her experience in 20 years of attending board meetings.  She reports that residents do not come to meetings unless they are upset.  This has been going on for many years.  Her fear is that in the future, we could have a less caring board and she feels something needs to be in place to protect residents if something were to happen.

Radu once again implored the board to take his concerns to the lawyer to look for alternatives.

1. Page 3- M “platt” add “PIN numbers”.
2. R- “voting member” add “in good standing”.  Remove “home” insert “pin/parcel”.
3. Article 1- A- under membership add PIN number and include that number of votes go by number of parcels owned.
4. Section 1C- add “not in good standing is not a voting member”
5. Article 2A- change “Thursday” to “Wednesday”
6. Section 2- add “Vacancies on the board will be filled first by elected alternate, then to be nominated by a simple majority of  the board of directors and then appointed by the president of the board.
7. From Radu- add “The Board of Directors shall have the power to declare the office of a director of the Board of Directors to be vacant in the event such director shall be absent from three (3) consecutive regular meetings of the Board of Directors.”  (see page 17 of original document for repetition)
8. Page 4 Section 1B- change to Subsection B
9. Page 5 Section 5- change “vote” to “voting”
10. Section 6-  strike “other than developer”
11. Page 6 C- add “Two officers’ signatures are required to validate a check drawn on the OTIA account.”
12. Page 7 Article V Section 1- budget will need to be proposed by September
13. Page 8 Section 3- add….shall “be” uniform.  Add not that we shall charge for a letter of good standing.
14. Page 8- last line- “lien shall attach all rents due from parties” clarification needed for Greg Denny.
15. Page 9- change the typographical error of using “at” instead of “an”
16. Page 9- take the sentence in 3 and insert into Article VI.
17. Ask the lawyer about having an annual audit and where it should be inserted in the document.
18. Page 10 B-change “a-e” to “I-VII”.
19. Page 11 C- change as in number 24.
20. Page 12 Ask lawyer if we can remove, unless it applies to common properties.
21. It was suggested that Page 3 and 13 restate the original covenants with illegal sections removed to maintain our subdivision’s history.

Bylaws-

1.  Page 14- change Thursday to Wednesday.
2. Page 15-  common notice clause-find out if posting to the website would cover that.  It was also suggested to get a sign to use at the triangle of property located at the intersection of Lakeview, Elmwood, and Hickory.
3. Page 17 Section 8- add “on” and remove “of the votes”
4. Article V Section 9- Change the name of the Beach Committee to include the pier and parks.
5. Page 18 Section 5- make “member ship” on word.

It was asked that when people combine PINs that they call and inform the board so they will not be double billed.  Dan stated that the lawyer has already informed the board that any combining of PINs after the final list is submitted to their office would result in a $65 charge for a title search.  Radu questioned this action and thought that we could investigate the change online.  Further investigation is needed.
In other old business, Greg D. reported that he had 40 boat ramp keys made for this season and that we now have three separate sets of locks and keys which will allow us to change off locks every year without further cost.
There was a discussion of how to distribute the fobs needed for entrance to the beach once the lock is activated.  It was decided that delivery of the fobs would be done by volunteers from the board of directors.  We will take the fobs to members in good standing who have signed the usage agreement personally.
An emergency call box was purchased for the beach area to bring us into compliance with the State of Illinois rules.  The call box will be installed by the phone company on the utility pole at the beach and will only be connected to emergency services.  Colleen volunteered to contact emergency services to find out the best number to be programmed.

Greg D. brought up the issue of installing a split rail fence at Hansen Park to delineate the OTIA property line.  It was suggested that we approach the Mundelein Park and Recreation District as to the possibility of installing a fence on the edge of the property which we lease from them at Hansen Park.  Two property owners have infringed upon our common property with structures and will need to be informed to move them before the fence can be installed.  We will use the model used at Sunset Park for the fence leaving openings at intervals to break up the look of the fence.

New Business-
It was brought up that OTIA resident and landscaper, David Garcia owner of DG Hardscapes, would like the opportunity to bid on the park maintenance contract for the subdivision.  He further asked to see the past contracts entered into by the board for services.  The lawyer was consulted as to whether this was legal.  She informed the board that, as an owner, he had the right to inspect any contract entered into by the board.  Some members of the board expressed the feeling that this was unethical or a conflict of interest.  Our most recent contract with Dave Frost has not yet been renewed, but he has already delivered services without contract.  Further discussion is necessary.

Jody Matza shared her knowledge of two internet companies, ZARRY and Taskrabbit, who contract for labor.  She suggested we check them out for open bid processes in the future.
It was suggested the beach usage agreement form be put on the website for residents to print and submit.
It was reported that we had three boat slip rentals presently and that more are needed.
A motion to adjourn was entered by Jim Loring and seconded by Greg Zink.  It passed unanimously.
The meeting adjourned at 9:52pm.

Respectfully submitted by Colleen Hodges, acting secretary in the absence of Emmanual Flores,
April 7, 2012