Board of Directors Meeting June 15, :00 PM

Transcription

1 Board of Directors Meeting June 15, :00 PM Board Member(s) Present: Board Member(s) Absent: Also Present: Richard Moore, President Russ Long, Vice President Wayne LeBlang, Treasurer Paula Turner, Secretary David Sari, Director Bob Shipley, Director Ed McGraw, Director Michael Walker, General Manager Kelly McGalliard, Operations Manager CALL TO ORDER The Board of Directors Meeting was called to order by Richard Moore at 2:00 PM in the PGA WEST Residential Association Board Room. MINUTES FOR PREVIOUS MEETINGS Russ Long made a motion to waive the reading of and approve the Board of Directors Minutes of April 20, 2017 and the Executive Session Meeting of April 20, Motion seconded by Wayne LeBlang; passed unanimously. DRAFT 2017 Annual Meeting Minutes No action required none taken. Mr. Moore asked Mr. Walker to facilitate the next part of the meeting. Mr. Walker introduced Bob Pantanella, Director of Security, Jason Jackson, Owner of Southwest Security, Captain Francisco Duran, Senior Security Officer and Mayra Magana, Security Office Day Shift Palmer Gate. Mr. Walker proceeded to read a letter to the PGA WEST Residential Association Board of Directors regarding the discovery on June 8, 2017, by Gate and Patrol Personnel of Mr. Carl Brooks following his suffering a stroke at his home on Riviera. The letter details the first notification at the HOA office from Mrs. Brook s place of residency expressing concern that Mr. Brooks had not been heard from for several days. It goes on to tell of the efficient actions taken by HOA staff as well as by the Gate and Patrol personnel. Fortunately Mr. Brooks was transported and received medical attention that sustained his life long enough for him to share a 1

2 final visit with his daughters and brother. Mr. Brooks, who was a long term PGA WEST Residential Association homeowner, former Board President and friend to many, passed away at his home on June 11, Mr. Walker expressed gratitude and presented a Certificate of Commendation to the following persons: Barbara Van Fleet, Veronica Lua, Mayra Maganya, Dane Lizama and Francisco Duran. OPEN FORUM Homeowners present for the Open Forum included Gavin Schutz, Steve Parker and Frank Koproske. Mr. Schutz inquired about the Association s policy regarding vehicle covers. Mr. Schutz would like to be able to cover his vehicle when parked in front of his residence, on days when the temperature is excessive. Mr. Moore responded that during the Board Meeting one of the agenda items is review of the Combined Community Rules and Regulations. Mr. Moore indicated that he agrees with Mr. Schutz in that the Board should take into consideration special circumstances in which covering a vehicle may be allowed. Mr. Moore stated that there will be more discussion on this topic during the Old Business segment of the Board Meeting. Steve Parker stated that the Association is experiencing problems due to short term rentals. He stated that ten of the thirteen units in his area are short term rentals. Mr. Parker is frustrated that the majority of the short term renters do not comply with the rules. The number of and frequency of renters is problematic. He discussed pet issues, such as dogs not on leashes and owners not cleaning up after their dogs. Mr. Parker noted that often renters are not familiar with the trash rules and schedule; therefore, trash bags and or barrels are left out when they should not be. He indicated that the swimming pool is generally cluttered with pool floats belonging to renters. He inquired about whether or not it would be possible to establish a time frame when the pool would be open only for adult swimming. Kelly McGalliard stated that management can look into the possibility of Adult Swim Time in certain swimming pools. Additionally, Mr. Parker asked if there is a way that the Association can impose a resort fee on the rentals. Clearly Mr. and Mrs. Parker are exasperated with the impact of rentals on the community; their experience is that the short term renters do not respect the Association, its owners and its amenities. Mr. Parker asked if the Association imposes fines for infractions of the Community Rules. Mr. Moore replied that we absolutely impose fines for violations; however, it is the Owner of the unit that is fined, as the Owner is the party that the Association has a means of collection with. Mr. Moore expressed understanding of Mr. and Mrs. Parkers concerns regarding short term renters, but he also advised that the Association s CC&R s specifically do not limit short term rentals. In 2005 when the CC&R s were restated, a group of owners and realtors took the Association to task on the short term rental issue and were able to impose a requirement in the restated CC&R s that leasing provisions require a super majority or 75% vote of the membership to modify. Kelly McGalliard stated that one point that may assist in achieving a 75% vote is that without a 30 day rental restriction the Association does not qualify for FHA Approval; without FHA Approval, there are few if any lenders that will accommodate reverse mortgages; therefore, 2

3 any owners desirous of obtaining a reverse mortgage, or offering it as a selling point may be interested in changing the CC&R s. Mr. Moore stated that Mr. Walker is working with Mr. Pantanella and comprising a list of known rentals in the community. Mr. Parker and Mr. Koproske suggested that the Association begin tracking short term rentals and requiring that Owners that rent their units register their renters names and an Owner contact so that when a situation presents itself, the responsible party can be contacted immediately. Mr. Shipley responded that currently upon entering PGA WEST that identification is made at the gate. The renter is identified and correlated with a unit; therefore, the Owner of that unit is the contact. Mr. Koproske stated that the Board needs to get control of the short term rentals. Mr. Moore reiterated that we can only apply restrictions that are consistent with the law that we currently operate under. Several years ago the Board adopted the same Short Term Rental Rules that the City of La Quinta adheres to; the key is enforcement. Mr. Moore stated that we are attempting to get these rules included with the PGA WEST Combined Community Rules so that Gate and Patrol Services will be obligated to enforce the rules. Mr. Koproske asked how often the pools are inspected for safety issues. Mr. Walker advised that bi-annually the County of Riverside Health Department inspects all the pools and spas and issues fix-it notices for items that are unacceptable. Beyond that, the Association s Pool Service Contractor, Valley Pools visits each pool site every other day and repairs or reports problems. Mr. Koproske stated that in speaking with Bill Bobbitt, Landscape Manager, he learned that the Association cannot accept funding from owners for landscape work performed by the Association. Mr. Moore responded that the Association s auditor informed us that as a nonprofit organization, we cannot resell product, such as plant material. Mr. Moore stated that we will look into seeing if there is a way to have the Association and/or its landscaper perform landscape jobs that the homeowner would pay for directly or as a pass through. This would cause the homeowner to realize the benefit of discounts afforded to the Association. FINANCIAL Wayne LeBlang, Treasurer, provided the Treasurer s Report. Operating Fund Financial Statement as of April 30, 2017 Russ Long made a motion to accept the 04/30/2017 Operating Fund Financial Statement as presented. Seconded by Bob Shipley; passed unanimously. Accounts Receivable Summary as of May 31, 2017 Russ Long made a motion to accept the Accounts Receivable Summary as presented. Seconded by Bob Shipley; passed unanimously. Authorization to Record Delinquent Assessment Lien Parcels , , Russ Long made a motion to authorize recording a delinquent assessment lien for Parcels , , Seconded by Wayne LeBlang; passed unanimously. 3

4 Reconstruction Fund Financial Statement as of April 30, 2017 Russ Long made a motion to accept the 02/28/2017 Reconstruction Fund Financial Statement as presented. Seconded by Bob Shipley; passed unanimously. OLD BUSINESS Board Input PGA WEST Combined Community Rules and Regulations - Mr. Moore explained the process that is in place for the Compliance Committee as well as each of the Residential Association Boards, and the Master Association Board to annually review and propose changes to the PGA WEST Combined Community Rules and Regulations. Once the various suggested changes are compiled, all of the boards must approve the document, and then the Master Association distributes the revised document to the community for thirty day review and comment period, prior to formal adoption. Mr. Moore led a page by page review of the PGA WEST Combined Community Rules and Regulations that were adopted on February 23, He made a number of suggested changes that may go into effect when the Master Association restates their CC&R s; including the Fourth Amendment, which currently defines the makeup and operation of the Compliance Committee. Mr. Moore addressed vehicles being permitted to be parked in the driveway for no longer than fifteen days; Mr. Moore suggested changing the number of days that one may park in the driveway from fifteen days to thirty consecutive days. Further, Mr. Moore expressed support of the Owner who would like for vehicle covers to be permitted when excessive temperatures are in place. Board discussion ensued; Mr. LeBlang does not agree with either suggested change. The majority of the Board is in favor of leaving the rule of no parking in driveways for longer than fifteen days as is. Regarding the vehicle covers, the Board agreed to try to develop language that will allow for vehicle covers when the temperature exceeds a certain level, but it is unknown at this time if the other Associations will agree to this change. Mr. Moore read the draft verbiage for the drone rules. Mr. Long requested that in-line skates be prohibited, due to potential liability. Mr. Moore proposes that each individual Association hear the appeals of their homeowners, rather than the Master Association hearing all appeals. Mr. Shipley supports this position, however, until the Master CC&R s (Fourth Amendment) is changed, this practice would conflict. NEW BUSINESS Cactus Policy Paula Turner and Bill Bobbitt are in the process of developing a book of acceptable plant material. Paula and Bill have prepared a draft Cactus Policy for the Board s review. Essentially, the cactus policy addresses existing cactus in condominiums and in custom homes as well as cactus that was planted with or without permission. There is overall concurrence that the majority do not want PGA WEST to resemble Arizona; therefore, spiny cacti are not consistent with a lush landscape. Richard Moore made a motion to approve the Cactus Policy as presented and to make it effective immediately. Seconded by Wayne LeBlang; passed unanimously. 4

5 Pool Landscape Proposal Paula Turner reported that Carol Nolte and Kathryn Wanshura toured the pool area landscaping at each of the 54 pool/spa areas and made notes as to the condition of each. Paula presented a proposal that was prepared by the Landscaping Committee, which intends to use the $60,000 in landscape reserves to refurbish some of the pool areas. The Committee took a sampling of five pool areas and presented the cost to replace plants and refurbish the five pool areas and compared that price to the cost to landscape the pool areas using desert landscape. The cost to install desert landscaping is significantly more. The Landscaping Committee recommends simply replacing plant material and sprucing up the pool areas. The Committee believes that the $60,000 that is available for landscape renovation is more than enough to accomplish this. Mr. Moore proposed that the Board authorize the Landscape Committee to install drought tolerant landscaping in five pool areas and replace plants and refurbish as needed the other 49 pool areas at a cost not to exceed $100,000 over the course of the coming year. Discussion ensued; Ms. Turner stated she did not understand why we would install the drought tolerant landscape at five pool areas if we are not going to install drought tolerant landscaping throughout the property. Ms. Turner made a motion to refurbish the inside and the curb side of the pool areas, per the Landscape Committee s recommendation. Seconded by Bob Shipley; Wayne LeBlang, Russ Long, Dave Sari and Paula Turner voted in favor of refurbishing the inside and curb side of the pool areas. Richard Moore recused himself from voting because he agrees that the pool area landscaping needs refurbishing, but he believes that drought tolerant landscaping is a better use of Association funds than replacing plant material with plants that are not drought tolerant. Ms. Turner shared photos of the flower planting plan for the 2017 fall season; everyone expressed their approval of the flower selections. Finally Ms. Turner informed the Board that Juanita of Sunshine Landscape Company is training the gardeners on the proper way to trim the drought tolerant plants that are planted in the community. Ms. Turner has provided some photos to Sunshine depicting the correct as well as the incorrect way to prune the plant material. Request for Motion to Modify Disclaimer that Accompanies Homeowners E-Blasts - Wayne LeBlang made a motion to amend the current disclaimer language that accompanies Homeowner e-blasts and replace with the following language: WHAT FOLLOWS IS A MESSAGE FROM A CONCERNED RES I MEMBER. The HOA is forwarding this message per the Homeowner's request. Please note that the board is distributing this message in compliance with Corporations' Code Providing this information is an obligation, not a show of support or opposition to the issues therein. Please direct all replies regarding this message to the owner contact as provided and not back to the HOA Management or the HOA Board of Directors. Seconded by Bob Shipley; passed unanimously. 5

6 Request for Motion E-Blast Protocol Wayne LeBlang made a motion requiring Management to advise any Owner that, upon receipt of their request to make available to all other Association Owners or mailing address for the purpose of said owner sending correspondence, that the Association provides for an alternate method of distribution. The Association will not distribute mailing addresses. However, the Association will accept correspondence from an Owner whose intention is to disseminate information to the Association members, providing the nature of the correspondence is of interest to the entire membership as a whole and that the correspondence provides a form of contact whereby the recipients may communicate with the sender. Management will inform the Homeowner that the correspondence will be sent to all Board Members for review, consideration and approval (or not) within 7 business days. If the majority of the Board is in favor of distributing subject correspondence, then the requesting Owner will be advised that the Association will send the correspondence via , to all Res I Homeowners, at no charge to the Association member. The Owner will be informed that if the Owner desires to mail the correspondence to the Association members that have not opted to receive documents, then the Association will mail the correspondence via US MAIL, at the full expense of the requesting Owner. Discussion ensued; Mr. Moore stated that currently when Management receives a request to e- blast information, they review it with the BOD President and if it is determined that the correspondence is non inflammatory and of a nature that would be of interest to the majority of the community, then it is sent out. Mr. Shipley expressed his opinion that perhaps no Board member should be involved in reviewing Homeowners correspondence requested to be e- blasted, rather the Board should establish acceptable criteria and instruct Management to conduct the review. Bob Shipley moved that Management be exclusively responsible for reviewing material requested to be ed to Owners by another Owner. Neither Mr. LeBlang s motion nor Mr. Shipley s motion was seconded. Russ Long suggested that we leave the process in place as it is; everyone agreed to leave it as is for the immediate future. Discussion Regarding Architectural Review Process Mr. Moore stated that the current Architectural Review Process is being reviewed and possibly revised to make it more user friendly to homeowners. Correspondence Letter CVWD Mike Walker explained that CVWD has advised that they will be changing their rate structure for sewer fees and 60% of businesses will see an increase. The letter states that based upon PGA WEST Residential Association s past usage and invoicing, the Association can expect an increase in sewer charges of up to 100%. No action required; none taken. 6

7 Letter from Homeowner at Riviera The letter outlines a number of complaints regarding Pool 37A, landscaping, blistered paint and the architectural process. Each item was briefly addressed and Management was instructed to send the owner a letter of reply. GENERAL MANAGER S REPORT Mike Walker presented the June 15, 2017 General Manager s Report and briefly discussed utilities, as well as the Maintenance and Landscape reports. No action required; none taken. Wayne LeBlang made a motion to adjourn at 4:30 PM. unanimously. Seconded by Dave Sari; passed Respectfully submitted, Paula Turner, Secretary PGA WEST Residential Association, Inc. Board of Directors An Executive Session was conducted following the meeting to address contracts, legal matters and member discipline. 7