DATE: 18 April 2001
Location: Burnell: 22884 S. 194th Street, Queen Creek, AZ
Call to Order: 7:00PM George Renner
Introduce Members
Establish Quorum (6 eligible voters)
____6____Lot Owner?’s were present. __5_Board members eligible to vote
Motion to suspend order of meeting to cover Landscape contract first.
Motion: Marjorie
Second: Florence
Vote: George/Flo/Brad/Karen/Marjorie: accepted unanimously
Landscape Contract:
Discussion:Marcus has not tendered bid. Ed did not bid. Brad?’s contact declined. We have no contract. Board directed George to select new bid and sign contract. To be reviewed at next meeting.
Motion: George: Table until contract negotiated: Board?’s verbal agreement will be sought on contract when negotiated. The contract will be reviewed at next meeting.
Second: Marjorie
Vote: George/Flo/Brad/Karen/Marjorie: accepted unanimously
Minutes of last meeting:
Motion by Florence to accept as written.
Second: George
Vote: George/Flo/Brad/Karen/Marjorie accepted unanimously (Brad excused to other Board business at Town of Queen Creek, he will be noted as AB (Abstain) One member of Board shall (AB) abstain at each vote to keep the vote odd numbered.
Treasurer?’s Report:
$__2227.00__ in account.
_$2607.00_ in arrears, 26 not paid yet this quarter, 9 in excess of $100.00 arrears.
Motion by Marjorie to accept report.
Second by: Florence
Vote: George (AB)/Flo/Brad(AB)/Karen/Marjorie: accepted unanimously
Correspondence:
Scott Carpenter, Attorney.
David L. Weed, Attorney
Discussion:
Motion to table until someone can visit or obtain more information, George.
Second: Karen
Vote: George/Flo/Brad(AB)/Karen/Marjorie(AB) Tabled, unanimously
Mr. Jury re: plants along 196th Street. Via FAX, mr. jury indicated that plants would be replaced. John Kross of Town of Queen Creek approved delay. However plant were placed at Sossaman not 196th. They want $200.00 for cost of extra plants, they will absorb labor and replace plants on 196th. We are planning a work party to pull weeds and check sprinkler system. Leroy Nunn will look for key to sprinkler system. We are requesting a bill that verifies the number and size of plants replaced.
Motion: by Karen; Board to seek verification from Mr. Jury regarding plants.
Second Florence
Vote: George (AB)/Flo/Brad(AB)/Karen/Marjorie: Accepted unanimously.
Resolutions:
Since ?“Turnover?” on Dec 1, 1999, the Board has operated on ?“motions?”. To comply with proper procedure several of these motions need to be in the format of Resolutions. There are four identifed catagories:
Policy: which affects all owners.
Administration: the procedures and policies followed by the Board.
General: Bids, Contracts, hiring and firing of vendors.
Special: Affecting only one Lot or group of Lots.
Unless there is discussion we will vote to accept these as a block. To discuss one or more, they may be removed by a motion for individual discussion.
Administration:
1- Officer Changes ?– changed names of officer for 2000
2. Opening Bank Account ?– Opened Bank account for HOA
3. Renting P.O. Box ?– Rented P.O. for HOA
4. Insurance ?– Renewed liability insurance for HOA
5. Budget 2000 ?– Provides for budget 2000
6. Budget 2001 ?– Provides for budget 2001
7. Statutory Agent ?– Provides for change in Statutory Agent
8. 2001 Officers = changed officer for 2001
4. Policy:
1. Board, Officer and Number ?– Provides that Board and Officer are one and the same, and increases Board to five members.
2. Dropping Employed CPA ?– Provides for CPA service from Board Member rather than CPA.
3. Late Fees for HOA Dues ?– Provides for charging a late fee for fees in arrears.
General:
1. Landscape Contract 2000-2001 ?– Landscape contract already expired
2. Architectural Log Request ?– Log requested from Mr. John Stocker
3. Architectural Committee ?– Provides for new Committee, with names.
Special:
1. Weed Notice Aug 31, 2000
2. Weed Notice March 15, 2001
Administration Resolution 1 --- Officers Changed
Date: Dec 1, 1999
Whereas Article VIII provides for the names and addresses of the currently serving members of the Board and its Officers to be filed with the Arizona State Corporation Commission.
Whereas the officers of the Board have changed as of Dec 1, 1999.
Be it Resolved that the new officers are:
Leroy Nunn, President; Craig Stewart, Vice-President; Karen Winter, Treasurer; Marjorie Burnell Secretary; and George Renner Member-at-large and that this is filed with the Arizona State Corporation Commission.
Administration Resolution 2 --- Opening Bank Account
Whereas Article 3.9.1 enables the Board to open and maintain a bank account for the HOA.
Whereas, the account is needed to receive HOA dues and fees and pay bills incurred by the Association.
Be it resolved that an account with Wells fargo Bank, located 2075 N. Alma School Rd. Chandler, Az 85224 is being opened. There will be two of three signatures required to issue a check: the President, Vice-President and Treasurer.
Administration Resolution 3 --- Renting P.O. Box
Dec 1, 1999
Whereas Article III of the Articles of Incorporation requires the address of the Principal Office.
Whereas the Board has need of an address for correspondence to and from the board and members.
Be it resolved that the Board will rent a U.S. Postal Box, 1712 at Queen Creek, Arizona 85242 at the current set fees.
Administration Resolution 4 --- Insurance
Dec 1, 1999
Whereas Article 3.9.16 enables the Board to procure and maintain adequate property, liability and other insurance as required by the Declaration.
Whereas this insurance is required by law.
Be it resolved that we will continue with the existing one year contract for insurance with Acordia of Arizona which currently covers the period from Oct 25, 99 ?– 2000
Administration Resolution 5 --- Budget 2000
Date 1 Dec 1999
Whereas Article 3.9.6 requires the HOA to Prepare and adopt a budget for each fiscal year.
Whereas this budget was prepared by the Declarant prior to ?‘turnover?’ to the self-governed HOA.
Therefore be it resolved that the budget was accepted. A copy is filed with the Treasurer.
Administration Resolution 6 --- Budget 2001
Date 6 Dec 2000
Whereas Article 3.9.6 requires the HOA to Prepare and adopt a budget for each fiscal year.
Whereas this budget was prepared by the Treasurer of the HOA.
Therefore be it resolved that the budget was accepted. A copy is filed with the Treasurer.
Administration Resolution 7 --- Statutory Agent
Date 6 Dec, 2000
Whereas Article IV provides for a Statutory Agent.
Whereas the previous Statutory Agent Mr. Bill Jury resigned.
Be it Resolved that Mr. Tim Bryant residing at 22849 S. 195th St. ; Queen Creek, AZ 85242 has agreed to become the Statutory Agent for Queen Creek Ranchettes III, using the HOA P.O. 1712 as his address.
Administration Resolution 8 --- 2001 Officers
Date: 6 Dec 2000
Whereas Article 3.2 provides for the Term of Office.
Whereas the term has expired.
Be it resolved that the following people were elected at the annual meeting to serve in these positions for the term of one year.
George Renner, president
Florence Lehman, vice-president
Brad Actipis, Member-at-Large (Architectural Committee)
Karen Winter, Treasurer
Marjorie Burnell, Secretary
Policy Resolution 1 --- Board, Officers & Number
Date: 1 Dec. 1999
Whereas Article 3.1 of the By-laws of Queen Creek Ranchettes III Homeowner?’s Association provides that the Board of Directors be a minimum of three persons and Article 3.2 that they serve an elected term of one (1) year. Whereas Article 4.1 provides that for at least four Officers of the Association which shall be elected annually Article 4.3 to serve one (1) year Article 4.3.
Whereas the members of the association have decided that these two functions will be combined as the association consists of only 59 members and as members may be both on the Board and an Officer. Article 4.1.
Be it Resolved that hereafter the Board will be increased to five (5) to maintain an uneven vote and the term ?‘Board?’ shall be used to describe the Officers of the Association to consist of a President, Vice-President, Treasurer, Secretary, and a member-at-large designated to work with the Architectural Committee.
Policy Resolution 2 --- Dropping employed CPA
Dec 1, 1999
Whereas Article 3.9.11 provides that the Board may dismiss an employee in this case a CPA acting as the Treasurer.
Whereas the Board has a member willing and capable of handling the Treasurer?’s position.
Be it Resolved that the Board will utilize the volunteer services of a member currently elected to be Treasurer, namely Karen Winters.
Policy Resolution 3 --- Late fees for HOA dues
Date: 23 Aug 2000
Whereas Article 6.10 of the CC&R?’s provides for establishing a late fee to be charged to any Owner who has not paid any Assessment, or any installment of an Assessment within five (5) days after such payment is due.
Whereas several Owners are in arrears in their HOA dues and Assessments.
Be it resolved that a $25.00 late fee will be charged per quarter in which such Assessments are late. This resolution will go into effect January 1, 2001. All members will be notified of this in the minutes and additional notices as necessary.
General Resolution 1 --- Landscape contract 2000-2001
Date March 2000
Whereas Article 3.9.4 of the Bylaws enables the Board to hire personnel to maintain the common area of Queen Creek Ranchettes III.
Whereas the areas need to be maintained by a landscape contractor.
Be it Resolved that Queen Creek Ranchettes III enter into a contract for one year, expiring Mar 8, 2001 with San Tan Lawn Service, LLC. 17736 E. Brooks Farms Rd. Higley, 85236.
General Resolution 2 --- Architectural Log Request
Date: 23 August, 2000
Whereas Article 5.7 of the Bylaws requires that a written log of all actions taken by the Architectural Committee be kept.
Whereas the Board has had some unpleasant experiences with our Architectural Committee. Owners are either not receiving reviews in a timely manner or no reviews at all.
Be it resolved the board is requesting a Log from Mr. John Stocker, architect, showing what has been submitted, when it was submitted and what action was taken for each existing house, or ones currently under construction.
General Resolution 3 --- New Architectural committee
Date: Dec 6, 2000
Whereas Article 5.1 provides for the appointment of members of the Architectural Committee.
Whereas the current architectural committee consists of one person, Mr. John Stocker, who is not doing the job.
Be it resolved that Mr. Stocker shall be released from the Architectural Committee and Brad Actipis (Board Member-at-Large) Kenn Burnell, John Oliver, George Renner (President) and Mr. Michael Shontell, architect will serve as our Architectural Committee.
Special Resolution 1 --- Weed Notice Aug 31, 2000
Date: 23 August 2000
Whereas Article 7.2 Maintenance of Lots provides that Owners shall be responsible for maintaining Lots in a weed free manner.
Whereas several unimproved lots have weeds which are of excessive height.
Be it resolved that the Board is giving notice to these several Lot Owners that if the weeds shall not be removed by August 31, 2000 that their names and addresses shall be turned over to the Town of Queen Creek for further attention.
Copies of all resolutions to date will be sent to all members in May.
Motion: To accept all resolutions in correct format: George
Second: Karen
Vote: George/Flo/Brad(AB)/Karen/Marjorie(AB): accepted unanimously.
Correspondence Procedure
Administration Resolution 9 --- Correspondence Procedure
Whereas Article 3.9 of the Bylaws provides that the Board shall have all powers and duties necessary for the administration of the affairs of the Association.
Whereas the members of the Board would like to see and approve all correspondence sent on behalf of the Board.
Be it resolved that all correspondence from the Board shall be sent via e-mail or written form to each member of the Board. Board members must approve the correspondence prior to its being sent. E-mail or phone acceptance should be received by the Secretary within 24 hours from the time of an e-mail or two days of mailing or hand delivery of the proposed correspondence. Non-response shall be taken as acceptance as is.
Motion: Marjorie to accept Resolution
Second: Florence
Vote: George/Flo/Brad(AB)/Karen/Marjorie(AB): accepted unanimously.
Water Retention:
Policy Resolution 4 --- Water Retention Enforcement
Whereas Article 3.20 ?“drainage?” provides for appropriate drainage within the Project ?“Queen Creek Ranchettes III?”.
Whereas ?“water retention?”, that is, the retention of a specified amount of water from storms being able to be held and absorbed by the lot in a given time period [this amount varies by size and position of the Lot] is required by the Town of Queen Creek.
Be it resolved that the Queen Creek Homeowners Association requires that all plans submitted for building approval to the Architectural Committee have a drainage plan prepared by either a licensed civil engineer qualified in water retention, or approval by the appropriate department at the Town of Queen Creek. This retention shall not be changed except that the same procedure be followed again. Homeowners are required to maintain their appropriate ?“water retention?” at all times.
Motion: George to accept resolution.
Second: Karen
Vote: George/Flo/Brad(AB)/Karen/Marjorie(AB) accepted unanimously.
Architectural Issues:
Policy Resolution 5 --- Architectural Enforcement
Whereas Article 3.1.2 provides that no Improvement which would be Visible from Neighboring Property (Article 1.43) shall be constructed or installed on any Lot (Article 1.26) without the prior written approval of the Architectural Committee (Bylaws Article 5).
Whereas there has been and continues to be disregard for this procedure.
Be it resolved that a ?“Stop Work Order?” shall be placed upon any further such activities.
Motion: To defeat.
Second: Marjorie
Vote: George/Flo/Brad(AB)/Karen/Marjorie(AB): Defeated unanimously
Speeders: Report from George and/or Ed : Tabled for future action, no vote.
Tabled items:
Landscape at 196th Street Removal of a plant that is between the light and the QCRIII sign. Notice given to Board that Town of Queen Creek provided notices for weeds, we mailed to lot owners with unimproved lots.
Landscape at Sossaman New plants were installed and the board received notice that they should be watered by hand for five days. Note taken.
Architectural Committee:
1. Weed notice from Queen Creek to be forwarded to Owners of undeveloped lots.
2. Letters to Homeowners to be reviewed by Board before mailing.
Open Discussion:
CC&R letter The Board discussed developing a CC&R letter to let people know what the essential Covenants, Conditions and Restrictions apply to building within the development.
Weed Control The Architectural Committee is working with unimproved lot owners to keep weeds undr control.
Horses off Equestrian Trail: There has been reports of horse riders using street instead of horse trail. The riders were very snotty when told that they should use trails. Horse have ?‘right-of-way?’ we are not sure that we can do anything at this point.
For Sale Signs: There are several ?“For Sale?” signs, none have gone through the Architectural Committee as they are required to do. We were reminded that current owners are responsible for Dues and other assessments unless the Board is notified of the new owners name, phone and address. By Arizona State law this is supposed to happen within 10 days of closing.
CC&R Copies: Board discussed the requirement of signing that owners receive a copy of CC&R?’s and By-Laws and Articles of Incporporation. Currently this id done by the owner at closing. However, the Board would like to have a copy of this document for each home.
Neighborhood Picnic: We would like to have some volunteers to organize a Neighborhood Picnic.
Next Meeting: Tuesday, 15 April?….NOTE NEW DAY.
Adjourned
Motion: Marjorie
Second: George
Vote: George(AB)/Flo/Brad(AB)/Karen/Marjorie accepted unanimously.