MINUTES OF THE PORT TRINITIE ASSOCIATION

MINUTES OF THE PORT TRINITIE ASSOCIATION BOARD OF DIRECTORS MEETING ON November 8, 2008

1. President of PTA, Roy McLeod, called the meeting to order at 09:00 and announced a quorum of the Board was present as required to conduct business. Board Members present were: Roy McLeod, John Kip, Don Witosky, Deena Douglas, Susan Keith, Dan Tully, Marshal Talton, Chuck Harris, and Don Hale. The Property Manager Sue Braun was also present. Approximately 12 condo and home owners were also present.

2. Roy welcomed everyone and especially the two newly elected Board Members Chuck Harris, Spinnaker 11, and Deena Douglas, Villa 1B.

3. Roy then asked for a review of the minutes of the last meeting and approval. The minutes of the last meeting were approved unanimously.

4. Roy opened the Board to nomination for President, Vice President, Secretary and Treasurer for 2009. Roy McLeod was nominated and elected to be the President, John Kip was nominated and elected to be the Vice-President, Marshal Talton was nominated and elected to be the Secretary and Don Witosky was nominated and elected to be the Treasurer. All votes were unanimous.

5. Bob Beukema, President PTA House Representatives, presented issues identified by the House Representatives. Roy addressed several of the issues brought up by the House Representatives and indicated further review and discussion would take place at the March Board Meeting.

6. Roy McLeod indicated the March Board Meeting has been set as the 2nd Saturday in March with the location to be announced.

7. Roy McLeod addressed the ongoing concern for a crossing at the Duck Road. Roy talked to the Town of Duck and the issue is a State Department of Highways issue vice a Town issue.

8. Don Witosky presented the budget for 2009. He also presented the Accountant’s Report for 2008. Don explained the difference between a qualified report and an unqualified report. The PTA statement is a qualified report as a complete review of all receipts etc. was not done as part of the report. Don reported that his 2009 budget showed a significant decrease in capital projects for this year that would result in the monthly community facilities fee for the houses and condos going from $135 to $105. The houses will now pay $105 from $135 and the Condos $195 from $220. Don also indicated that Sue Braun has been instructed to set up specific accounts for community facilities expenditures that are broken out by condos and houses. This was a result of unclear expense allocation between the houses and condos. A motion was made and carried unanimously to implement the new community facilities, house, and condo fees starting January 1, 2009.

9. Marshal Talton reviewed the handicap walkway plan. Marshal reminded the Board that this project had already been approved as part of the replacement of the sound and ocean walkways and the handicap walkway was a requirement by the Town of Duck to get a permit. A bid has already been received for this portion of the contract and the permit is good until June 2009. Marshal was directed to execute the handicap walkway contract with Coastal Maintenance.

10. Roy indicated that further work was required to clear the overgrown boat ramp on the sound side to make it more usable. He would give direction to get this done. The combination for the lock on the ramp is the same as the tennis court combo.

11. Sue Braun presented 3 bids for the installation of the ocean pool water line. The Board voted unanimously to select Action Plumbing for the project. Sue Braun is to immediately notify Action Plumbing that they won the contract and that the project is to be done in March.

12. Marshal Talton addressed the issue of PTA funding condo bills—specifically insurance. Apparently several condos have not had adequate funds available to pay the insurance bills when they are due. It was noted that insurance is issued to PTA, not the condos individually, and PTA pays the insurance bills. The condos are charged the amount when the bill is due. Marshal, Sue B., and Don W. were directed by Roy to review this issue and report back at the March Board to address this issue and if a section to the PTA Financial and Procedures needs to be added to address the issue.

13. Roy McLeod then opened the discussion up to potential capital project items for 2010 and 2011.

13-1. Paving of the roads was discussed and Sue Braun was directed to get an engineer preferable, or a paving contractor, to give us a written estimate on the conditions of the roads. This is to be presented at the March Board Meeting.

13-2. Installation of a speed bump was then discussed. Sue Braun was directed to get an estimate for installing a speed bump. (the speed bump was to be one that is set on the ground and attached vice installing an asphalt bump)

13-3. Need to replace the walkway to the ocean pool. It was recommended that the walkway be extended to cover both gates to the pool. It was also recommended that a walkway from Trinitie Drive to the ocean pool be added. There is a 10 ft right of way between the two house properties that could accommodate the road and a walkway.

13-4. Signage for PTA needs to be replaced. Examples are: There needs to be a sign at the entrance stating private property, a sign at the entrance to the beach walkway that states the restrictions on the beach. It was proposed that the PTA signs be moved across the street so everyone approaching PTA from either direction can see the sign. Some low maintenance landscaping would replace the current sign placement on the house property.

13-5. Pool decks will need to be replaced.

13-6. Landscaping needs to be addressed both short term and long term. Roy indicated that he has asked SPM for a proposed landscaping plan.

14. Roy McLeod presented a letter from an attorney hired by the Dovels and the Hales addressing the Memorandum of Agreement (MOA) between the PTA and the PTHOA. Roy McLeod will call a Special Board Meeting to discuss the matter. Dan Tully and Don Witosky are to review the MOA and identify any changes required. Of specific note is the addition of the handicap walkway as community property. Also, it was noted that the MOA is not a legal document but an informal agreement between the PTA and the PTHOA on relationships to community property.

15. Diane Kidwell informed the Board that she was not able to file the change to the PTA documents that stated that homeowners are part of the PTA Board as she was conflicted with the many documents that were not written correctly. This matter will be reviewed at the Special Board Meeting. Roy asked Diane to support us on that matter as the Board had already approved the changes at the previous Board meeting.

16. Community Services was addressed by several persons. During off season there is to be one property inspection per week–during the on season there will be two inspections per week. Sue Braun and D&D will continue to utilize the community service reports to communicate and document problems. Community Service reports began August 11, 2008 at the direction of the President. The Board voted to make the community services a contract for bid. John Kip voted against it. The Board then discussed the value of having all three bids opened at the same time as there may be value in one vendor providing multiple services. The Board voted to open all three bids for an April 1, 2009 award. These three bids are for Community Services, Landscaping, and Pool Maintenance. Deena Douglas, Dan Tully, and Chuck Harris are to prepare the bid packages, present the packages to potential bidders and receive the written bids from the vendors. They will compile the results and report the results to the Board in the March meeting.

17. Diane Kidwell agreed to continue to oversee the insurance policies for the PTA. She will need a letter from the PTA authorizing her to act on behalf of the PTA. Roy McLeod will prepare the letter and get it to Diane Kidwell.

18. Board then entered into a closed session at 12:20 to discuss the work for hire agreement.

Secretary
Marshal Talton

Submittals to the Board will be maintained as part of the minutes of this meeting by the Secretary

Version: 11/17/2008

MINUTES OF THE PORT TRINITIE ASSOCIATION BOARD OF DIRECTORS MEETING ON March 8, 2008

The Board of Directors of the Port Trinitie Association met on March 8, 2008 at the home of Susan Keith at Port Trinitie. The following Board members were in attendance: Roy McLeod, President; John Kip; Vice President; Don Witosky, Treasurer; Diane Kidwell, Secretary; Don Hale, Marshall Talton, Susan Keith and Dan Tully. Board member Bob Avery was absent.

President McLeod welcomed our guests Bob Beukema, Chairman of the House Representatives, Adam Kaspar, Libby Talton, Julia Hale, Deena Weatherly-Douglas, and Toby Sowers.

Minutes of Previous Meeting

The Board voted to approve the Minutes of the November 10, 2007 meeting. Diane stated she was attaching the Minutes of the closed session as well as a copy of the Memorandum of Understanding created by Dan Tully which defines the calculations for the determination of assessments for community facilities for the Port Trinitie Homeowners and the Condominium owners. This Memorandum will also be available as part of the Treasurer’s files. The Board formally adopted the Memorandum of Understanding as presented by Dan Tully, with a few minor corrections. This will also be put on the Port Trinitie website. The Board discussed whether or not this document should be recorded with Dare County. The consensus was that recordation was not necessary.

Insurance report

Diane was glad to report that everything was satisfactory with the insurance and that there were no updates since the previous report in November. Roy asked Diane if she would consider being the insurance liaison for the Board at the end of her current term as a board director. Diane will consider this request and inform the Board at a later date.

Treasurer Report

Don W reported that he is sending out proposals to several local accountants in an effort to hire a new auditing firm. Our current accountant is out of state and therefore not easily accessible. Don also went over the PTA Financial Policies and Procedures he authored for the Board in 2004 which listed 12 accounting recommendations . All of these recommendations have been complied with and the system is in good shape. Don conducted an internal audit last month and all records were in order. John wanted to know if the outstanding assessments from the homeowner’s had been paid. Sue reported that thanks to Adam Kaspar all assessments have been collected. He is sending a monthly bill to each owner.

House Rep Chairman

Bob Beukema handed out Minutes of the House Rep annual meeting in January of this year. A new list of all the House Reps was attached and two proposals which were sent to each House Rep regarding annual maintenance issues and annual cleaning.

Correction to Declaration of Unit Ownership

Diane read Sec. 2 paragraph “O” page 4 of the Declaration of Unit Ownership which defines Port Trinitie Subdivision. There is a sentence within this paragraph which is incorrect according to “Exh. A, Additional Conditions” attached to the Deed dated April 16, 1987 from the developer to Port Trinitie Association conveying community facilities and defining all land owners’ right to use said facilities.

A correction is therefore necessary so that the record will indicate that the Port Trinitie Homeowners are members of the Condominium Association and are entitled to representation on the Association Board in matters pertaining to community facilities. Diane has drafted this correction and requested the Board’s approval for its recordation. The Board approved this correction with minor changes and the addition of Lots A, B and C as shown on Plat Cabinet E at Slide 359 in the Office of the Public Registry of Dare County, N. C.

Diane will make the minor changes and send to Susan to check prior to recordation. We can record this along with the Board of Directors amendment.

Election

Roy advised the Board that we have two Directors whose terms are expiring in November and we need to have nominations for new directors. John Kip will be able to get a letter out next week soliciting nominations.

Amendments to By-laws

Diane discussed with the Board the necessity of amending the Association By-Laws in regard to the qualifications necessary for the directors. The experience gained over the past six years indicates that the best interest of the Association members would be best served by amending the By-Laws regarding their qualifications. This subject has been under consideration at various meetings of the Board over the past couple of years. We proposed to add the following to the qualifications - “No more than two Directors may have an Ownership interest in the same Dwelling Unit or have a family relationship to another Director.” This proposed revision will be sent to all members for their approval.

Discussion was held regarding the pros and cons of this subject. Motion was made to approve this amendment as corrected. Motion was seconded and approved. Diane will make corrections and send to John Kip for forwarding to members for a vote.

NC 12 SAFETY ISSUE

Diane advised the Board that the House Reps requested a letter be sent to the Dept of Transportation regarding safety signs, strips, lights, etc. for a crossing over NC 12 to the soundside pool. We are unique in that we are a sound to ocean community and many, many people including small children have to cross in the midst of heavy traffic every day all summer. Roy stated that he and Sue will visit the Town of Duck office to discuss this request.

SKIPJACK REPAIR

Roy thanked John Kip for all his dedicated effort over the past year in the repair and improvements to the Skipjack units. John said he had checked out the completed work today and everything looks good.

VILLA OWNER REQUEST

Toby Sowers addressed the Board on behalf of himself and the other two owners of the Villas. Toby was very disturbed that the Association fees had been raised to $200 a month. It is a hardship on them as they own the entire units. Toby requested that the Villa owners be given a reduction in their assessment. He told the Board that the Villa owners took care of almost everything in the way of repairs and maintenance to the buildings and they didn’t understand why they were required to pay the same amount as the condo unit owners. Roy explained to him that the Villas were considered condos just as much as the Skipjacks, Spinnakers and Soundside units, and referred him to the Seventh Amendment of the Declaration of Unit Ownership. The fact that they choose to do their own work doesn’t eliminate them from the same assessment. Roy pointed out to him that he is required to get Board approval prior to doing any repairs or improvements to the exterior of the units since the exterior is owned by the Association.He also advised that there are several other condo unit owners who own all ten shares. He gave Toby a copy of the Memo of Understanding which outlines the calculations for the assessments between the homeowners and the condo owners. Unfortunately, the Board cannot grant his request. We will work with them to try to assist in as many ways as we can.

Beach and Sound Walkways

Marshall gave the Board a report on the replacement of the beach walkway and walkover and replacement of the Sound walkway. He was able to contract for this work within the budgeted amount of $20,000. Work will begin the first week in April. We will have four foot wide walkways to the beach and the sound and the walkover on the north end of the beach will be replaced.

Because we are required to provide a handicap access he also gave three options to satisfy this requirement. The Board chose to install a sloping walkway from the north walkway running parallel to the dunes to the existing platform at the south walkway. This was also the lowest price at $11,587. We can design and plan this walkway this year and include it in the budget for completion next year.

Motion was made, seconded and approved for the sloping walkway and whatever is necessary to reestablish the south property line. Marshall also wanted to make clear that there will be additional ongoing expense for maintaining this access which will be additional also for the homeowner’s. Both Susan and Dan agreed that there would be no problem with the additional costs.

Beach Push

Discussion was held regarding the necessity of a beach push. Roy suggested Don H get the permit and whatever is necessary in the event we decide to go forward. Consensus of the Board was to hold off getting the permit and wait to see if the Spring and Summer brings sand back into the Beach.

Tennis Courts

Sue Braun has the bid for $9,200 for patching and resurfacing the tennis court. The French drain around the court needs to be improved so that the court can drain properly. Sue will call Monday to see if the vendor can also do this work.

Oceanside Pool

Sue Braun reported that the Oceanside pool will be resurfaced this Spring. Reports were received by pool contractors that the fencing was in poor condition at the pool. Several Board members visited the pool to inspect this fencing. It was their opinion that the fencing can be repaired and improved.

Landscaping Contract

Susan Keith reported on the landscaping proposals she and the subcommittee have been working on for the past few months. Request for proposals were sent out to professional landscapers and the subcommittee reviewed responses from four vendors. She provided a summary sheet comparing the four bids. These bids ranged from $23,000 to $60,000 for basically the same work. After lengthy discussion comparing the details of the four bids, the Board reduced the vendors to the two lowest bidders, D&D and SPM. Since one of these bidders also had submitted a bid for pool maintenance, it was suggested we hear the report on the pool bids before selecting a landscaping contractor.

Pool Maintenance

Don H referred to his summary he recently sent to the Board members outlining seven bids for pool maintenance. He has ranked the bid proposals by costs and presented source material for each vendor. The Board narrowed the proposals to the two lowest bidders, D&D and Caribbean, both of which included chemicals. D&D’s bid was tied to their bid for landscaping making it difficult to award singularly. The Board studied the job descriptions and discussed the pros and cons of each. The possibility of combining the cost of landscaping and cost of pool maintenance to reach the lowest bidders was discussed. Another concern was the other work D&D performs for us. If we do not select them for the pool or landscaping, will they continue to perform these duties. After lengthy discussion and balancing of costs versus duties, it was felt that with the money saved by going with the lowest bidder we can pay for any additional work.

Dan motioned that we accept the proposal from SPM for landscaping and Caribbean for pool maintenance. Motion was seconded and approved by a vote of six yes and two no. These contracts will take effect as of April 1, 2008.

Susan had the bid contracts from SPM for Roy to sign. He requested that Susan contact SPM for a lower cost on the initial startup work stated in their contract as clean up work had already begun on the grounds in recent weeks. This will further reduce the costs.

Sue will contact Caribbean to contract with them for the pool maintenance.

Bob Beukema wanted to say to the Board that he was very disappointed in the decision of the Board in rejecting D&D’s proposals. He feared that the Board has put D&D in a terrible financial situation with the loss of these contracts.

Roy thanked everyone for their participation and thanked Susan for the use of her home.

The next Board meeting will be held November 8, 2008

Meeting was adjourned at 3:10pm.

Respectfully submitted,

Diane Kidwell
Secretary, PTA

Version: 03/21/2008

MINUTES OF THE PORT TRINITIE ASSOCIATION BOARD OF DIRECTORS ON November 10, 2007

The Board of Directors of the Port Trinitie Association met on November 10, 2007 at the Sunset Grill in Duck, N.C. The following Board members were in attendance: Roy McLeod, President; John Kip, Vice-President; Don Witosky, Treasurer; Diane Kidwell, Secretary; Don Hale, Bob Avery, Marshall Talton, and Susan Keith and Dan Tully, representing the Port Trinitie Homeowner’s Association. Sue Braun, the PTA Property Manager was also present.

President McLeod welcomed our guests which included several condo-house representatives and homeowners - Barbara Richardson, Julia Hale, John Coates, Jean and M. C. Wilhelm, Elliot and Deborah Hatfield, BJ Hice, Adam Kasper, Bruce Gordon, Libby Talton and Joe Bowman.

Minutes of Previous Meeting

The Board voted to approve the Minutes of the March 10th, Sept. 22nd, and Oct. 27th meetings of the Board after discussion was held and comments recorded regarding the correction and clarification to PTA Declaration of Unit Ownership Sec. 2 defining “Subdivision”, and request being made to henceforth use “community facilities” in lieu of “common facilities. Dan Tully wished to clarify the allocation of funds between PTHOA and the PTA as defined in the Oct. 27, 2007.

Board Organization

Roy acknowledged himself and Marshall Talton as new members to the Board and welcomed Susan Keith and Dan Tully as Board representatives for PTHOA. He opened the floor for nominations for officers for the coming year. The current officers indicated a willingness to serve for another year. Motion was made and seconded to accept the current slate of officers. Motion was approved by the Board.

Old Business

Skipjack Repairs

Treasurer’s Report

Don Witosky first reviewed the rationale to allocating the cost between the community facilities fee and certain costs specific to condo owners, i. e. property labor, mowing, etc. Consideration was first given in calculating the acreage occupied by the condo units versus the acreage occupied by the community facilities to arrive at a ratio (33/62) to be used to allocate the expenses between condo specific and community facilities costs. The community facilities costs would then be a split of 56/44 derived from the number of homeowner lots (32) versus the number of condos(25). An agreement was made by the Board to use the 56/44 calculation. Based on these figures Don’s projected community facilities fee effective Jan 1, 2008 will be $135.00 per month for both homeowners and condo owners. The condo specific fee is projected at $85.00 per month which will make the condo owners fee total $220.00 per month.

Don discussed the Fiscal 2008 Budget projection and the breakdown between the Condo Budget and Community Facilities Budget. He also briefly discussed his 2009 projections which show a reduction in expenses. This is because there are extensive major repairs projected for 2008 which hopefully we will not have in 2009.

M. C. Wilhelm questioned the expense for pressure washing budgeted for 2008 and would like the Board to consider staining as well as pressure washing. He feels this is a very important part of maintaining the exterior of the units. The Board will look into this when the time comes to hire a contractor and will solicit professional opinions as well.

Motion was made and seconded to approve the Community Facilities budget. Motion was approved with the PTHOA members voting. Motion was made and seconded to approve the Condo Specific budget. Motion was approved with the PTHOA members abstaining.

Insurance Report

Diane reported that all units including the villas and skipjacks have been insured under one master policy which will renew in May of each year. As we have been adding them to the master policy, we have been billing the individual units on a pro-rated basis. Each House Rep needs to examine their house budget as they will be receiving substantially increased insurance premiums in May. We have been able to reduce the Association’s general liability policy, directors and officers omissions policy and our bond for Sue and the treasurer by approximately $1, 900.00. We have completed obtaining the original flood elevations certificates for as many units as possible in an effort to re-write these policies at a reduced rate. This was necessary due to the FEMA revision of flood maps in Dare county.

Property Manager’s Report

Sue gave a very comprehensive report on projects completed or in progress this year. The major areas are the north beach access/walkover and the soundside walkway, retile/resurfacing of soundside pool, tentative scheduling of tennis court re-surfacing, beach push Sue will elaborate on this at the house reps meeting in January.

Board - Executive Session

Discussion of personnel matters.

New Business

Discussion was held regarding a correction to PTA Declaration of Unit Ownership. This correction is to re-define the Port Trinitie Subdivision. This can be accomplished by a recorded amendment and does not need to be voted upon by the membership since it is a correction. Diane and Susan will work out the wording to be recorded.

Individual Owner’s Comments

M. C. Wilhelm of Unit 417 expressed concern for the change in the association fees and the differential between the homeowners and the condo owners and feels that the reduction in the homeowner’s fees is excessive in view of the needs we are going to be addressing in the near future. He pointed out that the condo owners have seen an increase of $70.00 in the last three years and now we are reducing the homeowner’s fees by $65.00. Dan Tully addressed this issue by explaining that according to the Deed of Trust for the community facilities, the homeowners were only responsible for the expenses that specifically related to the community facilities. He noted that the homeowners and condo owners share equally in the upkeep of the community facilities. The condo owners have additional expenses specific to their units, for example, mowing. Don Witosky stated that we do have a reserve of $25,000 for PTA emergency repairs. Diane noted that we also can, and probably will have to in the future, assess for major expenses. The Board has also committed to review our expenses and hope to be able to reduce some areas.

The next Board meeting will be held at Susan Keith’s home at Pt. Trinitie on March 8, 2008 at 9:00 am. The Board meeting was adjourned at 11:50 am.

Diane Kidwell
Secretary, Port Trinitie Association

Revised December 16, 2007.

MINUTES OF THE PORT TRINITIE ASSOCIATION BOARD OF DIRECTORS ON October 27, 2007

The Port Trinitie Association Board Directors held a Special Meeting to discuss budget details for the coming fiscal year. In attendance were Roy McLeod, President, Don Witosky, Treasurer, Diane Kidwell, Secretary, Don Hale, Bob Avery and Marshall Talton. Susan Keith and Dan Tully, representing PTHOA, were in attendance and Sue Braun, Property Manager for PTA.

The meeting was held in Unit 417 and was called to order at 9:00AM by President Roy McLeod. He welcomed everyone and stated the purpose of this meeting was to have PTA and PTHOA come together in agreement as to the methodology in accounting and allocation of costs for the Community Facilities

On behalf of the Board, Roy thanked Don Witosky and Dan Tully for their extensive efforts in this regard and also noted that we will continue to look into cost saving areas of the budget to perhaps reduce some costs in the future.

Don Witosky presented the revised fiscal 2008 budget and 2009 estimated budget along with footnotes. He also presented his Calculation of 2008 Maintenance Fees effective Jan. 2008 for homeowners and condo owners. He then summarized our current position regarding the Community Facilities fee and condo maintenance fee. He discussed the allocation of funds using Dan Tully’s proposed split of 56/44 derived from the number of homeowner lots versus the number of condos. He feels this is the most scientific and less subjective way of allocating expenses for the community facilities. Dan’s second method would be by acreage - 43% condos, 57% homeowners.

A few budgeted areas needed further explanation:

1. Insurance charges - decision was made to allocate all insurance charges for the PTA using the 56/44 method. PTHOA will be added to PTA liability policy as an additional insured. This will also eliminate the need for PTHOA to carry a separate policy.

2. Property Management Fee - this cost will be allocated 56/44 after reducing fee by 20% - reason being - the property manager also manages and oversees projects for the condos.

3. Professional fees - legal and accounting for community facilities - agreed to use 56/44 split.

4. Telephone charges - costs will be broken down by acreage method - 43% condos off the top and remaining costs will be 56/44

5. The new fee structure will be rounded up to the next five dollar increment and this overage will be put into the Reserve fund. The new fees are to be effective Jan, 2008. Don will finalize the budget and allocations and advise the Board of the new fee schedule by Nov. 1st.

6. Reserves - all agreed $25,000 reserve fund is satisfactory for the present. This item will be reviewed each year by the Board.

Discussion was held regarding the dues in arrears. Most all of these accounts are at least 60 days delinquent. On Nov. 1st Sue will mail a letter to each owner in arrears advising them that a lien will be filed against their property unless all past due assessments are paid prior to Dec. 1st, 2007. They will be responsible for all costs incurred in the filing of this lien. This procedure is in accordance with Section 10. Assessments - B. and C. of the Declaration of Unit Ownership of Port Trinitie, as well as Section 7 of the Declaration of Covenants, Conditions and Restrictions of Port Trinitie Subdivision.. Also see DB505 Pg635 and 636. Diane will contact our attorney to make sure he will be able to handle this matter for us.

Flow of funds - discussion was held regarding the separate accounting procedures for Community Facilities and Condo Specifics. Decision was made to keep just one account, allocating expenses according to the agreed split.

A Memorandum of Understanding will be written incorporating the above Board decisions.

Additional items of discussion -

Tennis court resurfacing will remain as a Major Repair for Fiscal 2008

Dan Tully advised the Board that the Skipjack units have been using the Port Trinitie Homeowners Association’s EIN number for their own federal tax filing purposes for years. PTHOA will have to re-incorporate and will obtain a new EIN number. Dan requested that the PTA pay for the costs of re-incorporating. This request was approved. Sue will contact the accountant for research of current names on the articles of incorporation for Pt Trinitie Association in an effort to clarify this situation.

Susan Keith requested the addition of a trash can at the beginning of the northern beach walkway for people exiting the beach. This request was approved. Sue will purchase and this can will be incorporated into the construction of the new walkway in an effort to secure the can. In addition it will be marked accordingly.

Discussion was held regarding trash cans being returned to each unit/home. Rental agents are supposed to do this, but they don’t always. Linda is currently picking up this slack when she is inspecting grounds. This is covered under “Security” in the budget which is shared between condo owners and homeowners.. Suggestion was made to change “Security” to “Community Services” and Linda will continue to put all trash cans back as needed.

The parking pad for the Oceanside pool was briefly discussed. This subject will be studied and reported at next Board meeting.

Susan Keith requested that Sue prepare an information letter, i.e. tennis court code, trash schedule, etc. along with a parking pass to be distributed to rental agencies. Susan will work with Sue to perhaps expand on what is currently given to all owners. This notice will be either mailed or e-mailed to the rental agencies.

With no other business to discuss, the meeting adjourned at 11:25am.

Respectfully submitted,

Diane Kidwell, Secretary
Pt Trinitie Association

November 6, 2007

MINUTES OF THE PORT TRINITIE ASSOCIATION BOARD OF DIRECTORS ON September 22, 2007

A special work session meeting of the Board of Directors was called by President Roy McLeod. This meeting was called to order at 10:00 AM on Sept. 22, 2007. The meeting was held in Unit 414 courtesy of Bob Beukema. The following Board members were in attendance: Roy McLeod-President, John Kip-Vice-President, Don Witosky-Treasurer, Diane Kidwell-Secretary, Don Hale and past-President Ken Taylor. Absent was Bob Avery. Roy announced that we now have two new members seated on the Board. He welcomed Susan Keith and Dan Tully. They will be representing the Pt Trinitie Homeowners Assoc. in matters relating to Pt. Trinitie Community Facilities. Also attending this work session were Adam Casper, Noret Dovel, Julia Hale and Marshall and Libby Talton.

Roy announced that the purpose of this work session was to look at our finances, discuss the 2008 budget projections, go over our accounts and community fees. We will also take care of some old business as well as some projections for 2009.

Minutes of Previous Meeting

Roy made a motion that we forego the reading of the minutes of the March 10th meeting and present the March 10th minutes together with the minutes of this meeting at the November 10th meeting. Dan Tully wishes to make an exception to the March 10th minutes. Roy suggested that he e-mail this exception to the Board and this will be taken into account at the November meeting. Motion was seconded and approved.

Skipjack Repairs

Roy asked John Kip for an update and status report on the Skipjack repairs. John read a memo dated March 17, 2007 that he had sent to the Skipjack House Representatives stating options to consider for the repair of ongoing leaks to the units. In this memo he asked for thoughts and recommendations. Sue had received two proposals - one from Evans Construction to replace entire siding with cedar shakes for $58,000 or vinyl shakes for $45,000. They were not interested in doing just the one side on the second floor. However, they came back later with a proposal of $16,000 for the one side second floor. D & D responded with a proposal to just do the second floor east side at $4,300 per unit.. Only two units responded to the requests for recommendations from John. Both agreed that something needs to be done, but neither were sure how to proceed. John does not know who the Agent is for Unit 104.

John asked the Board for consideration of these proposals and for a decision as to how to go forward. He suggested that this decision then be reported to the owners. Discussion followed as to the pros and cons of these repairs. Ken suggested John check out the possibility of vinyl shingles that come in a panel with several shakes molded together.

Dan mentioned insulating behind the shingles. Ken suggested no more than $5,500 per unit and if Pt. Trinitie Association had to front the monies, that we charge reasonable interest. Diane suggested that any decision made by the Board would need to be presented to the owners of each unit, so that they are aware of these repairs and the costs involved.

Roy motioned that the Board authorize John to check out the panel option and the insulation factor, keeping within $5,500 per unit, and advise each unit owner as to what will be done in the way of repairs and the costs involved. Motion was seconded and approved.

Ken motioned that in keeping with the Declaration of Unit Ownership Sec. 17 that Unit 104 be requested to advise the Board as to their house representative, and that the house representative needs to show that a 2/3rd’s vote was obtained. This should also apply to The Villas. Motion was seconded and approved.

Election Results

John Kip reported on the results of the election for two Board members to take office at the November 10th Board of Directors meeting. There were two nominees on the ballot and both nominees were elected. John stated that 160 ballots were sent out and 106 were returned. The two people elected for a three year term were Roy McLeod and Marshall Talton.

Discussion was held at this time regarding owners who have sold during the year. According to Sec. 18 - O of the Declaration of Unit Ownership, pg. 31, owners should notify their Agent of their intent to sell and the Agent will in turn notify the remaining owners of that unit. The Agent/Property Manager should notify the Secretary of the Board of new owners so that the election committee will have a correct roster for balloting. Also each new owner should be supplied with the By-laws and Declaration of Unit Ownership.

Property Manager’s Report

In Sue’s absence, Roy reported that the oceanfront poos had been refurbished, the tennis courts have been repaired, the beach push was completed and looks great, the water line replacements and complete, deck bolts have been replaced, septics cleaned, bypasses on walkways have been replaced and look very nice. The ocean side pool will be repaired by next season. The charges for work done at limited common property has been billed back to the individual units. He has asked Sue to start identifying responsible units for extra charges we are paying so that we can bill back such items as dumping fees, trash removal, etc.

Roy has also asked Sue if she would revisit the security matter so that we will more readily understand what we are paying for under that heading in the budget.. He exhibited a parking pass from long ago. Sue will re-issue these passes to each owner and will address the subject of renters being issued temporary passes. He also suggest that instead of referring to “Security”, these services should be “Owner’s Services”. Roy will work with Sue to set this up.

Roy advised the Board that he has asked Sue to replace a panel on the electric box at the soundside pool and to also replace the pool cover. These items can be put into the 2008 budget.

Insurance Report

Diane distributed a notice from our insurance agency regarding an increase in our property insurance effective October 1, 2008. This rate increase will apply to all building and contents limits and will range from 30-40% in additional premium. We will not be affected by this increase until May of 2008 as the master policy Diane has been working on this year will not renew until then. Most all units have been placed on the master policy when their old policy has come up for renewal and therefore the unit has been billed for a pro-rated premium. She will be attending the annual House Rep meeting and at that time will strongly urge that all the unit owners be advised of this pending increase and re-structure their budgets accordingly. Pt. Trinitie Association pays the premium for the master policy, and then each unit is billed for their share.

In addition the insurance company had determined that it is no longer viable to offer wind-driven rain coverage. As of January 1, 2008 this coverage will be dropped from all commercial policies. Any claims against the Master Policy will be settled on an Actual Cash Value Basis. We can no longer get replacement cost option due to the age of the structures unless we wish to obtain a home inspection of each property by a licensed general contractor with a letter certifying that the roofs, HVAC, plumbing and electrical wiring all are in good repair and properly maintained. So we are getting an increase in premium, but a decrease in coverage. Our current agent was able to get a substantial reduction in the general liability policy for Pt. Trinitie Association.

The current flood elevation certificates have been completed and we are working to re-write this coverage with current elevation ratings. We have been able to grandfather these rates on all but two buildings. Hopefully, we will be able to locate some documentation on these. The flood insurance rates have increased dramatically and we are fortunate to be able to grandfather most of these policies, thereby keeping the premiums at their lowest rate possible.

Diane fielded some questions regarding the Association’s Directors & Officers policy as well as our General Liability policy. The lot owners are also included on the Association’s liability policy.

Capital Projects 2008 2009
Financial Report - August 2007 YTD

Don Witosky presented the Board with a draft of the fiscal 2008 and 2009 budget and a calculation of the homeowners/condo-owners maintenance fee. These are drafts and are attached to these Minutes for clarification. Don stressed that most likely some changes will occur based on discussions during this meeting. The maintenance fee calculations are based on estimates made by Sue Braun, the Property Manager. Sue has sent her rationale for these cost estimates to the Board. There are some items that weigh more heavily toward the condo owners. Discussion was held on these items. Dan Tully and Susan Keith, representing the lot owners, provided their own calculations. They are concerned that the lot owners are paying for items that do not benefit them. Each item on the budget was discussed at length. The Board listened to both sides of the issues.

The Homeowners are $9,000 in arrears in paying the monthly fee to the Association. Susan stated that many of the homeowners were upset with the last increase in April so they have not paid. She will contact these owners.

The representatives for the Pt Trinitie Homeowners do not feel the homeowners should pay the same fee for use of the Community Facilities as the condo-owners. This of course would mean that the condo-owners would have to be assessed for the amount the homeowners don’t pay. The PTHOA has asked that the expenses allocated for the management and maintenance of the common areas at Pt Trinitie be separated and shown as expenses for “Community Facilities” and expenses for “Common areas”. They feel they only need to be assessed a fee for use of the “Community Facilities”. Much discussion was held on this issue and further consideration will be taken by the Board. Dan Tully provided the Board with information relevant to the area consumed by “Community Facilities” in relation to the total area of Pt. Trinitie Association. He will re-visit these calculations and provide the Board with revised calculations.

Discussion was held on each budget item with the following results - - - -

We will check with the Town of Duck to see if we can secure a permit for dumping in order to eliminate thousands of dollars in dumping charges.

Do we need work logs for “security” checks or services?

New “Beach Access” signs.

Committee of Roy, Marshall and Don H. to study D & D charges/salary/accountability.

Do we need to request more physical presence of Property Manager?

Review Property Manager’s responsibilities.

Walkway to S/S pool will be replaced with wider boards - 2008 budget.

Stairway across dune on North side will be repaired as part of an ongoing project - 2008 budget. $20,000 will be added to budget.

Roof replacement on oceanfront units will be postponed to 2009 budget.

Do we need $50,000 in reserves? This needs to be legally researched.

Don will continue his work on the projected budgets and present a revised edition to the Board prior to Nov. 10th meeting.

Study of Common Property User Allocation

Don presented his Calculation of Apportioned Monthly Maintenance Fee and fielded questions regarding the allocations of expenses to homeowners vs condo-owners.

Susan and Dan presented their calculations based on the area of land the community facilities cover vs the area of land the condo units cover. Lengthy discussion was held on this subject.

All of these calculations will be considered and revised and hopefully we will all be able to reach a successful conclusion. Basically, they want the costs separated and pro-rated proportionately.

Roy thanked Dan and Susan for their presentation and assured them that the other members of the Board will take all of this information into consideration and will act upon this matter accordingly.

Diane suggested that the entire membership of the Association needs to be apprised of this possible pending change in the manner the Board sets the membership fees. Especially in view of the fact that any change would be in direct conflict with the Declaration of Unit Ownership.

Roy has suggested that we study the Association’s expenses with a view towards reducing costs thereby reducing owner’s fees.

Items added at meeting

Ken Taylor advised the Board that due to his work demands he cannot continue to the end of his term which is November 10, 2007. He therefore proxied his vote for the remaining time to Marshal Talton, who is to take his seat on the Board at the November meeting. Motion was made that Ken’s proxy pass to Marshall as of this date. Motion was seconded and approved.

Roy motioned to adjourn at 4:15. Motion was seconded and approved.

Respectfully submitted,

Diane Kidwell
Secretary, Port Trinitie Association

October 7, 2007

MINUTES OF THE PORT TRINITIE ASSOCIATION BOARD OF DIRECTORS ON March 10, 2007

The Spring meeting of the Port Trinitie Association Board of Directors was held March 10, 2007 in Unit 1 at Port Trinitie, Duck, N.C. The following Board members were in attendance: Don Hale, President, John Kip, Vice-President, Don Witosky, Treasurer, Diane Kidwell, Secretary, Bob Avery, Roy McLeod, Ken Taylor. Also present were Sue Braun, Property Manager, Sheila Deane, standing in for Bob Beukema, the House Representative Chairman, Noret Dovel, Unit 1, Julia Hale, Unit 4, John and Anita Coates, Unit 2 , Libby and Marshall Talton, Unit 4, Kathleen Libbey, Villa 1A.

Don Hale called the meeting to order at 9:00 AM and welcomed everyone to the Board’s meeting. He advised our guests that they would have time allotted later in the meeting to address the Board with their issues. Any matter to be discussed with the Board during the Individual Owner Segment requires written notice to the Board’s secretary in advance of the meeting.

Minutes of Previous Meeting.

The Board voted to approve the Minutes of the Fall meeting in light of the fact that the minutes had been previously read by all Board members.

Owner Board Contact Procedure

Don distributed a chart he authored to more clearly inform our members of the appropriate person to contact on the Board or in management when a member has a question, problem, complaint, etc. Each person on the chart has been delegated an area of responsibility. Don will also write a procedure explaining this chart. The chart will be put into the Board’s Policies and Procedures Manual, will be posted on the website and will be attached to the Minutes which will be forwarded to the House Representatives. Ken Taylor made a motion that we adopt this flow chart for the procedures and information passing between individual owners through the appropriate representative of the Board of Directors for action required. Motion was seconded and approved. Ken further motioned and discussion followed regarding a requirement that once an action is initiated with a Board member that any further action on that matter be through the initial Board member contacted and not with any other Board member. Bob Avery mentioned that all Board members would need to be copied on any action for information only. Motion was seconded and approved.

Condominium Ownership and Taxes

Ken Taylor reported on his recent visit with Jim Kelly, the Commercial Assessor for Dare County. Apparently, the County is basing their taxing method of wholly owned units vs co-owner units. Ken went over the condominium/co-ownership history of Port Trinitie again emphasizing that all of our condominium properties are in fact co-ownership properties. Even though one person purchases all ten shares of a unit, thereby, “wholly” owning the “box within a box”, the unit can theoretically be resold on a per share basis. Therefore all properties should be taxed in the same manner. Mr. Kelly said they will re-visit this matter and will contact Ken.

They will separate the units so that each unit will get their own bill, and they will compute each property in the same manner.

Ken also explained that each co-owner also owns an undivided and equal interest in the common elements on or within the condominium upon which his dwelling unit is situated and shall be liable for his pro-rata share of common expenses attributable thereto. The formula for the dwelling owner’s share of common elements can be found in Sec. 5 of the Declaration of Unit Ownership. Sec. 4 defines the common elements and Sec. 6 defines the limited common elements. Each and every owner should familiarize themselves with these sections.

Website Material

Diane complimented Don Hale for all the work he has done on the Port Trinitie website. She brought up discussion on what should and should not be put on the website and recommended that any material to be added should be approved by the Board. Diane does not feel that the rental rates for our units should be published as each owner has the right to rent out their segment at whatever rate they desire. Don Witosky suggested that when the Webmaster gets a request for an item to be published, he e-mails the Board members to see if they have objections. If there are no objections, the material can be published. Bob Avery feels we need a stated purpose for the website and this should become a part of the Policy and Procedures Manual. Ken Taylor made a motion that the purpose should be to provide information to the owners of property located in Port Trinitie from the Board of Directors. Motion was seconded and approved. Don Hale will write this policy and distribute to the Board.

Election Report

John Kip reported that he has received only two volunteers to fill our two upcoming vacancies. One from Marshall Talton and the other from Roy McLeod, who has been finishing out the seat vacated by David Ingram. He plans to send ballots out in May. Discussion was held regarding a method to count only persons eligible to vote. Only ten votes can come from each unit. If one share is owned by more than one person, only one vote can be counted. John will get with Sue for the proper person to mail a ballot to in this event.

Don Hale advised the Board that because of his current health status, he will need to undergo radiation treatments, and therefore he was reluctantly withdrawing his position as President. The Board expressed its sorrow that this was necessary and expressed its appreciation for the excellent job Don has done during his short tenure. Ken Taylor said he would fill out this year as President if no one else could. Roy McLeod advised that he would be willing to accept the position to serve until November with the help of Don and Ken. Bob Avery nominated Roy as President. This was seconded and approved.

Discussion was held regarding the possibility of having two directors from one unit. In order to prevent possible “stacking” of board members from one unit, previous Board discussions held that only one member from each unit can serve on the board. However, in view of the fact that we do not ever have an over abundance of nominees, the current Board feels that we should abide by the By-laws which state any member in good standing can serve on the board. Ken made a motion that the Board rescind its earlier decision and stay with the wording at Art. V, Sec. 3 of the Association By-laws to allow any member to serve on the Board. Motion was seconded and approved. Roy McLeod suggested that we also discuss this at the annual meeting.

Additional Board Meetings

Diane suggested to the Board that in view of all the information presented to the Board, the work the Board is required to do, which has been increasing, and the various issues presented by the House Reps and individual unit owners, perhaps the Board should consider having an additional meeting during the year. Discussion was held and it was decided that if the Board feels it needs more time, it can call a special meeting according to the by-laws. Don Witosky thought this might be a good idea when budget preparation time approaches.

Treasurer’s Report

Don Witosky reported that a financial statement was sent out to the Board the first of February which shows our cash balance has decreased from about $29,000 to $21,000. This is not surprising due to the fact that a lot of our expenses occur in the first quarter but are not re-occurring, such as insurance, annual meeting expense and a rather sizable maintenance issue in Unit 10.

He reminded us that during our November meeting, the Board approved an increase in our monthly dues to the Association from $150 to $200 a month. He also sent a notice to the House Reps recommending that each unit budget accordingly. Don recommends that the Association target for reserves should be about $50,000. We are at $20,000 right now. This increase in dues will greatly help us in meeting this reserve. The reason being is that unknowns do happen, beach push, storms, etc. and the Association initially bears the costs of improvements to the common areas as well as the units themselves and there may be a month or so before funds are reimbursed by the units. He stated that if we can get to our target and start to have surplus, it is possible that we could roll back our dues.

Don did an annual audit at Sue’s office, sampling various checks and requesting documentation. This is the third year he has done an audit of Sue’s books .For every major expenditure he reviewed this year there has been written documentation for it. He told the Board that we have come a tremendously long way in improving our system of accounting. Another innovation is that up until the present time we would just get a bill for a lump sum for maintenance/repairs. Now each bill is itemized as to labor, materials, etc. He feels Sue has a very good handle on all the issues involving expenditures/receipts for the Association. He feels there is a difference as night and day in the way the financial accounting was handled several years ago.

At the House Rep meeting in January several accounting issues came up and Don was asked if he could explain them. The major issue was the quarterly financial statements Sue sends to the House Rep. He sent out a sample unit report and instructions on how to find what you are looking for. There was an issue in Unit 4’s budgets whereby this unit was being charged for all the paper supplies for the other units. They were then reimbursed at the end of the year. Don recommends to the unit owners that they take care of their own supplies. This is a house unit issue. Concerning firewood he suggests that an individual unit step up and allow the costs to come out of their budget and then be reimbursed. Ken suggested a certain amount be allocated out of each unit’s budget for supplies. Again, this is a house rep issue and needs to be addressed by them. Sue will work with Sheila, Miriam and Bob Beukema regarding this issue.

A request to have the quarterly statements sent electronically was discussed and will be worked by with Sue. Don reminded us again that he hopes the individual units are working with their budgets with the thought of upcoming large expenditures.

Insurance Report

Diane referred the three insurance reports she had previously sent to the Board as well as the House Rep.

She advised the Board that she had met with the agent Don Witosky had referred and spent several hours going over association and unit insurance matters. This agent was very impressive in that he seemed to be very familiar with condo/co-ownerships. She left our by-laws and Declaration of Unit Ownership with him for review.

Diane advised the Board that she wished to change agents due to the fact that our current agency has exhibited very poor service and nothing that she had tried to finalize had been accomplished. The new agent is David Little, of G.R. Little Agency in Elizabeth City. This agency has requested a retainer of $1,000 due to the volume of preparatory work. This retainer will be applied to the Association’s insurance premiums as soon as all policies have been transferred to that agency. Diane motioned that she be allowed to change agents and pay this agent $1,000 retainer to be reimbursed. Motion was seconded and approved.

The biggest issue we have is insuring the contents of the units. The reason being that the two documents the Association is guided by – the by-laws and the declaration of unit ownership - are ambiguous as to the owner of the contents and as to who is to insure them. We are going to have to have a legal opinion on this issue. The contents are currently insured under our commercial policy in the name of Port Trinitie Association. We do not want to find out at the time of a loss that the contents are not covered if they do not belong to the Association. Like so many other things, the insurance has been this way since the beginning of Port Trinitie. Diane continues to work on these issues and hopefully with the help of the new agent, matters can be settled by the end of this year.

Regarding the flood insurance, Mr.Wright has strongly recommended that we obtain current certificates of elevation from a registered land surveyor. The cost may be approximately $300 per unit however since FEMA has redrawn the flood plains and zones, our policies are outdated and may be incorrectly rated due to old elevations .Diane motioned that she get an estimate for new elevation certificates and e-mail this information to the Board for further approval. Motion was seconded and approved.

Diane Ashley legal issue

Mr. Trimpi has not received written communication from Ms. Ashley nor her attorneys in answer to his letter to her in October of 2006. Ms. Ashley called into the office and spoke with Mr. Trimpi’s partner for which we were billed $125.00. We do not know what this conversation entailed. Diane suggested that she contact Mr. Trimpi to see if we can get something in writing to close this matter. We need to know if Ms. Ashley understands that the Association will insure her unit at the expiration of her current insurance and will assess her for the premium as per Mr. Trimpi’s letter. Sue Braun told the Board that she spoke with Ms. Ashley who told her she had dropped the issue. However, we need to have this in writing.

Ken Taylor advised the Board that we have incurred over $800 attorney costs. If she is not going to abide with the rules and regulations and we have to take her to court, we will be able to recoup these costs. Diane suggested that she contact Mr. Trimpi for closure and a report on what the telephone conversation entailed. Ken made a motion that we finalize this matter with Mr. Trimpi and follow his suggestion as to how to proceed to recover our money. Motion was seconded and approved. Don asked if this motion gave authority for Mr. Trimpi to file for judgement if that is what he recommends. The Board will await Mr. Trimpi’s opinion.

Property Manager’s Report

Beach push currently in progress

Sue Braun went over a list of bids for work to be completed or has been completed –

Three – 4X8 pulloffs at boardwalks - $1350 – bid from Earl Kidwell. Board voted to approve this bid. Diane Kidwell abstaining.

Tennis Court poles – do not have bids yet to replace rusted poles

Tennis Court cracks – kill weeds, blow out cracks, fill cracks, smooth out for temporary repair until resurfacing is done next year - $800 – Earl Kidwell – Board voted to approve bid. Diane Kidwell abstaining.

911 Street Updates – completed – The Town of Duck would not name the side roads since all of them had a Duck Road address. The southern ones are 1402 AB&C and the northern ones are 1406 AB&C.

Soundside Pool resurfacing/ retiling bids - $7650 from Castle Construction - $27,700 from Precision Pools, Inc. includes Hydrazzo colored marble finish. Board voted to approve bid from Castle Construction.

Replacement of bolts and nuts on Oceanside decks. $750 bid from Earl Kidwell. Some units have been completed, others have not. Need to give unit owners deadline date for completion if they are going to do it themselves. Sue will poll owners. Board voted to advise owners to have this completed by April 30th.. Diane Kidwell abstaining.

Water Line Replacement – two bids at $10 per foot and $15 per foot under concrete. One bid from D&D for $8 per foot and $13 per foot under concrete. Board voted to approve bid from D & D Services.

House Representatives Chair Report

Sheila Dean presented the House Representatives Report in the absence of Chairman Bob Beukema. She first thanked the Board for all their work in the management of Port Trinitie. Sheila noted that several of the issues on her list which had been distributed to the Board had already been discussed and resolved such as walkways, bolt replacement, accounting procedures, and unit supplies.

Annual Meeting Expenses and Holiday Decorations issues were acknowledged by Sheila to be Board matters and would be discussed later in the meeting.

Clarification was requested on the septic tank issue. The House Reps wished to have a report on the condition of the septic tanks when they are cleaned. The Board stated that the cleaning of the septic tanks was the responsibility of the Association and would be done every two years. This subject had been thoroughly discussed at the November meeting. To have a detailed report on the condition of the tanks would be quite costly. Any report given to us by the septic tank contractor would be forwarded to the individual house rep. After lengthy discussion as to the proper time to clean the tanks, Don W. made a motion to change the time for cleaning to 3 – 5 years. Motion was seconded and approved.

Utility locations were requested by the House Reps. Septic locations and water line locations are on the Port Trinitie website.

Deck replacement – the Board had previously decided deck boards should be replaced as needed. Deck boarding is not a structural item and is the responsibility of the unit owner. See the Declaration of Unit Ownership, page 9.

Sheila stated that she feels the House Representatives have become an active group and look forward to a good working relationship with the Board. She would like to have the Board consider at some future time a place on the Board for the House Representative Chairman.

Port Trintie HomeOwners Association

Dan Tully and Susan Keith were in attendance to address the Board regarding issues pertaining to the Homeowners at Port Trinitie. Don Hale explained that Dan and Susan are trying to organize the Homeowner’s Association. Don asked Ken to briefly describe the position of the Port Trinitie Association (PTA) vs Port Trinitie Homeowner Association (PTHOA).

According to recorded documents, Port Trintie Homeowner Association is to have its own Board of Directors, By-Laws, and Covenants to govern the owners of the lots at Port Trinitie not included in the common areas of Port Trinitie Association. They are authorized two seats on the PTA Board of Directors. They can vote only on matters which relate to the homeowners which come before the PTA Board. According to these documents these lots and improvements thereon are not part of the Condominium and the owners of the lots are not members of the PTA and have no ownership in common elements of the Condominium. The owners of these lots are charged a monthly fee, equal to the fee assessed to each dwelling unit of the Condominium for the privilege of using the amenities and infrastructure owned by PTA.

There have been two lots owners who previously attended the PTA Board meetings. These owners no longer attend the meetings. PTA past-president Ken Taylor has suggested previously that the PTHOA activate their association and fulfill their responsibilities as required by the recorded documents. Ken has reiterated this position and contends that the lots owners need to be organized, and persons elected to represent all lot owners’ interest before recognition by the PTA Board.

Ken gave his suggestions as to how to proceed with this organization. Dan Tully stated that they had started contacting the other lot owners but had held up progressing further until they had attended this meeting and hopefully would be able to bring back information to give to them. Susan Keith stated that she was aware that the original vision of the developer of Port Trinitie did not materialize as planned and ultimately was finalized as homeowners and condominium owners.

One of the major concerns she has is the fact that the lot owners are paying the same fees as the condominium owners which have dramatically increased in the past several years. She would like to be able to report back to the lot owners how these fees are being used to fund the common facilities, i. e. amenities and infrastructures. She would like these costs clearly separated in financial reports. Both Sue Braun and Ken reminded her that the lot owners pay a fee to use the facilities. This fee is comparable to a ticket to use all the common/recreational amenities. These fees are used by the PTA for the administration, management, maintenance, taxes, repairs, legal fees, accountant fees, utilities, insurance, office supplies and expenses, etc on all common infrastructures. Susan brought up the subject of grass cutting – the unit owners’ grass is mowed, the lot owners’ is not.

Susan asked for PTA to reimburse postage to PTHOA to send letters to the lot owners. Ken motioned that we pay the postage for PTHOA to mail out the initial letter to each lot owner to emphasis the importance of making the PTHOA functional.

Don W motioned that if there no objection of the Board, by our next meeting Sue and he would work together to break out those expense items in the financial report which are included as part of the common and limited common elements and which ones are not applicable to the lot owners. Don cautioned that if this results in the lot owners’ fees being reduced, we may have to then charge our unit owners more than the current $200. Don will bring a cost analysis to the next meeting. Motion was seconded and approved.

Susan inquired about our walkways. Ken responded that the Board had voted to put in three 4 X 8 bypass sections and will add to them as time goes on to eventually replace our current walkway with a walkway 2 times as wide. No definite date has been set for this.

Unit 8 Septic System

Unit 8 has had septic tank problems and drain field problems and it was recommended by the septic tank contractor that if we clean this tank more often, we could possible prevent having to replace it for the time being. Board approved cleaning this tank again in early May, and checking with the contractor at that time as to the condition of the tank.

Skipjack Buildings

Per Vika Contracting (the contractor who performed the work on the decks) our current water leakage problem is not caused by their work. They found the cedar shake siding to be in poor and deteriorated condition with multiple cracks, gaps and separations. John Kip will find out what options we have in repairing or replacing the siding on the Skipjack units. The water has come over the top of the decking and penetrated behind the wall shingles and run below the new decking causing a leak in the master bedroom of #103 and perhaps other units. Do we replace all the siding, just the ocean side, or the east side. John will poll the other Skipjack owners as to what the majority of the owners wish to do. He will keep the Board informed.

Beach Push

A beach push is currently being done. The Board decided against sea grass or sand fence as neither remains for any length of time.

Annual Meeting Luncheons and Xmas decorations

Discussion was held as to whether we should continue with the annual meeting luncheons Diane motioned that we continue the annual luncheon and that we keep it under the amount of $1,500 as the Board approved in March 2004. Motion was seconded and approved.

Discussion was held as to whether we should continue with seasonal decorations in view of the expense. Sue reported that we do re-use these decorations and that Linda creates the scenes. Don reported that for Christmas we spent about $250 in decorations. Roy McLeod stated that he would personally like to see the money spent on decorations channeled into having our informational signs be presented in a more professional uniformed common look to present Port Trinitie in a better way. Sue said she could work on this as well as our entrance sign. Discussion indicated that these decorations were well worth the expense and effort.

Bob Avery motioned that we continue the seasonal decorations limiting the amount of money to $500. Motion was seconded and approved with one dissenting vote.

Owner’s Segment

Kathleen Libbey of Villa 1A asked the Board what could be done about the garbage cans piling up in her side yard. The Association has erected fences to shield them from the roadway, but this does nothing to hide them from her view. The Board understands her concern, however there is no real tried and true solution to this problem. Sue will see that all garbage cans are returned to their respective unit after collection. This may be a subject to discuss again at a later meeting.

Kathleen also noted that there are dead and dying bushes at her front door. Sue advised that these bushes are not indigenous to this area. Sue will work with the grounds maintenance crew to trim and or replace these bushes and be sure to keep surrounding grounds trimmed.

Thanks went out from all to Anita Coates for the great barbecue lunch. Don Hale thanked Roy for allowing us to have the Board meeting at his unit and the meeting was adjourned at 3:00 pm.

Respectfully submitted,

Diane Kidwell
Secretary, Port TrinitieAssociation

March 22, 2007

The Fall meeting of the Port Trinitie Association Board of Directors was held Nov. 4, 2006 at the Duck Fire House, Duck, N. C. The following Board members were in attendance: Ken Taylor, President, John Kip, Vice-President, Don Witosky, Treasurer, Diane Kidwell,, Secretary, Bob Avery, Don Hale and our newest Board member, Roy McLeod. Mr. McLeod will be serving out Dave Ingram’s term as Dave resigned his position earlier this year. Other Association members present were Noret Dovel, Unit 1, Julia Hale, Unit 4, Mike and Meg Gieseke-Smith, Unit 5, Kay Basnight, Unit 11, John and Anita Coates, Unit 2, Charlotte Witosky, Unit 6, Libby and Marshall Talton, Unit 4 and Carol Stark, Unit 103

Minutes of Previous Meeting.

Ken Taylor called the meeting to order at 9:20 AM. Diane Kidwell read the Minutes of the last Board meeting and they were approved as read

Policy and Procedure Addition.

Ken discussed an appropriate manner in which to correspond with a member of the Board when a unit owner has a problem. The necessity for this discussion was prompted by an owner who did not understand condominium ownership. This owner contacted one Board member and then another. Ken requested Roy McLeod to develop a procedure to follow when communicating with Board members to be put into the Board’s Policies and Procedures folder. After approval of this procedure by the Board, this procedure policy will also be sent to the house reps for dissemination.

Condominium Ownership and Taxes

Ken then reviewed condominium ownership for the Board and advised that he had put together all the recorded deeds, documents, addendums, revisions, etc and had Sue make a copy of each Board member. He also purchased accordion files for the members so that they can file these documents in order. This will greatly assist the Board members and their successors in understanding the history of Pt Trinitie. He also gave the Board members copies of tax parcel sheets he had obtained at the Clerk’s office. Ken has offered to continue to work with the Tax Department in his effort to have all the parcels taxed correctly. Bob Avery motioned that we accept Ken’s offer, Roy McLeod seconded this motion. The Board voted and approved.

Insurance

Diane gave a brief report on the insurance situation and a review of the commercial policies versus personal fire policies for the dwelling units. She noted that a new issue has arisen in that the contents coverage on the commercial fire policies may not be allowed since the Association does not own the interior of the units. It may be that we will have to delete the contents coverage we now have and re-write coverage for the contents in the name of the unit owners. This may necessitate an LLC agreement between individual unit owners. Diane will research this LLC arrangement, secure a quote for its preparation, a price for contents coverage, etc. and will hopefully have this information at the annual House Rep meeting in January.

Don Witosky advised Diane that there is an insurance agent in Elizabeth City who he believes may have found a way around the Insurance Bureau’s commercial requirement. Diane will contact this agent for more information. Don Hale will research LLC agreements for the Board

Election of Officers

The next item on the Agenda was the reorganization of the Board officers. Ken announced that he could not accept nomination for president. Nominations were made and accepted. The slate of officers to be approved were Don Hale – President, John Kip – Vice President, Don Witosky- Treasurer and Diane Kidwell - Secretary. Ken motioned for the slate to be approved, John Kip seconded, vote of the Board was unanimous.

Board members re-elected were Don Hale, John Kip and Don Witosky. Two seats to be vacated in November, 2007 are Ken Taylor and Roy McLeod. The election committee will be contacting each member in the coming year for nominations for these two seats.

Septic Fields

Ken brought up discussion regarding the septic tanks. We located all the septic tanks and fields. They all have been pumped. They all appear to be in good condition. Discussion was held as to how often they should be cleaned.. Diane motioned that we pump every other year. Bob Avery seconded and the Board voted yes.

Discussion was held regarding trees and roots invading septic systems. John Coates asked if encroaching trees could be removed. This would require Board approval.

House Reps Concerns

Libby Talton, representing Bob Beukema, Chairman of Port Trinitie House Reps, presented the Board with a list of concerns from the House Reps.

First item for discussion was signage on the two streets on the soundside. This is necessary for police, fire and rescue. Libby Talton advised the Board that a response to a 911 call at the soundside was complicated by the fact that 911 did not know which street/road was calling. Ken directed Sue to get with the fire chief and do whatever is necessary to identify each unit and/or road at Pt. Trinitie.

The House reps concerns regarding voting and ballots will be directed to the Election Committee.

The walkway requested across Rt 12 cannot be granted as the DOT cannot do it for everybody so they won’t do it for one or two places.

Regarding the walkways to the beachfront, Sue had estimates for the work and wanted it clarified by the Board. Ken directed Sue to start on the south sidewith 4 foot wide sections and as present walkways needed replacement, to replace them with 4 foot wide sections. Work should be completed by high season 2007.

The matter of the Skipjacks leaking was brought up and Sue advised that this matter had been taken care of and there currently are no apparent leaks.

Water line replacement, tennis court repair and deck repairs will be addressed during our projected budget discussion

Financial Projections and Budgets.

Don Witosky presented the Board with a draft of the PTA operating budget for fiscal 2007 and a projection for 2008. Detailed and lively discussion was held regarding the major repairs needed in the coming years and the need to build up reserves for these repairs. He advised that our present cash balance of $30,000 will decrease to almost nothing by the end of fiscal 2008 unless we either increase the association maintenance fee or make a general assessment when major repairs are needed. We could also choose to delay major repairs or completely eliminate one or more of the major repair projects.

Discussion was held on each of the major repairs as to whether or not they were necessary and as to when they should be done. Ken advised the Board of the necessity of having an adequate cash reserve and suggested an increase in the association dues to $200 per month. Diane motioned that we increase the Association dues to $200 per month effective April, 2007. John Kip seconded the motion and the Board voted yes.

Don will finalize this budget and re-submit it to the Board. After Board approval he will then send it along with a detailed explanation to the House Reps and a recommendation to them that the unit’s reserve budget be examined very closely so that they will be able to meet expenditures billed back to their unit.

Marshall Talton, Unit 4, presented the Board with written specifics for the replacement of deck bolts. This job may be done by the individual units if they so desire.

The tennis court repair will be done as recommended by the House reps – the cracks will be blown out and filled with asphalt crack filler. Sue will take care of this. Projected resurfacing to be done is fiscal 2008.

Water lines from meter to shut off valve on all Spinnaker units will be done in fiscal 2007. D&D will put in an accessible shut off valve at each unit.

Sue presented an estimate for gas fireplace inserts for the Skipjacks. John Kip will take care of advising the Skipjack unit house reps of this estimate before their January annual meeting.

Clarification was made regarding Association costs vs unit’s cost – common elements are Association costs – limited common elements are Association responsibility but billed back to individual units. Definitions of common elements and limited common elements are in the Declaration of Unit Ownership.

An announcement was made that the general meeting and luncheon would be held this year at the Hampton Inn in Corolla.

There being no other old or new business to discuss, the meeting adjourned at 12:30pm.

Respectfully submitted,

Diane Kidwell
Secretary
Port Trinitie Association

December 4, 2006

The Spring meeting of the Port Trinitie Association Board of Directors was held in House Unit #5 on March 11, 2006. The following Board members were in attendance: Ken Taylor, President, John Kip, Vice-President, Don Witoskey, Treasurer, Diane Kidwell, Secretary, Bob Avery, Dave Ingram and Don Hale. House reps attending were Libby Talton, Unit 4, Mike and Mary DiGrassie, Unit 6, John Coates, Unit 2, Don Faircloth, Unit 11. Two of the Board members also serve as House Reps – Dave Ingram, Unit 8 and Bob Avery, Unit 418.

Ken Taylor called the meeting to order and introduced Bob Beukema, House Rep for Unit 414. Bob was elected Chairman of the House Reps at their annual meeting Jan. 21, 2006. He addressed the Board with major concerns from the House Reps discussed at their annual meeting.

First on the list being the disrepair of the Skipjack units, i. e. interior water damage, deck rotting, and chimney replacement/repairing. Sue presented a quote for repairs to the decking and informed the Board that she had another quote in her office. The Board asked that she compare the two and also obtain bids for fixing the chimneys and/or installing gas fireplaces. When final bids are in, the Board will give final approval for this work to begin. The Board agreed that these repairs were of primary importance. A question was raised regarding repairing the roofs so that they will not rot in the future, i.e. add more slope or perhaps put a roof over the decks. Sue will question the contractor about this also.

Bob next discussed the proposed deck at the north end of Pt Trinitie beach. Units 1 and 2 have polled their owners and are against this deck. A motion was made for no observation deck at Units 1 and 2 and seconded. Therefore, it is the Board’s decision that the deck will not be built. There will be further discussion regarding the stairway to the beach and the widening of the walkways both at the sound as well as the oceanfront. Sue is to get some prices.

Toni Conger, Unit 5, had asked Bob to have the Board re-address the issue of establishing a crosswalk across Rt. 12 to the soundside from the Oceanside. Sue stated that this would have to be directed to the Town of Duck.

Replacement of polybutylene water lines and cleaning of septic tanks was discussed and Sue will get estimates for replacing all water lines from the meters to the junction boxes on each house. After the fields and tanks are marked, Sue will contact someone to inspect the fields and make a determination as to the cleaning of all tanks.

Deck repair/refurbishment for all units was discussed. Ken will give a report to the Board during today’s meeting regarding requirements for this project.

Bob relayed the House Reps concerns that the Board acted improperly at its Executive Session in December, 2005 in placing Sue Braun on probation. Ken addressed this issue and explained that the Board has the authority for closed sessions for personnel matters and in this instance, the personnel matter involved a Port Trinitie Association contractor and had nothing to do with the work for hire agreements between the house owners and Sue Braun. Bob stated that owners need to be informed of Board’s decisions which affect all homeowners.

Lastly, Bob stated that the House Reps are concerned that the Board appears complacent about addressing some maintenance needs as evidenced in the past and wishes to have the Board approve or disapprove action on each item as it is presented to the Board.

Ken thanked Bob for his presentation and assured him that the Board will act on all valid House Rep concerns.

The Minutes of the November, 2005 Board meeting were discussed and approved.

Ken announced that the Board would be going into closed session to discuss personnel matters. He prefaced this announcement by citing the rules regarding this action as written in the Privacy Act of 1974.

After this session, Ken announced that Sue’s Work for Hire Agreement has been continued.

Ken asked Diane for an insurance update. The insurance agency together with the insurance company is currently working on a revised amount of coverage for each unit. They will prepare a current cost replacement estimate and recommend proper coverage under the new commercial policies. Diane will prepare an insurance report update as soon as she receives the new information. Diane also asked the Board to approve her contacting the unit owners who are carrying their own insurance in an effort to ascertain the particulars of their individual policies. According to the Declaration of Unit Ownership, the Pt Trinitie Association should be the named insured on every policy affecting the condominium. Bob Avery motioned that we follow the DUO requirements, the motion was seconded and approved. Diane will contact these unit owners for compliance with the DUO.

Sue gave a report on the tennis court and pool refurbishment. She has estimates of $7,500 per pool for tiling and resurfacing and $8,000 to re-coat both tennis courts. She stressed that this needs to be addressed for next season. She will check on fiberglass pools, however she noted that the Town of Duck will not let us replace the pool on the soundside. If we want to keep it, we have to repair it.

Ken gave a lengthy presentation on lumber products, preparation and re-construction of our individual decks. As stated at the November Board meeting he may be able to purchase the lumber needed at a discount once the Board decides how to approach the repairs. Libby Talton suggested we needed a structural engineer to inspect the decks so that we will know stress factors, etc. before going forward. She knows someone who would probably do this for us in return for a visit to the beach. Diane motioned to table this until we hear from Libby. Motion was seconded.

Libby Talton inquired as to whether a selected House Rep could automatically be a member of the Board and represent the unit owners’ concerns.. Ken replied that this would mean the BOD would be comprised of eight members, thereby necessitating an amendment to our By-Laws with a vote from 2/3 of all unit owners. Discussion followed and it was decided that Bob Beukema, current Chairman of the House Reps, will represent the House Reps at Board meetings and each succeeding House Rep Chairman would likewise.

Motion was made and seconded to include the House Rep Duties into the Association’s Policies and Procedures manual.

Under New Business – Ken suggested we obtain a website for PTA with Don Hale as webmaster in view of the superb job he has already been doing. Don will research the idea of owners having a password in order to access sensitive information. Diane motioned to fund a website, motion was seconded and approved.

Don Witoskey reported on his audit of the Association’s account. He went over the line item recommendations discussed at the November meeting and his suggestions for Sue to follow. He advised that it appears that Sue has implemented these directions and overall there has been a marked improvement in the accounting procedures. Diane inquired as to how our reserves will continue to increase in order to pay for upcoming capital improvements such as pool refurbishment, tennis courts, road repairs, etc. Diane asked whether an increase in association dues was appropriate at this time. Don responded that based on the calculations made last year for reserves, we need to wait to determine over the next few years what our funding will be for these expenditures so that we will know whether a dues increase would be necessary versus a one time special assessment.

John Kip discussed the expiration of Director’s terms coming up in November. There will be three seats open – Don Hale, Don Witoskey and John Kip. John Kip volunteered to send out letters this week requesting nominations. He will then send ballots to all members, to be returned to Bob Avery. Bob and Noret Dovel will count these votes.

Ken asked for any input from the House Reps. John Coates wished to emphasize the need to adequately assess the septic field situation, since it will cost about 10 times the amount if we wait until the fields clog to do something about a problem we could solve now.

He also inquired as to the actual number of our membership. Ken replied that with 26 condos we technically have 260 ownership shares. Some units are wholly owned but they still have the financial responsibility of ten shares. The 32 housing lots in the subdivision are responsible for one share each. They do not actually own any of the common property, they simple pay a user fee to use our amenities. When we have to make an assessment, these property owners would be assessed a 1/10 share of what we assess each dwelling unit.

John also inquired as to whether Port Trinitie has some type of depreciation schedule so that the unit owners would be able to anticipate upcoming expenditures in an effort to plan financially for this. Ken responded that we are moving towards that end and Don Witoskey, our treasurer, is currently working on such a schedule. Both Don and Ken agreed that this is of most utmost importance and we most definitely will accomplish this in the near future.

Diane requested the removal of a tree at the end of Unit 10 driveway. Bob Hill had inquired if this could be done due to his inability to place trash cans on the other side of the fence at this point. Ken asked Sue to take care of the tree removal.

There being no other business to discuss, Diane motioned to adjourn, motion was seconded. Meeting adjourned at 2:20 p.m.

Respectfully submitted,

Diane E Kidwell
Secretary, Port Trinitie Association

April 15, 2006

The Fall meeting of the Port Trinitie Association Board of Directors was held November 12, 2005 at the Duck Firehouse. The following Board members were in attendance: Ken Taylor, President, Don Witosky, Treasurer, Diane Kidwell, Secretary, Bob Avery, Dave Ingram and John Kip. Ken reported that Don Hale, Vice-Pres. could not attend due to medical reasons. House reps attending were John and Anita Coates from Unit 2, John and Joan Witt representing Toni Conger from Unit 5, and Kathleen Libbey, Villa 1A. Don Steger, the Assoc accountant and Sue Braun, the Assoc property manager were also in attendance. Ken took this time to express to Bob Avery the Board’s get well wishes for his wife, Grace, who is undergoing another series of chemotherapy.

The meeting was called to order and the first item on the agenda was the election of officers for 2006. Don Hale had previously advised Ken that he felt he needed to step down as Vice-Pres and not be considered for an office. He wishes to still serve as a Board member. The Board wishes him well and is looking forward to his continued and valuable service.

The following board members were nominated and elected: Ken Taylor, President, John Kip, Vice President, Don Witosky, Treasurer and Diane Kidwell, Secretary. Ken announced his pending retirement after his current Board term. He also does not wish to accept a nomination for president for 2007. He will be on the Board for a smooth transition his last year. Ken feels that, along with the other Board members, he has accomplished his major goals and that someone else needs to step forward and bring new ideas and goals to the Board.

Ken Taylor introduced Don Steger, the Association’s accountant. Don made this trip to visit the Outer Banks and acquaint himself with Port Trinitie’s location and amenities to better understand the financial outlays of the Association. He will also make himself available for any questions/comments at the general annual meeting following our Board meeting.

The minutes of the Spring meeting of the Association were reviewed and approved.

Bob Avery approached the subject of the house rep annual meeting and wished to confirm that the Board had given Diane the responsibility of bringing house rep issues to the Board. Diane stated that she had not received any input from the house reps during the year and questioned whether a meeting was necessary this year. Discussion was held re the purpose of these meetings. Dave Ingram suggested that the house reps need to organize themselves, elect a leader and perhaps rotate annually the responsibility of setting up the meetings, choosing the meeting unit, etc. The Work for Hire Agreement contracts need to be reviewed and renewed annually. Ken reiterated his feeling that these meetings need to be productive. Diane will send out a letter in Dec re the next house rep meeting. John Kip inquired as to whether Diane had received all the House Reps confirmation of votes. Diane will send a follow-up letter to request compliance.

Ken Taylor requested that the Board convene in a closed session to discuss the Work for Hire Agreement and personnel. The Board was in closed session for 45 minutes.

The Board reconvened and Ken announced that only personnel matters as they related to the Work for Hire Agreement were discussed by the Board and no other business was discussed.

Next on the agenda was 2005 projects. Ken thanked Diane for handling the power washing. Most everyone was pleased with the results, although there were a few people who had wanted the units stained. Unfortunately, the Board cannot always satisfy everyone and due to the financial condition of several units, the Board had voted to just clean the units this year and consider the project on a year by year basis.

Ken discussed the condition of the grounds. A leach field was put in at the Skipjack units. Overall the grounds are looking very good. Linda has done a tremendous job in keeping the grounds in good shape. Fortunately, we didn’t have to spend money on damage from storms or do a beach push, no steps were washed away. Some remodeling and rewiring was done on the gazebo. Ken would like to see some kind of lighting on the sign on the west side of the road coming into Port Trinitie. Sue will get estimate.

New motors were replaced in both pools. Sue suggested that we start thinking about the re-surfacing of the pools, lining and tile surrounding pool. This work is estimated to be approximately $10,000. Sue also mentioned the re-surfacing of the tennis courts in the near future.

Don Witosky distributed a copy of the Association’s Financial Policies and Procedures to each Board member. This list of policies and procedures, developed by Don in his capacity as Treasurer was discussed at the Board’s Spring meeting. Each policy or procedure was approved by the Board and will now become a part of the Association’s Policy and Procedures Manual.

Sue Braun gave the Property Manger’s report. She read a list of repairs and replacements made to the units. She reported that the town of Duck had complimented the look of our community and has entered us into the Best Seasonal Display Community Appearance Award Program. Ken asked about the water problem in Unit 10. Bob Hill had suggested guttering on house to divert excess water. Sue will keep an eye on the water drainage.

Sue presented the Board with three estimates for repair/replacement re chimneys and decks for the Skipjack units. Skipjack bedrooms are leaking. The chimneys need immediate attention. She advised that the decks are leaking and that all the Spinnaker decks need work. Boards are too thin and many are cracked. Sue has asked the Board to consider these estimates and advise as to how she is to handle this work.

The Board discussed expenditures for this work. Diane suggested estimates for gas fireplaces to eliminate chimney repairs, relining, fire liability, etc. Ken reminded us that the chimney is the Association’s responsibility; the fireplace is a unit responsibility. Diane will get estimates for gas fireplaces, installation, etc to be able to present this to the unit reps as an alternative.

Ken discussed replacement of the decks. He has had years of experience in working with lumber and types of wood. He discussed the pros and cons of the materials and workmanship which has been done in the past versus what needs to be done for the future. He discussed giving the house unit owners an estimate of what it will cost to replace the decks and let them decide if they want the Board to have this work done or whether they wish to do it themselves. He also mentioned that he may be able to obtain a truckload of decking boards at a substantial savings, if the Association would be able to pay for this upfront and store it. He estimated the Spinakker units would probably require 8 to 9,000 board feet as an example. Diane motioned that Ken get an estimate on the cost of decking boards needed. Bob Avery seconded the motion. He will have this estimate for the Board’s March meeting.

Sue will get an estimate of cost to resurface tennis courts so that we will have an idea of what we need in reserves for the future.

Ken will pursue options for waterproofing the Skipjacks decks.

Sue also reported that the Association will not be able to use the fire department for future meetings. The Board will have to determine our next meeting place.

Diane gave insurance report. We had slight increase in liability premium. We are in the process of obtaining new D&O insurance. The condo fire policies increased on average of $100 per unit as well as the flood premiums. The fire policies may have to be changed to commercial rating. If so, we may see a substantial increase in fire insurance premiums. We need to be very careful in filing claims, as the insurance company can increase our deductibles for non-weather related claims Property agent needs to make a good thorough walk through each week in an effort to discover any damage made by the occupants. They need to be made liable for any damage.

Don Witosky will meet with and review the end of the fiscal year financial statements before reporting on the potential revision to the budgets due to all these current financial conditions. He will e-mail the Board members.

The Port Trinitie Subdivision issue was discussed. A question was submitted to the Board by a privately owned homeowner regarding lawn care for the common areas versus lawn care for privately owned lawns. Ken had requested Sue to provide each Board member with the By-laws and the Covenants for the subdivision. These clearly state that the private owners would pay the same dues to the Association as the condo unit owners. The Association is only responsible to provide lawn care for the common areas. Comments were also made that we need to encourage the Subdivision owners to activate their homeowner association.

Ken opened the floor to discussion from our attending house reps. John Coates, Unit 102 reported on a number of maintenance items he has observed to be in need of attention such as caulking, rusting of outside items and a concern regarding septic tank cleaning. He feels we probably should have scheduled cleanings to avoid overflowing problems. Mr.Coates was inquiring basically, who is responsible for bringing these items to the attention of the Board.

Ken responded that all required exterior maintenance is a combined responsibility of the Assoc and the unit owners i.e., the house reps. The property manager represents the Board in this area and works with the Board to accomplish needed repairs. Any unit owner can, if they so desire, make minor repairs as long as the repair does not change the appearance of the unit.

Mr. Whitt, representing Toni Conger, Unit 5, inquired as to what can be done about putting trash cans back after they are emptied. The town of Duck’s ordinance requires that cans are taken back from the street. The Board will check this ordinance and work with Sue regarding this problem.

A crosswalk across the main road for sound access was suggested. The Board will contact DOT.

Kathleen Libbey, Villa 1A, discussed with the Board the property behind the villas to determine whose responsibility it is to maintain this. She also stated she felt the walkway on the north side for oceanfront access needs more clearing and possibly widening.. Beach access signs would also be helpful for all beach goers as well as signs on the beach for returning to Port Trinitie.

Ken thanked our guests for their input and assured them that the Board will consider these items in the coming year.

With no additional business to discuss Bob Avery motioned for adjournment, John Kip seconded the motion and the meeting adjourned at 12:20pm.

Respectfully submitted,

Diane Kidwell
Secretary, Port Trinitie Association

The Spring meeting of the Port Trinitie Association Board of Directors was held March 19, 2005 at the Duck Firehouse. The following Board members were in attendance: Ken Taylor, President, Don Hale, Vice-Pres., Don Witosky, Treasurer, Diane Kidwell, Secretary, Bob Avery, Dave Ingram and John Kip. House representatives attending were Barbara Richardson and Bucky Shell. Sue Braun, the property manager was also in attendance.

President Ken Taylor called the meeting to order at 10:10 am and welcomed everyone in attendance. The Minutes of the Fall meeting were approved and accepted.

Ken announced that he had been successful in having our revised by-laws and declaration of unit ownership recorded with the Registrar of Deeds of Dare County. This was accomplished on November 15, 2004. He distributed the first and last pages of each document to the Board members. He also distributed a copy of the Articles of Incorporation to each Board member. Bob Avery thanked Ken for all his hard work and perseverance for a job well done.

Ken informed the Board that the Association is governed by four documents, the By-Laws, Declaration of Unit Ownership, Articles of Incorporation and N.C.G..S. Unit Ownership Act 47A. With reference to a continuing issue which has been referred to as an “umbrella agreement”, Ken stated he cannot find anything in these documents giving authority to the Association to manage individual units. The Association’s duty is to manage the condominium, common elements and infrastructures

Ken stated that he feels the Board has received nothing of value from the House Reps annual meeting. He stated he does not feel anything is accomplished at these meetings and he questions their progress. Diane disagreed with this belief and stated that she had sent all Board members minutes of all three meetings. He asked Diane to obtain, in writing, the vote from each unit dwelling for the appointment of their house representative. This is required by the Declaration of Unit Ownership.

Dave Ingram noted that during the Board’s last meeting Ken had appointed Diane as information officer to bring issues to the Board from the House Reps. Dave felt that this is feedback from the unit reps. Diane said that she does have a list of issues to discuss at this meeting. Ken agreed and said he would hear the issues later. Bob Avery asked if Diane is the feedback to the Board. Ken agreed.

Ken distributed an “Agency” powerpoint presentation and asked the Board members to study this to determine if the Board wants the responsibility of becoming the “agent” for the management of the individual units which he feels we will become if the “umbrella agreement” materializes. Diane Kidwell disagreed with this opinion and stated that the “umbrella agreement” was not asking the Board to “manage” individual units. Ken appointed a committee to study this issue. This committee will tentatively be Bucky Shell and Richard Mills.

Ken also distributed a document he authored entitled “Port Trinitie Association Policy Committee Studies and Decision Papers” which he feels the Board could adopt as guidance on Committee studies, problems, reports, etc. presented to the Board for action. Don Witosky suggested that the members take some time to study these papers and report back through e-mail. Ken would like the “umbrella committee” to follow this Paper.

John Kip reported on the nominations for the upcoming Fall election of two Board members. He has three responses. Ken asked that he send a second request for nominations with a cutoff date of June 30th. John Kip and Don Hale will get together and count the votes.

Don Witosky, Treasurer, gave a very comprehensive report on his financial review of the Association’s finances. Don met with Sue Braun on March 3, 2005 for several hours, which resulted in a number of financial internal control recommendations. These recommendations are based on his experience of 25 years as a chief financial officer. He thanked Sue for the time she gave him out of her busy schedule. He did not perform a formal audit per se, but he did take a sampling of invoices, checks, financial transactions, etc. He stated that it did not appear that a significant, in-depth financial review had been done in the history of the Association and that we all, as Board members, have a fiduciary responsibility to the members of the Association to continue with financial audits and reviews.

Don went over each recommendation and answered questions from the Board.

The Board discussed and voted to have accounts 4100 and 4200 deleted from the Association’s account. These accounts were set up for receipts and payments pertaining to wholly owned units and as such should not be paid through Association accounts. Diane made a motion that only monies authorized by the Declaration of Unit Ownership to be paid by the Association shall be handled by the Association accounts. This was seconded by Bob Avery. After discussion on the remaining twelve recommendations, the Board voted to have Don prepare recommended financial policies and submit to each member of the Board for approval and adoption. These policies would then be placed in the Association’s policy and procedures folder.

Diane gave a brief report on the Association’s insurance coverages. Discussion was held regarding Certificates of Insurance for contractors and a bond policy for Sue. Diane will make some more inquiries as to the cost of this insurance for Sue. We also should be getting a large refund from a duplicate policy which has been recently cancelled. Diane is also in the process of trying to change an incorrect rating on the unit’s fire policy which should result in a reduction of premium.

A report was given by Diane concerning her investigation into having our roads inspected by a State engineer with the possibility of turning the roads over to the State. The DOT State official informed us that since Duck has now incorporated, the DOT cannot add roads which are located within the municipalities. Therefore, our road would not qualify. We need to keep this in mind when building reserves for the Association.

The result of a survey of Unit 9 was that seven of the ten votes in that unit did not want the proposed front stairs as requested by Unit 10 owner, Bob Hill. The Board therefore voted not to approve these stairs. Ken Taylor will contact Bob Hill with the Board’s decision.

Diane gave a report on the House Reps issues ----

On the request to have the Duties for House Representatives become a part of the Association’s resolution book or an addendum to the Declaration, the Board did not approve. Recommendation was to send a copy to the Board for their information only. The Board does not have a Resoution book. It is recommended that each new house rep be given a copy of these duties.

On the request to have the annual house rep meeting become a part of the Association’s resolution book or an addendum to the Declaration, the Board did not approve. Recommendation was that the Board would make every effort each year to allow two days during shutdown for this meeting however, the house reps must make every effort to consider Sue’s efforts to have maintenance and cleaning accomplished during this time. It is recommended that the House rep meeting host be selected on a rotation basis.

On the Skipjack and Villa and Pools water meter issue, lengthy discussion was held and Sue Braun detailed how she estimates each unit’s usage. Alternatives were discussed and Sue gave the Board estimates she had for separate water meters. These estimates did not include the installation of water pipes, etc. Ken suggested that we put flow meters on the hoses and the Association will pay the metered charge off the front end. The Board approved this measure and will install these inexpensive meters vs. the only alternative - very expensive separate meters from the water company.

On the Umbrella Agreement issue - after much discussion the Board voted to have Ken appoint a committee to research for answers to the many questions involved in having the Board hire an agent to manage the individual units. He will ask them to follow the Committee Studies and Decision Papers he distributed early in the meeting. Diane reiterated that she felt the main issue with the umbrella agreement was not the management of the units, but the hiring of an agent to manage the units.

On weight capacity notices to be displayed on decks - there is no way we can determine the weight capacity of individual decks. The decks had to pass county building inspections at the time they were constructed.

On correcting owner names on county tax parcels - the Board is studying this issue to see how this can be done.

On the doggie droppings - Sue has placed many new signs asking people to clean up after their pet. Anyone observing a person walking their dog without also carrying a bag, should speak out to the person on this issue. Unfortunately, there is no way for the Association to monitor this problem. There is a county ordinance against not cleaning up.

Ken brought up the problem Unit 10 is having with water from Unit 11/12. Sue is working on having this corrected. She will report back to Ken.

Don Hale reported that he is still working on Port Trinitie website. If anyone has anything to submit, please do so.

John Kip stated that he feels the majority of our members do not understand the duties of the Board versus the House Reps, unit owners, etc. and suggested perhaps at an annual meeting this matter could be fully explained, - maybe on a flip chart.

Ken opened discussion on the maintenance of the exteriors of Units 1 - 12 and the Soundside. He asked if all the Board members had seen the job that D&D is doing on the Skipjack unit. Diane said she had looked at them this morning and she did not like what she saw. John Kip had also looked at the units and concurred that there were places that appeared not to have been properly done. Sue stated that they were not yet finished and that they would work on it until it was done right. The Board discussed the pros and cons of just power washing vs. power washing and staining. Since several of the units are having budgetary problems, perhaps we will just power wash and even if it has to be done again next year or in two years, it would be easier on the unit’s budgets. Bob Avery motioned that we just do the power washing, Diane seconded and the Board voted unanimously. Discussion was held as to whether we wanted D&D to do of the work. It was suggested that we have to wait to see what Skipjack looks like when it’s finished before we make a decision. We have a bid from D&D for power washing. Diane suggested that we get other bids. Don Witosky reminded the Board that we had just decided that we need three bids for any work over $1,500.

Ken suggested that we obtain more bids and that we request bids from other contractors for the same work which D&D has bid. The Board agreed. Diane will do this, with bids requested by 3/31/05, for work to be completed by June 1st, weather permitting.

John Kip brought up the 60 year provision in the Declaration of Unit Ownership and read the statement from a deed. The Board has discussed this at other meetings and tabled for future discussion.

Don Witosky addressed the Board with his recommendations for an increase in monthly dues. We have not had an increase in Association dues since 2000. The current unit’s monthly dues are $115 and our cash reserves decreased from $34,000 in fiscal 2003 to $15,000 in fiscal 2004. He submitted his figures of what would be necessary in order to have our current cash on hand equal 75 days of operation. We also are looking at approximately $20,000 over the next three years for major repairs for the pools. Don recommends an additional $10,000 for unknown repairs. Diane stated that we need to be thinking about reserves for the roads. Don’s recommendation is to raise our monthly dues to $150.00. This would mean an additional $3.50 per unit owner. The Board voted unanimously to accept this recommendation effective July 1, 2005.

Dave Ingram asked if there was a quarterly report of the financial condition of the Association. Sue will send all Board members a copy of the quarterly report.

The Board set the next meeting for Nov. 12, 2005 at 9:00 AM. Sue will make arrangements for the Board to meet at the Duck Fire Dept. The general meeting will be at 1:00pm following lunch at 12:00pm. Lunch and meeting will be held at a place to be determined.

Diane made a motion for adjournment. It was seconded by John Kip. Meeting adjourned at 4:00pm.

Respectfully submitted,

Diane E Kidwell, Secretary
Port Trinitie Association Board of Directors

The Fall meeting of the Port Trinitie Association Board of Directors was held November 6, 2004 at the Sunset Grille in Duck, N. C. The following Board members were in attendance: Ken Taylor, President, Don Hale, Vice Pres., Diane Kidwell, Secretary, Don Witosky, Bob Avery, John Kip and our newly elected member, David Ingram. Our out-going Board member, Dick Dovel was present, however did not sit at the Board. Also attending were Richard Mills, the first alternate. House representatives attending were Toni Conger, Carol Stark and Irene Metzger.

President Ken Taylor called the meeting to order at 9:00AM and welcomed everyone in attendance. Each member re-read the Minutes of our Spring meeting. Don Witosky motioned to approve and accept the minutes as read. This motioned was seconded by Don Hale. All members voted aye.

President’s Report - Ken Taylor reported on the status of the revised and amended By-Laws and the Declaration of Unit Ownership. The final drafts of both documents have been returned by the attorney. The attorney, John Trimpi, reviewed these documents in detail and has reported to the Board that they appear to be in good form and in keeping with the laws of North Carolina governing this type of co-ownership. Every member of PTA was sent a package containing the revised By-laws and the Declaration of Unit Ownership together with a ballot, a return self-addressed envelope and a letter requesting they review the documents and return their vote to Diane Kidwell by Sept. 30, 2004 as 70% favorable votes were required for adoption. Diane Kidwell reported that we met the 70% with 179 yes 2 no votes. One matter Mr. Trimpi brought to our attention was the provision under Sec. 18 Paragraph P (a) which speaks to the termination of the co-ownership interests at the end of 60 years from the date the dwellings were submitted to the Declaration of Unit Ownership. Mr. Trimpi was not sure why this wording was in the declaration, but suggested that we follow-up on this matter at some future date for a clarification and perhaps an amendment deleting this wording if it is found unnecessary.

Motion was made by Diane Kidwell that the Board adopt the revised documents as they are currently so that we may record them with the county and table the “60 year” matter until the Spring meeting for further consideration. Bob Avery seconded and the vote was unanimous. Ken Taylor will prepare the documents for recordation along with exhibits and will have them recorded in Dare County as soon as possible. Don Hale thanked Ken and the rest of the Board for all their work in this regard. Ken advised the Board that a package will be put together to give to all future purchasers at Port Trinitie containing the By-laws and the Declaration of Unit Ownership.

Adoption of Board attorney - Motion was made by Bob Avery that the Board appoint John Trimpi as PTA attorney for all future legal matters. Mr. Trimpi is located in Elizabeth City and is therefore convenient and also has reasonable rates. This motion was seconded by John Kip,, vote was unanimous.

Adoption of Accountant - Ken Taylor reported that we have hired a new accountant, Donald Steger, who has already been working with Sue to up-date systems. He will be reviewing P&L’s, and doing spot audits in an attempt to have both the Association’s and the unit’s finances running smoothly. He will also perform an annual audit of the Association income and expenditures. Ken Taylor also advised the Board at this time that we need to review this year’s financial status and may have to consider an increase in Association dues. Don Witosky was appointed by Ken to meet with Sue and review our expenditures and report by the Board’s Spring meeting as to our state of affairs. Don will report prior to the end of the year regarding our need for an increase in dues.

Sue Braun gave a report of the Association’s financial condition as of Sept. 30, 2005.

7 was elected to replace Dick Dovel. Bob thanked Dick Dovel for all his very hard work and dedication to this election. John Kip was appointed as nominating/election committee chairman for the two seats to be vacated by Diane Kidwell and Bob Avery in November 2005.

Election of Officers - The Board elected its officers for the coming year as follows: Ken Taylor, President, Don Hale, Vice Pres., Don Witosky, Treas. and Diane Kidwell, Secretary.

House Reps Issues - Lengthy and heated discussion was held with views expressed by Richard Mills, Ms. Stark and Ms. Metzger regarding the deteriorated condition of Unit 104 as well as other matters needing attention for 101, 102 and 103. Ken Taylor assured Ms Metzger that the work will be done before spring. Phil Todd of Unit 104 had sent a very comprehensive estimate for power washing/painting and window replacement. The Board agree to hire D&D to power wash and paint the Skipjack units only. After that work is finished, the Board will consider other units. Richard Mills asked Ken to confirm that the PTA will pay for this work and then bill each unit.

Robert Hill in Unit 10 sent the Board rough draft plans to put a stairway in the front of his unit from the balcony off the kitchen down to the ground so that he can access his grill more conveniently. Discussion was held regarding the impact of this on the other unit owners. Ken will advise Mr Hill to check with the attached Unit 9 to see if he has any objections. Perhaps one set of stairs could be put in to accommodate both units. Other board members suggested that the board survey all the oceanfront units before approving these plans as this construction would definitely impact the curb appeal of all units.

Road issues - Ken reported to the Board that Diane had mentioned before the meeting the possibility of having NCDOT give us an estimate on what we would need to do to the existing roads in order to have them taken over by the State. As we believe this is a free estimate, Diane can check with DOT to find out just what needs to be done and report at the Spring meeting. Bob Avery motioned that we proceed with this estimate, David Ingram seconded and the vote was unanimous.

Weed/grass cleanup - Message was sent to the Board regarding some weeds that need to be taken care of around the soundside area and 415. Ken has asked Sue to contact the wetlands people to see if they would possible come out to tell us just how much we can clear/clean. We will proceed from there.

Umbrella Agreement - Richard Mills brought up the issue of the umbrella agreement that the unit reps had requested be put into the new by-laws. Ken explained that our major thrust regarding the by-laws and the declaration was to have them recorded as quickly as possible as we have been working on them for two years. The issue of the umbrella agreement will require an exploratory committee to investigate our legal aspects of instituting an agreement of this sort. Diane told the Board that our attorney had questioned whether our problem is severe enough to warrant a major revision. David Ingram brought up discussion on the subject of allowing house reps and owner’s to have an avenue to express to the Board their feelings on issues important to them. Our attorney had suggested the Board appoint a member of the Board to act as a liaison between the house reps and the Board. Ken asked Diane to accept this responsibility. She will attend the yearly unit rep meetings. Ken gave a copy of a draft proposal for a Work for Hire Agreement to Toni Conger to distribute to the other house reps.

The annual meeting of the house representatives will be Jan 21st and Jan 22, 2006. Further information will be communicated to the house reps by Bucky Shell.

Policy and Procedures Folder - Ken Taylor presented the Board with a proposed Policy and Procedures Folder outlining the property managers duties for the Association and the Agent duties for dwelling units. He emphasized that this is an initial manual and can be added to or deleted from as necessary. Bob Avery motioned that we accept this manual, Don Hale seconded and the vote was unanimous. A copy will be given to each house rep.

PTA Work for Hire Agreement - Don Witosky motioned that we approve the work for hire agreement as read. The motion was seconded by John Kip and the vote was unanimous. This agreement between Port Trinitie Association and Sue Braun will be effective Jan. 1, 2005 for a period of one year.

The Board set the Spring meeting for March 12th, 2005 at 9:00am.

Bob Avery motioned that the meeting adjourn, John Kip seconded this motion and the vote was unanimous. The meeting adjourned at 12:05 pm.

Respectfully submitted,

Diane Kidwell Secretary

Approved as Read: _______________________

Ken Taylor, President Date:______________________

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