Keys Breeze November 2022

CMT STAY CONNECTED

Stay connected and fully informed with all news and information regarding the Control Methods Test (CMT) Project using the following resources:

1. Go to www.keysweedsmanagement.org and click on the ‘CMT Project’ page on the top left navigation tab. This will lead you to all relevant information

2. Go to www.keysweedsmanagement.org and scroll down to ‘Latest News’ on the main page. This will provide you with all news articles regarding CMT and all TKPOA projects.

3. Head to www.tkpoa.com and click on the ‘News’ page on the top navigation tab in the center. This will lead you to all recent news articles about CMT and TKPOA at large.

4. Head to www.tkpoa.com and click on Documents to navigate to the Documents Folder Page. Click on the Water Quality folder and then on the Control Methods Test (CMT) folder. This will provide you with documents and information related to the CMT.

For all information and updates, please refer to the TKPOA Water Quality website at www.keysweedsmanagement.org. You can also contact the TKPOA Association Office Monday - Friday from 8:30 AM - 4:30 PM, Saturday - Sunday from 10 AM - 2 PM or call 530-542-6444.

To contact the TKPOA Water Quality Department directly, please call 530-542-6444 extension 275 Monday - Friday from 8:30 AM - 4:30 PM or email waterquality@tahoekeyspoa.org.

TAHOE KEYS PROPERTY OWNERS ASSOCIATION

Mark J. Madison Interim General Manager, ext. 224

Heather Blumenthal Operations Manager, Ext. 228

Wayne Walton

Accounting Manager, Ext. 227

Linda Callahan

Architectural Control Dept. Manager, Ext. 239

Alison Cherko

Project Coordinator/ Property Manager, Ext. 241

Security (530) 545-0847 Water Company (530) 318-4268 Kristin Lebo Water Quality Manager, Ext. 275

Front Desk Attendant Dial 0

2021–2022

BOARD OF DIRECTORS

Dave Peterson, PRESIDENT

Peter Grant, VICE PRESIDENT

Ken Silveira, TREASURER

Michelle Pandori, SECRETARY

Joby Cefalu, DIRECTOR

Jim Siegfried, DIRECTOR

Pete Wolcott, DIRECTOR

DAVIS STIRLING CIVIL CODE § 4041 – PROPERTY OWNERS MAILING ADDRESS INFORMATION

By Heather Blumenthal, Operations Manager

As of January 1st, 2017, every California community association has been required to ask its members to provide their contact information and property status.

Civil Code § 4041 has required, starting January 1st, 2017, that each association must solicit the following information from its members and an owner of a separate interest shall, on an annual basis, provide written notice to the association of all of the following:

1. The address or addresses to which notices from the association are to be delivered.

2. An alternate or secondary address to which notices from the association are to be delivered.

3. The name and address of the owner’s legal representative, if any, including any person with power of attorney or other person who can be contacted in the event of the owner’s extended absence from the separate interest.

4. Whether the separate interest is owner-occupied, is rented out, if the parcel is developed but vacant, or if the parcel is undeveloped land.

Although the statute does not mention how often an association must solicit this information, it does state that each member is responsible for providing this information to the association on an annual basis. The association shall solicit these annual notices of each owner and, at least 30 days prior to making its own required “Annual Disclosure”. TKPOA has previously provided this information request for 2022 via a mailing to its members in September 2022.

If a Property Owner fails to provide the notices set forth in requirements (1) and (2) above, the last address provided

in writing by the owner or, if none, the property address shall be deemed to be the address to which notices are to be delivered.

It’s important to note that as long as the Association requests all of the contact information above, Civil Code § 4041 places the responsibility on the Property Owners to provide their correct and current contact information. Requiring members to provide this information should aid associations in giving notice of meetings or for other required notices as well as with the collection of delinquent assessments as it should help negate the argument that a notice was sent to the wrong address in the future.

The Association also utilizes updated information provided on Form 4041 to update the membership list that includes member names, property addresses, mailing addresses, and email addresses that may be requested in writing to the Association. Written requests are submitted to the Association for proper purpose requirements based on Civil Code §5210, §5200 (a) (9). A member of the Association may opt-out of sharing they name, property address, mailing address, and/or email address for these listings by notifying the Association in writing. A membership list opt-out form may be requested from the TKPOA Pavilion Office and is also provided in the Annual Disclosure Mailing.

Please contact the TKPOA Front Desk Staff at info@ tahoekeyspoa.org if you have a change of Property Owners Information and would like to request a Change of Address, 4041 Form Information, or Membership List Opt-Out form.

As we enter the colder months, I wanted to share my check list for prepping your home for winter:

1. Leave your thermostat set to at least 55 degrees. DO NOT completely turn your heater off, even when you leave town, you need to maintain the home at a temperature that will prevent the pipes from freezing.

2. Have you scheduled your snow removal service for the year? If you need a referral, con tact me, and I will set you up with the right person that covers your neighborhood.

3. Is your snowblower in good working order?

4. Has your heater been serviced in the last 12 months?

5. Have you closed your vents in the crawl space?

6. Have you winterized your irrigation system?

7. Is your heat tape in working order?

8. Have you disconnected your hose from the hose bib?

9. Are your exterior pipes insulated and/or wrapped in heat tape?

10. How's the weather stripping around all windows and exterior doors? This prevents draft and overall, is more energy efficient.

11. How's your roof? Check for loose shingles or hire a roofer to give you a professional roof inspection.

12. And last but not least, are your skis/boards waxed and ready to go?

Feel free to contact me if you need any referrals to help you with any winterization tasks. Cheers!

EATING RIGHT WITH DIABETES

November is National Diabetes Month, a great time to explore the role that nutrition and lifestyle choices play in our lives. Although eating habits can be difficult to change, simple adjustments can be beneficial to manage diabetes and promote better health.

Following a healthy meal plan and being active can help keep your blood glucose level—also called blood sugar— in your target range, a key component to managing diabetes. To manage your blood glucose, you need to balance what you eat and drink with physical activity and diabetes medicine, if you take any.

What you choose to eat, how much you eat, and when you eat, are all important to keep your blood glucose level in the range your care team recommends. Some healthy habits include:

Make half your plate vegetables. Include non-starchy vegetables such as leafy greens, asparagus, carrots, peppers, cucumber, tomatoes, and broccoli each day. These promote gut health and can reduce risk of cancer and cardiovascular disease, while not raising your blood glucose levels significantly.

Choose high fiber carbs. Increase the amount of fiber you consume by eating at least half of all grains as whole-grain foods each day. Brown rice, buckwheat, oatmeal, whole-wheat breads, and cereals are good examples. Dried beans and peas (legumes) can also lower cholesterol and provide extra protein. Whole fruits also contain fiber, vitamins, and minerals and can satisfy your sweet tooth.

Mix it up. Choose foods from each food group. By adding variety, you increase your chances of getting a healthy balance of beneficial nutrients.

Cut the fat. Opt for fish, skinless poultry, and extralean meats whenever possible. Go meatless routinely, by swapping out meat for plant proteins like tofu, lentils, and other legumes. Bake, broil, roast, grill, boil, or steam foods instead of frying. Choose more fat-free dairy products. Top salads with lemon juice or balsamic vinegar instead of creamy or oily dressings.

Not so salty. Minimize salt and substitute more pepper, herbs, and spices. Eating less salt helps control blood pressure, protect the kidneys and reduce fluid retention.

Mind your portions. Try not to overeat at any one meal. Spread your carbs out through the day. Read food labels and pay attention to portion sizes and nutrition content. Focus on your food. Avoid multitasking while eating.

Eat slowly. Take time to savor the tastes, textures, and aromas from the foods that are nourishing your body.

Don’t skip. Skipping meals can make you more hungry, moody, and unable to focus. Learn what works best for you. Find an eating pattern that is healthy for your blood glucose levels and stick with it.

Screenings are available to determine your blood glucose levels. A registered dietitian can help you develop good habits to manage your diabetes, help you understand the different roles of foods, and ensure you're getting the proper amount and variety of nutrients in your diet.

Lynn Norton is a Registered Dietitian with Barton Health. In-person and virtual, 1-on1 counseling can be scheduled by calling 530.543.5824. Contact your primary care provider to schedule a blood glucose test.

BOARD ACTIONS SUMMARY

By Heather Blumenthal, Operations Manager

OCTOBER 17TH – BOARD OF DIRECTORS

SPECIAL EXECUTIVE SESSION

BOARD ACTIONS

• Reviewed 2 Legal Matters

• Reviewed 4 Personnel Matters

OCTOBER 17TH – BOARD OF DIRECTORS

SPECIAL REGULAR MEETING

BOARD ACTIONS

• Appointed Dave Peterson as the Board President for the 2022-2023 Board Term

• Appointed Peter Grant as the Board Vice President for the 2022-2023 Board Term

• Appointed Ken Silveira as the Board Treasurer for the 2022-2023 Board Term

• Continued appointed of the Board Secretary for the 2022-2023 Board Term to the October 19th, 2022 Board Meeting

• Adopted Board Resolution 2022-2023 to Conduct Emergency Board Meetings via Email

• Appointed Ken Silveira as the Board Liaison for the Cove Advisors Committee

• Appointed Pete Wolcott as the Board Liaison for the Water Quality Committee

• Disbanded the Tahoe Keys Boulevard Median Project Ad Hoc Committee since the Committee completed its charter

• Removed Brad Haskin from the Bylaws and CC&Rs Communication Ad Hoc Committee

• Accepted Al Chandler’s resignation from the Bylaws and CC&Rs Communication Ad Hoc Committee

• Appointed Peter Grant as the Board Liaison for the Bylaws and CC&Rs Communication Ad Hoc Committee

• Appointed Peter Grant as the Board Liaison for the Tahoe Keys Vision Ad Hoc Committee

• Disbanded the Lake Tallac Property Owners Property Options Ad Hoc Committee since the completed its charter

• Re-established the Water Company Ad Hoc Committee for the purposes of working with the General Manager on a potential merger of the Tahoe Keys Water Company with the South Tahoe Public Utility District and to appointed Pete Wolcott, Ken Silveira, and Joby Cefalu as the Committee Chair and Board Liaison

• Appointed Pete Wolcott to the Boating and Waterways Ad Hoc Committee

• Removed Bonnie Halleran from the Board Disciplinary Subcommittee and appointed Dave Peterson

• Combined the Tahoe Keys Marina and Yacht Club

Board Subcommittee and the Corporation Yard Construction Project Board Subcommittee into one Board Subcommittee and removed Bonnie Halleran from the Subcommittee and appointed Jim Siegfried.

• Removed Keiron McCammon from the El Dorado Community Foundation (EDCF) 501 3(c) Committee and appointed Pete Wolcott

• Continued appointment to fill the Board Vacancy left by Joy Norem’s resignation to the October 19th, 2022 Board Meeting

• Approved a membership vote for funding of the Control Methods Test (CMT) Project Year 2.

OCTOBER 19TH – BOARD OF DIRECTORS EXECUTIVE SESSION

BOARD ACTIONS

• Reviewed 2 Personnel Matters

• Reviewed 1 Disciplinary Matter

• Reviewed 5 Legal Matters

OCTOBER 19TH – BOARD OF DIRECTORS REGULAR MEETING

BOARD ACTIONS

• Appointed Michelle Pandori to fill the Board Vacancy for the remainder of the 2022-2023 Board Term.

• Rescinded the previous Board motion approving GT Drafting and Design in the amount of $14,670 and approved the proposal from Borges Architectural Group in the amount of $9,500 for the Tahoe Marina Shores (TMS) Exterior Remodel Design Project to be expensed from TMS Reserve Account #62072.

• Approved the proposal from Tahoe Outdoor Living for the installation of pavers on 6-unit patios in Cove 3A for $29,600 to be expensed from Cove 3A Account #61060.

• Removed all prior Board Members as TKPOA Check Signers and authorized David Peterson, Peter Grant, Pete Wolcott, Ken Silveira, Jonathan (Joby) Cefalu, James (Jim) Siegfried, and Katherine Michelle Pandori as TKPOA Check Signers.

• Directed Staff to send letters to Bavarian Isle and St. Moritz homeowners regarding their bulkhead monitoring and condition assessment responsibilities and option to contract the work themselves by a reasonable date to be determined, otherwise the Association will contract the work on behalf of the Subdivision owners

• Adopted the proposed revision to ACC Rule Section 15 to add ‘Black’ as an approvable Bear Box color.

First Quarter Meeting

Friday, March 18, 2022 at 2:00PM

Second Quarter Meeting

Friday, June 24, 2022 at 2:00PM

Third Quarter Meeting

Friday, September 23, 2022 at 2:00PM

Fourth Quarter Meeting

Friday, December 16, 2022 at 2:00PM

All Meetings will be held in the TKPOA Pavilion and have an accompanying Zoom linkprovided for remote participation. The Zoom link will also be posted on the TKPOA website www.tkpoa.com

All meetings will be recorded for the purpose of documenting meeting minutes.

TKPOA NOVEMBER 2022

CALENDAR + BEYOND

NOVEMBER 2022

1

Board of Directors Special Executive Session –Management Firm Interviews TBD

2 Board of Directors Special Executive Session –Management Firm Selection TBD

8 ACC Meeting 9:00 a.m. 9 Finance Committee 10:00 a.m. 15 Town Hall Forum – CMT Project 6:00 p.m. 16 Board of Directors Executive Session 3:00 p.m.

16 Board of Directors Regular Meeting 5:00 p.m.

Water Quality Committee TBD

Bylaws and CC&Rs Communication Subcommittee TBD

TKPOA Visions Ad Hoc Committee TBD

Water Conservation Ad Hoc Committee TBD

Tahoe Keys Waterways Restoration Fund (TKWRF-501 (c) 3) – El Dorado Community Foundation TBD

DECEMBER 2022

13

ACC Meeting

9:00 a.m. 14 Board of Directors Executive Session 3:00 p.m. 14 Board of Directors Regular Meeting 5:00 p.m.

Water Quality Committee TBD Finance Committee TBD

Bylaws and CC&Rs Communication Subcommittee TBD

TKPOA Visions Ad Hoc Committee TBD Water Conservation Ad Hoc Committee TBD

Tahoe Keys Waterways Restoration Fund (TKWRF-501 (c) 3) – El Dorado Community Foundation TBD

2023 BUDGETS AND ANNUAL DISCLOSURE

By Heather Blumenthal, Operations Manager

The 2023 Annual Budget was approved at the August 24th, 2022 and September 7th, 2022 Board of Directors Board Meetings. Preparation of the budget that was approved followed six months of work that began in April and is the result of significant efforts by the Tahoe Keys Property Owners Association (TKPOA) Staff, the Finance Committee, the Cove Advisors, and the Board of Directors.

The “Budget” actually consists of 19 operating budgets and 20 reserve funding plans. The operating budgets address the planned operating revenues and expenses for the four major funds (Common, Water Company, Water Quality, and Channels & Lagoons), 12 townhouse subdivisions, and four single-family subdivisions.

Each year, the Association must distribute an "Annual Budget Report" and an "Annual Policy Statement" these items and additional required items are included in TKPOA Annual Disclosure.

According to TKPOA Bylaws ARTICLE XII, Member assessment Obligations and Association Finances, Section 5: Budgets and Financial Statements: (a) A pro forma operating budget for each fiscal year

consisting of at least the following information shall be distributed to Members not less than 45 nor more than 60 days prior to the beginning of the fiscal year:

(i) Estimated revenue and expenses of the Association on an accrual basis.

(ii) The amount of the total cash reserves of the Association currently set aside for the future repair or replacement of, or addition to, those major components of the Common Areas and Common Facilities which the Association is obligated to maintain and for contingencies;

(iii) An estimate of the current replacement cost of the estimated remaining useful life of, and the methods of funding to defray repair or replacement of, or additions to, those major components of the Common Areas and Common Facilities which the Association is obligated to maintain;

(iv) A general statement setting forth the procedures used by the Board of Directors in the calculation and establishment of reserves to defray the cost of repair, replacement, or additions to major components of the Common Areas and Common Facilities which the Association is obligated to maintain.

The TKPOA 2023 Annual Disclosure will be mailed out to all property owners in November 2022. All these required Disclosure documents must be distributed by "First-class mail, postage prepaid, registered or certified mail, express mail, or overnight delivery by an express service carrier." (Civil Code §4040.), however upon written consent of members, associations may distribute documents and disclosures electronically. The TKPOA will be sending out 459 2023 Annual Disclosures electronically to those members at a savings of approximately $3,500 to the TKPOA after the remaining 1,069 Disclosures were mailed.

The Davis-Stirling Common Interest Development Act is the California Civil Code and (Section §5300 and §5570) contains the detailed Disclosure requirements and the deadlines for most of these required items. In addition to the required items the TKPOA has included some additional information to further lend explanation to the documents required. The following items are included in the 2023 Annual Disclosure the TKPOA Property Owners will be receiving by mail:

1. Disclosure Documents Index - Civil Code §5300

2. Pro Forma Operating Budget - Civil Code §5300

3. Notice of Assessment Increases - Civil Code §5615

4. 2023 Budget and Assessment Summary- Civil Code §5300

5. Assessment Collection Policy - Lien and Collection Policy Civil Code - §5730, §5310

6. Notice of Assessments, Foreclosures and Payment Plans - Civil Code §5730, §4040(b)

7. Arbitration/Mediation of CC&Rs Disputes - Civil Code §5925

8. Membership Lists - Civil Code §5210, §5200 (a) (9)

9. Member Contact Information - Civil Code §4041, §5650(a), §5660

10. Secondary Address Notification Request Civil Code §5650(a), §5660

11. Electronic Communication Authorization FormCorporations Code §20

12. Insurance Coverage Summary - Civil Code §5300 (a)-(b)

13. Architectural Changes Notice - Architectural Guidelines and Procedures - Civil Code §4765

14. Notice of Intention to Adopt or Change Rule - Civil Code §4360

15. Monetary Penalties Schedule - Civil Code §5850

16. TKPOA Fee Schedule - Civil Code §5850

17. Board Minutes Access - Notice of Right to Minutes of Board Meetings - Civil Code §4900

18. Notice of Document Request Costs - Civil Code §5210

19. Official Communications for the Association - Civil Code §5310

20. Notice of Regular Board Meetings - Civil Code §4920, Corporations Code §5016

21. Disclosure requirements of Business & Professions Codes Section 11500 – 11506

22. Assessment and Reserve Funding Disclosure Summary - Civil Code §5570

23. Annual Update of Reserve Study - Civil Code §5570

24. Online Payment Method – Information

IN CLOSING

The 2023 Annual Disclosure, complete detailed budgets [that include all Townhome/Cove Budgets] and reserve fund reports are available from the Association’s business office located at 356 Ala Wai Blvd., South Lake Tahoe, CA 96150, Telephone (530) 542-6444. These reports will be provided to property owners within five (5) working days of their request, at the expense of the property owner.

Questions on the 2023 Annual Disclosure, budget, reserve funds, or other information can be provided by contacting the TKPOA Office, at 356 Ala Wai Blvd., South Lake Tahoe, CA 96150, Telephone 530-542-6444, or email at hblumenthal@tahoekeyspoa.org, or on the TKPOA website www.tkpoa.com.

Potential Consolidation of the STPUD & TKPOA WATER SYSTEMS

In 2021, after the water crisis that seriously impacted the entire community, the Tahoe Keys Property Owner’s Association (TKPAO) completed a Long-Term Facilities Plan (LTFP). The LTFP identified short and intermediate term projects intended to improve the TKPOA water system and its reliability. The LFTP also identified potential options for operating and maintaining (O&M) the TKPOA Water System.

Early this year, TKPOA retained Farr West Engineering to evaluate the O&M options and in July, Farr West presented a non-economic evaluation to the Board. The evaluation compared five scenarios with different water purveyors, using various criteria and metrics, including:

• Remaining Independent

• Consolidating with the South Tahoe Public Utilities District (STPUD)

• Consolidating with the Lukins Brothers Water Company

• Consolidating with the Golden State Water Company, and

• Consolidating with Liberty Utilities

The results of the Farr West Evaluation concluded that a consolidation with STPUD ranked equal to, or higher than, the other alternatives in every major criterion evaluated. Following two separate reviews of the results, the TKPOA Board directed me to engage with STPUD to further evaluate the potential for consolidation. The Board also assigned two Board Members, Ken Silveira and Joby Cefalu, as a working group, to assist me in that engagement.

I want to be clear that the Board has made no decision on any consolidation at this point. Rather, the Board has simply directed that this working group explore the matter and return to the Board with additional information at some

later date. In fact, all options remain on the table and the TKPOA Board may ultimately determine that one of the other options is best for the Members of Tahoe Keys.

Our working group has now engaged several times with three members of STPUD as a 3x3 Committee. The 3x3 is presently working with other staff and attorneys to determine how a consolidation must be done. A fundamental issue is that a consolidation can be successful if, and only if, there are no subsidies. By that, I mean that a consolidation cannot result in the STPUD customers subsidizing the TKPOA Members and the TKPOA members cannot end up subsidizing the STPUD customers.

Earlier this year, the TKPOA and STPUD also commissioned two studies to evaluate if/ how STPUD could supply water to Tahoe Keys. These studies, referred to as Phase 1 and 2, were prepared by Carollo Engineers and they evaluated numerous water supply options and the required upgrades to the STPUD water system and costs associated with each option. The costs associated with these options, that would need to be borne by the Tahoe Keys Members, range from $6.3 million to $26 million. STPUD staff also made a presentation about this study at the open Board meeting on October 19.

Given the relatively recent direction to explore a consolidation with STPUD, we need to move forward with the Phase 3 evaluation. Phase 3 will analyze the deficiencies of the TKPOA system to determine what improvements are necessary to bring the system up to appropriate levels as required by STPUD. Phase 3 is anticipated to cost between $100-$200 thousand and the TKPOA is proposing that STPUD share some of that cost.

The TKPOA and STPUD are also working with the El Dorado County Water Agency to pursue

grant funding for Phase 3, as well as the physical upgrades that will ultimately needed from the Phase 3 study.

There are many advantages to both parties if a consolidation were to occur. Tahoe Keys cold benefit from having an improved, and more reliable, water system that would prevent another crisis like what occurred last year. STPUD could also benefit from having a larger water supply portfolio and a larger customer base.

With that said, many of our members have posed the following questions that I will do my best to answer here. Take note that the information provided below are my thoughts only and may not reflect the positions or opinions of our Board. I share my thoughts with you to be as transparent as possible, understanding that water matters such as this can invoke deep concerns.

Will this consolidation cost me money?

Yes – In two ways. First, it will cost money to complete the required studies, such as Phase 3, as well as to complete the required administrative and legal activities necessary to facilitate a consolidation. We presently estimate that this will be about $250,000 over the next two years.

Second, upgrades will be necessary to our water system, and these will be costly. How much we don’t yet know as this will be determined from the Phase 3 study. It is important to note however that, in my opinion, these upgrades will be needed regardless of whether we consolidate with STPUD or anyone else. The fact is that we have not kept up with the appropriate repairs and improvements and this has caused the deteriorated water system that we have today.

Would STPUD buy our water system and how much would they pay us for it?

Probably not, and here is why. Say we complete an asset evaluation and determine that the total value of our assets is $10 million. If STPUD, which is a public agency, has to pay us for that, then they would have to turn right around and bill you back for the cost of that expenditure. Remember,

STPUD cannot legally require their customers to subsidize TKPOA Members.

Will STPUD increase our water rates?

This is likely, but your water rates would likely increase regardless. STPUD would logically have to increase our rates if they have to construct the necessary upgrades in Phase 3. On the other hand, if we construct those improvements, you will incur assessment increases to fund those improvements as well.

Will the Members be allowed to vote on this?

Yes. Our legal research indicates that any such transfer (or consolidation of assets) would be subject to a vote by the Members. It is also my sense that our Board would want you to have that say, irrespective of the law or what our Bylaws might require.

What is the timing for this consolidation?

First, I want to reiterate that no decision has been made to consolidate. We are only exploring the matter to determine if this may be in the best interests of our members, and how it would be done. If this option is determined to be viable, and if the Board and Members were to approve such a consolidation, it is my estimate that it will take 12-24 months from now to complete.

In the meantime, our water system has been stabilized and provides safe drinking water. However, it will be operating at reduced capacity until long-term improvements can be made.

Once again, this information is provided to provide you an update on this matter. We recognize how important this is to everyone and it is imperative that you stay informed going forward.

Mark J. Madison Interim General Manager

By Heather Blumenthal, Operations Manager

Beginning this past January 1st, 2022, there has been a change in the Davis Stirling Civil Code, that now requires Associations to request members' preferred delivery method (email, mail, or both) for notices and disclosures. In addition, Associations must annually give notice that members are not required to provide their email address to the Association (Civil Code §4041). This notice must be given no later than 30 days prior to mailing the annual budget report (we also call this the “Annual Disclosure”). If a preferred method is not selected by a member, then notices and documents must be sent by First-class mail, postage prepaid, registered, or certified mail, express mail, or overnight delivery by an express service carrier (Civil Code §4040).

This is currently the practice of the Tahoe Keys Property Owners Association (TKPOA) in following this Civil Code §4041 requirement, in providing the Annual Disclosure Mailing and “Official Notices” via Postage Prepaid Mail and in the Keys Breeze. (This has also been the practice for the past seven years once the Keys Breeze went to a monthly publication in 2015).

The new provision in this 2022 Davis Stirling Civil Code change is that for documents requiring general delivery, Associations can now post the documents on their website provided this is disclosed to the members in the Association's Annual Policy Statement (aka the TKPOA Annual Disclosure). (Civil Code §4045)

As stated above this would then allow the TKPOA to cut down on it’s direct mailing by Postage Prepaid to TKPOA Property Owners, which will result in an overall cost savings, of postage, mailing material, TKPOA Staff, Volunteers, Contracted Companies time and effort to produce these mailings.

As of July 20th, 2022 the TKPOA Board of Directors have provided the TKPOA Staff “Board Direction” to begin this process of notification to members using the TKPOA Website, but also continuing our current practices. Because this change cannot “officially” take place until the “TKPOA Annual Disclosure” is issued in November 2022.

The Keys Breeze publication meets the requirements of a California Homeowners Association for a Common Interest Development “Official Communication” method to its members; because this is the monthly publication of the Keys Breeze.

In meeting these “Official Communication” requirements, TKPOA has utilized the Keys Breeze for Civil Code §4360. Notice and Approval of Rule Change by Board of Directors. The Keys Breeze can also continue to be used for the “Official Communication”

for notification to the TKPOA Property Owners, in combination with this new notification method of posting items on the TKPOA Website, currently and officially after November 2022. Ideally this method would be utilized for limited rule changes of no more than a page of copy. In doing so, the TKPOA again will save money on direct mailing and staff costs to prepare rules change mailings.

The Davis-Stirling Act Civil Code §4040 and §4045 and §4050 indicates Association documents shall be delivered by one or more of the following methods:

1. Personal delivery.

2. First-class mail, postage prepaid, addressed to a member at the address last shown on the books of the Association or otherwise provided by the member. Delivery is deemed to be complete on deposit into the United States mail.

3. E-mail, facsimile, or other electronic means if the recipient has agreed to that method of delivery. The agreement obtained by the Association shall be consistent with the conditions for obtaining consumer consent described in Section 20 of the Corporations Code. If a document is delivered by electronic means, delivery is complete at the time of transmission.

4. By publication in a periodical that is circulated primarily to members of the Association. [The Keys Breeze would qualify for this definition].

5. If the Association broadcasts television programming for the purpose of distributing information on Association business to its members, by inclusion in the programming.

6. A method of delivery provided in a recorded provision of the governing documents.

7. Any other method of delivery provided that the recipient has agreed to that method of delivery.

A document may be included in or delivered with a billing statement, newsletter, or other document that is delivered by one of the methods provided in the method list above 1-7.

For the purposes of this section, an unrecorded provision of the governing documents providing for a particular method of delivery does not constitute agreement by a member of the Association to that method of delivery.

The Keys Breeze publication also meets the standards of the Corporations Code §5016. Notices and Reports Via Newsletters, that applies to California Homeowners Association for a Common Interest Development. Code §5016: A notice or report mailed or delivered as part of a newsletter, magazine or other organ regularly sent to members shall constitute written notice or report pursuant to this division when addressed and mailed

or delivered to the member, or in the case of members who are residents of the same household and who have the same address on the books of the corporation, when addressed and mailed or delivered to one of such members, at the address appearing on the books of the corporation.

As our Publishing Disclosure Notice (that is located on the second page of each publication) states: The Keys Breeze is still and will continue as the official monthly publication of the TKPOA, which is located at 356 Ala Wai Blvd, South Lake Tahoe CA 96150. Each membership parcel receives on subscription 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 TKPOA or its Board of Directors of the projects, services or views contained therein.

To clarify in the last four years the Keys Breeze publication has “paid for itself” as it has done so in the past four, years and many of the previous years. Through the advertisers the Keys Breeze is published monthly to all TKPOA Property Owners free of charge. There are no line item expenses in the TKPOA Budget for the Keys Breeze production. The only cost to the TKPOA is the TKPOA Staff, and Board Members personal time in writing the articles and occasionally the cost for a special photograph, layout, or artwork, which is minimal.

With publication of this August 2022 Keys Breeze issue

the TKPOA has completed over four years of monthly publications with our current publisher Just Imagine Marketing, Kathy Hess-Slocum. I would like to thank TKPOA Staff members, TKPOA Board members, Kathy Hess-Slocum, and her team for all of their hard work, writing, and editing each issue. This effort has provided the monthly Keys Breeze Magazine to the 1528 Property Owners free of charge for the past four years.

I have personally received very positive and insightful feedback from many TKPOA members over the past few years. Many comments they now read the Keys Breeze cover to cover. If you miss an issue you can always catch up online via our TKPOA website: www.TKPOA.com where each monthly issue of the Keys Breeze is posted in digital format. The monthly Keys Breeze Magazine is printed on recycled paper with soy-based ink and has been for the past 10 years.

If you need a copy of the current TKPOA Association Operating Rules, Architectural Control Rules (ACR), BYLAWS, Covenants, Conditions, and Restrictions (CC&R’s) and Governing Documents they can be found on the TKPOA website: www.TKPOA. com or contact the TKPOA Front Desk at 530-5426444 Monday through Friday 8:30AM - 4:30PM, Saturday and Sunday 10:00AM - 2:00PM. Additional information can be located on the TKPOA website at www.tkpoa.com

For advertising opportunities please contact Kathy Hess-Slocum at Just Image Marketing and Design at 775-846-5656 or kathy@justimaginemktg.com.

CMT YEAR 2 FUNDING REFERENDUM

The future of the weeds and water quality in the Keys Lagoons will be decided in the upcoming Control Methods Test Year Two Funding Referendum. The emergency assessment that the TKPOA Board approved at the August open board meeting only covered year 1 of the Control Methods Test. That direction means that the funding decision for years 2 and 3 of the CMT goes to a member vote. Ballots for that vote are scheduled to be mailed on November 10th, 2022. The ballots will be counted at the board meeting on Wednesday, December 14th, 2022, at 5:00PM. The CMT is a critical step toward getting the weeds under control and improving water quality in our lagoons. The special assessment ballot required to fund continuation of the CMT requires a quorum of 50% of the members so please plan to vote!

TKPOA will host a Town Hall Forum on Tuesday, November 15th, 2022, from 6:00pm to 8:00pm to discuss and answer questions about the CMT. Members will get an update on the results of year 1 of the test, as well as a thorough review of the budget and funding plans for year 2. Executives from the Tahoe Regional Planning Agency (TRPA) and the League to Save Lake Tahoe will attend and present their views on the importance of the CMT and our collaborative efforts to get the invasive weeds under control. You can attend in person at the Pavilion or online via Zoom. Zoom conference call information can be found under the Events Calendar on the website, www.tkpoa.com.

BOARD OF DIRECTORS OFFICERS AND BOARD

By Heather Blumenthal, Operations Manager

At the October 17th, 2022 Board of Directors – Special Open Meeting the Board officers were selected for the 2022-2023 term and board meeting dates where approved.

For the 2022-2022 Term the Board Officers are as follows: Dave Peterson – President, Peter Grant – Vice President, Ken Silveira – Treasurer. Michelle Pandori was appointed to the Board to fill the vacancy left by Joy Curry Norem’s resignation, for the remainder of the 2022-2023 Board Term. Michelle Pandori was also appointed as the Board – Secretary. The following Board Members will serve as Directors Pete Wolcott, Joby Cefalu, and Jim Siegfried.

The Board Meeting schedule for November 2022 are as follows: Executive Session Meeting, November 16th, 2022 at 3:00PM, and the Regular Open Board Meeting at 5:00PM, November 16th, 2026.

For 2022-2023 Board Meeting schedule November 2022September 2023 the Regular Open Board Meetings are scheduled on third Wednesday of the month at 5:00PM with the Executive Session Meeting scheduled at 3:00PM the same Wednesday.

The Tahoe Keys Property Owners Association (TKPOA) Board of Directors will continue to hold the Regular Open Board Meetings as an in-person and webhosted meeting using the Zoom conference call application. The Regular Open Board Meetings are scheduled for the third Wednesday of each month at 5:00PM.

Any TKPOA Property Owners can attend the Regular Open Board Meetings, in person or through the webhosted Zoom application. For each Regular Open Board Meeting, the meeting Agenda and the Zoom link and instructions are posted on the TKPOA Website at www.tkpoa.com, four days or more prior to the meeting.

You can find this by using the website calendar which is located in the “EVENTS” drop down menu, you can find the meeting date click on it and it will bring up the agenda and Zoom Instructions. The meeting agendas are also posted on the TKPOA Pavilion bulletin board four days or more prior to the meeting as well.

For additional information and assistance the TKPOA Administrative Staff is available by phone at 530-5426444 from 8:30 AM until 4:30 PM Monday – Friday, 10:00 AM until 2:00PM Saturday and Sunday, or via email at info@tahoekeyspoa.org.

2020-2022 BOARD MEMBER RECOGNITION

By Heather Blumenthal, Operations Manager

On behalf of Tahoe Keys Property Owners Association (TKPOA) Board Members, Management, Staff, and Members, we would like to thank the recent Board Members that have completed their Board Terms, Bonnie Halleran, Keiron McCammon, Steve Shepherd, and Joy Norem, for their time and dedication in serving the Association. Bonnie Halleran – Vice President has completed her elected Board Term from 2020-2022. Keiron McCammon – Director has completed his elected Board Term from 2020-2022. Steve Shepherd - Director has completed his Board elected Term from 2020-2022. Joy Norem – Secretary completed the first year of her elected Board Term for 2021-2023 prior to resigning after selling her TKPOA property.

We would like to thank and commend these Board Member Volunteers for all their time and efforts during their completed terms!

COVE ADVISORS NEEDED

COVE ADVISORS NEEDED FOR ALOHA ISLE, PINESTONE

2,

ST. MORITZ, AND MOUNT TALLAC VILLAGE III

It is important that all TKPOA subdivisions are represented by a property owner living within their subdivision. Per the Advisor rules, any owner in good standing may volunteer to serve as the Advisor to their Subdivision or Cove. Otherwise the property owners may nominate themselves or another owner within that subdivision, confirmed by a vote of the Board of Directors.

Each Cove Advisor is responsible for handling the general affairs of the cove including unit/common area facilities; report maintenance, repair and other property owners issues to TKPOA management and follow-up in keeping those property owners up to date with current events, general affairs of projects happening within the Keys, and manage the cove’s budget.

If you want to volunteer or nominate a fellow owner please complete the “Request to be Appointed” form, which can be found on the TKPOA website: www.tkpoa. com under Documents in the Cove Advisors folder. Please return your completed form to Operations Manager Heather Blumenthal at hblumenthal@tahoekeyspoa.org, or turn in at the Pavilion Office located at 356 Ala Wai Blvd, South Lake Tahoe, CA 96150.

Sincerely,

Carl Frederick

COVE 3A ADVISOR CO-CHAIR ADVISOR COMMITTEE

Notice of Change in Operating Rules

TEXT OF ADOPTED CHANGES

(Deletions are shown in strikethrough type and additions in boldface underlined type)

The TKPOA Board of Directors approved to adopt the following changes to Association Operating Rules at the September 21st, 2022, Regular Board of Directors Meeting. These changes were to add clarification to the previously adopted rule and were not required to be sent out for a Membership Review Period.

Purpose and Effect of Proposed Rule Change

To further clarify Architectural Control Rules

ACC Rules Section 15 Misc. Provisions for exterior grounds, storage, and structures

15.02a Bear Boxes may be considered under the following circumstances:

• Must be approved by ACC.

• May not be positioned in side or rear setback areas.

• May not be placed closer than 10 feet from the front curb or further than 1 foot from the driveway. 10-foot curb measurement begins from the bear box pedestal.

• Must be green, gray, black, or brown in color. No customizations or murals.

• May be placed where they can be screened from view from the street and neighboring properties.

• Installations accommodating more than 2 standard garbage cans will not be allowed.

2022 8TH ANNUAL TAHOE FILM FEST

Tahoe Film Fest was chosen as one of only three film festivals to screen Steven Spielberg’s new film THE FABELMANS - the other two being AFI Film Fest in Los Angeles and Toronto Film Festival in Canada where it won the People’s Choice Award.

Tahoe Film Fest will take place December 1-4, 2022 at the Incline Village Cinema, the Village Cinemas at Northstar and Crystal Bay Casino Crown Room.

WOMEN TALKING and SHE SAID are two hugely important films that have gained global attention this year in most of the major film festivals.

National Geographic Documentary Films has partnered with Tahoe Film Fest since our beginning and this year we present FIRE OF LOVE, THE TERRITORY, RETROGRADE and THE FLAGMAKERS. Three other notable films in this category include WILDCAT, ALL THAT BREATHES and DEAR RIDER: THE JAKE BURTON STORY.

We are celebrating American Independent films KAEPERNICK & AMERICA, ONLY IN THEATERS, GOD’S COUNTRY, PRETTY PROBLEMS and Amy Redford’s new film ROOST.

We welcome two films from the country of France - CORSAGE and LOST ILLUSIONS which won seven Cesar Awards - the French equivalent to our Academy Awards. BROKER is a new film from South Korea which won a Best Actor award at this year’s Cannes Film Fest.

In keeping with our spectacular music documentary series at the best music venue in North Lake Tahoe, we secured the following films for the Crystal Bay Casino Crown Room: BRIAN WILSON: LONG PROMISED ROAD, MOONAGE DAYDREAM (a new David Bowie documentary), JAZZ FEST: A NEW ORLEANS STORY, HALLELUJAH: LEONARD COHEN A JOURNEY, A SONG and CAROLE KING & JAMES TAYLOR: JUST CALL OUT MY NAME.

Two special events during the festival include a screening of FREE PUPPIES! which will benefit the Pet Network Humane Society as well as a screening of SUBJECT which premiered at Tribeca Film Festival and is directed by Incline Village native Jennifer Tiexiera.

For film descriptions, tickets, film fest passes and further information - please visit our websitetahoefilmfest.com

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