Three Canyons Ranch Master Homeowners' Association
P. O. Box 970
Hereford, AZ 85615
Board Meeting Minutes
October 9, 2002
Members Signed In:
Page one
(sign in sheet misplaced)
New members Joy O'Clock, J.C. Russell and John Sauter were welcomed to 3
Canyons.
Board Members Present:
Tom Pickering, Evans Guidroz, Jim Dobis, Darryl Crowley, Gene Mundt, Jim
Arndt, Gary Brock, Jack Dempsey
Board Members Absent:
Dave Paris, Rita Doyle (excused), Gerald Chouinard (excused)
Call to Order 5:37 pm Acceptance of September 18 MinutesThe minutes were accepted unanimously.
President's Report
All Calls to Membership must be recognized by the chair, be germane to the
subject and directed to the Board.
The first call to membership will precede the Acceptance of the current
Agenda so that items can be added. There will also be a call to membership
after every motion, after the Board has discussed the pros and cons.
Arizona meeting law concerning open meetings was reviewed.
Call to Membership
Acceptance of Agenda
The agenda was accepted with the following deletions:
Motion by Evans Guidroz to delete a review of the quit claim deeds for the
Commons Area.
Seconded by Jim Dobis.
All approved except Jim Arndt voted no.
Motion to accept revised agenda. Unanimously approved.
Treasurer's Report
The review of our books by the CPA showed no material errors on accounting
practices.
Last months budget was understated by $15,000 in money market funds. This has
been corrected in the current report.
Regular Fund $39,116.66
Capital Fund $22,542.04
Line of Credit remaining $38,360.55
Principal owed $244,139.45
Attorney's Report
2002 Assessments -All but eleven have been paid. Demand letters have been
sent.
Q-West Road Damage -All damage has been repaired..
Committee Reports
Gate -- Chairperson J. Arndt reported that little progress has been made
since the last meeting. The committee has been unable to get the gate to
function because of a faulty card. This has been replaced and we expect to
begin testing tomorrow. The testing will cover the mechanics of the gate and
the functionality of the software. Several bugs in the software have been
found in report generation. Everyone who requires access is required to fill
out a form. (copy attached). If you filled out a form at the annual meeting
you will have to do so again.
The variance has been approved for the sign with the payment of an additional
$60.
The need for vehicle information has been questioned. This has been done at
the suggestion of the lawyer.
Page two
Road Committee -- The road has been repaired. Additional chip seal will be
done at no charge. Quotes are being received to clear vegetation along the
roadside. Additional signs have been erected and a culvert is being cleaned
of debris.
Master Design Committee -- D. Crowley reported plans for two new construction
and one pending plan have been approved.Two new walls and one pool have been
approved. Two additional plans are pending.
Motion made by Tom Pickering to increase a previously approved motion to
purchase a fire proof file cabinet for the Design Committee. The change
increases the approval from $900 to $2,000. plus tax, shipping and handling.
C. Darryl Second.
Unanimously approved.
Discussion followed concerning location (design committee), reason for
increase (first estimate too low), other options (none).
Documents Committee-- No Report
Web Committee - No Report
Map/Ownership Committee - No Report
Old Business
Location Change for the monthly meeting
Tabled until next meeting. It is suggested that the membership visit the site
and provide your recommendations. Additional cost is approx. $24. The
building is on Stone Ridge Road approximately 2 miles south from the 3
Canyons entrance on Hwy 92, turn right, first building on the left (blue
roof).
Election Committee
Motion by Jim Dobis to form an election Committee. Seconded by Gary Brock.
Passed unanimously.
Motion by Jim Dobis to accept two of the three candidates for the Election
Committee, Ron Slyder and Bob Schneider, seconded by Gene Mundt.
Discussion revealed that many people serve on more than one committee and
that Tommy Stoner should be accepted also.
Motion amended to accept all three.
Passed unanimously. This committee is still looking for a Board Member to
serve as liaison.
ELECTION COMMITTEE MEMBERS
Bob Schneider: (520) 803-7784.rschn@earthlink.net
Ron Slyter: (520) 366-5700. RAS199@aol.com
Tommy Stoner: (520) 538-5498. stonert@fhu.disa.mil
Design Committee Fine schedule
A revised fine schedule was reviewed by Darryl Crowley. (copy attached) Note:
this is different from the schedule sent with the E-Mailed minutes last month.
Motion to accept by Darryl Crowley effective November 15, 2002, seconded by
Jim Dobis.
Discussion:
1) Gene Mundt-Who determines the extent of the fines "up to $500? Answer:
Design Committee
2) Jim Arndt - Arizona State Statute 33-1803 states that "After notice and an
opportunity to be heard, the Board of directors may impose reasonable
monetary penalties on members for violations of the declaration, by laws and
rules of the association." This fee schedule does not allow a hearing prior
to the imposition of a fine and the fine of $1,000. seems totally
unreasonable. Answer: In the opinion of the lawyer there are no violations of
Arizona law. ( It was not clear if Arizona statutes do not apply to the
Association of if we are free to ignore them.) This will be discussed with
the lawyer at a later time.
- The 12 month limit for completion is not contained within the declarations,
by-laws or rules of the Association. Answer: Motion amended to have this fine
schedule made a part of the declaration.
- Fines of $1,000 per month seems excessive. Answer: Design committee feels
fines are reasonable. Fines are needed to get the attention of violators.
Donna Willard related a case where unauthorized construction was brought into
compliance when a fine letter of $1,000 was sent.
3) John Sauter: Does this schedule apply to Deer Ridge? Answer: Both Deer
Ridge and Wild Horse are governed by their own design guidelines which are
more restrictive.
4) Doug Hocking (Whetstone Construction) : Received a fine letter of $1,000.
because of a problem with starting construction too early. Feels that the
Design committee needs to review their fine schedule carefully. When asked if
he suffered monetary damages because of the fine. He replied it was never
paid, and suffered no monetary loss, however a developer was also copied and
he pulled out of a 4 lot development.
5) Tommy Stoner: State law is clear that the fine must be reasonable, and
after a hearing. The Master Declaration Sec 12 states that only the Board can
set fines. The lawyers opinion is obviously in error and the Board needs to
review his approval. Answer: Thank you.
6) Jim Dobis: The fine schedule is the result of a lot of hard work by the
committee and is needed to protect the membership.
7) Should all violations be brought to the attention of the Board prior to
action? Answer: We have committees to handle these day to day issues. There
are over 50 letters of violation that will be sent out when this schedule is
approved and the Board cannot handle this volume.
Motion Passed with Jim Arndt voting No. Gene Mundt abstaining.
Page three
Minutes Subscription Fee
Motion by Jim Arndt to establish an annual subscription fee of $15. to cover
printing, shipping and handling for all members who wish to continue to
receive a hard copy of the minutes. This would be effective with the January
2003 minutes.
Seconded by Gary Brock.
Discussion: Last months minutes are available on the Web page (az3canyon.com).
No other association is providing free minutes. Cost is up to $500 per month.
Motion passed with D. Crowley voting no.
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.
New Business
None
Call to Membership
Can the Design Committee guidelines be put on the web site? Will refer to
the web site committee.
Can a counter be placed on the web site? Will refer to the web site
committee.
Will space on the web site be available for sale? Property for sale for
example? Will refer to the web site committee.
Adjournment
7:15 pm
NOTICES
A Town Hall Meeting will be held on October 16, 2002 at 5:30pm. It will be
held at the:
Southeast Arizona Association of Realtors
125 South 2nd Street
Sierra Vista, AZ 85635
The next Board meeting is scheduled for November 13, 2002 at 5:30pm. It
will be held at the:
Southeast Arizona Association of Realtors
125 South 2nd Street
Sierra Vista, AZ 85635
Jim Arndt
Secretary pro tem
Enclosures:
See the minutes of the September meeting of the Board of Directors.
GATE DATA INFORMATION
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 Homeowners' Association
PO Box 970
Hereford, Arizona, 85615
Or E-Mail the required information to:
arndt8620@aol.com
3 Canyons Ranch Homeowners' 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 or a plan of action along with a timetable must be submitted for approval within thirty (30) days. If the violation is not corrected or the plan of action approved, 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. $75.00 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 ultimately be held responsible for any violations of the CC&Rs occurring on their property. This includes all work performed by contractors or sub-contractors. Any construction on a home or other buildings without the approval of house plans, site plans, etc. by the Master Design Committee may result in a fine up to $1000.00. Any changes to the property, ie fencing, block walls, pools, roads, driveways etc. without the approval of the Master Design Committee may result in a fine up to $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 up to $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 up to $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. 5. The property/home owner will have the ultimate responsibility for assuring compliance with the Master Design Committee Guidelines.
Last updated: 15 October 2002 by REW.