TKPOA COVID-19 OPERATIONS UPDATE PG. 3
WATER QUALITY SPECIAL ASSESSMENT REPLACEMENT BALLOT RESULTS PG. 21
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
MAY 2020
Tahoe Key s P r oper ty Owner s Ass oc iation
2020 BOARD OF DIRECTOR ELECTION PG. 4
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
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Here is your Tahoe Keys April 2020 comparison: SINGLE FAMILY SOLDS: AVG. SOLD PRICE: SOLD DOM: % OF ASKING PRICE: ACTIVE: MEDIAN LIST PRICE: AVG DOM:
APRIL
20
TOWNHOUSES
1 $835,000 ($521/sq. ft.)
SOLDS: AVG. SOLD PRICE:
234 93%
SOLD DOM: % OF ASKING PRICE:
16 $1248,500 ($567/sq. ft.)
ACTIVE: MEDIAN LIST PRICE:
106
AVG DOM:
APRIL 20
1 $200,000 ($344/sq. ft.) 63 89% 8 $475,000 ($387/sq. ft.) 151
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
Shangri La at water’s edge best describes this unique Tahoe Keys waterfront home. $2,495,000
Low inventory and high demand. Keys Breeze
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It is time to2 list! Make us your choice. |
MAY 2020
COVID-19
OPERATIONS UPDATE By Kirk Wooldridge, TKPOA General Manager
AS THIS COVID-19 PANDEMIC CONTINUES
COVID-19 Operations Update
with no end date the Tahoe Keys Property Owners Association (TKPOA) THE TKPOA STAFF HAS has made some adjustments in staffing WORKED WITH OUR and services available. The TKPOA staff has worked with our Information INFORMATION TECHNOLOGY Technology contractor to enable those CONTRACTOR TO ENABLE essential TKPOA staff members that can work remotely with the required THOSE ESSENTIAL TKPOA technology. The TKPOA has trained STAFF MEMBERS THAT CAN those on-site essential staff on required COVID-19 guidelines which include social WORK REMOTELY WITH THE distancing, use of separate vehicles, use REQUIRED TECHNOLOGY. of gloves, masks and sanitizers. Based on the current safety precautions, amenity closures and workload the TKPOA has adjusted it staffing levels through layoffs and furloughs as follows:
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2020 Board of Directors Election 4 Coming Together for a Tahoe Strong Response to COVID-19
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2020 Board Actions Summary
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Where in the Universe
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TKPOA Calendar
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Notice of Annual Meeting
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Wildfire Mitigation
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TKPOA Projects Status
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Ballot Results
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Accounting Report
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Notice of Change in Operating Rules 26 ACC Rule of the Month
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TKPOA Election Rules, Voting Procedures and Director Qualifications
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• • • •
Two part-time front desk staff members (without pay) One administrative staff position (without pay) Eight part time pool attendants (without pay) Four water quality AIS staff (without pay) CONTINUED ON PAGE 14
The Keys Breeze Magazine IS THE OFFICIAL PUBLICATION OF THE TAHOE KEYS PROPERTY OWNERS ASSOCIATION 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. COVER PHOTO: Webb Canepa Printed on recycled paper with soy-based inks.
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
Steven Shepherd, DIRECTOR
Bill Spicer
Melvin Meyers, DIRECTOR
Pool Supervisor (530) 545-4124
Operations Manager, Ext. 228
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Vacant
Security (530) 545-0847
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Michael Keller, DIRECTOR
2020 BOARD OF DIRECTORS ELECTIONS
The time is here for the TKPOA seeking 2020-2022 volunteer candidates for the four seats on the Board of Directors that will be vacated at the end of the current term of office. A mailing to all members will be sent out on April 27th, 2020 announcing the upcoming election and requesting you to volunteer your services as a TKPOA Board Member through the Self Nomination process. Board Member duties include preparing for and participating for approximately 12 Open Board Meetings during the year, 12 Executive Session Meetings during the year, serving as liaison to a standing committee, and participating in Town Hall Forums and other meetings to represent the Association and to seek input from members. In order to be eligible to run for election to the Board of Directors you must be a member in good standing and not be delinquent in the payment of assessments as of May 29th, 2020. Only one owner per lot shall be eligible to serve on the Board at any time (TKPOA Restated Bylaws Article VII Section 2: Number and Qualification of Directors.) Candidates MUST be self-nominated by no later than May 29th, 2020 at 4:30 pm in order to be included on the ballot. To receive additional information on Board candidacy please call Heather Blumenthal at 530.542.6444 Extension 228 or email at HBlumenthal@tahoekeyspoa.org. Keys Breeze
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NURSES WEEK May 6-12 HOSPITAL WEEK May 10-16
Go #BlueForTahoe Essential Workers
Join us in sharing gratitude for all the essential workers keeping us safe during the COVID-19 crisis. Use the hashtag #BlueforTahoe on social media or email publicrelations@bartonhealth.org.
Suggestions for gratitude include: • Words of encouragement or appreciation • Stories from the heart • Photos of individuals wearing blue to support essential workers • Drawings from children • Photos of blue ribbons
Thank You Tahoe Heroes. #BlueForTahoe Facebook.com/BartonHealth Twitter.com/BartonHealth Instagram.com/BartonHealth PublicRelations@BartonHealth.org
Coming Together FOR A TAHOE STRONG RESPONSE TO COVID-19
Chris Kiser is the Executive Director of the Barton Foundation.
THE OUTPOURING OF SUPPORT the Lake Tahoe community has
shown for one another is inspiring. When the Barton Foundation launched the COVID-19 Response Fund to help local residents impacted by the coronavirus outbreak, generous donations from community members have provided financial assistance to hundreds of local families, first responders, and frontline healthcare workers to-date. The COVID-19 Response Fund provides flexible and discretionary resources for community members facing financial hardship from impacts of the coronavirus, such as food delivery; support for front-line healthcare workers and first responders facing financial pressures; assistance for seniors and other vulnerable home-isolating patient populations; and resources to offer shelter and hygiene products for those in need.
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During these challenging times, a common request from grant applicants is the need for food. The Barton Foundation and its Board of Trustees are taking an additional step to help address food insecurity in our community; and have organized a food drive to help Christmas Cheer replenish their food supply. Non-perishable food items may be dropped off at the Foundation’s collection site, located at 2092 Lake Tahoe Blvd., between 9:00 a.m.–3:00 p.m., Monday through Friday. The Barton Foundation will deliver the donated food items to Christmas Cheer who will then distribute them to community members in need. The challenges and hardships from the coronavirus crisis will be ongoing. The Barton Foundation continues to accept donations to the COVID-19 Response Fund in order to address the lingering food insecurity issues of those in our community who have been disproportionately impacted by the pandemic. Barton Health’s Board of Directors understands the importance of supporting food insecurity, and
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has increased matching funds from Barton Health to $150,000. In hopes of inspiring continued philanthropy in our community, members of both Barton Health’s Board of Directors and the Foundation’s Board of Trustees have generously contributed as well. Thank you to all who have helped Barton Health’s and Barton Foundation’s efforts to support community members and healthcare workers affected by the coronavirus. This includes everyone who donated handsewn masks as well as other personal protective equipment, along with the many donors who contributed to the COVID-19 Response Fund. More information about the Barton Foundation’s efforts to address COVID-19, including the COVID-19 Response Fund grant application process is available at bartonhealth.org/foundation, or by calling (530) 543-5612. And if you or a loved one are experiencing symptoms of respiratory illness, call Barton’s COVID-19 Health Hotline: (530) 600-1999.
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2020
BOARD ACTIONS SUMMARY By Heather Blumenthal, Operations Manager
APRIL 4TH — EXECUTIVE SESSION (RESCHEDULED FROM MARCH 21ST) BOARD ACTIONS • Reviewed personnel matters. • Reviewed nine member disciplinary matters including three disciplinary hearings. • Reviewed 13 legal matters. • Reviewed two contracts, no new contracts were approved. • Approved posting the revised TKPOA Election Rules in the May Keys Breeze for a 28 day membership review period. • Appointed Joe Sherry, Sean Ward and Michael Keller to a VHR Program and Fees Ad-hoc Subcommittee.
APRIL 4TH — BOARD OF DIRECTORS MEETING (RESCHEDULED FROM MARCH 21ST) BOARD ACTIONS • Appointed Steven Shepherd to fill the Board of Directors vacancy for the remainder of the 2018– 2020 term. • Approved the unaudited December 2019 Financial Statements and January 2020 Financial Statements. • Approved publishing the Architectural Control proposed rule changes for a 28 day member review period. • Postponed the due date for the revised Water Quality Special Assessment to June 1st, 2020. • Approved the purchase of (2) LG Sonic E-Line XL Ultrasound Packages for an approximate total cost of $9,910 to be funded from the Water Quality Special Assessment Funds, with the contingencies that the AIS Management Coordinator verify that cheaper options that meet TKPOA’s needs are not available. • Approved the purchase of (1) Weedo Tigercat, (1) Weedo Aqua Harvester, and (1) Weedo Mobile Conveyor Belt for an approximate total cost of $154,050 to be funded from the Water Quality Special Assessment Funds. • Approved the Water Quality Yellow Pond Lilly Abatement Project for $21,832 to be charged to the Water Quality Special Assessment Funds, Water Quality Operating Funds, and the City of South Lake Tahoe (CSLT). • Rescinded the June 12th, 2019 Street Light Project approval for $237,097 and approved a revised TKPOA Street Light Replacement Project and approved the purchase from Wesco Distributors for 150-RAB 54 watt Light Emitting Diode (LED) Bulbs, 30 RAB 100 watt LED bulbs, and 30 RAB surge protectors to be installed by the Tahoe Keys Water Company for a total of $24,851.29 to be funded out of the Common Reserve Fund.
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• • • •
Approved the Tahoe Keys Blvd Median Project Committee Charter as presented. Appointed Pat Disney as the Chairperson of the Tahoe Keys Blvd Median Project Committee. Approved the Bylaws and CC&Rs Communication Ad-hoc Subcommittee Charter as presented. Appointed members Brad Haskin and Stephen Kay to the Bylaws and CC&Rs Communication Ad-hoc Subcommittee. • Appointed member Bryan Welsh to the Finance Committee.
APRIL 18TH — EXECUTIVE SESSION BOARD ACTIONS • Reviewed four personnel matters. • Reviewed seven member disciplinary matters including two hearings. • Reviewed 11 contracts; Approved a contract renewal with Ray Morgan for the Pavilion office Ricoh Copier for a 60 month (or 5 year) term at an estimated cost of $800 per month. • Reviewed five legal matters including ongoing issues with the Tahoe Keys Marina and Yacht Club (TKM&YC).
APRIL 18TH — BOARD OF DIRECTORS MEETING BOARD ACTIONS • Approved the 2019 Annual Audit Report. • Approved the 2020 third and fourth quarter assessment for all TKPOA property owners to a $677 quarterly assessment due to the membership approval of the 2020 Water Quality Revised Special Assessment – “Second Payment”. • Approved Mountain View Lawn and Garden for the TMS Asphalt Walkway Replacement with Pavers (Phase III) Project for $58,320 plus a $5,832 contingency for a total of $64,154 to be funded out of the TMS Reserve Fund. • Approve infrastructure improvements to conduct an engineers inspection of the Lake Tallac stormwater diversion structure for $7,500 to be funded from the Water Company Professional Services account #51700 subject to removing Item 4 “Assumptions” from the contract. • Appointed Tania Green, Mountain Postal, as the Inspector of Elections for the 2020–2021 Board of Directors Annual Election. • Set the record date for the TKPOA property owner voting list for 2020–2021 Annual Board of Directors Election as July 6th, 2020. • Approved the Vacation Home Rental Program Ad-hoc Committee Charter. • Appointed Ken Silveira to the Bylaws and Communication Subcommittee.
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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!
Linda Mueller in Zermatt, Switzerland.
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. Keys Breeze
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Looking to buy or sell in the Tahoe Keys? Contact Michael Keller for proven results • 2019 South Tahoe MLS Top Independent Michael Keller Individual Broker in Sales Volume BROKER/OWNER • Full service independent broker Keller Properties • Creative marketing & competitive rates 530-307-0027 • TKPOA homeowner/full time resident Michael@TahoeKeysRealty.com • 2020 TKPOA Board Director CA Broker# 01374418
FOR MORE INFO MAY 2020
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www.TahoeKeysRealty.com
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TKPOA CALENDAR FOR MAY 2020 AND BEYOND May 2020
12 ACC Meeting 9:00 a.m. 16 Board of Directors Exec. Session 8:00 a.m. 16 Board of Directors Regular Mtg. 2:00 p.m. 26 ACC Meeting 9:00 a.m. 28 Town Hall Forum TBD Water Quality Committee TBD Tahoe Keys Blvd. Median Subcommittee TBD Bylaws and CC&Rs Communication Subcommittee TBD Vacation Rental Program Ad-hoc Subcommittee TBD
June 2020
16 ACC Meeting 9:00 a.m. 20 Board of Directors Exec. Session 8:00 a.m. 20 Board of Directors Regular Mtg. 2:00 p.m. 30 ACC Meeting 9:00 a.m. 25 Town Hall Forum TBD Water Quality Committee TBD Tahoe Keys Blvd. Median Subcommittee TBD Bylaws and CC&Rs Communication Subcommittee TBD Vacation Rental Program Ad-hoc Subcommittee TBD
NOTE: All meetings will be held at the TKPOA Pavilion, 356 Ala Wai Blvd., South Lake Tahoe unless otherwise noted. Until further notice, all meetings will be held via conference call and/or webinar. Please contact the TKPOA front desk at (530) 542-6444 for details on member attendance.
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.
LIC #369533
General Engineering PO Box 8233 South Lake Tahoe
INC
BOAT DOCKS
530-541-1111 BOATDOCKSINC.COM • CUSTOM DESIGNS • FLOATING DOCKS • FIXED DOCKS • SUPPLIES • • RETAINING WALLS • RAMPS • DECKS • PILINGS • REPAIRS • BUOYS • • MAINTENANCE • SALVAGE • RELOCATION • POLYURETHANE FLOATS •
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PROPERTY OWNERS ASSOCIATION 356 ALA WAI BOULEVARD • SOUTH LAKE TAHOE CA 96150 530-542-6444 • TAHOEKEYSPOA.ORG
NOTICE OF ANNUAL MEETING In accordance with the Bylaws and the adopted Election and Voting Rules of the Tahoe Keys Property Owners Association, the 57th Annual Membership Meeting will be held on
Sunday September 6th, 2020 at 9:00 a.m. TKPOA Pavilion located at 356 Ala Wai Boulevard, South Lake Tahoe Given the Association’s history of not reaching quorum for the initial annual meeting attempt, and the likelihood that this year will not be any different, be advised that the adjourned annual meeting date will be set for
Saturday September 12th, 2020 at 9:00 a.m. The purpose of the meeting is to hear reports on the state of the Association and to introduce the newly elected Association Directors for the 2020–2022 terms. The meeting will be convened promptly at the time noticed above.
We hope all members will attend the meeting.
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Chico Incline Village/Crystal Bay Reno Sacramento South Lake Tahoe Truckee Zephyr Cove
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)
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
CONSTRUCTION LAW | BUSINESS LAW ESTATE PLANNING | REAL ESTATE LAW | FAMILY LAW
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 |
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COVID-19 OPERATIONS UPDATE CONTINUED FROM PAGE 3
• In addition to these layoffs and furloughs numbers
part time schedules have been adjusted to minimum hours as required.
The TKPOA Board of Directors has not approved any additional severance pay for any laid off or furloughed positions. The TKPOA will continue to monitor the staffing levels of the onsite and remote staff to determine if additional layoffs are required due to safety precautions and current workload. Due to the Governor of California’s Executive Order N-33-20 the TKPOA Pavilion office will continue to be closed until further notice. As a precaution to prevent the spread of COVID-19, and to protect the health and safety of our residents and staff, the TKPOA Pavilion office will be closed to the TKPOA property owners and the public. The TKPOA indoor pool, playground, tennis court and pickleball courts are closed until further notice. TKPOA staffing and expenses haves been adjusted due to these closures. Our TKPOA essential staff are still working behind the scenes and will be available by phone, email and online during regular business hours of 8:30 a.m.–4:30 p.m., Monday–Friday (Closed Saturday and Sunday). The TKPOA will continue to provide essential services as required from the water company, facilities, security and administration departments. Various cities in California have included the following in their definition of essential businesses: Plumbers, electricians, exterminators, custodial/janitorial workers, handyman services, funeral home workers and morticians, moving services, HVAC installers, carpenters, landscapers, gardeners, property managers, private security
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personnel and other service providers who provide services to maintain the safety, sanitation and essential operation to properties. California Community Associations and their management companies should continue to operate. The March 19th, 2020 memorandum from Department of Homeland Security referred to in the California Governor’s Executive Order allows for workers needed to ensure continuity of building functions, including security further defines the essential services required.
MEETINGS
The Board of Directors and Committee meetings will be held as web hosted conference calls, please look for the details on how to attend on the TKPOA website at www. tkpoa.com. Town Hall Forums have been suspended until further notice or will also be held as a web hosted conference call. The Architectural Control Department (ACD) of the TKPOA is still accepting Architectural Control Committee (ACC) application submittals for review. Please submit your applications by either dropping them off at the Pavilion located at 356 Ala Wai Blvd, South Lake Tahoe through the mail slot next to the front door, by mail via USPS or via email. Email applications to Lcallahan@tahoekeyspoa.org. ACD staff will get back to you with your application status. Please don’t forget to include the review fee with the application. The TKPOA accounting department is available via email or phone while this temporary closure is taking place. As a reminder the TKPOA staff would like to suggest a couple of ways you can pay your assessments online.
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Use the TKPOA website, www.tkpoa.com, to pay online. • Registration is easy. Click on the blue “PAY ONLINE” button to get started. • Payments can be set up using checking accounts (free) or credit cards (3.5% fee). • If you need help, support from our 3rd party payment vendor is available 24/7 at (866) 729-5327 or contact Lisa in the TKPOA accounting office Monday–Friday, between 8:30 a.m.–4:00 p.m., at (530) 542-6444, ext. 222. • Make a one-time payment or set up recurring automatic payments.
If available from your bank, set up bill pay with your bank’s online website. Every bank is a little different, but most of them offer an “online bill pay” service that will send payments to which ever payees you choose. • This service is often free but check with your personal bank for details. • Make one-time payments or set up recurring automatic payments. • The bank will actually mail out a paper check, so schedule your payment with enough time for it to arrive at your selected payee by mail. The TKPOA administrative staff will be available by phone at (530) 542-6444 from 8:30 a.m. until 4:30 p.m., Monday–Friday (Closed Saturday and Sunday) or via email at info@ tahoekeyspoa.org. The TKPOA Security department can be reached at (530) 545-0847 and in the event of a true medical emergency—Call 911. The TKPOA Water Company can be reached at (530) 3184268 (24 hours). With the current situation with COVID-19 and staff reductions, the existing TKPOA staff will make its best efforts to meet the needs of our TKPOA property owners. The TKPOA sincerely appreciate the patience and understating of everyone concerned as we make accommodations to conduct business using best practices to protect public health. For more information on the South Lake Tahoe Coronavirus update on the Barton Health website https://www.bartonhealth.org/tahoe/coronavirus-update.aspx or contact the Barton’s COVID19 Clinical Health Line at (530) 600-1999.
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Wildfire Mitigation/Liberty Utilities By Eliot Jones, Wildfire Prevention, Liberty Utilities ALL LIBERTY UTILITIES SERVICE AREAS have been designated
either "High" or "Very High" Fire Hazard Severity Zones by CAL FIRE, meaning that the possibility of a wildfire is at an elevated risk due to our region's environment and likelihood to burn. This fire hazard designation, in combinations with the abnormally dry winter, puts our communities at risk for an accelerated and prolonged fire season. It is imperative now more than ever to implement safety measures to protect our vulnerable communities. That is why Liberty Utilities is taking action to protect you and your family from the risk of wildfires related to electric infrastructure, including vegetation management, infrastructure upgrades and Public Safety Power Shutoffs.
HERE’S WHAT YOU NEED TO KNOW Vegetation Management
Liberty Utilities crews are deployed year-round throughout the region to inspect trees and vegetation in the vicinity of power lines. In compliance with state law and safety best practices, crews are instructed to prune branches and vegetation back to a minimum of 12 feet from the power lines to ensure adequate clearance is maintained over the three-year maintenance cycle period. We also partner with arborists to identify dead and/or dying trees that pose a risk of falling into power lines or other utility infrastructure. Our vegetation management efforts are the first line of defense in mitigating electric wildfire risk associated with power infrastructure. Liberty Utilities invests approximately $5 million per year to diligently reduce vegetation-related risk around power lines. Tree trimming and removal services performed by Liberty Utilities are done at no cost to the property owner. Limbs, slash, and brush will be chipped and hauled or broadcasted on-site. The remaining wood will be left with the property owner. If you have any questions about Liberty Utilities’ vegetation management program or would like to report a tree or vegetation you feel may be a hazard, please call (530) 546-1787, or email CATree@libertyutilities.com.
System Hardening
System hardening is the term that applies to all ongoing infrastructure improvement and replacement programs Keys Breeze
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aimed designed to lower the potential of fires sparked by electric infrastructure. The following projects are already in progress: 1. Replacing bare conductors (wires) with covered conductors. Covered conductors are wires that are encased in layers of insulation to protect them when energized. Although bare wires have traditionally been used in California as a reliable cost-effective solution, it is prudent to replace bare conductors with covered conductors in high fire risk areas. Installation of covered conductors is taking place on the West Shore and the Coleville/Walker area. 2. Pole load testing and replacement, as needed. Failing poles pose safety, reliability, and fire risks. In 2020, Liberty Utilities will accelerate the testing and replacement of poles throughout our service territory by more than 600%, from 322 poles inspected last year to more than 2,000 inspections scheduled this year. 3. Fuse replacements. Conventional fuses can expel hot particles and gases, which can start fires. In contrast, current limiting fuses expel no materials, limit the available fault current and, in many cases, can reduce the duration of faults. The use of both conventional and current limiting fuses provides for a high level of reliability. Liberty Utilities has already replaced 250 conventional fuses with current limiting fuses and will continue to replace expulsion fuses until all are transitioned out of the system. 4. Replacement of the Brockway Substation in Kings Beach. The Brockway Substation is a 60-yearold facility that was constructed with wooden poles and cross arms and obsolete oil-circuit breakers. This facility has been deemed a fire hazard and will be decommissioned and replaced this year. Work on this project is expected to begin in June 2020.
Public Safety Power Shutoff
Public Safety Power Shutoff, or PSPS, is a safety procedure utilized by electric utilities to proactively turn off power when and where weather conditions create a high wildfire risk. The practice of de-energization, which is becoming more and more frequent, is supported by the California Public Utility Commission (CPUC) as a safety best practice. Liberty Utilities utilizes weather stations throughout MAY 2020
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the local service area and collaborates with a fire and weather scientific consultant, the National Weather Service in Reno, Nevada, and local fire officials to monitor the local weather conditions and evaluate when a PSPS is required to limit wildfire risk. While no one factor determines the need for a PSPS, Liberty Utilities has identified key regional triggers that would warrant issuing a PSPS should all thresholds be met. The key factors that are considered are: • The Energy Release Component (ERC) which is a measurement of moisture in both live and dead fuels • Wind speeds (typically 40 mph or higher) • Fosberg Fire Weather Index which evaluates the potential influence of weather on wildfire and considers factors such as wind, humidity and temperature In partnership with fire weather experts, Liberty Utilities monitors real-time weather data and forecasts and regularly tests fuel moisture during the fire season. If it is determined that the forecasted wind speed, fuel moisture level and evaluated factors within the Fosberg Fire Weather Index meet or exceed safety thresholds, Liberty Utilities will initiate a PSPS. In the event that a PSPS is a possibility, Liberty Utilities will alert customers, local government and safety agencies of the potential need to shutoff power and will keep the community apprised as conditions evolve. Liberty Utilities will attempt to provide a minimum of 48 hours’ notice to customers prior to turning off the power; however, the
factors that influence a power shutoff are difficult to forecast and customers should know that they may not receive a 48 hour warning prior to a PSPS event. Liberty Utilities will attempt to contact customers through calls, texts and emails using the contact information on file. It is critically important that customers keep the contact information for their account up to date. We encourage you to call a customer service agent at 1 (800) 782-2506 to check or update your account’s contact information to be sure you receive these important notifications. In addition to direct customer notifications, updates on the PSPS will be posted to our website (libertyutilities. com) and on our social media channels.
We’re In This Together
Liberty Utilities’ top priority is the safety of customers and our communities, and we will take every action to keep our beautiful region safe from the risk of wildfire. To learn more about our wildfire mitigation programs, customers are encouraged to call 800-782-2506, visit libertyutilities. com and follow Liberty Utilities on Twitter via @LibertyUtil_CA or Facebook via @LibertyUtilitiesLTWe appreciate the community’s understanding and cooperation, as we take action to keep the area safe from wildfires. ______________________________________________ Eliot Jones, is the Sr. Manger of Wildfire Prevention for Liberty Utilities. Eliot also led the Vegetation Management department for three years at Liberty Utilities and is a certified utility arborist.
It’s easy to be green and save money too! We offer a variety of programs for residential and commercial
Local and Responsive. We Care.
customers to save energy and money — and help our environment.
Twitter@LibertyUtil_CA
And, many of these programs are at no cost to you! Visit www.libertyutilities.com and click on the “Smart Energy Use” link at the top or call 1-800-782-2506. Keys Breeze
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TKPOA Projects Status By James Brooks, TKPOA Project/Property Manager
THIS ARTICLE IS INTENDED to keep Tahoe Keys
Property Owners Association (TKPOA) property owners informed of the current status of the various common area, channels & lagoons, water company, water quality and townhome projects completed and in development for the 2020 fiscal year and construction season.
TKPOA Approved Projects:
[All approvals are also published in Keys Breeze Monthly “Board Actions Summary” and Board Minutes available on the TKPOA Website] 1. Street Light Replacement with LED Bulbs – [COMMON AREA] Revised TKPOA Street Light LED Bulb Replacement Project: A revised TKPOA Street Light Replacement Project to purchase from Wesco Distributors for 150-RAB 54 watt Light Emitting Diode (LED) Bulbs, 30 RAB 100 watt LED bulbs, and 30 RAB surge protectors to be installed by the Tahoe Keys water company staff for a total of $24,851. 2. Water Lateral Replacement Phase I – [WATER COMPANY] Design for this project on Danube, Morrow, for the replacement of 23 double water service laterals from the street mains to 52 homes has been completed. The Association owned portion of the water service laterals that have galvanized pipe are slated for replacement due to age, condition and current leak repairs. This Project was approved in 2019 and awarded to Haen Constructors to begin in May 2020 for $221,658. 3. Cove 1 – Roof replacement awarded to Amundson Roofing. Project beginning April 15, 2020 for $57,570.
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4. Cove 3C Bulkhead Replacement Project – Design for the replacement of the Cove 3C Bulkhead awarded to Reno Tahoe Geo Associates for $26,445. Engineering design completed. 5. Light House Shores – Lot A Rock Revetment Bulkhead Repair Engineering Design – [COMMON AREA] Light House Shores Lot A owned by TKPOA – Rock Revetment Bulkhead has failed and repairs are needed. Construction contract awarded to Tieslau Paving and Excavating for $19,900. Project to commence on May 4, 2020. 6. Islanders 1 Bulkhead Replacement – Awarded to Haen constructors for $187,000. 7. Water Quality Equipment – [WATER QUALITY] (1) Weedo AquaHarvester (1) Weedo Tiger Cat and (1) Weedo Mobile Conveyor Belt for a cost of $154,050. Funded by Approved Water Quality Special Assessment. 8. Lake Tallac Yellow Pond Lily Weed Abatement Project – [WATER QUALITY] in partnership with the City of South Lake Tahoe Public Works (35%) $11,755.98 and TKPOA (65%) for $21,832.52. 9. Lake Tallac Stormwater Diversion Structure – [WATER QUALITY] Engineers Inspection Report for $7,500. 10. Tahoe Marina Shores-Replacement of Asphalt Walkways with Pavers-Phase 3 Units 262 through 275 – Awarded to Mt. View Lawn and Garden for $58,320.
Proposal – Request for Proposal (RFP) [Bid Phase]: 11. Light House Shores – Road Repaving
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Project – Survey of all homeowners to see if they are in agreement with the project including the road portions of TKPOA Lot A and Lot C being fully funded by Light House Shores Reserves. 14 homeowners agreed to move forward with the project and award paving project to D & L Paving for $118,780, plus a $11,870 contingency for a total of $130,650 to be funded out of Light House Shores Reserves Fund. Pending TKPOA Board approval. 12. Pavilion Parcel - Best Management Practices (BMP’s) – [COMMON AREA] Design for new storm water infiltration “Rain Garden” basins in the vicinity of the Pavilion parking lot and pickle ball court as required by Tahoe Regional Planning Agency (TRPA) and the Lahontan Regional Water Quality Control Board (LRWQCB) Waste Discharge Requirements (WDR). Worked with Reno Tahoe Geo Associates (RTGA) for design and engineering as part of the Pavilion Shoreline Protection Project. 13. East Channel Bulkhead Replacement – [COMMON AREA] Design for the replacement of the East Channel East Bulkhead is 540 linear feet of sheet pile replacement that will be constructed with chance anchors at 8-foot centers with an exterior waler to the steel. The project coordination is anticipated to take two years: • Final design and permitting completed. • Working to coordinate with California Tahoe Conservancy (CTC) with their planned Truckee Marsh Wetland Restoration Project at the Cove sailing lagoon which is also planned for 2020. Noble Consultants. • G.E.C., Inc. has been contracted for the design, the same firm that completed the 2015 Bulkhead Assessment Study. Susan Simon Environmental contracted for permitting. Under the 1991 Stipulation for Entry of Judgment the TKPOA has the authority to proceed as the lead agency and is working with the Tahoe Keys Marina and Yacht Club (TKM&YC) and Tahoe Keys Beach and Harbor Association (TKB&HA) on design. Per the judgment: • TKPOA is responsible for 30% of replacement costs. • TKB&HA is responsible for 30% of replacement costs. • TKM&YC is responsible for 40% of replacement costs. Out of the 32 Requests for Proposal (RFPs) that where sent out to potential contractors on February 13,2020 the TKPOA only received two valid and one invalid RFP submittals ranging from $1,665,000 to $2,205,820 (not including design and permitting expenses to date). The engineers estimate for this project was $1,274,469. Keys Breeze
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All cost indicated in this article are the best estimates based on approval of project contract requirements, or exact costs based on final cost of completed project reflected on the TKPOA Financial Reports, based on the date of this article.
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14. Cove 3A Bulkhead Replacement Reaches 8 & 9 – Design for the replacement of the 3A Bulkhead in conjunction with East Channel Bulkhead Project work performed by Noble Consultants – G.E.C., Inc. Susan Simon Environmental contracted for permitting. Request for Proposals (RFPs) sent on February 13,2020. Out of the 32 RFPs that where sent out to potential contractors the TKPOA only received two valid and one invalid RFP submittals ranging from $650,000 to $771,000. These submitted RFPs exceeded the 2019 Engineers Estimate for this project (not including design and permitting expenses to date). The engineers estimate for this project was $264,000. 15. Cove 3C Bulkhead Replacement Construction was put out for a vote to all 35 property owners as a special assessment. The TKPOA received 30 ballots from Cove 3C. Of those 29 were valid ballots. On counting the ballots, the vote was 13 for the project and 16 against the project. The special assessment did not pass. Cove Advisors Joy Curry Norem, Teresa Fiore, General Manager Kirk Wooldridge and Project Manager Jim Brooks are working on a plan forward. 16. Corporation Yard Project – [COMMON AREA] Contracted David Goldman Environmental Architecture to develop conceptual plans and analysis of land usage. • Mechanical, electrical, and plumbing. Engineered drawings awarded to Sugarpine Engineering. • Civil engineering awarded to Tieslau Civil Engineering. • Structural engineering calculations awarded to Tahoe Engineering Inc. • Agencies permits by Simon Environmental Planning. • RFP sent out on February 5, 2020 to 34 contractors. Bids received from four contractors. 17. Ala Wai Tennis Court Bathroom – [COMMON AREA] Plans completed, and land coverage approved with building permit approved. RFP and bidding process conducted with RFPs sent to 15 contractors. Received four bids for project. Project is currently on hold with for Board of Directors consideration.
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18. Water Quality Ramp Replacements – [WATER QUALITY] TRPA permit approved, approvals from other agencies pending. LRWQCB has required lake bed mitigation conditions for approval of this project. Project on hold due to current high lake level. 19. Tahoe Keys Lagoon Restoration Project – [WATER QUALITY] an Application for Approval to Reduce Aquatic Invasive and Nuisance Plant Species – Tahoe Regional Planning Agency (TRPA) Project Description and Application for the Environmental Impact Report (EIR) for California Environmental Quality Act, (CEQA) or Environmental Impact Statement (EIS) for National Environmental Policy Act (NEPA) is required for any action that is taken by the government or that gets governmental funding. When projects require approvals under both CEQA and NEPA, a joint EIR/EIS is prepared. Application has been submitted and EIS/EIR Stakeholder Committee and Stakeholder Consultation Circle meetings are being held. Process is funded through grants obtained by the TRPA through the U.S. Army Corp of Engineers.
Projects in Planning
20.Phase 2 Water Laterals Replacement Project – Monterey and Beach Lane 90% plans complete. RFPs to be sent out this summer.
Completed Projects
1. Water Company Truck and Snowplow Replacement – [Water Company] $37,827 NOTE: All cost indicated in this article are the best estimates based on approval of project contract requirements, or exact costs based on final cost of completed project reflected on the TKPOA Financial Reports, based on the date of this article. The complete 2020 Reserve Project List is available and updated regularly on the TKPOA website at www. tkpoa.com. For any questions on this information you can contact James V. Brooks, Project Coordinator/ Property Manager at (530) 542-6444, ext. 241, or by email at jbrooks@tahoekeyspoa.org.
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BALLOT
RESULTS
Of the Membership Vote to Replace the “Second Payment” of the Approved 2017 Water Quality Special Assessment
By Kirk J. Wooldridge, TKPOA General Manager
AT THE SATURDAY APRIL 4TH, 2020 BOARD OF DIRECTORS – Regular Open Meeting, conducted as a web-hosted conference call. The Inspector of Elections and volunteers counted the voting ballot for this important vote. The vote passed with 620 votes “For” (Approval) and 137 “Against” (Disapprove), the required quorum was met with a total of 777 ballot received. The Board of Directors approved RESOLUTION TKPOA No. #2019-0087 to authorize replacement the “Second Payment” of the Approved 2017 Water Quality Special Assessment for “The Authorization to Pursue Regulatory Approvals for the Use of Aquatic Herbicides to Control Aquatic Invasive Weeds in the Tahoe Keys Lagoons” [RESOLUTION TKPOA #2017001]. The Board of Directors approved this resolution with the change in the due date of the Special Assessment payment as June 1st, 2020. The new replacement “Second Payment” for the Special Assessment will now be $400 per property owner. This will generate approximately $611,600 for costs to be incurred in the 2020–2021 Fiscal Years to support the “Tahoe Keys Lagoons Aquatic Weed Control Methods Test Application” and the Tahoe Regional Planning Agency (TRPA) Project Description and Application for the Environmental Impact Report (EIR) for California Environmental Quality Act (CEQA) or Environmental Impact Statement (EIS) for National Environmental Policy Act (NEPA) is required for any action that is taken by the government or that gets governmental funding. When projects require approvals under both CEQA and NEPA, a joint EIR/EIS is prepared. This approved “Second Payment” is less than the original $600 per property owner due to the current and projected future funding that has been provided through the TRPA EIR/EIS process, as well as additional grants. This “Second Payment” Special Assessment will replace the $600 per property owner cost as approved in 2017. With the approval of this Ballot the Second, Third and Fourth Quarter Assessment was supposed to change to $688 per quarter. This $688 reduction is stated in the actual ballot for the Special Assessment vote. This reduction in Quarterly Assessments is due to the transfer of Water Quality Reserve Expenses scheduled for 2020 from the Quarterly Assessments to the new “Second Payment” Special Assessment for the “Tahoe Keys Lagoons Aquatic Weed Control Methods Test Application” and the EIR/EIS and CEQA requirements. Keys Breeze
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Due to the postponement of the Vote counting and Board Meeting, the billing for the Second Quarter Assessment at $709 was required to be sent out, since the outcome of the Vote was unknown. The Second Quarter Assessment is due April 1st, 2020 and considered late after April 30th, 2020. Since this Second Quarter Assessment has already been billed the TKPOA Board of Directors has approved a motion at the April 18th, 2020 Regular Open Board meeting to provide this reduction in the Quarterly Assessment as part of the Third and Fourth Quarter Assessment billings at the amount of $677 per property owner. The approval of this second assessment and it’s timing will allow for:
• Technical and legal support for the application that was submitted in July 2019 for approval to conduct a 13.7acre aquatic herbicide demonstration within the Tahoe Keys.
• AIS and Harmful Algae Bloom (HAB) Management with the use of new technology and equipment for the TKPOA Water Quality Staff and related Consultants.
• Continuation and improvement in Nutrient Management in the Tahoe Keys Lagoons through analysis and
testing of portions of the Circulation System, implementation and testing of “Offsite Source Management” projects. • Continuation of program management to include the technical support for waste discharge requirements (WDRs), and the EIR/EIS process, outside services to support the Association’s efforts and changing the current TKPOA staff AIS Technician positions from part time to full time for two years for required monitoring and sampling. • Efforts will continue to obtain grant funds to reduce costs. • Continue outreach to non-member stakeholders and public education efforts. This approved replacement “Second Payment” assessment and related costs are detailed in the attached tables: A. AIS AND HAB MANAGEMENT
QUANTITY
TOTAL
a. Aqua harvester
1
$54,000
b. Tiger cat
1
$80,160
c. Mobile conveyor
1
$16,000
a. Internal bubble curtains
3
$15,000
b. Larger bottom barriers for use under bubble curtains
10
$2,500
c. Additional skimmer boats
3
$9,000
d. Staffing – additional skimming crew
4
$32,000
e. New compressor for West Channel bubble curtain
1
$6,000
f. Dock bubblers
5
$2,750
a. LG Sonic Mezzo DB units
3
$7,800
b. Additional focused AIS fragment/HAB
1
$15,000
c. LFA Dye Circulation Study
1
$9,500
d. Internal bubble curtains
0
$0
a. Additional dataloggers
10
$15,000
b. YSI Exo Logger
1
$6,000
c. Weather station
3
$4,500
1. Harvesting Enhancement
2. Fragment Control Enhancements
3. HAB Management
4. Miscellaneous
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B. NUTRIENT MANAGEMENT
QUANTITY
TOTAL
a. Components of Domenichelli recommendations
1
$50,000
b. West Lagoon to Tallac pumping evaluation
1
$12,000
a. Yellow Pond Lily removal
1
$22,500
b. Test Phos-Loc in Tallac canal after
1
$12,500
c. Test floating island wetlands in Tallac after pond lily removal
1
$15,000
d. P-fertilizer ban throughout SLT
1
$2,500
QUANTITY
TOTAL
a. Dr. Lars Anderson
1
$9,000
b. Sierra Ecosystem Associates (SEA)
1
$56,000
c. EMKO
1
$49,000
a. Downey Brand
1
$12,000
b. Outreach Consultant
1
$2,400
a. Increase two position to year-round from seasonal for two years
4
$68,000
QUANTITY
TOTAL
1. Water Circulation
2. Offsite Source Management
C. PROGRAM MANAGEMENT 1. Technical Support for WDRs and EIR/EIS Process
2. Outside Services to Support Association Efforts
3. AIS Technician
D. RESERVE FUNDING 1. Water Quality Reserve Funding
$25,490
TOTAL
$611,600
NEW "SECOND PAYMENT" SPECIAL ASSESSMENT
$400
Funding and Grants
In addition to these TKPOA special assessment funds, the Tahoe Regional Planning Agency (TRPA) has been able to secure funding from the United States Army Corp of Engineers (USACE)—from the Lake Tahoe Restoration Act for up to $3.0 million dollars to conduct this regulatory process review of the TKPOA’s submitted application. Being the first of its kind, with a significant amount of data collection needed this is on the higher end of any EIS the TPRA has conducted. The “Facilitation Process” has been contracted with Zephyr Collaboration through 2021 for $250,000, the “Environmental Monitoring and Investigation” has been contracted with ESA for $750,000 and the “EIS/EIR Documentation” work has been contracted with TRC Solutions Inc. for $750,000. In additional to this the TRPA has contracted with Inventive Resources for Ultraviolet Light (UV) test applications by Boat for AIS weed control in the Tahoe Keys. At this time the total investment for this TKPOA application funded by the TRPA through 2021 is estimated at approximately $2.5 million. In addition to this TRPA funding, the TKPOA has received multi-year grant funding from the League to Save Lake Tahoe to implement additional AIS Weed technology-based projects which include: Laminar Flow Aeration (LFA) with 10 diffusers, the West Channel bubble curtain and sea bins.
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Third Payment
The “Third Payment” of the 2017 Water Quality Special Assessment” will continue to stand for now, conditioned on successful completion of the EIR required by the CEQA and LRWQCB, and an EIS required by the TRPA, for the approval of the small scale testing of aquatic herbicides. This payment would cover the cost of work required to receive the approvals for full-scale use of herbicides in the future. This third payment would be payable 45 days after receipt of regulatory approval for the small-scale tests to take place and past due 30 days thereafter. This will be reviewed and reconciled during the 2021 Annual Operating Budget development process. Moving forward, the use of aquatic herbicides is projected to significantly reduce the density of the aquatic invasive species weeds so that they can be controlled in the future using non-herbicide control methods. The use of aquatic herbicides, combined with non-herbicide control methods, is projected to reduce the cost of future weed control activities (estimated harvesting cost reductions are 30% following the first year of herbicide use and an additional 50% following the second year of herbicide use as part of future TKPOA Water Quality – Operating Budgets). All of these Special Assessment payments can be characterized as an investment in the future of the Tahoe Keys. Greatly reducing or eliminating the aquatic weeds from the Tahoe Keys Lagoons is anticipated to improve the quality of boating, recreation and aesthetics thereby improving property values throughout our community.
Questions or Request for Additional Information
Please check the project website: www.tahoekeysweed. org for public workshops, outreach materials and additional information. Also contact the TKPOA front desk at (530) 542-6444 Monday through Friday, 8:30 a.m.–4:30 p.m. Additional information can be found on the TKPOA website at www.tkpoa.com and www. keysweedsmanagement.org.
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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 April 18th, 2020 Board of Directors Regular Open Meeting, the TKPOA Board of Directors approved the 2019 Audit Report prepared by the CPA firm of Gilbert and Associates, Inc. In accordance with the Bylaws, the 2019 TKPOA Audit Report will be sent to all homeowners. Almost 1/3 of these were sent via email to those members that have opted to receive TKPOA Disclosures by completing the “Electronic Delivery Consent Form”, saving the Association approximately $500 in printing and mailing costs. The Electronic Delivery Consent Form can be found on the TKPOA website. Go to: www.tkpoa.com
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• Click on Documents in the upper right corner • Under Applications/Forms, click on Member Forms • Download, sign and return the form “Electronic
Delivery Consent Form” Completed forms can be: • Dropped in the mail slot at the TKPOA Pavilion offices • Mailed to: TKPOA, 356 Ala Wai Blvd., South Lake Tahoe, CA 96150 • Scanned and emailed to: info@tahoekeyspoa.org The Audit Report will also be posted on the TKPOA website. Note that Financial Statements are posted on the TKPOA website once they are approved by the Board of Directors. MAY 2020
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Notice of Change in Operating Rules TEXT OF PROPOSED CHANGES (Deletions are shown in strikethrough type and additions in boldface underlined type)
ON APRIL 4TH, 2020, the TKPOA Board of Directors approved the following
Proposed changes to Architectural Control Rules for a 28 day membership review period. These rules will be considered for adoption at the June 20th, 2020 Board of Directors Meeting. If you would like to provide any feedback to the Board prior to approval, please email your comments to Heather Blumenthal, Operations Manager at hblumenthal@tahoekeyspoa.org, or submit them in person at the TKPOA Pavilion Office.
Purpose and Effect of Proposed Rule Change To further clarify Architectural Control Rules SECTION 1 — OCCUPANCY AND LAND USE 01.05 Garbage containers of any type will not be placed on the curb prior to scheduled pickup day (currently Friday). No Exterior garbage containment areas (such as bear boxes) are not allowed within the single-family home subdivisions. Contained landscape debris may be placed at the curb Monday-Thursday. SECTION 2 — SETBACKS, AND BULKHEADS 02.02 Front Setbacks: Front setbacks are indicated on the map or plat of the subdivision in which the dwelling is to be built. If no setback is shown on plat map, then it is as defined by the City of South Lake Tahoe. The minimum front setback is 20 feet. SECTION 4 — CONSTRUCTION REQUIREMENTS 04.02 Public utility power hookups are required during construction. No self-sustaining generators are allowed. SECTION 6 — ROOFING/ROOF PLATFORMS 06.01 Applications for use of roofing material must accompany a full size or representative type samples indicating length, width, thickness and surface configurations. If color is to be an integral part of the roof, then such sample must show the exact color intended for use. In the event metal tile is requested, the application must be accompanied by a full size, or representative sample indicating length, width, thickness, color and Keys Breeze
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surface configurations. No standard composition roof will be acceptable. Requirements: 280 lbs. per square , and thirty fifty+ year or lifetime guarantee, and a 100mph wind rating. Refer to the following section for acceptable materials. An approved permit from the City of South Lake Tahoe must accompany the application for reroof or addition.
of the retaining walls may be considered, if it is 2’ or more behind the high waterline. Retaining walls may be of the following materials: rock, concrete, concrete blocks, interlocking vinyl or steel piling.
SECTION 9 — FENCES
SECTION 12 — EXTERIOR LOT ACCESSORIES: JACUZZIS, HOT TUBS, SOLAR PANELS, GENERATORS AND AIR CONDITIONER/HEATING UNITS
09.03 Height: Fences must not be higher than six feet (6') along the side of the house, or higher than four feet (4') in front of the house or four feet (4') in the rear of the house. Front fences must comply with the 5 foot setback requirement.
9A.06 All revetments and bulkheads must be engineered and may require a city (CSLT) permit.
Section 9A – Revetments, Bulkheads, and Landscape Walls
12.04 All Saunas, Jacuzzis and Hot Tubs must be outfitted with a locked, secure childproof cover. Hot tubs and Jacuzzis must be drained into the internal sewer system within their property (i.e. bathtub or sink) or by a servicing company removing the wastewater via a pump truck.
9A.01 Landscape walls less than two feet high and not approximate to the water line are TRPA exempt.
SECTION 13 — BOAT DOCKS AND OVER-WATER PLATFORMS
9A.02 Landscape walls between two and four feet high that face or are near the waterline, and changes the natural slope or gradient of the lot (which could affect coverage) may require a city permit.
13.06a For Townhouse Boat Slips reference CC&Rs Article II, Section II (b).
9A.03 Any landscape wall four feet or higher, at or facing the waterline, and changes the natural slope or gradient of the lot, will require a City Permit. 9A.04 Walls four feet and higher are required to be engineered and contain an engineering stamp. You are encouraged to contact TRPA first to reduce the potential for misunderstandings about the type of wall and review processes required. 9A.05 Landscape/retaining walls are strongly discouraged. If a retaining wall is necessary, it shall not be more than 1’ above the high waterline when placed behind the high waterline. No retaining wall shall be below the high waterline. Additional height Keys Breeze
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Dock Guidelines 13.10a Plastic Floating Motorized Personal Water Craft docks prohibited. Jet Ski Docks may be considered by the ACC on a case-by-case basis within the Singlefamily home subdivision. • Limited to one dock per lot • Dock cannot encroach into the side setback or into a navigational channel • Whenever possible, dock should be placed between the existing boat dock and shoreline/ bulkhead • Dock may not accommodate more than two (2) Jet Skis 13.10b 10a Boat or personal watercraft lifts may be considered. MAY 2020
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13.10c 10b Non-motorized Kayak/Standup paddleboard ports may be considered. • One per dock • Color to match dock • Only for facilitating ingress and egress (no storage or moorage) • Must conform to setback requirements 13.14 No covered docks or over water platforms are permitted. Covers on docks and over water platforms are prohibited. SECTION 14 — EXTERIOR LIGHTING 14.03 Accent decorative and landscape lighting should be soft, low intensity and not offensive to neighbors or to traffic. All exterior lighting must be extinguished after 10:00 p.m. except for front entry porch lights. No rope or string lights except as provided in section 15.14. (holiday lights) 14.07 No recessed lighting is permitted above 12 feet with the exception of accessibility lighting as approved by ACC. SECTION 15 — MISC. PROVISIONS FOR EXTERIOR GROUNDS, STORAGE AND STRUCTURES 15.04 Permanently mounted sport facilities are prohibited. Temporary mounted sports facilities may not be erected in the front yard of properties. Moveable basketball hoops may be utilized in the front driveway and must be removed immediately after use. 15.09 Use of charcoal or wood burning BBQs on decks or near combustible surfaces within the town home subdivisions is strictly prohibited. 15.10 Fire Pits: Only LP gas or natural gas fire pits/tables are permitted. ,in single-family home subdivisions. 15.12 Coverings (utility) include material such as tarps, plastic sheeting, and canvas used for covering items Keys Breeze
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such as firewood piles, lawn & patio furniture, and outdoor barbecues. • Coverings may be used seasonally. • Temporary coverings must be of a color that blends with landscaping and structural paint schemes. • Utility coverings may not be used as shade structures, and may not be secured to trees, landscaping or structural components. Coverings (temporary) include shade structures like umbrellas and various designs of sun covers. Umbrellas erected on waterside decks or OWPs must be collapsed or folded up to preserve views when not in use. White Shrink-wrapping is typically used to weatherize watercraft during the off-season (October–May). Permission to keep these coverings in-place during the boating season must be granted by the ACC. SECTION 19 — LAGOONS 19.03 Retaining Walls: If a retaining wall is necessary, it cannot be more than one foot (1') above the high waterline when placed immediately behind the high waterline. Retaining walls cannot be beyond the high waterline, toward the lagoon. Additional height of the retaining walls may be considered, if it is two feet (2') or more behind the high waterline. Retaining walls may be of the following materials: rock, concrete, concrete blocks, interlocking vinyl or steel sheet piling. All submitted plans are reviewed on a case-by-case basis. (See Section 9A of the ACR for additional information.) 19.05 All motorized vessel operational speeds are limited to three five miles per hour (5mph)/no wake, including personal watercraft within Tahoe Keys waterways, to protect and maintain the lagoon banks, bulkheads, docks, piers, and moored vessels from wave and wake action. No boats with motors are allowed on Tallac Lake or Tallac Lagoon. Property owners are responsible to advise all renters of waterway rules and owners will be fined for their renter’s violations in accordance with the Enforcement Procedure and Fine Schedule and/or Short Term Rental Policy Owner, Renter, and Vacation Renter Policy, Rules, and Regulations. MAY 2020
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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. Currently, due to the Coronavirus pandemic, the Pavilion office is closed, however Architectural Control Department (ACD) staff is working behind the scenes to keep up with ACC application submittals. Applications and review fees and deposits can be submitted via regular mail to 356 Ala Wai Blvd, South Lake Tahoe, CA 96150; via email at lcallahan@ tahoekeyspoa.org; or dropped through the mail slot located to the left of the Pavilion office front door. Staff will contact you if additional information is required for committee consideration. The following is an outline of the submittal process. 1. Application is submitted to the ACC for consideration.
get approval!
Architectural Control Application Submittal Process
2. TKPOA 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 on the TKPOA website, www.tkpoa. com. You may also call the ACD office at (530) 542-6444, ext. 240 and we will be happy to email one to you.
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TAHOE KEYS PROPERTY OWNERS’ ASSOCIATION Election Rules, Voting Procedures and Director Qualifications Notice of Change in Operating Rules TEXT OF PROPOSED CHANGES (Deletions are shown in strikethrough type and additions in boldface underlined type) On April 4th, 2020 the TKPOA Board of Directors approved the following Election Rules and Voting Procedures for a 28 day membership review period. These rules will be considered for adoption at the June 12th, 2020 Board of Directors Meeting. If you would like to provide any feedback to the Board prior to approval, please email your comments to Heather Blumenthal Operations Manager at hblumenthal@tahoekeyspoa.org, or submit them in person at the TKPOA Pavilion Office. Purpose and Effect of Proposed Rule Change To revise TKPOA’s current Election Rules and Voting Procedures to bring them into compliance with new Davis Stirling Code requirements that went into effect for 2020. The entire new text of the proposed Election Rules and Voting Procedure will replace the entire text of TKPOA’s current Election Rules and Voting Procedures. The current text can be found on the TKPOA website, www.tkpoa.com, or a copy can be requested from the TKPOA Pavilion Office at info@tahoekeyspoa.org.
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TABLE OF CONTENTS
Election Rules + Voting Procedures
1. 2.
Inspectors of Election
32
Required Notice; Timing
34
3. 4.
Nomination Procedures
34
Candidate Qualifications
35
5.
Board Member Qualifications; Vacancy
35
6.
Campaigning, Candidate Statements, Common Area Access and Use of Association Funds
36
7. Quorum
36
8. 9. 10.
Voting Qualifications
37
Secret Ballot Procedure
38
Receipt, Handling, Care and Custody of Ballots
39
11. Proxies
40
12.
General Membership Meeting Voting Procedures
41
13.
Counting Votes – Voting Without a Meeting
41
14.
Counting Votes – General Membership Meeting Voting Procedures
43
15.
Announcement of Results/Tie Breaker
44
16.
Retention of Election Records; Inspection
45
17.
Member Obligation to Verify Voter List; Corrections
46 46
Certificate of Secretary
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Election Rules, Voting Procedures and Director Qualifications The following Election Rules, Voting Procedures and Director Qualifications (Elections Rules) are adopted by the Board of Directors, pursuant to Civil Code Section 5105. These Elections Rules govern the Association’s elections and voting and are intended to bring the Association into compliance with Civil Code Sections 5100 through 5145. These rules also are intended to preserve the fairness of the Association’s membership voting process.
1.
INSPECTORS OF ELECTION
A.
Selection i. By Board at First Meeting. Inspectors of Election may be selected by the Board at the first Board meeting following an Annual Meeting of the Association. The Board shall meet in open session to select one (1) or three (3) Inspectors of Election of the association for any elections up through and including the next Annual Meeting.
B.
ii.
By Board Prior to Any Election. If the Board has not previously designated Inspectors of Election, at least ninety (90) days before any Association vote or election for the categories set forth in these rules, the Board shall designate one (1) or three (3) persons to serve as Inspectors of Elections.
iii.
By Board to Fill Vacancy. In the event one or more of the Inspectors of Election are unable or unwilling to serve out their term or are unable or unwilling to serve in a particular vote or election, alternatively, the Board may fill the vacancy.
iv.
By Members in Attendance. If the Board of Directors has not appointed Inspectors of Election, then Inspectors of Election may be selected by the members in attendance at a membership voting meeting. If Inspectors are selected by the members in attendance, the members shall move to appoint one (1) or three (3) inspectors, who must meet the inspector qualifications of these rules. The selection by the membership of Inspectors of Election shall be upon a majority of those present.
Inspector Qualifications i. An elections inspector may be a member of the Association or may be an independent third-party non-member including, but not limited to the following:
c.
a.
Volunteer poll worker with the county registrar of voters;
b.
A licensee of the California Board of Accountancy; or
A notary public; or Keys Breeze
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C.
d.
A company specializing in association elections inspection and ballot counting.
ii.
An elections inspector must not be a director or a candidate for any election, nor related by blood or marriage to any candidate for election.
iii.
Inspectors must agree to familiarize themselves with these rules and to be present at any membership voting meetings or ballot counting during their term.
iv.
Inspectors must avoid any favoritism or partiality to any candidate or point of view and must be committed to conducting a fair and honest election, in full compliance with these rules.
Decisions i. In the case of three (3) inspectors, they shall act by majority vote, and the decision or act of a majority shall be effective in all respects as the decision or act of all. ii.
D.
Inspectors may appoint and oversee additional persons to count and tabulate votes as the Inspectors deem necessary and appropriate.
Duties; Inspectors of Election Shall: i. Perform their duties impartially, in good faith, to the best of his or her ability, and as expeditiously as is practical. ii.
Determine the number of memberships and the voting power of each, if necessary.
iii.
Determine the validity, authenticity and effect of proxies, if proxies are used.
iv.
Receive and hold ballots or direct where ballots are to be returned and held until votes are tallied.
v.
Hear and determine any challenges and questions regarding voting issues.
vi.
Open all secret ballot envelopes received, and tabulate all votes cast.
vii.
Determine the times for beginning and end of voting at meetings where votes will be tallied for the particular vote or election; however, the date, time and place of the meeting shall be determined by the Board of Directors.
viii.
Issue a report certifying the results of the election. The Inspectors report is prima facie evidence of the facts stated in the report.
ix.
Maintain custody of all ballots for the particular vote or election until they are turned over to the Association.
x.
Perform such acts as may be proper to conduct the election with fairness.
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2.
3.
REQUIRED NOTICE; TIMING A.
Director elections be held at the end of each director’s expiring term and at least every four years.
B.
At least thirty (30) days advance written notice of meeting must be given to the membership of any meeting at which a membership vote is to be taken.
C
General notice of the procedure and deadline for submitting candidate nominations shall be provided at least 30 days before the candidate nomination deadline.
D.
With respect to ballots for the election of directors, general notice of the following shall be given to the members at least 30 days before the ballots are distributed: i.
The date, time and address for ballots to be returned.
ii.
The date, time and meeting location for ballot count.
iii.
The list of candidates whose names will appear on the ballot for a director election.
NOMINATION PROCEDURES (Applicable Only to Meetings Electing Directors) A.
Candidate Nominations. At least ninety (90) days before the date set for the Annual Meeting when director elections are to be held, candidate nominations will be requested .
B.
Notice. General notice of the procedure and deadline for submitting candidate nominations shall be provided to all members at least 30 days before the candidate nomination deadline.
C. Deadline. Completed candidate nomination forms shall be returned by the due date, as directed, in order for the candidate to be included on the ballot. D.
Late Forms. Any nomination form not timely received by the designated recipient will not be included in the secret written ballot procedure mailed in accordance with these rules.
E.
Forms Content. Completed candidate nomination forms shall include a representation that the nominated member meets all candidate qualifications set forth in these rules and the bylaws and has agreed to place his or her name in nomination.
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F.
. G. H.
4.
Self-nominations. A member may nominate himself/herself, so long as the member meets the candidate qualifications. Nominating Committee. In the event a nominating committee is formed pursuant to the Association’s Governing Documents, the committee shall comply with these procedures in addition to those set forth in the Governing Documents.
CANDIDATE QUALIFICATIONS A.
The Board of Directors is comprised of seven (7) directors. Directors are elected to fill open seats each year for two (2) year terms.
B.
Notwithstanding what the Bylaws provide, the qualification(s) to be a candidate for the Board are as follows:
C.
5.
Candidate’s Statement. Completed candidate nomination forms may also include a candidate’s statement or indicate that the candidate has declined to submit a statement. The Association shall distribute candidate statements as submitted and is not responsible for the content of any candidate statement submitted. If photographs are to be included, then equally sized photographs should be used for each candidate.
i.
The candidate must a member of the Association.
ii.
The candidate must not be delinquent in the payment of assessments unless the candidate 1) has paid assessments under protest; 2) has entered an assessment payment plan; or 3) has not been provided an opportunity to engage in IDR.
iii.
The candidate must not have a prior criminal conviction which would prevent the Association from acquiring a fidelity bond or would result in the termination of the Association’s existing fidelity bond.
Notwithstanding what the Bylaws provide, no candidate shall be disqualified from nomination based upon the number of terms previously served on the Board.
BOARD MEMBER QUALIFICATIONS; VACANCY A.
The Board may declare vacant the seat of any director under the following circumstances: i.
The director is delinquent in the payment of assessments and a) has not entered a payment plan; b) has not been offered an opportunity to participate in IDR; or, c) has not paid their assessments under protest.
ii.
The director is a co-owner of a single separate interest and is serving on the Board at the same time with a co-owner of the same separate interest.
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6.
7.
CAMPAIGNING, CANDIDATE STATEMENTS, COMMON AREA ACCESS AND USE OF ASSOCIATION FUNDS A.
Any candidate for the Board, or any member advocating a point of view on an issue which is to be voted upon, shall have equal access to any Association media, newsletters, or internet websites during the campaign, for purposes that are reasonably related to the election or other vote which is being taken.
B.
Equal access shall be provided to all candidates and for all points of view, including those not endorsed by the board, for purposes that are reasonably related to the election.
C.
The Association shall not edit or redact any content from any statement or election communication received from an owner. Any content published shall include the following statement:
“These statements are from the candidates themselves, and not the Association. Neither the Association nor the Board of Directors is responsible for or necessarily endorses any of the views expressed in these statements.�
D.
All members shall have equal access to any common area meeting space, during a campaign, at no cost, for purposes reasonably related to the election.
E.
Association funds shall not be used for campaign purposes, (as defined in Civil Code Section 5135) in connection with any Board election or any other Association election except to the extent necessary to comply with duties of the Association imposed by law.
QUORUM A.
Quorum is the minimum number of members which must be participating in order to enable the Association to conduct a members meeting, including tabulate ballots.
B.
In order for a member to count as participating, and therefore be included in the quorum, a member must either:
C.
i.
Personally attend;
ii.
Submit a ballot pursuant to these rules in advance of the meeting or ballot counting; or,
iii.
Provide a proxy to a person who attends on behalf of the member.
For purposes of this Association as set forth in the Bylaws, quorum, is at least 33 1/3% of the membership represented and entitled to vote. Quorum for an adjourned meeting shall be at least 25% percent of the membership voting power; however, for purposes of Special Assessment votes, pursuant to Civil Code Section 5605, quorum means more than 50% of the owners of the Association, notwithstanding any provision of the Governing Documents. Keys Breeze
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8.
D.
All ballots returned in accordance with the voting instructions shall count for purposes of determining if quorum has been achieved for any particular vote or election.
E.
The existence of quorum shall be determined by the total of all ballots received in advance of the meeting, plus the total members represented in person or by proxy at any annual or special meeting held for purposes of the vote or election who have not previously returned ballots.
F.
Envelopes containing ballots cast prior to the meeting for counting shall not be opened for any reason but shall be date stamped or logged, organized and/or counted for quorum purposes only, prior to the tabulation by the Inspectors of Election.
G.
If quorum is not achieved, the meeting may be adjourned by the vote of a majority of votes represented in person or by proxy, to a date according to the procedure set forth in the Governing Documents. The secret ballots received prior to the meeting at which the votes were to be counted shall be maintained in a location designated by the Inspectors of Election, unopened, in a secure location until the adjourned meeting date.
VOTING QUALIFICATIONS A.
No Splitting of Votes. Each separate interest is entitled to one vote on any matter for which a vote is taken. Fractional votes shall not be allowed.
B.
Determination of Membership. In the event of a discrepancy over the current owner(s), the owner(s) shall be determined by the latest recorded deed as of the date the written secret ballots were mailed to the owner(s).
C.
Multiple Owners of Same Membership. Where more than one person is identified as the record title owner, the vote for that separate interest shall be determined by all the owners. Only one ballot may be submitted on behalf of a separate interest. Any votes cast, with respect to any such separate interest in violation of this provision, shall be null and void. Where multiple record owners of the same separate interest are unable to agree as to how their vote shall be cast, and cast multiple ballots on behalf of a separate interest, no vote shall be counted for the matter in question; however, the ballot shall be counted for quorum purposes only. If any record owner exercises the voting rights of a particular separate interest, it will be conclusively presumed for all purposes that the owner was acting with the authority and consent of all other owners of the same separate interest.
D.
Cumulative Voting. Cumulative voting is not permitted.
E.
Multiple Ballots Cast on Same Membership. Where more than one ballot is received for a single separate interest, the ballot shall not be tabulated for purposes of the particular vote or election; however, the ballot will be counted as voting for quorum purposes only.
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9.
SECRET BALLOT PROCEDURE A.
Notwithstanding any other law or provision of the Governing Documents, the following matters shall be decided by secret ballot, in accordance with the procedures set forth herein. i.
Election or recall of Directors;
ii.
Assessments requiring member approval;
iii.
Amendments to the Governing Documents requiring membership approval; and,
iv.
Grant of exclusive use common area pursuant to Civil Code Section 4600.
B.
Two Methods of Membership Decisions The Association may conduct the membership votes specified above by either of two methods. Decisions may be accomplished by either a meeting of the membership, or by a membership voting by written ballot without a meeting. Membership votes to elect the Board of Directors shall be conducted in conjunction with the Annual Meeting.
In voting by written ballot without a meeting, the members vote with written secret ballots and the secret ballots shall be opened in an open board meeting.
When voting in conjunction with a membership meeting, members may vote by ballots cast in advance of the meeting or may attend and cast a ballot in person, or they may give their proxy to another person who will attend the membership meeting and vote.
C.
In either type of membership vote or election, the following procedure shall be followed: i.
Ballots and two (2) pre-addressed envelopes with instructions on how to return ballots shall be mailed by first-class mail or delivered by the association to every member not less than thirty (30) days prior to the meeting date or, if the membership is conducting a vote without a meeting, not less than 30 days prior to the deadline for voting. In order to preserve confidentiality, a voter may not be identified by name, address or Separate interest number on the ballot. The ballot itself shall not be signed by the voter.
ii.
The ballot shall be inserted into an envelope and sealed (ballot envelope). The ballot envelop is then inserted into a second outer envelope that is sealed (outer envelope). In the upper left-hand corner of the outer envelope, the voter prints and signs his or her name. In addition, the outer envelope shall state the member’s address and shall indicate the separate interest number that entitles him or her to vote.
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10.
iii.
The outer envelope is addressed to the Inspector or Inspectors of Election, or other designated ballot recipient who will be tabulating the votes. Each member is responsible for submitting his or her envelope to the Inspector(s). The member may mail the envelope or deliver it by hand to a location specified by the Inspector(s) of Election. The member may request a receipt for any hand delivered ballot.
iv.
The sealed ballots shall remain in the custody of the Inspectors of Election or maintained at the location designated by the Inspectors until after said ballots are tabulated and custody has been transferred to the Association.
v. vi.
Secret ballots received as specified by the Inspectors are irrevocable. In the case of election to the Board of Directors, the ballots shall list all candidates in a uniform fashion. No preference or endorsements may be indicated.
RECEIPT, HANDLING, CARE AND CUSTODY OF BALLOTS A.
Prior to the mailing of the secret ballots to the owners, the Inspectors of Election and/or Board of Directors shall determine the location where the secret ballots are to be returned. The Inspectors or Board may designate the Association manager’s address as the location for return of ballots.
B.
Members may return their secret ballot in the following manner: i.
By mail (it is the responsibility of the voting member to mail it with sufficient time so as to be received by the Inspectors prior to the meeting).
ii.
By hand delivery to the specified location; or
iii.
By hand delivery to the meeting at which the votes will be tabulated. Only ballots returned prior to the closing of voting shall be counted.
C.
Upon receipt, the secret ballot envelope shall not be opened. Ballots received may be date stamped or otherwise noted with the date of receipt on the outer unopened envelope.
D.
The sealed ballots at all times shall be in the custody of the Inspector or Inspectors of Election, or at the location designated by the Inspector or Inspectors, until after the tabulation of the vote, and transferred to the Association.
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11.
PROXIES A.
Other than as provided in the bylaws for votes by written ballot, members, may grant their right to vote at a members meeting to another member by use of a proxy as provided below, unless prohibited by the bylaws.
B.
Any member may designate another person as their “proxy,” giving that person the authority to appear at a membership meeting and to vote on the member’s behalf.
C.
Unless the bylaws provide otherwise, a member must request a proxy form in writing and delivered to the Association’s principal office no later than 20 days prior to the date of the meeting. The request shall: i.
Be signed by the Member;
ii.
Show the address of his residence and the address where the proxy is to be sent (if different from the residence address); and
iii.
Indicate the number of Lots owned by the Member.
D.
Any instruction given in a proxy issued for an election that directs the manner in which the proxy holder is to vote shall be set forth on a separate page of the proxy that can be detached and given to the proxy holder to retain.
E.
A proxy may be revoked at any time by the member.
F.
Proxies granted for a specific meeting shall expire upon the conclusion of the stated meeting (or any postponement or adjournment of that meeting). If the proxy does not refer to a specific meeting, and does not state a specific expiration date, it shall expire eleven (11) months after the date it is executed by the member.
G.
If a member who has given his or her proxy attends the meeting and registers to vote, the proxy is void.
H.
If a member previously submitted a written secret ballot, any proxies issued by that owner for purposes of that election are void.
I.
Dated proxies supersede undated proxies; Proxies dated later in time supersede earlier dated proxies; multiple proxies with the same date will be treated for quorum purposes only.
J.
Unless earlier revoked by the issuing member, or otherwise provided in the bylaws, any proxy issued hereunder shall remain in effect only for the meeting with respect to which the proxy pertains, or any adjournment thereof.
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12.
13.
K.
Proxies must be submitted to the Inspector of Elections prior to the start of the meeting where a vote is to be taken.
L.
All proxies received by the Association and signed by a member may be counted for purposed of establishing a quorum at the meeting for which the proxy has been issued, regardless of whether the Member has indicated a voting preference on any matter described in the proxy.
GENERAL MEMBERSHIP MEETING VOTING PROCEDURES A.
The Inspector(s) of Election shall check in all members attending the meeting where a vote is to be taken. The Inspector(s) of Election shall determine when to close registration and determine quorum.
B.
Upon closure of registration of members and proxies, and establishment of quorum, the matter to be voted upon shall be announced as per the Agenda for the meeting. If the matter to be voted upon is election of directors, nominations from the floor shall be invited. No nomination shall be received unless there is a second to the nomination. The eligibility of a nominee to serve as a director may be determined by the Inspectors of Election, with the assistance of the Association’s managing agent (if any).
C.
After closure of nominations from the floor (if an election of directors) or the closure of debate (if another matter is being voted upon), the Inspector(s) of Election shall collect the ballots cast at the meeting by members and proxy holders. These ballots need not be placed in sealed envelopes but shall not contain any information identifying the member or proxy holder casting the ballot.
D.
After collection of the ballots cast at the meeting, the Inspector(s) of Election shall close the voting and begin the process of counting the ballots.
COUNTING VOTES – VOTING WITHOUT A MEETING The following procedures apply if a membership vote is taken by written ballot only without a meeting of the members: A.
All votes shall be counted by the Inspector(s) of Election in public, at a properly noticed open meeting of the Board of Directors or Association members.
B.
The times for opening and closing of voting, for member registration and for cut off of registration at any meeting at which the tabulation of votes is to take place shall be determined by the Inspector(s) of Election.
C.
Any candidate or other member of the Association may witness the counting of the votes; however, to avoid interference with the inspectors and to ensure accuracy of the tabulation, no such person may come within five (5) feet of any Inspector(s) of Election while the votes are being counted.
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D.
No person, including an Association member or an employee of the management company, shall open or otherwise review any ballot prior to the time and place at which the ballots are counted and tabulated.
E.
The unopened envelopes containing the secret ballots may be counted prior to the vote tabulation for purposes of determining the presence of a quorum.
F.
Any secret ballot envelope that is opened prior to the tabulation by the Inspectors of Election will not be counted for purposes of the vote or election but will be counted for quorum purposes only.
G.
Where the name of the separate interest number on the upper left hand corner of a returned secret ballot envelope differs from the name of the owner of record on file with the Association as of the date of the meeting, the envelope will not be opened and the ballot will not be counted, but the ballot will be counted for quorum purposes only.
H.
As ballots are counted, votes shall be recorded or tabulated in a procedure to be decided by the Inspector(s) of Election.
I.
In the event of any ballots which are disputed or unclear, those ballots shall be set aside until the counting of all other ballots is complete.
J.
If the ballots set aside would not affect the outcome of the election, the inspector(s) need not take any further action regarding those ballots, but shall keep them separate from the other votes, and note in the tally the number of ballots which were not counted.
K.
If the ballots set aside as disputed or unclear would affect the outcome of the election, the Inspector(s) shall review each of the ballots in question and shall by majority vote determine if the ballot shall be counted. The Inspectors shall reasonably attempt to give meaning to every ballot.
L.
i.
A ballot casting too many votes may not be counted.
ii.
A ballot may not be counted if it cannot be determined as to what the member voted.
iii.
A ballot which contains writing or markings identifying the maker of the ballot shall not be rejected, but the inspectors shall obliterate the writing or marking so that the ballot is secret and does not identify the maker.
iv.
A ballot casting votes for a candidate not nominated shall be counted as to any votes it contains that were cast for nominees.
v.
An envelope containing more than one ballot shall result in all ballots contained therein being disregarded.
After determining ballots which were rejected, those ballots shall be separated from the ballots which were counted. The tally sheet shall indicate how many ballots were not counted but need not state the reasons for each ballot not counted. Keys Breeze
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14.
COUNTING VOTES – GENERAL MEMBERSHIP MEETING VOTING PROCEDURES The following procedures shall be followed when the membership vote is taken in conjunction with a membership meeting where ballots will be counted. A.
The times for opening and closing of voting, for member registration and for cut off of registration at any meeting at which the tabulation of votes is to take place shall be determined by the Inspector(s) of Election.
B.
Any candidate or other member of the Association may witness the counting of the votes; however, to avoid interference with the Inspectors and to ensure accuracy of the tabulation, no such person may come within five (5) feet of any Inspector(s) of Election while the votes are being counted.
C.
No person, including an Association member or an employee of the management company, shall open or otherwise review any ballot prior to the time and place at which the ballots are counted and tabulated.
D.
The unopened envelopes containing the secret ballots may be counted prior to the vote tabulation for purposes of determining the presence of a quorum.
E.
Any secret ballot envelope that is opened prior to the tabulation by the Inspector(s) of Election will not be counted for purposes of the vote or election but will be counted for quorum purposes only.
F.
Where the name of the separate interest number on the upper left hand corner of a returned secret ballot differs from the name of the owner of record on file with the Association as of the date the ballots were mailed, the ballot will not be counted, but will be counted for quorum purposes only.
G.
As ballots are counted, votes shall be recorded or tabulated in a procedure to be decided by the Inspector(s) of Election.
H.
In the event of any ballots which are disputed or unclear, those ballots shall be set aside until the counting of all other ballots is complete.
I.
If the ballots set aside would not affect the outcome of the election, the Inspector(s) need not take any further action regarding those ballots, but shall keep them separate from the other votes, and note in the tally the number of ballots which were not counted.
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J.
K.
15.
If the ballots set aside as disputed or unclear would affect the outcome of the election, the inspector(s) shall review each of the ballots in question and shall by majority vote determine if the ballot shall be counted. The inspector(s) shall reasonably attempt to give meaning to every ballot. i.
A ballot casting too many votes may not be counted.
ii.
A ballot may not be counted if it cannot be determined as to what the member voted.
iii.
A ballot which contains writing or markings identifying the maker of the ballot shall not be rejected, but the Inspectors shall obliterate the writing or marking so that the ballot is secret and does not identify the maker.
iv.
A ballot casting votes for a candidate not nominated shall be counted as to any votes it contains that were cast for nominees.
v.
An envelope containing more than one ballot shall result in all ballots contained therein being disregarded.
After determining ballots which were rejected, those ballots shall be separated from the ballots which were counted. The tally sheet shall indicate how many ballots were not counted but need not state the reasons for each ballot not counted.
ANNOUNCEMENT OF RESULTS/TIE BREAKER A.
The results of the vote or election shall be promptly reported to the Board of Directors of the Association, shall be recorded in the minutes of the next meeting of the Board of Directors and shall be available for review by members of the association.
B.
In the event of a tie between two candidates for election to the Board, the winner will be determined by a coin toss. The coin toss shall be administered by one of the appointed elections inspectors. In the event of a tie among more than two candidates, the winner will be determined by drawing numbers. The winning candidate will be the candidate drawing the highest number from 1–10.
C
Within fifteen (15) days of the vote or election, the Board shall publicize the results of the election in a communication directed to all members. This may be done by posting of a notice in the same manner in which other notices are posted by the Association.
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16.
RETENTION OF ELECTION RECORDS; INSPECTION A.
Election materials which include 1) returned ballots, 2) signed voter envelopes , 3) the voter list of names, parcel numbers, and voters to whom ballots were to be sent, 4) proxies and 5) candidate registration list shall be retained by the inspectors of election or at a location designated by the inspector(s) until after the tabulation of the vote, and until the time allowed by Section 5145 for challenging the election has expired, at which time custody shall be transferred to the Association. Signed voter envelopes may be inspected but shall not be copied.
B.
When received by the Association, election ballots shall be stored by the Association at the office of the managing agent. In the event the Association has no managing agent, the election materials shall be stored by the Association Secretary in a secure place for no less than one (1) year from the date of receipt.
C.
After one (1) year after the Association has received possession of the election materials, they may be discarded.
D.
Any member may inspect the election materials, upon reasonable notice to the Association’s managing agent, or secretary (in the event the Association does not at the time have a managing agent).
E.
Under no circumstances shall the Inspector(s) of Election, the Association’s managing agent, or the secretary keep the election materials in a fashion which identifies the vote cast by any particular member or otherwise which destroys the secrecy of the balloting.
F.
In the event of a recount or other challenge to the election process, the Association shall, upon written request, make the ballots available for inspection and review by association members or their authorized representatives. Any recount shall be conducted in a manner that shall preserve the confidentiality of the vote.
G.
If there is any cost to the inspection, such as photocopying charges or charges by the managing agent for accommodating the inspection, such cost shall not be borne by the Association but shall be paid by the requesting member.
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17.
MEMBER OBLIGATION TO VERIFY VOTER LIST; CORRECTIONS A.
Pursuant to Civil Code Section 5115, any member has the right to inspect the voter list to verify the accuracy of their name and mailing address on the voter’s list prior to a ballot being distributed.
B.
Voter lists shall be made available for this purpose at least thirty (30) days before the ballots are distributed.
C.
The members shall report any errors or omissions on the voter list to the inspector(s) of elections.
D.
The inspector(s) of elections shall correct any voter list errors reported within two (2) business days of the date reported.
CERTIFICATE OF SECRETARY These Election Rules, Voting Procedures and Director Qualifications were adopted on ___________ by a vote of the Board of Directors. ______________________________________________________________ Signature of Secretary
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