Three Canyons Ranch Master Homeowners’ Association                        

P. O. Box 970

Hereford, AZ  85615

 

Board Meeting Minutes

May 14, 2003

Members Signed In:

Tommy and Debbie Stoner, Nancy Howard, Sue and Bob Schneider, Ron and Judy Slyter, P.J. and Jim Picard, Liz Woods, David and  Dottie Brown, Dave and Pat Angell, Beverly Pickering, Grant MacLean, Jim Muldowney, Dick Pomroy, Robert Weissler, Margaret Martinez, David Dueltgen

 

Board Members Present:

Tom Pickering, Evans Guidroz, Jim Arndt, Rita Doyle, Gene Mundt, Darryl Crowley, Jim Dobis

 

Board Members Absent:

 Jack Dempsey, Gerald Chouinard, David Paris, Gary Brock

______________________________________________________________________________________

Call to Order

 

Acceptance of April 9, 2003 Minutes

The minutes were unanimously accepted.

Acceptance of Agenda

The agenda was accepted with the following addition:  Bloomfield Gate Committee under New Business

 

Call to Membership

 

B. Schneider asked if the Board of Directors had the authority to override the Master Declaration.

 

T. Pickering said the question was too general.  He added that some CC&R’s were ambiguous, like that concerning utility poles, and the Board has the authority to clarify them.

 

J. Picard asked where in the CC&R’s it said that the Board had that right.

 

T. Pickering said if a specific incident could be cited it would be answered, otherwise this was not the time or place.

 

T. Stoner read a statement from the CC&R’s, Section 21.9 stating “Except for judicial construction, the Master Association, by its Board, shall have the exclusive right to construe and interpret the provisions of this Master Declaration . . .”

 

President’s Report

 

T. Pickering stated that if he appeared to be angry, it’s because he was.  There were two fence cuttings in the previous month, one by an Association member.  The Bloomfield gate had once again been destroyed, and a petition was being circulated to have the west gate removed.  He warned that the Association would prosecute to the fullest extent of the law any and all who participated in these criminal acts.

 

The member who cut the fence in front of witnesses will be prosecuted, and his assessments will include repairs to the fence as well as legal fees associated with this criminal act. 

 

There are a handful of individuals trying to destroy this homeowners’ association.  Some own property here, some do not.  Tom said as long as he is involved, this will not happen.  As far as the petition goes, he doesn’t care how many signatures it contains, the gate will not be removed.  It is costing  all of us to have to engage the attorney to deal with  these acts.  He reminded those present that we all had an obligation to report criminal activity, even if it’s our own neighbor.    

 

 

Treasurer’s Report

G. Mundt  reported the following account information:

Regular Fund                              $13,768.07

Capital Fund                               $56,297.88

Principal owed                            $282,500.01

 

 

Attorney’s Report

Administrative: 

Transfers – Between July 2002 and April 2003 there have been 79 transfers through March 2003.  The history shows a drastic decline in transfers reported by Fidelity Title over the past 5 months.  The ratio of transfers between Pioneer Title and Fidelity Title have dropped from 60% - 40% respectively to approximately 90% - 10%.  Fidelity has been contacted regarding this matter.

CC&R’s – One request was processed for a copy of the CC&R’s.

Email – Counsel is requesting a list of member’s email addresses.  The accounting system being used has a data field for email addresses and its utilization would make the master database more complete.

J. Arndt warned that further distribution of email addresses would result in more use by the “lunatic fringe” who have been bombarding members with unsolicited emails.  He suggested that the membership list including email addresses by used within house only, and a separate membership list, without email addresses, be circulated to committee members, etc. 

Jim also asked that the membership list include transaction dates.  There is a field for this information, but it has not been maintained.  Gene Mundt will speak with M. DoPadre to ask that this information be included.

Ownership/Address Changes – It is apparent that this year’s annual billing will lead to numerous changes in the ownership list.  It is estimated that approximately 50 transfers in ownership have not been reported, due in large part to the Fidelity Title problem. 

Canyon Title Agency – The new title agency in town has been contacted and the proper forms provided them.  Two transfers have been reported.

A suggestion was made to have the Master Design Committee vertify assessment status when approving new contruction & additions.  This would be an additional tool to find ownerships that have not been reported.

 

Legal:

Status of Castle & Cooke Documents – No update at this time.

Trespass on 3 Canyons Road – Counsel has prepared  a warning letter to non-members identified as using 3 Canyons Road without proper authorization.

Counsel proposed wording changes that pertain to the utility pole issue, it was decided the proposed wording needed to be changed and the subject was tabled to next month’s meeting.

 

Committee Reports

Master Design Committee – D. Crowley reported the MDC had met and three swimming pools had been approved, as well as two houses.  One building and site plan were pending.

The MDC requested permission to invoke the $500/month fine schedule to the Shorts whose residence has been under construction for over four years.  MDC sent a letter on 2/13/03 notifying them they would be fined unless the exterior on out buildings was completed.  The member asked for a 12 month extension, which was denied by the MDC, and was given 30 days to complete the work.  Little or no work has been performed on the exterior.

D. Crowley made a motion that the fine schedule be invoked.  J. Dobis seconded.

J. Arndt said he had a problem with the fine being levied without review.  He asked if we really wanted to fine them $500/month or would be better off fining them $500 and allowing them thirty days to review any progress.

D. Crowley said 8-10 letters have been sent over the past 4-5 years for various infractions involving an RV on the property and living in the garage.  He said the MDC has given an inch and the member has taken 10 miles.

J. Slyter said we all know the rules and we should be treated equally when it comes to following them.

M. Martinez asked what constitutes a “finished” house.  She is a neighbor of the house in question. 

D. Crowley explained that one out-building still has the foam insulation exposes and the roof has not yet been completed on that same building.

T. Stoner said state law requires a hearing before a fine is levied.

G. MacLean asked how the occupant could have obtained a certificate of occupancy.

D. Crowley said the county didn’t care about the status of the building when issuing certificates of occupancy.

 Motion passed with J. Arndt and R. Doyle abstaining.

Governing Documents Committee  - J. Picard reported responses to the ballot mailing are coming in, overwhelmingly approving of the proposed wording change.  He asked if someone could contact Wildhorse/Pioneer Trust as they own a significant amount of land (and therefore hold a significant voting block), in order to have those ballots turned in.  He also made a plea that every Board member turn in their ballot.

Fence Committee  - E. Guidroz reported that the fence to the north of the west gate had been cut and a vehicle had driven through the north side and passed the gate.  He said an association member watched the fencing on Bloomfield road being repaired and when the work crew finished, the member cut the fence in order to drive through.  He said this was the same individual who one year ago, was keeping watch over the Bloomfield gate to ensure it was not tampered with.  He said this incident had been reported to the Sheriff and urged other members to be vigilant.  

D. Brown suggested the date and time of violations be noted.

T. Pickering reiterated the Board would prosecute these violators to the fullest extent of the law.

A discussion about a gate being installed on Audrey by a member ensued.

J. Picard said it’s his property and he installed the gate on a public easement.

G. MacLean asked if that easement was dedicated.

J. Picard reiterated it was a public easement, and all roads were deeded to the county.

G. MacLean said it was the height of hypocrisy to cut the fence, install a gate for personal use, and then put up a  no trespassing sign.

J. Slyter asked what the difference was of someone cutting a fence to drive through it or cutting a fence to put a gate in.

J. Picard said the gate is on a dedicated easement.

J. Arndt asked if there had been any fencing on the northern boundary of Section 20E.

E. Guidroz said there had not been any fencing done at that location, but it was on the schedule to be done.

Gate Committee – J. Arndt thanked J. Picard for his assistance in installing the flag on the light at the west gate.  He reported that it was becoming quite a problem keeping all 4 gates at the west end operational.  He said that the quote from Stern software to handle computer work for the gate at $40/hour could result in quite an expense for the Association.  He said the Board needs to understand that he tracked his time handling maintenance, software back up and at $40/hour the bill would run about $7,800/year.  A lot is involved with maintaining the gate, and he hasn’t found anyone interested in doing so.  There is a firm in Tuscon, Signal Fence, but that is not practical.

Jim made an appeal for volunteers to help with the gate.  He uses Palominas Road routinely and has to make a special trip to check the west gate.  He was asking for help monitoring the gate, perhaps 2 – 3 times per week.  R. Slyter and T. Pickering agreed to assist in this effort.

Jim said non-members are playing at the keypad inputting series of numbers in the hopes it will open the gate.  If you see anyone at the keypad for an inordinate amount of time, get their license plate number and description of the vehicle and report it to J. Arndt.

D. Angell asked if anyone could exit the west gate, and said he doesn’t know members from non-members.

J. Arndt explained the exit loop and that, yes, anyone could exit.  Those exiting who do not belong to the association, should be reported.  He said he thought one person standing at Rio Santiago could report those exiting to the west to a person at the west gate.  He said if these people were refused the ability to exit and made to turn around, it would cut down on the illegal use of the road.

T. Pickering said these people, once identified, would receive a letter about their trespassing from the Assocation.

D. Dueltgen said a letter would do nothing to deter the trespassers.

T. Pickering said it was a first step toward identifying violators and the sheriff could then be notified.

D. Dueltgen said he was in attendance at a meeting were Sheriff Dever said he had no authority on 3 Canyons Road

J. Muldowney asked about the 10 year prescriptive easement window and asked if legal notice was necessary couldn’t the Association put a legal notice in the newspaper.

T. Pickering acknowledged the prescriptive easement laws allowing unrestricted access after 10 years of use and said he would check with Counsel to see about a legal notice in the paper.

M. Martinez asked how long the contractors had access codes for.

J. Arndt explained every contractor has a limited code for daylight hours only.  That’s why transaction codes are checked and if it appears they have been compromised, they are cut off.

 

Old Business

The draft letter that appeared in the 4/9/03 Attorney’s Report addressing those members not meeting the minimum acreage requirements for residency needs to be accepted.  T. Pickering explained that this letter addresses those individuals who had 40 acres, split them 5 times and are saying they not have 5 parcels that are 7.99 acres or less.  It is believed they do this because the Association assessments are rounded down and this would result in their paying for less than is owed.

D. Crowley made a motion that the letter be accepted for use by the Association.  J. Dobis seconded.  Motion passed unanimously.

 

New Business

 

Approval of a time table for elections at the annual meeting:

 

Board members of odd number sections who are up for re-election, if desired, include:

G. Brock Section 19

J. Dobis                  Section 21 (at large)

D. Crowley            Section 23

T. Pickering           Section 27

G. Mundt               Section 29

 

Letters of intent to run must be received by the Association secretary no later than June 2, 2003

The official ballot with proxy authorization and instructions to be mailed out no later than June 16, 2003.

Completed ballots to be returned to Cardinal & Stachel no later than July 16, 2003.

 

Copy of ballot to be included on the web page.

 

Annual Meeting date is Saturday, July 26, 2003 12:00pm to 5:00pm

 

Nominations from the floor at the annual meeting are welcome.

 

R. Doyle made a motion that the time table be approved.  G. Mundt seconded.  Passed unanimously.

 

R. Doyle made a statement that she would not serve another term representing Section 24.  She said she understood the original intention of consecutive terms was to provide continuity, but she did not think it was necessary as E. Guidroz and G. Chouinard have been on the Board since it’s inception and, if they choose, would continue to be.  She said this ensured continuity.

 

T. Stoner took issue with the fact the CC&R’s state that the drawing of straws would be used to determine those who would serve consecutive years.

 

D. Crowley said the idea of representatives from even-numbered sections serving two year terms on even numbered years was approved by those in attendance at last years annual meeting.

 

J. Arndt said confusion exists because the Association By-Laws do not accurately reflect the vote at the last annual meeting.  He said we have an obligation to make that correction to avoid further confusion.

 

A suggestion of a budget of $100 be used for door prizes at the annual meeting.  D. Crowley made a motion that a budget of $100 dollars be approved. J. Dobis seconded.  Passed unanimously.

 

The adoption of the attorney’s recommendation concerning overhead utility poles was tabled.

 

A budget for fiscal year 2004 was presented by G. Mundt and is included with these minutes.

D. Crowley made a motion the budget be accepted.  J. Dobis seconded. 

 

D. Crowley said the estimate of $44,000 for a gate at the east end was probably low.

 

T. Stoner said capital fund monies cannot be used for anything other than that which was voted on by the members, specifically the road and the west gate.

 

G. Mundt explained that figure was being used for budgeting purposely only.

 

The budget was accepted unanimously.

 

Bloomfield Gate Committee – T. Pickering suggested a committee of Section 26 members be formed to come up with ideas concerning the Bloomfield access problem that would be acceptable to those within that section.  He said perhaps a gate on Kings Ranch Road,  or perhaps an automated gate to make access easier.  He asked J. Picard if he would head up this committee.

 

J. Picard agreed to contact Section 26 members and said they would make a recommendation to the Board.

 

Pat Call, County Supervisor is scheduled to address the monthly meeting on 6/11/03.

 

Call To Membership

 

R. Slyter asked what was being done about the trench that was dug to lay electrical wire across 3 Canyons Road near Deer Ridge Trail.

 

T. Pickering said Qwest is responsible for the repairs and he would contact them.

 

R. Slyter asked for clarification – is everyone within Section 26 welcome to participate in the Bloomfield Gate Committee. The answer is yes.

 

B. Schneider said during the President’s Report he thought he was being included with those members causing problems for the Association.  He said the overhead powerline being talked about was his.  He said he takes exception to the way they were categorized with other troublesome members.  He said he pays his assessments, attends meetings regularly, and gets along very well with his new neighbors.  He is tired of calls of threats of litigation.  It is not his intent to attack the Association, but he will not stand still when being included with “evil doers”.

 

T. Pickering said he certainly did not mean to include him in that group, and apologized for the misunderstanding.

 

G. MacLean said what’s hurting property values within 3 Canyons is the amount misinformation being disseminated.

 

T. Pickering said we need to do a better job of getting the word out.  There are people who own property here, with no intention of ever living hear, who are selling percentages of their land to others.

 

J. Slyter said 99% of the membership are good, hardworking people who love being here.  It’s that 1% who are unhappy and are causing some problems.  We need to stick together.

 

R. Weissler said we need to be good neighbors to each other.

 

J. Stryker said there are some unhappy people in the Bloomfield Roard area.  He described the road in some very unflattering terms and said perhaps they should have access to Kings Ranch Road.

 

This upset some members living on Bloomfield.

 

J. Stryker said he was on their side and is tired to getting all the emails.  He said out reputation is comparable to that of Qwest.

 

The meeting adjourned at 7:20p.

 

The next meeting is scheduled for June 11, 2003.

 

 

 

 

Rita C. Doyle

Secretary