Whittier Community Associates HOA, Inc.
Regular Meeting Minutes

January 28, 2014

The Board of Directors of Whittier Community Association met at the Somerford House, Frederick, Maryland on
January 28, 2014 at 7:00 p.m.


Paul Zimnik, President
Daniel Cowell, Vice-President
Bernarda Jackson, Treasurer
Jenny Marino, Secretary
Nancy Sweet, Director


Bill Watt, Director
Bill Ryan, Director


Others Present

Nancy Keen, Vanguard Management, Community Representative
Shelly Henning, Recording Secretary




Dr. Paul Zimnik, President of Whittier Community HOA called the regular meeting to order at 7:01pm with a quorum present.




The Board discussed the November 26, 2013 minutes. Motion: To approve the minutes. Marino/Sweet Vote: Unanimous




One Homeowner addressed the Board. See Collection Cost Waiver below.



  1. Whittier Lake Maintenance: Aquatic Environment Consultants (AEC) is proposing the same lake management program that has been successful for the last several years to control the algae on the lake. AEC recommends the lake is treated every two weeks but the City of Frederick only contracts for once a month treatment. The Association has been supplementing the City’s program with five additional treatments. The cost has remained the same for the last several years $2,160.00 for five treatments. The Board discussed that it has been a great service. Motion: That we renew the lake maintenance as outlined for the 2014 year. Marino/Sweet Vote: Unanimous
  2. Controlling Geese Population at Whittier Lake: Ausherman Properties has contacted Management regarding Mr. Ausherman’s interest in controlling the Canadian Geese population at the Whittier Lake. Ausherman has obtained the City of Frederick’s permission to perform the geese controlling services on their property, but the City does not currently have the funds to contribute to the cost. Ausherman is requesting the Association share the cost to perform these services with Ausherman with the Association and Ausherman each paying half the annual cost. Geese Police has provided a proposal to provide Canada goose control with the use of Border Collies. The initial two weeks of service is $950.00. For each additional week through June 30, 2014, the cost would be $445.00 per week. The Board discussed that the City had done this several years ago. Management and the Board have not received any complaints from Homeowners. The Board had concern about spending a large amount of money for something that they had not received any complaints about and that would only be a temporary solution. The Board opted not to take any action at this time.
  3. Reserve Investments: The Association’s Smith Barney Money Market Reserve Account currently has $92,539.01. Management would recommend investing $40,000.00 into a 2018 CD and $30,000.00 into a 2019 CD so that the Association can continue to ladder the funds. A Board member asked if it would be possible to put the CD in larger amounts so that we could get a larger interest rate but Management explained the money should be laddered. Motion: to move the reserve investments $40,000.00 into a 2018 CD and $30,000.00 into a 2019 CD so that the Association can continue to ladder the funds. Jackson/Marino Vote: Unanimous
  4. Collection Cost Waiver/****** The homeowner owns three condominiums in Whittier. In 2013, he wrote one check for all three property assessments but only included two payment coupons. The lockbox split the check between the two properties on the coupons. For the one property that was delinquent, he was sent a certified Notice of Intent and when that was not picked up at the post office a notice was posted on the door. A lien was filed on 5/31/13. He is requesting the Board remove the collection costs of $481.50 ($45.00 NOI, $96.50 Posting and $340.00 Lien) from his account. He had written on the memo of his check the two account numbers “and the above address”. The Board discussed that he had in “good faith” paid his bill on time and included the information on his check and that an error had happened because he did not include all three (3) payment coupons. He stated that he did not get any of the correspondence from Vanguard. Motion: To waive the fees and remove the lien. Cowell/Jackson Vote: Unanimous
  5. Change in Collection Practices: Vanguard Management has come to the conclusion that they can no longer be substantively involved in collection activity on behalf of their Associations. For some time, the court systems throughout the US have been redefining the role of the management company as “agent” and defining what may be considered more as “legal services”. The State of Maryland requires a Maryland collection company to be licensed. Management is referring the Association to their Attorneys for collection as of January 1, 2014. The Board asked that Management inquire about what the Attorneys would charge and what their process is. The Board asked what Management would suggest the wording be on the late payments. The Board asked Management for a draft policy. Action: 1. Management to ask the Attorney’s what their charges will be and what their process is. 2. Management to produce a draft policy for the Board.



A.  ACC: none

B.  Pool Committee: Outside membership in next month. Guest has to have homeowner with them.

C.  Townhouse Committee: none

D.  Condo Committee:

  1. There was vandalism to Christmas decorations.
  2. Due to the extreme cold temperatures there was an incident of flooding due to sprinkler system pipes breakage.

E. Landscaping Committee:none

F. Communication Committee: none

G. Social Committee: The Board discussed that they will need to discuss the Lakeside Festival.

H.  Treasurer’s Report:  none





There was no Old Business discussed.




Firemen practice ice rescues on the Lake. The Fire Department was practicing ice rescues on the Whittier Lake. There are several pictures on the Web site.




There being no additional business for the Board to conduct at this time, the Board meeting adjourned at: 8:20pm. Motion: To adjourn the meeting. Jackson/Cowell Vote: Unanimous



Please note the next scheduled meeting is February 25, 2014 at 7:00PM.



Respectfully yours,


Shelly Henning
Recording Secretary