Board of Directors
Regular Meeting
JUNE 2, 2008

President Gary Svider called the regular meeting of the Lake Moovalya Keys Board of Directors to order at 6:02 p.m.

President:  Gary Svider
Vice President:  Jack Sweeney
Secretary/Treasurer:  Chuck Baker
Board Members:  William (Squeak) Kossnar, Brandon Johnson, Laura Lancaster, Joe Maxwell and Larry St. George

Board Members:  Chris Chambers, Al McPherson and Blane Coon

Guests:  Carla Faulkner (Robert Gory Realty Property Manager) and Mr. Beard Lot 108
General Manager:  Cheryl Shockley
Legal Counsel:  John C. Churchill


Mr. Sweeney moved to approve the Minutes of the Regular Meeting of May 5, 2008.  The motion was seconded and carried unanimously.

Mr. Sweeney moved to approve the May 2008 Balance Sheet.  The motion was seconded and carried unanimously.

Mr. Kossnar moved to approve the May 2008 Profit and Loss Statement.  The motion was seconded and carried unanimously.

Ms. Thomson sent out second-notice collection letters to lots 118 and 200.  A final collection-notice was sent to lot 120.

Ms. Thomson posted $1000 security deposits for lots 132, Burke and 92, Sapp.

Ms. Shockley reported that Ms. Thomson had received a protest letter from Neil Lance, lot 140 for a white line citation his renter’s received over New Years.  Mr. Lance said he never received the citation in the mail.  He had moved and never informed Ms. Thomson of his address change.  Mr. Lance is on Moovalya Drive and he is loop holing the rule language that says it is illegal to park between the white lines, since there is only one white line on his street.  Ms. Thomson also reported that Mr. Lance has never paid his $1000 security deposit and she has billed him twice.

Mr. Kossnar moved to approve the Bookkeeper’s Report, May Prepaid Bills and Bills for Approval.  The motion was seconded and carried.

Email letter from Mr. Standrod, lot 64 was read by Laura Lancaster.  In the letter Mr. Standrod asked the board to remove Cheryl Shockley from her position of general manager because of an incident that happened with someone using his boat and trespassing on Ms. Shockley’s Dock.  The letter stated that Ms. Shockley acted in an inappropriate manner when she untied the front of his boat from the dock.  He stated that the boat was tied to Jamie Klugman’s dock and was not tied to Ms. Shockley’s dock and by untying the front of the boat it created a hazard in the canal. 

Ms. Shockley stated that she would respond in her General Manager’s Report.

Ms. Shockley reported that in the early morning hours on Friday May 23rd, she was awoken at approximately 2:15am by loud music coming from the canal outside her home.  After approximately 5 to 7 minutes of the music continuing and not moving away from her house, she got up from bed to investigate.  She went out on her balcony and observed two men in a ski boat tying up the front of their boat to her dock.  Ms. Shockley tried to get the attention of the two men, but the music was too loud for them to hear her.  Ms. Shockley’s boyfriend awoke to the commotion and proceeded to go down to the dock and ask the two men to turn down their music and not tie up to their dock.  Ms. Shockley also went down to the dock and told the two men that if they did not untie their boat from the dock that she was going to call the sheriff’s department and report them as trespassers.  The two men ignored both Ms. Shockley and her boyfriend and proceeded down the dock next-door, lot 225 (Klugman), jumped over the culvert drain and proceed up the Desert Resorts lot.  Ms. Shockley stated that she called the sheriff’s department and report trespassers on her dock.  Ms. Shockley also retrieved her camcorder and proceeded to film the boat that was tied to her dock.  Ms. Shockley untied the front of the boat that was tied to her dock and took pictures of the boats CF#’s.  Deputy Frank arrived approximately 20 minutes later.  He took a report from Ms. Shockley and her boyfriend.  Deputy Frank asked where the individuals were and Ms. Shockley stated that they had probably gone to Circle K.  The deputy went to check the store but reported back that he had found no one.  The deputy then proceeded to call in the CF#’s.  The boat came back registered to a Dennis Standrod.  Ms. Shockley told the deputy that she knew that Mr. Standrod had a home in the Keys, but that he was not one of the individuals in the boat and he did not have permission to be tied to her dock.  Ms. Shockley gave the deputy Mr. Standrod address and he proceeded to the house to tell them to move the boat.  Deputy arrived back at Ms. Shockley’s residence and told her boyfriend that he had contacted individuals in the house and told them that they needed to retrieve their boat within a half an hour.  Ms. Shockley stated she has video of all that happened that evening and the boat in question never was in the middle of the canal as was stated in Mr. Standrod’s letter.  The back of the boat was securely tied to the dock next door and was never a hazard in the canal to itself or any other watercraft. 

Ms. Shockley reported that there had been a theft of a wallet from a vehicle parked at 8740 Navajo Lane (at the exit gate).  She reported that she received a call from Deputy Escorza at 6:00am on Tuesday May 20th wanting to go through the security tapes of the previous evening.  Mr. Sweeney was able to review the footage and the sheriff’s office was able to identify and arrest the suspect.

Ms. Shockley had a report from a homeowner over the holiday that the drain in the street at 8669 Moovalya Drive (Lot 123-Dyckman) was not draining properly after the rain.  Mr. Kossnar suggested that a new grate be installed and it was also suggested that the drain be jetted.

Ms. Shockley reported that Mr. Arciero at Lot 35 8781 Moovalya Drive wanted to know if there was anything that could be done to help him with the cable company NPG.  When NPG came they discover the cable had been cut during the sewer installation.  Ms. Shockley spoke with Doug Konkrite at Buckskin Sanitation Dist. and he stated that it had been too long for them to be responsible.  The board suggested that the Mr. Arciero needed to take his complaint back to NPG because if they wanted him as a customer then they should provide for the necessary repairs for his service.

Ms. Shockley reported that she received an email from Pete Becker Lot 115 8779 Papago Loop stating his concern about more cracks in the street around the manhole in front of his house.  He wanted to know if the recent Brooke Water main breaks had contributed to the cracking.  Ms. Shockley reported that she went and looked at the street but to her it did not seem that there were any more than normal cracks but that she would keep on eye on it.

Ms. Shockley reported that she had issued 5 over the white line citations to the following properties:  (2) Lot 40 Neil Lance (Rental), Northcutt (1) Lot 102 (Rental), Anslyn (1) Lot 113 (Rental) and Keller (1) Lot 39.  All but one of these citations was issued over the holiday.

Ms. Shockley reported that she sent out weed letters to the following properties and all had complied and cleaned their lots: 170,158, 173, 200, 208, 209, 210 & 236.

Ms. Shockley stated that she received (3) new rental properties: Lot 92 8800 Papago Loop, Lot 100 8874 Papago Loop and Lot 132 8692 Yaqui Loop.  Ms. Shockley reported that both Lot’s # 92 & 132 had paid their $1000 deposit.

Ms. Lancaster stated that she had spoken to Kim Gory at RGR about the rental deposit for Rohan and that she had forwarded her the information from the website pertaining to rental deposits.

Larry St. George reported that the construction workers at lot 24 were dumping onto the empty lot 25.  Mr. Sweeney wanted to know if lot 24 had a construction deposit and Ms. Shockley stated that they did not but she would talk to the workers and have them clean lot.

Mr. Sweeney made a motion to approve General Manager’s Report. The motion was seconded and carried.

Gary Svider asked committees to report on progress.

Larry St. George stated that at this time there was no need to proceed on improvements to the entrance until the issued was resolved with the owner of the property north of the Keys.

Mr. Kossnar reported that he had received one protest letter from Lot 40 Neil Lance for the violation of parking over the white line.  The committee will review and report next month.

Jack Sweeney reported that he had no plans for review.

Gary Svider reported that over the Memorial Day weekend once again, there were minors driving recklessly in golf carts.   Mr. Kossnar stated that he also observed reckless driving from several different homeowners’ children. 

Jack Sweeney stated that he had always opposed restricting minors from operating golf carts and ATVs but since most carts now can do upwards to 50mph, he will not oppose any decision the boards decides to take in this matter.

Laura Lancaster suggested that we send out a notice to all homeowners about the speeding and reckless driving problem we are having.

Chuck Baker asked if we knew how many minors were driving recklessly over the holiday weekend.  Ms. Shockley responded that it seemed like the same kids are the ones who drive around every holiday weekend.

Brandon Johnson asked if the HOA would be liable if some one was seriously injured or killed on our streets.
Jack Sweeney responded that the CC&R’s state that no underage unlicensed drivers are allowed to operate vehicles within the HOA.  Mr. Churchill responded that if the HOA did not enforce the CC&R’s and some one was injured, it could become a problem for the HOA.

Mr. Beard asked Ms. Shockley if she received complaints from other homeowners about this problem and suggested that each homeowner help in spotting and reporting such incidents to Cheryl.

Mr. Churchill also stated that this was not a new problem for the HOA and that there will always be offenders and that Ms. Shockley can’t be everywhere to police the problem.  Mr. Churchill also suggested a notice be sent out with the next billing statement about the problems the HOA is experiencing with underage drivers.

Chuck Baker asked that the letter state that no more warnings were going to be issued.  If someone is observed speeding or reckless driving they will be cited. 

Mr. Kossnar suggested that the notice also advise homeowners that  all golf carts, ATV’s and motorcycles must have the appropriate lot # visible and if the vehicle does not the owner will be asked to put the vehicle away until it has the proper Lot ID on it.

Ms. Lancaster suggested that the notice be on a different colored paper so it would be noticed.

It was approved to order a 30 yard dumpster for the 4th of July holiday. 

It was approved to hire La Paz Co. Sheriffs for the 4th of July holiday security.

Mr. Svider asked that the review of the CC’R’s be postponed for now, due to time and the other issues the Board needed to handle.

Mr. Churchill suggested that the Brooke Water fence project be discussed in executive session.

Mr. Beard discussed the drainage issue on Papago Loop and how when ever anyone washed a vehicle or it rained that all the water seemed to be coming onto his property.  Ms. Sweeney responded by saying that most the properties in the Keys have the same issue and it’s the responsibility of each homeowner to have proper drainage.  Mr. Beard stated that he was now having a drain installed to alleviate the problem.

Gary Svider asked John Churchill if more than one person is listed on a deed of a property, do they have to designate one person who will be voting.  John Churchill stated that per the CC&R’s a property that has more than one owner must notify the HOA of who that person will be before the voting.  Gary Svider also asked if the HOA had record of who the voter was for each rental property.

Gary Svider discussed that a notice to be sent out with the statement stating the nuisance problem and how the board can enforce rule 12.6 in the CC&R’s by issuing a special assessment if a homeowner is in violation.

Ms. Lancaster suggested that maybe the HOA could be sending out too many notices and that the homeowners will be overwhelmed with all the rules the board is trying to enforce.

Jack Sweeney suggested that the notice just advice the homeowners to read the CC&R’s section 12.6 (Nuisances) and section 12.18 (Enforcement) so that they are aware that they can be accountable for their actions.  Mr. Sweeney also stated that not all homeowners are in violation of disturbing the peace.  There are certain homeowners that are repeat offenders and that the notice only be sent to those who are the problem.

Mr. Kossnar agreed with Mr. Sweeney that a notice or letter be sent only to the homeowner’s who are in violation.

Gary Svider asked if any work had begun on the retaining wall Lot 251 at the exit gate.  Jack Sweeney stated that since Chris Chambers was absent from the meeting, the board did not know at this time what progress had been made.

Chuck Baker stated he had received a letter from Lot 139 (Klencan/Sternberg) concerning the issues he is having with their rental property.  Mr. Baker said the letter acknowledged the problems.  The letter also stated that since Carla Fualkner has been handling the property there are less problems and that they are abiding by the 10 person limit.  The letter asked Mr. Baker to call if he had any problems, but Mr. Baker contends that it is not his responsibility to call the homeowner every time there is a problem.  Mr. Baker also stated that during the past two weekends there were no problems with the house.  He reported that the house did not have as many people in it as it has in the past.  Mr. Svider asked Mr. Baker if the HOA needed to respond to letter because of some of the facts it stated.  Mr. Baker said he would handle this issue and answer the letter himself since it was directed at him and not the HOA.

Mr. Beard stated that he thought that the board is singling out the rental houses when addressing problems of noise and too many people.  Mr. Beard asked Mr. Baker how many guests did he have at his wedding and how many were issued citations for being parked over the white line.  Mr. Baker responded that he had at least 200 guests, but there were no complaints about noise.  Mr. Sweeney reported that there were no vehicles over the white lines at Mr. Baker’s wedding due to the fact that three golf carts were used to shuttle guests from common lot for the wedding.  Mr. St. George explained that homeowners are there everyday and they are accountable for their guests, but the renters come and go every weekend and there is no one accountable for them.

Ms. Shockley stated that RGR and all the rental properties are doing a good job with supplying the information sheets.  She said that the tenant information sheet provides her with information needed to do her job and it is a big help in identifying vehicles when there could be a problem.

Mr. Kossnar reported that a homeowner’s boat trailer was mistakenly taken from the common lot by another homeowner.  The issued was resolved when the owner of the trailer saw it driving by his house with someone else’s boat on it. 

Ms. Lancaster inquired if the fax machine issue had been resolved and Ms. Shockley said she believed it had.

The no trespassing sign issue will be discussed in the future if needed.

The meeting adjourned to Executive Session at 7:30pm

Meeting Readjourned at 8:30pm

Ms. Lancaster was asked to return to the meeting. 

Mr. Kossnar made a motion for John Churchill to proceed with the summary judgment for the lawsuit.  The motion carried by a vote of 7 to 1.

The meeting adjourned at 8:40pm
Submitted by Recording Secretary, Cheryl Shockley