POLO PARK HOMEOWNER ASSOCIATION

426 Polo Park Blvd. Davenport, FL 33897

863-420-1591

Polo Park HOA Special Meeting April 8, 2024

Call to order: 6:00 p.m.

Pledge of Allegiance

Verification of Quorum of Homeowners: A quorum of 285 homeowners were present.

Robin Harris (monitor) informed all present that there were two items on the agenda; the 2024 proposed budget and the transfer fee. She then discussed how the meeting would proceed.

Each person would have 3 minutes to talk.

Robin asked if there was a motion to accept the 2024 proposed budget.

Seanna Bennet made a motion to accept the 2024 budget; Lynn Meredith seconded.

Discussion

Wayne McGonagle (Mac) began a query about the proposed budget and that was that the individual sections don’t match. Robin advised him that she was not there to answer questions.

Lewis Garrison asked if this new budget was going to raise the dues. Robin answered that the dues would not be going up.

With no more discussion, Robin asked for a show of “yes” cards from those who were in favor of the proposed budget. Robin then asked for a show of “no” cards from those who were against the proposed budget. There was an overwhelming “yes” vote to approve the new budget.

Robin Harris then asked for someone to make a motion to approve the amendment for a transfer fee of $2,000.00 that was to be added to the 2013 Amended and Restated Declaration of Covenants and Restrictions. This addition would fall under the section entitled Required Membership in the HOA which begins on page 1 and continues on page 2. This addition would become paragraph c, thereby pushing the current paragraph c to become paragraph d and the current paragraph d would then become paragraph e. The new paragraph c would read as follows:

c. Transfer Fee. Upon the transfer of the title to a Lot to a new Owner(s), the new Owner(s) shall pay a Transfer Fee in the amount of $2,000.00 to the Association at the time of the closing of the acquisition of the Lot, or if no closing is held, then upon execution of the instrument transferring title. If a closing is held, the Transfer Fee shall be collected by the closing agent and paid to the Association. Otherwise, it shall be paid by the new Owner(s) to the Association. Such funds may be used for any purpose for which the Association may levy an assessment and shall, if unpaid, be collected in the same manner as an assessment. The Directors may change the Transfer Fee no more frequently than once a year.

Sam Harris made a motion to move forward to approve the transfer fee amendment to the 2013 Amended Covenants and Restrictions; Doug Wyman seconded.

Richard Ackerman made a motion to amend the main motion, as is permitted in the Robert’s Rules of Order. The amendment that was made to the main motion adjusted the verbiage to allow for a clearer understanding of the how and when the transfer fee would be collected and that the transfer fee money collected would be deposited in the reserve account dedicated to capital improvements within Polo Park. The amendment to the main motion also declared that the homeowners at the annual meeting could increase or decrease the transfer fee by a majority vote of those present and voting. The new verbiage would read as follows:

c. Transfer Fee. Upon the transfer of title to a Lot to a new Owner or Owner(s), the new Owner(s) shall pay a Transfer Fee in the amount of $2,000.00 to the Association at the time of the closing of the acquisition of the Lot, or if no closing is held, then upon execution of the

instrument transferring title. If a closing is held, the Transfer Fee shall be collected by the closing agent and paid to the Association. Otherwise, it shall be paid by the new Owner(s) to the Association. Such funds shall be deposited into a reserve account designated for capital improvements and used for any capital improvement purpose for which the association may

level an assessment and shall, if unpaid, be collected in the same manner as an assessment. The HOA Homeowners, once a year at the at the annual meeting, may increase or decrease the Transfer Fee amount by a majority vote of those present and voting.

Marcia Rockinson seconded the amendment that was made to the main motion that Richard Ackerman stated.

Discussion

Patsy Cline has left her house to 3 sons and asked if the transfer fee would be $6,000. Tony Mahoney answered Patsy that the transfer fee is a one-time fee of $2,000. He, also, suggested ways to avoid the transfer fee.

Joan Henne asked for clarification on how the voting would take place when a motion is made and then an amended motion is made. Robin Harris explained.

Gary Mohler questioned how 2 motions that were seconded could be on the floor at the same time. Gary Mohler stated that only one motion could be voted on at a time. Richard Ackerman explained that according to Roberts Rules of Order that a motion that was made and seconded could be amended. The amendment to the main motion needed only 51% vote to be accepted. The main motion needed a 2/3 vote to be accepted.

Annette Angelo encouraged everyone to accept the amended wording to the amendment. Annette explained that the money needed to go to the reserves.

John McNalis wanted a clarification of the vote on the transfer fee. Robin answered that the amendment to the main motion needed ½ plus 1 to be accepted while the original motion needed 2/3 vote to be accepted. Richard explained that the adjustment to the main motion only be needs a 51% while the main motion needed a 2/3 vote. Robin explained that we were voting to change the wording first, we would then vote to accept the transfer fee.

Mary Ella Grass asked about when she added her husband to the deed for her home, would she need to pay the transfer fee. Tony Mahoney answered that adding her husband to the deed would not mean that she would have to pay.

Perry Gibson required more clarification. What if you don’t have a trust? Does that trigger a transfer fee? Tony Mahoney answered that if the trust existed before the sale of your house, then there would not be a transfer fee.

Elise Hersey offered more information to Maryellen Grass to tell her how easy it is to add her husband to the deed at the tax collector’s office.

Sherrell Schoffstall inherited her house with her sisters. One sister will probably want to buy the house outright. Will there by a transfer fee at that time? Robin Harris said that from what she had heard during the discussion, no there would be no transfer fee.

Discussion ended.

At this time Robin had the two versions of paragraph c that were in discussion projected to a screen so that all present could read the two versions. She made clear to those present that a “yes” vote would show and agreement to the amended verbiage to the main amendment. Robin asked all that are in agreement of the amended verbiage to the main amendment to raise their “yes” cards. She then asked all those not in agreement with the amended verbiage to raise their “no” cards. There was an overwhelming “yes” vote to accept the amended verbiage to the main amendment.

Robin allowed any more discussion to the verbiage and/or the transfer fee.

Burt Folce asked if a living trust differed from an irrevocable trust at all. Tony Mahoney answered by stating that with a living trust there will be transfer fee because it can be changed, whereas an irrevocable trust cannot be changed.

Discussion ended.

Robin explained that there will be buckets passed out to put your vote in, either the “yes” card or the “no” card. This allowed for an absolute count to ensure that a 2/3 vote had been made or not. After the count was made, Robin announced that the “yes” vote count was 242 while the “no” count was 42. The motion was passed.

Sam Harris made a motion to adjourn the meeting; Lynn Meredeth seconded.

Meeting was adjourned.