Keys Breeze March 2020

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Tahoe Key s P r oper ty Owner s Ass oc iation

2020 VACATION HOME RENTAL (VHR) PERMITS PG. 3

THE PURPOSE OF AN ARCHITECTURAL CONTROL DEPARTMENT (ACD) PG. 16

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

MARCH 2020

TKPOA BYLAWS AND CC&RS COMMUNICATION “AD-HOC” COMMITTEE PG. 10


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Here is your Tahoe Keys 2020 comparison: SINGLE FAMILY

JAN/FEB 19

JAN/FEB 20

TOWNHOUSES

JAN/FEB 19

JAN/FEB 20

SOLDS:

3

5

SOLDS:

3

6

AVG. SOLD PRICE:

$920,500 $969,000 ($384/sq. ft.) ($430/sq. ft.)

AVG. SOLD PRICE:

$423,000 $386,000 ($378/sq. ft.) ($375/sq. ft.)

SOLD DOM:

180

246

% OF ASKING PRICE:

96%

92%

91 % OF ASKING PRICE: 97% SOLD DOM:

174 95%

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Low inventory and high demand. Keys Breeze

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It is time to list! Make us your choice.

MARCH 2020

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2020 Vacation Home Rental (VHR) TKPOA Permits By Kirk Wooldridge, General Manager ON FEBRUARY 12TH, 2020, the Tahoe Keys

Water Quality Special Assessment 26

Property Owners Association (TKPOA) held a Town Hall Forum from 6–8 p.m. to discuss the 2020 TKPOA Vacation Home Rental (VHR) Permit Annual Fee at the TKPOA Pavilion. The Town Hall Forum was presented by TKPOA Staff: Kirk Wooldridge, General Manager; Don Havard, Accounting Manager; Heather Blumenthal, Operations Manager; and Tom Callahan, Facilities Manager. There where approximately over 30 TKPOA Property Owners in attendance with about 30% representing VHR Permit Holders and 65% representing Non-VHR Permit Holders, along with a few Property Managers. The following Board Members attended: Michael Keller attended in person; Bob Meyers, Vice President; Mel Meyers; and Sean Ward, Secretary, attended via conference call. The purpose of a Town Hall Forum is to conduct an open exchange of information and ideas, and to inform TKPOA members of the latest information in person on the important projects and issues that are taking place. The TKPOA Board of Directors may be represented by less than a majority of the Board and will not be transacting any Board business.

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CONTINUED ON PAGE 24

2020 Vacation Home Rental (VHR) TKPOA Permits 3 TKPOA by the Numbers

4

Barton Article Headline Here

6

Board Actions Summary

8

TKPOA Calendar

9

TKPOA Bylaws and CC&Rs Communication "Ad Hoc" Committee

10

Where in the Universe

11

Electronic Communications

14

The Purpose of an Architectural Control Department (ACD) 16 Bear Boxes

20

Notice of Board of Directors Vacancy

23

Accounting Report

Review of the 2019 Employee Work Safe Program 28 ACC By the Numbers

30

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.

THE PURPOSE OF A TOWN HALL FORUM IS TO CONDUCT AN OPEN EXCHANGE OF INFORMATION AND IDEAS, AND TO INFORM TKPOA MEMBERS OF THE LATEST INFORMATION IN PERSON ON THE IMPORTANT PROJECTS AND ISSUES THAT ARE TAKING PLACE.

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

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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

Vacant, DIRECTOR

Bill Spicer

Melvin Meyers, DIRECTOR

Pool Supervisor (530) 545-4124

Operations Manager, Ext. 228

Keys Breeze

Angela LaTella

Security (530) 545-0847

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Michael Keller, DIRECTOR


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. A previous published version of this article included a typo in the numbers provided for usage in 2019 at the indoor and outdoor pools. The tables with the corrected numbers are below: For any questions please contact Operations Manager Heather Blumenthal at (530) 542-6444 ext. 228 or hblumenthal@tahoekeyspoa.org.

INDOOR POOL 2017

2018

2019

OWNERS

11,447

10,937

11,653

LONG TERM RENTERS

1,749

708

1,099

RENTERS

5,330

5,415

5,685

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

TOTAL USAGE

OUTDOOR POOL OWNERS LONG TERM RENTERS

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Health

Orthopedic Walk-in Care

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Get back to what you love, faster. Barton Orthopedic Walk-in Care is now available for same day orthopedic care. Barton’s experts can treat your urgent musculoskeletal needs to get you healing faster and back to doing what you love. Call or walk-in for same day appointments for bone and joint injuries. Treatments include x-rays, splinting, bracing, injections, and addressing orthopedic injuries.

Barton Center for Orthopedics & Wellness Walk-ins available Monday, Thursday & Friday 9am-5pm

Walk-ins available Tuesday & Wednesday 9am-5pm

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935 Mica Dr., Bldg. C, Suite 15 Carson City, NV 775.783.3065

BartonOrthopedicsAndWellness.com


4 Steps to Prevent Kidney Stones

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KIDNEY STONES form when the urine becomes too concentrated—either from too much “bad stuff” in your diet or not enough water—and small crystals form. The crystals slowly grow into large stones and can be quite unpredictable. If a stone gets stuck and blocks the flow of urine, it can cause severe pain. And to make matters worse, people who form stones once are at higher risk of having a second episode. While there are different types of kidney stones, there are some general steps you can take to prevent their formation.

Dr. Brian Steixner, Board-certified urologist at Barton Health. A variety of services and treatments are available at Barton Urology for men and women, including for incontinence, urinary tract infections, prostate cancer, urinary tract cancer, vasectomy, and vasectomy reversals. To make an appointment, call (530) 543-5400 or visit bartonhealth.org/ urology.

STEP 1:

Drink water—lots of water. Aim to drink at least two liters of water each day. Never let your urine become dark yellow; this is a sign you are dehydrated.

STEP 2:

Get juiced. Citrus juice helps prevent the bad components of your urine from bonding and forming kidney stones. Adding a small amount of lemon, orange, lime, or other citrus juice helps decrease the chance of stone formation.

STEP 3:

Lay off the salt. Sodium causes calcium to be pushed from the kidneys into your urine. Since calcium is the biggest component of kidney stones, too much salt can be a problem. Limit daily sodium intake to around 2,500 mg.

STEP 4:

Limit meat. Eating too much protein, mostly from meat or seafood, can increase your risk for kidney stones. Try going vegetarian one day a week (Meatless Monday!) or keeping your portions of meat to the size of a smartphone.

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2020

BOARD ACTIONS SUMMARY By Angela LaTella, Administrative Assistant

FEBRUARY 15TH, 2020 – EXECUTIVE SESSION BOARD ACTIONS • Reviewed six personnel matters. • Eight disciplinary matters were reviewed including one hearing for delinquent account. • Reviewed 15 legal matters including ongoing issues with the Tahoe Keys Marina and Yacht Club (TKM&YC). • Reviewed four contracts, one new contract was approved.

FEBRUARY 15TH, 2020 – BOARD OF DIRECTORS MEETING BOARD ACTIONS • Extended the voting period for the Proposed Revised Water Quality Special Assessment ballot to March 19th, 2020 based on the report from the Inspector of Elections that a quorum had not yet been reached. • Approved to post the 4th draft of the prosed revised BYLAWS and have legal counsel revise the proposed CC&Rs revisions table for posting on the TKPOA website. • Approved the review and acceptance of the November 19th, 2019 Letter Report and Bulkhead Monitoring “Survey 4” conducted by Noble Consultants G.E.C. and Turner and Associates Inc. • Approved the cost distribution for the Bulkhead Monitoring "Survey 4" performed by Noble Consultants G.E.C., Inc. and Turner and Associates, Inc., Land Surveying. • Approved a one-time special assessment for bulkhead monitoring "Survey 4" performed by Noble Consultants G.E.C., Inc. and Turner and Associates for all Bavarian Isle Property Owners for $21.47 to be billed with the Second Quarter Annual Assessment. The one-time Special Assessment is due by June 8th, 2020. • Approved a one-time special assessment for bulkhead monitoring “Survey 4” performed by Noble Consultants G.E.C. and Turner and Associates for all St. Moritz Isle Property Owners for $21.47 to be billed with the Second Quarter Annual Assessment. The one-time Special Assessment is due by June 8th, 2020. • Approved Amundson Roofing for the Cove 1 Roof Replacement Project for the sum of $36,700 plus a $3,670 contingency for a total of $40,370 to be funded out of Cove 1 Reserves Fund. • The Board gave direction to Staff to conduct an ACC variance process for the proposed Water Quality dock installations at East and West Garmish, and pumphouse lagoon locations. • Approved the Electronic Payments and Transfer – Second Quarter and Third Quarter. • Approved the Memorandum of Lease (MOL) for the TKPOA Pavilion Pier to be signed and acknowledged, and duly executed before a Notary Public by the Board of Directors Vice President Robert Meyers. • Approved the California State Lands Commission Resolution TKPOA #2019-0086. • Appointed Renee Landau to be on the Tahoe Keys Boulevard Median Project “Ad Hoc” Committee. Keys Breeze

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TKPOA CALENDAR FOR MARCH 2020 AND BEYOND March 2020

10 ACC Meeting 21 Board of Directors Exec. Session 21 Board of Directors Regular Mtg. 26 Town Hall Forum Water Quality Committee Waterways Usage Committee 24 Tahoe Keys Blvd. Median Subcommittee

9:00 a.m. 8:00 a.m. 2:00 p.m. TBD TBD TBD 3:00 p.m

April 2020

14 18 18 23 28 TBD

ACC Meeting 9:00 a.m. Board of Directors Exec. Session 8:00 a.m. Board of Directors Regular Mtg. 2:00 p.m. Town Hall Forum TBD ACC Meeting 9:00 a.m. Water Quality Committee TBD Waterways Usage Committee TBD Tahoe Keys Blvd. Median Subcommittee

May 2020

12 16 16 26 28 TBD

ACC Meeting 9:00 a.m. Board of Directors Exec. Session 8:00 a.m. Board of Directors Regular Mtg. 2:00 p.m. ACC Meeting 9:00 a.m. Town Hall Forum TBD Water Quality Committee TBD Waterways Usage Committee TBD Tahoe Keys Blvd. Median Subcommittee

NOTE: All meetings will be held at the TKPOA Pavilion, 356 Ala Wai Blvd., South Lake Tahoe unless otherwise noted.

CALL FOR A FREE ESTIMATE!

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

Tanner Hart

IMPORTANT! ACC Meetings have been moved from Mondays to Tuesdays for 2020.

boatdocksinc@gmail.com

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.

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INC

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Bylaws + CC&Rs COMMUNICATION “AD HOC” COMMITTEE AT THE SATURDAY JANUARY 18TH, 2020 Tahoe Keys Property Owners

Association (TKPOA) Board of Directors Regular Board Meeting, the Board approved the formation of a BYLAWS and CC&R’s Communication – “Ad hoc” Committee. A proposed charter for this “Ad-hoc” Committee was reviewed for potential approval at the February 15th, 2020 Board of Directors meeting and has been re-agendized for review and potential approval at the upcoming March 21st, 2020 Board of Directors meeting. The “BYLAWS and CC&R’s Communication – “Ad hoc” Committee” will be a committee appointed by the Board of Directors of at least five property owners that are interested in working with the Board of Directors and TKPOA staff in the communication of the TKPOA Property Owner Voting Ballot for Amended and Restated Declaration of Covenants, Conditions and Restrictions (“CC&Rs”) and BYLAWS. The fourth draft of the proposed revised CC&Rs and Bylaws are posted on the TKPOA Website, www.tkpoa. com, under the Documents section. If you are interested in submitting a “Board Committee Individual Request to be Appointed Form” for this “BYLAWS and CC&R’s Communication – “Ad hoc” Committee”, please submit your request by March 20th, 2020. If you have any additional questions regarding this subcommittee, please contact Angela LaTella, TKPOA Administrative Assistant at the TKPOA Office, at 356 Ala Wai Blvd., South Lake Tahoe, CA 96150, Telephone (530) 542-6444, or email at ALaTella@tahoekeyspoa.org.

(530) 542-6444 ALaTella@tahoekeyspoa.org

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WHERE IN THE universe IS KEYS BREEZE?

The Bock Family at Rainbow Bridge Lake Powell, Utah.

T

KPOA would like to thank all the homeowners that submitted their photo to participate in the “Where in the Universe is the Keys Breeze?� feature of the monthly Keys Breeze newsletter. Members, staff, and visitors to the Keys have enjoyed seeing the many travel locations and adventures of our association members and even some TKPOA staff members! For 2019, four winners have been chosen to receive a $25 Chicken in a Barrel gift certificate for their unique and enthusiastic participation. Congratulations to Elizabeth Hansen, who visited the Florida Keys; Michelle Crane, who visited the ruins in Machu Picchu; Arthur Keown, who enjoyed lobster in Maine; and Mike Ogness, who enjoys reading his Keys Breeze while Lagoon side within the Tahoe Keys. For 2020, we are continuing the Keys Breeze adventures around the Universe! Show us where you read the Keys Breeze for a chance to win a gift certificate from Chicken in a Barrel. All images must be submitted electronically. JPEG files are the preferred format and the size needs to be less than 1 MB. By submitting your photo, you are giving us permission to reprint in the Keys Breeze. Please email submissions to Heather Blumenthal at HBlumenthal@tahoekeyspoa.org.

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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


Custom Boat Docks

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)

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

December 8th Keys Breeze

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Piers Fencing Welding Custom Railings

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ELECTRONIC Communications By Heather Blumenthal, Operations Manager

EACH YEAR IN OCTOBER, TKPOA conducts a mailing to each member

for their copy of the Annual Disclosure. This 80+ page document includes the upcoming year’s Operating Budget, Notice of Assessment Increases, Budget and Assessment Summary, Annual Update of TKPOA’s Reserve Study, and other pertinent required information for members of the TKPOA as we prepare to go into a new year. This mailing is a requirement of Civil Code §4040 for Homeowners Associations.

Please join us in our efforts in saving one tree at a time and a potential annual savings of $10,000–$12,000 for the Association!

In 2018, the costs for printing and mailing the 2019 Annual Disclosure to all 1,529 members of the TKPOA totaled approximately $12,000. New for 2020, updates to the Civil Code requirements allowed for Associations to provide members their Annual Disclosure via electronic delivery, such as email, as long as the member has provided the Association with a completed and signed “Consent to Receive Disclosures via Electronic Delivery” Form. This year, TKPOA received 314 “Consent to Receive Disclosures via Electronic Delivery” forms from members in time for the mailing of the 2020 Annual Disclosure. On October 31st, 2019, these 314 members went sent an email with a link to their copy of the 2020 Annual Disclosure, resulting in an approximately $3,000 savings in printing and mailing costs after the remaining $1,215 Disclosures were mailed. TKPOA has continued to receive “Consent to Receive Disclosures via Electronic Delivery” forms after the deadline for the 2020 Annual Disclosure mailing and is confident the Association will realize an even higher savings when it comes time for the 2021 Annual Disclosure mailing.

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In order to continue to realize these cost savings, TKPOA needs more members to sign up to receive their Annual Disclosures, and other communications via electronic delivery (email) as allowed by law. Examples of other electronic communications you may receive from TKPOA include email eblasts that get you the latest and greatest information on topics such as TKPOA Board Meetings, Town Hall Forum Announcements, Weed Harvesting Schedules, current and upcoming projects, board elections, etc.

The “Consent to Receive Disclosures via Electronic Delivery” form can be found on the TKPOA website www.tkpoa.com, requested from the front desk at info@ tahoekeyspoa.org, or requested in person at the TKPOA Pavilion Office. Completed and signed forms should be returned to the TKPOA Office at 356 Ala Wai Blvd, South Lake Tahoe, CA 96150. Contact the front desk with any questions at (530) 542-6444. Please join us in our efforts in saving one tree at a time and a potential annual savings of $10,000–$12,000 for the Association!

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THE PURPOSE OF AN

Architectural Control Department (ACD) By Linda Callahan, Architectural Control Department Manager

ACC

IS AN ACRONYM for Architectural Control Committee. The

Architectural Control Department staff (ACD), works for all members of the association under the direction of the Tahoe Keys Property Owners Association General Manager and the Architectural Control Committee.

Architectural Control Committee (ACC)

The ACC is a group of board appointed and qualified volunteer members of the association who are charged with reviewing architectural control submittals and applications. The ACC is comprised of five members: Pat Disney (Chairperson), Tom Spencer, Kirt Willard, Deborah Sherry and Clint Schue. The ACC is a standing committee. TKPOA CC&RS Article III Section 6, Association Rules Item (iii) Architectural Rules states: In addition to the authority conferred upon the Board to adopt Association Rules, the Architectural Control Committee shall be empowered to adopt rules pertaining to matters within the Committee’s jurisdiction in accordance with article VII, Section 6. Keys Breeze

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First Restated Bylaws of Tahoe Keys Property Owners Association Article X, Committees Section 1. The following Standing Committees shall be established and maintained by the Board: (a)Architectural Committee. The Association shall have an Architectural Control Committee comprised of Members and vested with the duties and responsibilities more particularly described in Article VII Section 4 of these Bylaws. The general purpose of the architectural committee is to ensure compliance keeping in mind the aesthetic standards established by the association. In the townhome subdivisions, the ACC is primarily focused on improvements that impact the common areas such as window replacement, balconies, patios and exterior aesthetics. Landscape projects are also reviewed. Within the single family home subdivisions, the committee is concerned with all exterior aesthetics. For example, some of these concerns would include but not be limited to exterior paint, landscape, fences, driveways, boat docks and roofing. These are the types of issues that the ACC is required to regulate. The ACC meet on annually scheduled meeting dates; once a month through winter and every two weeks, spring through fall during the busiest portion of the construction season. Currently they meet on Tuesdays. These dates are available on the TKPOA website at www.TKPOA.com , are posted on the TKPOA Pavilion bulletin board and distributed to all members in the Annual Disclosure. ACC meeting dates are also published in the Keys Breeze.

Architectural Control Department Staff (ACD)

The ACD staff is comprised of two (2) full time employees; Linda Callahan Department Manager and Greg Turle, Compliance Officer. ACD staff is responsible for maintaining the standards set forth by the Architectural Control Committee (ACC), Governing Documents, and the Association Covenants, Controls and Restrictions (CC&Rs). ACD Staff routinely patrol the association properties. During these patrols staff recognizes, records and generates violation notifications to non-compliant property owners and reports to the General Manager and the ACC, any concerns. Staff also checks on submittals and actual progress or completion of projects to ensure the work matches the approved submittal. Staff issues letters and follows established rules to gain compliance following up on these violations in 14 days, speaking to property owners to discuss their “plan of action� and timelines they can commit to.

The general purpose of the architectural committee is to ensure compliance keeping in mind the aesthetic standards established by the association.

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ANNUAL COST OF THE ACC DEPARTMENT 2018 Actual

2019 Actual

2020 Budget

FINES

$12,750

$23,390

$11,449

FEES

$24,350

$27,625

$21,000

TOTAL INCOME

$37,100

$51,015

$32,449

$110,836

$125,490

$135,067

$16,912

$12,927

$16,981

TOTAL EXPENSES

$127,748

$138,417

$152,048

NET COST

$90,648

$87,402

$119,599

PAYROLL INCLUDING BENEFITS ALL OTHER EXPENSES

*Draft numbers pending completion of 2019 Audit

ACC STAFF PERFORMANCE TRACKING/REVIEWING MEASUREMENTS 2017

2018

2019

NUMBER OF APPLICATION SUBMITTALS

335

317

310

FIRST VIOLATION COURTESY NOTICES

631

469

623

SECOND VIOLATION NOTICES

157

66

97

THIRD VIOLATION (HEARING NOTICE)

82

18

35

NUMBER OF COMPLIANCES ACHIEVED

554

433

470

1,294

1,035

1,577

TOTAL LETTERS SENT

Staff also reviews ACC applications to confirm the submitted information is correct and all criteria have been met in order to bring forth to the committee for review and subsequent action. The staff is also tasked with following up on projects to assure they have been built according to submitted and approved plans and within the specified timeframe. Staff is also responsible for preparing agendas and recording minutes for ACC meetings. Additionally, Staff is also tasked with document maintenance and the updating of all ACC documents in dedicated homeowner lot files. Staff is also tasked with reviewing and approving standard application submittals that meet the rule criteria and do not require ACC involvement as directed by the ACC. These staff approved applications are provided for review by the committee at regularly scheduled ACC meetings. Keys Breeze

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Requirement for Architectural Control

Architectural rules/standards (aka “architectural guidelines, “design standards,” etc.) set forth an association’s policies and procedures regulating a homeowner’s ability to make architectural improvements and modifications to the homeowner’s separate interest, as well as to common area and exclusive use common area. Architectural standards are operating rules which may impose additional architectural restrictions in addition to those contained in an association’s CC&Rs, provided that there is empowering language in the CC&Rs to that effect. An architectural standard may not be used to circumvent a contradictory provision contained in the CC&Rs but may be used to clarify ambiguous CC&R provisions. Architectural standards often regulate exterior design elements such as paint colors, exterior finishes, and landscape. Architectural rules establish the procedure through which a homeowner may obtain the association’s approval for desired architectural improvements and modifications. An association’s authority to establish and enforce architectural standards is based on the impact that aesthetics has on the property values of the association’s members. Maintaining a consistent and harmonious neighborhood, one that is architecturally and artistically pleasing to the surroundings, is a benefit to all Association members by maintaining the value of their properties. Preserving the aesthetic quality and property values within the community is an important function of the ACC. Architectural rules are part of an association’s operating rules that are adopted and amended by the Board of Directors. (Davis Stirling (Civ. Code § 4355(a) (2), (6).) The board must therefore comply with the procedural requirements under Civil Code Section 4360 when adopting or amending architectural rules by providing the membership with twenty-eight (28) days’ notice of a proposed change to the architectural rules. For additional questions and concerns contact Linda Callahan at lcallahan@tahoekeyspoa.org or call (530) 542-6444, ext. 239. Keys Breeze

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MARCH 2020

Architectural standards are operating rules which may impose additional architectural restrictions in addition to those contained in an association’s CC&Rs, provided that there is empowering language in the CC&Rs to that effect.

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By Architectural Control Committee THE CITY OF SOUTH LAKE TAHOE (CSLT) has

granted the Tahoe Keys Property Owners Association (TKPOA) an exemption to the VHR Ordinance for mandatory Bear Box requirements. The following is a brief history of how we arrived at this exemption. During 2014, the TKPOA Board of Directors asked the Architectural Control Committee (ACC) to work with staff to draft a Bear/Garbage Management Plan for our Association. The main reasons for the Board’s action were: 1. The resident bear population in the Tahoe Keys had grown to about nine individual animals. 2. The bears were encouraged to stay in the Keys due to the prevalence of uncontrolled human food sources (open dumpster containers at the pavilion and townhomes, open trash containers on common areas, uncontrolled residential garbage at single family homes), and unacceptable behaviors by some residents and their tenants (allowing bear dens on properties and actual feeding of bears). We even found a bear den under the pavilion!

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1. Garbage must be secured away from access from animals at all times. Garbage may only be set to the curb for pick-up after 6 a.m. on Fridays. An exception was provided for non-garbage landscape and construction materials. 2. Property owners, their guests and tenants are encouraged to use animal resistant garbage containers with lock-tops, even on pick-up day. Several species of wild animals can make quite a mess in just few hours when they get into open-topped containers (magpies, raccoons, coyotes, ground squirrels). 3. TKPOA provides a bear-proof dumpster facility for property owners, available 24/7 at the pavilion office. All trash containers on common areas were converted to bearproof designs. Townhome developments were required to convert their open dumpsters at centralized locations to bear-proof designs. 4. TKPOA implemented an Information & Education Plan (I&EP) for its members, visitors, guests and tenants. These handouts are available for download from the TKPOA website or hard copy from the pavilion office. 5. Planting of new fruit trees is prohibited, existing trees may be kept if fruit is harvested and removed when ripe. Outdoor feeding of pets and wild birds and geese is highly discouraged. These too are human provided food sources that can throw-off natures balance. 6. TKPOA Security and ACC compliance officers’ stepped-up enforcement for trash violations. If your garbage is unsecured or on the street before 6 a.m. Friday, TKPOA maintenance crews will remove it and a fee of $75 will be charged. ACC can also levy a fine of up to $250 for each occurrence.

Keys Breeze

BEAR BOX EXEMPTION

To address these issues, TKPOA produced the very first comprehensive Bear/Garbage Management Plan by a private entity here in the Lake Tahoe Basin which stated:

The results were impressive. The dozens of calls and complaints from homeowners and tenants over bear-encounters and break-ins have all but evaporated since 2015. At last count, only 2 to 3 individual bears could be identified as frequenting the TKPOA portions of the Tahoe Keys. So, why did TKPOA ask the CSLT for an exemption from the Bear Box ordinance?

1. Small lots close together. The Tahoe Keys residential developments (single-family and town homes) were designed for high-density use. The lots (parcels) are compact, being generally much smaller than are those found outside the TKPOA. Then consider that up-to 50% of these small (waterfront) lots are actually under the water, in the channels and lagoons. Often there is very little space between lots where they meet at the curb. 2. Putting bear boxes at curbside in areas where driveways of adjacent lots are close presents many problems such as parking access, snow storage, first-responder access, etc. 3. If all TKPOA properties had a double bear box at curbside, in many areas property owners would feel like they are hemmedin by a “wall-of-steel”. So, this is also an aesthetic consideration. 4. Part of the CSLT ordinance requires multiple-boxes for VHRs, depending upon the allowed over-night capacity. There are about 300 VHRs in the TKPOA. Enclosures for as many as 2, 4 or even 6 standard trash cans would be required at each VHR property. 5. The ACC and Board of Directors correctly determined that TKPOA property owners had several viable options for properly securing and removing human garbage without the need for bear boxes. Property owners renting their properties routinely require cleaning crews to remove garbage between tenant reservations; TKPOA maintains community bear-proof dumpsters 24/7 at the pavilion; South Tahoe Refuse (STR) provides for free drop-off of garbage at its Ruth Avenue facility (easy access for owners and guests leaving town). |

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6. Bear boxes are the most costly option for storing and removing solid waste. Not only do they cost about $1,000 per double-can enclosure to install, they forever cost about 3–4 times more to service/pick-up. 7. Why are bear boxes more costly to service? The average “stop time” for STR trucks removing garbage set-to-the-curb on pick-up day is about 10 seconds, while the average “stop time” to service a double-can bear box is about 25 seconds due to the bear box needing to be opened (unlocked) and each container checked for contents. Think about a VHR having up-to 4 or 6 cans to check! Then the boxes must be re-secured (locked) before the truck can proceed to the next stop. Now consider that about 60–70% of all single-family homes are unoccupied during any given week. Potentially, if every TKPOA single-family home had one double-can bear box, needing to be checked weekly, year-round, our collection costs would soar! 8. The bottom line for those wanting bear boxes is for personal convenience. They could avail themselves of the several options for proper storage and removal of garbage. Think of the property owner with a bear box who uses their home 5–10 weeks a year...but expects their surrounding neighbors to “look at” the installation 52 weeks a year, then help pick-up the extra cost of the special servicing STR requires of the bear box. 9. If at some point in the future, STR makes provisions for servicing bear boxes beyond the 20’ front set-back, and is willing to charge that resident the appropriate amount for this extra service, we may be able to make more general use of bear boxes. Currently STR depends on a fee design where all customers underwrite the total cost of collection, much like an insurance company. 10. TKPOA and the ACC are committed to working with our property owners to help them to properly secure and remove the garbage portion of their solid waste. Please check with ACC if you need assistance in this regard. ACC does make allowances for special storage designs, but they are not allowed within the 20’ front setbacks and may need to be screened from view.

Any questions can be forwarded to Linda Callahan, Architectural Control Department Manager at Lcallahan@tahoekeyspoa.org or by calling (530) 542-6444, ext. 239.

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PROPERTY OWNERS ASSOCIATION 356 ALA WAI BOULEVARD • SOUTH LAKE TAHOE CA 96150 530-542-6444 • TAHOEKEYSPOA.ORG

NOTICE OF BOARD of DIRECTORS VACANCY February 24th, 2020 The Tahoe Keys Property Owners Association (TKPOA) has one vacancy on its seven-member volunteer Board of Directors and will be accepting Nomination Forms from qualified members in good standing of the Tahoe Keys Property Owners Association. The Board of Director vacancy is for the remainder of the 2019– 2020 Board Term until September 2020. Interested applicants must submit a Self-Nomination Form and a resume showing relevant experience no later than 4:30 p.m. on March 16th, 2020 in order to be considered. Forms and resumes can be submitted by mail to 356 Ala Wai Boulevard, South Lake Tahoe, CA 96150, in person at the TKPOA Office at the same address, or by email to ALaTella@tahoekeyspoa.org. Please call (530) 542-6444, ext. 223 for further information. A subcommittee of the Board of Directors may interview interested applicants between April 13th, 2020– April 17th, 2020 and they may identify the top three candidates for interview by the full Board of Directors at its April 18th, 2020 Executive Session. An appointment to fill the vacant director position, as allowed under Article VII, Section 6 (e) of the TKPOA Bylaws, will be considered at the regular meeting of the Board of Directors to be held on April 18th, 2020 at 2:00 p.m., at 356 Ala Wai Boulevard, South Lake Tahoe, CA 96150. TKPOA BYLAWS ARTICLE VII Board of Directors Section 6.Vacancies on Board of Directors. (e) Filling of Vacancies: Vacancies on the Board of Directors shall be filled by a majority vote of the remaining directors though less than a quorum, or by a sole remaining director unless the vacancy is created through removal of a director in which case the vacancy shall be filled by the affirmative vote of a majority of the Members represented in person or by proxy at a duly held meeting of the Members or by written ballot in accordance with Article IV, Section 5 hereof.

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2020 Vacation Home Rental (VHR) TKPOA Permit CONTINUED FROM PAGE 3

Minutes are not required or recorded for these meetings. The Board of Directors have only scheduled Forums when they feel there are important topics for discussion or a TKPOA Committee has an important topic to present. The TKPOA is communicating these Town Hall Forums, the topics and the dates scheduled via: the Keys Breeze, flyers posted at the Pavilion, on the TKPOA website www.tkpoa.com, and through our email eblast list so it is important that you have a current email listed in our data base to receive these messages. Please contact the front desk to update or add your email to our data base and receive email eblasts from TKPOA. The TKPOA VHR Permit Program started at the March 18th, 2016 Board of Directors Regular Open meeting, when the Board adopted the “Owner, Renter, and Vacation Policy, Rules, and Regulations.” This policy requires all TKPOA property owners that utilize their property as a Vacation Rental, to pay an annual fee for a TKPOA VHR Permit. These TKPOA property owners are also required to obtain a City of South Lake Tahoe

development process. During this process decisions are required to be made to provide a “net zero” Annual Budget and provide the level of service to all TKPOA property owners as agreed upon by the Board of Directors. The budget process starts in June and ends in October each year with numerous meetings from Finance Committee Meetings, Board Meetings, and Joint Board Meetings with the Finance Committee and Regular Open Board Meetings that are open to all property owners to attend.

TKPOA VACATION HOME RENTAL PERMITS 2017 Actual

2018 Actual

2019 Budget

VHR PERMITS – TOWNHOMES

108

100

94

73

94

VHR PERMITS – SINGLE FAMILY HOMES

202

190

181

157

181

VHR PERMITS – TOTAL

310

290

275

230

275

(CSLT) Vacation Rental Permit. The goal of this program is to increase the enjoyment of the Tahoe Keys for all property owners, their family members, and guests. Notification of the TKPOA VHR Permit Annual Fee is provided each year to the TKPOA members through the annual billing and the Annual Disclosure mailing. If members join during the calendar year they are still responsible for the entire fee, and will not be offered a prorated fee. TKPOA property owners who have been identified as a VHR based on the CSLT’s Vacation Rental Permit list will also receive a letter, invoice and additional information on TKPOA’s VHR Permit Program. There are a number of important issues the TKPOA Board of Directors, Finance Committee and TKPOA Staff review each year as part of the Annual Budget Keys Breeze

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2019 Actual 2020 Budget

Since the City of South Lake Tahoe VHR program started in 2016, the TKPOA has monitored and learned the activities and the effect this program has on the TKPOA as a business and on our property owners use and enjoyment of their property. Needless to say, it has been in evolving process with a lot of moving parts and ongoing changes that have brought us to this point. The Board of Directors approved a $700 Annual Fee for 2020 at the October 19th, 2019 Board of Directors meeting. The Vacation Rental Fee of $700 per property is for the administration and support of vacation rental properties, enforcement of the “Owner, Renter, and Vacation Policy, Rules and Regulations,” and to defray the increased costs of operating and maintaining TKPOA’s Common Amenity Facilities. MARCH 2020

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TAHOE KEYS PROPERTY OWNERS ASSOCIATION Year

Cost Per Unit

Period

2016

125

6 Months

2017

250

YEAR

2018

350

YEAR

2019

400

YEAR

2020

700

YEAR

The TKPOA Board of Directors has implemented this annual fee based on the provisions of the Davis-Stirling Act Civil Code section§5600. Duty to Levy Assessments; Fees to Defray Costs. Pursuant to this code section, the Association is authorized to assess fees to offset costs, as it has done in this instance. The leading Court opinion of Watts vs. Oak Shore Community Association supports the authority of California community associations to assess charges or fees based upon a good faith estimate of the costs to the association. An association is authorized to adopt and impose fees for property owners who engaged in short-term rentals. “An association shall not impose or collect an assessment or fee that exceeds the amount necessary to defray the costs for which it is levied.” California Case Law has allowed California Associations the ability to provide a good faith estimate that would be sufficient to determine this charge or fee. The Watts opinion specifically details the Courts support for an association’s ability to set rental fees. In fact, the Court rejected a similar attempt to label a “garbage fee” as a Civil Code Section 4355 Operating Rule. “The garbage fee is not a regulation. It is simply a cost the Association passes through to the owners of the developed lots. Watts claims the Board adopted or increased fees and fines by simply including them in the budget. But he cites no authority prohibiting the Board from adopting or increasing fees and fines in that manner. ”Based upon the above case law and existing Civil Codes, a “good faith estimate is sufficient to determine a charge or fee.” The TKPOA Managers and Supervisors utilized the following documentation and TKPOA systems to determine the current and past “Good Faith Estimates” over the years: • Based on tracking with our Recreational Pass Computer System, and Pool Sign In Sheets • Based on tracking with the Security Reporting Security System SAL or Security Activities LogBased on tracking frequency of recordable events manually in certain departments that are reported on monthly Keys Breeze

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• Based on percentage allocation of work load and time spent • Based on reporting for PAYCHEX time keeping system • Based on work order reporting, expense tracking from our TOPS Property Management System, and monthly financial reporting • Based on our Accounting Reporting and Reserve Data Based Management Software The 2020 VHR Permit Fee “Good Faith Estimate” was discussed and reviewed with the TKPOA Board of Directors prior to setting the 2020 VHR Permit Fee of $700, with direction from the Board to review and reconcile the costs as presented by the TKPOA staff. A copy of this TKPOA 2020 VHR Permit Fee – Good Faith Estimate, and the Town Hall Forum Presentation is available on the TKPOA website at www.tkpoa.com, under the Documents File, Finance Committee - Budgets, and Budget 2020 File. The Good Faith Estimate and procedural approval of this fee have also been reviewed and approved by the Association’s legal counsel. The Board of Directors will review the 2020 VHR Permit Fee of $700, during the January–April time period as a noticed agenda item for the Regular Open Board Meetings at 2:00 p.m. on Saturday. [January 18th, 2020, February 15th, 2020, March 21st, 2020 and April 18th, 2020]. As of now, the Board is requiring the payment of $400 for the 2020 VHR Permit Fee by December 31st, 2019. The remaining $300 of the 2020 VHR Permit Fee of $700 will be under review and, if approved, will be due by April 18th, 2020. The Board of Directors is also discussing scheduling another Town Hall Forum in late March or early April 2020. To receive additional information on TKPOA’s VHR Permit Program please contact Operations Manager Heather Blumenthal at (530) 542-6444, ext. 228 or via email at hblumenthal@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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WATER QUALITY SPECIAL ASSESSMENT AT THE SATURDAY FEBRUARY 15TH, 2020 TKPOA Board of Directors Regular Open

Meeting, the Inspector of Elections reported that we did not make quorum for the Water Quality Committee’s (WQC) Vote to Replace the “Second Payment” Special Assessment ballot by the February 12th, 2020 at 4:30 p.m. PDT deadline. The quorum requirement for this vote is 761, as of February 12th, 2020 we have received 739 valid ballots. The Board of Directors approved a motion made by the Inspector of Elections to extend the voting deadline to March 19th, 2020 at 4:30 p.m. PDT. Ballots can still be submitted at the Pavilion Ballot Box and mailed to the Inspector of Elections Post Office Box. The new time for the ballot counting will now be March 21st, 2020 at the Scheduled Regular Open Meeting to begin at 2:00 p.m. Property owners can observe the ballot opening and counting starting at 2:00 p.m. at the TKPOA Pavilion.

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BALLOT COUNTING WILL NOW BE MARCH 21ST, 2020 AT THE SCHEDULED REGULAR OPEN MEETING

If you have any questions about the WQC’s Vote to replace the “Second Payment” Special Assessment,” contact Angela LaTella – Administrative Assistant for information at (530) 542-6444, ext. 223 or by email at ALatella@ tahoekeyspoa.org.

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THE NEW TIME FOR THE

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TO BEGIN AT 2:00 P.M.


Accounting

Report

By Don Havard, Accounting Manager THE ASSESSMENT PAYMENT SCHEDULE is located towards the back of every issue of 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 February 15th, 2020 open meeting, the TKPOA Board of Directors 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. There were no Financial Statements for review and approval as the Annual Audit is currently being conducted for the Fiscal Year 2019. The Board of Directors approved a contract with Gilbert and Associates to conduct the 2019 Annual Audit at the January 18th, 2020 Board of Directors meeting. The TKPOA Annual Disclosure and 2020 Budget was mailed out November 1st, 2019, and is also available on Keys Breeze

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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 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). MARCH 2020

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REVIEW OF THE

2019

Employee Work Safe Program

By Heather Blumenthal, Operations Manager

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TKPOA STAFF HAS COME TO THE CLOSE OF THE 2019 WORK SAFE PROGRAM. TKPOA staff has been successful in achieving 365 days without recording a lost time from a work accident! The number of medical-only workers compensation claims was reduced from five (5) for 2015 to two (2) for 2016, increased to three (3) for 2017, decreased to zero for 2018, and increased to two (2) for 2019. A lost time from work accident is an accident or injury that causes an employee to miss time from work. A medical only accident is an accident based on an accident or injury that resulted in an employee visiting their doctor or the emergency room for treatment; however the injury was not severe enough to cause the injured employee to have to miss time from work. TKPOA strives to prevent all injuries and accidents, however, lost time from work accidents tend to be more severe and are more costly to the injured employee and the Association. TKPOA’s Work Safe Program was implemented in 2015 and introduced regular monthly safety meetings and annual safety trainings that have assisted in reducing employee accidents and injuries, therefore creating a safe and healthy work environment for all Staff and TKPOA Volunteers. In 2019, TKPOA conducted a total of two (2) Injury Illness Prevention Program (I.I.P.P.) trainings to include new employees and to achieve the required annual retraining for all employees. The first scheduled date for I.I.P.P. training in 2020 will be held in June and will include seasonal summer staff. Maintaining a safe and healthy work environment has also assisted in reducing costs to the Association and we are looking forward to another successful year in 2020 by continuing to reduce TKPOA’s ex-mod rate for our Workers Compensation Insurance. TKPOA’s Workers Compensation Insurance premium is based on our Experience Modification (ex-mod) rate which is directly affected by the amount and severity of lost time and/or medical only accidents and claims filed within a five year period. Since 2015, the TKPOA Board of Directors, Management, and Staff have worked to bring TKPOA’s ex-mod rate down in order decrease our annual Workers Compensation Insurance premium. For the 2019–2020 policy period, TKPOA’s exmod rate is set at 0.98, a 0.23 decrease from the 2018–2019 policy period, which resulted in a $25% (approximately $15,000) decrease in our annual Worker’s Compensation Insurance premium. For the upcoming 2020–2021 renewal period, TKPOA’s ex-mod rate has decreased for the third year in a row from 0.98 to 0.81 and it is anticipated this will result in additional cost savings for TKPOA come renewal time in June 2020. In 2019, Staff did include additional Safety Tailgate Meetings for the Water Company, Water Quality, Maintenance and Landscape Departments. Staff has met with these department managers to review the Tailgate Safety meeting program and get their feedback on the effectiveness of the additional meetings held. The manager’s responses and comments helped determine the departmental needs for additional and specific department training. The Tailgate Meetings are held in addition to monthly safety meetings as required by the Work Safe Program for all departments.

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ACC by the Numbers By Linda Callahan, Architectural Control Department Manager

I WOULD LIKE TO TAKE THIS OPPORTUNITY to thank the Architectural Control Committee (ACC) members Deborah

Sherry, Pat Disney, Kirt Willard, Tom Spencer and Clint Schue, who served as volunteers on the ACC in 2019. Once again the ACC has done a great job and contributed many hours making 2019 a very productive year. The ACC worked tirelessly and drafted a number of rule and policy changes for the Board of Directors to review in 2019 and upcoming in 2020. The committee also held 17 meetings, two workshops and reviewed and approved 310 projects. The Architectural Control Department (ACD) staff performed exceptionally in 2019 by generating 623 first violation notices and achieving 433 compliances for a compliance percentage of 92.32 %. Staff also conducted 28 hours of boat patrols, performed 543 second inspections (including carry over from previous year), 198 third inspections and generated a total of 1,035 department mailings. In closing, if you happen upon any of our ACC members, please thank them for contributing their time and efforts in making 2019 a successful year for all TKPOA members. All TKPOA members benefit from their time and commitment to protecting property values.

2019 ACC VIOLATIONS BY CATEGORY BOAT DOCK

20

FENCE

32 -

LAGOON BANK / REVETMENT WALL LANDSCAPE

83

LIGHTING

15

HOLIDAY LIGHTING OR DISPLAYS

24

PAINT

49

PROPERTY MAINTENANCE

55

TRASH - GARBAGE

16

STORAGE

34

MAILBOX

37

ROOF

0

WATERING

84

FIRE PITS

14

DRIVEWAY MAINTENANCE

151

SATELLITE DISH

1

PARKING

5

ALTERATIONS WITHOUT APPROVAL

3

MISCELLANEOUS

623

TOTAL

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