Information & News for the Community - Archives

R & R 5.3 Reservations for Special/Private Events. Reservation requests may be submitted to the Property Manager to reserve, for exclusive use, the kitchen and adjoining covered picnic area, both gas grills, and all but one of the round tables surrounding the pool deck. A Recreational Center Reservation Request form available from the Property Manager’s office or at our website www.willowbendcommunity.com must be accompanied by a $100 deposit and is to be submitted at least seven (7) days prior to the event. The deposit is refunded if the requester/host fully complies with the responsibilities stipulated on the request form. Costs associated with the failure to do so will be charged to the resident or homeowner of record. An adult resident (not a teenager) must be in attendance at all times during the event. The “exclusive use” must not interfere with, or place limitations on others who are using the pool, spa, workout room or restrooms etc. A Notice of Reservation, provided by the Property Manager, will be posted on the Homeowner Activities bulletin board by the requester/host a minimum of 48 hours before the event.

5.4 Facility Rule 26

26. Selected areas of the Recreational Center may be reserved for a private event by submitting a request to the property manager. A “Recreational Center Reservation Request” form is available on the website or at the Property Manager’s office. A leaseholder or homeowner must apply and receive prior approval for any function with 8 or more nonresidents present and must be present during the entire function.

Recently, and in the past, there have been events held by older teenagers as well as adults, that have been held by that did not bother to reserve the pool area and follow many of the rules. Please note that Facility Rule 26, requires that “A leaseholder or homeowner MUST APPLY and RECEIVE APPROVAL for ANY function with 8 or more non-residents and MUST BE PRESENT during the ENTIRE function.” As the most recent event was a teenager event, a teenager is not the leaseholder or homeowner.

In addition, other commonsense Facility Rules were broken. In particular, Rule 15, Glass containers are prohibited from ALL recreation facilities was violated. Our cleaning service tells us there are glass containers in the trash can all most every week. Please, for everyone’s safety do not take glass containers into the rec center. Rule 10, Nothing is to be put in pool or spa water (no drinks, soap, shampoo, powder, liquid, etc. During the last teenage party, a review of our monitoring service’s recording of the occurrence, one could watch a party member walk into the spa with something in his hands and moments later soap bubbles were all around him. The bag that remained appeared to be from the restroom soap dispenser. It took two days and an extra expense to rid the soap from the spa. Another common problem with these events is that many do not take their debris and garbage with them as is stated on the Reservation Request.

The Board is trying to remind homeowners that the pool is not a place to hold an impromptu party for a bunch of your guests or teenagers without adult supervision. It is available for planned in advance special/private events with certain rules to be adhered to. Please note the exercise room, the pool, and spa are still available for use for other homeowners during the reserved time. Everyone needs to show respect to all homeowners and their guests.

You are also reminded that the Recreation Facility operating time is from 5am to 10 pm and the entire facility is closed from 10 pm to 5 am. In addition, the monitoring service is active 24/7 and all cameras are recorded and can be retrieved and copied for any span of time over the last month before they are gone. Also, during the down time, the facility is alarmed and manned to tell you to leave if you are inside the facility after hours with reports going to the Board and LPM.

The Board thanks you for taking the time to read this message and request you that you review the R and R’s as well as the other Documents when using the common areas and facilities and adhere to them.

CITIZEN'S PATROL & NEIGHBORHOOD WATCH

On April 19, 2013, many of you received an E-mail from Tony Nacinovich informing you that effective immediately he ceased all Citizen's Patrols and Neighborhood Watch coordination and resigned as Patrol Captain. Tony has served our Community well and has done it impeccably following the Sarasota County Sheriff's Office for Citizen Patrol Program Rules & Regulations with the aide and guidance from the Sheriff's liaisons. The Board gives Tony a special thank you for being the volunteer to create and lead the program for Willowbend the past five years. The Board wants to also thank all those homeowners that volunteered to be part of the Citizen Patrol at Willowbend over those years. The Board members recognize and understand the benefits gained from the program. The program definitely discouraged crime, vandalism, and violence in our community. As individual homeowners, the Board members would like to see it continue. However, as a HOA Board, we have a fiduciary responsibility to the 275 members to conduct due diligence in all our decisions, especially when dealing with potentially large liability issues.

Yes, the Board had an influence on Tony's decision to resign and cease running the Citizen Patrol Program. However, the Board needs to inform the homeowners what was involved in making the decision to divorce the Association from the Citizen Patrol and neighborhood watch programs. First, since the Martin shooting in Sanford, Florida on February 26, 2012 by a neighborhood watchman, the Sheriff's Department shutdown the programs until further notice. In February this year, Tony made a request to the Board to have a sign-up table at the annual meeting and a time slot for the Sheriff's office to train all members there to be patrol members. The Sheriff 's office was ready to retrain all patrol members and start up the program again. The Board did not think the training session should be part of the annual meeting and limited it to the sign-up table. As the Martin case was still in the news, the Board decided we should seek legal counsel advice on how to limit our liability if the patrol did resume. In addition, we needed to check if our insurance covered the Citizen Patrol.

We received legal counsel advice via a letter dated February 27, 2013 and learned the first of March from our insurance agent that yes, any committee has liability coverage, but if they break the law, all bets are off. After the annual meeting, the new Board scheduled a Workshop for April 9. One of the agenda items was to review the legal counsel letter and determine our options for supporting the citizen patrol. On Saturday April 6, 2013, the newspaper included the news that the Martin family had reached a seven figure settlement with the HOA involved under a civil suit. On the same day we received an E-letter from a homeowner who had read the article and wondered where our HOA stood liability-wise and where he, as a member, stood if something similar would happen in Willowbend. The E-letter included several attached articles from the Internet concerning liability issues for HOA and Neighborhood Watch Programs.

Our attorney informed us that the National Neighborhood Watch Program was developed by the National Sheriffs' Association in 1972 and is funded in part by the US Department of Justice. The local law enforcement agencies (in our case, the Sarasota County Sheriffs' Office) creates the local program and provides guidance and training to the volunteer participants. The HOA does not need to be involved. Per the Sheriffs' training material, the volunteers are the "EYES and EARS" for the Sheriff. If a volunteer sees something suspicious, the volunteer calls 911. The volunteer is instructed not to investigate an event or attempt to apprehend a law breaker. No weapons of any kind are allowed while on patrol. Our attorney further indicated the level of involvement in the Neighborhood Watch Program by our Association, if any, is a decision for the Board. Any sanction or involvement needs to include consideration of potential liability.

The Board then had to evaluate what the potential liability could be for the Association and its members.

• Although it may be 99.9% chance what happened at Sanford will not happen at Willowbend, it could happen in that .1%. Should that occur and we have sanctioned and indicated it is an Association Committee, we could see the same civil suit that the Sanford Florida HOA just saw. If the award is larger than our insurance coverage, then the HOA would have to impose a special assessment on all the homeowners to pay for the lawsuit. It may not take as serious of an occurrence as the Sanford death to exceed our insurance coverage either.
• As our insurance agent has indicated, our insurance is like most insurance policies and excludes criminal activity from liability protection. Result is, if a HOA volunteer is convicted of a crime, the liability insurance will not cover any costs.
• Our liability rates will stay the same. However, if we have a claim, it will be a sure bet our rates will increase substantially.
• Will our insurance cover the liability if a volunteer has a car accident and does damage and/or is injured while on patrol? (needs to be checked)

Our attorney points out that a court might look to see if a HOA has a duty or the expectation to prevent criminal behavior and it can be held liable if it fails to do so. In this regard, Willowbend fairs well as:

• Willowbend is not a gated community
• Willowbend documents do not mention anywhere that the Association is responsible for security.
• Willowbend does not pay for outside security services such as gate attendants or roving patrol.

If the Association wants to limit our possible liability, our attorney advised we take the following steps:

• If some homeowners desire to restart a voluntary "Citizen Patrol and Neighborhood Watch Program" which is not organized or supervised by the Association, the Board should recommend they contact the Sarasota County Sheriff's Office for guidance and training.
• If a group of volunteers do restart a Neighborhood Watch Program, make it known it is not sanctioned, organized, or supervised by the Board and is not a Board committee.
• Remove any mention of the past volunteer group from the Willowbend web site and any other public documents that indicates they are a committee.

After digesting legal counsel's recommendations and considering the potential liability claims that could occur depending on the option the Board chooses to take, the Board followed our due diligence responsibilities to all 275 homeowners, and decided it is best to divorce the Association from the program. This is particularly the case when one realizes a Citizen Patrol and Neighborhood Watch under the Sheriff's Office Program is designed to be manned by volunteers that are not backed by any HOA, condo association or any other third party.

However, as Tony's resignation implies, with the Board taking the stand of non-support for liability concerns, he felt, as the volunteer leader of the group, the liability could fall on him. The Board does not know if that would be the case, but can understand and respect Tony's position. The Board did include another review of our first decision at the next Workshop on April 30, 2013, but could not find reasons to reverse our decision. The Board can say the articles we have read on the subject from different legal counsels did recommend that volunteers should have liability insurance that covers them when something happens on their own property or when they are acting on their own.

YOUR WILLOWBEND BOARD
May 11, 2013

WILLOWBEND SECURITY TIPS

Home Security Basics

Nine out of ten household burglaries are preventable.

Think About It
Knowing about a burglar's three worst enemies — light, time and noise — can help you protect your home from crime. A burglar won't find your home an "easy mark" if he's forced to work in the light, if he has to take a lot of time breaking in, and if he can't work quietly.

"Case" Your Place
Take the time to "case" your house or apartment, just as a burglar would. Here are a few questions to get you started:

Where is the easiest entry? How can you make it more burglar resistant?

• Trim trees and shrubs near your doors and windows. High fences and shrubbery can add to your privacy, but privacy is a burglar's asset.
• Consider trading a little extra privacy for a bit of added security. Force any would-be burglar to confront a real enemy — light.
• Exterior lights, mounted out of easy reach, can reduce the darkness a burglar finds comforting.
• Currently 24 of your Willowbend neighbors do not have their front yard light illuminated. In addition to being required by the Rules and Regulations, illumination from that light may persuade the burglars to move on to another house. One of the unconfirmed break-ins on Crane Prairie currently does not have their front light on. If you know your neighbor does not have their light on, see if you can persuade them to do so.
• Do you have a light shining on each of the entrances to your house? (front door, side garage door, sliders in back) Since our homes are so close together, discuss your plans with your neighbors so your lights are not a distraction when they are trying to sleep. The lights can be set up on motion detectors so they are not illuminated all night
• Consider adding low voltage landscape lights. For $59 at Lowe's, you can buy a set of four light that further illuminate the perimeter of your home and the cost to operate is just pennies a day. (Be sure to turn in an ARC request form.)
• If you are away use automatic timers to turn lights on and off in your living room and bedrooms at random times. Just one light going on and off at the same time in the same room may be a giveaway that you are gone. Be creative; use several timers.

How about noise?

• Try to make the general prospect of robbing your home a noisy job. Noise is that important third enemy of the burglar.
• Many types of alarm systems are available, with detectors to be mounted on doors and windows. Most of Willowbend alarms are mounted inside the homes. If all of your windows and doors are shut, it is likely that even your neighbors will not hear your alarm. Alarms can be mounted outside your home as well.
• Consider connecting a timer to a radio.

What can you do to increase the time to break into your home?

How can you slow burglars down? Time is a burglar's enemy, too. A burglar delayed for four or five minutes is apt to give up and try for another, less difficult location. Simple security devices — including such ordinary equipment as nails, screws, padlocks, door and window locks, grates, bars and bolts — can discourage intruders and keep them from entering.

Consider Some Specifics
Reducing the risk of break-ins is simply a matter of making your home less inviting to burglars than other homes in the neighborhood. It's up to you.

• A peephole or a wide-angle viewer in the door is safer for identifying visitors than a door chain.
• Sliding glass doors present a special problem because they are easier to force open. The hurricane resistant PGT "Wind Guard" sliders that were available as an option from LW are heavier units that are more difficult to lift out. The glass in these units can only be cut with a diamond drill but they are constructed so it is more difficult to add auxiliary locks. You may be able to get extra locks installed by a locksmith. A broomstick in the door channel can help for a single slider, but don't depend on it for security and they do not work for triple or quadruple sliders. A hinged lock available from a locksmith can be installed at the bottom of a slider unit and will lock to sliders together. It takes two of these for a triple slider but they are recommended by the Sarasota Sheriff's dept. They also recommend an inverted "J" lock that secures the end sliders in the door opening. Both of these locks make it difficult if not impossible to lift out a slider. Ed Kulback, a WB resident, has had success in installing barrel bolts, which slide up and lock each panel into place. They are available from Wall Mart. If you are interested in the installation of this type of lock, contact Ed for hints. A small metal screw can be installed in the top of your slider tracks that will allow the slider to move, but prevents it from being lifted out of its track. With the installation of auxiliary locks your sliders can be made quite secure.
• Locks. Deadbolt locks are best. For your double doors, be sure that the deadbolts are engaged at the top and the bottom of the door. You may even wish to install a heavier deadbolt for the door that you open most frequently. Srgt Neil Scully or the SSD suggest that residents install longer screws in the strike plates for a more secure lock.
• Windows. Key locks are available for all types of windows.
• Garage Doors. A number of Willowbend residents leave their garage doors open during the day. A break-in on Crane Prairie occurred during the day and leaving the garage door open invites them to your home. There is a sliding deadbolt on the interior of your door that you can use when you are away.
• Are any of your valuables - such as a painting, a silver collection or an antique chair-easy to see from outside? Rearranging your furnishings might be advisable if it serves to make your homeless inviting to criminals! Incidentally, should you ever need to report a burglary or file an insurance claim, a household inventory - a listing of your furniture and major personal belongings - could be a valuable document.

Make the Extra Effort
Here are some "home security habits" to develop and practice:

• Establish a routine to follow in making certain that doors and windows are locked and alarm systems are turned on
• Avoid giving information to unidentified telephone callers, or announcing your personal plans in want ads or public notices (such as giving your address when advertising items for sale). Notify police if you see suspicious strangers in your area.
• Handle your keys carefully. Don't carry house keys on a key ring bearing your home address or leave house keys with your car in a commercial parking lot. Don't hide your keys in "secret" places outside your home - burglars usually know where to look.
• Remember special vacation tips. This is a clear giveaway that the owners are not home. When going on vacation, leave blinds open in their usual position. Have mail and packages picked up, forwarded or held by the post office. Lower the sound of your telephone bell so it can't be heard outside. Arrange to have your lawn mowed or your walk shoveled. Stop newspaper deliveries. Ask a friend to pick up "throwaway" newspapers and circulars. Use automatic timers to turn lights on and off in your living room and bedrooms at appropriate times. Consider connecting a radio to a timer. Tell police and dependable neighbors when you plan to be away and join with your neighbors to keep a close watch on what's happening in your area - working closely with them is a good way to prevent crime.

...And Remember This
Confronting a thief in your home is frightening. Follow this advice:

• Run away if you can and call police.
• Lock yourself in a room if you can't escape.

Cooperate and stay as calm as possible should you find yourself face-to-face with a burglar.

Thursday, February, 21, 2008

Willowbend Residents of All Ages are invited to a FREE Ice Cream Social on Sunday, March 9, 2008, from 2:00 - 4:00 PM at the Willowbend Recreational Center. This is brought to you by your Social Committee who will serve you a dish of ice cream onto which you may put toppings of your choice. There will be coffee and soda to drink while Irish music plays setting the background for neighborly fun. Come "Meet and Greet" your neighbors right in your own back yard! Questions??? Call Mimi Lindberg 966-2505 or write at skimom114@yahoo.com.