Board of Directors
APRIL 10, 2004
CALL TO ORDER
President Chuck Baker called the annual meeting of the Lake Moovalya
Keys Board of Directors to order at 9:45 a.m.
President: Chuck Baker
Vice President: Chris Chambers
Board Members: Russ Derby, Tonya McPherson, Joe Price, Gary Svider,
Bob Stroud, Joe Maxwell, Bill Risen, Trish Wikoff, Jack Sweeney
General Manager: Richard DiNolfi
Bookkeeper/Recording Secretary: Sue Thomson
Legal Counsel: John Churchill
District 2 Supervisor: Cliff Edey
La Paz County Sheriff: Hal Collett
PROPERTY OWNERS PRESENT
The sign-in sheet of those present at the Annual Meeting is on
file with the Association. The number of homeowners represented
at the meeting was 63.
Mr. Baker introduced guests Cliff Edey and Hal Collett. Mr. Collett
made a presentation regarding law enforcement of river activities,
including the canals at the Keys. He stated the Sheriff's Office
is commencing a program of monitoring boat noise levels with decibel
meters. The Sheriff's Office is responding to complaints about
excessive noise, as the trend is for an older generation becoming
permanent residents of the area.
A Deputy Sheriff spoke about the specifics
of the decibel metering, stating that anything over 86 decibels
is considered high volume, with a reading of 95-96 being considered
excessive, and anything in the 102-110 range will result in a
pursuit via sirens. Although the Sheriff's Office wants residents
and visitors to abide by the law, their philosophy is to uphold
the law while maintaining the spirit of what the community wants.
After midnight on a weekend, the law will be upheld. It may be
in our future to see muffling devices being required on excessively
noisy boats. Concerning the speed limit on the water, it is whatever
is reasonable and prudent for the conditions at the time. The
Sheriff's Office is doing its best to educate the boating public.
There was a question regarding the distance from which decibels
are checked, and the Deputy stated that when a boat is idling,
it would be checked at about 50'. A question regarding alcohol
consumption on the river was answered by the Deputy stating that
alcohol on the river is not illegal. However, if an officer sees
a driver drinking while operating a watercraft, he or she will
be stopped and tested. The Sheriff's Office will also check boats
to see if safety regulations are being met. Safety citations are
now considered a petty offense, instead of a misdemeanor. Another
question raised was enforcement in the canals. The Deputy stated
that they normally patrol the canals twice a day.
Mr. Collett spoke about enforcement in the
canals, reporting that he would like to patrol more, but they
must cruise at no-wake speed, and it therefore takes approximately
20-30 minutes to cruise all the canals, which means that patrol
boat is not available to patrol the river while it is occupied
in the canals. They do patrol at random, and on holidays the Sheriff's
Office works in conjunction with the San Bernardino County authorities
as well as Game & Fish to patrol the waterways. Mr. Collett
stated that patrol boats will be visible in the middle of the
night in the future. A question regarding reckless boat drivers
was answered by Mr. Collett stating that a civil complaint can
be filed against such persons, if the complainant makes a note
of the hull number and reports it to the Sheriff's Office. A civil
complaint can be filed on any violations of a total-disregard
nature. Mr. Collett stated that he is looking for public input
in order to balance community needs. Tourism and quality of life
are all we have here. The Sheriff's Office wants to promote safety
and protect lives. There was a question regarding Sheriff's Office
reserves, and Mr. Collett stated that they have volunteers. There
was a question regarding the validity of Coast Guard watercraft
registration, and Mr. Collett stated that Coast Guard registration
is valid. There was a question regarding discrepancies in the
law between Arizona and California, and Mr. Collett stated that
Arizona laws are generally more liberal; that we don't enforce
California laws for California vessels. California vessels must
comply with Arizona law. Mr. Collett stated that he doesn't know
if California recognizes Arizona laws, such as 12 year olds being
of legal age to operate a vessel under Arizona law. Mr. Collett
stated that the Sheriff's Office can be reached by calling 911
to report an emergency, or by calling 311 for a non-emergency
matter. The Sheriff's Office is available to assist the public
in accident reporting for insurance purposes, so he urged those
in need to call.
Mr. Edey spoke about current projects in our
area, including parks, the golf course, and of the renovated launch
ramp at Take-Off Point, which just reopened on April 1. It now
has two boat lanes and launching is much improved.
Regarding road improvement, Mr. Edey reported
that there is money in the bank to rebuild Riverside Drive, however,
it won't be done until the sewer pipes are installed. The two
projects will be piggybacked, so that the road is torn up only
once. There will be more visibility at the curves, with the speed
limit hopefully going up in some places to 30-35 MPH. The Golf
Course Drive improvements are complete. Regarding property taxes,
properties in the Keys pay the lion's share of property taxes.
Because the state has lowered the tax rate, there have been no
gains in revenue over the past six to seven years. There was a
homeowner question regarding the WAPA power lines. Mr. Collett
stated that there was an attempt in 1999 to get them moved, but
after 9/11, funds were diverted to create Homeland Security, and
there are no longer any federal funds available for this purpose.
There was a question regarding the possibility of a traffic signal
at 95 and Casino Drive. Mr. Collett stated that the plan is to
improve the highway from Safeway northward, where there will be
five traffic lanes, with signals at Casino Drive and at Airport
Drive. ADOT has approved the funding for this project.
The Board of Directors and service providers introduced themselves,
stating their positions and how long they have been affiliated
with the Association. Mr. Baker asked for a show of homeowner
hands as to how many years they have owned property in the Keys.
A majority of the homeowners present have been homeowners between
one and five years.
Mr. Baker reported that the minutes for the 2003 Annual Meeting
are not available due to circumstances of the Association's former
recording secretary. However, minutes have been constructed in
as detailed a fashion as possible from Mr. Baker's notes of the
meeting last year. However, they are not to be construed as official
minutes, merely an outline of what transpired. Mr. Baker made
a correction to the minutes of the 2003 Annual Meeting, stating
that 69 homeowners were represented at the meeting.
Mr. Baker reviewed the vote taken at the 2003
Annual Meeting on the common lot parking rules' issue. The results
were 53 voting for a seven-day parking limit for cars and trailers;
9 voting for cars only; and 7 voting for trailers only.
Mr. Baker discussed the 2003 year-end Balance Sheet, specifically
the bank balances and the approximate $20,000 we have on deposit
earmarked for final sewer-related matters. He stated that Mr.
Churchill is sending a final letter to Kenko requesting them to
respond to our letter of March 2003 within thirty days, or the
Association would keep the $20,000.
Mr. Derby made a motion to approve the 2003
Financial Statements. Mr. Price seconded the motion. There being
no discussion, the motion carried.
Mr. Baker explained that the Association operates under the CC&R's,
which originated in 1966, and were revised in 1995. The Association's
Bylaws operate under the CC&R's and call for a maximum 11
members to serve on the Board. Regular Board meetings are held
on the first Monday of each month at Buckskin Fire Department.
All homeowners are welcome to attend Board meetings.
Richard DiNolfi is the Association's General
Manager, serving as policeman to enforce the CC&R's and to
maintain the common area. Homeowners will meet up with Mr. DiNolfi
if they do anything wrong. Mr. Baker encouraged homeowners to
call the General Manager for any complaints, and Mr. DiNolfi's
telephone number can be found in the phone book (Moovalya Keys,
Inc.) or on the Association's website (moovalyakeys.org). Mr.
Baker explained that on November 1, 2003, Complete Tax Service
was no longer performing the Association's accounting services.
They are now being done in house by Sue Thomson, who handles the
bookkeeping, billing, minutes, website maintenance and correspondence.
The Association has a new gardener, Guy Dearcos, who takes care
of the lawns every other week. Mr. Dearcos was hired to replace
Don Braun, who retired on February 19, 2004.
Mr. Baker explained that because Association
streets are private, there are no Sheriff's deputies patrolling
our streets, which also means that the Association is in charge
of street maintenance. The streets were just seal coated, and
they will be re-striped. The roads will need no further maintenance
for another three to four years, at which time they will receive
another seal coat. Our streets should be in good condition for
at least ten years. Mr. Baker reported that the only major expense
item left at this time is the repair of the wood framing on the
bridges, which repairs will be done when the water level is down.
Mr. Baker gave a history of the Association,
stating that it was incorporated in 1966, and there is historical
information at Robert Gory Realty for history buffs interested
in seeing photos of what the Keys used to look like. There were
three founding partners of the Keys: Bud Graham, who owned the
land; Max Dunlap, who had the equipment; and the third partner
was the moneyman. Mr. Baker stated our development is unique in
this area because the canals were "bootlegged", as they
were not known to exist, and at that time we were part of Yuma
County, with plan checks being done out of Yuma. They didn't pay
much attention to this part of the county, so the canals became
part of the development, something that will never happen again
anywhere else. Mr. Baker stated that lots originally went for
about $12,500, with water lots going for about $17,500. However,
some sold at $6,500. Plan checks were easy because they were coming
out of Yuma at the time.
Mr. Baker explained how the Association handled
the manmade flood of 1983, stating that water rose three feet
in the canals. The Army Corp. of Engineers didn't know what to
do, and Mr. Baker and Robert Gory suggested blocking off the two
ends of the development to stop further flooding, then installing
irrigation pumps to pump out the water. This procedure was implemented,
and within 1 to 1-1/2 days, the water level was down close to
normal, which saved many houses and septic tanks. Mr. Baker talked
about when the main bridge started to fall apart in the late 1980's.
It was engineered and rebuilt at a cost of $80,000. In the 1990's
there was a similar problem with other bridges, and those were
engineered and rebuilt at a cost of $125,000. Mr. Baker stated
that our roads are new after the sewer installation, and they
will last indefinitely. The Association spent ten years dealing
with the sewer project in a hands-on fashion by the Board of Directors
and the sewer board.
Mr. Baker gave a valuation history of houses
and lots sold in the Keys:
In 1975 the average house sold for $50-60,000; lots for $14,000;
1980 was $90-125,000; lots $35,000;
1990 was $130-150,000; lots $55,000;
2000 was $275-280,000; lots $100,000;
and in 2004 the average house is going for $500-550,000; lots,
if any are available, average $250,000.
Mr. Baker opened nominations for the Board of Directors, noting
that the Association currently has the maximum number of 11 Board
Neil Kleine made a motion to retain the current
board of directors. The motion was seconded and carried. There
was a homeowner inquiry about whether or not there was a quorum,
and Mr. Baker stated that a majority vote is required only of
those attending the meeting or by proxy vote, and that there is
a quorum present. Mr. Churchill confirmed this.
The following were elected as Board members
for the coming year:
DISCUSSION OF PROJECTS
Mr. Baker reported on delinquent accounts, stating that at this
time, there is only one delinquent account over $300. Mr. Baker
explained the series of three collection letters that go out to
those homeowners who are $300 past due. If the past-due amount
remains unpaid after the due date set by the third notice, then
a lien is filed on the homeowner's property.
Kenko - Mr. Baker again mentioned the
Kenko funds the Association has on deposit in the approximate
amount of $20,000, which is to be used for the punch list items,
and that if Kenko does not respond to Mr. Churchill's final demand
within 30 days, then the Association will claim the monies. There
was a homeowner question regarding flooding, and an insurance
claim made, resulting from Kenko's work. Mr. Baker explained that
the sewer project was not an Association project. Buckskin Sanitary
District hired Kenko to install the sewer system. Claims for damage
should be submitted to Buckskin Sanitary District, while our Association
will look at drainage problems as they relate to the rise in the
Gate - Mr. Baker discussed the gate
and telephone entry system, and that if anyone has any problems
with the gate, they should call Mr. DiNolfi.
Front area improvement - Mr. Baker
reported that the Association is in the process of obtaining rights
to the property by the mailboxes and dumpsters, including the
grassy area, by quiet title actions, so that it can be fixed up
for more visual appeal. One of three property owners has responded
to Mr. Churchill's demands by quitclaiming his interest in one
of the strips of land, and as soon as Mr. Churchill has successfully
obtained the other two quitclaims, the Association will commence
improvements to the area. We have installed a new trash gate,
and the guardhouse has new stucco. The Association has installed
new metal lettering on the front wall to identify "Lake Moovalya
Keys" to visitors.
Street striping - The streets will
be re-striped at the former 18' apart.
Signs & Buoys - We have purchased
two new reflective "no-wake" signs, and new buoys are
Surveillance Cameras - An unknown vehicle
recently caused damage to the wall at the entrance to the Keys.
We have located the incident on camera and are attempting to identify
the vehicle causing the damage. The Association has already caught
on camera an S-10 on the lawn about a week ago. The cameras also
allow us to catch trash violators on tape.
Chained lots - The Association obtained
permission to chain off with lock and cable five vacant homeowner
Debt - Last year the Association paid
off the $125,000 loan for the bridge repair, and the Association
currently has no debt.
Speeding - Speeding off-road vehicles
continue to be a problem, and the Association is hopeful that
speed bumps will not become necessary. Perhaps a posted sign that
says "Only You Can Prevent Speed Bumps" would be effective
in curbing this problem. The Sheriff's Office has let us use its
portable radar speed display unit to assist in public awareness
of this problem.
Renters - Renters are one of our biggest
problems, as they mean more vehicles and boats on the premises,
and because renters are not familiar with Association rules. Something
needs to be done about this problem, and we need everyone's cooperation.
Mr. Baker explained, however, that the Association does not wish
to be the Gestapo. He did state that homeowners are responsible
for their tenants, and that rules and fines are in the works.
Homeowners are responsible for their tenants' actions, and the
Association has the right to lien the property owner for such
fines. Mr. Baker stated that any person violating the rules should
be reported to Mr. DiNolfi.
Ongoing concerns - Mr. Baker stated
that current concerns include dog problems, parking issues, and
renter problems. He expressed his desire for compromise between
the permanent residents and the weekenders. He acknowledged that
many permanent residents used to be weekenders---so invite them
to the party!!
There was a homeowner question regarding address lettering on
the canal side of houses, and where should the numbers be specifically
placed. Mr. Chambers stated that anywhere on the back wall, or
the house, that is visible to the fireboats would be most helpful.
The fire department does not reference locations by lot number,
so lot maps are of no use to the fire department. They must have
an address. Mr. Chambers stated that fire department personnel
know the canals by street name, but they cannot identify specific
houses from the water unless street numbers are posted. He stated
that when a fire was reported last week by a neighbor across the
canal from the fire, the caller had to drive around the block
to the burning house to get the address to report where the fire
was. House numbers on that house would have saved fire department
response time. Mr. Chambers did state that the fire department
has caller id, and telephone numbers are linked to the caller's
Next was a homeowner question regarding rules
and fines, and will the homeowners get to vote. Mr. Baker explained
that the Board members address the problems, but it seeks homeowner
input. Homeowners should give their input to a Board member.
Question was raised regarding clarification
of the recent Parking Notice sent to homeowners. Mr. Churchill
stated that no one can park between the white lines; that part
of the area just outside the white line is not homeowner property,
and that one can "park" an operable vehicle temporarily
in this area, but one cannot "store" an operable vehicle
in this area. Mr. Churchill went on to explain that the area between
the white lines is a no-parking, tow away zone and is for emergency
vehicle access. The white line is not the homeowner's property
line. An operable vehicle that is parked beyond the lot boundary
for more than 72 hours is defined as "storage". A boat
may not be parked outside the property boundary at any time, as
boats are not operable vehicles. Boats can be parked on your own
property, improved property only. Boats cannot be parked on vacant
A query was made as to where the property
boundaries can be found. Mr. Baker stated that most property boundaries
are where their water meters are located, about two feet from
the white line. Mr. Churchill stated that some houses are closer
to the property lines than others because of variances.
A homeowner stated that he got a parking violation
notice during the winter season after about two hours of parking
because his tires were slightly over the white line. The homeowner
stated that he was told that the white stripes are just a "guideline".
Mr. Churchill stated that the stripes are 18' apart, which is
the minimum amount needed for two vehicles to pass together on
Question was raised about replacing the buoy
at the main canal. Mr. Chambers stated that the buoys were going
back up on Monday. Another homeowner requested that an additional
no-wake sign be installed in the canal by their property (lot
020). The Board will get together with Mr. DiNolfi regarding this
There was a question as to why family guests
cannot sleep in an RV that is parked on a homeowner's property.
Mr. Churchill explained that sleeping in an RV on a developed
lot is a violation, and is restricted by the CC&R's because
of the single-family-residence rule. Mr. Baker stated that if
people want to change the CC&R's, it requires a 2/3 vote of
all homeowners. He further stated that if the Association let's
one or two people sleep in RV's, then the area could turn into
a campground. The homeowner stated that these RV's are million
dollar RV's. Another homeowner inquired of the Board about the
possibility of issuing visitor passes for RV's. Mr. Baker again
stated that in order to deviate from this rule, a 2/3 vote is
Kenneth Beard (lot 108) stated that there
has been poor communication between him and the Board in the past,
as he has attempted to get a list of homeowners but has not been
successful. Mr. Baker stated that Ms. Thomson would send him a
Another homeowner inquired as to why rules
never get changed at annual meetings. Mr. Churchill stated that
the required 2/3 vote to amend CC&R's is a 2/3 vote of all
homeowners, in writing, not just those in attendance at an annual
meeting. Mr. Baker stated that the Board could put together a
ballot if a homeowner can get a list of at least 25 homeowners
who wish to see a particular rule changed. At that point, the
Board would distribute a ballot to all homeowners for a vote.
There was a homeowner inquiry about renter
problems, specifically loud stereos. Mr. Baker stated that rules
of this nature are not specific by design; that approximately
10 p.m. on weeknights and midnight to 1 a.m. on weekend nights
is the appropriate time to turn down the music.
Question was raised if the Board has the authority
to authorize the General Manager to give a variance. Mr. Baker
and Mr. Churchill both responded no.
Another homeowner expressed his displeasure,
and embarrassment, at the number of signs one sees when coming
through the gate.
Question was raised about why the Vista del
Monumento Acres' homeowners are not part of the subdivision. Mr.
Baker explained that Moovalya Keys uses their road for access.
This road was owned by Bud Graham and extends from the second
story house past the vacant lot, and we have an agreement with
them that we will maintain their road and provide them access.
There was a question about the dilapidated
roof on the structure on lot 010; is that lot part of the Association,
and what is being done about it. Mr. Baker stated that it is part
of the Association, and that the Board members, at the April 5
meeting, authorized Mr. Churchill to send letters to the owners
of lot 009 and 010 regarding removal of overgrown vegetation and
structural improvements to be made.
There was a question regarding the status
of the Kenko money, and what will happen with it. Mr. Baker explained
that the Board would look at all the problems as a whole, and
not on an individual basis.
A question was raised regarding the accumulation
of silt in the canals, the pumping of silt, and the shallowness
of the water where silt accumulates. Mr. Baker suggested the matter
be brought up at a regular Board meeting.
The meeting adjourned at 11:17 a.m. to a barbeque lunch.
Submitted by Sue Thomson, Recording Secretary
APPROVED BY BOARD OF DIRECTORS MAY 3, 2004