|   LAKE MOOVALYA 
                KEYS, INC. 
                Board of Directors 
                Annual Meeting 
                MARCH 29, 2008 9:30 AM 
              CALL TO ORDER  
                President Chuck  Baker called the annual meeting of the Lake Moovalya Keys Board of Directors to  order at 9:30 a.m.  
              PRESENT 
                President Chuck  Baker, Vice-President Jack Sweeney; Board Members Gary Svider, William (Squeak)  Kossnar, Larry St. George. 
              ABSENT     
                Secretary/Treasurer Chris Chambers 
                Board Members Joe Maxwell 
              OTHERS PRESENT            
  John Churchill, Legal  Counsel; Sue Thomson, Business Manager and Recording Secretary; Cheryl  Shockley, General Manager; Hal Collett, La Paz County Sheriff; Lt. Alan Nelson,  La Paz County Sheriff’s Office; Maj. Steve Biro, La Paz County Emergency  Manager; Carla Faulkner Property Manager, Robert Gory Realty. 
              PROPERTY  OWNERS PRESENT 
              The sign-in sheet  of those present at the Annual Meeting is on file with the Association.  The number of owners present at the meeting  was 46.  The number of members who voted  either by regular ballot or absentee ballot was 119.
              INTRODUCTIONS 
              The Board members, legal counsel, Business Manager and General Manager  introduced themselves to the membership.   The owners and meeting guests introduced themselves.  
              MINUTES  
                The Minutes of the 2007 Annual Meeting were approved by the Board of  Directors on June 4, 2007. 
              FINANCIAL  STATEMENTS 
              Mr. Baker reviewed  the current Balance Sheet.  The members  previously received the 2007 financials with their meeting Notice.  Bank balances for each of the six bank accounts  were announced, with a collective total of approximately $200,000.  Mr. Baker reported some questions from people  inquiring about a possible dues’ increase.   Mr. Baker said that won’t be necessary; that we have about $20,000 to  $25,000 left over at year end to transfer to the reserve account.  He said we had some major road and bridge  construction costs several years ago that caused us to borrow money, but that  loan was paid off a few years ago.  The  roads are now in good condition, with a seal coat done in 2007.  The roads will probably need slurry in 2009.
              CAMPAIGN RUNNERS/INTRODUCTIONS 
  Mr. Baker said the  Association used to have to beg people to be on the Board; but we’ve had lots  of interest by others this year.  Mr.  Sweeney was elected Vice-President in November when former President Bill Risen  resigned.  Ms. Lancaster helped out a lot  with the renter situation, and she prepared new renter packets.  Mr. McPherson attended lots of Board meetings  in the past, and his wife was a former Board member. 
              BALLOT PROPOSITIONS  
                Mr. Baker was asked  how we got from 8 to 10 maximum people on the rental occupancy proposition, and  he replied that 10 was a compromise; he wanted it to be 8, but the agents and  renters were putting up a 10-person rule. 
              One owner, who  lives next to two rental properties, said the problem seems to be 20-year olds  of the homeowners, and the partying is not necessarily caused by renters.  Mr. Baker acknowledged the problem and said  they are trying to deal with that as well.   Mr. Baker was asked if he thought limiting the number of tenants would  solve the problem, and Mr. Baker replied that when you have a disturbance issue  where an owner is present, at least the General Manager can go take of it.  Mr. Baker was asked how the Association could  enforce the 10-person limit, and he said we would rely on the Tenant  Information Sheets that list all guests; we obviously can’t do a bed check. 
              On the  double-parking of boats issue, Mr. Baker said we are not going to look for  violations; we’re only concerned when it creates an obstruction, and the  Sheriff’s Office can also cite for obstruction in the canals.  A homeowner stated that there are problems  with fishermen blocking the canal entrances at times.  It was also noted that the river and the  canals are non-restricted federal waterways. 
              Mr. Churchill  explained the proposed amendment to the CC&R’s, section 10.2, which would  allow the Association to seek compensation from a homeowner first, before  reporting a damage incident to a common area to our insurance company.  For example, if someone bashes the gate, we  catch them on camera, and the perpetrator says ‘screw you, turn it in to your  insurance company’, we would have the option to go after the homeowner; we  should have the right to go after the homeowner.  Mr. Churchill said that the Association’s  insurance company has requested this change. 
              Another homeowner  who said he was in favor of no double-parking of boats expressed his concern on  how this policy could be enforced.  Mr.  Baker said that the General Manager would contact the property owner and  request them to move the boat, especially during a holiday weekend.  On a non-holiday weekend, we would not be so  concerned. 
              There was a concern  expressed about the danger of the crane on the dock at lot 20.  The metal, T-bar crane should at least swing  back.  Mr. Baker said we would look into  that, and we have talked to the owner about it, but he hasn’t done anything. 
              Mr. Churchill  advised that the waters running thru the Keys are federal waterways; the land  under the water belongs to the homeowners, so the waterways have federal  jurisdiction, including obstructions and fish.   The state has jurisdiction over certain laws on federal waterways, so  it’s a shared jurisdiction with the state.   Docks belong to homeowners, but the Army Corp. has control over them  because they are over the federal waterway.   The Board can intervene as well, so there are multiple  jurisdictions.  If someone ties up to  your dock, you have power as the dock owner. 
              Another homeowner  suggested re-wording the proposition to say ‘obstruction’, not just ‘double  parking’.   
              GUEST SPEAKERS  
                Mr. Baker reported  that Cliff Edey, District 2 Supervisor, could not be present today due to the  flu. 
              Mr. Collett  reported that their biggest problem is private property.  They can only enforce state laws, not  Association rules.  They can, however,  enforce obstructions in the canals and speeding on streets and waterways.  They have the expertise to answer homeowner  questions.  Regarding the posted speed  limit in the Keys, the state law says the residential speed limit is 25 MPH,  and he admits 25 is too fast, but that’s the state law.  Reckless driving and DUI are state laws, as  is disturbing the peace, and they can deal with those issues.  These are misdemeanors, and on a second visit  after such a complaint, they can formally deal with the problem. 
              Mr. Collett was  asked by a homeowner if underage drivers can legally operate golf carts, and  Mr. Collett said it is permissible on private property, but not on the streets,  and the golf cart must be street legal.   Mr. Churchill announced that the Sheriff’s Office feels the Keys’  streets are fair game to the Sheriff’s Office if a driver is driving under the  influence; be warned, they will be cited and arrested for DUI on a golf  cart.  An arrest can also be made on  private property for DUI, in a golf cart or other vehicle.  Mr. Collett confirmed this is correct and  said that juveniles who drive recklessly can be deemed a ‘dangerous operation’,  and they can enforce that law.  Mr.  Collett said the deputies will patrol the Keys, but it’s complaint driven.  At times, when the officers are slow, they  can drive through the Keys.  Mainly, they  respond as call takers, as they have limited resources. 
              One owner on Riverside Drive across from Circle-K reported others using  their dock for parking while they make trips on foot to Circle-K, which has  occurred even while they, the owners, are there on their dock.  No Trespassing and Private Property signs  posted are ignored.  Mr. Collett said if  signs are posted and folks are trespassing, please call the Sheriff’s Office,  and they will respond.  Call numbers from  the boats can be reported as well, and the Sheriff’s Office will seek out the  boat. 
              Lt. Nelson said he  has talked to Mr. Svider, owner of JT’s on the Keys, about double-boat parking  and obstruction.  He has also talked to  the County Attorney.  The  Sheriff’s Office are call takers, but ultimately prosecution comes down to  whether or not the County   Attorney prosecutes.   If a homeowner asks a trespasser to leave, and he or she refuses, the  Sheriff’s Office can take action.  He  also advised that NO PARKING, NO TRESPASSING signs must include the Arizona statute that applies, which is ’A.R.S.  13-1502A1’.  That statute must be stated  on the sign.  The Sheriff’s Office cannot  tow a boat or vehicle from private property, but the homeowner has the right to  have it towed away at the vehicle owner’s cost.   It’s the homeowner’s responsibility to have it moved. 
              Concerning a homeowner  question about DUI in a paddle boat, two things must both occur:  It has to be a motorized vessel (a bass boat  with its motor off is still a motorized vessel), and the motorized vessel has  to be underway (floating is considered underway).  Both those criteria have to be met on a DUI  situation.  There is no Arizona law concerning kayaks and DUI, but there’s  no ‘half the River’, and California can enforce their rules on both sides of the river.  Both states can patrol both sides of the  river, but there are no open container laws regarding kayaks. 
              Lt. Nelson  clarified the criteria on the obstruction issue as any ‘unreasonable  obstruction’, and reasonable access is determined on a case-by-case situation.  State law terms it ‘unreasonably obstructs’ and results in ‘impairment of  health and safety’.  It is a mandatory  action item.  The Sheriff wants to  increase patrolling on the river, and they want the authorities to be more  visible to deter people, but the Sheriff’s Office should be called if there is  a legitimate problem.  However, they do  not want to be involved in neighbor disputes.   They will do their best to rectify problems. 
              Maj. Biro announced a multi-agency, comprehensive emergency  evacuation drill that will occur in the Keys on May 14.  It involves a hypothetical haz-mat  catastrophe at the gate, blocking that escape route.  The Sheriff’s Office asked for volunteer  evacuees, including those who are mentally and physically challenged.  They want to see how quickly they can  evacuate people from the Keys via boats, and transport them upriver to the boat  house where other agencies will take over their food and shelter needs.  FEMA, Homeland Security, Red Cross and many  other agencies, federal, state and local will be involved.  On the morning of May 14 authorities will be  knocking on doors, so if owners do not wish to be involved, they would  appreciate them posting a do-not-disturb note on their front doors.  Those who wish to volunteer for the drill in  advance should fill out a waiver which can be obtained from the HOA General  Manager, or from the Boating Office upriver.   The deadline for submitting waivers is May 6. 
              They are interested in determining how well their  first-responders do, and six or seven of their goals have never been tested in Arizona.  The drill is scheduled to start at 9 a.m. and should conclude by 3 p.m., but it could be concluded as early as noon if timely evacuations are made.  Maj. Biro reported that a haz-mat incident is  1,000 time more likely to occur than a fire or flood.  When the drill is over, they encourage folks  who participated to get together and share their comments.  The La Paz County Emergency Planning  Commission is looking for people to help.   The Commission works from grants, hospital and volunteer groups, and  search and rescue.  
              ELECTION RESULTS 
                Mr. Baker announced the election results with  the following persons being elected to the Board: 
              JACK SWEENEY, CHRIS CHAMBERS, CHUCK BAKER, JOE  MAXWELL, WILLIAM KOSSNAR, LARRY ST. GEORGE, GARY SVIDER, LAURA LANCASTER,  BRANDON JOHNSON, AL McPHERSON & BLANE COON. 
              Mr. Baker stated that the purpose of a large  Board is so owners can easily find someone to talk to. 
              Mr. Baker announced the three ballot  propositions* (the 10-person occupancy limit for short-term rentals, the  mandatory submission of completed Tenant information Sheets prior to check-ins  by short term renters, and the prohibition of double-parking of boats in the  canals), as well as the  section 10.2  CC&R’s amendment all PASSED.    
              *[The  10-person-maximum proposition was later deemed a FAILURE TO PASS by a very  narrow margin.] 
              DISCUSSION OF 2007 PROJECTS  
                The streets were seal coated. 
              A Small Claims lawsuit filed against Brooke  Water to collect damages for street repairs due to a water main break on Hopi Drive resulted in a  favorable outcome for the Association.   
              The Board worked with rental owners to come up  with solutions on renter issues. 
              An audit was done on the 2006 books and  records. 
              Poles and chains were installed at vacant lots  on Hopi Drive and Moovalya Drive. 
              The Sheriff’s Office was in attendance at some  of our meetings to address problems. 
              DISCUSSION OF PROPOSED PROJECTS  
  Continuing discussions and evaluating options  for redoing the front entrance are in progress.   The property owner to the north of the Keys has requested access to his  property via our gate.  We’re not sure  that’s going to be necessary, but we are evaluating the options.  Mr. Sweeney reported that 12 units are planned  on the adjacent property, and that entry via the Keys is possibly their only  access.  He also said the property owner  is willing to file a lawsuit, and in Mr. Sweeney’s opinion, he thinks we might  lose.  We could use that opportunity to  redo the front entrance.  Mr. Churchill  advised that Mr. Sweeney’s comment about the outcome of such a lawsuit is just  his personal opinion and does not reflect an opinion of legal counsel or a  consensus of the Board.  A homeowner  asked if it might be possible to move the gate further in if the front is redone,  and Mr. Baker replied affirmatively. 
              DISCUSSIONS FROM HOMEOWNERS 
  In reply to a comment about building height,  Mr. Baker said a building’s height must not exceed 18’ from the center of the  street.  No part of the structure can  exceed 18’.  If it looks close to the  limit, we will shoot it. 
              A homeowner expressed appreciation for the HOA  putting out the running candidates’ bios to the members. 
              Another owner inquired about the safety issue  at the south ramp, due to its slippery nature.   Mr. Baker said we could look into it.   He also noted that the north ramp belongs to Brooke Water. 
              A homeowner asked about the Riverside Drive  road-widening status, and Mr. Sweeney reported that public works is waiting for  the sewer project to go forward, and the County is ready to proceed with the  road widening as soon as the road is dug up for the sewer project.  Mr. Sweeney said that the survey for the  sewers is done.  Mr. Baker said it would  probably occur in the next year or two. 
              Ms. Shockley answered a homeowner question  about lot 10 by reporting that the County sent the owner a compliance letter  demanding the building be brought up to code or it will be demolished, at the  owner’s expense. 
              A homeowner asked about the possibility of  putting in another overflow parking lot, and Mr. Baker said that is no longer  an option. 
              There was a question about the building plan  status on lot 198, and Mr. Sweeney said he hasn’t seen the owner for about two  years. 
              A homeowner asked if the bridges are  sound.  Mr. Baker said we were going to  do some repairs to the bridge fascia, but the river wasn’t lowered enough the  past two years.  He said the bridges are  structurally sound. 
              ADJOURNMENT 
              The meeting adjourned at 10:50 a.m. 
              Submitted by Sue Thomson, Recording  Secretary 
              ANNUAL MINUTES  APPROVED BY THE BOARD OF DIRECTORS ON MAY 5, 2008
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