Three Canyons Ranch Master Homeowners' Association P. O. Box 970 Hereford, AZ 85615 Board Meeting Minutes September 18, 2002 Members Signed In: Bev Pickering, Veronica Mestaz, Mike Roddey, P.J. Picard, Bob Gilbert, Liz Woods, Dave & Dottie Brown, Tommy Stoner, Nancy Howard, Jim & Jan Muldowney, Grant McLean, Bob Schneider, Bob Chasan Board Members Present: Tom Pickering, Evans Guidroz, Gerald Chouinard, Jim Dobis, Darryl Crowley, Gene Mundt, Dave Paris, Jim Arndt, Gary Brock, Rita Doyle Board Members Absent: Jack Dempsey
Call to Order Acceptance of July 13 and August 14 Minutes The minutes were accepted unanimously. Call to Membership Dave Brown asked about the sign on the West end of 3 Canyons Road. It appears as though someone ran into it with a vehicle. J. Dobis suggested an incident report be filed with the Sheriffâ??s Department. Acceptance of Agenda The agenda was accepted with the following deletions: Reimbursement to J. Dobis Lock for Kings Ranch Road gate. President's Report T. Pickering reminded members that it was their homeownersâ?? association and they should voice their concerns and get involved. Treasurer's Report J. Dempsey was absent, T. Pickering reported the following account information: Regular Fund $29,601.84 Capital Fund $14,117.43 Line of Credit remaining $53,320.78 Principal owed $229,179.22 Attorney's Report Status of Quit Claim Deeds - The President has instructed counsel to withhold mailing the quit claim deeds until unresolved problems have been researched further. Status of Obtaining Full Legal Right to Access the West Gate and Property - Castle & Cook, AZ is reviewing gate modification and grant of easement. Committee Reports Gate Committe -- Chairperson J. Arndt reported George Chechopoulos had resigned from the committee and nominated Nancy Howard to replace him. The Board approved unanimously. J. Arndt explained that further progress was hindered because of the lack of data available on the gate. J. Arndt made a motion that the Association rule regarding remote controls per family be changed to include a charge which would cover the cost of the remotes. D. Crowley seconded. Passed. (Refer to Association rules attached). Discussion: D. Brown mentioned two remotes per family was reasonable. V. Mestaz suggested actual resident addresses be used instead of vehicle registration when remotes are being distributed. Master Design Committee -- D. Crowley reported plans for one new construction and one new wall have been approved, and one new construction was pending the receipt of a building permit and legible plot plan. D. Crowley distributed a fine schedule to the board and made a motion that it be approved. Discussion: R. Doyle questioned whether a time schedule of 12 months to complete construction was covered in the CC&Rs, and thought the fine of $1.000 per thirty days was excessive and wondered whether, if challenged, could be held up in court. T. Stoner questioned whether the fine schedule was in violation of the Master Declaration, and stated that he thought some board members were in violation. He also asked that the Board ensure this fine schedule was not in violation of AZ state laws. P.J. Picard, a member of the MDC, said that she had not had enough time to review the schedule and felt it was being pushed through too quickly. She also asked when, if passed, it would go into effect. D. Crowley suggested it be included with the minutes and go into effect immediately. R. Chasan questioned the disparity of having 12 months to build, but only 9 months to live in an RV while construction was going on. J. Muldowney asked if it was possible to be in compliance with the County, but at the same time be in violation of the MDC rules. G. Chouinard said there was a â??safety valveâ?? in place (i.e. the appeals process) and thought we should move forward. T. Pickering reiterated that there was an appeal process and that the intention of the fines was to address flagrant violations. G. McLean said he thought including pools was an unnecessary burden because of County standards regarding fencing and walls. D. Crowley responded that the setback requirements in the CC&Rs are not addressed by the County. G. Brock asked P.J. Picard what specifically troubled her about the schedule. P.J. objected to the haste with which it was being introduced for approval and said she thought the $1,000 per 30 day fine was ridiculous. D. Paris was concerned that a committee member felt she didnâ??t have time to digest the information being discussed. T. Pickering suggested the PROPOSED fine schedule be distributed with the minutes and be tabled until the October meeting. Members should voice their suggestions/concerns to any Board member (contact information is attached), before the October meeting. J. Arndt suggested that out attorney review the fine schedule to see if it is in violation of the Master Declaration or AZ state law. Web Site Committee - Initial web site set up is complete. The web address is Az3canyons.com. The loading of various information pertaining to the Association will commence as the information is handed over to the committee. Map/Ownership Committee - The committee met and Liz Woods was elected chairperson. Updates from the County are scheduled to begin in November. Old Business Association Rules J. Arndt presented changes to the Association rules and made a motion that when finalized they become the responsibility of the Governing Documents committee. Discussion: T. Stoner asked about the availability of the membership list. T. Pickering responded that as part of the AZ open meeting law the list is available to members in good standing. R. Doyle seconded. Passed. (See attached). Status of gate controller, culverts and sign procurement J. Dobis reported there have been numerous problems with getting the gate controller software to work and it has been shipped back to CA for repair. When software is working properly, the database input collected at the annual meeting will be loaded. J. Dobis explained the difference in technology between the remotes originally purchased by the Association and the new remote now available. He recommended and made a motion that an additional $500 be allocated to allow for switch-out of the old remotes for the new model. It was seconded by D. Crowley and passed. Documentation for prospective buyers w/ signage J. Arndt proposed that the Association web address be posted on signs near the east and west ends of 3 Canyons Road so prospective buyers could obtain information about the Association. Discussion: J. Dobis questioned the expense of more signage. D. Crowley reminded the Board of the Countyâ??s likelihood to charge for the sign. B. Pickering suggested a sleeve of information (like realtors use) be available at the west end. The motion was amended to make information available to prospective buyers in some form at both the east and west end. J. Arndt to make proposal. R. Doyle seconded. Passed. Venue for monthly meeting J. Arndt reported he looked into the Palominas Elementary School for our monthly meetings, but that the fee was much too high. New Business Establish Election Rules T. Pickering asked for volunteers to assist with the compiling of election rules. Town Hall Meeting The next town hall meeting is scheduled for Wednesday, October 16, 2002 at 5:30p. This meeting will be held at the Southeast AZ Association of Realtors, 125 South 2nd Street in Sierra Vista. This is where our regular monthly meetings are held. Administrative Services Proposal T. Pickering made a motion that the proposal from Cardinal & Stachel to perform administrative work for the Association at the flat fee rate of $775.00/month be accepted. D. Crowley seconded. Passed effective 10/1/02. Discussion: G. Mundt expressed his concern for increasing legal/administrative fees and said he was in favor if this represented a savings over the previous method of billing (which was hourly). R. Doyle agreed with G. Mundt and stated she is looking into a management company to do the Associationâ??s administrative work if less expensive than Cardinal & Stachel and said as long as there was a 30-day cancellation clause she would approve. Fencing Complaint J. Arndt said he had a complaint from a Section 20E property owner whose fencing had been removed without his permission and was looking for restitution. D. Crowley claimed Robert Artuz did not own the property at the time the fence was removed. Restitution was denied pending proof of ownership at the time fencing was removed. Monthly Distribution of Minutes R. Doyle made a motion that the monthly distribution of minutes end as of January 1, 2003. She cited the cost of the monthly mailings ranging between $200 and $500, and the fact that three other homeownersâ?? associations in the Sierra Vista area do not distribute monthly minutes because of the cost. She suggested instead the minutes continue to be sent by email to those requesting same and be posted on the new Association web site. For members wishing to receive a mailed copy, they would be asked to bear the cost of the mailing. Discussion: J. Arndt voiced his concern that at a time when we are in need of participation by the membership to change such things as the CC&Râ??s, our communication should increase. R. Doyle said if mailings to the homeowners were the exception, perhaps they would be taken more seriously. D. Brown asked about the feasibility of faxing the minutes. T. Stoner suggested a subscription fee be assigned to individuals wishing to receive their minutes by monthly mailing. E. Guidroz seconded. Passed. Local Meeting Hall G. Chouinard said he spoke with the owners of the La Purisima Retreat Center located on Stoneridge Road, approximately 2 miles South of 3 Canyons Road. Their facility holds approximately 100 people and would be available for monthly meetings for $40/month. It was suggested that Board and Association members try to take a look at the facility before next monthâ??s meeting. Take Hwy 92 S to Stoneridge Road to the right. Itâ??s the first building on the left and has a blue roof. Call to Membership J. Muldowney asked if the gate would record how many times a particular code was used to access it. J. Dobis answered yes. Liz Woods asked why we want activity recorded. J. Dobis explained the real value was in ensuring a particular code had not be violated. D. Brown stated the recording of activity by the gate would provide a mechanism for scheduling maintenance after so many cycles. R. Chasan asked what provisions were being made to repair potholes in 3 Canyons Ranch Road. Since Qwest is responsible for a good number of the holes, and since J. Dobis has (after 8 attempts) been unsuccessful in getting a response by phone, it was suggested our attorney send a letter to Qwest. V. Mestaz asked about getting a key to the Bloomfield gate. T. Pickering suggested she put her request in writing to the gate committee. G. Chouinard warned of the problems associated with giving out keys to non-Bloomfield Road residents. L. Woods stated she thought the information sleeve at the west gate might be vandalized once the gate is operational. T. Stoner said he spoke with Mr. Artuz and was under the impression he was the owner when the fence and survey markers were removed. This will be investigated and J. Arndt will respond to Mr. Artuz. R. Doyle said speeding on 3 Canyons Road has been as bad as ever. B. Pickering asked about more speed bumps. G. McLean asked if the Board was doing everything possible to reduce the Associationâ??s liability. T. Pickering asked R. Doyle to draft a letter to Sheriff Dever to be signed by all Board members. V. Mestaz asked who has jurisdiction over 3 Canyons Road. Members were reminded of the County meeting to discuss the variance for the 3 Canyons Ranch sign. Meeting is scheduled for 6:00pm on 9/25/02 at the new County building off Hwy 90 near the new hospital buildings. The meeting was adjourned at 7:40pm. The next Board meeting is scheduled for October 9, 2002 at 5:30pm. It will be held at the: Southeast Arizona Association of Realtors 125 South 2nd Street Sierra Vista, AZ 85635 Rita C. Doyle Secretary Reminder: The monthly distribution of the minutes will end as of January 1, 2003. To arrange receipt of minutes via email, contact J. Arndt at Arndt8620@aol.com NOTE NEW E-MAIL ADDRESS Enclosures:
Proposed fine schedule 3 Canyons Ranch Homeownerâ??s Association Master Design Committee Fine Schedule for Violations and Non-Compliance to CC&Rs The following fine schedule is prepared by the Master Design Committee for the protection of the homeowners and landowners of 3 Canyons Ranch. The information will be forwarded to individuals who are not in compliance. 1. If a violation exists, a written notice will be sent to the homeowner describing the violation. The infraction must be corrected within thirty (30) days. If the violation is not corrected, on the thirty-first (31) day, penalties will be assessed as follows: a. $25.00 for first violation b. $50.00 for second violation c. $100.00 for each violation thereafter. d. In the event of a recurring or continuing violation, the homeowner will be fined $200.00 every thirty (30) days until corrected. 2. Property owners will be held responsible for any violations of the CC&Rs occurring on their property. This includes all work performed by contractors or sub-contractor. Any construction on a home or other buildings without the approval of house plans, site plans, etc. by the Master Design Committee is a fine of $1000.00. Any changes to the property, ie fencing, block walls, pools, roads, driveways etc. without the approval of the Master Design Committee is a fine of $500.00 3. It is expected that homes under construction w ill be completed in a timely manner, ie twelve (12) months. Homes not finished will be subject to fines, unless the homeowner requests an extension with a valid reason for delay. a. The exterior of homes must be completed within the 12-month period to protect the property values of neighboring parcels. Should the exterior not be completed within this time frame, a penalty of $500.00 for every thirty (30) days will be assessed. b. A homeowner may live in a temporary dwelling for nine (9) months, during construction of a permanent dwelling (4.2.16). Individuals living in a RV or other dwelling after nine (9) months are in violation of the CC&Rs. A fine of $1000.00 per thirty (30) days will be assessed. 4. A homeowner may appeal the fine for assessed violation. The homeowner must, within the thirty (30) day period notify the Master Design Committee in writing requesting a hearing of appeal. The appeal will be reviewed and a decision made by the Committee at the next scheduled monthly meeting. If the property owner is not satisfied with the decision of the Committee, the owner may then notify the Board of Directors in writing requesting a hearing and a decision from the Board of Directors. Fines will not be assessed during the appeal period.
Association rules
3 CANYONS RANCH MASTERS HOMEOWNERS' ASSOCIATION
ASSOCIATION RULES
Association rules are approved by the Board of Directors and are intended to
supplement the CC&Rs. Please refer to the CC&Rs for
complete governing details.
Only members of the Association will be allowed to attend Association
meetings. 8/12/89
Dues assessment begins on home construction when the primary foundation is
complete. 3/10/99
A $100. penalty will be charged for not obtaining prior approval of
construction plans. 6/9/99
In return for paving the 1st mile of 3 Canyons Road, wild Horse and Vista Del
Oro are excluded from future Capital improvement assessments relating to 3
Canyons Road. 6/26/99
Temporary living quarters are allowed during construction for 9 months if a
building permit has been obtained. 8/11/99
Adjoining property owners will not be allowed access to or usage of 3 Canyons
Road. 10/13/99
Cluster mail boxes are approved at both the East and West end of 3 Canyons
Road. 10/13/99
Membership dues are set at $6.00 per membership. One Membership is equal to 1
acre of land and 100 sq. foot of residence. 10/13/99
All meetings, when the membership is allowed to attend, will include two
"Calls to Membership" with a three-minute time limit per person. At Special
Meetings the comments will be limited to the official subject of the Meeting.
An additional call to membership will be called after the discussion of each
motion made. 12/9/99
A copy of the membership list will be made available to any member of 6
months and good standing upon written request and upon determination that the
list will not be sold, used for any commercial purpose including to solicit
goods or services or to harass or intimidate other members. A members name
and other information will be removed as permitted by law. 2/9/00
Delinquent assessments will cause a lien to be placed against the property
assessed. 2/9/00
To assure a quorum, all board members are required to notify an officer of
the Board, 24 hours in advance, if they are unable to attend a meeting of the
Board of directors. 2/9/00
Non-payment of assessments for 60 days past the due date will result in loss
of the right to attend meetings, the right to vote and access to common
areas. (Good standing defined) 2/9/00
Capital improvement assessment established at $12. per membership.
One Membership is equal to 1 acre of land and 100 sq. foot of
residence. 5/15/00
The Treasurer can adjust assessments only if an obvious error in billing
occurred. The Board of Directors must review all other challenges.
9/12/01
All meetings of the association will follow the parliamentary procedures as
outlined in "Roberts Rules Of Order".
The President of the Board will be the only contact with the Attorney and
will determine the extent of legal presence needed at all meetings.
10/10/01
The gate at Bloomfield will remain locked with keys given only to Bloomfield
Road residents. 11/14/01
The number of Directors on the Board will be set at 11. 07/13/02
The standard venue for monthly meetings is 5:30pm on the second Wednesday of
each month.
Location: Southeast Arizona Association of Realtors
125 S. 2nd Street
Sierra Vista, Arizona 85635
A $75. transfer fee will be charged the buyer/seller to cover the cost of
recording the transfer and providing a welcome package.
8/14/02
The Associations place of business for documentation review is approved.
8/14/02
Location: Cardinal & Stachel
2151 South Highway 92
Sierra Vista, Arizona. 85635
(520) 452-1002
The treasurer must sign off on all decisions involving the commitment of
Association funds except in times of emergency. In times of emergency the
President of the Association is allowed to spend up to $1,000 per occurrence
to resolve the emergency situation. A full accounting of the circumstances
will be made at the next open session of the Board of Directors.
9/18/02
Gate openers will be provided to every qualified user of the road up to the
number of family vehicles registered with the Association. There will be a
charge for each opener to defer all material and administrative costs.
9/18/02
Phone/email list of board/committee members
ATTACHED (see web site - REW)
Gate data information sheet
We are beginning to create the data base of information needed to operate the
gate to 3 Canyons Ranch Master Homeowners' Association. If you desire access
through the new West gate you must be identified to the computer system
operating the gate. You can request an access code for manual key pad entry
(free) or request an RF remote opener for each of your family vehicles
(approx $35. each). In either case you must provide the following
information. All fields are required and will not be shared with anyone
outside the gate committee.
Please check one of the following. I am a:
- Resident of 3 Canyons R.M.H.A.
- Private Property Owner
- Construction Company Property Owner
Select your choice of entry method:
- I wish to have access code only.
- I wish to purchase ____ RF remote openers in addition to access code.
(Send no money. Payment with a copy of your vehicle registration will be
required when the access codes and RF remote openers are delivered.)
Tax ID / Parcel Number (example 104-27-050J)
__ __ __-__ __-__ __ __ __
Section
__ __
Name (please print)
________________________
Address
________________________
City, State, Zip
________________________
Phone Number
(__ __ __) __ __ __- __ __ __ __
If you have provided this information in the past you will have to provide it
again in order to validate our data.
Please mail to:
Gate Committee
3 Canyons Ranch Master Homeownersâ?? Association
PO Box 970
Hereford, Arizona, 85615
Or E-Mail the required information to:
arndt8620@aol.com
Last updated: 15 October 2002 by REW.