October 3, 2006

Dear Neighbors,

September 30 dawned bright and sunny on a glorious Fall Day capped by an incredible mixture of sun and clouds setting due west of our beach atop a placid Cape Cod Bay. With duty in mind, the FMB met with a full complement of board members and an esteemed group of homeowners in attendance. This letter contains equal amounts of information about recent happenings and reminders of things that we should have done but still can accomplish.

First, consider the following happenings.

1. Sea Pines has closed the pool.
2. The Clubhouse will soon be adorned with new vertical window treatments.
3. The FMB will convene next on October 28th. At that time the main agenda item will probably be the budget for calendar year 2007. The outcome will be a recommendation of fees for the coming year, an issue that will be addressed at the following meeting to be held on December 2nd.
4. The scheduled work on the chimneys is virtually complete.
5. The Bluff Committee plans to submit a Notice of Intent for the cutting of the Bluff by November 16th, thereby allowing for a response to the Conservation Commission before the June deadline for obtaining our Order of Conditions. The Audubon Society has been studying the Bluff and will work with the Committee on the nesting issues that concern the Conservation Commission (CC). The Committee will meet with a staff member of the CC on October 4th for a walk through of the Bluff and an exploratory discussion of issues related to trimming. The Committee has taken note of the need to get the CC's agent and the arborist to eliminate much of the recent build-up of invasive species and poison ivy aside the beach path.
6. The Bluff Committee has recognized the tremendous damage through outside the Bluff area that has been caused by invasive species. Preliminary planning proceeds on starting removal of the invasive species.

Now we come to the reminders.

1. As announced earlier and posted on the building's door, owners must have removed their beach items from the storage shed on the beach path by the end of October, at which time the shed will be emptied and prepared for next summer.
2. As provided by the By-laws and the custom of Sea Pines, boats left on the edge of the parking lot opposite to the Clubhouse must be removed and placed in storage by November 1st. Similarly, boats (canoes, kayaks, sunfish, etc.) must be removed from the beach by that date. There is storage on a first-come, first-served basis behind the pool's pump house as long as the boats remain out of sight. Otherwise, the boats must be placed in private storage.
3. Abandoned boats and trailers must be removed from behind the pump house. Owners must identify and tag their property by November 1st. Mercantile will notify owners whose property has apparently been abandoned, to the extent that ownership can be identified.
4. Mercantile will send a letter reminding owners of the requirement of an approved variance for construction projects within units and changes under consideration that lie outside the owner's unit. This letter will also provide information regarding access to the Clubhouse, pool and tennis courts. Mercantile will also identify the contact person for each Phase to whom one can turn for information.

Litigation Corner.

1. Land Court has stipulated that a trial date in the Beach Rights case will occur early in January, but a date has not been set.
2. There is no trial date for the Garage Matter but the court has determined what whereas the attached garage is not part of the owner's unit, undefined other issues will be addressed at trial.
3. The Court has ruled against the plaintiffs in the Adverse Possession Matter, but plaintiffs plan to appeal on legal grounds.
4. In the By Laws Matter the judge rendered no decisions after a meeting on September 13th, taking the issues in the case "under advisement".

For the FMB,

Jim Dalton