Meeting was held on Sunday, July 13, 2008

Meeting was held on Sunday, July 13, 2008

ASOCIACION DE REGULARIZACION DE VECINOS DE LA CHOLLA, A.C.

A regular meeting was held on Sunday, July 13, 2008 at the Cholla Community Center. The meeting was called to order by President Michael Dugan at 8:00 AM with the following board members present: Helen Dahlstrom, Gene Court, Shirley McDonald, Pat Sledge, Lew Felton, Gretchen Ellinger, and Michael Eagan.

Absent: Tom Clark, Bill Drake, Ken Goodin, Steve Lee, Jim Niblack, Pete Pisciotta, Don Schmidli, Delegate of Vigilance and Valente Cornejo, Mexican Representative.

MINUTES:

The board had previously received minutes of the meeting held on June 15, 2008. Mr. Dugan asked if there were any corrections or additions. There being none, Mr. Dugan asked for a motion to approve. Motion made, seconded and minutes approved.

TREASURER’S REPORT/FINANCE:

Treasurer Helen Dahlstrom passed out a report showing income and expenditures through June 30, 2008. Mr. Dugan asked if there were any correction or additions. There being none, he then asked for a motion to approve. Motion made, seconded and report approved.

MEMBERSHIP:

Ms. Dahlstrom reported there were 754 members paid in full, 87 not current, 3 Mexican members not required to pay, but did, for a total of 844. There are 128 whose status is unclear and 247 have paid their dues for 2008 – 2009.

ARCHITECTURAL:

Mr. Dugan reported he had received the alleged final copy of the CC&R’s but he thinks some changes are still being made. They are ready for submittal to Penasco but they only meet once a month so it will be at least another month.

Mr. Dugan suggested to Mr. Eagan that he and Mr. Lee start working on the procedure they plan to use when applications are made for permits. Mr. Sledge reminded Mr. Dugan that Bill Hensler would like to on the committee with Mr. Eagan and Mr. Lee.
(1)

 

CLUBHOUSE:

Chairman Pat Sledge reported that the bollards have been installed around the perimeter of Clubhouse property thanks to Rick Dahlstrom. He said there had been a discussion about selling the bollards to homeowners who could put their names on them. This is being done to off-set some of the cost of this project. Mr. Sledge said the first 8 bollards on the west side are $100, the first 12 on the east side are $100, the next 10 on each side are $75 and the remaining ones are $50. The first two bollards you see when leaving the parking lot at each exit are also $100 each.

The Chairman also reported there are some termite issues at the Clubhouse. He will be looking into having the building sprayed. A motion was made and seconded that he have the whole building treated.

EXECUTIVE COMMITTEE:

Mr. Dugan added a little to what he reported on the CC&R’s.

GARBAGE:

Chairman Gretchen Ellinger reported the Roll off truck the Vecinos had been looking to purchase could not be imported due to being manufactured in Japan. She said there are several other places where vehicles are manufactured that Mexico will not allow to be imported, too. She gave a long explanation about what is acceptable and unacceptable. She said we would need to get a truck manufactured in the US or Canada.

She explained that Jessie Arvizu wanted to own the truck but the Vecinos would have to purchase it and he would make payments for it. A discussion followed regarding him owning the truck versus the Vecinos holding the title. Someone in the audience was going to check around for any re-sales on roll-offs.

There was again a discussion about having same color garbage cans. There was also a lot of discussion on garbage being left on the beach and the fact that Mr. Arvizu has worked to help keep them clean. Again garbage being left in plastic bags outside homes was discussed.
(2)

ROADS/ENVIRONMENT:

In the absence of Chairman Pete Pisciotta, Mr. Dugan reported he signed a Contract with Bengie Brown of SBR to grade and repair the roads. The primary roads, secondary roads as defined in the contract and ancillary roads where possible will be watered, graded and compacted as needed on a monthly basis, removing washboards, pot holes and sand accumulation. The cost of this contract will be $2,000 per month through June, 2009 at which time the cost will be $3,000 per month until such time as the Vecinos and SBR decide to change the contract.

There was a very long discussion regarding the huge influx of people on the weekends and what could be done about it. Two homeowners went to Penasco and met with Mario Chavez about people driving on the beach. Mr. Chavez told them they should post signs on the beach warning people because it is against the law in Mexico. The Vecinos are planning to meet with Mr. Chavez about the problem and it is assumed the Vecinos will have to bear the cost of multi language signs but by doing this, the Police can ticket people for breaking the law. Mr. Dugan is heading the committee and feels he can get some signs made through a project he is involved in. Ms. Ellinger said she would like to work with him on this project.

PARKS:

Chairman Gene Court gave a short report that the Park looked good and the board agreed.
Bollards have been installed on the road side of the park and were planned for each end but Rick Dahlstrom said some bollards were stolen out of his yard. The concrete rock piles will be taken to the dump.

WATER AND SEWER:

Mr. Dugan said the holding tank start is still scheduled for start in the summer and water and sewer later in the year.

SECURITY:

In the absence of Chairman Jim Niblack there was no regular report but Mr. Dugan
(3)

 

reported they are looking at the possibility of working with SBR Security instead of the planned contract with people who had applied to the Rocky Point Police for employment.
Mr. Dugan felt the Developer still has interests in Cholla and it would be a plus to have them instead of the situation first considered. There was talk about security at the entrance to Cholla and Rick Dahlstrom was to look into the purchase of more bollards to be used to secure Cholla from the road to the mountain.

CONSTITUTION/BY-LAWS:

Nothing to report.

OLD/UNFINISHED BUSINESS:

At the last meeting a homeowner on the west side of Clubhouse property was in attendance asking the Vecinos to change the bollards on the west side to allow him to remove his boat from his boathouse. At that time, he said he would check with Rosario Villa who has a small launcher, to see if he could get the boat out.

The board was reluctant to change the fence already in place due to others possibly wanting the same consideration. The problem was to be discussed at the July meeting. The homeowner was not present at the meeting but there was a long discussion about the problem. A motion was made to change the fence, but failed to pass.

Shirley McDonald presented information regarding acquiring a safe for the office. Hicks Safe Company sent information on three small safes ranging from $259 to $278 with a 1 hour fire rating. They would have to be bolted down for safety. There was information from Office Max on a 2 drawer 1 hour fire rated at a cost of $419. This as well as the 4 drawer authorized for purchase by the board is a FireKing Fireproof File Cabinet at a cost of approximately $800. The four drawer (empty) weighs 468 pounds. A motion was made seconded and approved to purchase the 4 drawer safe.

NEW BUSINESS:

Shirley McDonald had correspondence with a homeowner who was behind in dues and wondered if there was a problem. She had some bad luck but also felt the Vecinos didn’t
(4)

do much for her with the money she paid as dues. There was a discussion about it, and Ms. McDonald felt it was time for the Vecinos to seek some kind of relief in collecting
back dues and would like to talk to Paco Manzo, who was suggested by Mr. Peterson as the person to contact since he was the Governor’s Representative and wrote many of the documents for the Trust Application, and he would know if we could file liens against property owned by Americans in the US in order to collect dues on their Mexican property. Mr. Peterson said Mr. Manzo would probably advise the Vecinos for free what the situation is and what could be done. There was also a discussion about using Small Claims Court in seeking to collect delinquent dues.

Gretchen Ellinger said she had checked with CFE about turning off electricity to homes where the owners owe large amounts of money and was told that CFE is not responsible for the electricity in Cholla. She then sent an email to Bengie Brown but got no response yet due him being on vacation. There was opposition to turning off electricity which might bring on lawsuits, etc.

There was a very long discussion about property owners having to belong to the Vecinos and the fact that the first 600 or so signed a document saying they would become members and remain a member in order to get their trust. Gretchen Ellinger said most prospective buyers no longer sign that document. At the time of first trusts, the property was sold by the developer and they saw to the paperwork. With the onset of all the realtors now selling in the area, they do not require people to sign. Ms. Ellinger said she had never seen the document requiring buyers to sign a promise to join the Vecinos and promise to remain a member. She did say some of the realtors made joining the HOA a normal part of their purchase. She also said there was a Trust Company in Rocky Point who handles a lot of transactions and they were surprised to hear people buying in Cholla had to join the HOA because they had never seen a document mandating homeowner participation in order to get a trust. They now have copies of the applications and know to include it in their packet.

Mr. Dugan feels people are in breach of their contract and thinks something should be done to change it. He feels when water and sewer are in place, we will have leverage in not allowing them to connect to either.

Ms. McDonald was to check with Steve Lee to see if he would take part in this pursuit and Helen Dahlstrom said she would like to be involved, too.

Pat Sledge brought up that problems in Cholla don’t go away in the summer and feels everyone should be kept in the loop with emails on anything that is good or bad. He also
(5)

suggested a meeting in September since we still have to run the community. The board decided to set a meeting and it is reflected in future meetings.

Lew Felton reported that Larry Miles said the third party concessions on the beach had been rescinded. Mr. Felton had previously reported in the Newsletter that anyone having property on the beach should apply for a concession.

AUDIENCE PARTICIPATION:

A question was about replacing the tile at the entrance of Cholla because it looks very
bad due to a lot of missing tiles. Mr. Dugan said it would come under Roads and in the
absence of Mr. Pisciotta he would take a look at it this week. He will email the Road’s Chairman to see if he has the original design so it can be replaced.

There being no further business to discuss, Mr. Dugan asked for a motion to adjourn. Motion made, seconded and meeting adjourned at 9:38 AM.

Future Meetings: Sunday, September 14, 2008 8:00 AM
Sunday, October 12, 2008 8:00 AM

Respectfully submitted,

 

Shirley McDonald, Secretary