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Newsletters & Notices>
July 31, 2009 Letter from HOA & Minutes
August 3, 2009
Please visit our official website, www.laspalmashoa.com to download proxy form and obtain the original copy of the Developer CCRs
HOA BOARD LETTER TO THE OWNERS
JULY 31, 2009
Dear Las Palmas Owners,
The Board held a meeting on July 25, 2009 to discuss the second quarter status and state of the Las Palmas HOA. One of the topics on the agenda was how to address and resolve a developing situation with a small group of Villa owners contesting the voting results sitting voting process irregularities not consistent with our C.C.R’s.
It is the Boards understanding based on Mr. Graham Robins communication that he is in agreement with all of the voting results held on January 31, 2009 with the exception of the voting results for the implementation of the new HOA fee structure based on average square footage.
The HOA position on this matter is in support of all voting results and stands by its processes. The processes and actions taken by the HOA during this meeting are consistent with past practice and have been completed in the presence of an attorney. The HOA represents all homeowners, it is our duty and responsibility to act in the best interest of our Association. The General Assembly meeting held on January 31,09 set a precedent on participation and voting attendance. The majority of the homeowners clearly gave the Board a mandate for a fair HOA fee structure.
The January 31,2009 meeting included 140 eligible owners to vote on all HOA matters. There were 120 owners that voted on the HOA fee structure by average square footage. There were 113 or 80.7% that voted YES for the new fee structure and there were 14 or 10% that voted NO for the new fee structure. The requirement to pass and change a new fee structure based on our CCR’s is more then 75%. The proposal passed and the new fee structure was effective retroactive January 1, 2009.
With all this being said, after serious deliberation, the Board unanimously agrees that Las Palmas is one community, regardless of Villas and Condos. The Board wants to uphold actions and decisions fair to all and yet recognizing our differences and is committed to moving forward . In order for us to move together as a community and benefit from this arrangement we have to get beyond this obstacle or situation. Therefore the Board has unanimously passed to hold a vote on the results of the voting, specifically regarding the proposed HOA fee structure on January 31, 2009. The vote will be held at 10:00am Saturday September 12, 2009. The location will be the Las Palmas Club House.
Great thought and legal consultation has gone into this decision. The Board believes that this decision is in the best interest of all owners and encourages every possible owner to vote. Since the group of owners in question are only contesting the voting results of new HOA fee structure based on average square footage the meeting and voting scheduled September 12, 2009 will only address this item.
The vote is specifically on “accepting or not accepting the results of the proposed HOA fee structure by average square footage approved during the January 31, 2009 Las Palmas General Assembly Meeting.”
Twenty five percent (25%) or more of the eligible votes in the Las Palmas Home Owners Association not in favor of accepting the results will be required in order to null and void the result from the January 31,09 General Assembly Meeting on this item only.
Attached is a proxy to allow all owners the opportunity to vote without being present. Please read this proxy carefully. If you choose to use it, please ensure it is filled out properly. The Board has made every effort to make this voting process as convenient as possible for all owners and has elected to provide you with the following options for voting.
1. You can attend the meeting and vote in person.
2. You can give you proxy to someone to vote on your behalf.
3. The Board has provided our services and will accept your proxies and will vote accordingly. You can mail your proxy to:
Jaana Ponzio
6370 S. Windstream Place,
Chandler AZ. 85249.
4. You can scan your proxy and e-mail it to the Board at the following e-mail address: jaanaponzio@yahoo.com
5. You can fax your proxy to the Board at Fax. # 623 594-3761
CLICK HERE TO DOWNLOAD PROXY FORM
Note: If you choose options (4) or (5) to scan/e-mail or fax your proxy it may be subject to verification.
Sincerely
Jaana Ponzio
Jerry Petty
Dan Dimovski
Las Palmas Board of Directors
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MINUTES FROM HOA BOARD MEETING
JULY 25,2009
All three board members were present at the meeting: Jaana Ponzio,Jerry Petty and Dan Dimovski
The May 29,2009 HOA Board meeting minutes were reviewed and approved.
The Financial status of Las Palmas as of July 2009 :
Balance in Operating Account: $ 84,270.63
Balance in Capital Reserve Account: $129,262.96
Balance in Operating Reserve Account: $ 25,354.07
2009 (Jan-June)Expenses- Actual: $314,958.00 Budgeted: $370,119.00 Savings: $55,161.00
Impact Fee Collected (Jan-June) : $31,210.90
Delinquent Fees As of July,09: $71,418.22 (SBPH Group=$36,346.56 + Villas= $22,296.75 + Condos = $12,774.91
Note: Over half of the Delinquent accounts come from SBPH Group: Bo-701, 702, 703, Villa 16 & Villa 1
The HOA has an agreement with this group and the Rental Company to divert a substantial percentage of rental income towards outstanding HOA fee balance
The Board reviewed the status of the Las Palmas cost saving program for first six months of 2009. Our Onsite Management report by Francisco has shown very positive results. To date, we have been able to save $55,161.00 on very aggressive cost saving program implemented by the Board. Kudos to Francisco and his team.
* HOA staffing numbers decreased from 25 as of January 1,09 to 20 employees through attrition and still continuing to meet operational needs.
* Negotiating a savings over 40% by switching Las Palmas Insurance Policy.
* Negotiating savings on Pool Chemicals, by Contacting Mexico National wholesaler in Monterrey City which provided better prices.
* Negotiating saving on cleaning supplies by Contacting Major Wholesaler in Hermosillo.
* Controlling our General Water Consumption. Partial Payments with City Water Co.
* Controlling Common areas Power Bills. Coordinating the use of Club House A/C with occupancy levels.
* Negotiating a savings of 8% with Propane Company
Note: As of July 1,2009 Las Palmas 2009 HOA expenses are $55,161.00 below our budgeted projections . Will make every effort to continue saving on expenses for the remainder of the year.
The Board reviewed the possibility of shutting off service to serious delinquent owners. The Board members are unanimous in exercising our option under the C.C.R’s to shut off common area services to any owners delinquent with fees in excess of three months. This option will have serious impact on the habitation of the unit and the board is making every effort to reach out and work something out with each individual owner in this position prior to shut off. The number of units in this position are minimal however action is necessary to prevent spreading the financial burden of this few to the rest of the community. The board will keep on top of their status.
Board has agreed and approved Dolphin Rental on a move forward basis to sub lease their current office space to a Real Estate Agency as a dedicated non-exclusive on site service for all Las Palmas Owners. In the Agreement Las Palmas owners are not obligated to use this service. The HOA will receive a 1% income from every sale the Real Estate Agency makes from Las Palmas owners.
HOA Board members approved monthly payments on dues / assessments without late fees with the understanding that if any of the monthly payments are late the late fees and penalties will be charged for the entire quarter (three months)
Board has approved Posting electronically the Project Documents / C.C.R’s provided by the Developer on our official HOA website.
The Las Palmas HOA Board has been speaking with the rental company going on ways to make our property more competitive for renters. The rental company dropped prices and is investing in promoting our resort along with Rocky Point in general. The board approved a temporary decrease in the HOA impact fee charged by the Dolphin Rental company specifically for the sole purpose to make our rental rates more competitive and increase rentals in a the current very price sensitive market. It appears to be working. The July rentals have been very promising.
Old Impact Fees per day:
Villas/ Houses- $20.00
3 Bed. Condos-$15.00
2 Bed. Condos-$13.00
1.5Bed.Condos-$10.00
1 Bed. Condos-$8.00
Long term rentals through the rental company in excess of one month have had no distinction from short term rental and it is my understanding that the rental company has been charging the daily impact fee appropriate to the unit.
Effective June 27,09, temporary impact fee structure per day.
Villas/ Houses- $15.00
3 Bed. Condos-$12.00
2 Bed. Condos-$10.00
1.5Bed.Condos-$7.00
1 Bed. Condos-$5.00
In addition, long term rentals in excess of one month will have a distinction and be treated separately. The board has approve the following impact fee structure per month for any leased agreements through the rental company in excess of one month. It is as follows:
Villas/ Houses- $150.00 ( $5.00 Per day)
3 Bed. Condos-$125.00 ( $4.17 Per day)
2 Bed. Condos-$100.00 ( $3.33 Per day)
1.5Bed.Condos-$75.00 ( $2.50 Per day)
1 Bed. Condos-$50.00 ( $1.67 Per day)
The Board will review these fees from time to time and has reserved the right to change them to reflect the interest of the HOA and the owners in general.
The board revisited the January 31,2009 general assembly meeting due to recent e-mails and other communication with one or more villa owners contesting the voting results during this meeting sighting voting process irregularities not consistent with our C.C.R’s. All the Board Members support the outcome, the voting results and agreed to work on a solution.
The Board continued talks on how to address and resolve this developing situation. Based on communication from one of the Villa owners there is only one item that is being contested. The results of the vote on the proposed HOA fee structure based on average square footage. After ongoing serious and careful consideration along with legal consultation , the Board passed a motion to hold a vote on this item only . The board decided the vote will be held on 10am Saturday September 12,2009. The location will be the Las Palmas club house. Letters, proxies etc. to be sent out asap.
Meeting adjourned.
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