Board of Directors
FEBRUARY 7, 2005
CALL TO ORDER
President Chuck Baker called the regular meeting of the Lake Moovalya
Keys Board of Directors to order at 6:09 p.m.
President: Chuck Baker
Vice President: Chris Chambers
Board Members: Bill Risen, Bob Stroud, Jack Sweeney, Joe Maxwell,
Squeak, Gary Svider, Joe Price, Trish Wikoff
Board Members: Tonya McPherson (resigned)
Guests: Ken Ferguson (lot 172); Barbara Risen (lot 184); Richard
& Debbie Fevurly (lot 79), Theodore Kramer (Fevurly’s
contractor); Larry and Kristy St. George (lot 26); Wade Ruhman
(lot 64); Dean & Cecilia Tweedy (lot 173); Robert Gory of
Robert Gory Realty
Legal Counsel: John C. Churchill
Bookkeeper/Recording Secretary: Sue Thomson
General Manager: Joanne Hugaert
Mr. Baker called for introductions by everyone present at the
CALL TO PUBLIC
Mr. Gory took the floor on behalf of his client who owns the 3.5-acre
parcel to the north of, and adjacent to, the Keys. His client
has listed the property for sale. Mr. Gory presented a map showing
lack of ingress and egress due to his client’s recent quitclaim
to the Association of the area where the mailboxes are located.
Mr. Gory stated his client hasn’t been here for approximately
twenty years, and thus did not object to the presentation of a
quitclaim proposed by the Association’s legal counsel. Now
that the property is on the market, it has come to light that
there is no access to the property except via the Association’s
gated entry, and Mr. Gory’s client is requesting the right
to enter this property via the Association’s gate, and an
easement document has been drafted by a licensed surveyor in which
he is asking for 24’ of the original 48’-wide access
that was in effect when he purchased the property, and before
the gate was installed. The property is zoned R-3 (high-density,
multi-unit residential), with river access. There was discussion
among the Board regarding where access would continue should the
Association give access rights, and it was noted that the easement
area would be where the boulders are located (adjacent to the
mailboxes). There was a question about future owners having access
to the dumpsters, and that they should contribute towards trash
Mr. Baker expressed his concern about the
multi-units and the multiple owners accessing their properties
through the gate. Mr. Gory stated that most of the land backs
up to Miraleste Shores, and most of the land is not visible from
the front. He stated that a road, a sewer system and power would
go in on the property. There was discussion about the new dirt
road to the property serving as temporary access, but the first
50’ of that road belongs to another property owner (Eunice).
Mr. Gory stated that a lateral is already there.
Mr. Baker asked Mr. Churchill for his advice
on any problems he sees with Mr. Gory’s easement request.
Mr. Churchill stated that the easement represents a small piece
of land, and that there may have been a mistake made in not reserving
an access easement to this property. The mistake was not on the
attorney’s part. Mr. Churchill asked Mr. Gory what his client
planned on doing with the other 24’ of the original 48’
easement. Mr. Churchill recommended analyzing the situation, because
of the high-density zoning, in an executive session of the Board.
Mr. Gory stated that his client wants to resolve the matter prior
to selling the property, and that there is no other access to
the property because there is no other 300’ line of sight.
Mr. Gory further stated that the Vista Del Monumento Acres parcel
formerly owned by Graham was given access rights through the Association’s
gate, and he stated that his client was not aware of the Association’s
Mr. Ferguson updated the Board on the junk
located on lot 226, stating just 30 minutes prior to this meeting
he took a photo which shows that only one chair, one desk and
one other piece of furniture had been removed from the property
since his report last month. He stated that everything else is
still there. Mr. Baker reported that Mr. Churchill sent a letter
to the lot owner, and the lot owner is still within the 30-day
Mr. Ruhman stated that his attendance at the
meeting was, first, to get more involved. He is also interested
in the possibility of an absentee voting system, as he states
that the weekenders want to get more involved, but they cannot
do so when they are not here. He suggested video taping the meetings.
Mr. & Mrs. St. George expressed their
concerns about lack of security that results in large parties
(over 100 people) and excessively loud noise and music going on
until 3:30 – 4:00 a.m. on holiday weekends. Because of this,
the St. George family goes out of town on holiday weekends, and
their absence over recent holidays resulted in three separate
break-ins on their property, at the same time these parties were
occurring. They believe that the gate codes are too available
to outsiders, and access should be prohibited to the large number
of partygoers. They also feel that homeowners who allow the large
number of partygoers into the gate should be responsible for paying
for security service. Police reports were filed at the time of
each break-in. They stated that their neighbor, an elderly woman
who just lost her husband, is afraid to even come out of her house.
Mr. St. George also questioned the policy
on boat storage on one’s property, and it was clarified
that if the boat is parked behind the property boundary (which
is not the white line), it is allowed. He also questioned the
fact that there are boats parked in the common lot for longer
than is allowed, and many have not been cited. Mr. Baker responded
that the Association has just been made aware of a tow operator
who is willing to tow at the owner’s expense, something
the Association has had difficulty getting implemented in the
past. Mrs. St. George stated that keeping unauthorized persons
from the premises is her major request. Mr. St. George also requested
assistance in keeping “rice rockets” and four-wheelers
from racing up and down the streets, which was the case last Friday
night, stating that they were traveling 60-70 MPH. Mr. St. George
said he stopped the riders twice. He also stated they were at
it until approximately 3:30 a.m. Squeak stated that homeowners
should call the Sheriff. If the Sheriff has to come out twice
for the same problem, someone will get arrested. Mr. Churchill
stated that the Association can’t be the “police”
when criminal acts are committed, and such acts have in the past
been deemed “disturbing the peace”.
Mr. Baker reported that the Board has discussed
having security service every weekend. Mrs. St. George also expressed
dismay over extremely profane, loud music being played even during
daytime hours, which music is not appropriate for her daughter.
Mr. St. George stated that he is tired of being a bad guy who
has had to carry around a ball bat. Mr. Ruhman stated that he
has always turned down his music when requested. Mr. Baker concluded
by stating that the Association is working on the problem, and
he recommended that homeowners call the Sheriff. In addition,
the Sheriff will see that minors are not out after curfew.
Mr. Kramer had previously submitted a remodeling
plan for the Fevurlys. The Board having previously reviewed the
plans, noted that the building height shown on the plan is 21’3”,
which Mr. Kramer stated is not structural, but merely decorative.
He stated the main building height is 18’. Mr. Kramer further
stated that the Fevurlys purchased the home for their retirement,
and that the owners wish to enlarge the garage so that the boat
fits inside the garage, which would be more aesthetic. Mr. Kramer
asked the Board for some leeway on the height restriction. Mr.
Baker explained that 18’ is the maximum height limit, and
that other owners have had to tear down excess structure to comply
with the height requirement. Mr. Baker also explained the history
of how the limit came to be 18’ in 1995 when the CC&R’s
were amended by a 75% vote of owners, in which the former rule
of no two-story houses was abolished, and a new height limit of
18’ was established.
Mr. Churchill stated that the Board does not
have the power to change the restriction. Mr. Baker stated that
the only way a rule (restriction) can be changed is for 75% of
all owners to agree on a rule change. Mr. Churchill stated that
the 1995 amendment was a formal amendment to the CC&R’s,
which was recorded with the County. He added that in 1995 the
18’ height restriction was a hotly contested issue, where
many owners only wanted a 15’ limit. The amendment also
took about two years to actually come to fruition.
Mr. Price and Mr. Sweeney reported that the
Fevurly plans do not show the front setback, and Squeak reported
that the side setback is indicated at only 4’6”.
Mr. Fevurly also states he shares a wall with
his neighbor, and there is a tree planted in the center of their
property line which is growing up into the utilities. He spoke
with Ms. Hugaert about it, and Mr. Fevurly reports that his neighbor
does not wish to move the tree. Mr. Churchill responded by stating
that this is not an Association problem, as the tree is not on
Mr. Tweedy stated that he is in attendance
tonight to get to know everyone and to present the Board with
a conceptual drawing to enlarge the garage and to paint the house
to better match the surroundings. He stated that he has not yet
hired a contractor. Mr. Sweeney stated that the “concept”
looks fine, but what he has submitted is not a plan. Mr. Baker
told Mr. Tweedy to make sure his official plan meets setback and
height requirements, and that setbacks and height are shown on
The Minutes from the January meeting having been previously reviewed,
Mr. Risen made a motion to approve the January Minutes as presented.
The motion was seconded, and the motion carried.
Mr. Sweeney stated that the Association is getting nowhere in
its collection of security deposits from owners of rental properties.
Mr. Baker stated that this item is on this evening’s agenda.
Mr. Baker discussed the county assessment
notices, which were recently sent to all property owners. He stated
that property values from Lakeside to Holiday Harbour have been
reassessed and show a substantial increase for 2006. He has been
to past meetings to fight reassessments, and as an example, he
stated that one should not try to fight a $400,000 assessed value
if one has paid $600,000 for the property. The assessed value
of a property should be equal to other single-family homes in
the area, and one could use the inequality argument to appeal
an assessment. Mr. Baker also stated that the Assessor is bringing
assessments up to about 80% of value. In interpreting the assessment
notices, the top line represents fair market value, and the limited
value is a mathematical calculation, which can only go up by a
certain percentage. Taxpayers are paying tax on the top number.
Like properties should be assessed the same (as they relate to
size, age, location, etc.) Mr. Churchill stated that the Assessor
knew properties were being substantially undervalued in the past.
Mr. Baker stated that because of the building boom and appreciation,
the State of Arizona told the counties to catch up.
Mr. Baker stated that he needs to research
old Association minutes to identify specific, budgeted capital
expenditures and add them to the capital improvements budget.
Ms. Wikoff reported that the asphalt patch
job that was done on Papago by Verizon’s subcontractor is
bad. Ms. Hugaert was asked to follow up with the subcontractor
to get it properly patched.
January Financials. Mr. Price made a motion
to approve the January financial reports. The motion was seconded,
and the motion carried.
GENERAL MANAGER’S REPORT
Mr. Risen asked if Mr. Vescio was paid for his work on the poles
and cable installation on lot 198. Ms. Thomson stated that he
was paid, but the pole did not fall until after he was paid. Mr.
Svider reported that Mr. Vescio has fixed the fallen pole twice,
stating that the rain loosens the ground and kids keep swinging
on it causing it to fall. Mr. Sweeney reported that Mr. Vescio
was working on the pole again today.
Mr. Svider inquired about the cost of laminating
the visitor passes. Ms. Hugaert responded that she doesn’t
have a price as yet and that she is still working on completing
the passes themselves. Mr. Svider reported that Walmart has a
laminator for about $25, with 20 letter-size sheets for under
$8. Mr. Svider offered to obtain the laminator and sheets at Walmart.
Mr. Baker approved Mr. Svider’s offer.
Mr. Maxwell made a motion to approve the January
prepaid bills. The motion was seconded, and the motion carried.
Mr. Baker reported that Tonya McPherson resigned her position
on the Board of Directors due to her son’s current health
The oleanders behind the mailboxes are still
in need of trimming and should not be put off any longer due to
optional plans for the area.
Mr. Sweeney made a motion to have the oleanders
trimmed by Parker Tree Service at its prior bid of $1,200. The
motion was seconded, and the motion carried.
Squeak expressed appreciation for Mr. Sweeney’s
time over the course of three days in obtaining and installing
the new gate card reader. The Board also expressed its appreciation
of Mr. Sweeney’s efforts.
Squeak made a motion that the Association
buy dinner for Mr. Sweeney and his wife. The motion was seconded,
and the motion carried.
Mr. Stroud updated the Board on his search
for a contractor to resolve his flooding problems. He stated that
he has not been able to get any contractors to return his phone
Mr. Baker responded to Mr. Green’s (lot
112) claim of a discrepancy in what the Board told him would happen
on the job versus what he claims Mr. Baker told him the Sunday
prior to the Board’s approval of the job. Mr. Baker stated
that he did not commit to anything with Mr. Green other than what
the Board approved. Ms. Wikoff stated she spoke with Mr. Green,
and that Mr. Green understands the Board’s decision, but
he is not happy that all the neighbors’ water has been running
onto his property causing damage for which he has to pay for the
Ms. Thomson reported on the website’s
current problems in opening some of the web pages, stating that
the webmaster told her some of the pages became corrupt. Ms. Thomson
stated that she is working with the webmaster to recreate those
Mr. Baker identified the mystery tile by the
dumpsters as belonging to Mr. Cann (lot 251), and that most of
the tile has been installed on his new roof, but that he needs
to remove the rest of the tile.
With the relentless rains, weeds are accumulating
on several lots, and Ms. Thomson reported that three weed/overgrown
vegetation letters were sent last month to lots 5, 56 and 207.
Ms. Thomson was asked to send a weed letter to lot 25 as well.
Squeak reported weeds on one of the lots behind the lot (226)
with the junk on it.
Concerning security deposits for rentals,
Ms. Thomson stated that the local brokers are cooperating by informing
her of their rental properties in the Keys, and she is keeping
track of all known rentals and their agents, if any. Ms. Thomson
also stated she informs new owners of their responsibility to
pay the security deposit if they are renting their properties.
Mr. Baker asked Mr. Churchill how the Association could enforce
owners of rental properties to post the required security deposit,
and Mr. Churchill stated that they could be assessed. Ms. Thomson
stated that she would bill those rental property owners who have
yet to submit their deposits on the next quarterly billing statements.
After a review of the calendar, Mr. Baker
suggested that the annual membership meeting be set for Saturday,
March 26, 2005.
Mr. Price made a motion to set the next Association
Annual Membership Meeting for Saturday, March 26, 2005. Mr. Sweeney
seconded the motion, and the motion carried.
Registration will begin at 9:00 a.m., and
the meeting will start promptly at 9:30 a.m. The meeting will
be held in the common parking lot. Lunch, soft drinks and beer
will be served at 11:30 and will be free to all who attend the
Since the annual meeting is set for next month,
the Board will fill the vacancy created by Ms. McPherson’s
resignation at that meeting. Mr. Svider suggested that this be
done in open-forum style at the meeting.
Mr. Stroud stated there have been conflicting statements regarding
parking time limits. Is it 24 hours or 72 hours when parking in
front of houses (between the property boundary and the white line)?
It was clarified that 72 hours is the time limit for parking in
this area; anything in excess is considered storage.
Ms. Hugaert responded to questions about boats
and trailers parked over the time limit in the common lot by stating
that she has tagged them, but if they have no ID sticker, she
cannot cite them because the owners are unknown. Squeak suggested
locking the trailers that have no ID. Also, there are a few boat
trailers parked on private lots that are either over the property
line, or the trailer tongues extend beyond the property line.
Mr. Baker stated that those owners be requested to move them back
inside the property line or else risk being towed away at the
owners’ expense. Mr. Svider recommended proper documentation
to homeowners (letter and photo) prior to towing.
Mr. Stroud mentioned that the oleanders by
the common lot are still in need of minor trimming and shaping
as discussed at a prior Board meeting. Mr. Baker asked Ms. Hugaert
to meet with Angel to arrange for this to be done, including the
oleanders by the dumpsters.
Mr. Sweeney made a motion to disapprove the
Fevurly plans on the proposed lot 79 remodel based on height and
setbacks. Mr. Price seconded the motion. Mr. Kramer stated that
the setbacks are correct, and Mr. Sweeney stated that the setbacks
are not shown on the plan. Squeak stated the property lines must
be shown on the plans. There being no further discussion, the
motion carried unanimously.
The Sapp plans for the remodel on lot 75 have
been resubmitted, and Mr. Sweeney stated that they look good,
but the owner needs to certify line, height and grade. Mr. Churchill
agreed that Mr. Sapp needs to set line and grade to certify the
5’ setbacks and the 18’ height. Mr. Sweeney stated
that the proposed structure might not comply with the 18’
Mr. Sweeney made a motion that Mr. Sapp’s
plans be conditionally approved, the conditions being that line
and grade be set for 5’ and 10’ on the four corners
and that a survey be done to certify the 18’ height of the
finished structure. The motion was seconded. Mr. Churchill commented
that the plans say 5’, 10’ and 18’, but he is
concerned because the slab isn’t where it shows. Mr. Price
agreed that reference points need to be set; that we need to know
where the corner pins are on all corners. Mr. Svider asked Mr.
Churchill if he didn’t say previously that the Association
couldn’t force an owner to do a survey. Mr. Churchill responded
by stating that it can be forced when justified. Mr. Sweeney reminded
the Board that one side appears to be only 4’8” from
the boundary. Mr. Churchill stated that he previously told Mr.
Sapp that this project is considered a new construction, which
requires him to confirm via a survey that the finished structure
is what his plans propose it to be. There being no further discussion,
the motion was carried by an ‘aye’ vote from all but
Mr. Tweedy inquired as to what he needs to
do to get his plan going. Mr. Price responded by stating that
his plan needs to show that it meets setback requirements.
The meeting adjourned to Executive Session
at 7:55 p.m.
The meeting reconvened to regular session and adjourned at 8:30
Submitted by Recording Secretary, Sue
APPROVED BY BOARD OF DIRECTORS MARCH 7, 2005