Lake Diane Property Owners Association
Monthly Board Meeting
February 17, 2018
The meeting was called to order by President, Roger Giallorati at 10AM.
Board Members in Attendance:
Roger Giallorati, President
Scott Coakley, Vice President
Jim Watt, Treasurer
Kim Byrne, Secretary (via teleconference)
Jerry Agrusa (via teleconference)
Rod Anderson (via teleconference)
Kevin Mack
The Pledge of Allegiance was recited.
Roger Giallorati, President, presented minutes from the January 13, 2018 monthly meeting. The minutes were approved as written.
Treasurers Report:
Jim Watt presented the Treasurer’s Report. The report was approved as written.
Aquatic Life:
Roger has not yet received the application from US Fish & Wildlife for the goose eradication permit. He will make contact for an update on the application.
There has been no word from Clarke Aquatic regarding weed treatment. Roger will contact them.
Building:
Because it has been determined that Lake Diane Property Owners Association does not have the capacity to enforce deed restrictions, the building committee will cease to exist effective today. In the future, property owner neighbors will enforce deed restrictions upon their own property owner neighbors.
Dredging:
Scott has been diligently working through the application process with the DEQ to move forward with the dredging project behind Shore Side Plaza. This area has been chosen first because as summer progresses the lake level lowers, and it is difficult to maneuver watercraft in that area. The majority of the property owners will benefit.
Parks:
Nothing new to report.
Lake Diane Schedule of Events:
Boaters Safety has tentatively been scheduled for June 2nd.
Old Business:
The Schindorf’s have refused to remove their camper trailer from their lot. They requested an extension of 120 days, LDPOA countered with 60 days. The trailer camper is supposed to be removed by the end of February. If it is not removed, action will be taken to enforce the judgment made by Hillsdale County.
There is confusion surrounding the status of Lake Diane Property Owners Association and its ability to collect dues. This confusion has to do with many, many years ago when Lake Diane Incorporated conveyed the property of Lake Diane to Lake Diane Corporation. There were only two signatures on the form of conveyance; the President and the Vice President. Legally, it should have been voted on by the board at a meeting with signatures from the President, Vice President, and Secretary. LDPOA attorney, Karlye Horton has confirmed that Lake Diane Incorporated did not properly convey the property to Lake Diane Corporation. She has also conferred with the judge on this case. Because the property was not conveyed properly, it has been determined that LDPOA does not have authority to collect the $20 maintenance fee and cannot enforce deed restrictions as outlined in the bylaws. However, it has been confirmed that LDPOA is operating legally as a non-profit corporation and always has been. We will continue to operate into the future for the betterment of the lake and its surrounding property.
With all the questions regarding LDPOA and its ability to collect maintenance fees, the lawsuits for back dues against Dennis McDonald and Blaine LeBlanc were tabled in order to sort through the details of the outstanding balance of each party. It was determined that Dennis McDonald does not own any lots with Grants of Authority in place, and we cannot collect the $20 maintenance fees that he refuses to pay, so the case against him will be dropped. Blaine LeBlanc does indeed own multiple lots which have Grants of Authority making them member lots, so he is required to pay his annual dues, but not the $20 maintenance fee. LDPOA will continue to pursue payment through a lawsuit for his outstanding annual dues.
Blaine LeBlanc was in attendance indicating that he plans to “defend himself” if any further action is taken against him in an effort to collect dues. With him today, he brought multiple copies of discharge of lien affidavits requesting signatures for all liens to be removed from his properties. He was denied. He asked if the property owners at Lake Diane have been notified of the investigation into the capability of Lake Diane Property Owners Association to operate. Roger indicated that a letter is being composed for a mass mailing to all property owners. Blaine informed the board that he intends to argue objectives of the association as opportunities arise. His intentions are to move forward with his plans for “Serenity” and the north side of the lake. Kim asked Blaine to please clarify his intentions. He refused the request indicating that all information is available at the township and county offices through the “Freedom of Information Act”.
New Business:
At 10:41, Roger made a motion that the meeting be adjourned. Scott seconded the motion. A vote was taken, and the meeting adjourned.
Respectfully Submitted:
Kim Byrne, Secretary