December 22, 2018
Based on the stipulation under article 2 and article 28 as set out in the Las Palmas Covenants, Conditions & Restrictions (CC&R’s), for an annual meeting of the Members of the Association, also consistent with article 32 of the Condominium and Home Owners Association Property Regime Real Estate Law for the State of Sonora, we convoke in First Call, all the members of the Las Palmas Home Owners Association located on Paseo Las Palmas SN, Edificio 1 Interior Casa Club. Col. Costa Diamante, Puerto Peñasco, Sonora 83550 to the effect of holding a General Assembly meeting on the 26th day of the month of January 2019, at 10:00 a.m., in the multipurpose area of the second floor of the clubhouse. In the same way for the event of no gathering legal quorum in the moment mentioned above, we convoke for the same purpose, in the Second Call at 10:30 a.m. on the same date and place; meeting that will be held by the following agenda:
NOTE: Alcoholic beverages and / or being “under the influence”, as well as any bad or disruptive behavior while attending important meetings is unacceptable and disrespectful to all owners. Appropriate behavior at the owners annual meeting is necessary in order to complete the business of the HOA, and for all owners to be given the opportunity to participate in the decision making and direction of the community. The Board of Directors is asking for everyone’s cooperation.
Additionally, as per Article 5.15 of the Las Palmas CC&Rs, all owners wishing to participate, i.e., vote, attend the Owners’ HOA sponsored Fiesta, must be current and fully paid with all their HOA assessments (regular assessments, penalty assessments, and fines, and any other amounts outstanding not paid within 30 days of the due date). It is also important for owners to be aware of our Bylaws as it relates to participating in General Owner Assembly meetings.
- Call to order, Welcome by the HOA President.
- Election of the President of the assembly meeting, appointment of the Secretary and the assignment of Scrutinizers.
- Validation of Legal Quorum, in which case, declaration of a legal integration of the assembly.
- Introduction of board members, onsite management team, administration, etc.
- NO PROJECTS TO BE PLACED ON THE AGENDA FOR 2019.
- HOA President’s Report.
a. The “State of Las Palmas”.
b. A review of 2018.
c. The direction for 2019
- Jorge Lenin Attorney – Discussion of Las Palmas legal matters and Q&A by Owners. To confirm legal position on owners not in good standing and what they can and can’t do at owners’ assembly meeting: Can they attend the meeting? Can they vote? Can they provide a proxy to another owner? Can they attend the Owners’ Appreciation Fiesta?
- Vice President’s Report.
- Treasurer’s Financial Report.
- Status of Owners Violating the HOA Rental System.
- Owners Operating Illegal Rental Businesses.
- Owners Not Paying Their Fair Share of Impact Fees.
- Owners in the Rental Pool.
- Owners Not in the Rental Pool and Not Operating an Illegal Rental Business.
- Las Palmas Onsite Manager operational report.
- HOA Proposals to be voted on:
Proposal 1 – Adult Only Pool Policy - Currently the negative edge side of the beach pool has been designated as adult only due to safety reasons. This proposal will expand the adult only area to include the entire beach pool and the jacuzzi area. The cost of this proposal should it be approved by owners is the additional cost of staff to enforce this proposal during daily hours of operation.
Proposal II – Permanent Daily Winter Month Pool Heating Policy - The current policy has been the slide side of the Clubhouse pool is heated when there is 20% or more occupancy. This has kept our utilities’ cost low by only heating the pool during the times when there is a reasonable amount of people at the Resort. This proposal introduces to change the minimum 20% occupancy and make the heating of our pools unrestricted during the months of November through April. With the addition of the new beach pools this policy gives the owners an opportunity to decide on what pool(s) will be heated without restriction on occupancy during the winter months. The estimated cost for unrestricted heating of our pools per month is as follows: Megaslide pool area at the Clubhouse $7,000 per month (unrestricted), the back side of the beach pool is $9,000 per month (unrestricted).
- Keep the current policy of 20% occupancy for heating.
- If the proposal for unrestricted heating of our pools passes please vote on which pools to heat above and beyond our current budget:
- Megaslide - $7,000 per month.
- Back Side of the Beach Pool - $9,000 per month. If this proposal passes it is contingent upon the outcome of the Adult Only Pool proposal. The heated pool must be available for all ages.
- Both Megaslide Pool and the back side of the Beach Pool - $16,000 per month.
Proposal III – Oversight Committee– One of the roles of the HOA Board of Directors is to form and appoint owners to various committees to assist the HOA. This year the HOA Board of Directors has elected to give the owners the opportunity to appoint through the election process members to serve on this Committee. The role of the Oversight Committee will be of a financial nature. This Committee and its members are not in any way Board of Directors positions. The Committee will be headed by the Treasurer of the Board and the members of this Committee will have access to HOA financial information through the Treasurer. The purpose of this Committee is to assist the HOA and the Treasurer in finding ways to improve Las Palmas while being mindful of the fact that this is an HOA operating in Mexico and following Mexican financial practices and standard. Owners wishing to participate and volunteer on this committee and for any other HOA position must be present at the meeting and in good standing and must be current on all their fees with no outstanding violations.
Proposal IV – Beach Palapas – As a beachfront resort community Las Palmas has always had palapas. To date the direction of the community has been to provide as many palapas as possible. With the new beach pool development, it is important to the Board of Directors that the community provide the HOA with reaffirmation of this direction. Currently we have four palapas on each side for a total of eight palapas and it is HOA practice to keep the height of the palapas no higher than the barrier wall to minimize any obstruction they may cause due to the new beach pool development. We ask the owners to vote on:
- YES – continue to provide palapas based on our ability to do so; OR
- NO palapas in front of Las Palmas and remove the existing palapas.
Proposal V – Changing trim color from current gold color on all buildings and villas to terracotta color currently used throughout the community - Currently the exterior trim color of the buildings and villas is a shade of gold. The accent color such as building sides and interior stairwell is terracotta. We asked the owners to provide the HOA direction on the following:
- YES – keep the shade of gold colors as they are – NO CHANGE
- CHANGE THE shade of GOLD COLOR on all buildings and villas to match the terracotta color.
- Eliminate the shade of gold color on all buildings and villas completely and use the off-white that currently exists as the main color.
Proposal VI – Changing the Current Board from 3 Members to 5 Member. As per Las Palmas Bylaws: “The Board may increase the number of directors on the Board, but the number of directors must always be an odd number and shall not exceed nine (9) directors.” Although this act falls under the role of the HOA Board of Directors it has been elected by the Board to bring this forward to all Owners, so the Owners can make this decision on increasing the current 3 member Board to a 5 member Board. It is important to note that this proposal if approved, will amend our current Bylaws and will not only introduce two additional Board members, but will introduce the position of Secretary for one of these additional Board members. Like most proposals there is a cost and a benefit. Please take the time to review both as amending our current structure has many costs associated with it, i.e., legal costs to amend our current Bylaws, additional Board of Directors expenses, additional organizational costs and greater HOA bureaucracy with an increased 5 member Board.
- 13. Presentation and voting of the 2019 Operational Budget. Note: The 2019 operational budget DOES NOT include the cost of the proposals. The cost of any proposal that is approved will be added to the budget to reflect the decision of the owners.
- Board Member election and voting procedures. A 3-year Term Board Member (currently Bonnie Horton in the Treasurer role). Bonnie Horton has announced that she will be seeking re-election in her role as Las Palmas Board of Director in the role of Treasurer. Any owners wishing to run for the Director position and who would like their name placed on our ballot please forward your resume to our website ASAP, so it can be added to the meeting package materials and so owners will have an opportunity to review your resume online prior to our meeting.
- Final call for nominations and brief statement by nominees.
- Results of the voting on proposals and board member election.
- Closing of the owners’ assembly. Meeting adjourned
Please join us for the annual Owners Appreciation Fiesta with dinner and non-alcoholic beverages provided starting at 6:00pm, Saturday, January 26, 2019 in the second level owners’ clubhouse multi-purpose bar and lounge. Remember, the Owners Appreciation Fiesta is for Owners Only who are current and fully paid with all their HOA assessments (regular assessments, penalty assessments, and fines, and any other amounts outstanding not paid within 30 days of the due date). It is appreciated and helpful if owners RSVP to email@example.com.