| LAKE MOOVALYA
KEYS, INC.
Board of Directors
Regular Meeting
DECEMBER 6, 2010
CALL TO ORDER
President Jack Sweeney called the regular meeting of the Lake Moovalya Keys Board of Directors to order at 6:01pm.
PRESENT
President: Jack Sweeney
Vice President: Chuck Baker
Secretary/Treasurer: Laura Lancaster (Absent)
Board Members: Blane Coon, Ryan Shubin, William “Squeak” Kossnar, Rob Troxler, Gary Svider and Chris Chambers
ABSENT
Board Members: Joe Price & Laura Lancaster
OTHERS PRESENT
Guests: Carla Faulkner (David Plunkett Realty), Rich Ferber renting lot #220, Christie May and Charlie Ward Lot 227
General Manager: Cheryl Shockley
Legal Counsel: John C. Churchill
INTRODUCTIONS
CALL TO THE PUBLIC
MINUTES
Chuck Baker moved to approve the Minutes of the Regular Meeting of November 1, 2010. The motion was seconded and carried unanimously.
FINANCIAL REPORTS
Chuck Baker made a motion to approve the November 2010 Bookkeeper’s Report, Prepaid Bills and Bills for Approval for November 2010. Discussion: Mr. Baker and Mr. Coon asked what the car washes were for and Ms. Shockley explained that Race Renters on Papago had played a prank at the end of Yaqui Loop and used a fire extinguisher to spray other racers at Laura Lancaster’s rental and that she had fined the renters for the mess they caused in the amount of (4) car washes, 2 for Chris Chamber’s vehicles and 2 for Rob Troxler’s vehicles which got over spray from the extinguishers. The washes were paid by the renters and not the Association. The motion was seconded and carried unanimously.
Chuck Baker made a motion to approve the November 2010 Balance Sheet. The motion was seconded and carried unanimously.
Chuck Baker made a motion to approve the November 2010 Profit and Loss Statement. The motion was seconded and carried unanimously.
BOOKKEEPER REPORT
12/1/10
Rich Cortez, attorney for William Spires who is Bob Willoughby’s partner in Lot 10, contacted me to say that his client is buying out Willoughby’s interest in the property. Spires was not previously aware of all the recent problems with Lot 10, and he will be addressing the Board in the near future about the outstanding legal fees. He said house plans were being submitted right away, and Spires will start paying the HOA dues effective immediately.
The Mondors (Lot 179) replied to Cheryl’s letter about the cats they say are wild, and they will continue to feed them so they don’t starve/die and spread disease, until they are removed in a humane fashion, which removal they welcome. I faxed a copy of the letter to Cheryl.
Chuck Baker’s rental security deposit (Lot 26) was returned to him, and Dwight & Sharon Tisdale (new owners of Lot 26), submitted their rental security deposit. The Carlisles, Lot 110, submitted a construction deposit.
Delinquent dues’ accounts and status are listed on the enclosed spreadsheet.
Citations issued: NONE.
GENERAL MANAGER’S REPORT
Blane Coon made a motion to approve the November 2010 General Manager’s Report. The motion was seconded and carried unanimously.
Mr. Baker inquired about an email that was sent out about the trailers that were in the lot without ID, he asked if any trailers were towed or any fines issued. Ms. Shockley said that she did not have any trailers towed and that after she sent out the notice all trailers/vehicles had ID put on them, so no fines were issued either.
Ms. Shockley reported that she received a call from Stan Vescio Lot 82 8811 Apache Loop on Saturday November 27 about homeowners and their guests who did burn outs with their vehicles on Friday night November 26th at the addresses of 8850 Apache Loop (Dennis Standrod) and Lot 67 8878 Apache Loop Joe Masek and Glenn Lyons. Ms. Shockley stated that burnouts were so severe that there where grooves about 2 to 3 inches deep in the asphalt. Mr. Sweeney said he received calls from several homeowners on Apache Loop that cut their vacations short because of these homeowner’s actions, but they feel trapped because they don’t want any vandalism to happen to them.
Mr. Baker asked if anything had been done to these homeowners who did this vandalism to the property and did the Association have any witnesses. Ms. Shockley stated that the Sheriffs could not do anything to anyone unless witnesses came forward. Mr. Kossnar said that he heard that it was the white Ford Raptor of Dennis Standrod but he could not be sure. Ms. Shockley said that she heard from several people that it was the two Jeep Cherokees that Joe Masek and Glenn Lyons own, but that homeowners are being intimidated by these individuals and don’t want to come forward for fear of retaliation.
Mr. Baker said that if no one comes forward to witness these actions on Apache Loop then there is nothing the Sherriff’s Department can do but that the Association has an obligation to these other homeowners to make it safe. He said that every time these Apache Loop homeowners come to the Keys there is some type of problem and if it takes hiring 24-hour security to keep these homeowners on Apache from destroying Association property and upsetting other homeowners vacations this is the action that needs to be taken. Mr. Baker said this type of action is unacceptable and that in any other Homeowner Association this would not be tolerated. These homeowners are just bullies and that they need to be stopped no matter what it takes.
Mr. Chambers said that he agrees with Mr. Baker but these homeowners who are witnessing these actions need to start making the calls to the Sheriff’s department and take control of their street.
The Board made the decision to hire off duty La Paz County Sheriff’s department for New Year’s weekend and to send out a letter to the entire Association with the Quarterly statement advising homeowners that there would be night time security for the holiday weekend because of the damage and actions of these several homeowners on Apache Loop.
COMMITTEE REPORTS
Plans Review Lot 100 – 8874 Papago Loop. Mr. Sweeney advised the Board that the plans submitted meet the Association’s CC&R’s. Mr. Sweeney made a motion to approve Lot 100 plans. The motion was seconded and carried unanimously.
OLD BUSINESS
Boat Rental Business located at Lot 220 8840 Riverside Drive. Mr. Ferber read a letter to the Board about keeping his business at this location. The Board advised Mr. Ferber that his issue would be discussed in executive session and he would be notified of the outcome.
Richard Cortez phoned into the meeting on behalf of William Spires (co-owner of lot 10), he said he acting as Mr. Spires advisor and counsel in this matter. Mr. Cortez told the Board that Mr. Spires was unaware of the difficulties between Mr. Willoughby and the Association and that Mr. Spires is in the process of acquiring full ownership of the property and that he intends to reconstruct the dwelling on the property. Mr. Spires is proposing that he pay all legal fees associated with this matter and to start construction immediately and to complete it within one year of the start date, in return Mr. Spires is asking the Board to dismiss the lawsuit against Mr. Willoughby and (other to be named defendants) and to not require a performance bond against the project. The Board thanked Mr. Cortez for his phone call and said that the matter was going to be discussed in Executive Session and that Mr. Churchill would advise him of the outcome.
NEW BUSINESS
Gary Svider asked that homeowners that wanted to have garage sales within the Keys get permission from the Board of Directors and if there was going to be another “Community Garage Sale” these homeowners need to ask permission to do so in the future. It was recommended that community sales be limited to one per year with prior approval from the Board of Directors.
Mr. Svider asked who opened the gates for this “Community Sale” and Ms. Shockley responded that she had. Mr. Svider asked who had given her permission to do so and she said no one, she had been asked by Lynda Sweeney if it would be possible to open the gates on both Friday and Saturday and she said she saw no reason why it could not be done. Mr. Sweeney stated that he did not think it was a crime for the homeowners to have at least one community sale per year. Mr. Svider made a motion that no garage sales without prior approval from the Board of Directors. The motion was seconded with a 4 in favor 4 opposed; Mr. Sweeney asked that a new motion be made. More discussion, tabled for now.
Christie May asked to be nominated to the Board of Directors. Mr. Churchill advised the Board that all nominations need to be on the agenda and that Ms. May’s nomination could not be recognized. The Board asked Ms. Shockley to post the vacancy on the Special Notice page of the website.
Adjourn to Executive Session at 6:45pm
Actions Taken from Executive Session
Mr. Baker made a motion to have John Churchill work out an agreement with Mr. Cortez pertaining to Lot 10 Willoughby. The stipulations are that the law suit will be put on hold and a construction time table must be submitted to the Board, all legal fees associated with the matter must be paid in full including Mr. Churchill’s time to put the agreement together with Mr. Cortez and the project must be completed within a year. If the Mr. Spires defaults, the lawsuit will resume and a performance bond will need to be posted. The motion was seconded and carried with Mr. Svider abstaining.
Mr. Shubin made a motion to move forward and make a “Conditional Use Permit” for Lot 220.so it can be put to a vote by the entire Association at the Annual Meeting. Stipulations to be discussed and approved by the Board at the next meeting. The motion was seconded and carried with unanimously.
ADJOURNMENT
The meeting adjourned at 8:30pm
Submitted by Recording Secretary, Cheryl Shockley
APPROVED BY THE BOARD OF DIRECTORS, JANUARY 10, 2011 |
