Banyan Springs

2010 BANYAN SPRINGS POA BOARD OF DIRECTORS


                                            BARRY PRINCE              PRESIDENT
                                            ROBERT DOW               VICE PRESIDENT
                                            JOEL BRUSSO                TREASURER
                                            MIMI PLONSKY             SECRETARY
                                            FEIGE BRODY                 DIRECTOR
                                            MEL TEITZMAN            DIRECTOR
                                            LARRY GRANET             DIRECTOR
                                            HARRY SASSOWER         DIRECTOR
                                            PAUL WHITNEY             DIRECTOR

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A SPECIAL MESSAGE FROM THE POA BOARD

TO ALL BANYAN SPRINGS RESIDENTS (7/14/10)

Dear Unit Owner,

This letter comes to you from the Board of Directors of Banyan Springs, to respond to some misinformation that has been circulating throughout the community, concerning the POA having to appear in court and the subsequent results of that hearing. On July 1, 2010, at the end of the POA Workshop meeting, Terry Whitlock representing himself, James O'Connell, Richard Rose as Plaintiffs (aka The Banyan Springs Plaintiff Committee (BSPC) aka Your Banyan Springs "Rights" Committee (BSRC)) distributed documents to all of the Board members present. These documents served as Notice of a Hearing for Emergency Temporary Injunction to be held on July 8, 2010 in the Circuit Court to stop the installation of the new tile floor in the Clubhouse.

This project was a recommendation by the Finance Committee and was placed as a line item in the 2010 Proposed Budget for $40,000.00 and mailed to each unit owner, at least thirty days in advance of the Budget Meeting, as required. The Budget was unanimously approved on December 17, 2009 , which included the Clubhouse Flooring Upgrade.

After receiving the third of three (3) proposals for the project, at a Workshop Meeting on February 11, 2010 , the Board discussed the project in depth, including the recommendation of Mario Ferrazoli & Son, Inc., to do the work because of their reputation and quality, and then approved spending up to $40,000 on the Clubhouse Flooring Project as allowed in the Budget. The Board then asked the Decorating Committee to research what tile and color would best serve for installation in the Clubhouse and return with a recommendation.

On March 25, 2010 , at a Workshop Meeting, the Decorating Committee reported back to the Board of their process of choosing the tile color and size for the project. At the next Workshop Meeting on April 7, 2010 , the Decorating Committee reported that they had reconsidered their choice of color and the Board gave their approval of the Committee’s choice.

On April 12, 2010 , the final contract was signed with Mario Ferrazoli & Son, Inc., to remove the Mexican tile and install Porcelain tile as selected for $34,125 and the work to commence July 9, 2010 and a payment of $17,000 was made to order the tile and to schedule the project.

The Board has to question, with over seven (7) months to object to this project why the Plaintiffs waited to the last possible minute to file their Injunction naming Banyan Springs Property Owners Association, Inc. and its Board of Directors and Rick Leach as Property Manager as Defendants?

On July 8, 2010 Barry Prince President, Robert Dow Vice President, Joel Brusso Treasurer, Rick Leach Property Manager and our Attorney Edward Dicker Esq. attended the Circuit Court Hearing. Terry Whitlock and James O'Connell attended the Hearing for the Plaintiffs. The judge opened the Hearing with testimony from the Plaintiffs and Terry Whitlock stood and talked for about fifteen (15) minutes.

Ed Dicker stated to the Judge that Mr. Whitlock was not a property owner. The Judge then questioned Terry Whitlock as to the matter of him being a property owner. Terry said that he was not, but that he had a note from his wife designating him as her representative.

The Judge stated that he must be a property owner representing himself or be an Attorney and since he is neither he must sit down. James O'Connell then stood and presented several documents, which the Judge stated that they were not germane to this action.

The Judge then asked the Defendants to present their testimony and our Attorney, Ed Dicker presented six (6) points. The first and deciding factor was that the Plaintiffs prepared their case based on Florida Statutes 718 which is for Condominium Associations and that Banyan Springs is covered by Florida Statutes 720, which is for Homeowners Associations. To support this he went on to describe the structure of Banyan Springs and also gave the Judge a copy of the Articles of Incorporation. The Court ruled in favor of Banyan Springs on Point of Law and against the Plaintiffs. Fortunately, the work on the Clubhouse floor commenced on schedule and the Association did not have to deal with the problems of signing a contract which could not be completed and possibly losing $17,000 of the deposit, possibly more, due to a few individuals that were misinformed and misguided about the facts of this matter.

We wish to take this opportunity to thank all the Property Owners that supported us at the Court House, those who called and sent emails from across the nation and especially all of the Banyan Springs Clubs that voted unanimously to support the POA Board.

For the Board,

Sincerely,

Barry Prince, President
Banyan Springs Property Owners Association

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FITNESS CENTER UPDATE

Fahad's schedule in the Fitness Center for the summer season: Monday and Thursday, 8:30 - 10:30 AM and Wednesday, 10:00 AM to Noon.

Tickets for all Banyan Springs Club events for the upcoming month
generally go on sale on the first Monday of the month in
The Center from 9:00 to 11:00 AM

See individual Club postings for Event description and details.

The Banyan Springs

Welcoming Committee

has prepared a Guide for new residents of our community.

(Everyone might find the information useful)

To view the Guide, Click here.

Banyan Springs is located at the Southwest corner of Military Trail and Boynton Beach Boulevard.

See Map Below

We are an Active 55 and over community.

OUR COMMUNITY FEATURES A CLUBHOUSE AND SATELLITE CLUBHOUSE, FREE TENNIS UNDER A FULL TIME PRO ON 7 HARTRU TENNIS COURTS, AN OLYMPIC SIZE SWIMMING POOL AND A SATELLITE POOL, FULLY EQUIPPED EXERCISE ROOMS AND SPA, 2 RACQUET BALL COURTS, SHUFFLE BOARD COURTS, PUTTING GREEN, TABLE TENNIS, A BILLIARD ROOM, LIBRARY, CAFE AND BEAUTY SALON.

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