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 10th day of the month of February 2018, at 10:00 hours, 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 mentions above, we convoke for the same purpose, in Second Call at 10:30 hours in the same date and place; meeting that will be held by the following agenda:
NOTE : Appropriate behavior at 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. Alcoholic beverages and being “under the influence” while attending important meetings is unacceptable and disrespectful to all owners. The Board of Directors is asking for everyone’s cooperation.
February 10, 2018, 10:00 am - Member Check-In/Registration
1. 1. Call to order, Welcome by the HOA President.
2. 2. Election of the President of the assembly meeting, appointment of the Secretary and the assignment of Scrutinizers.
3. 3. Validation of Legal Quorum, in which case, declaration of a legal integration of the assembly.
4. 4. Introduction of board members, onsite management team, administration, etc.
5. 5. HOA President’s Report.
- The “State of Las Palmas”
- A review of 2017
- Review of the HOA rental system operated by Las Palmas Reservations (LPR).
- The direction for 2018.
6. 6. Vice President’s Report. To include information regarding Las Palmas security and onsite operational overview; expectations for 2018.
7. 7. Treasurer’s Financial Report.
8. 8. Las Palmas Onsite Manager operational report.
9. 9. Update and reminder information on the Las Palmas Rental system. There are owners who may not be aware of the current Las Palmas rental system policies and practices.
a. Las Palmas policy does not allow for third party rental companies to operate in Las Palmas. All third-party rental companies must go through LPR, the HOA rental operator. This is to ensure the highest standards are upheld, compliance with Las Palmas bylaws and Hacienda.
b. As per Las Palmas bylaws section 3.11, exclusively to residential use “No trade or business may be conducted”. Operating a rental business from your unit goes against our bylaws. One of the reasons the HOA Rental System was created was to allow owners the opportunity to participate in an approved HOA rental pool system that is in compliance with our bylaws. Ownership in Associations have restrictions for the protection of all owners against liabilities to the community and protect the Association’s “not for profit” standing.
c. Our HOA rental system has allowed for owners to pay impact fees on their paying guests where the owner is not participating in the LPR rental pool and is not a business. The Board has been using the honor system and has found that there has been possible abuse of this honor system.
Note: Moving forward, section 5.1 of the bylaws “Power of the Board to impose fines.” The HOA will apply restrictions, penalties and fines should there be situations where there is abuse, or should owners not comply with the HOA bylaws and the rental system. This will be reviewed on a case by case basis. It is simply unfair to the vast majorities of owners that are complying with the bylaws.
10. 10. The 2018 HOA improvement standards initiative. As we complete projects that improve the Las Palmas value to owners and our community, the HOA will turn its focus in 2018 to the quality and standards of the common areas. With the completion of the beach pool area project there will be less need to focus on additional amenities and more focus on keeping our common areas at the highest standards. In order for our guests to respect our community it is also important for those owners in the rental pool and those owners that have units visible to the common areas to keep and maintain their units at the same standard. LPR has acquired the services of a local home designer that will work with LPR and all owners to improve their units for rental purposes or those non-rental units visible to the common areas. Information about this free service will be available at the meeting and at the Owners/Guest Services Office.
H 11. HOA Proposals to be voted on:
Owners of Las Palmas to approve beach access and sharing of all common areas in a proposed development to be known as “Las Palmas Tower(s)”. This is not a Las Palmas HOA project and the HOA will not have any involvement in the development. The only Las Palmas HOA role in this process is to place this proposal on the agenda so all owners are aware of this opportunity and to place conditions on the proposal if passed by the owners to ensure that this proposal adds to the value of our community and this proposal gives each individual owner of Las Palmas the first opportunity to invest and the first opportunity to purchase based on each owners current ownership in Las Palmas. Additionally, the HOA has placed a condition on the proposal to include additional parking for Las Palmas owners to be underground and to allow for shared parking once the project is completed and the development is given access and utilizes combined common areas access similar in concept to the Las Palomas development. The HOA conditions of this proposal are benefits to all owners if approved access is given:
- · If the proposal is approved, the Developer agrees to Las Palmas owners shared underground parking.
- · If this proposal is approved, Developer agrees to Las Palmas owners to have equal proportionate opportunity to invest in the development based on their current ownership percentage in Las Palmas in the form of a first right of refusal. If approved it will the first development financed by the owners where the owners can benefit in the profit through a limited liability partnership (LLP) arrangement. Any additional necessary financing after the in-house investment by owners can be procured privately or publically, outside of Las Palmas ownership.
- · If this proposal is approved, every current Las Palmas owner will have equal opportunity to purchase the new Pas Palmas Tower(s) unit(s) through a lottery system where new Tower units can be sold at ground pre-sale pricing prior to any sales going to the public.
- · If this proposal is approved, based on economies of scale, more units sharing in the overall expenses can result in lower HOA fees to the cost per unit. The proposed Las Palmas Tower(s) may have 100 to 150 units. This number of units added to our existing 172 can substantially benefit our current already reasonable HOA fee situation.
- · If this proposal is approved, Las Palmas will gain access from the main east to west road just like Bella Sirena and Esmeralda. Las Palmas will no longer depend on the current side road that is currently a dead end road.
- · If this proposal is approved, Las Palmas owners will benefit from the additional services and amenities the new Las Palmas Tower(s) will provide, such as additional pools, spas, saunas, restaurants, gaming areas, exercise areas, etc.
Note: All owners must be aware of the sensitive nature of this proposal. The magnitude of a project like this requires some confidentiality and privacy as land and developer are yet to be procured and this proposal requires a substantial amount of negotiations should the owners of Las Palmas approve access and the sharing of both developments common area. A more detailed presentation will be made by Dan Dimovski at the owners meeting. There will be an opportunity for all owners attending this meeting to ask questions.
The Board of Directors is proposing to eliminate the “Adult Only” pool policy at Las Palmas. As you may recall, in 2017 this was passed by the owners to designate one pools and hot tubs each month at either the Grande or Baja buildings as “Adult Only”. At the time, Las Palmas was experiencing a high volume of guests utilizing all our pool areas. There were more family oriented guests using all the pool areas at the expense of adult guests seeking reasonable peace and comfort. Las Palmas just did not have the pool area capacity to provide pool space for all ages with reasonable peace and comfort for all at the same time. Since last year, many things have changed. With the addition of the new beach pool area we will have nearly doubled our pool real estate area at Las Palmas. The new beach pool area is actually two pools in one. Both will have pool sunbeds and swim up bar capability. The front beach facing pool will be the negative edge pool for all ages and the back facing beach pool will be more adult oriented and will include two warm Jacuzzis and two booth style pool sitting areas for small groups. This pool will be more adult oriented and will also be closer to the new large five meter “Ying Yang” style Jacuzzi. With all these new developments and changes, it is the position of the Board that there is no longer the need for “Adult Only” pool at Baja and Grande and we no longer need to segregate our guests based on age. There will be more than enough pool real estate between our current family oriented clubhouse pools and slide area and with our added beach pools to accommodate our guests of all ages.
12. 12. Presentation and voting of the 2018 Operational Budget.
13. 13. Board Member election and voting procedures. A 3-year Term Board Member (Bruce Turner – HOA Vice President Role). Bruce Turner has announced that he will be seeking re-election in his role as Las Palmas Board of Director Vice President. 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 that owners will have an opportunity to review your resume online prior to our meeting.
14. 14. Final call for nominations and brief statement by nominees.
15. 15. Questions and Answers.
16. 16. Results of the voting on proposals and board member election.
17. 17. Closing of the owners’ assembly. Meeting adjourned.
Please join us for a cocktail hour hosted by LPR from 4pm to 6pm in the new exciting beach pool area on Saturday February 10, 2018. There will be appetizers, beer, wine, sodas and water followed by the annual Owners’ Appreciation Fiesta with in the second level owner’s clubhouse multi-purpose / UNO MAS bar and lounge. Catering by “The Grille at Las Palmas Resort” Restaurant.
Additionally, do not forget to attend the Beach Pool Inaugural Grand Opening celebration which has been scheduled for 2 PM Friday February 9, 2018 with festivities and celebration activities till dusk. Note, at the time of this publication the beach pool is on schedule to be completed in time for the owners meeting. Should this not be the case the inaugural event will be cancelled and rescheduled for the near future.
NOTE: Owner Appreciate Fiesta for OWNERS ONLY. Guest of Owners welcome and will have an option to purchase tickets based on availability. It is appreciated and helpful if Owners RVSP.