CUMBERLAND HARBOUR PROPERTY OWNERS’ ASSOCIATION

MINUTES OF BOARD MEETING, Dec. 1, 2009

I. The meeting of the Board was called to order by Paul Gommo at 1:00 p.m. on December 1,
2009. The meeting was held by conference call. All Board members were present at the
meeting; Paul Gommo, President; David Cohen, Vice President; Bernie Huber, Treasurer;
Helen Ownby, Parliamentarian; and Michelle Deis, Secretary.

II. Meeting Minutes – The Board approved the November 19, 2009 Meeting Minutes by e-mail.

III. Heritage Property Management Transition:

A. 2010 Late and Unpaid Assessments Fees/Interest – The Board discussed the fee for
assessments paid late in 2010. The Board unanimously agreed that the late fee would be $40
and would be due if the assessment was not paid by the 30th of the month that it was due (for
example if the assessment is due Jan. 1 and was not paid by Jan. 30, then a late fee would be
due). The Board also unanimously agreed that interest would begin to accrue at the same
time on any unpaid amount at the rate of 1.5% per month (18% per year), as was suggested
as the standard by CHPOA’s management company, Heritage Property Management
Services, Inc. (Heritage).

B. Foreclosures/Past Assessments – Michelle Deis discussed her conversations with the

CHPOA attorney, George Nowack, and Heritage’s CPA, and stated that they both agreed that
CHPOA assessments due before the foreclosure date could not be charged to the
foreclosing/seller bank or the buyer at closing, which includes the fire station and fire truck
assessment. Once the bank has foreclosed, however, the foreclosing/seller bank must pay the
CHPOA assessments from the date of foreclosure until the date of sale, according to the
CHPOA’s collection attorneys, Dorough & Dorough.

C. Bank Signature Cards – Michelle Deis stated that she received the BB&T Bank signature
cards by FedEx this morning and that as she was the last officer to sign the cards, she would
Fed Ex the cards to Heritage. The Board officers signing cards include Paul Gommo,
President, David Cohen, Vice President, Bernie Huber, Treasurer, and Michelle Deis,
Secretary.

IV. 2010 Budget – The Board reviewed the 2010 Budget, as previously prepared by the
CHPOA’s former management company, AIMS. The Board adjusted several line items,
based on cost savings in the CHPOA’s new management contract with Heritage, adding
insurance as recommended by Heritage, landscaping cost adjustments, to save money in a
reserve account for common area facilities maintenance and an emergency fund, and other
cost adjustments. Michelle Deis motioned for the 2010 budget to be approved, Helen Ownby
seconded the motion, and the Board unanimously approved the 2010 Budget. The Board
members agreed that the new budget would be posted on the new CHPOA website being
provided by Heritage as soon as that website was online.
V. Treasurer Report – Bernie Huber reported that he is working with the CHPOA Property
Manager at Heritage, Kyle Waidner, to pay CHPOA invoices. Bernie said he is also working
with G.K. Burch at ULM to finalize which ULM invoices still need to paid.
.
A. Keystone Maintenance September, 2009 Invoice – Michelle Deis reported that she spoke
with Linda Crowther at Keystone Maintenance (Keystone) regarding why the CHPOA
received an invoice from Keystone. Michelle said that Linda Crowther faxed a letter to
Michelle written and signed by the former CHPOA Board President, Glenn Saare, which
showed that the CHPOA cancelled the Keystone landscape and maintenance contract
effective Sept. 30, 2009. Glenn Saare had also signed a new landscape and maintenance
contract with United Land Management (ULM) effective Sept. 1, 2009. Thus, Michelle
stated that the CHPOA had overlapping landscape and maintenance contracts for the month
of September, 2009, and that is why the CHPOA received an invoice from Keystone.
Michelle said she and Linda Crowther at Keystone also discussed that ULM had amounts due
them from Keystone for work performed as a subcontractor to Keystone. So, Linda
Crowther faxed Michelle a letter indicating that the difference that would be owed to
Keystone for the month of Sept. 2009 is $1,934.00. The Board unanimously approved that
the CHPOA would pay Keystone the $1,934.00 to settle the confusion created by having two
landscape/maintenance contracts for September 2009. Michelle said she would contact
Keystone regarding the Board’s decision and that she would make certain that Keystone
provided a letter to the CHPOA after the $1,934.00 was paid indicating that all amounts due
Keystone by the CHPOA under the contract had been paid.

B. 2009 Audit – The Board agreed that they would work with Heritage to contract with a
Georgia certified CPA to perform an audit of the 2009 CHPOA financials.

VI. Landscaping Contract – Bernie Huber will be contacting the Landscape Committee to
develop bid specifications as outlined in the November 19, 2009 Board Meeting Minutes,
which includes submitting bids from at least three companies and pricing the Charleston
Place landscaping needs/assessment separately. Additionally, the Board discussed that the
pool, pond, and tennis court maintenance should be priced separately and could even be
contracted with a different company from the general landscape maintenance contract. All
bids will be closed and will be mailed to Paul Gommo. Bernie Huber also indicated that he
would work with Charleston Place owners regarding the amount that should have been paid
for their 2009-2010 assessment due July 1, 2009, and still remaining unpaid by some
Charleston Place owners due to these owners’ assertions that a lesser assessment amount was
promised and that there were services promised that had not been received.

VII. Policy on Reserving the Community Facilities - The Board reviewed the policies and
procedures submitted by the Rules Committee for the use of CHPOA common areas facilities
and amenities. The Board made changes to this Policy on Reserving the Community
Facilities including only allowing a maximum of 100 guests, requiring that the owner
reserving the facility pay for a security guard during the reservation time (through the
CHPOA security contractor), and that the facilities cannot be reserved during Memorial Day,
July 4th, and Labor Day weekends due to high amenity use during these times. The
application to reserve the facility will be obtainable from the Cumberland Harbour
 greeters/security guard building, from the CHPOA community manager at Heritage (Kyle
Waidner), and on the new website that will soon be online at www.cumberlandharbour-
poa.org . Also, the Board agreed that any facility reservation already in place could stand,
because a reservation had already been made for Labor Day weekend 2010 which would be
more than 150 people. However, all future reservations would need to abide by the policy.
Bernie Huber stated that he would return the Policy on Reserving Community Amenities to
the Rules Committee for their final review and changes before the Board approves this
policy.

VIII. Design Review Board – Bernie Huber stated that he would be attending the Design Review
Board (DRB) meeting on Thursday, Dec. 3, 2009. Paul Gommo stated that the Board needs
the DRB to state their administrative assistant requirements in writing, so that the Board can
then approve the DRB’s request. Bernie stated that he would have the DRB submit their
administrative support request in writing to the Board.

IX. Leasing Concerns - The Board discussed the concerns expressed by owners on the yahoo
forum regarding the leasing of homes in Cumberland Harbour. The Board agreed that the
Cumberland Harbour Declaration of Covenants, Conditions, and Restrictions (CC&R’s)
specifically allow owners to lease their homes for “residential purposes” and that changing
that provision would require a 67% vote of property owners as well as the approval of the
Declarant and the majority of the main mortgager banks for Cumberland Harbour, as stated
in the CC&R’s to follow federal mortgage guidelines. Thus, the Board discussed what
oversight the CHPOA could place on owners renting their homes. The CC&R’s require that
all renters receive and abide by the Bylaws and policies of the CHPOA; thus, the Board
agreed that a form would be developed (and reviewed by the CHPOA attorney, George
Nowack) that the renter would need to sign showing they had received these documents and
agreeing to abide by them. Additionally, Paul Gommo stated that he would talk with George
Nowack to determine whether a standardized lease could be required.

X. Storage Lot – The Board discussed the need to create a policy regarding the Cumberland
Harbour storage lot for boats and recreational vehicles. Paul Gommo reported that an owner
had stored business vehicles and that only personal boats or recreational vehicles are to be
stored. The Board agreed that the Rules committee would be asked to develop a policy for
the use of the Cumberland Harbour storage lots. The Board also agreed that any landscape
company or contractor working in Cumberland Harbour could only store vehicles in the
storage lot that were being used in Cumberland Harbour. Paul Gommo stated that he would
work with George Nowack to write a letter to any property owner storing business vehicles
to have them removed.

XI. AIMS Transition Fee – The Board agreed that AIMS had not been as helpful as had been
expected in the transition to the new management company Heritage because AIMS did not
timely provide all of the insurance information, they provided all lot owner records in pdf
format (requiring Heritage to enter all data individually) and some of the lot owner
information was not digitized, they had not paid invoices as requested, and Jeanette Jones,
who was to help with the transition, was no longer employed by AIMS. The Board also
discussed that AIMS would be of little assistance over the next month. Thus, the Board
 unanimously agreed that the second part of the two-part transition fee to be paid AIMS
($6,500 due Dec. 15, 2009 and $6,500 due Jan. 15, 2010) would not be paid. The Board
would thus pay AIMS only $6,500 for the first month (Nov. 14 to Dec. 15, 2009) of
transition services. The CHPOA attorney, George Nowack, had stated to the Board and in a
letter to Staci Gelfound of AIMS at the time of contract termination, that this transition
amount was gratuitous and could be adjusted based on AIMS’ performance. Michelle Deis
said that she will work with Nowack to write a letter to AIMS to be sent with the Dec. 15
payment.

XII. Georgia Secretary of State Filing – Michelle Deis stated that George Nowack’s office
reported that the 2009 Georgia Secretary of State filing for the CHPOA had been made in
July 2009; however, the state had not posted the pdf of the filing.

XIII. January Board Meeting – Michelle Deis stated that an in-person Board meeting could be held
on January 8 or 9, 2010 because she would be in St. Marys and the City of St. Marys had
indicated a desire to attend a Board meeting to discuss the Bond Safeguard situation. The
Board members agreed that such a meeting would be beneficial.

IV. Next Meeting – The Board agreed to have the next meeting on Thursday, December 10, 2009
at 1 p.m. by conference call (later changed to noon). Paul Gommo adjourned the meeting.

Signed by the CHPOA Secretary, Michelle Deis

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