Published Agenda
Greenehaven Property Owner’s Association
PURPOSE: Board of Directors Meeting
LOCATION: 32 North 10th Ave, Page, AZ
Date & Time: Monday January 21, 2008 @ 5:00PM
AGENDA
Item: 1 Call to Order & Roll Call
Item: 2 Public Comments Open Session from Homeowners; Comments are welcome and the Board will take advisement and listen to all comments. The Board will not be able to discuss or comment but may put questions and comments on a future agenda for discussion by the Board. Each speaker either Homeowners or Public will be allotted up to a five minute limit.
Item: 3 Approvals of Minutes of Meeting of December 07, 2007
Item: 4 Old Business
a) Discussion of TC Engineering data
b) CC&R’s discussion
c) Unit 2 CC&R’s discussion
d) Architectural Committee discussion
e) Articles of Incorporation discussion
f) Bylaws discussion
g) Reserve Data Analysis discussion
Item: 5 New Business
a) Election of Board positions
b) House keeping discussions & assignments
c) What’s needed to change number of board members; discussion about procedures to change the maximum number of board members and possible action
d) Set next meeting date
Item: 6 Adjournment
Published Minutes
Greenehaven Property Owner’s Association
PO Box 3952 32 North 10th Ave. Suite 7
Page, AZ 86040
Board of Director’s Meeting January 21, 2008
I. Call to Order
Meeting called to order at 17:02PM at the GPOA office by C. Bixler. Board members in attendance; C. Bixler, C. Biggs, B. Nageli, D. Pillmore, Roy Broughton.
II. Open Session
Audience member asked about TC Engineering Flood Study being on agenda, yes; asked to agendize association budget next meeting, yes; asked to announce meetings, yes; preference by some members to use the Association in town office for all meetings.
III. Approval of Minutes
Postponed pending adjustments till next meeting.
IV. A Motion to Rescind was proffered to temporarily remove K. McDaniel from the list of appointed Board Members appointed during the December 10th 2007 meeting of the Board due to a conflict in the Articles of Incorporation allowing only 5 members. Motion passed, C. Bixler abstains.
V. Old Business
1. Discussion on TC Engineering Flood Mitigation Study. Member D. Pillmore requested a work shop to study the recommendations before the next meeting. C. Biggs proposed a motion for same, D.Pillmore second, Motion passed. Meeting to be set up by mutual consent among Board members. D.Pillmore requested copies of the TC study be made available to all Board members. Request by verbal consent approved. Discussion on TC Study to be presented to Membership at next meeting of the Board ensued and was verbally agreed to. A question from the floor was presented as to who was responsible for the overflow waters emitting from the Patio Homes area on to the drainage tract below their retaining wall. A short discussion commenced. A request was made to set up a work shop for the Board members to study the flooding data package. A motion for same was offered by C. Biggs, second D. Pillmore, motion passed with C. Bixler abstains.
VI. CCRs and Unit 2 Vote and CCR Changes
A discussion commenced about CCR enforcement and the Unit 2 vote for CCR changes in that unit. C. Biggs advised the Board of the AZ State regulations (ARS 33-511, etc) that governed the Unit 2 vote and that the vote did not conform to law and that was why the previous Board declined to validate the vote. Discussion evolved into the need to change any CCRs and a verbal commentary ensued on just Health and Safety issues could be considered. Commentary on how to change the CCRs was given to the Board that due to the way the Master Declaration and the Articles of Incorporation are written at this time the only way available to change any CCRs is either to have the Declarant suspend his Class B rights for that specific need and allow a Class A election to take place or the Declarant can exercise his Class B vote and change them unilaterally. No formal decision was made as to the need for any changes at this time.
Information was brought to the Board’s attention as to the current state of active CCR violation notices. As there are several in-processes at this time there is a need to continue with their prosecution in a timely manner. This item is agenized for the next meeting.
A discussion ensued as to the Unit 2 Square footage requirement for building. Information as to the finding by the last board that for many years an incorrect requirement had been distributed to purchasers noting that no smaller than. 2000 sq ft. house could be constructed in that Unit. The finding that the documents on file at the County Recorder’s Office showed a minimum of 1400 sq ft was the official size requirement. Commentary about the Declarant looking at changing the recording to reflect what has been passed out for many years ensued and the Declarant’s representative, C. Bixler said they were considering doing such. Member C. Biggs informed the Board that the two court cases regarding CCR enforcement have been settled to the GPOA benefit. The one case that has a financial penalty attached to it is still pending Board action and will be reviewed before the next meeting.
C. Bixler suggested that the Board, as individuals, canvas the association to try to find members to help on several committees (ARC, etc) and bring their findings to the next Board meeting.
VII. Changes to the Articles of Incorporation
C. Bixler asked about the need to increase the maximum number of Board Members to 8 so as to make it possibly easier to get a quorum and add greater participation to the Board functions. It was noted that if an increase to 8 was done the quorum would most likely be 5 instead of the 3 now required. Commentary was made as to the possibility of finding persons so inclined. Commentary was offered that the Declarant has the lawful ability to change the Articles of Incorporation to allow 8 members if needed. No formal decision was made at this time. On the agenda for next meeting. C. Bixler also stated to the Board that he would hold the position of President of the Association but that he would only vote in association matters if there was a tie in the voting on any issue.
VIII. Reserve Study Analysis
Discussion on the Reserve Study Analysis commenced and information about the need for road work in the Association grounds was offered. Commentary about the fund balance for this part of the Reserve Funds was offered. Amount in the fund is essentially zero (0). Discussion ensued as to what work was actually needed in the near future and what could be put off until more funds were available. It was decided by voice vote to have C. Bixler get ball park figures on only the most needed repairs and bring that information to the next meeting.
IX. New Business
1. Election of Board Office holders
The offices of Vice-president, Treasurer are open and Roy Broughton made a motion to elect B. Nageli Treasurer, second by D. Pillmore, motion carried with C. Bixler abstains. Roy Broughton volunteered for VP , C.Biggs motioned same, D. Pillmore second, Motion carried with C. Bixler abstains.
2. Next Meeting Date
The next meeting date was discussed and set for Monday, February 18,2008 at 5 PM in the Association office in town.
Adjournment
The meeting was adjourned at 19:05 PM by C. Bixler, President.
Meeting Notes
[notes provided by Lisa Everett]
1 Roll Call: Carl Bixler, Cliff Biggs, Brent Nageli, Donn Pillmore, Roy Boughton
2 Public Comments: Lisa asked for a budget to be prepared for this fiscal year; that meetings be set in advance with notice given to homeowners. Another issue raised was timely payment of bills – Carl says we are now completely current with the exception of the mail they picked up on Monday.
3 Minutes approved. Apparently this meeting was about raising the annual assessments and also adding a special assessment, but the public was not made aware of this meeting. It was raised by the audience that the Board, according to our By-laws, had to notify the homeowners by Dec 10 of the dues and assessment. The Board said they were not aware of that and would investigate.
4a TC engineering study discussion: This board has not yet seen the TC engineering study and will be setting up a workshop prior to the next board meeting to review and decide next steps.
4b CC&R enforcement discussion: Cliff acknowledged that the Board will have to enforce CC&Rs, both the existing violations sent out by the prior board as well as respond to new complaints received from homeowners. There was no timeframe given as to when this will start or how long the board has to respond to complaints. They did acknowledge that this is a time consuming process and they don’t have the bandwidth to tackle everything at once.
4c Unit II CC&R changes discussion: There was discussion about the Unit II vote not being legal and that they will have to enforce the CC&Rs as they exist today. Then it came up that the Declarant can change any CC&Rs at will, including Unit II CC&Rs – does not need a vote from the homeowners in Unit II. The change Carl was referring to specifically was around the minimum square footage and the discrepancy between the 2 versions. The Declarant is supposed to record a version that says 2000 sq ft minimum in Unit II. The Board is hoping that a group of people will volunteer to look at changes that are wanted or needed to the CC&R’s going forward.
4e Articles of Incorporation: According to the Articles of Incorporation and our Master CC&R’s only the Declarant (Mr Bowman) can make changes to any of our documents like the CC&R’s. He is the ONLY declarant.
4g Reserve Data Analysis discussion: This Board has not yet had the time to review the study that was completed by the prior Board back in Nov. 2007. Carl mentioned the roads that Greenehaven Development are building, how the inspectors are out here 5 days a week making him do things that he knows will not work and how they intend to ‘fix’ the issues after the county has signed off. Carl will be talking to the company that they use for roadwork to get some estimates and opinions about what needs to be done where and what the cost would be. He is supposed to be doing that in time to have answers at the next Board meeting.
5a Election of Board positions: Brent Nageli is the Treasurer, Cliff Biggs is Secretary, Carl Bixler is President, Roy Boughton is Vice-president.
5c Changing number of Board members: Any changes to the number of people on the Board must be done by the declarant – cannot be done by the board.
5d Next meeting: Monday, February 18 at 5pm in the office.
Meeting adjourned 7pm.
