Board of Directors
Regular Meeting
FEBRUARY 4, 2008

President Chuck Baker called the regular meeting of the Lake Moovalya Keys Board of Directors to order at 6:05 p.m.

President:  Chuck Baker
Vice President:  Jack Sweeney
Secretary/Treasurer:  Chris Chambers
Board Members:  William (Squeak) Kossnar, Gary Svider, Bob Stroud

Board Members:  Joe Maxwell, Joe Price & Larry St. George

Guests:  Laura Lancaster (lot 166); Rob Troxler (lot 160); Carl & Kaye Bozeman (lot 61); Lori Lyons, Joe & Amber Masek (lot 67); Ross Nagel (lot 52 representative); Stan Vescio (lot  82 tenant); Dennis Standrod, Wade & Ed Ruhman (lot 64); Carla Faulkner (Robert Gory Realty Property Manager)

General Manager:  Cheryl Shockley
Business Manager/Recording Secretary:  Sue Thomson
Legal Counsel:  John C. Churchill


Mr. Kossnar moved to approve the Minutes of the Regular Meeting of January 14, 2008.  The motion was seconded and carried unanimously.

Mr. Kossnar moved to approve the Minutes of the Executive Session of January 14, 2008.  The motion was seconded and carried unanimously.

Mr. Chambers moved to approve the January 2008 Balance Sheet and Profit & Loss.  The motion was seconded and carried unanimously.

Ms. Thomson reported that the annual financials and proposed budget were given to Mr. Baker for his review, for inclusion in the annual meeting mail out.  She also reported the transfer of $14,000 from the General Account into the Reserve Account.  The annual budgeted transfer to the Capital Improvements Account was also made.

The owners of lot 10 were contacted to request a cleanup/remodeling timeline.  The owners of lot 120 were sent a letter requesting a survey report of their property boundary. 

Ms. Thomson stated she is working on updating some of the documents on the website and as part of new owner packets.  Ms. Thomson asked about the status of the large parcel boxes.

Final notices went out to lots 146 and 169 for delinquent dues.  Other lots receiving a first letter for delinquent dues include 21, 45, 120, 162, 163 & 164.  Two white line citations were issued to lot 113. 

Mr. Sweeney moved to approve the January Prepaid Bills and Bills for Approval.  The motion was seconded and carried.

Ms. Shockley reported undermining at lot 251 by the exit gate due to runoff that went under the owner’s driveway, creating a large hole which could cause cracking or a collapse of the driveway.  Mr. Chambers suggested pumping it full of slurry as a possible solution, and that if we don’t take care of it, the road could sustain damage.

Brooke Water still hasn’t arranged for an asphalt vendor to do the repairs at lot 32.  Also needing asphalt repair is the street at lots 149 and 170.  Brooke Water told Ms. Shockley that those two are the owner’s responsibility.  She said that lot 170’s problem is at the meter box.  Ms. Shockley was asked to send letters to those owners.

Ms. Shockley reported on the recent street bonfire on Apache, and that neighbors were calling her in the middle of the night.  Ms. Shockley read section 12.12 of the CC&R’s which prohibits open fires on lots or common areas.  She took photos of the black burn marks on the street the next day after the ashes were cleaned up.  She did not go down to the site when the complaints were received, but rather she advised the neighbors to call the Sheriff’s Office.  Several people reported seeing flames extending above the roofline.  Caution tape was put up to close off the street while the bonfire was going.  Ed Ruhman reported that the fire was in a smudge pot, enclosed container, with no flame outside it, but he said they won’t do it anymore.  Mr. Baker said it is dangerous to have an open fire in the Keys with the houses so close together.

Ms. Shockley said she got a call about a black Jeep Cherokee doing a burnout on Saturday afternoon after the races.  Ms. Shockley left it up to the Board to decide if a citation should be issued, as she did not witness the act, and the person who called it in did not leave a name or phone number.  Because the witness was anonymous, the Board decided not to take any action.

Mr. Vescio commented on the bonfire, stating that he saw flames going up 10’ and hitting trusses, and it wasn’t just a smudge pot.  He complained about potential danger to his handicapped son due to cycles and trucks speeding on Apache, and that whenever the adult perpetrators are approached, they are always intoxicated, so there is no getting across to them.  He stated that Ms. Shockley has been mistreated by them and treated with disrespect, and that they invite whoever they want to come party with them on Apache.  They move stuff his stuff around, break bottles and planters, their dogs run loose up and down the street, and they get in his face when confronted so that he can’t even go down there anymore.  Ed Ruhman reported that Mr. Vescio came and banged on his door to yell at him.  Mr. Ruhman said they are trying to address these issues and have stopped the cycles at night.  Mr. Baker asked that they stop with the burnouts, the fires and the speeding cycles.  Mr. Ruhman agreed no more fires. 

Mr. Standrod reported two break-ins on Apache on race weekend, with several thousand dollars of race equipment stolen from two of his neighbors.

Mr. Sweeney reported that the owner to the north of the Keys continues to press for access to his property via the Keys entrance.  The neighbor says the new wall is on his property, and Mr. Sweeney said that Mr. Lemme, the surveyor, needs to come back to verify the boundary.  The neighbor is to put together a proposal for access via the Keys and outside of Association property.  Mr. Sweeney said the owner plans on constructing 12 units on the property, and he claims his property is landlocked.  Mr. Baker said the owner needs to come up with a plan.  Mr. Sweeney also said the neighbor is claiming an easement dedicated by Yuma County was illegally dedicated to us, and that Lemme’s survey was erroneous, and he still doesn’t have complete access to the road.  Mr. Sweeney said the owner is more than willing to take the matter to court.  Mr. Sweeney said that Mr. Lemme’s survey guaranteed that the grading stakes he posted ensured that the wall we constructed would be entirely on Association property, but now the wall may be slightly on the neighbor’s property.  Ms. Thomson is to provide Mr. Sweeney with a copy of the deed.  Mr. Chambers stated that Eunice owns the first 50’ of property abutting the road, and Mr. Sweeney said that because the owner would not have 375’ clear view of road traffic on his portion of the property that abuts the road, he’s going to be landlocked.  Mr. Baker asked if we could give him back some of the oleander property, and Mr. Sweeney said that would not work.

Mr. Lemme is to confirm his survey with the latest deed in his hand.  If it is discovered an error was made, it may be due to him not having found the latest deed.  Mr. Kossnar said that shouldn’t be the case, as the latest deed was recorded.  Mr. Sweeney said he can’t yet confirm that Lemme did see the latest deed.

Mr. Sweeney moved to hire Lemme Engineering to resurvey the wall area at a cost of not to exceed $500.  Mr. Kossnar seconded the motion, and the motion carried.

Mr. Baker asked Ms. Shockley if she got an answer from the County about street sweeping.  She said she has not had a response yet from Donna, and Mr. Baker said he would follow up with her if she doesn’t respond.

Mr. Chambers reported there is no timetable yet on a permanent barrier at lot 251.  He said he was out of town, and then the owner was out of town.

Mr. Baker said he would meet with Ms. Thomson to go over the financials for the annual meeting mail out.  Mr. Baker inquired of the Board members present if they are going to be up for re-election.  It was noted that Mr. Maxwell has been involved in professional education for a couple of months and thus been absent from meetings.  Mr. Baker reported there are several others who have expressed an interest in being on the Board.  He asked that all interested persons submit two sentences about themselves and why they want to be on the Board.

Mr. Chambers nominated Rob Troxler to fill one of the Board vacancies.  Mr. Sweeney seconded the motion.  Mr. Baker advised that no agenda was prepared for an interim election.  Ms. Thomson consulted with Mr. Baker and reported that her notes state there was no action taken last month on whether or not to agenda an election at tonight’s meeting.  Mr. Sweeney disagreed, and Mr. Baker read the January Minutes’ excerpt that concludes with Mr. Price disagreeing with holding an election at the February meeting and no action being taken, so no agenda was made.  Mr. Baker advised that because no agenda was prepared, this election may not be valid.  The motion carried.  NOTE:  Mr. Baker invalidated this election two days after the meeting, due to the lack of an agenda for such an election.

Mr. Baker outlined ballot proposals.  The first one would set the maximum number of short-term renters allowed to occupy a house at 10, adults and children total, with a fine for violations. 

A second proposal is suggested for prohibiting the double parking of boats in the canals, with fines for violations, after a warning.  The Sheriff’s Office has stated that double parking is a hazard.  Mr. Svider recommended that the Sheriff’s Office deal with this issue, not the Association, pursuant to law, section 5-347.  If a boat impedes passage, then the authorities can have it removed.

Mr. Baker suggested a rule that all short-term rental owners or their agents complete the Association-approved Tenant Information Sheet, and that it be turned in to the General Manager prior to arrival time, with a fine for non-compliance.  Ms. Faulkner stated that sometimes they don’t have all the tenant information until the guests arrive to pick up the keys, even though she sends them the form in advance.  Ms. Lancaster reported there was no problem in getting the new form distributed to the owners who rent.

Mr. Baker asked if there should be a rule for trespassing on other properties, including docks and driveways.  It was noted that there were five or six vehicles belonging to renters at lot 113 recently that were parked in other owners’ driveways.  Mr. Sweeney said if people park beyond the white line, on Association property, we can issue citations for that.  It was the consensus of the Board not to pursue a proposal on this issue.

Mr. Baker asked if there should be a rule and fines for unlicensed drivers operating vehicles on Association property.  The CC&R’s state drivers must be licensed, but owners previously voted to allow this.  There was some concern about the Board being liable for a potential incident involving an unlicensed driver.  Mr. Sweeney stated that we can ticket anyone for speeding or reckless driving, and he said that everyone needs access to the desert, and they shouldn’t have to walk their bikes through the Keys.  Mr. Vescio asked how this can be enforced when Ms. Shockley can’t always enforce it; do we need to bring in licensed and/or armed security guards to enforce it.  Mr. Chambers stated that if someone is being reckless, we can enforce it.  Mr. Sweeney talked about the radar gun deal where we could have determined if someone is driving recklessly from 100 yards away.  [Mr. Sweeney later asked to go on record that he voted against the radar gun purchase].  Mr. Baker asked Mr. Churchill if he thought the Board could be held liable due to an incident by an underage driver.  Mr. Churchill replied that if a child drives a motor vehicle, and there is an incident, probably not.  The driver is in violation, and the Board is probably not liable.  Mr. Sweeney suggested that we agree not to change prior homeowner voice on this matter, and Mr. Churchill advised that the matter can be deemed grandfathered after awhile, but he suggested that the matter be put on the ballot and the annual meeting agenda.  No one made a motion to put the matter on the ballot or the agenda.

Mr. Sweeney made a motion to propose to the members a vote adopting a rule prohibiting double parking boats in the canals, with fines (double parking meaning side-to-side mooring with another boat).  1st violation to be a warning; 2nd violation is a $25 fine to the lot owner; subsequent violations $50 each.  Mr. Kossnar seconded the motion.  Mr. Bozeman asked if we have jurisdiction because of what Mr. Svider said, and Mr. Baker stated that he thinks we do because it’s a hazard, and the Sheriff’s Office will back us up.  Mr. Chambers asked if we are going to go looking for double parked boats, or would a homeowner have to call it in before a citation is issued.  Mr. Sweeney said this rule should be promoted if it’s creating a hazard, and also boats keep getting bigger and bigger which increases the hazard.  Mr. Vescio asked how you can prove that the boat in violation belongs to that property owner.  The reply was that it doesn’t matter who owns the boat, it’s the dock owner who is responsible for complying.  There being no further discussion, the motion carried by a vote of 3-1.

Regarding establishing a rule limiting the number of overnight guests at short-term rental properties, the majority of the renters want the number set at 10.  Mr. Baker wants the maximum to be 8, and he suggested that the proposal be for the owners to vote for either 8 or 10.  Mr. Sweeney made a motion to propose to the members a vote adopting a rule establishing the maximum number of overnight guests, adults and children total, permitted in a short-term rental property to 10 overnight guests, with a fine of $100 per night, per occurrence assessed to the lot owner for violations.  (A short-term rental is one with a tenancy of less than 30 days.)  Mr. Chambers seconded the motion.  Mr. Sweeney said that voting for either 8 or 10 would be confusing.  Mr. Baker said the more people you have, the more problems there are.  Mr. Bozeman asked if kids count as part of the 10, and the answer was yes.  A debate ensued about how to enforce such a rule and the parking ramifications of multiple vehicles.  Mr. Vescio stated he can’t even park in his own driveway at times.  Mr. Sweeney said anyone can park in the common lot if they can’t park on their own property.  Ms. Lyons asked if it is possible to limit the number of cars and boats per rental.  She said they used to camp at Echo campground, and they have a policy of limiting the number of cars and boats per space.  Ms. Lancaster said that Ms. Faulkner limits to two the number of parking passes she gives out for her guests.  Two is the maximum number given out for the Shubin property, while more can be given out for the Spangler property, because he has more available parking space.  So it should depend on the house.  Ms. Lancaster said she doesn’t give her guests the option of parking in the overflow lot.  Mr. Chambers said one of the rentals in his neighborhood recently had four vehicles and four trailers.  Ms. Faulkner and Ms. Lancaster both said they thought the overflow lot was just for trailers, and Mr. Baker replied that it can be used for anything.  There being no further discussion, the motion carried by a vote of 4-1.

Mr. Sweeney made a motion to propose to the members a vote adopting a rule and fines for non-submission to the General Manager, prior to check-in time, of an HOA-approved, and fully completed, Tenant Information Sheet for all short-term rental tenancies.  1st violation is a $25 fine to the lot owner; subsequent violations $50 each.  The motion was seconded and carried.

Regarding the trespass proposal, there was no further action.  The Association can’t deal with it, as this is in the jurisdiction of the Sheriff’s Office.

Mr. Chambers moved to propose to the members for a vote an increase in the building height to 24’ with current setbacks to be grandfathered into any new construction or remodel project.  Mr. Svider seconded the motion.  Mr. Sweeney stated that we should generally follow other architectural guidelines adopted by other associations on the subject of height.  Mr. Churchill advised that this has to be an amendment of the CC&R’s; it is not a rule.  There was a discussion about setbacks and variances.  Mr. Sweeney said that maybe a height increase should be put in place but with a lot of restrictions, not just the construction of a 24’ box.  It should be something architecturally pleasing, similar to MiralesteShores, but not a box structure.  Mr. Churchill advised this is a two-step process with the Board first approving a proposed change to the CC&R’s, then an agenda item for the matter if the Board approves the proposal.  There being no further discussion, a tie vote of 3-3 resulted, with Mr. Stroud abstaining.  Mr. Chambers requested a special meeting be called to work out the architectural details in the hopes of getting the matter on the annual meeting agenda.  Mr. Baker stated he would be out of town until the 20th, and Ms. Thomson stated that she had planned on getting the mail outs done by that time but would do whatever the Board decides.

Mr. Standrod said the break-ins he previously referred to occurred between midnight and 6 a.m., and about $8,000 in race equipment, including tires, was stolen from a neighbor’s rail.  Mr. Sweeney said he spent about four hours reviewing tape from the cameras looking for the goods leaving the Keys between 2 a.m. and 5 a.m.  He did not see anything and said the stolen property didn’t leave the Keys before 5 a.m.  He said it may have been an inside job. 

The meeting adjourned at 7:35 p.m.
Submitted by Recording Secretary, Sue Thomson