Board of Directors
JULY 2, 2007
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, Bob Stroud, Gary Svider, William
(Squeak) Kossnar & Larry St. George
Vice President: Chuck Baker
Board Members: Joe Price, Richard Jaschke & Joe Maxwell
Guests: Kathy & Ty Northcutt (lots 73/102), Carla Faulkner,
Security Real Estate Property Manager, Laura Lancaster (lot 166),
Malin Manos (lot 53), Joann Saunders-Van Anrooy (lot 30), Kaye
Bozeman (lot 61), TK and Jamie Sternberg (lot 139), Gerry Vesely
(lot 144), Ken Beard (lot 108), Joan Smith (lots 103/104), Blane
Coon (lot 54), Barbara Risen (lot 184), and one unknown guest
(arrived after introductions made).
General Manager: Cheryl Shockley
Business Manager/Recording Secretary: Sue Thomson
Legal Counsel: John C. Churchill (6:15 p.m.)
CALL TO PUBLIC
Mr. Beard expressed his concern over the people who rent their
houses being treated differently; the proposed fines should be
applied to all owners and their guests. He commented on the Baker
wedding crasher comments and wondered how many people were at
his house for the wedding in the first place. He said he can’t
believe that renters are causing all this damage. He said he hasn’t
had any problems with the three or four times he has rented his
property this year. The fines should apply to everyone. Mr. Beard
moved to hold every third monthly Board Meeting in Southern California.
Mr. Risen said that change would require homeowner approval. Mr.
Beard said there needs to be more communication and less fines.
He just started renting his property last year.
Ms. Lancaster produced a copy of a packet
she prepared and sent to the Association via UPS, which was to
be reviewed by the Board prior to tonight’s meeting. Ms.
Thomson said she did not receive the delivery, because UPS can’t
deliver to the Navajo Lane address, as there’s no building
affiliated with that address. Ms. Lancaster displayed orange sheets
that she proposes be posted on the outside of rental properties
showing contact information, as well as a laminated copy to go
inside the rental property. Ms. Lancaster said she did not receive
the returned package from UPS, but she will re-send it via the
postal service so the Board can review it prior to the August
meeting. She said she attempted to cover all the bases in dealing
with rental issues.
The unidentified guest asked how one goes
about putting a topic on a meeting agenda. If there’s no
agenda item, there can be no vote. Mr. Risen stated that we are
just in the discussion stage before going to the Board for a decision
on how to present the issues to all owners for a vote.
In addition to the Prepaid Bills and Bills for Approval, Ms. Thomson
presented an invoice from Advanced Gate Systems for $560.30 for
a new motor for the exit gate, and an invoice from Cheryl Shockley
for $140.18 for a replacement computer monitor. Mr. Sweeney moved
to approve the June Prepaid Bills and all proposed Bills for Approval.
Mr. Kossnar seconded the motion, and the motion carried.
Mr. Chambers moved to approve the June 30
Balance Sheet. Mr. Sweeney seconded the motion, and the motion
Mr. Stroud moved to approve the June 2007
Profit & Loss Statement. Mr. Sweeney seconded the motion,
and the motion carried.
Mr. Kossnar requested a deletion on the last page of the June
minutes regarding something he didn’t say. Mr. Sweeney moved
to approve the Minutes of the regular meeting of June 4, 2007
as corrected by Mr. Kossnar. Mr. Kossnar seconded the motion,
and the motion carried.
Ms. Thomson announced that Mr. Baker was unable to attend tonight’s
meeting because he thought the meeting had been pushed back a
week due to the holiday. She stated that Mr. Baker received three
substantive responses to his rental proposal. The responses were
distributed to the Board prior to tonight’s meeting in anticipation
that the Board would discuss them. Some guests complained about
driving a long way to attend tonight’s meeting, thinking
a set of rental rules would be passed. Ms. Thomson explained that
was not going to be the case, as the owners are the only ones
who can vote to establish rules and fines, but the Board has to
first discuss and decide what is to be presented to the owners
for a vote.
Mr. Vesely, who is not an owner who rents
but an interested party, requested that his name be put on the
distribution list and that he be sent emails already distributed.
Ms. Thomson asked him to provide her with his email address. Mr.
Beard likewise stated that anyone who is interested in discussions
about these proposals should be put on the list.
Mr. Churchill, having just arrived, stated
that those guests who came here tonight thinking the Board would
make a decision setting rules, said that the Board can’t
do that. The process is that the Board gets together to talk after
feedback is sent out. The Board has to come to a consensus before
issues can be brought before the owners. He said the Board likes
to receive input, and that is what we’re hoping to get tonight.
Ms. Northcutt inquired whether it would be
possible to have an occasional meeting on a weekend. Mr. Churchill
replied by saying there’s an inherent problem with people
who live here full time about wanting to get out of Dodge on the
weekends. He said we may be able to have telephonic meetings,
as we do want homeowner input, and the Board represents all the
homeowners. Ms. Sternberg asked if someone in the Association
can look into telephonic meetings. Mr. Chambers stated there’s
Internet in the building. Mr. Churchill stated that a possible
solution would be through AT&T, along with a good speaker
phone. Ms. Thomson stated she would look into it. Mr. Beard asked
again if every third meeting could be held in California.
Ms. Thomson presented a protest of two citations
issued to lot 131. Mr. Risen referred the matter to the Protest
Committee consisting of Mr. Svider, Rob Troxler and Mr. Kossnar.
Ms. Thomson reported on her research regarding
the Vista del Monumento Acres’ owners purporting their ownership
of Moovalya Drive. Ms. Thomson stated the VDMA owners’ legal
descriptions on their Warranty Deeds grant them a "portion
of that area of Moovalya Drive….” However, the Keys
owns all the streets inside the gate, including Moovalya Drive,
via a Special Warranty Deed recorded on 6/5/70, docket 610, page
426. This was the basis for the Association being able to obtain
a recent title policy on the streets. Ms. Thomson will provide
Mr. Churchill with a copy of the pertinent documents.
Ms. Thomson presented Brooke Water’s
formal response to our Small Claims complaint concerning their
refusal to reimburse the Association for street repairs due to
the Hopi Drive sinkhole, which occurred because of a break in
one of their water lines. The matter is set for trial on July
18. Ms. Shockley stated an officer will need to attend court.
She has all the photos of the incident. She said that Brooke never
told us not to fix the street after they repaired the water line.
She also stated that Brooke Water has not properly patched their
repair job at lot 214, and their fence is still down by the ramp.
Mr. Chambers stated he could attend the hearing if he’s
not out of town. Ms. Thomson said she would advise Mr. Baker about
it when he returns.
Ms. Thomson reported two feedback complaints
from Mr. Lyons, one of the owners of lot 67, regarding the construction
project across the street at lot 75. Mr. Lyons reported that he
was blamed for a flooding incident at the lot 75 construction
project recently, which he denied being a part of. He inquired
of the Association whether it should be mandatory for all construction
sites in the Keys to be fenced in. More recently, Mr. Lyons complained
about construction work starting at 4 a.m. The incident involved
cement trucks showing up at that hour to pour the foundation.
Mr. Stroud said there is a County ordinance against starting work
before 8 a.m. Ms. Thomson said she could find nothing in the Association’s
CC&R’s about it, other than the general nuisances’
clause at section 12.6. Mr. Chambers said that the Sheriff’s
Office was called to his house when he poured concrete before
8 a.m. Mr. Risen stated this is a County ordinance issue.
GENERAL MANAGER’S REPORT
Ms. Shockley reported that Michael T. fixed the block pillar,
and Mike the welder fixed four hinges at the trash enclosures.
She did the repainting. Mike Dyer placed a boulder where the gate
is pushed back to block access. Mr. Ayers, lot 215, moved his
truck off the street. Ms. Shockley said that Brooke Water will
fix their patch job in front of lot 214 at their convenience,
when they have more jobs in the area.
Ms. Shockley stated she gave Mr. Stroud an
estimate of the drainage job at lot 202, further stating the owner
next door needs to approve any digging necessary to locate the
pipe. She reported a dispute between the owners of lot 213 and
lot 212 regarding a messy palm tree at lot 212 that needs cleaning
up. Ms. Faulkner, who handles property management of lot 212,
will talk to the owner.
Mr. Chambers asked if the gardener could sweep
the rocks off the boat ramp every couple of weeks. It was noted
that Brooke Water is responsible for the mess due to their backwashing
which floods the ramp and deposits rocks on it. Ms. Bozeman asked
if the Army Corp. knows about this, and Mr. Risen stated that
it’s not our property.
Ms. Shockley reported a problem last week
with one of the local rental agents not properly instructing renters
where to place ID tags on boat trailers parked in the parking
lot. She stated she towed an unmarked trailer from the lot, and
the owner later told her the tag was not on the tongue but at
the rear of the trailer on the undercarriage, which was not plainly
visible on her walk-around inspection of the trailer. The tow
truck operator could not find a tag either. Ms. Shockley informed
the rental agent where tags are to be affixed, which is on the
trailer tongue. In the case of a vehicle, the sticker must be
on the windshield. Visitor passes must be placed on the vehicle’s
dash, and stickers and passes should not be covered up by sun
shades. She stated there have hardly been any towaways this year
as compared to last year. Ms. Faulkner said when she gives paperwork
to her renters, she hands them the visitor passes and ID tags
along with Robbie’s (A Toe Truck) business card and says
‘take your pick’.
Ms. Shockley reported that there are still
a few who are not complying with rental procedures. RGR is not
giving us their Tenant Information Sheets, even though they said
they would start doing so. The current citation protests by lot
131 involve an RGR rental, and RGR says they did not rent that
property on the two dates the citations were issued. Not having
any Tenant Information Sheets inhibits the protest procedure.
Ms. Shockley said there were people in the house on those dates.
Ms. Shockley expressed her appreciation to all of those who are
complying with rental procedures and rules.
Mr. Sweeney stated that the pole repair project has been delayed,
as Stan Vescio has been busy. He said he would get with him next
Mr. Churchill said that Mr. Baker was hoping to be here tonight,
and that Mr. Baker expressed his surprise at the amount of resistance
he received to his recent proposal to the short-term rental landlords.
Mr. Churchill said that Mr. Baker was attempting to be a peace
maker. Mr. Sweeney reported that there was no intent in the proposal
to preclude renters from parking in the common lots. Ms. Thomson
confirmed that fact.
Mr. Churchill went on to say that Mr. Baker
intended no hostility about renting. Mr. Churchill pointed out
that a house can only be occupied by a ‘single family’,
and that’s carved in granite. Landlords have every right
to rent within the confines of the CC&R’s. When a house
is occupied by other than a single family, it’s a violation.
If all residences were rented to single family occupants only,
the intent of the CC&R’s would be complied with. As
long as landlords and owners comply, there are no issues. Mr.
Churchill said that there are homeowners themselves who behave
badly, so they are not perfect either. That is what Mr. Baker
was trying to say by limiting the maximum number at 8-10, which
is within the confines of a single family. If a house is being
occupied by 15-18, Judge Burke would not deem that a single family
Mr. Kossnar replied to Mr. Beard’s earlier
inquiry about how many guests were at Mr. Baker’s wedding
by stating that those guests didn’t spend the night. Mr.
Churchill stated that he has had as many as 50 daytime guests,
but they go home after the party. He said some houses in the Keys
have been turned into mini-motels.
Ms. Lancaster asked that everyone comply with
In response to the single-family clause, the
unidentified guest said some houses are owned by a partnership,
and that’s a violation of the CC&R’s.
Mr. Risen stated that he wants Mr. Baker to
be present for this discussion.
Ms. Lancaster referred to her proposed rental
packet she prepared which contains a checklist of updated email
addresses and telephone numbers. She said she is willing to submit
the packets to homeowners at her expense. She also said that a
list of non-licensed vehicles should be provided to the General
Manager, as she thinks it is fair that the Association knows who’s
visiting. The packet also includes the necessary items for rental
contracts. She has posted signs on both the street side and the
canal side of her house with contact information.
Ms. Shockley said she believes that rental
landlords are trying to comply and she appreciates what people
are doing to make it easier. Mr. Stroud addressed the guests and
stated that we are trying to find solutions, and if you agree
to the packet, then we’re all for it. Ms. Shockley said
that some of the problems come from family members of owners,
who say they aren’t aware of the rules, but then they don’t
respect the rules anyway even after being warned.
Ms. Lancaster stated that bad rental agents
should not be allowed to handle rentals.
Mr. Churchill said that he has represented
the Board for about 25 years, and he does not recall the Board
ever asking him about occupants of homes and people parking on
other people’s properties. He said it is difficult for the
Board to pursue action against tenants, because they come and
go within a few days, and we don’t know them. The owners,
we do know. He said rental agencies could be breaking the rules,
but it would be costly to make them comply with the rules. It’s
easier if the homeowners have their agents comply.
Mr. Beard says he still pays for the same
facilities and utilities that everyone else does.
Mr. Risen said that the best asset is an owner’s
next door neighbors. He reported an incident last night at lot
212, where someone urinated from and jumped off the roof. Ms.
Faulkner was asked if she knew about it, and she said she did
not. Mr. Coon said he witnessed dancing on a kitchen table at
a rental property. Ms. Faulkner said that if she knows, she can
go over and talk to people, and she would have handled the situation
at lot 212 had she known about it. Mr. Kossnar said there are
tons of people here on the weekends.
Ms. Lancaster asked if it would be possible
to have a monthly guest gate code, one that could be changed each
month, and Mr. Sweeney said it’s possible. Mr. Sweeney reported
that two males walked into the Keys through the front entrance
walkway after midnight recently, and they left with stolen property.
They were later arrested, and the stolen property was found at
house of one of the guys. Both were locals, and the incident was
picked up on one of the Association’s surveillance cameras.
The meeting adjourned at 7:15 p.m.
Submitted by Recording Secretary, Sue Thomson
APPROVED BY BOARD OF DIRECTORS SEPTEMBER