Dreaming Summit Homeowners Association

P.O. Box 25466

Tempe, AZ 85285

(480) 820-3451

Open Session Minutes

January 23, 2006

I.  The Open Session of the Dreaming Summit Homeowners Association was called to order Monday, January 23, 2006 at 6:40 p.m. at the Dreaming Summit Elementary School. President Toniann Perry presided with Board members, Chris Rix, Tony Caesar, Keith Ebenholtz and Suzanne Carson in attendance. Also present were Ken Olson and Adriana van Os-Gries of Kinney Management Services.

A motion was made by Ms. Perry, and seconded by Ms. Carson that Mr. Hargis of KMS Landscaping be permitted to speak before the Item II of the agenda. All were in favor.

Mr. Hargis conveyed to the homeowners in attendance that the large parks turf (Bethany Home, and Rose Lane) had been infected with algae. After having spoken with several turf experts, and sending samples of the turf out to a lab in Tucson, it was discovered that if immediate action were not taken, the community would lose the turf in these areas. The company of Carter Weed Control came out on January 21, 2006 and sprayed the infected turf. A second treatment will be required within 14 days. The exact cause of the algae was not discovered, but a list of suggestions was given to KMS Landscaping to help prevent the problem from happening again. Ms. Perry questioned if this algae problem could occur on homeowner Lots, with the answer from Mr. Hargis being that it would more likely happen to areas with little or no drainage. It was also brought to the homeowners’ attention that Mr. Olson put up signs in the treated areas to stay off the turf until it was dry. It was confirmed to homeowners that the parks are safe to use.

A motion was made by Mr. Rix and seconded by Ms. Carson that the information and suggestions be incorporated into the newsletters and website within the week. Mr. Olson will work with Mr. Hargis to put the information into layman’s terms as well. All were in favor.

KMS Landscaping will provide the Board a list by the end of the month of all trees needing to be replaced. The Board will need to approve or disapprove the list by April 2006.

II. Open Discussion-Q&A Forum

Mr. Ebenholtz gave an explanation to the homeowners in attendance of how the Q&A portion of the meeting will be conducted.

1.  Mr. Bill Hughes asked: Will the signs that have been put up in the community advertising the meetings phase out the meeting notice postcards?

A: Any upcoming meetings will be noticed in the newsletters and the community website.

2.  Ms. Susanna Thomas asked: Why is she paying $70.65 a month for a community with no

Amenities? Why are sports teams permitted to be using the park if not associated with the community? Is the Community leasing out the parks?

A: It was explained to this homeowner that $70.65 is not what her assessment is; the monthly payment includes the monthly assessment of $38.95 plus Rural Metro, Water, Sewer and Trash. The total due monthly is determined by Lot square footage. Mr. Olson will provide this homeowner with a breakdown chart of the monthly payment.

The parks are not being leased out, and sport teams are not permitted to use the parks, and have been continually asked to leave.

3.  Mr. Ray King asked: Why are homeowners sent out letters asking them to do things to make their submitted items approvable, and they after making the changes are still not approved by the Committee?

A: The Board explained to this homeowner that they did not have his Lot file in front of them, and would need to get back to him. Mr. Olson will supply this homeowner’s file, including original submittal to the Board.

4. Mr. Gilbert Linell asked: he submitted for a concrete strip a few years ago in order to be able to park on it. Why are the Rules now being changed to say he is not permitted to park on it? How can the CC&Rs be changed? Why did it take three years for him to receive a notice?

A: The rules have not changed. Residents have not ever been permitted to use RV access drives as parking spaces. In order to change the CC&Rs of the community, it will require a vote of 75% of the members. The reason his residence may not have received a notice previously, could be due to when the tour was done, the violation was not seen.

Mr. Olson will supply the Board with this homeowner’s file and original submittal for further review.

5.  Ms. Nellie Melendez asked: Even when on leashes, why are large dogs allowed to be out

in the community? Who can be called to address this issue? Ms. Melendez also mentioned that not all homeowners receive their copy of the CC&Rs.

A: The Association cannot prohibit the size of animals, however all dogs must be on leashes, and residents must pick up after their pets. A reminder of pet courtesy will be in the next newsletter and on the community website. Should a homeowner truly feel in danger of an animal, Maricopa Animal Control should be notified.

Mr. Ebenholtz reminded those in attendance that homeowners could receive another copy of the CC&R’s. (Kinney Management and Maricopa County Recorders office can supply homeowners a copy at a cost, or it is available for viewing on the community website.)

6.  Mr. Carlos Mendoza asked: His Concrete slab is connected to his existing driveway, can he still park on it?

A: The Board will need to look into this, and will get back to this homeowner. Mr. Olson will supply this homeowner’s file and original submittal to the Board for review.

7.  Michael Martinez informed the Board that several homeowners were mislead by the builder in terms of RV gates and access.

The Board agreed with this homeowner, but reminded those in attendance that the documents were written before each homeowner purchased their Lots and have always stated that parking was permitted only on driveways or in the garages.

8.  Mr. Alex Navarez asked: After having poured a concrete slab, he went ahead and submitted for approval of it after the fact, and has never received an answer as of yet, why is that?

A: The Board would have to look into this issue, and would get back to this homeowner.

Mr. Olson will supply the Board with this homeowners file and original submittal for review.

9. An unidentified resident asked: Can a gated community go on its own?

A: No, a sub-association can be formed, but it would still be under the Master Community and therefore would still be under the same CC&R’s that everyone signed to abide by once purchasing within Dreaming Summit.

10. Mr. Paul Mueller complimented the Board on the job they do, and informed homeowners in attendance that they can lobby together to try and get the 75% vote to change the CC&Rs, and/or try to contact their state congressional representatives regarding what a home association can and cannot do.

A motion was made by Ms. Perry and seconded by Ms. Carson that the Open Discussion be closed out. This motion was passed unanimously.

III. December 2005 Open Session Meeting Minutes

A motion was made by Ms. Perry and seconded by Mr. Ebenholtz that the minutes be approved

With the one change of the margins to be fixed throughout the document. All were in favor.

IV. November 2005 Financial Statement

The Board reviewed the financial statement. Mr. Caesar requested that Mr. Olson look into the following issues:

-Why the assessments were down?

-Answers on the water bills

-Why there is an $82,000 gap in Rural Metro?

V. Old Business/Status Updates

a.  Mr. Olson reviewed with the Board how the Dale Creek Wash Cleanup proposal was broken up, and how each company was about 4 weeks out for doing the cleanup job, which would consist of cutting back the dead areas, but not removal of any shrubs or plants completely. After reviewing the bids provided by several landscapers and the information provided by Mr. Olson, a motion was made by Mr. Rix and seconded by Mr. Ebenholtz that the job is awarded to Mesquite Landscaping Company. . The Board further requested that they be given final review if any cleanup work needing to be done in the future. All were in favor. Mr. Olson will also have Mr. Hargis of KMS Landscaping monitor the cleanup job as well.

b.  After review of the Landscape bids provided by Kinney Management to the Board, a motion was made by Mr. Rix and seconded by Ms. Perry that the Board defer this issue. All were in favor.

c.  Mr. Olson explained to the Board about the three bids provided for Additional Entrance Lighting, and what each area would need done, including crossing under sidewalks, and putting in 2 well lights to shine up to the street signs on the Peck and Solano entrances. Mr. Rix added that APS said that if the distance was kept less than 100 feet, there would not be a charge to the community, but if beyond a 100 feet, the charge would be by foot. A motion was made by Mr. Rix and seconded by Mr. Caesar that the Board not proceed with putting in any additional lighting, rather that they look into the possibility of moving some trees to make the street signs more visible.

A homeowner suggested that the Board look into the possibility of adding a sign that would be prior to the upcoming street. The Board requested that Mr. Olson look into that types are available if possible, and would there be a charge, because the community would rather not have to pay for the signs. In addition, Mr. Olson should contact Max Wilson to look into the safety issue, as well as contacting MCDOT about having the issue placed on the next County Board Meeting, in which Ms. Carson will attend.

d.  The Board approved for Mr. Olson to continue getting bids for the street sweeping issue, and provide to the Board at the next meeting.

e.  Mr. Rix had previously requested that Mr. Olson pursue the status of response times, brought about by a recent incident he reported. After requesting a copy of the incident report, it was brought to Mr. Rix’s knowledge that the original report was missing his call. A motion was made by Mr. Ebenholtz and seconded by Mr. Caesar, that Mr. Olson continue with the pursuit, adding the 911 tapes from the original call be retrieved as well. 4 were in favor, with Mr. Rix abstaining from the vote.

f.  Ms. Perry made a request regarding to what the deadline was for advertisers to have their information received by. The answer would be made by 1-24-06.

It is being considered that 3 out of 8 pages be dedicated to advertisers, and if advertisers want their ads in color what the pricing would be.

All ads provided must be in matrix form (camera ready).

The revenue from the newsletter will offset the cost of printing and mailing.

g.  A motion was made by Ms. Perry and seconded by Ms. Carson that the agenda items, V(g), V(h), and VI(b) be deferred to the next month meeting. All were in favor.

VI. New Business

a.  A motion was made by Ms. Perry and seconded by Mr. Caesar that the date of March 14 be approved for the annual meeting. All were in favor.

It was reiterated that proxies are not permitted any longer, and absentee ballots are being used now.

A motion was made by Mr. Ebenholtz and seconded by Ms. Perry that a notice and agenda be mailed out with instructions if a homeowner is interested in running for the Board.

1. Any candidate interested must submit a letter of intent within 10 days. The written request must not exceed 200 words.

2. The notices should explain to those interested in being a write in that they will be at a disadvantage with respect to those candidate’s that appear on the absentee ballot mailed out to all homeowners in advance.

All were in favor.

Mr. Rix discussed with the other Board members about having the staggered terms beginning at the upcoming March meeting. After discussion, a motion was made by Mr. Ebenholtz and seconded by Ms. Carson, that the bylaw is added to the agenda but that the staggered terms of 3, 2, 1 would not take effect until the 2007 annual meeting elections. All were in favor.

VII, Adjournment

A motion was made by Ms. Perry and seconded by Ms. Carson that the Open Session

meeting be adjourned at 9:12 p.m. This motion passed with all in favor.

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