Board of Directors
DECEMBER 7, 2009
CALL TO ORDER
President Gary Svider called the regular meeting of the Lake Moovalya Keys Board of Directors to order at 6:05pm.
President: Gary Svider
Vice President: Jack Sweeney
Secretary/Treasurer: Chuck Baker (Absent)
Board Members: William (Squeak) Kossnar, Joe Price, Blane Coon, Rob Troxler, Laura Lancaster (by phone)
Board Members: Chuck Baker, Chris Chambers and Brandon Johnson
Guests: Carla Faulkner (RGR), Gary Ansyln Lot 113 and Linda Deter Lot 142
General Manager: Cheryl Shockley
Legal Counsel: John C. Churchill
Annual Meeting Minutes
Joe Price moved to approve the Annual Meeting Minutes of April 11, 2009. The motion was seconded and carried unanimously.
Laura Lancaster moved to approve the Minutes of the Regular Meeting of October 5, 2009. The motion was seconded and carried unanimously.
Jack Sweeney moved to approve the Executive Meeting Minutes of October 5, 2009. The motion was seconded and carried unanimously.
CALL TO PUBLIC
Jack Sweeney moved to approve the October 2009 Balance Sheet. The motion was seconded and carried unanimously.
Jack Sweeney moved to approve the October 2009 Profit and Loss Statement. The motion was seconded and carried unanimously.
Joe Price made a motion to approve the Bookkeeper’s Report, October Prepaid Bills and Bills for Approval. Discussion: Mr. Sweeney asked that money still on deposit for Vega/Pratt be applied to past due fines that resulted from the construction on the property. The motion was seconded and carried unanimously.
Submitted by Sue Thompson
Frances Culver (Lot 185) sent the Architectural Review Committee a copy of a letter she sent to Bill Risen (Lot 184) regarding the unfinished wall she says he started in July, which she says is an eye sore in its unfinished state. She wants a timeline for completion pursuant to articles 11.2.4 and 11.6 of the CC&R’s. I will give the letter to Cheryl. Ms. Shockley said that she had spoken with Mr. Risen and he told her that he had complied with Ms. Culvers request and that he had spoken to her and told her that he had done as she had asked. Ms. Shockley stated she had called Ms. Culver to find out if she was satisfied at this time, but she had not heard from her yet.
I received a rental security deposit from Lot 185 (Culver). I refunded a rental security deposit to Lot 113 (Anslyn); they only rent their house in the summer. Cheryl will let me know when they start renting again next spring, so we can collect another deposit; then at the end of the season he will be asking for it back again. Calculating all the variable interest rates that accrue on these deposits is a bit of chore when they start putting them in and taking them out every year. Lot 44 (Meinen) did not uphold his agreement to pay the second installment of his rental security deposit by 9/30. I sent him a follow-up statement with a reminder that he needs to comply or face legal action. Ms. Shockley said that she had received a call from Mr. Meinen concerning his remaining balance of $500 for the rental deposit. He told her that his renters where arriving in mid November and when they did he would remit the $500.
Travis Caves, former owner of Lot 169 now bank owned, still has a rental security deposit of $1,000 on the books. Should we refund him? Mr. Churchill stated that if Caves has filed bankruptcy than the deposit should be returned to the trustee of the bankruptcy, if he has not filed than the deposit can be returned to him personally. Mr. Sweeney made a motion to return the $1000 deposit to Mr. Caves if he has not filed bankruptcy. The motion was seconded and carried unanimously.
Vega/Pratt, former owners of Lot 120 now bank owned, still have $250 on the books for their construction deposit. You’ll remember that we took $500 of the $750 deposited to pay the lot clean up fine that was assessed. I wrote off the multitudes of their white-line and reckless driving fines, since the bank won’t pay them. Can we transfer this $250 towards the bad debt? Jack Sweeney made a motion to apply the $250 deposit towards any fines owed at this time. The motion was seconded and carried unanimously.
Barbara O’Connor finished the 2008 Review of the books. Chuck hand carried the packet to me last week.
National Bank of AZ is now sending quarterly statements of interest earned on CD accounts, so you will no longer see monthly account activity.
No citations were issued this month.
GENERAL MANAGER’S REPORT
Ms. Shockley reported that Jack Sweeney had caught 19 raccoons so far. Mr. Kossnar made a motion to reimburse Jack for gas and food. The motion was seconded and carried unanimously.
Ms. Shockley reported that Mr. Mulay Lot 148 - 8842 Yaqui Loop has removed his boat that was parked in front of lot 175 (vacant lot). She said she has had no response from Phillips Lot 168 - 8941 Yaqui Loop as to moving their pontoon boat trailer. Dean Tweedy was having medical problems but as soon as he was able to travel he would move his boat from the front of his lot 173 - 8871 Yaqui Loop. Ms. Shockley also reported that she had sent a letter to Smisek lot 90 - 8766 Papago to move his boat that is being stored on his lot at the side of his house.
Ms. Shockley stated that she had received a call from Mrs. Vander Schaaf, she wanted clarification of what an unimproved lot was. She has been storing her pontoon boat on the vacant lot 98 8856 Papago Loop, which is owned by Vander Laan. Mr. Churchill read from the CC&R’s section 12.7 – No vehicle shall be stored in or upon the Common Areas, including the Private Roads, or up a vacant or otherwise unimproved lot (i.e.; a lot upon which a residence has not been completed). Mr. Sweeney stated that he felt that since the lot was enclosed and the fence was tied to the house on the lot next door that it should be ok to store on it. Mr. Churchill stated even if they combine the lots and only have one tax bill the lot would still need to have a residence on it. Mr. Churchill said that if the Association does not enforce the CC&R’s as stated they could find themselves in trouble.
Ms. Shockley asked the Board to clarify that if these vehicles that were in violation of the CC&R’s were not moved by the end of Thanksgiving day weekend, what should be done. The Board advised her to have the vehicles towed at the owner’s expense.
Mr. Kossnar said that the Jaschke lot 171 – 8901 Yaqui Loop had left their boat and truck parked in front of their property and were not expected to return for two weeks. Mr. Sweeney and Mr. Coon said that the Jaschke house was being short saled and that they were in the process of removing all of their belongings from the property before the sale. Mr. Coon said it would not be fair to kick a man when he was down and to let the boat and truck alone for now because it would be moved in two weeks.
Joe Price moved to approve the General Manager’s Report. The motion was seconded and carried unanimously.
Mr. Price said he received two estimates on surveying the streets: $7900 & $6500. He explained that the procedure is complex because they have to number all the pins and draw maps; they also would have to set approximately 18 monuments. Mr. Price said these costs include drawing plans and recording them.
The Board agreed to get an estimate from Parker Tree Service to trim the Oleanders at the entrance area to 8 feet, the estimate to include disposal of all debris under the trees.
Mr. Svider asked Ms. Shockley if she had posted the vacant Board position on the website and she said she had but that no one had responded at this time.
Ms. Lancaster asked if any long-term rentals had paid their deposit. Mr. Kossnar said that the rental deposit was only required for short term rentals. Mr. Churchill stated that a rental was a rental no matter if it was long term or short term. Ms. Shockley stated at this time there were several long-term rentals that have not submitted the deposit. Mr. Sweeney said that the issue had never been addressed to require the long-term rental properties to submit the deposit. He stated that after the rule was adopted he thought that it was determined that only short term rentals (less than 30-days) should be required to submit the deposit. Mr. Sweeney said that Ms. Thomson had been working off a list of rental properties that had not paid and that as of date all were paid. Ms. Lancaster stated that she just wanted to make sure that everyone that rented were required to put up the deposit. The Board was in agreement that at this time they did not want to revisit this issue.
Mr. Svider said that 8920 Riverside Drive was requesting a rezoning from C2 to R1-8, if approved it would require them to comply with the CC&R’s concerning residential issues.
Mr. Kossnar asked if the Board meetings could be moved to every other month. Mr. Sweeney said that there were matters such as bill to be paid and approved on a monthly basis so this would not work. Mr. Churchill stated that the CC&R’s require the Board to meeting on a monthly basis.
Regular meeting adjourned to executive session at 7:00pm.
Meeting reconvened to regular session at 7:15pm
Action from the Executive Session
Ms. Lancaster said she would handle the researching of hiring an attorney for Lot 10 Willoughby and his non-complaince issues of violations of the CC&R’s.
The meeting adjourned at 7:20pm
Submitted by Recording Secretary, Cheryl Shockley
APPROVED BY THE BOARD OF DIRECTORS, DECEMBER 7, 2009