|   LAKE MOOVALYA 
                KEYS, INC. 
                Board of Directors 
                Regular Meeting 
                JULY 11, 2005 
              CALL TO ORDER 
                President Bill Risen called the regular meeting of the Lake Moovalya 
                Keys Board of Directors to order at 6:03 p.m. 
              PRESENT 
                President: Bill Risen 
                Board Members: Chris Chambers, Jack Sweeney, Joe Maxwell, Gary 
                Svider, Joe Price, Bob Stroud 
              ABSENT 
                Vice President: Chuck Baker 
                Board Member: Squeak 
                General Manager: John Currie 
              OTHERS PRESENT 
                Guests: Al McPherson (lot 70); Jodi Vescio, (lot 82 resident); 
                Richard & Sheryle Jaschke (lot 171); Barbara Risen (lot 184); 
                Blane Coon (lot 54) 
                Legal Counsel: John C. Churchill  
                Bookkeeper/Recording Secretary: Sue Thomson 
              GUESTS 
                Mr. Risen introduced Richard Jaschke, lot 171, who is interested 
                in a position on the Board of Directors. 
              MINUTES 
                Mr. Price made a motion to approve the Minutes of the regular 
                meeting held on June 6, 2005. The motion was seconded, and the 
                motion carried. Mr. Price made a motion to approve the Minutes 
                of the executive session held on June 6, 2005. The motion was 
                seconded, and the motion carried.  
              FINANCIAL REPORTS 
                Mr. Price made a motion to approve the June Profit & Loss 
                Statement. The motion was seconded, and the motion carried.  
              Mr. Price made a motion to approve the June 
                Balance Sheet. The motion was seconded, and there was discussion 
                about how to collect unpaid security deposits on rental properties. 
                Mr. Churchill stated that a lien could be filed, and Mr. Risen 
                asked if attorney’s fees and interest could be included. 
                Mr. Churchill replied yes to attorney’s fees, and he believed 
                the statutory interest rate of 10% could also be included on a 
                judgment. Mr. Svider inquired about the status of Kathy Leek’s 
                partial security deposit payment on her two rental properties, 
                and Ms. Thomson reported that she has been billed again for the 
                balance. Ms. Thomson was instructed to supply Mr. Churchill with 
                a list of the names and addresses of those who have yet to remit 
                their security deposits. Mr. McPherson suggested that language 
                be checked when there is one owner who has remitted only one security 
                deposit for two rental properties. Mr. Price had a question about 
                fines for citations being deducted from security deposits. Ms. 
                Thomson reported that the need for that has not happened yet. 
                Mr. Svider quoted section 4.8 of the CC&R’s relating 
                to rules, and Mr. Churchill confirmed that rules and fines are 
                considered a special assessment, thus they are lienable. There 
                being no further discussion, the motion carried.  
              The Bookkeeper’s Report and accounts 
                payable having been previously reviewed by the Board were approved. 
              CALL TO PUBLIC 
                No comments from public. 
              OLD BUSINESS 
                Mr. Risen called for an election to fill the two vacancies on 
                the board (one vacancy due to Ms. Wikoff’s absence, and 
                the other vacancy created by Mr. Johnson’s decision to bow 
                out due to qualification issues). The five interested parties 
                to fill the vacancies were named: Trish Wikoff, Al McPherson, 
                Jodi Vescio, Larry St. George and Richard Jaschke.  
              Mr. Jaschke, who was unable to attend last 
                month’s meeting to announce his candidacy, gave a brief 
                statement about himself by saying that he has owned his property 
                for three years, and he has been a permanent resident for the 
                last two years; he likes it here, and he can be of some help as 
                a volunteer to the Association. He concluded by saying that he 
                is a fair person. 
              Mr. Risen called for a secret ballot in which 
                board members present voted for two persons to fill the two vacant 
                positions. Results were presented by Mr. Chambers, and verified 
                by Ms. Thomson: Richard Jaschke obtained the most votes to fill 
                one vacant position, and Mr. St. George prevailed in a runoff 
                with Mr. McPherson to secure the second vacant position.  
              Mr. Risen asked Mr. Chambers (since Mr. Chambers 
                missed last month’s meeting) of his recollection of his 
                original discussion with Angel of Big River Landscaping regarding 
                the irrigation system that was approved to be installed for the 
                oleanders by the gate. Mr. Chambers stated his recollection was 
                that it was to consist of bubblers at the plants, with no timer. 
                Mr. Sweeney reported that what we got was no pipe work, only a 
                valve connected to a hose bib, on a battery operated timer, resulting 
                in water running down the street. Mr. Chambers stated that he 
                would talk to Angel about the situation. Mr. Risen requested that 
                payment not be made to Big River Landscaping for the irrigation 
                system, because we want bubblers, not flooding streets. 
              Mr. Risen reported that the lower profile 
                dumpster, with its doors tied open, and courtesy signs posted 
                on it worked well over the July 4th holiday, even though some 
                mattresses and construction debris ended up in the dumpster. Having 
                the doors opened seemed to reduce the amount of garbage that was 
                pitched over the top, and its closer proximity to the regular 
                dumpsters worked well to improve matters. There was a suggestion 
                about the possibility of hiring youths to pick up trash on a regular 
                basis, since we still have an ongoing problem with trash on the 
                grounds. Ms. Thomson reported that River Cities Waste billed the 
                Association an extra $200 for their having to spend extra time 
                on Memorial Day picking up trash that spilled over the sides of 
                the dumpsters. 
              Mr. Sweeney reported that he has a bid from 
                Stan Vescio on the trenching for the line to house electrical 
                line to the proposed new camera at the dumpster area. The work 
                would include backhoe, compaction and concrete repair at a price 
                of $4,125. Mr. Sweeney stated that a wireless camera would not 
                work because of the extended distance from the guardhouse. Mr. 
                Sweeney stated he would purchase and install the conduit, with 
                the camera to be located at the northeast corner in the back facing 
                out (by the mailboxes). Mr. Sweeney would schedule the project 
                with Mr. Vescio, with Mr. Sweeney laying the conduit within a 
                couple of weeks. He stated the PVC pipe and wiring costs have 
                not yet been calculated, but that is not a big expense, and his 
                labor is no charge. The camera will cost approximately $1,500, 
                so with the trenching and the pipe/wiring costs, the project should 
                total about $6,000. 
              Mr. Chambers asked Mr. Sweeney what the camera 
                would zoom in on. Mr. Stroud stated that no one is now picking 
                up trash like Don Braun, former groundskeeper, used to do. Ms. 
                Thomson reported that the Association recently repaired or replaced 
                all of the gate hinges to the dumpster area at a cost of $650, 
                at Mr. Risen’s request, since two of the hinges have had 
                to be replaced recently. 
              Mr. Svider made a motion that the Association 
                authorize the payment of not to exceed $7,000 for the installation 
                of the new camera at the dumpsters. There was no second to the 
                motion, and the motion failed to carry. 
              Mr. Risen reported on the status of lot 10, 
                stating that he went to the County Health Department to report 
                black mold inside the residence. The Health Department told Mr. 
                Risen that it doesn’t inspect the inside of structures, 
                that it doesn’t test for mold, and that it does not want 
                to get involved. It was reported that Buckskin Fire also does 
                not wish to get involved in this situation.  
              Mr. Svider made a motion to bring the owner 
                of lot 10 into compliance with the CC&R’s concerning 
                the condition of his lot by imposing the legal fine. Mr. Churchill 
                stated that Mr. Willoughby’s roof needs to be repaired so 
                roofing materials will stop blowing onto the street and onto neighbors’ 
                properties; blowing debris constitutes a nuisance, which nuisance 
                is in violation of section 12.6 of the CC&R’s. Mr. Willoughby 
                is also in violation of section 12.11 (Safe Condition) and section 
                10.1 (Maintenance; Owner’s Responsibility). The motion was 
                seconded, and the motion carried. Ms. Thomson is to contact the 
                owner. 
              Mr. Sweeney reported that the roof height 
                of the Fevurly construction project on lot 79 is currently in 
                compliance, but it is very close to 18’, and the roofing 
                material hasn’t been put on yet. He stated that it is likely 
                the finished roof will exceed the height limit, and he continues 
                to monitor construction. 
              Mr. Risen reported that the 5th wheel on lot 
                18 has been removed. The lot 173 vehicles that were being illegally 
                stored on the street at the neighboring vacant lot have also been 
                moved. 
              NEW BUSINESS 
                Mr. Sweeney presented the Board with two towing protests. Both 
                protests state there were no signs, and no notice, to homeowners. 
                Mr. Sweeney reported that both those statements are incorrect. 
                He circulated the two protests submitted by Kathy Leek (lots 73/102) 
                and Charles Hutchins (lot 97) to the board members. The new members 
                of the Traffic Committee not having been determined as yet, Mr. 
                Svider stated that he is still a member of the Committee. Mr. 
                McPherson expressed his displeasure at having been removed from 
                the Committee. Mr. Svider stated that the Association needs procedures 
                for the parking lot. Mr. Risen stated that there are procedures, 
                and violators receive a red-tag, 24-hour warning before being 
                towed. Mr. Chambers stated that his trailer was towed over the 
                Memorial Day holiday. He stated the new signs didn’t say 
                trailers would be towed if they did not have lot ID, but he added 
                that language to the signs right after his trailer was towed. 
              Mr. Risen presented to the Board R&B Security’s 
                proposal for twice-daily patrols, seven days a week at a cost 
                of $30 per day. The proposal includes a uniformed, DPS-certified 
                security guard patrolling the streets via marked security vehicle 
                and on foot, with a two-way radio and cell phone to monitor and 
                report suspicious activity to the police. R&B will provide 
                written reports on a weekly basis, will take photos of violations, 
                issue citations, and arrange for towing of vehicles and trailers 
                from the common lot in violation of the rules. R&B Security 
                does not engage in law enforcement duties (make arrests). Sgt. 
                Darrell Wilson would be the primary security guard. Mr. Risen 
                recommended the board approve the proposal, and felt the Association 
                would benefit from an unbiased, third party agency to enforce 
                rules and regulations. A discussion followed about trash removal 
                and general maintenance. Mr. Sweeney suggested that someone who 
                lives in the Keys be enlisted to do clean up and drive the streets 
                to address landscape, maintenance and upkeep issues, as well as 
                pick up trash on the streets. Mr. Risen read R&B Security’s 
                July 4th report to the Board.  
              Mr. Price made a motion to hire R&B Security 
                pursuant to the terms of its proposal. There was a discussion 
                about continuing the service on a month-to-month basis to see 
                how it works, noting that either party may terminate the service 
                upon 30 days’ notice. Mr. Stroud requested that reports 
                be submitted prior to monthly Board meetings, and Mr. Risen stated 
                that R&B would submit reports on a weekly basis. The motion 
                was seconded, and the motion carried. 
              Mr. Risen asked Ms. Thomson to report to the 
                Board a new due diligence law imposed by the State of Arizona 
                relating to real estate agents and prospective buyers of properties 
                in homeowner association’s. The law requires all prospective 
                buyers be provided with specific disclosure information and documents, 
                whether or not the prospective buyer actually purchases the property. 
                Ms. Thomson states that some of the prospective-buyer information 
                is different from the new-owner information packet she sends to 
                new owners.  
              Mr. Price made a motion that the Association 
                charge a $100 transfer fee to escrow for each new member to cover 
                the cost of submitting necessary documentation to new owners. 
                The motion was seconded, and the motion carried.  
              Mr. Sweeney made a motion that the Association 
                charge a $100 due-diligence fee to real estate agencies requesting 
                disclosure on behalf of prospective buyers. The motion was seconded, 
                and the motion carried.  
              Mr. Stroud inquired about the status of Squeak 
                providing qualification of his membership status enabling him 
                to serve on the Board. Mr. Price replied that Squeak told him 
                he would have the documents. Mr. Risen suggested that those documents 
                be submitted to Mr. Churchill. 
              There was a report of brush growing into the 
                canal, with blowing debris, at lot 180. Mr. Chambers stated he 
                would contact the owner and work with them to resolve the issue. 
                (The bank is now extremely steep following Kenko’s reconstruction 
                of the slope, and the owners have been unable to do their own 
                weed control.) 
              GENERAL MANAGER’S REPORT 
                Mr. Risen read Mr. Currie’s monthly report, and he stated 
                that the possibility of Mr. Currie leaving following his experience 
                with the Memorial Day holiday has been resolved for the moment. 
                Mr. Currie told Mr. Risen recently that he was going to stop issuing 
                warnings for violations, because people don’t cooperate 
                even with a warning. He did tell Mr. Risen, however, that he has 
                been getting some cooperation on the stickering of trailers in 
                the parking lot. 
              PROTESTS 
                The protest submitted by Kathy Leek having been read by the Board 
                was brought up for discussion again. Mr. Sweeney read the protest 
                which states that no warnings were given, nor were there signs 
                posted on 6/10/05 (the date of the tows). Mr. Sweeney stated that 
                the signs were posted in May and that Mr. Currie did warn the 
                vehicle/trailer owners, and the following day they were towed. 
                Mr. Sweeney stated that the Association did everything it was 
                supposed to do, and he therefore recommended that it uphold the 
                towing of the one vehicle and three trailers owned by renters 
                of Ms. Leek. A motion was made to uphold the towing of one vehicle 
                and three trailers owned by renters of Ms. Leek. The motion was 
                seconded, and the motion carried. 
              Mr. McPherson asked if there is a mechanism 
                in place for ID stickers. Mr. Risen stated that the Association 
                accepts any form of ID attached to the trailer tongue. He stated 
                that Robert Gory Realty has its own guest stickers that they distribute 
                to renters of the properties they manage. He further stated that 
                the Association does not engage in the towing of vehicles/trailers 
                in the lot that are blocking other vehicles. 
              The protest submitted by Charles Hutchins 
                was reviewed. The protest states that no warnings were given, 
                nor were there signs posted on 6/9/05 (the date of the tow). For 
                the same reasons as stated in response to the Leek protest, Mr. 
                Sweeney recommended that the Association uphold the towing of 
                this vehicle/trailer. A motion was made to uphold the towing of 
                the vehicle/trailer owned by renters of Mr. Hutchins. The motion 
                was seconded, and the motion carried. 
              Plans for a room addition on lot 238 were 
                presented. This is a dry lot, and the structure meets the 15’ 
                height requirement and the 5’ rear and side setbacks. Mr. 
                Churchill reviewed the plans and deemed them acceptable. Mr. Price 
                made a motion to approve the room addition plans for lot 238 as 
                presented. The motion was seconded, and the motion carried. 
              Mr. Svider had a question about last month’s 
                motion on the plan submission for lot 198, specifically concerning 
                the setbacks. Mr. Sweeney reminded Mr. Svider that those plans 
                were reviewed and rejected, and a motion was made with specific 
                guidelines for the owner to address in order to obtain plan approval. 
                He further stated that we did provide the owner with those guidelines. 
              Mr. Price reported that the title company 
                is working on the Berge matter. Mr. Churchill stated that he spoke 
                to Mr. Berge’s attorney about preserving the integrity of 
                our security once their property is developed and both developments 
                are within the same gate. The attorney said that they had not 
                thought about that issue. Mr. Churchill also stated he talked 
                to Mr. Gory about the possibility of utilizing the existing entrance 
                that has been used all this time. Mr. Gory replied that there 
                is a visibility property with the existing entrance, according 
                to their engineer. 
              ADJOURNMENT 
                The meeting adjourned at 7:50 p.m. 
              Submitted by Recording Secretary, Sue 
                Thomson 
                 
                APPROVED BY BOARD OF DIRECTORS AUGUST 1, 2005 
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