Pueblo del Sol Property Owners Association Board of Directors Meeting Minutes Fry Fire District Station Training Room.

Transcription

1 1. Call to Order: 7:00 pm 2. Pledge of Allegiance. Pueblo del Sol Property Owners Association Board of Directors Meeting Minutes Fry Fire District Station Training Room July 13, Directors Present: John Avila, Louis DiDonato, Susan Lorenz, Jose Muriente, and Ted Pahle. 4. Directors Absent: None. 5. Owners Present: 16 Lots represented. Dan and Kim Depew, Duane Brofer, Ursula Hollis, Gayle Tullis, Lorna Sills, Norma Murray, Dale and Nancy Chidester, Bob Gollwitzer, Jerry & Shirley Riedel, Peter Dodge, Lin & Ron Brooks, John Auchincloss, Denny Kaunzner, Sam Schechter, Gabrielle LaFargue, Linda Langer. 6. Presiding Officer Comments: Director Pahle presided over the meeting until the election of a new President. Pahle advised those in the meeting that a video/audio recording of the proceedings by an Owner (Denny Kaunzer) was in progress and was fully authorized by ARS and by a previous BOD. Pahle made his closing statements as the FY15 President. a. Pahle congratulated and introduced the new FY 2016 Board of Directors (John Avila, Louis DiDonato, Susan Lorenz, Jose Muriente, & Ted Pahle). b. Regarding the rat infestation in an abandoned house on Apache. Mr. Pahle has been in contact with the owners who are currently residing in Texas. Reports have been made to Cochise County but they have yet to respond. c. Another recently abandoned house is infested with mosquitos due to no maintenance on the pool and it has standing, stagnate water. Cochise County Health Dept has been advised. d. The PDS POA Attorneys received the Owner inputs/suggested changes on July 9th and we are waiting for the final review of the suggested changes after which the BOD will vote to disseminate the final version of the Revised CC&Rs to the Owners. e. Thank you to Gayle Tullis for her hard work and efforts leading the CC&R Working Group. f. The Administrative Law Hearing is on hold due to the attorney s illness. We are waiting on a new date for the hearing. g. Thank you to the Election Committee for the recent BOD Election. The vote counts and ballots are available for review for the next 6 months. 7. Appointment of FY 2016 PDS POA Officers. Pahle opened the nominations for BOD officers but an Owner first asked for introduction of board members. All members gave brief introductions. The motions to nominate Officers began. a. DiDonato nominated Muriente for President. No second. b. Avila nominated Pahle for President. Lorenz seconded. Didonato stated he had concerns regarding the administrative law hearing with regards to the previous BOD President (Pahle). Pahle elected as new President. Four board members voting yes Lorenz, Avila, Muriente, and Pahle. One abstention Didonato.

2 c. Lorenz nominated Avila for Vice President. Muriente seconded. Avila elected as new Vice President. Four board members voting yes Lorenz, Avila, Muriente, and Pahle. One abstention Didonato. d. Pahle nominated Kelley Muriente for Secretary. Seconded by Avila. Kelley Muriente elected as new Secretary. All five board members voting yes. e. Pahle nominated Tony Guthrie for Treasurer. Didonato seconded. Tony Guthrie elected as new Treasurer. All five board members voting yes. 8. BOD President Comments: Pahle gave his comments as the new FY 2016 President. a. Pahle stated that he is not the President of the Board but President of the Association and is accountable to the Board. He only presides over Meetings of the BOD. In his absence the Vice President will preside. Each Board Director has one equal vote and voice on all decisions. b. Pahle states that the most important issue in the Association is the CC&R rewrite. It has been a challenging process. The Board s role is to steer the process but it is up to the Owners to decide. c. He believes in the association and its enforcement of covenants and rules. 9. Appointment and Election of Committees and Working Groups. There was an initial discussion by Directors and Owners regarding nomination process of chair heads. Pahle stated that chair heads are normally appointed by the BOD but that CC&R and Election committees are separate in that the members of the Committee choose their Chairperson. a. Election Committee: Pahle asked for a list of names for Election Committee. Names are Erescene Stokes, Jeri Ligon, Lorna Sills, Sharon Abrams, Ursula Hollis, Nancy Bachert, Gayle Tullis, Donna Reynolds, Michael Murray, Carol Kauzner, Herb and Diane D'Albini, Dale Chidester, Shawn Braddock, Shawn Jones, and Linda Langor. The election committee will choose their own chair at a later date. Board members voted 5-0 for approval of the named Election Committee members. b. ECC Committee: Pahle states that by Arizona statue, a board member must be the chair. Avila motioned to table the election of chair head of ECC committee until the next board meeting. Muriente seconded. Passed 5-0. c. Common Grounds Committee: Pahle motioned to elect Lorna Sills as the Common Grounds chair stating she was done a great job in the role previously. Lorenz seconded. Passed 5-0. d. Roadrunner Newsletter Committee: Pahle motioned to table the nomination as there are no volunteers for the position. Avila seconded. Passed 5-0. e. Welcome Committee: Pahle motioned to elect Linda Langer as the Welcome Committee chair as she has done a great job in the past. Avila second. Passed 5-0. f. Budget Committee: Pahle motioned to table the election of a chair head until the next board meeting. Avila seconded. Passed 5-0. g. CC&R Rewrite Working Group: Didonato nominated himself. No one seconded. Discussion followed among Board and Owners on need to form new working group or continue with existing members while the CC&R Revision was in progress. Lorenz motioned to continue with existing group but add additional members. Names listed to be in the working group are Gayle Tullis, Jeri Ligon, Erescene Stokes, Duane Brofer, Louis Didonato, Jose Muriente, and Ted Pahle. Pahle motioned for the above listed names to be on the CC&R Rewrite Working Group. Lorenz seconded. Passed 5-0. After the vote was taken Owner Schechter stated he had concerns with DiDonato being on the working group as DiDonato has stated he wanted the CC&Rs and the Association abolished. He found it inconsistent that that a member of the CC&R Working Group had declared not to support the CC&Rs. Pahle replied the POA is a democracy and that everyone has a right to state their opinions. DiDonato agreed that

3 he has stated that he is opposed to the continuation of the CC&Rs in that they give the Association a right to enter Owner s properties, including entering the residence. Pahle and other Directors and Owners in attendance quickly countered that this was an absolute false perception and belief on his part. Director Avila, stated DiDonato's objection was mute because the Revised CC&Rs had removed any of the language ambiguity in the old CC&Rs on this issue and the Revised CC&Rs clearly do not allow the POA or its Committees to enter the private property of any owner. h. Webmaster: Pahle motioned for Dale Chidester to continue as webmaster. Avila seconded. Passed 5-0. An Owner stated some concerns for website security. Pahle stated that anything posted on the website is first approved by the Board or the President depending on urgency to post information. It was reiterated that the PDS POA Website is the official voice of the BOD and the Association. 10. Call to Members. a. Dale Chidester stated that he had concerns with the Board of Directors election. He stated that this year, outer and inner envelopes were in a pile and ballots could potentially be associated with the owner who voted which is in violation of the Rule G election procedures. Mr Chidester did acknowledge that this procedural error was caught very early in the counting and it was immediately corrected but it still showed a lack of understanding of the rules. Mr. Chidester also had a concern with what he perceived as an attempt to keep Mr. DiDonato off of the ballot by challenging the procedure of using an electronic signature in absentia and that legal counsel was sought on this matter. Mr. Chidester also stated that the loyalty oath shouldn t be on the ballots without the prior approval of the BOD. b. Mr. Schechter stated that it wasn t a loyalty oath but a pledge to support the POA. c. Peter Dodge read a statement regarding the CC&R Revision. He stated that the short time left to either approve the CC&R revision or revalidate the existing CC&R is a threat to the continuation of the POA. The current CC&R s expire 12/31/2015 and to have two votes one for CC&R rewrite and one for CC&R revalidation would be too time consuming to complete within the remainder of this year. Mr. Dodge proposed to have the owners vote to revalidate the existing CC&R s which requires only 55% of owners support and that after the New Year and the holiday season passes; we pursue the vote for the CC&R rewrite. **See attached full statement provided by Mr. Dodge. Pahle only commented that he appreciated the Owners'. d. Kim Depew commented on procedures regarding Committees. Ms. Depew asked if Article 9 in the Association Rules is all that guides committees. Pahle stated that yes, this is the only guidance. 11. Treasurer's Report. y a. Pahle presented June 2015 Treasurer s report. **See attached. Motion by Avila to approve Treasurer s report. Seconded by Lorenz. Passed 5-0 b. Pahle presented Executive Summary of the total income and expenditures during FY **See attached. c. Pahle stated that two owners who are current residents haven t paid their previous year s assessments. The other two delinquencies are foreclosed properties. Once the properties are sold, the association will receive the assessments. d. Pahle stated that with this year s assessments which are due by 7/30/2015, approximately 230 owners have paid. On 8/15/2015, late fees will be assessed. e. He advised that Tony Guthrie is the new Treasurer and will henceforth report on the PDS POA's financial matters.

4 12. Secretary's Report. a. Pahle presented the June minutes from the June 8, 2015 Board of Directors meeting which were ed to owners and posted on the website. b. Didonato asked why the Minutes for the Emergency BOD held on May 16th, immediately after the Annual Members Meeting, were not included in these June 8th Minutes. Pahle stated that these were separate meetings and would have to be covered in separate Minutes but that at this time the Emergency Board Meeting Minutes of May 16th had not yet been drafted. Didonato asked why his electronic signature for the nomination was not accepted. It was stated by Pahle that at the Annual Meeting, the deadline for all nominations, DiDonato had not followed the Rule G Election Procedure and submitted 3 different nominations, (1) unsigned, (2) signed by electronic means, and (3) signed by an generated Power of Attorney given to Mr. Chidester. The Election Committee feared that his nomination could be challenged and thus invalidated so they requested guidance from the Board of Directors An Emergency Meeting of the BOD (Avila, Lorenz and Pahle) was held right after the Annual Meeting and the decision made to seek legal guidance to accept or reject the nomination based on the unusual nomination procedures used. There was no attempt to "reject" or prevent his running for the BOD but instead to make sure the nomination procedure(s) taken by DiDonato were acceptable and legal and could not be challenged by any Owner. Pahle added that subsequently the Attorney provided the legal guidance that in spite of not following procedures and rules, his nomination was legal under current trends and decisions of Judges on this matter. Mr DiDonato was added to the BOD Ballot and mailed to all the Owners. c. Several owners discussed going to a meeting regarding the Association s common areas. DiDonato questioned what was stated at that meeting regarding losing the common areas and having to continue paying taxes on these lands if the Association is dissolved. d. Avila motioned to approve the minutes of the June 8, 2015 board meeting. Lorenz second. Passed 4-1 Avila, Lorenz, Muriente, and Pahle voting yes. DiDonato voting no. 13. Committee Reports. a. Election Committee: No report. b. Grounds Committee: (Lorna Sills): Mowing is in progress for fire break and around signs and utility boxes. One bid has been received for mowing. Next mowing scheduled for Nov/Dec timeframe. Pahle suggested a bid response date of 9/1/15 to ensure that bids are received in a timely manner. Avila motioned to set the bid close date as 9/1/15. Pahle seconded. Passed 5-0. County has been called about a blocked drainage ditch which they came to clear. The ditch now has standing water. County will be notified again. c. Website: No report. d. Property Transfer & Welcome Committee: Pahle asked Linda Langer (Chair head) to notify him or Tony Gunthrie (treasurer) if she needs to purchase stamps or cards. Owner Tullis suggested donating cards to Ms. Langer. e. Newsletter Committee: No report. f. ECC Committee: (Bob Gollwitzer): ECC committee has received a few calls but no formal construction requests. Owner Riedel volunteered to help on the ECC committee. DiDonato motioned to appoint Riedel to the ECC committee. Avila seconded. Passed 5-0. g. CC&R Rewrite Working Group: (Gayle Tullis): Ms. Tullis submitted a written report which is summarized: (see attached for full statement). Pahle, Avila, and Tullis met with the POA attorneys at Carpenter & Hazelwood in Tucson to discuss home owner

5 concerns regarding the ECC, Board of Directors, delegation of authority, the desire for an assessment cap and 15 year review. The attorneys deemed that many of the Owner changes did not need legal review. Areas which the attorneys will review are: (1) Clarifying the term member versus owner ; (2) Clarification of role of the Associations versus the role of the Board; (3) Rewrite of paragraph 14.e.6 to include a cap of $100 and explanation of authorized increases; (4) Revision of paragraph 4 to delete the term dissatisfaction and require the ECC to provide the BOD with written rules; (5) Revision of terms to define motor vehicles and clarify how they are to be maintained on the lot; (6) Revision of paragraph 5 to define temporary residences to include visitors in RVs; (7) Revision of paragraph 4 to include an owner s appeal process to the BOD if denied by ECC; (8) Attorneys were asked to expedite the review process in order to present the CC&R rewrite to the owners as soon as possible. 14. Old Business. Pahle stated that all board members and officers have a duty to be knowledgeable on associations and suggested that each board member and officer go to the CAI (Community Associations Institute) website. The Board will discuss purchasing additional memberships to CAI. 15. New Business. Didonato proposed posting the BOD meeting video on the POA website. Avila stated he is opposed due to security concerns. Pahle agreed with the idea of posting the videos but also has concerns regarding lack of security and privacy. Lorenz stated that the website should be secured to only allow owners to view videos and website information. Owner Brooks stated that there are costs involved with streaming video and that the association may incur additional costs for video. An Owner mentioned that this issue had been addressed at previous meetings and most were in agreement that the videos should not be online due to security and privacy. All board members were in agreement that more information should be available to owners on the website but have security concerns. Didonato tabled the discussion until the next BOD meeting and will discuss with Chidester (Webmaster) to see if the website can be password protected for owners only. Meeting was adjourned at 9:20 pm Prepared by: Kelley Muriente Approved: Avila, DiDonato, Lorenz, Muriente, Pahle at the August 10, 2015 BOD meeting