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[2008] Southcape Resort

Sou13

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Advisory Council

He stated that the Board of Trustees of Southcape was contemplating establishing an advisory council of selected owners to particiapte in decisions and assist in distributre information to other owners etc.

I have agreed to serve on the advisory council. I hope it doesn't prove to be a waste of time and effort. It will entail at least one trip to Southcape prior to the meeting May 16.

I hope much of the agenda can be accomplished via email but in the meantime we need to know who the members of the Community Association, Inc. are and how to contact them. This info has obviously been turned over to Outfield Marketing!

Please advise me what you want me to convey to the trustees.
 
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Sou13

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Southcape Budget 2009

Southcape Resort

2009​
INCOME

Maintenance Fees
$978,986.00​
Rental Income
$300,000.00​
Tennis Court Fees
$100,000.00​
Vending Machines
$1,000.00​
Telephone Charges
$4,500.00​
Income from Sales
$0.00​
Insurance Reimbursement
$0.00​
Delinquent Collections
$75,000.00​
Other Income
$15,000.00​

TOTAL
$1,474,486.00​

OPERATING EXPENSES
Insurance
$70,000.00​
Office
$12,000.00​
General and Administrative
$117,898.00​
Rental Commissions
$75,000.00​
Salaries and Wages
$385,000.00​
Payroll Tax Expense
$50,000.00​
Licenses and Permits
$200.00​
Utilities
$285,000.00​
Repairs and Maintenance
$125,000.00​
Supplies
$110,000.00​
Real Estate Taxes
$130,000.00​
Credit Card Fees
$12,000.00​
Other Taxes
$9,500.00​
Advertising & Promotions
$ 50,000.00​
Travel
$1,500.00​
Misc. Expense
$22,000.00​

TOTAL
$1,455,098.00​

NET INCOME
$19,388.00​



2009 Maintenance Fees based on current owners

2009 2008
Maintenance Fee $543.88 $525.00
Reserve Account $50.00

Total Maintenance Fee $593.88 $525.00
 
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Sou13

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Please Excuse the Above

This is why the budget has to be sent as an email attachment. The $ figures are on the next line when I paste it into the discussion!

Something doesn't make sense to me. How many menbers are there? Is the total collected from each member that goes toward the expenses $543.88 or $593.88?
 

Russ45

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The masterdeed posted by SOU13 is very important document for everyone to read since it contains the by-laws for all unit owner. I've been looking at the by-laws briefly in relationship to the special assessment and it looks like Article IV section 4.0 is the justification for the extrodinary assessment and March 1st is the correct due date for a legally applied assessment. However if you look at Article III Section V under (c) Action you will see there needs to be a vote which includes all unit holders to initiate capital improvements over $10,000, by-law amendment and even the sale of the property of the Corporation. They are also required to send us 21 day notice by mail of any regular meeting and 10 day notice for any special meeting, which was not done and we would have a vote, in presence or by proxy. Also, elsewhere in the by-laws the board needs to be elected by all unit owners on an annual basis. The current Board was not elected by the unit owners. And, the by-laws may not be amended unless by vote of 80% of all unit owners. There is also a provision to remove board members. I intend on fully reading the bylaws soon but at first glance over portions of the document but I don't believe the current board members have authority to levy a special assessment. Again, these are the by-laws currently in effect and cannot be changed or amended unless a vote by all deeded unit owners allows it. Please read this document as it seems the board members truly do not have appropriate authority over the resort as they may have well been self appointed.
 

Russ45

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I have agreed to serve on the advisory council. I hope it doesn't prove to be a waste of time and effort. It will entail at least one trip to Southcape prior to the meeting May 16.

I hope much of the agenda can be accomplished via email but in the meantime we need to know who the members of the Community Association, Inc. are and how to contact them. This info has obviously been turned over to Outfield Marketing!

Please advise me what you want me to convey to the trustees.
Thanks,

As you can see from my latest post, I would like to see the information of the election of the Trustees, as well as the meeting minutes where there was apparently a vote on the special assessment and the justification of the special assessment amount. These items should have been given, and voted on, by every unit owner and yet no notification was ever provided that a board was being elected (or self-appointed) or a special assessment was under consideration.
 

Sou13

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ByLaws

The masterdeed posted by SOU13 is very important document for everyone to read since it contains the by-laws for all unit owner. I've been looking at the by-laws briefly in relationship to the special assessment and it looks like Article IV section 4.0 is the justification for the extrodinary assessment and March 1st is the correct due date for a legally applied assessment. However if you look at Article III Section V under (c) Action you will see there needs to be a vote which includes all unit holders to initiate capital improvements over $10,000, by-law amendment and even the sale of the property of the Corporation. They are also required to send us 21 day notice by mail of any regular meeting and 10 day notice for any special meeting, which was not done and we would have a vote, in presence or by proxy. Also, elsewhere in the by-laws the board needs to be elected by all unit owners on an annual basis. The current Board was not elected by the unit owners. And, the by-laws may not be amended unless by vote of 80% of all unit owners. There is also a provision to remove board members. I intend on fully reading the bylaws soon but at first glance over portions of the document but I don't believe the current board members have authority to levy a special assessment. Again, these are the by-laws currently in effect and cannot be changed or amended unless a vote by all deeded unit owners allows it. Please read this document as it seems the board members truly do not have appropriate authority over the resort as they may have well been self appointed.

Thank you, Russ45!

I've been studying the bylaws and preparing questions for Cliff Hagberg. Please post your questions here!
 

tyH

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South Cape Resort

Hi, I haven't been on the board in a while so I'm so glad Sou13 e-mailed me. I did receive my assessment fee $400.00 after I told the sales person for the
4th time we did not want anyone coming to our home and we used our week anywhere from 44-49 and were very happy. Same here with no signiture or letter head on the "bill" with no explniation attached:shrug: :confused: I haven't paid that yet.
When we were there in Dec. I didn't talk with anyone. When I called to confirm my week, I was told our unit was just redone. And while cosmetics such as new rugs, lamps, paint, curtins, furniture ect... the blue bathroom fixtures remind me too much of my boys bathtub at home. :eek: LOL

I would like to orginize a meeting for Southcape owners befor the May 16th meeting. We can not make the 16th and would like to get a better understanding of what's going on with our resort. We've been going to South Cape for the last 5 years and love this small hideaway. If anyone is interested please e-mail me. I know spring break is upon us as is Easter so the sooner the better to let me know. Please put your:
Name and address(city and state)
Dates available for the meeting: Sat. or Sun.
Mar.21,22 or 28,29
Apr.4,5 or 2,3 or 9,10

tyh, Sandy, Bristol, Ct. ,Available any of these dates.

Thanks so much and let's keep our resort ours!:cheer:
Sandy
 

Sou13

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Thank you, Sandy!

The subscribers to my elist know (if they read my messages) that I've been watching the views count on this discussion and encouraging others to post while I peruse the bylaws and Massachusetts General Laws. I've also been searching TUG for other Southcape owners, which is how I found Sandy.

For visitors who haven't emailed me, the link to the Massachusetts General Laws pertaining to timeshares is http://www.mass.gov/legis/laws/mgl/gl-183b-toc.htm

I haven't heard back from Cliff Hagberg and am holding off my next questions until he has answered the two I posed above. But for now it appears to me that there are some requirements in the Master Deed and the M.G.L. that he and his cohorts haven't fulfilled.

Meanwhile I've contacted a disgruntled Festiva Adventure Club member who is offering his 6000 points for sale for 50 cents per point. If your hearts are set on joining the Festiva Adventure Club, you don't have to give up your deeded weeks at Southcape!

I'm also waiting to hear whether Mr. Hagberg will be holding a meeting of the advisory council enough in advance of the meeting May 16 for it to do any good. I'm in favor of holding a meeting but have reservations about having to make four trips to Southcape in the next 2 1/2 months (the fourth one is to enjoy my scheduled timeshare use).

As I peruse the Master Deed and M.G.L. 183 it appears that interval owners have the right to access to the budget (along with a breakdown of itemized expenses) and the names and addresses of all interval owners. If I am able to copy and post these requirements I will do so.

Meanwhile I'm encouraging anyone who replies to my email messages to post the info here in this discussion. It attracts a lot more attention when there are more participants!
 

Sou13

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If you go to Southcape

Anyone going to Southcape needs to bring along a laptop, since the resort now has wireless Internet access.

Also bring along a copy of the "Terms and Conditions" and "Public Offering Statement"!

If you want to hear what the Outfield Marketing rep has to say, his sales office is in Unit 132*. That's an in-house #.

Be prepared to witness some construction going on. But the septic systems that must be replaced are only those that have failed, not the whole Resort. Our intrepid new Owner/Manager has convinced the Town of Mashpee to hold off on requiring the Resort to replace the entire system until the public sewer lines reach 950 Falmouth Road, at which time we will tie in to the sewer system.

And please don't let on that you know my name, since my name is known at the Resort and I don't want to jeopardize our standing with the Board.

*The first unit on the right as you keep to the right around the cull-de-sac of Southcape II

Now I must get back to that Master Deed and M.G.L. 183!
 
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Sou13

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M.G.L. 183b

Chapter 183B: Section 27. Surplus funds

Section 27. Unless otherwise provided in the time-share instrument, the by-laws, rules or regulations of the time-share association or otherwise determined by the time-share owners at a meeting of time-share owners or pursuant to either section thirty-three or thirty-four, any surplus funds derived from the time-share owners or from property belonging to said time-share owners or their association and held by a managing entity remaining after payment of or provision for time-share expenses and any required reserves shall be paid to the time-share owners in proportion to their time-share expense liabilities or credited to them to reduce their future time-share expense assessments.

http://www.mass.gov/legis/laws/mgl/183b-27.htm

Chapter 183B: Section 28. Expenses; assessments; late charges; interest; reserve funds

Section 28. (a) Until time-share expense assessments are made against the time-share owners, the developer shall pay all time-share expenses. After any time-share expense assessment has been made against the time-share owners, time-share expense assessments shall be made at least annually, based on a budget adopted at least annually by the managing entity. At the time the time-share owners are notified of the amount of the assessment for the current year, the time-share owners shall be provided with a copy of the budget prepared in accordance with the provisions of clause (6) of subsection (a) of section thirty-eight and an accounting of income and expenses for the preceding year.

(b) Except for assessments under subsections (c), (d) and (e), all time-share expenses shall be assessed against all the time-shares in accordance with the allocation set forth in the time-share instrument pursuant to section thirteen. Any past due assessment or installment thereof shall bear interest at the rate established by the managing entity or time-share instrument not exceeding eighteen per cent per annum.

(c) To the extent required by the time-share instrument any time-share expense directly related to a time-share unit and incurred in providing a service or facilities which are available to fewer than all of the time-share owners may be assessed exclusively against the time-share owners benefited.

(d) Assessments to pay a judgment against the association shall be made only against the time-shares in the time-share property at the time the judgment was entered, in proportion to their time-share expense liabilities.

(e) If any time-share expense is caused by the misconduct of any time-share owner, the association may assess said expense exclusively against his time-share.

(f) If time-share expense liabilities are reallocated, time-share expense assessments and any installment thereof not yet due shall be recalculated in accordance with the reallocated time-share expense liabilities.

(g) Any amount identified in the budget as an amount to be reserved for the repair or replacement of the time-share unit or the furnishings, equipment and appliances located therein, shall be segregated by the managing entity, held in trust and used only for the specified purpose for which the reserve was collected unless the time-share owners, at a meeting of time-share owners, or pursuant to either section thirty-three or thirty-four determine to spend said funds for other purposes. Any ballot for any proposal to spend reserve funds for purposes other than that for which they were collected shall be accompanied by an explanation in plain language of the reasons therefor and consequences if any of so doing.

http://www.mass.gov/legis/laws/mgl/183b-28.htm

Chapter 183B: Section 30. Financial records

Section 30. A person who has a duty to make assessments for time-share expenses shall keep financial records sufficiently detailed to enable him to comply with section forty-two. All financial and other records shall be made reasonably available for examination by any time-share owner or his authorized agent.

http://www.mass.gov/legis/laws/mgl/183b-30.htm

Chapter 183B: Section 32. Definitions; list of addresses of owners; ballots; communication expenses; vote allocation; notice; recording amendments

Section 32. (a) For the purposes of this section and sections thirty-three, thirty-four and thirty-five:

(1) “Owner” shall mean a person who is an owner or co-owner of a time-share estate or a time-share license or, in the case of a unit that is not a time-share unit, a person who is an owner or co-owner of said unit, other than as security for an obligation.

(2) A project is limited to one in which at least fifty per cent of the votes are allocated to time-shares other than time-share licenses.

(b) The managing entity shall keep reasonably available for inspection and copying by any time-share owner all addresses, known to it or to the developer, of all the time-share owners with the principal permanent residence address of each indicated if known. The managing entity shall revise continually the list of addresses in the light of any information it obtains, and the developer shall keep the managing entity advised of any information he has or obtains.

(c) Each ballot prepared pursuant to sections thirty-three, thirty-four and thirty-five shall contain:

(1) a statement that the ballot shall not be counted unless signed by an owner;

(2) the specification of a date, not less than thirty or more than one hundred and eighty days after the date the ballot is mailed, by which the ballot must be received by the person to whom it is to be returned, and a statement that the ballot shall not be counted unless received by said date;

(3) the name and address of the person to whom the ballot is to be returned; and

(4) only the material required by sections nineteen to thirty-five, inclusive.

(d) Each ballot mailed pursuant to sections thirty-three, thirty-four and thirty-five shall be mailed to the principal permanent residence of the owner to whom it is addressed, if known to the person responsible for mailing it, and said person shall procure and keep reasonably available for inspection for at least one year after the vote is calculated a certificate of mailing for each and the original or a copy of each ballot returned by the date specified pursuant to clause (2) of subsection (c).

(e) If the managing entity, the developer, or anyone on behalf of either of them communicates with any owner, other than as expressly provided by section thirty-three, thirty-four or thirty-five on the subject matter of any petition or ballot prepared pursuant to any of said sections, the expense of said communication shall not be assessed directly or indirectly in whole or in part to any owner other than the developer.

(f) The vote allocated to any time-share and to any unit other than a time-share unit shall be counted as having been cast in accordance with the ballot of any owner of that time-share or unit. If the ballots of different owners of the same time-share unit, or of the same unit other than a time-share unit, are not in accord with one another, the vote allocated to that time-share or unit shall be divided in proportion to the number of owners thereof voting each way and shall be counted accordingly. Any ballot that is not signed by an owner or is not received by the date specified pursuant to clause (2) of subsection (c) shall be void.

(g) The managing entity shall take action reasonably calculated to notify all owners of the resolution of any matters resolved by methods authorized by section thirty-three, thirty-four or thirty-five.

(h) An amendment to a project instrument adopted pursuant to section thirty-three or thirty-four shall be recorded in the appropriate registry of deeds or land registration office forthwith by the managing entity with a statement of the vote and shall become effective upon recording.

(i) No right or power of an owner under this section or section thirty-three, thirty-four or thirty-five may be waived, limited, or delegated by contract, power of attorney, proxy, or otherwise, in favor of the developer, an affiliate of a developer, a managing entity, or any person designated by any of them.

http://www.mass.gov/legis/laws/mgl/183b-32.htm
 

Sanford

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Please Include me and IS ANYONE CONTACTING REBECCA?

I would like to be included, we should organize and circulate a list of deeded owners to come up with a number that we have so that we can have a block and proxies of any others we may know to be able to show up and vote in force.

Has anyone been in touch with Rebecca who has posted on here and who as an attorney and daughter of a deeded owner has been willing to assist??

Rebecca can be reached at Southcapeowners@gmail.com
 

bobcat

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I would like to be included, we should organize and circulate a list of deeded owners to come up with a number that we have so that we can have a block and proxies of any others we may know to be able to show up and vote in force.

Has anyone been in touch with Rebecca who has posted on here and who as an attorney and daughter of a deeded owner has been willing to assist??

Rebecca can be reached at Southcapeowners@gmail.com

Is everybody paying the 400.00?. I have a friend checking on some things for me who lives near there. I can not make the May 16th meeting.
 

Russ45

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I would like to be included, we should organize and circulate a list of deeded owners to come up with a number that we have so that we can have a block and proxies of any others we may know to be able to show up and vote in force.

Has anyone been in touch with Rebecca who has posted on here and who as an attorney and daughter of a deeded owner has been willing to assist??

Rebecca can be reached at Southcapeowners@gmail.com
I have sent Rebecca the masterdeed link by email as well as my initial thoughts which I posted.
 

Sanford

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I paid my $ 400.00 for my 3 weeks but

I wonder if $ 400.00/ week is being paid by NEVS and Mr. Hagberg for thye weeks they purchased??????
 

Sou13

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Maintenance Fees $978,986.00

I wonder if $ 400.00/ week is being paid by NEVS and Mr. Hagberg for thye weeks they purchased??????


Maintenance Fees $978,986.00 from how many members?

More of us need to email rcassidy@southcaperesort.com for answers. I will collect unanswered questions to bring to the meeting of the advisory council if there ever is any such council or meeting, but in the meantime we all need to be clamoring for answers!
 

Sou13

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RE: If you go to Southcape

If you want to hear what the Outfield Marketing rep has to say, his sales office is in Unit 132*. That's an in-house #.

*The first unit on the right as you keep to the right around the cull-de-sac of Southcape II

I was wrong about the Unit #. It can't be 134 if Southcape II begins with 132.

It's actually Unit 32 but to call in-house you must enter #132.

Don't expect to be approached by a sales rep. Do look around the guest lounge for catalogs of Interval International, RCI and the Festiva Adventure Club, and if none can be found, inquire why.

Since I had such a problem attaching scanned documents to email, I have broken down the Master Deed into attachable downloadable segments. Today I copied and attached the TIME SHARE SUPPLEMENT TO DECLARATION OF TRUST. If you go to Southcape, you have the right to inspect the books!
 

Russ45

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The annual owner's meeting is May 16th this year. Does anyone know if the Trustees election is held that day?
 

Sou13

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Let's all be on the same page

The masterdeed posted by SOU13 is very important document for everyone to read since it contains the by-laws for all unit owner. I've been looking at the by-laws briefly in relationship to the special assessment and it looks like Article IV section 4.0 is the justification for the extrodinary assessment and March 1st is the correct due date for a legally applied assessment. However if you look at Article III Section V under (c) Action you will see there needs to be a vote which includes all unit holders to initiate capital improvements over $10,000, by-law amendment and even the sale of the property of the Corporation. They are also required to send us 21 day notice by mail of any regular meeting and 10 day notice for any special meeting, which was not done and we would have a vote, in presence or by proxy. Also, elsewhere in the by-laws the board needs to be elected by all unit owners on an annual basis. The current Board was not elected by the unit owners. And, the by-laws may not be amended unless by vote of 80% of all unit owners. There is also a provision to remove board members. I intend on fully reading the bylaws soon but at first glance over portions of the document but I don't believe the current board members have authority to levy a special assessment. Again, these are the by-laws currently in effect and cannot be changed or amended unless a vote by all deeded unit owners allows it. Please read this document as it seems the board members truly do not have appropriate authority over the resort as they may have well been self appointed.

I've given up on the idea of attaching segments to email for reference. The way to get us on the same page here is to first click on the link to the Master Deed in my signature. Then click on "Pages" on the left and scroll down to the page indicated.

Article IV Section 4.0 is found on p. 28.
Article III Section 5(c) is found on p. 27

We need more discussion here! Have you noticed that FestivaRep found it necessary to reply to the "Festiva Adventure Club" discussion and has verified that Festiva has entered into a contract with Outfield Marketing to market the Club? Did Cliff Hagberg make that clear in his introductory letter? Why isn't he marketing Intervals at Southcape instead of contracting with Outfield Marketing to coerce or scare us into converting to Festiva points?

Have all of you gone underground because you are attempting to contact Cliff Hagberg anonymously? I have a template of a letter I can email you upon request, but I really want more posters here in this discussion just to keep the issue alive and outfront while I search for other means of attracting Southcape owners to the need to tell the Outfield Marketers to take a hike!
 

Sou13

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Whatever became of Carol Briggs?

In my search for ways to locate and contact Southcape owners I put in the Search terms "Southcape Resort" and "owners" and am now combing through more than 6,000 Results, most of them for timeshare resales, but found this post by Carol Briggs at http://www.tstoday.com/members/magazine/issue39/southcape.htm
 

Sou13

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Cestuis que trustent

Article II Section 2.3 p. 124 expressly declares that Unit Owners are Cestuis que trustent:

cestui que trust n. (properly pronounced ses-tee kay, but lawyers popularly pronounce it setty kay) from old French. 1) an old fashioned expression for the beneficiary of a trust. 2) "the one who trusts" or the person who will benefit from the trust and will receive payments or a future distribution from the trust's assets. http://legal-dictionary.thefreedictionary.com/Cestui+que+trust

Now continue on the page to Article III to answer Russ45's question. It appears that Unit Owners are entitled to at least one seat on the board. How to get that seat is spelled out in this article. Comments, please?
 

Sou13

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See my post in the Festiva Adventure Club discussion

Because duplicate posts are not allowed I am providing the link to a very important post in the Festiva Adventure Club discussion. This is important info for any Southcape interval owners who have not emailed me for the Public Disclosure Statement.

This discussion has become important enough to Festiva to have FestivaRep reply, but we need to keep this discussion alive in order to reach out to yet unidentified Southcape owners. We are running out of time if we are to take any action at the annual meeting May 16!
 

Russ45

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Special Assessment Budget

Condo I (Units 1-24)
Siding, roofing. painting and replacement
of Toned trim. $275,000

Condo I (Units 1-24)
Interior renovations: replacement of
furniture. carpeting & painting. $450,000

Alarm system repairs
$12,000

Phone system replacement
$12,000

Computer system for reservations
$25,000

Condo II
Painting and replacement of rotted trim as
necessary. $50,000

New Web site & \Wireless Internet
Access for the entire resort. $18,000

A recent inspection of the septic system
has indicated that the entire system
needs repair. 6 of the septics need
relatively minor repairs. $15,000

Repair of 6 septics:
3 of the septics failed.
We are currently working with the state
department to find the best approach to
solving this problem. $75,000 (working estimate)

Operating loss for 2008 $157,000

Total: $1,089,000
 

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SOUTHCAPE RESORT AND CLUB
TRUSTEE'S MEETING

January 23, 2009

CALL MEETING TO ORDER

Cliff Hagberg called the meeting to order at 2:30 p.m. The meeting was held
telephonically.

ATTENDANCE/ROLL CALL
Trustees: Cliff Hagberg, Tom Franks, Steve Lamantia
MEETING MINUTES
The minutes from the previous meeting were accepted and approved
OLD BUSINESS
Septic system - spoke with Brian Dudley of MA DEP. May not require a sewage
treatment plan depending on what septic plans show and what repairs are needed. Will
meet with Mr. Dudley when plans are ready.
Parking lot - Cliff Hagberg and Atty. Bianchi met with Town Counsel, Town Manager
and Selectman. Reached verbal agreement for shared use of the parking area. Waiting
action by Board of Selectmen.
Renovation plans - Estimates reviewed for exterior and interior renovations, etc. Timing
for renovations is very good as contractors needing work and prices have come down.
Can save significant money if we begin right away. Once this work is completed, the
deferred maintenance should be up to date and no additional assessment is anticipated.
The final assessment per interval week is $400. After discussion, motion, second and
vote the special assessment was approved and will be billed inunediately so that work can
begin prior to the summer season. Management authorized to work out payment plan
with owners facing financial difficulties.
NEW BUSINESS
New business will be taken up at the next trustee meeting.
SCHEDULE/CONFIRM NEXT TRUSTEE MEETING
The next trustee meeting will be held in late March or early April. Date and time to be
determined.
ADJOURNMENT
After motion and second, the meeting was adjourned at 3:55 p.m.


It's worth a question to Cliff when the next meeting will take place, again, they have to notify the owners.
 
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