TKPOA ELECTION RULES, VOTING PROCEDURES, AND DIRECTOR QUALIFICATIONS PG. 19 ICE SAFETY
PG. 14
TKPOA RULES AND THE RULES CHANGE PROCESS PG. 4
356 Ala Wai Boulevard South Lake Tahoe, CA 96150
Tahoe Keys Property Owners Association
PRSRT STD U.S. POSTAGE PAID RENO, NV PERMIT NO. 200
FEBRUARY 2020
Tahoe Key s P r oper ty Owner s Ass oc iation
Tahoe Keys Specialists 2019 #1 in Sales for Tahoe Keys
Working Together for You. ADELE LUCAS
CHRIS HERNANDEZ
BROOKE HERNANDEZ
530.545.0888 | 866.541.2200
530.318.6946 | 775.588.6130
530.314.9766 | 775.588.6130
AdeleLucas.com NV# 0029180 CA# 00838770
RealTahoeEstates.com NV# 145419 CA# 01477359
RealTahoeEstates.com NV# S.0071297 CA# 01477800
Here is your Tahoe Keys year in review, 2018 vs 2019: Single Family
2018
2019
Townhouses
2018
2019
SOLDS:
55
52
SOLDS:
22
21
AVG. SOLD PRICE:
$987,329 $1,108,669 ($425/sq. ft.) ($464/sq. ft.)
AVG. SOLD PRICE:
$444,745 $555,190 ($372/sq. ft.) ($407/sq. ft.)
132 % OF ASKING PRICE: 95%
125 96%
SOLD DOM:
104 % OF ASKING PRICE: 98%
115 96%
SOLD DOM:
SOLD
SOLD
SOLD
PROPERTIES THAT WE’VE RECENTLY SOLD: 443 Christie | $1,025,000
SOLD
2042 Aloha | $940,000
SOLD
SOLD
26 Lighthouse Shores | $5,300,000
Keys Breeze
1887 Venice | $886,000
|
SOLD
392 Wedeln Court | $2,300,000
FEBRUARY 2020
458 Lido | $925,000
|
2
276 Beach | $2,400,000
Low inventory and high demand...
It’s time to list! A FEW OF OUR CURRENT LISTINGS:
Could the views be any better from this Tahoe Keys lakefront? Plus sandy beach and two boat slips! $4,500,000
Rare lakefront work of art with handcrafted furniture and stairway, sandy beach and boat dock. $5,595,000
Unique buildable Tahoe Keys lot fronting Lake Tallac. $339,000
Tahoe Keys living at an affordable price defines this cozy townhouse with a boat slip. $235,000
Make us your choice.
TKPOA Rules and the Rule Change Process By Kirk Wooldridge, TKPOA General Manager LIKE MANY COMMUNITY ASSOCIATIONS, the Tahoe Keys Property Owners
TKPOA Rules and the Rule Change Process 4 Improving the Lives of People with Cancer 6 Board Actions Summary
8
TKPOA Calendar
9
Tahoe Wildlife – American Black Bear 10 Where in the Universe
11
Ice Safety
14
TKPOA By the Numbers 16 Employee of the Quarter
15
TKPOA Election Rules, Voting Procedures and Director Qualifications
19
TKPOA's Member ID Card and Recreational Pass Policy
25
Architectural Control Application Submittal Process 26 Accounting Report
PUBLISHING DISCLOSURE NOTICE The Keys Breeze is the official monthly publication of the Tahoe Keys Property Owners Association (TKPOA), which is located at 356 Ala Wai Blvd., South Lake Tahoe, CA 96150. Each membership parcel receives one subscription to Keys Breeze mailed to a domestic address. Cost to produce and distribute this publication is offset by advertising revenues and budgeted funds. The inclusion of advertising in this publication does not constitute an endorsement or recommendation by the Tahoe Keys Property Owners Association or its Board of Directors of the projects, services or views contained therein. FOR ADVERTISING OPPORTUNITIES please contact Kathy Hess-Slocum at Just Imagine Marketing and Design at (775) 846-5656, kathy@justimaginemktg.com.
Printed on recycled paper with soy-based inks.
CONTINUED ON PAGE 22
27
Board of Directors, Committees and Meetings 28
COVER PHOTO: Ian Hernandez
Association (TKPOA) has a set of written “Governing Documents” which includes our Articles of Incorporation, BYLAWS, Declaration of Covenants, Conditions, and Restrictions (CC&R’s), Architectural Control Rules (ACR) and ...ANY PROPERTY OWNER Operating Rules. CAN PROPOSE AN ACR OR As mentioned above in addition to our BYLAWS and CC&R’s, the TKPOA also OPERATING “RULE CHANGE” operates under the Architectural Control OR CHANGE TO THE BYLAWS Rules (ACR) and Association Operating Rules. These rules like the BYLAWS and AND CC&R’S AND THERE CC&Rs have even more of a “day to IS A PROCESS FOR THESE day” or individual effect on our property owners, and with that said tend to change PROPOSED RULE CHANGES. more with the “times”, current usage of amenities, and changes in building products. So it is important to realize that any property owner can propose an ACR or Operating “rule change” or change to the BYLAWS and CC&R’s and there is a process for these proposed rule changes. The Architectural Control Rules (ACR) is the “design standards” for properties in the TKPOA. Some TKPOA property owners mistakenly believe these standards restrict their individual expression; actually they provide a framework within which each property owner can express individual tastes
The Keys Breeze Magazine IS THE OFFICIAL PUBLICATION OF THE TAHOE KEYS PROPERTY OWNERS ASSOCIATION
356 Ala Wai Boulevard South Lake Tahoe, CA 96150 (530) 542-6444 p (530) 541-2521 f tkpoa.com ADMINISTRATIVE OFFICE HOURS
8:30 a.m. to 4:30 p.m. Daily TAHOE KEYS PROPERTY OWNERS ASSOCIATION
Kirk J. Wooldridge
General Manager, Ext. 224
Heather Blumenthal
Operations Manager, Ext. 228
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Angela LaTella
Administrative Assistant, Ext. 223
Don Havard
Daniel Larson
Water Company and Water Quality Manager (530) 542-6451
Accounting Manager, Ext. 227
Front Desk Attendant Dial 0
Linda Callahan
2019–2020 BOARD OF DIRECTORS
Architectural Control Dept. Manager, Ext. 239
Joe Sherry, PRESIDENT
Tom Callahan
Jim Siegfried, TREASURER
Facilities Manager, Ext. 226
James Brooks
Robert Meyers, VICE PRESIDENT Sean Ward, SECRETARY
Project Coordinator/ Property Manager, Ext. 241
Dennis Daniel, DIRECTOR
Bill Spicer
Melvin Meyers, DIRECTOR
Pool Supervisor (530) 545-4124
Security (530) 545-0847
FEBRUARY 2020
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4
Michael Keller, DIRECTOR
PROVIDING UROLOGIC CARE FOR EVERY AGE
Brian Steixner, MD, with Barton Urology provides care for urological conditions in men, women and children. • Kidney stones
• Female Incontinence
• Vasectomies
• Erectile Dysfunction
• Vasectomy Reversals
• Pediatric Urology
• Low Testosterone
• Prostate Disorders
• Frequent or Urgent Urination
• Urological Cancers
2169 South Ave. South Lake Tahoe, CA Monday-Thursday 8:00am-5:00pm
530.543.5400 bartonhealth.org/urology
Urology
Improving the Lives
Cancer Support Services through Barton Health provide care, education, and support
OF PEOPLE WITH CANCER
Help improve the lives of those with cancer at Pink Heavenly, March 21. The slopeside party and fundraising event at Heavenly Mountain Resort is similar to a cancer walk, where individuals can start or join a team and ask friends and family to make a donation on their behalf. All proceeds benefit Cancer Support Services though Barton Health. Registration and more details are available at pinkheavenly.com
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FEBRUARY 2020
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A CANCER DIAGNOSIS can be overwhelming to patients and
their families. While cancer is a life-changing diagnosis, wellness and support services can help patients cope with their diagnosis and symptoms. Studies show that cancer patients participating in wellness-based programs have a higher quality of life and experience more energy and less depression. Barton’s Cancer Support Services provide local access to supportive care options that address both the physical and emotional needs of patients and their loved ones. A variety of programs and services are available:
Coordinated, expert care:
Acupuncture—Helps alleviate symptoms and conditions associated with cancer and cancer treatments. Barton now offers Community Acupuncture sessions. Lymphatic Massage—Gently stimulates the lymphatic system to reduce swelling and promote immunity and healing. Nutritional Education—Improves quality of life and reduces treatment recovery times with nutrition counseling and guidance from registered dietitians. Health Coaching—Whole-body approach that promotes well-being and supports cancer patients throughout their journey. Palliative Care—Improves the quality of life of individuals and families experiencing life-threatening illnesses through symptom management.
Classes to boost quality of life:
Mindful Healing—Addresses and decreases stress with techniques to promote healing, decrease stress and help manage chronic pain and illness. Exercise for Energy—Guided exercise with a physical therapist for strengthening, stretching, breathing, balance, cardio, and wellness education. Yoga, Relaxation and Meditation–Yoga can create a sense of well-being, provide relaxation, and has been shown to alleviate some symptoms associated with cancer while improving energy.
Support for patients and families:
Women’s Cancer Support Group—Providing a safe, confidential environment where women with cancer, or a history of cancer, can meet others and address their challenges. Financial Support—Barton Foundation dedicates funds to support cancer patients in our community so they can best optimize their recovery while minimizing financial burden. Through care, education, and support, Barton Health’s Cancer Support Services are here to help elevate the physical and mental well-being of people affected by cancer, from diagnosis to survivorship. To learn more, visit bartonhealth.org/cancersupportservices.
Janet Goodall, PA, FNP, is an Oncology, Occupational Health, and Urgent Care specialist with Barton Health.
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77
2020
BOARD ACTIONS SUMMARY By Angela LaTella, Administrative Assistant
JANUARY 18TH – EXECUTIVE SESSION BOARD ACTIONS • Reviewed five personnel matters. • Reviewed four disciplinary matters, including one hearing for delinquent account. • Reviewed 14 legal matters including ongoing issues with the Tahoe Keys Marina and Yacht Club (TKM&YC). • Reviewed eight contracts, no new contracts were approved.
JANUARY 18TH – BOARD OF DIRECTORS MEETING BOARD ACTIONS • Approved the appointment of Michael Keller to the TKPOA Board Director Vacant Position. • Approved the Tahoe Marina Shores (TMS) Revised 2020 Quarterly Assessment based on the results of the TMS Membership vote. • Approved changing the 2020 Water Quality Revised Special Assessment – “Second Payment” – Membership Vote Ballot count time on February 15th, 2020 from 4:30 p.m. to 2:00 p.m. • Approved the Reserve Expenditure Request (RER) for Well #2 Chorine System Controls Replacement – Water Company. • Approved the Reserve Expenditure Request (RER) for Utility/Snowplow Vehicle Replacement – Water Company. • Approved Eastern Sierra Engineering for $9,600 to perform engineering drawings/plans, specifications, and conditions for the Water Laterals Replacement Project Engineering Tahoe Keys 5 Phase 2 of 8. • Approved a contract with Gilbert and Associates to perform the 2019 Annual Financial Audit. • Approved the Cove 3C Special Assessment Membership Vote Ballot for Cove 3C Bulkhead Replacement Project. • Approved the Appointment of Robert Cliff and Stephen Kaplan to the El Dorado Community Foundation (EDCF) 501 (c) 3 Committee. • Approved Appointment of Joy Curry Norem, Carolyn Meiers, Bob Henderson, Ken Silveira, and Michele Turner to the Tahoe Keys Boulevard Median Project Subcommittee. • Appointed Pat Disney as the Inspector of Elections for the Resolution #2019-0087 2020 Special Assessment Membership Vote.
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TKPOA CALENDAR FOR FEBRUARY 2020 AND BEYOND February 2020
11 12 15 15 18 25
ACC Meeting 9:00 a.m. Town Hall Forum 6:00 p.m. Board of Directors Exec. Session 8:00 a.m. Board of Directors Regular Mtg. 2:00 p.m. Finance Committee Meeting 10:00 a.m. Water Quality Committee TBD Waterways Usage Committee TBD Tahoe Keys Boulevard Median Project Committee Meeting 3:00 p.m.
March 2020
10 21 21 24
April 2020
14 18 18 21
ACC Meeting 9:00 a.m. Board of Directors Exec. Session 8:00 a.m. Board of Directors Regular Mtg. 2:00 p.m. Finance Committee Meeting 10:00 a.m. Town Hall Forum TBD Water Quality Committee TBD Waterways Usage Committee TBD
NOTE: All meetings will be held at the TKPOA Pavilion, 356 Ala Wai Blvd., South Lake Tahoe unless otherwise noted.
ACC Meeting 9:00 a.m. Board of Directors Exec. Session 8:00 a.m. Board of Directors Regular Mtg. 2:00 p.m. Finance Committee Meeting 10:00 a.m. Town Hall Forum TBD Water Quality Committee TBD Waterways Usage Committee TBD
2020 ARCHITECTURAL CONTROL COMMITTEE MEETING SCHEDULE JANUARY 14
FEBRUARY 11
MARCH 10
APRIL 14 & 28
MAY 12 & 26
JUNE 16 & 30
JULY 14 & 28
AUGUST 11 & 25
SEPTEMBER 15 & 29
OCTOBER 13
NOVEMBER 10
DECEMBER 8
IMPORTANT! ACC Meetings have been moved from Mondays to Tuesdays for 2020. All meetings are held at the Pavilion and begin at 9:00 a.m. unless otherwise posted. ACC application submittals are due by Wednesday prior to the meeting date. For more information please contact Linda Callahan, ACD Manager, at (530) 542-6444 ext. 239, or lcallahan@tahoekeyspoa.org.
Custom Boat Docks
Shoreline General Engineering Inc. Docks Ramps Pile Driving Platforms
Piers Fencing Welding Custom Railings
530.545.3188
CA LIC # 692692
www.docksndeckslaketahoe.com Keys Breeze
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FEBRUARY 2020
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9
TAHOE WILDLIFE – AMERICAN BLACK BEAR By TKPOA Security URSUS AMERICANUS: THE AMERICAN BLACK BEAR. The
bear responsible for more attacks on humans than any other bear. Weighing at an average between 200 and 300 pounds, they are capable of speeds of 25 to 30 miles per hour, are incredibly strong, and armed with claws that are highly dexterous, and capable of opening screw top jars, manipulation of door latches, and yes, even car doors. They are excellent climbers and capable swimmers. These bears are solitary by nature, except when in family groups of mothers and cubs or in pairs, during the mating season of early spring.
Although called black bears, they can range in color from dark brown to light cinnamon. They eat a wide variety of food such as grass, roots, nuts and berries, and occasionally small mammals and fish. During the fall, if you’re particularly lucky you might even see some of our local Tahoe bears fishing for salmon during the annual salmon run at Taylor Creek. Bears may defend a food resource or cubs when present, and although they may act docile, it is important to remember that these are wild animals and deserve their space. Although not strictly territorial, bears may congregate in areas of high food density. The Tahoe Keys area has numerous sources of natural food, including flowering plants and berries, as well as some species of fruit trees spread throughout the area. Bears are, however, Keys Breeze
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opportunists who will sniff out and investigate any potential food source such as garbage and trash left out and accessible in trash receptacles and vehicles. There were four documented cases of bear breakins on vehicles and garages within the Tahoe Keys last year with at least two broken windows and two door manipulations. It is important to remember to always roll car windows up tightly and lock vehicle doors, and to remove any food or trash from your vehicle to avoid damage. While most black bears hibernate during the winter months, some of our Tahoe bears have been known to stay awake through the winter if there are enough food sources present, so it is important to be bear-aware year round. In the Keys all homeowners and renters are required to store all trash and garbage in a secure location, either in garage or residence until the scheduled Friday morning pick up. Although these animals have a highly developed sense of smell and acute hearing, recent research is showing that their long distance vision is not very good and they are not able to see large objects from further than 30 yards away. This is important when driving and when viewing wild bears you might encounter in the Tahoe Keys area. Remember these are wild animals that deserve our respect and distance. A bear who feels threatened will sometimes “huff” or blow air through their mouth or nostrils, or snap their teeth together. This is usually the result of curious humans encroaching into the bear’s space and causing unease. These actions are sometimes followed with a bluff charge, running toward the cause of their unease or perceived threat and stopping early, or veering off... but not always. Please respect any and all wildlife in the Tahoe Keys by not feeding them and eliminating access to food sources in cars and garbage receptacles, and by not crowding them. After all, the Tahoe Basin is their home too. Enjoy the view!
FEBRUARY 2020
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10
Looking to buy or sell in the Tahoe Keys?
MORETTI EXTERIOR SERVICES (530) 545-0989
Contact Michael Keller for proven results • 2017 South Tahoe MLS #1 individual broker in total sales value • 2017 South Tahoe MLS top agent in number of sales over $1,000,000 • Tahoe Keys homeowner and full time resident • Full service independent broker • Creative marketing and competitive rates
A decking, siding & waterproofing contractor
Michael Keller Broker/Owner Keller Properties 530-307-0027
Scott Moretti Owner/Operator
Michael@TahoeKeysRealty.com CA Broker# 01374418
morettiexteriors.com
Scottiemoretti@hotmail.com PO Box 6652 Stateline, NV 89449-6652 Find me on CA License: 784339/NV License: 20151067188
www.TahoeKeysRealty.com for more info
Get more exposure for your business! Advertise in Keys Breeze! For more information about rates please call Kathy Hess-Slocum at 775-846-5656 or email kathy@justimaginemktg.com.
WHERE IN THE universe IS KEYS BREEZE? Attention all TKPOA Homeowners Submit your photo and win!
S
how us where you read the Keys Breeze. Winners will be chosen at the end of the year and given a $25 gift certificate to Chicken in a Barrel. All images must be submitted electronically. JPEG files are the preferred format and the size needs to be no less than 1 MB. By submitting your photo, you are giving us permission to reprint in Keys Breeze. Please email submissions to Heather Blumenthal at HBlumenthal@ tahoekeyspoa.org.
Thank you! KKeeyyss BBr reeeezzee
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FJ EABNRUUAARRYY 22002200
Robert Crane in France on the Seine River with Notre Dame in the background. ||
1 11 1
Cove Advisors Needed for Bavarian Isle, Aloha Isle, Mount Tallac Village III, and Cove 2 It is important that all TKPOA subdivisions are represented by a property owner living within their subdivision. Per the Advisor rules, any owner in good standing may volunteer to serve as the Advisor to their Subdivision or Cove. Otherwise the property owners may nominate themselves or another owner within that subdivision, confirmed by a vote of the Board of Directors. Each Cove Advisor is responsible for handling the general affairs of the cove including unit/common area facilities; report maintenance, repair and other property owners issues to TKPOA management and follow-up in keeping those property owners up to date with current events, general affairs of projects happening within the Keys, and manage the cove’s budget. If you want to volunteer or nominate a fellow owner please complete the “Request to be Appointed” form, which can be found on the TKPOA website: www.tkpoa.com by clicking on the news ticker on the home page. Please return your completed form to Administrative Assistant, Angela LaTella, alatella@tahoekeyspoa.org, or turn in at the Pavilion Office located at 356 Ala Wai Blvd, South Lake Tahoe, CA 96150. Sincerely Neal Simmons TMS Advisor Co-Chair Advisor Committee
2020 ACC APPLICATION
SUBMITTAL SCHEDULE ACC MEETING DATES HAVE BEEN CHANGED FROM MONDAYS TO TUESDAYS FOR 2020
SUBMITTAL DEADLINE (Wednesday prior to the meeting)
ACC MEETING DATES (Tuesdays)
February 5th
February 11th
March 4th
March 10th
April 8th
April 14th
April 22nd
April 28th
May 6th
May 12th
May 20th
May 26th
June 10th
June 16th
June 24th
June 30th
July 8th
July 14th
July 22nd
July 28th
August 8th
August 11th
August 19th
August 25th
September 9th
September 15th
September 23rd
September 29th
October 7th
October 13th
November 4th
November 10th
December 2nd
CALL FOR A FREE ESTIMATE!
Tanner Hart
boatdocksinc@gmail.com General Engineering PO Box 8233 South Lake Tahoe LIC #369533
INC
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December 8th Keys Breeze
BOAT DOCKS
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FEBRUARY 2020
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13
Ice Safety By Gregory J. Hoover TKPOA Water Quality Manager, AIS Management Coordinator
Now that winter has arrived and the Tahoe Keys lagoons and waterways are covered with ice and snow, it is important to think about ice safety. TKPOA Water Quality and Security Departments along with the South Lake Tahoe Fire and Rescue recommend you never venture out on our frozen lagoons and waterways, as they are extremely unsafe. Please keep the following in mind...
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14
Never allow children or pets to venture onto the ice
Vacation Home Rental (VHR) Properties
In the event they fall through the ice, there is a high probability of injury or death. TKPOA rules pertaining to pets and City of South Lake Tahoe Animal Control Codes do not allow an unleased pet to run or play on the ice.
Recognize that ice will never be completely safe
Conditions, and unseen or unknown factors, can render seemingly safe ice suddenly dangerous. Take all care and precautions to avoid mishaps and make sure you have a rescue plan in place, i.e.; throw able floatation device with an attached rope, for those who live on the water. Having a safety plan in place, should you see an ice incident, can save lives.
Understand that ice strength is not the same everywhere, not even on the same body of water
It is difficult to judge the strength of ice based on appearance alone. Other factors including snow cover, currents, bubblers to prevent ice around boats, distribution of the load on the ice, schools of fish, and other factors affect the thickness and safety.
Find an alternative to playing on the lagoons
Skaters can go to Heavenly Village Ice Rink (530) 542-4230 or the South Tahoe Ice Arena (530) 5447465. There are many interesting trails in and near the Tahoe Keys for walking and snowshoeing. All people who venture out during winter should carry emergency supplies no matter how long they plan to be out or where they plan to go. Always make sure that someone knows where you are going and when you are expected to return.
Please inform your renters that the ice within our community is unsafe. Renters and their families should refrain from walking on it for their own safety. Refrain from throwing rocks, trash and other items on the ice.
Laminar Flow Aeration (LFA) Project Area
In the spring to 2019, the Water Quality Department introduced a new project in the TKPOA waterways. This project consists of 10 diffuser and over 8,000 feet of high pressure hose which covers approximately six acres of waterways operates nonstop throughout the year. One of the project goals is to have a continuous circulation of the water column. This will reduce the water’s ability to freeze and if it does freeze the ice will be thin and un-uniform which makes this area extremely dangerous. The LFA project is located in the waterways that are north of Venice Drive and between Christie Drive and Lucerne Way (refer to picture to the right).
The TKPOA WQ Staff has placed ice caution signs around the TKPOA Waterways to remind the members, renters and visitors about the threat that ice poses. The City of South Lake Tahoe has already had one fatality due to falling through ice and drowning during the 2019–2020 winter season.
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TKPOA by the Numbers
2019 DEPARTMENT SUMMARY REPORT By Heather Blumenthal, Operations Manager ON BEHALF OF TKPOA MANAGEMENT I would like to thank all TKPOA staff and the member volunteers who donated
their time and effort to our community for their hard work in 2019. TKPOA had another successful and eventful year in 2019 and we’re on our way to another great year in 2020.
ACC 2017
2018
2019
NUMBER OF APPLICATION SUBMITTALS
335
317
310
NUMBER OF APPROVALS
313
299
298
FIRST VIOLATIONS/COURTESY NOTICES
631
469
623
SECOND VIOLATION NOTICES
157
66
97
THIRD CERTIFIED LETTER
82
18
35
NUMBER OF FINES IMPOSED
42
25
38
554
433
470
NUMBER OF ACC MEETINGS HELD
19
20
17
NUMBER OF WORKSHOPS HELD
4
2
3
1,294
1,035
1,577
56
28
14
2017
2018
2019
COMMUNITY PATROLS - VEHICLE
1,469
1,345
1,135
COMMUNITY PATROLS – FOOT
1,244
776
712
WATERWAY PATROLS – BOAT
56
89
90
COURTESY NOTICES
147
151
348
PARKING VIOLATIONS
523
498
315
ACC REFERRALS
152
252
267
3,591
3,111
2,867
SECURITY CALLS - COMMON AREAS
493
378
187
SECURITY CALLS - SUBDIVISIONS
525
458
248
SECURITY CALLS - TOWNHOMES
327
201
176
1,345
1,037
611
NUMBER OF COMPLIANCES COMPLETED
TOTAL LETTERS SENT ACC BOAT PATROL HOURS
SECURITY
TOTAL
TOTAL CALLS TO SECURITY
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FEBRUARY 2020
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INDOOR POOL 2017
2018
2019
OWNERS
11,447
10,937
11,653
LONG TERM RENTERS
1,749
708
1,099
RENTERS
13,223
13,223
12,293
GUESTS
11,507
11,825
13,303
UNDER 5
1,295
1,341
1,765
31,328
30,226
33,505
2017
2018
2019
1,643
1,632
1,347
139
155
196
RENTERS
2,398
1,871
2,076
GUESTS
2,769
2,495
2,754
UNDER 5
1,952
1,821
1,254
TOTAL USAGE
8,901
7,974
7,627
2017
2018
2019
1,906
5,084
4,830
408
403
422
2017
2018
2019
WELL #1 PRODUCTION (GALLONS)
69,795,500
52,372,100
43,688,100
WELL #2 PRODUCTION (GALLONS)
123,000,000
90,768,860
64,612,000
WELL #3 PRODUCTION (GALLONS)
64,066,400
126,536,000
161,757,000
256,861,900
269,676,960
270,057,100
TOTAL USAGE
OUTDOOR POOL OWNERS LONG TERM RENTERS
LANDSCAPING HOURS WORKED TRASH PATROLS COMPLETED
WATER COMPANY
TOTAL PRODUCTION
TKPOA BY THE NUMBERS
For any questions please contact Operations Manager Heather Blumenthal at (530) 542-6444, ext. 228 or hblumenthal@tahoekeyspoa.org. CONTINUED ON PAGE 18 Keys Breeze
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FEBRUARY 2020
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17
WATER QUALITY 2017
2018
2019
6,384
5,184
4,591
118
110
145
HARVESTER WEED REMOVAL (CUBIC YARDS)
8,963
4,962
5,748
SKIMMER BOAT WEED REMOVAL (CUBIC YARDS)
1,033
791
526
5
2–58*
3
3–4 and the Omni Cat
2–3** and the Omni Cat
1–3** and the Omni Cat
HOURS WORKED (HARVESTERS AND BOATS COMBINED) DAYS WORKED
NUMBER OF HARVESTERS NUMBER OF SKIMMER BOAT CREWS
* WQ Staff had many mechanical issues with the harvesters which limited productivity during the 2018 season ** WQ Staff has been limited with Fragment Control Staffing requirements during the 2018 and 2019 seasons
MAINTENANCE 2017
2018
2019
WORD ORDERS COMPLETED (COMMON)
164
176
192
WORD ORDERS COMPLETED (TOWNHOMES)
153
146
166
WORK ORDERS RECEIVED (COMMON)
164
176
193
WORK ORDERS RECEIVED (TOWNHOMES)
167
145
164
PREVENTATIVE MAINTENANCE PROJECTS (COMMON)
58
81
74
PREVENTATIVE MAINTENANCE PROJECTS (TOWNHOMES)
53
66
66
MAINTENANCE PROJECTS COMPLETED (COMMON)
45
41
44
MAINTENANCE PROJECTS COMPLETED (TOWNHOMES)
38
39
34
2017
2018
2019
PHONE CALLS RECEIVED
9,089
10,648
8,038
MEMBER/GUEST WALK INS
7,185
9,370
7,808
MEMBER PASSES PROCESSED
438
522
635
RECREATIONAL PASSES SOLD
0
0
105
6,741
5,432
4,240
TENNIS PASSES SOLD
49
26
60
BEACH PASSES SOLD
0
0
0
TKB&HA PASSES SOLD
29
32
71
TAHOE ISLAND PARK SUBDIVISION NO. 4 PASSES SOLD
16
17
19
LONG TERM RENTER PASSES SOLD
98
136
169
HOMEOWNER BOAT STICKERS
133
508
194
RENTER (LONG AND SHORT TERM) BOAT STICKERS
85
24
53
EMAIL EBLASTS
92
178
94
ACC FORM REQUESTS
371
342
356
ADMINISTRATION (FRONT DESK)
POOL PASSES SOLD
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Election Rules, Voting Procedures and Director Qualifications By Kirk Wooldridge, TKPOA General Manager
Based on the 2020 Senate Bill 323 (SB 323)
AS OF JANUARY 1ST, 2020, Senate Bill 323 went into effect that
provides an extensive overhaul of Homeowner Association election procedures. Our current voting and election rules that were adopted by the Board of Directors of Tahoe Keys Property Owners Association (TKPOA) on May 22nd, 2015 complied with the requirements of the Civil Code, and a much needed update by Steve Weil – TKPOA Legal Counsel at the time – Berding & Weil, LLP Based on the 2020 Senate Bill 323 (SB 323), there are numerous changes required to our voting and election rules, and updates that our current TKPOA Legal Counsel Matt Ober – Richardson – Ober- DeNichilo LLP has provided a complete update of these rules for Board adoption. SB 323 amends Civil Code Sections 5100, 5105, 5110, 5115, 5125, 5145, and 5200, and adds Section 5910.1 relating to elections, voting and candidate qualifications.
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there are numerous changes required to our voting and election rules, and updates...
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At the February 15th, 2020 Board of Directors – Regular Open Meeting the Board of Director’s proposed Board Action to approve the revised TKPOA Election Rules, Voting Procedures and Director Qualifications for a 28 Day Membership Rule Change Review Period. Due to the size of the this proposed rule change; a mailing will need to be sent to each TKPOA property owner, the complete rule change is 25 pages. For those TKPOA property owners that have agreed to Electronic Communication Authorization, by signing the “Request for Annual Notice of Address, Secondary Address, Representative, Rental Status, and Consent for Electronic Delivery” (Form 4041) [Corporations Code §20], the TKPOA will be mailing the Notice of Rule change and emailing this proposed rule change. The adoption of the proposed TKPOA Election Rules, Voting Procedures and Director Qualifications will be scheduled for the April 18th, 2020 Board of Directors – Regular Open Board Meeting at 2:00 p.m. The following are the highlights of the significant changes: • In the past the TKPOA has held hearings to suspend the voting rights of members delinquent in their assessments, and other HOAs have bylaws barring such homeowners from voting. The new Civil Code §5105(g) (1), however, requires HOAs to give ballots to all association members. The Board can no longer suspend members voting rights. • The new Civil Code §5105(c) allows associations in bylaws or election rules to disqualify members as “Director Candidate” if the member: Is delinquent in assessments (without a payment plan in place); has not been a member for at least a year; is co-owner with another director; or has a felony conviction which would harm the HOA’s ability to obtain fidelity (dishonesty) insurance. • Term limits for Board of Directors have been removed. • One of the strangest parts of the new law is the new Civil Code §5105(e), requiring that a candidate must be offered Internal Dispute Resolution (IDR) [Civil Code §5900] before they can be disqualified. • The greatest challenge for all HOAs is that the law extends the election cycle by at least 60 more days. Civil Code §5110 has long required ballots to be sent at least 30 days before counting of ballots. The new Civil Code §5115(b) requires the HOA announce the upcoming election and nomination procedure at least 30 days before the ballots are distributed, and Civil Code §5115(a) requires that a call for nominations must have a deadline of at least 30 days. This means that, if everything is done on the shortest time frame, elections will take 90 days.
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• Civil Code §5125 will require that the Inspector keep not only ballots but also signed voter envelopes, voter list, proxies and the “candidate registration list”. (However, the term “candidate registration list” is undefined.) • Although some HOAs allowed managers to serve as the Inspector of Election, under the new Civil Code §5110(b) this is prohibited. • For Inspector of Elections an independent third party is required to be selected by the association as the inspector of elections and prohibits a person, business entity, or subdivision of a business entity that is employed or under contract to the association for any compensable services from being an independent third party unless otherwise expressly authorized by the rules of the association. For the 2020–2022 Board of Directors Election, there are four board positions up for election. The following Board Member terms end in 2020: Robert Meyers – Vice President, Jim Siegfried Treasurer, Dennis Daniel and Michael Keller. Based on our current review of the proposed TKPOA Election Rules, Voting Procedures and Director Qualifications, and SB 323 requirements the Director Election schedule will change for 2020. The following is the proposed timeline for the Annual Board of Director Election: A “Director Election” Board of Directors meeting will be held on Saturday, September 5th, 2020 at 9:00 a.m. at the TKPOA Pavilion located at 356 Ala Wai Blvd, South Lake Tahoe CA. The balloting period for this election will close at 9:05 a.m. on Saturday, September 5th, 2020. If TKPOA property owners elect to return their ballot at the Board Meeting; it must be turned into the Inspector of Elections no later than 9:05 a.m. on Saturday, September 5th, 2020. If you elect to return this ballot in person at the Pavilion Office, the Secret Ballot must be inserted into the ballot box prior to 3:00 p.m. on Friday, September 4th, 2020. If TKPOA property owners elect to return this Secret Ballot by mail, the ballot must be received no later than 3:00 p.m. on Thursday, September 3rd, 2020. The 57th Annual Membership Meeting will be held as planned on Sunday, September 6th, 2020 at 9:00 a.m. at the TKPOA Pavilion. For any questions or comments on the proposed TKPOA Election Rules, Voting Procedures and Director Qualifications Rules, or the 57th Annual Membership Meeting contact Angela LaTella, Administrative Assistant at (530) 542-6444, ext. 223 or email at ALatella@ tahoekeyspoa.org. TAHOE KEYS PROPERTY OWNERS ASSOCIATION ANNUAL BOARD OF DIRECTOR ELECTION TIMELINE April 24th, 2020
GENERAL NOTICE FOR SELF NOMINATION DEADLINE
4:00 p.m.
SELF NOMINATION DEADLINE
Friday
May 29th, 2020
GENERAL NOTICE OF MAILING ADDRESS, MEETING LOCATION, LIST OF CANDIDATES
June 12th, 2020
SECRET BALLOT MAILING DATE
July 17th, 2020
SECRET BALLOT DEADLINE FOR MAILING (RECEIVED BY INSPECTOR OF ELECTIONS)
3:00 p.m.
Thursday
September 3rd, 2020
SECRET BALLOT DEADLINE AND BALLOT COUNTING (BOARD MEETING)
9:05 a.m.
Saturday
September 5th, 2020
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THE TKPOA RULES AND THE RULE CHANGE PROCESS CONTINUED FROM PAGE 4
and preferences. The standards have been carefully developed to reflect a balance between individual rights and the good of the entire association—that is, continuing to maintain and improve property values. These guidelines maintain architectural standards and provide a basis for treating all property owners fairly and reasonably. Written guidelines allow you and the Architectural Control Committee (ACC) to work from the same criteria, and are published as the Architectural Control Rules (ACR), TKPOA Bylaws and CC&R’s. Sometimes architectural rules and requirements can be complex. The ACR’s rules show you exactly what is required so you can comply with the community’s standards. The ACC wants the paperwork to be as simple as possible for everyone. The ACR rules take the guesswork out of your application and their decision making. The ACR rules provide criteria for the current ACC to make appropriate decisions, and for future committees’ to make decisions that are consistent. Otherwise, the application approved today may be found unacceptable by future committee members when construction is completed. The ACR rules clarify the association’s authority in this area. California State statues and our Governing Documents give the TKPOA a legal right to enact and enforce design standards. The ACR rules spell this out so everyone understands they must comply even if they don’t agree. The Association Operating Rules are any regulation adopted by the Board of Directors of a condominium or homeowners association that applies to the management and operation of the association or the conduct of its business and affairs. Civil Code §4340. This includes pets, parking, use of the common areas, member discipline, architectural standards, election procedures, any schedule of monetary penalties, etc. Civil Code §4355(a). Excluded are decisions relating to common area maintenance, a specific matter (as opposed to a general policy), assessment amounts, a non-discretionary rule change required by law, or a rule that repeats existing law or the association’s bylaws, CC&Rs or articles of incorporation. Civil Code §4355(b). Enforceability of rules, as provided for in Civil Code §4350, an operating rule is enforceable if: (1) it is in writing, (2) it is within the board’s authority, (3) it is consistent with governing law and the associations governing documents, (4) it is adopted in good faith, and reasonable.
The Rules Change Process
There is a specific process that must be followed for rule changes. Any property owners of the Association in good standing or Association management may submit a proposed rule change. First, the section/subsection of the existing rule must be documented verbatim. Then any additions to the rule should be inserted using bolded underlined text. Any deletions should be shown using strikethrough. A Purpose and Effect statement must also be included with the proposed change and should explain the purpose for the change and the effect the change will have. Once drafted, the proposed change goes through the following process:
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For Association Rules
1. Proposed changes are first submitted to the TKPOA Staff and Board of Directors. The TKPOA Staff will review the proposed rule change(s) and check it/them for proper format and ensure that it/they are not in conflict with any other governing documents, California Civil Code, ordinances or laws and to determine next steps, such as ACC or Legal Counsel Review. The proposed rule change is then placed on the next TKPOA Board of Directors Regular Meeting agenda upon the Board Presidents approval. The member submitting the proposed change should attend the meeting. All TKPOA members in good standing are welcome to attend these meetings. 2. If the Board of Directors approves the rule changes, it is then approved to be published in the Keys Breeze or sent as a mailing to all members for the required 28 day review period. 3. Requests for rule changes can be emailed to the TKPOA Board Administrative Assistant, Angela LaTella, ALaTella@ tahoekeyspoa.org or they can be dropped off at the TKPOA Pavilion Office. Requests should be submitted at least ten days prior to the next scheduled Board meeting date. Notice of Proposed Change. Before adopting or amending an operating rule or changing a fine schedule, the Board must “provide written notice of a proposed rule change to the members at least 28 [As of January 1st, 2019 this has changed from 30 days] before making the rule change.” The notice must include the text of the proposed rule change and a description of its purpose and effect. Notice is not required if the board determines that an immediate rule change is necessary to address an imminent threat to public health or safety or imminent risk of substantial economic loss to the association. Civil Code §4360(a). Keys Breeze
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California State statues and our Governing Documents give the TKPOA a legal right to enact and enforce design standards.
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Method of Notice. The method of providing notice of a rule change is described in Civil Code §4360 as the methods approved by Civil Code §4040, §4045 and §4050. TKPOA gives notice to the TKPOA member of proposed rule changes by publication in a TKPOA Keys Breeze monthly magazine that is mailed to all members of the association or through a direct mailing. The Keys Breeze is the official Monthly Publication of the Tahoe Keys Property Owners Association. The Keys Breeze magazine is also available via our TKPOA website: www. TKPOA.com. (Also on the TKPOA website is additional information on the ACC Rules, CC&Rs, Operating Rules, and Bylaws change process) It is during this 28 day time period once the Notice of Proposed change is posted that the TKPOA Board of Directors would like to hear TKPOA members’ questions or concerns on the proposed rule change through attending regular monthly TKPOA Board meetings, emails and phone calls, attending the corresponding TKPOA Committee Meetings that the rule change may have originated with, or through contacting the TKPOA Administrative Assistant. 4. After the 28 day review period the proposed change will go back to the Board for approval to be adopted. Any member feedback that has been provided during the review period is considered by the Board before a decision is made. 5. If the Board approves the proposed change, it is published in The Keys Breeze, or sent as a member mailing a second time as a notification to the membership that the rule has been changed along with its effective date. Notice of Adoption. Within 15 days of voting on the rules, the board must notify the membership of the results of the vote. Civil Code §4360.
Once adopted the new rule or rule change is added to the Association Operating Rules/”Governing Documents” and is enforceable. The TKPOA Operating Rules and Governing Documents are enforceable by the TKPOA Board of Directors through the TKPOA member discipline process, suspension of privileges, fines, and in some cases El Dorado County Ordinances and Codes. The TKPOA Board of Directors can approve Emergency Rule Changes under the Davis Stirling Act Civil Code. If the board determines that an immediate rule change is required to address an imminent threat to public health or safety, or an imminent risk of substantial economic loss to the association, it may make an emergency rule change and no 28-day noticed waiting period is required. An emergency rule change is effective for 120 days, unless the rule change provides for a shorter effective period. Civil Code §4360. Any TKPOA member can propose a rule change or change to our Governing Documents, which include the Association Rules, the Bylaws, CC&R’s and the Architectural Control Committee (ACC) rules. Once the Emergency Rule has been approved it then follows the Operating Rules process for adoption as a permanent rule change of the TKPOA Association Rules. TKPOA Association Rules are operating rules that are defined by California’s Davis-Stirling Act. Based on ongoing updating and adding to our rules, the TKPOA Board of Directors, Architectural Control Committee (ACC) and TKPOA Community members are all looking to improve the Tahoe Keys for all of its Property Owners. Not only to improve safety, but to maintain costs of operating the Association as well as protect your property values. If you need a copy of the current TKPOA Association Operating Rules and Governing Documents they can be found on the TKPOA website: www.TKPOA.com, or stop by the TKPOA Pavilion Office: Monday through Sunday 8:30 a.m.–4:30 p.m.
www.TKPOA.com
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TKPOA’s Member ID Card and Recreational Pass Policy AS A REMINDER to our members, their renters, and guests,
TKPOA Staff is tasked with enforcing TKPOA’s Operating Rules for Association amenities which includes enforcement of the Member I.D. Card and Recreational Pass Policy in order to correct violations.
the following are provisions of TKPOA’s Member ID Card and Recreational Pass Policy for access to the Associations amenities and facilities as revised by the Board of Directors on May 22nd, 2015:
• Owners & long term renters (LTR) must have a current valid Member ID card with a valid photograph of the member and/or LTR in their possession when using any of the Association’s facilities. This includes, but is not limited to, swimming pools, spas, tennis courts, parks, playground, beaches and volleyball court. • Up to three guests per Member ID Card and Long-Term Renter ID Card can get access to the association facilities when accompanied by the ID cardholder. • The fee for replacing lost, stolen, or damaged ID Cards will be twenty dollars ($20.00). The TKPOA will take current digital photographs with the issuance of ID Cards. • Property owners or their rental management company should direct their rental guests to the TKPOA Pavilion office to purchase Short Term Recreational Passes for use of Association amenities. Vacation Renters need to provide a copy of their lease to the front desk – either hard copy or digital copy (for 2020 there is a daily per person fee of $10. Weekly passes are also available).
The complete text of the Member ID Card and Recreational Pass Policy can be found on the TKPOA website, www.tkpoa.com or a copy can be requested from the Office, TKPOA staff is tasked with enforcing TKPOA’s Operating Rules for Association amenities which includes enforcement of the Member I.D. Card and Recreational Pass Policy in order to correct violations. Please contact the front desk at (530) 542-6444 if you have questions on the Member ID Cards assigned to your property or on how to obtain recreational day use passes for your renters and guests. The Pavilion Office is open Monday through Sunday from 8:30 a.m.–4:30 p.m.
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Architectural Control APPLICATION SUBMITTAL PROCESS By Linda Callahan, Architectural Control Department Manager ALL EXTERIOR IMPROVEMENTS to your property must be submitted to the Architectural Control Committee (ACC)
in the form of an application for review. Work cannot commence until you have received approval for your project from the ACC. The following is an outline of the submittal process. 1. Application is submitted to the ACC for consideration. 2. TKPOA front desk staff collects all necessary review fees and compliance deposits and confirms that all necessary documents are signed by the property owner. 3. Architectural Control Department (ACD) Staff conducts a field inspection and photographic records are taken to include with the submittal. 4. The proposed project is then added to the ACC meeting agenda. 5. After ACC has reviewed the application during a regularly scheduled meeting, staff generates an approval/ denial letter. 6. A digital copy of the processed application is recorded and the original application including all related documents is then filed in the owner’s property lot file. The City of South Lake Tahoe (CSLT) Building Department requires approval from TKPOA for issuance of a building permit. ACC applications are available at the TKPOA pavilion front desk located at 356 Ala Wai Blvd., South Lake Tahoe, California or on the TKPOA website at www.tkpoa.com. You may also call the ACD office at (530) 542-6444, ext. 240 and we will be happy to email an application to you.
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Accounting
Report By Don Havard, Accounting Manager THE ASSESSMENT PAYMENT SCHEDULE is located towards the back of every Keys Breeze. Assessments are due on a
Quarterly basis as indicated in the Assessment Payment Schedule. No other payment plans have been approved by the board, so please pay your assessment in full according to the schedule. QUARTERLY ASSESSMENT
DUE ON
1st Quarter 2nd Quarter 3rd Quarter 4th Quarter
January 1st April 1st July 1st October 1st
LATE FEES APPLY AFTER
Mail payments to:
January 30th April 30th July 30th October 30th
Tahoe Keys POA P.O. Box 1026 Roseville, CA 95678-8437
Quarterly statements are mailed out as a courtesy, however, assessment payments are due even if the statement is not delivered by your mail courier.
Meetings and Approvals
At the January 18th, 2020 open meeting, the TKPOA Board of Directors approved a contract with Gilbert and Associates to conduct the 2019 Annual Audit, reviewed homeowner delinquent accounts and scheduled disciplinary hearings on delinquent accounts. There were no approvals for lien notices for delinquent homeowners to review. Disciplinary hearings are generally held when a homeowner is delinquent on two quarterly assessments. The TKPOA Annual Disclosure and 2020 Budget was mailed out November 1st, 2019, and is also available on the TKPOA website. 314 homeowners opted to have the TKPOA Annual Disclosure and 2020 Budget sent to them via email rather than a hard copy in the mail, giving the Keys Breeze
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TKPOA a substantial savings on printing and mailing costs. If you also wish to participate in helping the Association to save money, you will find the “Consent to Receive Disclosures via Electronic Delivery� on page 33 of the Annual Disclosure. Simply complete the form and return it to the Association at TKPOA, 356 Ala Wai Blvd., South Lake Tahoe, CA 96150. The February Finance Committee meeting is scheduled for Tuesday, February 18th, 2020 at 10:00 a.m. As a reminder, the Budget meetings, the Board meetings, and the Finance Committee meetings, and are open to members of the TKPOA (meeting dates are subject to change).
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BOARD OF DIRECTORS, COMMITTEES AND MEETINGS By Kirk Wooldridge, TKPOA General Manager AT THE JANUARY 18TH, 2020 REGULAR OPEN BOARD MEETING of the Tahoe Keys Property Owners
Association (TKPOA) the Board of Directors appointed property owner Michael Keller to fill the current Board Vacancy 2020 Term (January 2020–September 2020). The Board of Directors also completed the appointment of property owners for the following Committees: The Tahoe Keys Boulevard Median Project – “Ad hoc” Committee - Appointment of the following property owners has completed the Committee: Pat Disney, Bob Henderson, Caroline Meiers, Ken Silvera, Joy Curry Norum and Michele Turner. The Tahoe Keys Waterways Restoration Fund - El Dorado Community Foundation (EDCF) 501 (c) 3 – Appointment of the following property owners has completed the Committee: Mel Meyers, Bonnie Halleran, Steve Jacobs, Stephen Caplan and Bob Cliff. The notice for these Committee meetings will be posted on the TKPOA Website and Pavilion bulletin board and announced at the Board of Directors Regular Open Board meetings.
Regular Open Board Meetings
The Board of Directors - Regular Open Board Meeting is scheduled for the third Saturday of each month at 2:00 p.m. at the TKPOA Pavilion. The Board of Directors Executive Session meetings will be conducted on the same Saturday from 8:00a.m. until 2:00 p.m., planning to end each session prior to the start of the Open Board Meeting at 2:00 p.m. The Open Meeting Act only gives association members the right to attend open meetings of the association board. Civil Code §4925 states “Any member may attend board meetings…” So, tenants, family members of owners or owner representatives do not have the right to attend. The SB Liberty v. Isla Verde case, decided in 2013, involved owners who transferred their unit to their limited liability company and then sought to have their attorney attend board meetings on that company’s behalf. The court confirmed that the law only gives the right of attendance to members.
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The 2019–2020 schedule is as follows: 2019–2020 TAHOE KEYS PROPERTY OWNERS ASSOCIATION – BOARD OF DIRECTORS – REGULAR OPEN MEETINGS MONTH
DATE
DAY
MEETING
TIME
LOCATION
FEBRUARY
2/15/2020
Saturday
Regular Board Meeting
2:00 p.m.
TKPOA Pavilion
MARCH
3/21/2020
Saturday
Regular Board Meeting
2::00 p.m.
TKPOA Pavilion
APRIL
4/18/2020
Saturday
Regular Board Meeting
2:00 p.m.
TKPOA Pavilion
MAY
5/16/2020
Saturday
Regular Board Meeting
2:00 p.m.
TKPOA Pavilion
JUNE
6/20/2020
Saturday
Regular Board Meeting
2:00 p.m.
TKPOA Pavilion
JULY
7/18/2020
Saturday
Regular Board Meeting
2:00 p.m.
TKPOA Pavilion
AUGUST
8/15/2020
Saturday
Regular Board Meeting
2:00 p.m.
TKPOA Pavilion
SEPTEMBER
9/5/2020
Saturday
Regular Meeting – DIRECTOR ELECTION
9:00 a.m.
TKPOA Pavilion
Sunday
57th Annual Membership Meeting
9:00 a.m.
TKPOA Pavilion
SEPTEMBER
9/6/2020
Executive Sessions
The Davis Stirling Civil Code for Common Interest Communities provides that executive sessions are meetings (that members cannot attend); members must be given notice of the time and place of an executive session, at least two days prior to the executive session (“Two Day Notice”). The Two Day Notice shall be given in the same manner that Board of Directors provide notice for open session board meetings by posting a notice in a prominent place or places within the common area and by mail to any owner who has requested notification of board meetings at the address requested by the owner (or, with the consent of the member who had requested notification of such board meetings, by email).
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Executive sessions of the Board of Directors are provided by Civil Code so that Boards can address issues involving privileged information and matters of a private nature. As a result, property owners do not have a right to attend executive sessions. As provided for in Civil Code §4935, Boards may go into executive session for the following matters: 1. Legal Issues. Boards may go into executive session to “consider litigation,” or to discuss current litigation. 2. Formation of Contracts. Boards may consider matters relating to the formation of contracts with third parties. 3. Disciplinary Hearings. Boards should meet in executive session for all disciplinary hearings or member disputes. The accused property owners are entitled to attend the executive session for that portion of the meeting dealing with property owner’s hearing. 4. Personnel Issues. Personal matters includes anything involving employees including, but not limited to, hiring, firing, raises, disciplinary matters, performance reviews, and adopting or amending employee policies. 5. Payment Plans. Board may meet with property owners in executive session to discuss requests by delinquent owners for payment plans. 6. Foreclosure. The decision to initiate foreclosure or collection activities shall be made only by the board of directors of the association and may not be delegated to an agent of the association. The board must approve the decision by a majority vote of the directors in executive session.
Board Meeting and Committee Minutes
Minutes as a rule, should record what was done at a meeting, not what was said. (Roberts Rules 11th ed., p. 468.) Legally meeting minutes are not required to contain owner comments and should never be a transcript of every
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statement made by Directors and attendees. Once the minutes are taken, and are proposed for adoption they are marked to indicate draft status, and are available to property owners within 30 calendar days of the meeting. (Civil Code §4950) These draft minutes then go into the board packet for the next meeting for board discussion and approval. As noted above, there is no requirement that draft minutes are posted. There is, however, a requirement that they be distributed to members who request them. If and when draft minutes are posted or distributed, they will have a large “DRAFT” stamp on the page or marked “DRAFT only--not approved by the Board” or something similar to indicate the minutes have not yet been approved by the board and may contain errors. The minutes, proposed minutes, or summary minutes must be distributed to any member of the association upon request. Associations may charge for copying costs. The TKPOA Board of Directors Minutes for Regular Open Session Meetings can be found on our Website at www.tkpoa.com. There is also a “Board Actions Article” in each monthly Keys Breeze summarizing the Board actions taken at the previous months Open and Executives Session Meetings. Minutes for TKPOA Committee meetings for the Water Quality Committee (WQC), Finance Committee, the Architecture Control Committee (ACC), and other “Ad Hoc” Committees can also be found on the TKPOA Website.
Board Meeting Schedule
The TKPOA Board of Directors by vote has the ability to change the Regular meeting of the Board based on the current BYLAWS as long as the meetings are properly noticed. To receive additional information on Board Meetings please call Angela LaTella (530) 542-6444, ext. 223 or email at Alatella@ tahoekeyspoa.org. You can also contact the TKPOA front desk at (530) 542-6444 Monday through Sunday 8:30 a.m.–4:30 p.m.
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9-1
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9
5-1
11-
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