Meeting was called to order at 4:32 pm.

Due to the fact that the Secretary, Steve Bailey, was out of town, the meeting was tape recorded and minutes were written from the recording by Steve. The unedited tape will also be saved as part of these minutes.

Present were: Dave Zeemont, President; Bob Crowley, Treasurer; Larry Felhauer and Dave Wright, Directors at Large. Also present were William Webber, Design Control Chair; Oscar Andrade, Design Control Member; Bob and Jan Thune, and Mike Davis, members.

In preparation for the first item on the agenda, the appeal of a Design Control Committee decision, Dave Zeemont noted that the Board had in its possession a copy of the approval by the Design Control Committee, a copy of the inspection done by a Committee person, the Thunes letter of appeal and pictures taken by the Thunes. A question was brought up concerning the need/use of a new wall and it was established that the addition contained a load bearing wall plus new concrete.

In accordance with the CC&Rs, Bob and Jan Thune formally appealed to the Board for reconsideration of the Design Control Committee’s approval of their neighbor’s building addition because it interferes with their view of Picacho Peak. They insisted that 100% of their view of Picacho Peak be preserved from all of their current viewing areas, specifically their patio cooking area. The remedy sought was that the addition be torn down and returned to original condition.

The Thunes stated that they will still be able to see the mountain from their second story viewing area and other parts of their back porch/patio. According to the plans, the neighbor planned to build a similar structure, much like the one the Thunes have. Oscar Andrade, Design Control Committee member, stated that during his visit of the neighbor’s home, he noted that the Thune's home to the south and the home directly north of the of the neighbor home have large patios with viewing decks that are very similar to what the neighbor is building.

A long discussion followed. The Thune’s position was that since the CC&Rs do not specify exactly what views are to be protected, they want their view to the north protected. They contend that since the neighbor’s house was there prior to the Thunes building theirs, that the neighbor should not be able to build anything to block their view to the north. Bob Crowley mentioned that the CC&Rs also try to protect the residents’ privacy as well as the views. Bob Thune mentioned that he was not interested in other people, he was just here to talk about his own case.

A discussion was held regarding the wording of the CC&Rs. The only reference to views is stated in Article I, 1. General Requirements. “It is of primary intent that the privacy and views of each lot in the Subdivision shall be protected insofar as is possible.” Because the CC&Rs were written by the original developer (John Moscato) and the sections regarding design control cannot be changed, the Board contended that it is their responsibility to interpret what is meant by “views” and to what level “insofar as is possible” means. From the beginning of the Association self-government, the “views” have been interpreted as the Organ Mountains. In addition, all building/design controls were written to protect the views to the east, towards the Organ Mountains.

The Thunes stated that it was their opinion that the term “views” should include their view of Picacho Peak. They also stated that since their house was built after the neighbor’s house, that their view should take priority.

After another lengthy discussion, Dave Zeemont asked the Design Control Chair if the Committee had changed their opinion on the approval. William Webber, Design Control Chair, stated that it had not.

A vote was then taken by the Board and resulted in a 4-0 decision against the appeal.

The meeting returned to its regular agenda. The minutes from the previous meeting were approved.

Bob Crowley, Treasurer, presented the Treasurer’s Report (attached.) There were some gate expenses beside normal expenses and he stated that we are continuing to have some problems with the drip system both from leaks and a timer that went amok. Collections are progressing well with just a few late payers. All residents have paid the first installment, with the exception of 2 properties in foreclosure.

Dave Wright, Gates Chair, reported that the Barcelona gate is partially repaired and is awaiting parts to finish the job. In response to a neighbor who said the gate hinges were making a noise at the Anthem Gate, Dave and Torres Welding inspected the hinges and found no problems. Torres stated that the hinges should be fine even though they are 10 years old since they are sealed. Dave Wright will continue to monitor them.

The anemometer that was installed to open the gates during high wind events has been adjusted to 25 mph to see how that goes. Once tripped, the gates stay open for one hour. That time may be reconsidered. This is on the Anthem Gate only. Barcelona Gate does not have a problem in high winds.

William Webber, Design Control Chair, reported that not much else was happening with the Committee. The new construction on Idyll Court is progressing quickly and with few problems.

The Board voted unanimously to contact the water company and see if the water pump near west Sonnet and south Constitution would help the water pressure on top the hill. It was only recently that the Board was even aware that the pump had been installed when Phase 3 was started. It was also explained that the construction of the new million-gallon-plus tanks would have no effect on the water pressure problems experienced in the west Constitution area, as no new water lines to that area are planned.

It was brought up that one resident was parking a motor home in their yard. It turned out that the motor home was brand new and has since been removed before any notice was given. As a reminder to all residents, according to the CC&Rs, motor homes (RVs) may only be parked up to 48 hours in any given 7 day period. This rule was meant to allow ample time for loading/unloading a vehicle while not causing a visibility problem in the neighborhood. Also, motor homes, and any vehicles for that matter, shall be parked only on a driveway or other designated parking spot. A rocked area in a yard, which is considered part of the landscaping, does not constitute a designated parking space.

With no further business, the meeting was adjourned. The next Board meeting will be held on Monday, August 15th, at 4:30 pm at 1236 Regency Court. All meetings are open to all members. As always, if you plan to attend, it is advisable to check to make sure the time/date has not changed. You can do this by calling Steve Bailey at 520-0668 or using this email address. As a reminder, if you need to contact the Board and time is critical, call instead of emailing.

Taken from a recording of the meeting and respectfully submitted,

Steve Bailey,

Secretary CRNA

July 16, 2016

575-520-0668