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Board of Director's Meeting Recap
The full Board of Directors, Baughn, Rehling, Tumbleston, Bussiere, and Martin, plus Alternate Director Lynn Helferich were present at the Villa Monterey Unit 3 open meeting on Tuesday, May 9, 2023.
Homeowner Forum -
The pool/hot-tub heater switch went out and service was called.
A dog incident between two VM3 dogs prompted comments by several residents, ranging from concern about HOA liability to concern for public safety. The conversation continued during the pet policy section of new business.
Minutes of the April 11 Board Meeting were approved.
Treasurer’s report – Our Treasurer reviewed our financial balances and our completed work items such as Ramada Wall Repair. The Treasurer’s report was accepted by the Board.
Property Maintenance – most residents have been cleaning up their weeds, and the few houses remaining with weeds will receive door hangers in the near future.
Social Activities – the Social Committee has disbanded, and activities are now on a volunteer, ad hoc basis. Sheri Novak has volunteered to plan a Holiday Party, with more details on this in the future.
Neighborhood Watch – An incident reported as break-in was in fact a BNB resident lost and trying to find his front door. Elizabeth cautioned to get facts straight before passing on unverified and possibly misleading information.
Palm Tree Trimming –
- Payment – Payments are being processed now. Fill out printed form, make your check payable to Treetime Design LLC, and drop or mail to the Ramada mailbox.
- Schedule – Operation dates for 2023 are June 19-23 for VM3.
Old business –
Email Blasts to non-email residents will be printed out and delivered by Elizabeth Rehling and other volunteers.
Updates to By-Laws, and to Rules&Regs, will be modified in our source Documents and versioned on our Website. These do not need to be recorded with the County.
Updates to CC&R’s do need to be recorded with the County.
File Maintenance of governing documents will be performed by President of the Board. A documented process for timely updates will be developed.
New business –
Alternate Director - the Board designated Gus Meyers as an Alternate Director. Congratulations Gus!!
Transfer Fee - the Board discussed an adjustment to the “Transfer Fee” amount, and Treasurer requested more information about terminology, amount, justification, and changes needed in governing document language that addresses the assessment of fees. The Board agreed to meet one week hence on Wednesday, May 17, to address the fee adjustment.
HOA Liability - Elizabeth Rehling reported on the issue of liability of the HOA, and individual Directors, regarding pets in the community. Our HOA liability insurance insures the HOA for $4million and individual Directors for $2million. An Officers and Directors (D&O) Rider indemnifies individual directors.
Pet Policy –
- The Board and homeowners engaged in a deep and spirited discussion of the recent dog incident, in which a larger dog, being walked on leash, injured an unleashed smaller dog that approached it. The injured dog was euthanized. A neighbor who intervened sustained cuts on his hand. Neither dog owner filed a report with Animal Control or the police.
- Several homeowners spoke to express concern about HOA liability and concern for public safety. The owners of the dog that survived promise to keep their pet muzzled when in public, and to walk their pet away from other animals.
- A Discussion of our governing documents showed that the current documents do not constitute a Pet Policy beyond allowing household pets in reasonable number.
- The Board and homeowners discussed the difficulty of writing a comprehensive Pet Policy that would absolve the HOA of legal liability in the case of lawsuits. The majority of those present felt that the current language in our documents was adequate to address the HOA responsibility, and that enforcement of pet issues was best left up to City of Scottsdale Police and Maricopa County Animal Control, since this incident took place on city property and not on HOA property.
- Director Martin articulated his feeling that the Board has a moral responsibility to assure safety of the Community against situations that might occur with pets and result in injury to residents, both older and younger. He made a formal Motion that the Board should create a committee to research the issue and take action. His motion was not seconded by the Board, and VM3 President Baughn tabled the motion.
- Director Martin tendered his resignation from the Board.
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