Board of Directors
Regular Meeting
JULY 7, 2008

President Gary Svider called the regular meeting of the Lake Moovalya Keys Board of Directors to order at 6:03 p.m.

President:  Gary Svider
Vice President:  Jack Sweeney
Secretary/Treasurer:  Absent – Chuck Baker
Board Members:  William (Squeak) Kossnar, Laura Lancaster, Joe Maxwell and Larry St. George, Chris Chambers, Al McPherson

Board Members:  Brandon Johnson

Guests:  Carla Faulkner (Robert Gory Realty Property Manager), Mr. Habermann, lot229, Rick Gilbank Buckskin Fire Department and Tricia and Bruce Pollet (7:00pm) lot 43.
General Manager:  Cheryl Shockley
Legal Counsel:  John C. Churchill

Mr. Maxwell moved to approve the Minutes of the Regular Meeting of June 2, 2008.  The motion was seconded and carried unanimously.

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

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

Rental security deposit was received by Rohan (lot 100).

11 late fees were assessed to lots 26, 45, 52, 70, 146, 162, 163, 164, 169, 173 & 200.

Ms. Thompson informed John Churchill that Mel Duncan (lot 146) sent in $600.  His current balance including July 1 dues is now $220.  He did not pay the attorney’s fees per the lien notice.

Notice of Trustees’ Sale of lot 169 (Travis Caves) is scheduled for August 7 at 11:30am in the courtyard of the La Paz County Complex on Kofa Avenue.  Payments of $4,359.03 per month are delinquent since 10/1/07.  A copy of the documents was sent to John Churchill on 6/13/08.  Ms. Thompson stated in her report that Mr. Caves sent a payment of $200 on 5/9/08, and his current balance, including July 1 dues, is now $510.

Ms. Thompson reported that she had not heard from John Churchill in reply to her revised Rules & Fines document, which was sent to him last month for his approval.  Mr. Churchill replied that he has been very busy and his office was short handed at this time, but he would review the documents as soon as possible.

Barbara O’ Connor, the Associations CPA completed her 2007 Compilation Report.

Mr. Sweeney asked which homeowner’s that rent their house short term have not paid their $1000 deposit.  Ms. Shockley reported that at least 5 more homeowners are renting out their houses at this time and she has billed those homeowners accordingly.  Mr. Sweeney asked that Ms. Shockley put together a list of the houses that are for rent and when they started renting and who has and who has not paid their deposits, excluding the 5 that are involved in the lawsuit.  Mr. Sweeney advised that the Board needs to take action against those homeowners who are not complying with paying their deposit.  Mr. Sweeney asked that the list be present for the next meeting.

Mr. Kossnar moved to approve the Bookkeeper’s Report. The motion was seconded and carried.

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

Mr. Sweeney inquired about Coykendall lot and the weed problem.  Ms. Shockley stated that she had taken pictures of lot on June 5th and a notice had been sent out to Mr. Coykendall on June 9th and he had 30 days to respond.   Mr. St. George asked that the vacant lot next to him, lot 24 also be sent a notice. 

Ms. Shockley reported that Lot 32 (Lay) had fixed their concrete driveway that had collapsed when the fire truck drove over it.

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

Mr. Kossnar reported the protest received from Neil Lance lot 40 is not protesting that the vehicles were parked over the white line, Mr. Lance is protesting the rule wording of parking “between the two white lines”, he states that since there is no white line painted on the other side of his street (Moovalya Drive) that the Association can not enforce this rule. Mr. Kossnar stated the pictures clearly show that all the vehicles were parked over the white line and the citation should stand.    Mr. Sweeney made a motion for all of Lot 40 citations to stand but asked Ms. Shockley to read the rule.  Ms. Shockley recited the rule: Parking or encroachment of a parked vehicle/trailer into the area between the two white lines or over a white line will result in a fine to the lot owner.  The motion was seconded and carried.  Mr. McPherson asked that Mr. Churchill to give his enterputation of the rule and Mr. Churchill replied that the rule clearly states over the white line or between the two white lines, it is not complicated to understand.

Mr. Svider asked if something needed to be done about the complaints and the repeated visits of the general manager to Lot 120 Vega/Pratt.  Mr. Kossnar stated that construction work has been continuing in the night time hours and he once again had to call the La Paz Co. Sheriff at 12:30am on July 3rd to stop them from making noise.  Ms. Shockley stated that when she called the sheriff’s department, they once again did nothing.  The deputies kept asking what the HOA’s CC &R’s required and both she and Mr. Kossnar said that the CC & R’s had nothing to do with this; these homeowners are disturbing the peace of other homeowners.  Mr. Churchill advised Ms. Shockley the next time the sheriff’s department did not help here with a problem she was to get the deputies names and report the incident to Hal Collett.  Ms. Shockley reported that she had repeat complaints from Woodside’s about noise and the construction workers crossing their property and she reported that Mr. Veld does not want lot 120 construction deposit returned until the side of his house were they are working is cleaned up properly.  Ms. Shockley reported that Lot 120 was rented out 4th of July weekend and neighbors observed the renters shooting off fireworks inside the house and having water balloon fights inside the house.

Larry St. George reported an incident where he was verbally assaulted by home owner Dennis Standrod, lot 64, 8850 Apache Loop.  Mr. St. George stated that he was barbequing on 7/4/08 at approximately 5:30pm, when Mr. Standrod from across the canal flipped him off and started calling him nasty names.  Mr. St. George expressed that he did not know what had set off Mr. Standrod to behave in this manner.  Mr. Standrod yelled across the canal at least 3 times for Mr. St. George to come over to his garage so he could kick his butt. (Not the language that was used).  Mr. Standrod’s behavior upset Mrs. St. George and her daughter so much that they went to the gate to report the incident to the deputy on duty.  The deputy on duty told Mrs. St. George to call 911.  Mr. St. George stated that he was very unhappy that the deputy on duty did not respond and he wanted to know why the HOA was paying them if they weren’t going to respond to such issues.  Mr. St. George also reported that while his wife and daughter were going to the guard shack 3 individuals jumped on their golf cart to get a ride to the gate.  Mr. St. George reported that his wife had to get very upset at the individuals to get them to get off the cart.  He also reported that there were golf carts with individual’s skate boarding behind them.  To him it seemed like the deputy on duty was not doing the job he was hire to do.

Mr. Sweeney responded that he thought that the advantage of hiring the sheriff’s department was that they were going to have a deputy and patrol car on duty to respond to such incidents.  Ms. Shockley stated that she did not know why the deputy did not do anything about the situation and she did not know what had gone on until the next day.  She advised the next deputy that came on duty that he was to investigate any complaints and report them to her.  

Mr. Svider asked that a letter be sent to Mr. Standrod’s superiors about his behavior.  Mr. Svider also stated that 2 years ago the board decided not to send such a letter but at the time he was willing to send the letter to Mr. Standrod’s employer personally.  Mr. Svider said that Mr. Standrod approached him at the 2007 Annual meeting and asked what his problem was with him, and he did so in a menacing manner.  Mr. Sweeney stated that something needed to be done about these individuals who think that they can threaten our employees and other homeowners.  Mr. Svider asked if there was something in the HOA’s CC&R’s that could be used against Mr. Standrod and his behavior.  Mr. Churchill was asked what the HOA could do against these individuals.  Mr. Churchill advised the board that Mr. Standrod was not in violation of the CC & R’s by using the foul language but he was breaking the law and that the next time he threaten anyone, the sheriff’s department needed to be called and a report needed to be taken and every time Mr. Standrod or any of these individuals acted in such manner the sheriff’s department needed to be called and a report needed to be taken to document what was happening and with enough complaints and reports eventually these individuals would be arrested and charged.  Mr. Kossnar also stated until someone was willing to be the victim and file such a complaint against these individuals nothing could be done by the sheriff’s department.

Mr. St. George asked if the deputy on duty was able to take such action.  Mr. Kossnar responded that the deputy on duty was working for the HOA, he was off duty but he should have had the capability to call in the complaint so other on duty officers could handle the situation.  Ms. Shockley stated should would look into the problem and ask why the deputy on duty did not respond.  She would also ask the Sheriff’s department to send a different deputy for the Labor Day weekend security.

Mr. Habermann, lot 229 asked the board if the Association would be willing to buy wireless system so homeowners could access the internet.  Mr. Habermann stated that he is in Parker only a few days a month and he doesn’t want to have to pay for a full month’s use of cable when he is not here to use it.  Mr. McPherson responded by stating that he is only here a few days a month but he pays for the months service.  Mr. Sweeney asked if there was a neighbor in his area who would be willing to let him hook up to their wireless service. Mr. Habermann said he had approached his neighbor next door who had wireless but the neighbor told him no.  The Board told Mr. Habermann at this time it was not interested in buying any type of wireless system for the HOA.

Chris Chamber reported that the wall has been built on lot #251 at the exit gate.  Mr. Chambers stated that Mr. Sweeney wanted the wall to go up one more course and then it will be stuccoed.

Carla Faulkner reported that Chuck Baker and Mr. Klecan, Lot 139 had met over the 4th of July holiday and that both Mr. Baker and Mr. Klecan discussed and resolved a lot of the issues that were on going with renters of the property.

Mr. Svider asked the board if the Association should make a proposal for the annual meeting to see if some kind of maintenance needed to be done to the boat ramp at the end of Moovalya Drive.  It was suggested that the ramp was part of Peters, Lot 19 and that Mr. John Peters was the one who had the ramp built for his access.  Mr. Churchill said he would look over the description of property to see who had ownership of ramp before any decisions of maintenance should be made.

It was suggested that an automatic watering system be installed along the common lot to water the oleanders.  Mr. St. George suggested that the oleanders should be removed because of safety issues; he stated that you can not see over the oleanders when you exit the lot across from the mailboxes.  Mr. St. George stated that he was in favor of building a small wall where the oleanders are now.  Mr. Sweeney thought that the wall would be damaged by people hitting it with trailers.  Mr. Chambers suggested a small curb be built, that way trailers and other vehicles could not damage it.  Ms. Shockley suggested the use of large boulders instead of the oleanders, that way people would damage their own vehicles and not a wall if they back into one.  Mr. Svider asked Mr. St. George to put together a proposal for the oleanders to be removed and a small wall to be built.

Mr. Churchill was asked if he had been able to finalize the revised rules and fines document that Ms. Thompson had submitted to him.  Mr. Churchill said that due to being short handed in his office, he had not been able to review the documents.

The meeting adjourned to Executive Session at 7:18pm.

Meeting Readjourned at 8:08pm

Ms. Lancaster was asked to return to the meeting. 

Jack Sweeney made a motion for John Churchill to pursue the Brooke Water issue and file a quitclaim for access to the boat ramp area.  The motion was seconded and carried.

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.

The meeting adjourned at 8:13pm
Submitted by Recording Secretary, Cheryl Shockley