Board of Directors
Regular Meeting
NOVEMBER 5, 2007

Vice-President Jack Sweeney called the regular meeting of the Lake Moovalya Keys Board of Directors to order at 6:00 p.m.

Vice President: Jack Sweeney
Board Members: Joe Price, William (Squeak) Kossnar, Bob Stroud, Joe Maxwell, Richard Jaschke & Larry St. George

President: Chuck Baker
Secretary/Treasurer: Chris Chambers
Board Members: Gary Svider

Guests: Blane Coon (lot 54), Gary Anslyn (lot 113), Laura Lancaster (lot 166), Pete Becker (lot 115) Sheryle Jaschke (lot 171), Carla Faulkner (property manager relocating to Robert Gory Realty)
General Manager: Cheryl Shockley
Business Manager/Recording Secretary: Sue Thomson
Legal Counsel: John C. Churchill


Mr. Price moved to approve the Minutes of the Regular Meeting of October 1, 2007. Mr. Stroud seconded the motion, and the motion carried unanimously.

Mr. Price moved to approve the October 1, 2007 Minutes of the Executive Session. Mr. Maxwell seconded the motion, and the motion carried unanimously.

Mr. Price moved to approve the October 2007 Balance Sheet. Mr. Stroud seconded the motion, and the motion carried unanimously.

Mr. Stroud moved to approve the October 2007 Profit & Loss Statement. Mr. Price seconded the motion, and the motion carried unanimously. Mr. Sweeney asked for a detail of the items in the Miscellaneous R&M account (replacement buoy lights and guardhouse computer replacement parts). Ms. Thomson will move the computer replacement cost to the Gate & Guardhouse R&M account).

Ms. Thomson reported that the judge has not yet sent us her ruling on the Brooke Water Small Claims case, even though Ms. Shockley was told by the court that a favorable judgment for us was forthcoming. Ms. Shockley will follow up with the court again.

Mr. Pratt has not yet submitted a replacement check for his construction deposit on his lot 120 remodel plan. Ms. Faulkner said she would contact him about it.

Ms. Thomson reported that Mr. Baker said he was going to call Ms. Lancaster prior to his leaving town, and she did not know if that occurred.

Ms. Thomson presented to the Board a three-year Citation Analysis spreadsheet. Ms. Shockley presented a Complaint Log spreadsheet describing all complaints she received from homeowners/guests since she started serving as General Manager.

The owner of lot 251 reinstalled the cable barrier on her property to keep out unauthorized vehicles. She told Ms. Thomson that she is not in a financial position at this time to install a permanent barrier, which the Association wants her to put up, because she has already spent a lot of money on recent property improvements.

After speaking with Mr. Baker last week about setting a date for the 2008 annual meeting, Ms. Thomson asked the Board to choose a date in March that is not on Easter weekend. Easter is on March 23, and Ms. Thomson suggested the annual meeting be held either a week before or a week after Easter. The Board members set the annual meeting date for Saturday, March 29, 2008.

Past-due letters regarding delinquent association dues were sent out to five lots, and three subsequently paid.

One citation for reckless driving/speeding was issued to lot 67.

Ms. Thomson presented another bill for approval from R&B Lawn Maintenance for $76.60 for lawn seeding and palm tree trimming on Papago. Mr. Sweeney presented a bill for $134.51 which he fronted for a new sprinkler controller. Mr. Kossnar moved to approve the October Bookkeeper’s Report, prepaid bills and bills for approval. Mr. St. George seconded the motion, and the motion carried unanimously.

Ms. Shockley reported that work is complete on the poles and chains project at the vacant lots on Hopi and Moovalya Drives. Caution tape is still up, and she will remove it soon. She has the keys for the locks.

Ms. Shockley reported a problem with the owners of lot 67 putting a portajohn in the back of a friend’s truck. She issued them a warning to remove and clean up the street where the burnouts are, for which they were previously cited for reckless driving.

Ms. Shockley reported that she will be on vacation for one week starting next Sunday, and Mr. Kossnar will fill in for her. Mr. Kossnar moved to approve the October General Manager’s Report. Mr. Price seconded the motion, and the motion carried unanimously.

Mr. Churchill, having completed his review of a remodel plan submitted to him a few minutes ago on lot 151 by Mr. Sweeney, says the plan lacks necessary information. Mr. Sweeney stated that the plan, which he just received last night, does not outline enough detail. Mr. Sweeney deferred the matter to New Business.

Mr. Churchill recommended a simple deletion of the CC&R’s section 10.2 phrase that mandates reporting to our insurance company all damages that would be considered an Association liability. Subsequent to Board approval, legal notice could then be submitted to members to put the matter before a vote at the 2008 annual meeting.

Ms. Shockley reported that she is having difficulty getting bids on the trash enclosure backboard replacement project. She left a message with Larry Tunnell, but he has not called back. She got a quote from Shelby Couch in an amount not to exceed $5,000. Ms. Lancaster said she would get Ms. Shockley the phone number of a man named Bob in Havasu who did work on her house. Mr. Kossnar suggested Rick Powell.

Regarding the proposed rental rules matter, Ms. Lancaster said that Mr. Baker did not call her before he left town. Mr. Sweeney said he wants to keep the proposed rental rules simple, and that Ms. Lancaster’s package is complex. Ms. Lancaster replied that her package was just a starting point. Mr. Sweeney stated he believes we should respect our neighbors’ right to co-exist, and that we should deal with these issues in the same manner in which we would like to be treated. Mr. Sweeney said he is not interested in measuring everyone’s dock—if the boats don’t fit, then they don’t fit—they don’t belong there. The more complex the rules, the harder they are to enforce. Mr. Sweeney said that Mr. Baker’s proposal was simple, direct and to the point—you can’t block neighbors’ driveways and carports. He said he would like to see a simple proposal pass, as would most of the board. Impose onto others as you would like them to impose upon you. He would like to see simple rules to limit the amount of people, not overextend boat parking on dock space, or overextend vehicle parking on driveway or carport space. Mr. Baker’s proposal stated that, and his proposal is a place where we should start and focus our energy. Ms. Lancaster said she would like to take the month to revisit the matter with everyone.

Ms. Shockley said she liked the new visitor passes Ms. Lancaster made. Mr. Sweeney said that the gate code system is out of control. He suggests we try a single gate code for everyone, and that it be changed every quarter, when a new number would be assigned. We could reprogram the new gate code and notify owners on the quarterly dues’ statements. The unilateral code would not affect the phone system. The other alternative Mr. Sweeney suggested is eliminating gate codes entirely and go with a card system. Ms. Lancaster said she didn’t think that would work well with renters. She said she would revisit these matters with her group and discuss them next month.

Ms. Thomson read aloud an email received from Bob Colby, out-of-state owner of lot 142, regarding his views on the current rental issues. Mr. Colby believes the Board should not attempt to prevent owners from renting and that neighbors in the Keys have always watched out for each other and have been considerate of others. He referenced the current lawsuit and stated that the Keys should be maintained as a really great place to enjoy. Mr. Churchill said that the lawsuit doesn’t have anything to do with the ability to rent or not rent; it only has to do with the mandated security deposits. The no-rent initiative presented to the homeowners by the board was not a move by the board to stop rentals. It was initiated for the purpose of finding out from all the owners how they felt about allowing short-term rentals. Mr. Churchill said there may be a misconception in Mr. Colby’s letter.

Mr. Becker reported a recent incident where his driveway was blocked by someone. He knocked on his neighbor’s door, and there were 8 or 9 guys inside who owned the white truck blocking his driveway. They were renting the place from one of the local property managers, but he didn’t know which one, so he couldn’t make a call. He called the owner, Jim Leek, and by the time he found out who the property manager was, the problem was resolved. Mr. Becker reported on another association, a Las Vegas golf community, where similar problems exist. They have a vehicle sticker that shows license number, length of stay, number of people, and name and telephone number of the rental agency. Ms. Shockley replied that she has a list of all rentals, so she knows which rental agency, or private owner, is involved in each rental, and she can respond when informed of a problem. She also stated that some of the rental agencies ignore passing out our Visitor Passes to their customers. Mr. Kossnar informed Mr. Becker that he could call a tow truck to remove a vehicle blocking his driveway. Mr. Becker said he just would like to see our pass contain more information. Mr. Kossnar said we just need more manpower to enforce the system. Whose responsibility is it to enforce regulations when unknown vehicles are involved? Ms. Lancaster had a lot of great ideas, but the problem is enforcing them.

Mr. Coon said that people who rent their properties should be responsible and control their own people. He doesn’t want to listen to their music every weekend. He’s a full-time resident, and renters should be respectful.

Ms. Shockley reported that she had to call Ms. Lancaster about a complaint at her rental property, and she took care of it. Ms. Shockley reported renters at the Pollett house (lot 43) were shooting off fireworks at another house.

Mr. Anslyn said that this is where we were a few months ago. Ms. Lancaster is here to rectify the problems, and we shouldn’t be in conflict with each other. He’s had an owner parked in his driveway before, and we need to be a homogenous community. Mr. Sweeney agreed that’s absolutely true. Mr. Coon said we aren’t cops, and we can’t control.

Mr. Kossnar reported a recent incident at the launch ramp, but at least he knew where to go to resolve the problem. Mr. Anslyn said he lives here only four or five months a year, so he doesn’t know who to go to. Mr. Sweeney explained our system for issuing Visitor Passes and collecting Tenant Information Sheets, and that all Tenant Information Sheets go to Ms. Shockley. Renters are asked to keep a Visitor Pass on the dashboard during their stay. Ms. Lancaster suggested putting the renter’s name on the pass. Mr. Sweeney said he would like to see renters’ names and contact phone numbers on the Visitor Pass. Mr. Churchill suggested a mirror hanger-type pass, and Ms. Lancaster said they are very expensive. Ms. Thomson said we don’t have 24/7 guard service at the gate, so it’s difficult to enforce regulations. Mr. Sweeney said we can’t make folks display a Visitor Pass. Mr. Becker said we have CC&R’s, and people should be made to abide by the single-family regulation, or we should change the CC&R’s. Mr. Sweeney explained that the Board is trying to work out a system that works for everyone; he realizes that a lot of properties are second homes, and owners need to rent them in order to pay for them. If everyone followed the rules, then we wouldn’t need to police. Mr. Becker said that folks need incentive to follow the rules. Mr. Churchill said that rental landlords don’t like the single-family occupancy regulation, and it’s difficult to track down violations. Mr. Sweeney said there will always be conflict and dissention, and not enough rules can be made. Mr. Becker said we need to enforce the current CC&R’s. Mr. St. George said renters aren’t following the rules. Mr. Stroud suggested a letter could go out to those who do not display a Visitor Pass. Mr. Sweeney said that more dialog needs to happen, but we are working in the right direction, and things are improving. The renters want parameters, and everyone is talking more than ever before. We need to bring it to some kind of conclusion; something where we can expand on the single-family rule, where people can still bring in more people. There was further discussion about whether or not there’s a difference between an owner having 20 guests for a family or friends’ function, with the owner present, and a rental unit having too many people occupying it as a vacation rental. Mr. Sweeney concluded by stating that the Board would like to see it kept simple.

Ms. Thomson reported that the postal carrier asked her to check into the possibility of getting new large parcel boxes installed, since three out of the four locks on the existing parcel boxes are broken. Because the lock boxes are riveted and the unit itself is very old, it didn’t appear feasible to replace the locks. Four units are not enough anyway, according to the carrier, who now has to make personal deliveries at doorsteps for large parcels. She would like to see us install eight large parcel boxes of various sizes. Ms. Shockley will look into the cost of a six to eight large parcel unit.

Mr. Sweeney presented a remodel plan from lot 69 to convert a carport into an enclosed garage. He stated that two neighbors have complained about the garage being in the street. Mr. Sweeney said he went to the site, and he couldn’t ascertain what or where the original line was. Mr. Sweeney made a motion that the Board disapprove the remodel plan for lot 69’s carport to be converted to an enclosed garage until such time as the owner can resubmit a plan that includes a survey performed by a civil engineer who can determine the front lot line and setback compliance in effect at the time the house was built. Mr. Kossnar seconded the motion, and the motion carried unanimously. Mr. Sweeney will draft a letter to the owner.

Mr. Sweeney revisited the lot 151 remodel plan by stating the plan shows the building height at 17’6”, but it does not show a side elevation or a plot plan (how it lays on the lot). No setbacks are shown. Mr. Sweeney made a motion that the Board disapprove the remodel plan for lot 151 due to lack of detail outlined on the drawing. Mr. Kossnar seconded the motion, and the motion carried unanimously. Mr. Sweeney will draft a letter to the owner. He also mentioned that this plan arrived late due to it originally being sent with insufficient postage, causing it to be re-mailed after being returned to sender.

Mr. Sweeney asked Mr. Kossnar what the status was on a proposed landscape plan. Mr. Kossnar replied that no one on the committee has contacted him. There was discussion about the benefits of a block wall to replace the tall oleanders on the Riverside Drive boundary. Mr. Kossnar said a block wall there would cost about $20,000 and would just collect trash. Mr. Sweeney said his personal opinion is that it would be better than the existing oleanders.

The meeting adjourned at 7:05 p.m.

Submitted by Recording Secretary, Sue Thomson