Board of Directors
MARCH 6, 2006
CALL TO ORDER
President Bill Risen called the regular meeting of the Lake
Moovalya Keys Board of Directors to order at 6:00 p.m.
President: Bill Risen
Secretary/Treasurer: Chris Chambers
Board Members: Jack Sweeney, Gary Svider, Squeak, Joe Price, Bob
Stroud, Joe Maxwell, Larry St. George, Richard Jaschke
Vice President: Chuck Baker
Guests: Barbara Risen (lot 184)
Bookkeeper/Recording Secretary: Sue Thomson
General Manager: Ken Woodhouse
Legal Counsel: John C. Churchill
Mr. Price made a motion to approve the Minutes of the regular
meeting held on February 6, 2006. The motion was seconded. Mr.
Svider asked for an interpretation of language in the Minutes
concerning his ‘yes’ vote to propose a change to the
CC&R’s, and Ms. Thomson clarified the language as stating
such. There being no further discussion, the motion carried.
Mr. Stroud made a motion to approve the February Balance Sheet.
The motion was seconded, and the motion carried.
Mr. Stroud made a motion to approve the February Profit &
Loss Statement. The motion was seconded, and the motion carried.
Ms. Thomson reported that R&B Security submitted its final
bill, and they have been paid for December and prorated weekends
She has met with Ken Woodhouse and has given him the necessary
documents for his General Manager duties.
Financials have been sent to our CPA for preparation of 2005 income
tax returns. Ms. Thomson has been working on getting the Annual
Meeting documents ready for distribution to homeowners, and the
notices were mailed today. Budget and proposed capital improvements
will be handed out at the meeting, as will the ballot. Annual
meeting minutes for this year’s meeting will be distributed
to homeowners in July, as opposed to waiting until the following
year’s annual meeting notices are sent.
A Claim of Lien has been filed on lot 10, and another $500 fine
for noncompliance with a weed removal request in January has been
assessed on lot 10. The owner of lot 204 has been billed for his
accidental damage to the gate. Homeowners with delinquent dues,
fines and towing assessments were reported.
Ms. Thomson stated that she has located a source for weatherized
vehicle/trailer stickers. These stickers can be produced one lot
at a time, without having to run the entire 250+ lot batch.
A motion was made to authorize the purchase of the weatherized
vehicle stickers to use as a back-up product if a homeowner requests
replacement stickers, and we are temporarily are out of stock
of the standard silver-foil stickers for their lot. The motion
was seconded, and the motion was carried.
A motion was made to approve the prepaid bills and bills for approval.
The motion was seconded. Mr. Price asked what can be done with
homeowners who don’t pay their fines. Mr. Svider asked what
can be done with the rental property owners who do not pay their
rental security deposits. Mr. Churchill replied that a lien can
be filed against the homeowners’ properties in both cases.
Attorney’s fees accrue on the lien; however, the Association
risks absorbing its own attorney’s fees if a judge rules
against the lien. There being no further discussion, the motion
Mr. Price made a motion that liens be filed on homeowners who
are delinquent in remitting the rental security deposits. Mr.
Sweeney seconded the motion, and the motion carried.
Mr. Price made a motion that Mr. Churchill send letters to the
homeowners who have delinquent fines and towing charges, said
letters to include a copy of the lien that is to be filed precedent
to foreclosure proceedings. The motion was seconded, and the motion
GENERAL MANAGER’S REPORT
Ken Woodhouse, the new General Manager, was introduced to the
board members who were not present at the workshop last month.
The Board was previously supplied with the outgoing General Manager’s
final written report.
Mr. Woodhouse reported that the cover to the display board by
the gate was ripped off, and the hinges damaged. He reported that
the parking situation for Mrs. Berns, lot 27, whose house has
been undergoing construction, should be resolved tomorrow, as
the contractor will be finished tomorrow. Mrs. Berns has had to
use the common parking lot for a period in excess of seven days
due to the construction and temporary lack of parking on her property.
Mr. Sweeney stated this is a special circumstance, and Mr. Churchill
concurred that this is a special-needs situation.
Mr. Stroud reminded everyone that the parking lot rules also mandate
a 14-day-per-month maximum parking allowance. One cannot just
move the vehicle or trailer every seven days for an unlimited
amount of time. One can move the vehicle or trailer to another
spot after seven days, provided it’s not parked in the lot
in excess of 14 days within a 30-day period.
Mr. Svider, being previously authorized to attempt to get an insurance
quote from the Farm Bureau, reported that the Farm Bureau does
not want to get involved with covering homeowners’ associations.
Mr. Svider was authorized to get a quote from La Paz Insurance
Mr. Sweeney stated he would provide Ms. Thomson with a breakdown
of the sinkhole repairs the Association has cause to believe are
attributable to the sewer project, so a letter can be written
to Buckskin Sanitary District requesting reimbursement of those
specific sinkhole repairs.
Ms. Thomson stated she received from Mr. Churchill’s office
a draft easement agreement for the owner of lot 112 to sign concerning
the owner’s agreement to maintain the 4” drain line
installed on his property to drain water runoff from the street.
Ms. Thomson asked Mr. Woodhouse to obtain the information needed
to fill in the blanks prior to it being sent to the homeowner.
Mr. Sweeney asked that a weed letter be sent to lot 198.
Mr. Risen reported that the motor home that is frequently parked
on Moovalya Drive has its slide out over the white line, in addition
to power and water lines being connected to it. It was reported
earlier by Mr. Currie that he has not seen anyone sleeping in
the RV, so he has not detected any violation of the rules. Mr.
Churchill was asked what the options are on the matter, and he
replied that we would have to prove a violation before a fine
can be assessed. There was also a report of a pontoon boat parked
over the white line at the end of Hopi Drive.
Mr. Price made a motion that everyone who is “storing”
vehicles, boats and motor homes—storage being defined as
more than 72 hours in the space between the owner’s property
line and the white line, known as ‘common area’—either
be towed or fined. Mr. Churchill stated that there is no specific
fine for “storing” in the common area over and above
the 72 hours. He stated that the owner’s front property
line is in line with the water meter box. Mr. Churchill read the
2004 Parking Memo which was previously distributed to homeowners.
Mr. Risen suggested a 30-day notice be given to all owners who
have property stored in the common area on the streets in excess
of 72 hours, and Mr. Woodhouse is to give Ms. Thomson a detailed
list of locations and license numbers so letters can be sent.
If the owner of the Moovalya Drive motor home has his slide out
extending beyond the white line, he should receive a violation
for that. Mr. Risen concluded by stating that if you tow one,
you need to treat all perpetrators the same.
A letter was sent to the owner of lot 145 on Yaqui Loop that their
trailer tongue needs to be moved back to the property line.
Mr. Sweeney suggested that Mr. Woodhouse ‘red tag’
violators of common area parking regulations.
Mr. Svider asked what is needed to get moving on a resolution
of the flooding problem at Mr. Stroud’s property, lot 202.
Mr. Chambers made a motion to move the lot 202 flooding problem
back to a committee, with the General Manager being a committee
member, to resolve the issue. Mr. Svider seconded the motion.
The motion carried with a 4/3 vote. Mr. Sweeney stated that Mr.
Stroud should be on the committee, and drainage should encompass
his driveway. Gary Svider, Chris Chambers and Ken Woodhouse were
appointed to the committee.
Mr. Chambers renewed his desire to get a motion approved so that
an increase in the maximum building height can be presented to
the members at the upcoming annual meeting. He stated that if
it could not be presented at this annual meeting, it would not
have another opportunity until next year’s annual meeting,
pursuant to the CC&R’s. Mr. Churchill confirmed that
the Board has to approve any proposed change to the CC&R’s,
and Mr. Chambers needs to convince the Board there’s interest,
and then the proposal can go before the members. Mr. Churchill
advised that changing rules is different from changing CC&R’s.
Mr. Sweeney suggested that the Board could draft rule changes
after general membership interest is shown.
Mr. Chambers made a motion that a proposal go before the general
membership at this year’s annual meeting increasing the
current, maximum building height of 18” to 23’, to
allow for two-story structures, with a minimum 10’ front
setback requirement and a minimum 800 square foot garage be constructed
on the property. Mr. Churchill said that the matter must go to
the members at an annual meeting, and that the Board doesn’t
have the power to make this change. Mr. Sweeney stated that all
the rules and regulations that go along with the requested height
increase should be looked at. Mr. Chambers stated that he wanted
the matter to go before the members at this year’s annual
meeting. Mr. Churchill therefore proposed that should Mr. Chambers’
motion be approved by a majority of the Board, an amendment be
proffered to the members at the annual meeting, said proposal
to comply with the requirements of section 15.1 of the CC&R’s
which state in part, “…Amendments may be adopted at
a duly noticed annual meeting of the Members which notice specifically
sets forth the contemplated amendment upon the approval thereof
of two-thirds of all of the Members present at such meeting [including
those who have designated proxies] or without any meeting if all
Members have been duly notified and if two-thirds of all of the
responding Members consent in writing to such amendment….”
Mr. Svider seconded the motion, and the motion carried with a
Mr. Churchill stated that the matter has to be properly noticed
to the general membership, and a review of the CC&R’s
will be made tomorrow so that Ms. Thomson can generate and mail
the necessary documents.
There was no new business.
The meeting adjourned at 7:15 p.m.
Submitted by Recording Secretary, Sue Thomson
APPROVED BY BOARD OF DIRECTORS APRIL 3, 2006