Congratulations to our winners!

Congratulations to the winners in tonight's CH HOA Board election.  They were Bob Crandall, Ron Freidman and Barry Werbelow.
I am sure we all wish them the best of luck in their upcoming terms of Board service.

Questions and issues for our AGM

As you may know, our HOA annual general meeting is this coming week.  This would be a good time to confront some serious issues that really do call for answers from our two most senior Board members.  I speak, of course, of Mr. Flink and Mr. Feldman.

Indeed, it was Mr. Flink, who, at our Meet The Candidates evening in April, posed the question to the panel: "Can we trust you?".  It was my belief then, and is now, that Mr. Flink would rather have asked us when we had stopped beating our wives, or, in Mrs. Bulkin's case, her husband.  However I suspect he knew that that would not pass muster with our affable moderator for the evening, Mr. Russell.  In light of what I have found out, it would seem to be a fair question for Mr. Flink and Mr. Feldman, though, turn about being fair play.

Excessive speed on Queen's Wreath.

This issue is the one that has been the subject of most debate on our community forum.  There are two groups of people involved on this issue, and they actually address different things.  There are those who live at the top of the hill who are glad to see the back of the speed bumps.  There are also those who live on or near Queen's Wreath who are concerned about the sometimes wildly excessive speed of vehicles on that street.  The general consensus is that  speeds have increased since the speed bumps were removed, although to the best of my knowledge and belief there has been no objective check.  The Board refuses to answer my questions on this issue.

With all due respect to the first group, this is not an issue about speed bumps, it is an issue about safety.  I personally do not care how speed is to be controlled -- but it does need to be controlled.  Residents of our HOA may reasonably demand that their directors look out for their safety in our community.

With that in mind, I researched the issue in our Board minutes.  In the minutes of August 20th, 2009, an engineer engaged by the Board attended the Board meeting.  This is an extract from that meeting:

OK, well at least we now know what the priorities were. I don't think this is originally what was said, as the bit about individual drivers was added in the approval of these minutes the following month.  We will never know now, but, as I say, at least we know how the Board's priorities were ordered.

Fast forward now to the Board meeting of  February 18th, 2010, when the issue was voted on:

Speed Humps – Bill Fuchs made a motion the remove the four most easterly speed humps and then stripe bike lanes and start a communication program with speed limits and verbal reminders as well as quarterly mailings as additional reminders.  George Jurrow seconded the motion.  There was further discussion about this motion.  Joe indicated that he would like to see a stronger form of education for the homeowners in regards to the safety for the kids.  George Jurrow mentioned that it is a parental responsibility and not the HOA’s.  It was discussed that communication through a newsletter was a good form of communication without coming across as though they were lecturing parents how to drive.  George explained that bad behavior happens on other streets as well and that there is a human nature aspect that needs to be considered.  George also explained that the motion on the table was strongly suggested in the engineering report that had been received.  George said that it repeats in the report that speed humps are strongly discouraged due to emergency response vehicles.  He said that the there was strong support in the engineering technical report to remove the speed humps.  David George disagreed with George Jurrow.  He did not recall it saying in the report to remove speed humps.  David’s recollection was to add bike lanes along with speed tables.  David mentioned that speed bumps will not hold back emergency response vehicles from getting to a scene.  After the discussion, the motion was passed with four votes in favor and one against.   

Having read the report to which Mr. George refers, I conclude he was the only Board member who actually read it it, or at least remembered it.  Two of the four parties voting for that motion were removed from the Board in January this year.  That leaves Messrs. Flink and Feldman.  Now let's look at the report of the engineer commissioned the Board, Gutierrez Civil Solutions, LLC.  Copies of the full report may be obtained from our community manager or I will send you a copy if you e-mail me.

This extract is from page eight:

OK, if we take out the speed bumps speeds will increase.  Later the engineer discusses how effective "education" is:

And here are the engineer's recommendations:

So, our Board had been told in no uncertain terms that to remove the speed bumps without replacing them with another traffic calming measure will result in increased speeds on Queen's Wreath.  By the way, bike lanes are discussed in the report but not as a traffic calming device.

So, to summarize: Mr. Flink and Mr. Feldman, knew, or should have known, that removing the speed bumps would lead to higher speeds on Queen's Wreath, but they went ahead anyway, AND, have proposed nothing to remedy the situation since AND are defensive when confronted by homeowners at Board meetings.  That's a problem.

And, in addition to decreasing road safety in our community they have also probably exposed us to liability as if anyone is injured on Queens Wreath and litigates the issue, this engineer's report is bound to come up in discovery.

January Board Minutes

Another question that remains unanswered is who is responsible for the shameful and scurrilous additions to the January Board minutes.  The issue is covered in detail in the two preceding blog posts, so I won't rehash them again.  Mr. Flink was the Board President at the time, but that does not mean he was the author of the additions.  Given the mean-spirited nature of the writing I have my own suspicions, but who knows?   Someone needs to man up here, stick his hand in the air and tell us why he felt the need to adjust the minutes as he did.  Someone apparently had enough courage to write the edits, but that courage appears to have disappeared now it is time to claim pride of ownership.

Meet The Candidates

At the April meet the candidates evening, in posing me a question  referring to the banking of cash in the  May 2006 financial statements of Cimarron Hills HOA , Mr. Feldman concluded his presentation by asserting that "the bank failed eight months later".  Which would have been January 2007 by my estimation.

It was clearly Mr. Feldman's intent that his statement suggest that the choice of bank was unwise by alleging that it failed shortly thereafter.

According to the FDIC, the bank in question was merged into Mutual of Omaha Bank at the FDIC's direction on July 25th, 2008, some twenty-six months after the date of the financial statements offered, well after I had left the Board, when Mr. Feldman was Treasurer,and when many other national banks were also turning to the government for assistance.  For the record, no-one lost any of their deposits in that merger, or even access to their funds.

Now, I may choose to attach various adjectives to Mr. Feldman, and he to me, I am sure, however careless and stupid are not among them. So, I have to conclude that Mr. Feldman knew or should have known that his statement was untrue and likely to mislead.  I have twice asked Mr. Feldman to substantiate his assertion.  He has failed to do so.

It's a sad thing to say about your HOA treasurer, but based on this experience I will forever have to question if I am hearing the truth from Mr. Feldman or if he has again chosen to mold the truth to meet his needs.

On to the AGM.....

The original January Board minutes (pre-"edits")

Following are the original January Board minutes before the three remaining members of our Board decided to "edit" them to assuage their egos.  I would have to say that these minutes, before the enhancements provided by the Board, look much more like the professional minutes I have come to expect.

Everyone becomes angry from time to time.  It's human nature.  But what is worth remembering is that, absent the entry annotated in hand by the scribe, the "enhancements" made to the original minutes were not done in the heat of the moment, but in the cold light of day some days or weeks later.  What that tells us is that ego is a huge deal for our remaining Board members.  In fact, I think a reasonable person might conclude that ego is clearly more important than service to our Board.  If you ever wondered why some people seek office, now you know.

As I stated in my previous post, I believe resignations should follow swiftly.  I doubt they will.  Please consider this when you cast your votes for Cimarron Hills Board.

Click on each page or image to view it full size.

The scandal that is our Board Minutes

The minutes of our HOA Board meetings of January and February were recently posted to the Rossmar and Graham website.  To save you the torture of negotiating the R&G site to obtain your own copies I have attached them here.  I have had to upload these as images so to view each page full-size, just click on the image.

In Matthew 7:20 we read: "Wherefore by their fruits ye shall know them"  These minutes -- and more to the point, the edits provided by the Board -- tell us more about these gentlemen and their ethics than we should ever want to know.  Since I first read these minutes I have been struggling to find a word to describe them.  That word is scandalous.  When I was on the HOA Board we would never have countenanced either writing or publishing such documents.

I was not present at the January Board meeting, although I gather it was quite heated.  Given its proximity to the special election that removed two Board members it is entirely understandable that feelings would run high, both from the floor and the Board.  That does not excuse what has been added to these minutes by the Board (see following).

Today Mr. Mayer posted this on the Cimarron Hills discussion group, and I take him at his word: 

I received a call from Rossmar this morning.  Mr Hanley (President), Mr CogHill (VP), Deanna (Recording Secretary) and Don Russell were all on the phone.

 Mr Hanley said Deanna's Jan/Feb meeting minutes were changed by the board.  Mr Hanley did not feel comfortable in disclosing what the changes.   Mr Hanley did apologize about the inappropriate personal attacks recorded in the minutes.  He said that should never had happened.    Though Mr Hanley said it will be an uncomfortable situation, Rossmar will tell the board changes like the ones directed in Jan/Feb will no longer be allowed. 

In my judgment the January minutes are, as I have said before, tortious.  By amending and propagating the minutes as they did, our Board not only engaged in stroking their petty piques and egos, they subjected our community to potential monetary damages.  Any of the three who partook in this "editing", and/or voted to approve these minutes should promptly resign, and withdraw from any elective office they may happen to be running for.  At the end of the day, the President, who acts as Chariman, has the final responsibility.

The February minutes are less egregious than January, however they still contain expressions of opinion added after the fact that have no place in professional minutes.  I might also add that the minutes are inaccurate and incomplete as they relate to my question about the speed humps -- actually I asked if we had before and after speed tests -- and as they relate to my question about admittance of visitors to open houses.   

Board election candidacy

You will know that I have stated in previous posts that while I have been seriously considering offering myself for election to our HOA Board, I had not absolutely decided.  Reason being that, while on the one hand I plan on being a very long-term resident of Cimarron Hills and care deeply about our community, I am also under no illusion about what the commitment entails. I've done it before. I received a letter today from  part-time CH residents Jerome and Linda Carlson which made up my mind.  I will be a candidate for our Board in the forthcoming election.
The Carlsons, apparently, take umbrage at a section from my Manifesto for Cimarron Hills, which I am reproducing below:

Maintenance of the quality of life and security of our community should be the primary concern of the Board consistent with conservative and sensible financial and operating practices.  This does not strike me as being that hard to grasp, but apparently it is for some.

In our most recent Board meeting I watched a resident who, from what I heard, was rightly quite angry and despairing about the unwillingness of the Board to enforce our CC&Rs.  What I heard about were not minor infractions, so, if I can grasp that enforcing our important CC&Rs (we are not talking about a bin left out overnight here) is essential to maintaining our quality of life, how is it that our Board does not?  I asked Mr. Friedman very directly if he had consulted our HOA attorney on legal remedies.  I did not receive a reply.

Other residents have complained about excessive speed in our community since the Board removed the speed humps.  I asked Mr. Friedman a direct question about measured speeds in our community at the February Board meeting and did not receive a reply.  If we do not know if traffic is faster or slower now, how might we even begin to address the issue of road safety in our community?

I believe I am correct to question the quality of the judgment that is, and has been displayed by our Board members on these and other issues.  If you agree with me, I will appreciate your support in the upcoming Board election.

Expansion of McDowell Sonoran Preserve.

Being lucky enough to live, as we do, on the border of the beautiful McDowell Sonoran Preserve, you may be interested to read that Scottsdale is working to purchase another large chunk of land to add to the preserve:
http://bit.ly/eOPGco
While I may not always appreciate some of the  machinations that went on in the process to bring us the Preserve, I am always glad when I am in it.  It is a great asset to our community.

Board meeting notes of March 18th.

Following is a summary of my notes from last night's Board meeting.  Please feel free to contact me directly with questions or comments, or post them yourself to the comments section.

The meeting opened with Mr. Friedman in the chair.

Mr. Flink read a prepared statement in which he spoke of his high regard for the two Board members removed by ballot earlier this year, his qualifications and experience to hold the office of President and certain health challenges that he has been forced to confront.  He concluded by resigning from the Presidency of CH HOA and nominated Mr. Friedman for the post.  Mr. Friedman was duly elected.

One homeowner complained about lack of HOA action on homes next to hers where the owners are in serious breach of the CC&Rs.  Mr. Russell explained that HOAs are being progressively restrained by legislation and the Courts in terms of enforcement actions they may take.  One suggestion from the floor (Mr. Meyer) was that the community should cancel the electronic gate passes of scofflaw homeowners.  I asked the chair if the Board had asked Scott Carpenter if these cases could be settled by direct litigation.  I did not get a direct reply but I believe enforcement of CC&Rs by litigation is an option open to the Board.
OPINION: I understand that our HOA's rights to enforce its CC&Rs may have been reduced.  Nevertheless, even if there is a cost attached to our HOA enforcing the CC&Rs in a Court, I think they should do so if all other options have been exhausted.  This is a quality of life issue, and one that, if not dealt with, could quickly become unmanageable.

An attempt was made by the Board to establish that no vote had ever been taken to expand the fitness facility.  (To my mind, the issue of whether there was a vote or not is entirely moot.  What enraged the community was the Board's insistence on plowing on like the Battleship Bismark in the face of a torrent of objections from residents.)  This led to several points from the floor and Board responses about the necessity for the Board to obtain community approval for expenditures.  On December 18th 2010 I wrote:

"In terms of the management of our HOA, Bill (Fuchs, the then HOA Prseident) is correct in his assertion that the Board is mandated to run the HOA as it sees fit as an elected Board. Having served on the Board with Bill I must also agree that with him that HOA governance by referendum has the potential to be troublesome unless it is clearly defined. ..... There are ways to solicit homeowner input on an annual basis to assist the Board in getting some feedback from homeowners. An annual survey, printed, or online would be easy to distribute and collate and could give the Board valuable feedback on the desires of its homeowners. This is exactly what the HOA at my Tahoe home does and it works very well – as the Board pays attention to the feedback (and discusses it at the AGM), even if they don’t always agree or act on it."

OPINION: This does not need to be a black and white issue. There is a way for the Board to solicit and consider opinions even if they do not feel bound to agree with them.

A homeowner (Mr. Meyer) raised the issue of danger to the community by fire and asked the Board to consider a Fire Protection Plan.  Mr. Feldman responded that Safeguard Security had reviewed this, and that we had received a visit from Scottsdale Fire which had led to thinning and trimming of underbrush to provide defensible space. 

"Meet the candidates" night  will be on April 11th, I believe at the McDowell Center.

To my mind the highlight of the evening was a discussion pertaining to the replacement of exercise equipment.  Mr. Russell presented his recommendations and bids which fell foul of Mr. Feldman, much to the irritation, I observed, of one homeowner in particular who pointed out that this matter had been going on for some time (months).  Eventually the Board kicked the can down the road, as it were, in a desperate attempt to demonstrate fiscal responsibility.  All would have been well, I believe, had Mr. Feldman not pointed out that (I am paraphrasing) the Board was only three as two other members had been removed, they were only volunteers and they (he in particular) had a great deal of work to do.  Mr. Meyer pointed out from the floor  that the Board had had every opportunity to fill the vacant Board seats either by appointment or special election (I believe Mr. Meyer is correct). This then provoked a rambling and amplified diatribe (I am sorry to call it thus, but that is what it was) from Mr. Feldman that veered off into various topics.  Eventually Mr. Friedman was able to close the meeting and we all went on our merry way, but only after the issue of replacement of the exercises equipment had been deferred for a month, principally, it seems, because Mr. Feldman does not like to mix brands.
OPINION: Agreeing as I do with Mr. Meyer on the Board's opportunity to promptly appoint or elect replacement Board members, which they declined to do, I find Mr. Feldman's protestations of overwork because the Board is short-handed to be the ultimate in chutzpah.  I will also say that, having countenanced the possible spending of significant chunks of our money on gym expansions, monuments, etc.I find it somewhat amusing that now being faced with a fast approaching election some members of the Board are desperately attempting to wrap themselves in the mantle of parsimony.

There was also a discussion on legislative initiatives, which I have excluded from these notes as I wish to deal with them as a longer and separate post.

City of Scottsdale curfew law.

This post was stimulated by an article I read about curfew laws in Phoenix entitled: "Do you know where your child is?"    With Spring break upon us, and the nights lengthening, it's a good question, isn't it?
 For those who may not know, Scottsdale does have a curfew law.  Scottsdale PD will enforce the curfew law in Cimarron Hills in response to a complaint.
The curfew law is:

Scottsdale Curfew Law (7 days a week)
	15 years and under - 10:00pm
	16 and 17 years - 12:00 am
Exceptions: Accompanied by parent or legal guardian; necessary for work, including going to or returning from work (prior permission by parent or guardian); any reasonable, legitimate and specific business or activity, with permission by parent or guardian.

Please note that the exceptions do not mean that parents can tell their children it's OK to be out after curfew. Noting from the crime map below that vandalism is one of the more frequently reported crimes in CH (even then it's pretty low), and not recently having seen a senior citizen charged for it, it struck me that this might be a timely reminder.

Board election nominations available

You should have received a Request for Candidates form from our management company, Rossmar & Graham.  This is basically your application form to place yourself on the ballot for the Cimarron Hills HOA Board of Directors.  If you did not receive this form, and would like place yourself on the list of candidates standing for election, please e-mail me and I will e-mail or fax a form to you.  After what happened with the mailing of our special election ballots, I am assuming nothing at this stage.
I have not yet completely decided  to run for office in the election, although I am certainly leaning to doing it.  I thought I was done with my Board service at CH HOA, but maybe not.  The most telling question on the Request for Candidates is: "Why do you want to serve on the Cimarron Hills Board of Directors?".
Indeed, that is a very good question.  In my case, this time around I will run because I believe we need a turnaround in how our HOA is run.  My choice of the word "turnaround" should not indicate to you that we are in financial straits; we are not.  Not should it indicate that our management is in a shambles; it isn't, although there are some things I would change.  However it is my observation that the culture of our Board needs significant change.  Our Board needs not to Major in minor things, but to focus on a few, important, common sense issues.  As I have said previously, this should not be hard. But apparently it is.  Or at least for our recent Boards.
If I had to sum it up, our Board should concern itself primarily with quality of CH life, financial and physical security.  That's it.
I hope we have many candidates.  I do not care if they are young, old, men, women, employed or retired.  All I would tell prospective candidates is that while it is a privilege to serve it is also a job.  The Board is not the place to regain the ego satisfaction that you previously obtained elsewhere, nor is it the place to further your own business interests.
The manifesto that now has its own tab at the top of this blog lists in greater detail what I think is important for our Board, and the qualifications and disqualifications to service.

From the police blotter (aka Crimes)

If you would like to see how our community stacks up against others in Scottsdale you may do so from an interactive map provided by Scottsdale police department here: CRIME MAP. This how the crime map for our community and the surroundings look for the last twelve months (if you click on the image you can see it full-size):

The map is powered by Google maps so you can zoom, drag, view satellite and so on.  The map is interactive, you may add or remove crimes, change the date range (careful, that doesn't stick too well).  The map above is for the last twelve months.  Inside our gate we have had the following crimes:
Simple Assault - 3 (all at night and quite late, my guess is domestic)
Trespassing- 1  (I'm guessing this is domestic-related too)
Vandalism - 3 (yes, we have teenagers)
Residential burglary -1
Theft, other - 1
Not too bad given my assumptions on the nature of the crimes. It is essential that we make sure that our gate guards only admit those they are authorized to admit and no others to keep us low on the property crime statistics.  All these crimes occurred in 2010, we appear to have been a well-behaved bunch in 2011.
FYI, this is DC Ranch.  They seem to suffer more residential burglaries than we do behind some of their gates.  A lot of the other crimes there are from construction sites. 

Local home price and sales update

I am able to offer some updated news on home sales and prices.  The data is from The Cromford Report for Greater Phoenix, however our ZIP code, 85255, was one of the most active ZIP codes in the three price categories mentioned:
$200-$400,000.  Supply dropped 3.3% in the last month and is down 10.4% in the last three months.  Foreclosures and short sales are falling too. Demand is also up.  Sales rose 11.4% in the last month.  inventory has falen to 156 days.  Cromford says: "the sector remains stable and the short term outlook has turned slightly positive".  Price per Sq. Ft. down 2.2% (3mo)
$400-$800,000.  Supply is down and demand up. Supply is at 8.4 months compared to 10.2 months on January 26th. Foreclosures took 15% of sales; Short Sales 23%.  However, "normal" sales now make up 76.4% of active listings which is encouraging.  Short term outlook is positive, Cromford describes this sector as in"..long slow recovery mode". Price per Sq.Ft. up 0.6% (3mo).
>$800,000.  Supply down, but demand still week.  Distressed property prices per Sq.Ft. the lowest in ten years.Actual sales prices are 71% of list, demonstrating unreasonable expectations on the part of sellers. Which may be why average days on market is 284 days.  Things are more likely to improve than get worse but low demand still a concern.

Bobcat Alert!

I came a little early from work today to find that I had disturbed a small female Bobcat who had been asleep on one of our back patios.  That patio gets the sun in the afternoon, so I imagine it's a comfortable place to crash out.  I was pretty quiet, and the Bobcat moved around to our other patio, sat down and scratched its ear.  This is not the first time I've seen a Bobcat around the yard, in fact it's almost Bobcat highway.  At least I know now where the rabbits have gone.  Got a very poor picture with my Blackberry which didn't work well through the sun screen.

I delight in the wildlife that also makes Cimarron Hills their home.  Chasing javelina from the front yard to prevent them eating my wife's plants has been a sometime pastime of mine.  (Contrary to popular belief javelina are not fierce unless you force them to be so.  The poor souls are blind as bats, don't have the best hearing and rely a lot on their noses).

About the only things I find very hard to love -- in fact I really don't like them -- are bark scorpions.  I do feel sorry though, for the giant desert hairy and striped tailed scorpions that get stomped, squished and sprayed after being mistaken for their more nasty brethren.  By the way, if, if you want to teach your children how to recognise a bark scorpion, tell them: "Big claws, small sting.  Small claws, big sting".

I care far more about preserving our community in a way that will allow us to continue to enjoy our wild neighbors and desert scenery than I ever will about renaming our recreation center a "Club" or building a monument at our entry so that those without navigation skills may locate our community.

Saguaros in the snow

I have lived in Scottsdale for nigh on 26 years.  I never get tired of these views although they seem more frequent these days.  I suppose it must be due to global warming.

Well, it could get worse (couldn’t it?)–home prices

If you’re really worried about home prices, maybe they’re keeping you up at night, don’t read this post.

Hidden in all the news about Libya and the Christchurch earthquake, the Case-Schiller home price index came out this last Tuesday.  The data, which is issued by Standard & Poors, is for December.  In the latest survey, Case-Schiller found that while some markets – notably California coastal – are improving slightly, ours isn’t one of them.  Phoenix lost 1.7% in the Nov-Dec 2010 period, 8.3% for the year.  The National home price index lost 4.1%.

As if that weren’t bad enough, in the Barron's of February 21st, 2011 we read that CoreLogic has found that the National Association of Realtors (NAR) has consistently overstated home sales data leading to an overstatement in 2010 of between 15-20%.  Well, imagine that!  You can read a short article from UPI about this issue here.  The error was caused by a benchmarking problem caused by more sellers using Realtors rather than trying to sell homes themselves, and a consolidation of Multiple Listing Services, which is where Realtors list home for sale.

The good news from CoreLogic is that if a sale was not foreclosure or short sale, prices increased last year (that is, if the property could be sold), whereas distressed real estate obtained a little less.

Here is a video of the NAR chief economist explaining and excusing himself:



If you want to read a full explanation you may do so HERE.

Now, rather like politics, all real estate data is, or should be local.  You probably receive some of the most complete local real estate data in you mailbox every over month or so from local Realtor Helene Cass.  Her newsletter is also available online HERE.The key point is that forerclosures don't dominate in our ZIP code although whether that's also true of short sales I don't know.  In Cimarron Hills, 2010 sales were down by 0.37%; Cimarron Ridge, 8.52% and Sunset Point a tear-jerking 22.39%  Full $/sq.ft details are in Helene's newsletter.

Of course, how one views things is largely a function of what we focus on.  While the Barron's article we referenced earlier points out that demand for mortgages is at a 27-year low, on the other hand Case-Schiller points out that the ratio of home prices to average incomes is about back to normal:

So, I suppose, while we might consider from this that the so-called real estate "bubble" is over, it still remains to be seen how long it will take for home inventories to reach a normal level, whatever that means.

In all of this, if one's home has zero or minimal leverage, and one isn't planning to move, a lot of this data may be moot other than to make us feel more or less wealthy.  But if one is highly leveraged, or even under water, while there is light at the end of the tunnel, whether it may yet be a train is unknown.

The Board's Code of Conduct

In our commentary from the Board Meeting we referred to the Code of Conduct that was introduced, read and adopted by our Board.  At the meeting I didn't have much reaction beyond the fact that it seemed rather silly and only necessary if the Chair found himself chronically unable to run a meeting.  

The key take-home though is that we should wonder if this is really the best use of our Board's time.  At the Board meeting there were continuing resident concerns about speeding in our community, I would have though that the time might be better spent there.  However, back to the Code:

Although it didn't strike me at the meeting, afterwards, the more I thought about it, the less I liked the Code.  I have inserted a scan of the Code as it was distributed at the meeting and how it also, presumably, was written and thus reflects the views of its author.  I encourage you to click on the images so you can see the red bold type that I have concluded betrays a lot of the author's motivation, whosoever he might be, as I didn't see anyone claiming pride of ownership.

I eventually concluded that the code is a perfect example of mental masturbation in that this intellectual exercise serves no practical purpose.  As I said before, if the author was able run a meeting he wouldn't need the Code.  I might also add, and will be asking, where the Board thinks it is given the authority to levy fines or assess charges for bad behavior as I don't recall seeing that in our Bye Laws. We can also conclude that the author has an over-active imagination as I am somewhat at a loss to imagine what uniformed legions are going to swoop in to rescue the Board from an angry resident -- the Safeguard patrol?  And if the police are ever called to one of our meetings I really, really want to be present.  (A cynic might suggest that as Scottsdale PD is disinterested in enforcing our speed limits it is unknown how interested they will be in enforcing our meeting rules).

I am sorry to have to say this -- because at the end of the day we all want orderly and constructive meetings -- but I also have to say that this Code says more about the three gentlemen who voted for it than you ever wanted to know.  It is also not lost on me that, given current events, that our Board seems intent on subscribing to the Muammar Gaddafi method of dealing with dissenters. Odd how external poltics continue to be reflected in the doings of our HOA governance.

In light of the fact that our Board eschews action on other issues as they are only three, one has to wonder where the time and effort came from for them to work on this issue.

Impressions of Board meeting Feb 17th 2011

I will keep my observations on the last Board meeting as short as possible.

Mr. Flink has passed the task of running the meetings to Mr. Friedman.  I am unsure what else, in practice,  the President of the Board does, however there must be more, otherwise I am sure Mr. Flink would have divested himself of the Presidency.

The Board repeated that it had not appointed replacement Board members to replace those removed as the annual election occurs in May.  However, on the other hand they declare that they cannot continue with various projects and tasks as they are only three.  I thought this to be rather a case of having one’s cake and eating it.  However, there is little to be done about it even it ranks a C- on the good governance test.

The issue that will not die – I refer, of course to the speed humps or the removal of same – was again introduced by a resident complaining about the extra noise speeding cars now make on Queen’s Wreath.  The best reason the Board could offer for the removal is that emergency vehicles will not be delayed ascending Queen’s Wreath.  I had never seen them much delayed before and think this is more in the imagination of our Board than in reality.  Never has clutching at straws required such effort.

Trying to helpful and eschewing the role of armchair quarterback I asked if the Board had quantitative data to objectively prove that traffic is now slower on Queen’s Wreath.  Mr. Feldman advised that indeed they had data from before the speed humps had been removed.  At that point, Mr. Friedman decided he had heard enough and we moved along swiftly without any resolution.  So I conclude that either it is a mystery to both the residents and the Board if traffic is slower or faster on Queen’s Wreath, or, traffic is in fact faster, and the Board just doesn’t want to confront the fact as it was they who removed the speed humps. 

By my observation, the main benefit of the removal of the speed bumps is that one is no longer required to leap for one’s life from the sidewalk to avoid being mown down by fellow residents, their visitors and tradespeople who previously would drive on the sidewalk to avoid the speed bumps.  We should, I suppose, be grateful for small mercies.   And, of course, important visitors to open houses are no longer delayed in their precipitous progress.

And speaking as we were of open houses, Mr. Russell informed us that the Realtors’ lobby – which is well funded and effective – has persuaded the legislature that our community may no longer regulate “For Sale” signs.   And the same thing goes for open houses, so our community is now a seven-day-a-week open house.  Should you meet a realtor I suggest you congratulate them for their work on their behalf.

The continuing issue of the security of our community and access to open houses was raised from the floor.  I have some questions into Mr. Russell on this issue and will post his reply when I have the full story.  As you may know, I am passionately interested in maintaining the security of our community.

The crowning glory of the evening, at least in minds of the Board, I am sure, is the meeting code of conduct they introduced.  As I am reproducing it here, I will put it up as a separate post with my comments.

A manifesto for Cimarron Hills HOA

 A manifesto for the governance of Cimarron Hills Homeowners' Association ("CHHOA")

Anthony C. Humpage

I don't think the governance of CHHOA need be complicated.  Indeed, I think it would probably benefit from some simplification.

I believe that it is the responsibility of the CHHOA Board to maintain the quality of life that residents moved to CH to enjoy.  In fulfilling this overriding responsibility the Board should discharge its duties in a financially conservative manner.  In my first term on the CHHOA Board I said I was interested in obtaining value for our residents -- for example by using competitive bids for major financial expenditures .  Fiscal conservatism also requires that the Board ensure that reserves are always at least adequately funded as a percentage of expected future expenditures.  Our community should never be faced by a special assessment or a "tax" (assessment) on the sale of homes because reserves fell short.  When it comes to matters of finance, it is not the Board's job to be popular, necessarily.  The Board has a duty to be a good steward.  This includes avoiding encumbering the association with debt to finance discretionary projects.

Adequate communication is essential.  Again, given the state of online alternatives today, this is not hard or costly to achieve.  The community should communicate frequently with its residents through a menu of online options that are easy to navigate and which allow two-way communication.  Every year, six months after the annual meeting, the Board meeting should be held on a Saturday afternoon to better facilitate an exchange of views between residents and the Board.  Where substantial discretionary expenditure is contemplated, the Board should ascertain that a majority of residents support the project.

The Board should set policy and give direction and oversight but it is not the Board's job to manage the minutiae of the community's affairs.  We have a well-paid professional management company who has that responsibility as their "day job", and who are far more experienced in community management than the Board ever will be.    The board should remain in touch with its community, but it should not buy a dog and bark itself.

Maintenance of the quality of life and security of our community should be the primary concern of the Board consistent with conservative and sensible financial and operating practices.  This does not strike me as being that hard to grasp, but apparently it is for some.

In closing, I believe that Board members should limit their service to a maximum of two full terms.  If members are unable to physically attend meetings for an uninterrupted period of, say, four to five months, they should resign their position.  They should also avoid possible conflicts of interest that might arise by serving on the Board of the master association while also serving on the CHHOA Board.  Additionally, those residents whose professions or livings could place them in a conflict of interest situation should avoid offering themselves for service.  Finally, although it is countenanced by our bye-laws, Board members should physically reside in the community, i.e., ownership of a rental property should not qualify one for Board membership.

Update on how our Board vacancies will be filled

Terrie Bulkin has posted an informative note on the issue impacting how our Board vacancies will be filled in or Google discussion group.  You may join the group by entering your e-mail address in the box to the right >>>>>>

Blog update notes

Some quick blog update notes:

1.  I have enabled anonymous comment profiling as I think having to use a profile has confused or put off commenting.  When you are prompted for a profile if you submit a comment, just click “anonymous” in the options.

2.  You will see a small envelope with an arrow at the bottom of each blog post.  Clicking on this enables you to e-mail that post to a friend or friends. 

How will our Board vacancies be filled?

This is interesting. I am beginning to believe that the Board vacancies caused by the removal of Messrs. Fuchs and Jurrow should have been filled by an election held at the same time. And, that because the two Board members were removed, the remaining Board members are not empowered to appoint successors. Are we ready for an election? Looks like we need one. Comments? Or discuss this in our discussion group.

Our discussion forum on Google Groups.

In the information bar to the right of this post you will see a place for you to enter your e-mail address to join our open discussion forum.  Any Cimarron Hills resident may join the forum and I encourage all to do so.

The forum is a great place for us all to share our opinions and offer suggestions to our Board and management company representatives – if they join, which I will encourage them to do.

In any event, please join and share.  All Cimarron Hills topics welcome.  You might just be looking for a tennis partner, for example, but please feel free to use the forum.

Eldon

I’m sure you’re all familiar with our gate guard Eldon.  I sometimes observe Eldon at the gate for what seems like a 24 hour shift.  You may also have noticed that he hasn’t been around too much lately.  Anyway, one of the other guars told me Eldon is due to have heart surgery soon.  So, if you see Eldon at the gate, why not go through the visitor side and wish him well?

Party! Party! Party?????????????????

The irony of the fact that our first HOA dues bill that reflects the recent increase was accompanied by information regarding yet another party to by hosted by our HOA (at our expense, it’s your money) was not lost on me.  A little bird tells me that this is the pet project of Board member Ron Friedman.

Perhaps I am an anti-social curmudgeon, but am I the only person that seriously questions whether it is the role of our HOA to provide food and entertainment?  I don’t remember seeing that in the bye-laws, if I recall correctly.  Let alone providing food and entertainment for some of our residents (those who choose to attend) at the expense of all.

Once again I am forced to observe that the spending of OPM (other peoples’ money) is very easy.

To be sure, no-one could object to a gathering for which tickets are sold in advance that cover the cost of the food catered, and I am sure that such a thing could be accomplished at reasonable cost.  And, at least those in attendance at such a gathering would have a choice over whether they chose to participate and spend the money.

Party on…………………?

THANK YOU!

Last night, Bill Fuchs and George Jurow were removed from the Board of Cimarron Hills Homeowners Association. While, as I have said, I wish it had not had to come to this, I want to thank all who voted for a change in our Board. It now behooves us all to move forward swiftly to establish a culture of fiscal responsibility, value and common sense in the governance of OUR homeowners' association.

Another update on our flawed ballot

At the weekend I received a call from a neighbor who lives around the corner. She had not received her ballot for the Jan 6th vote, so I printed a ballot and an envelope and took it to her. She told me that she had signed the original removal petition and asked if those who had signed the original removal petition were the ones not receiving ballots.
It's a good question isn't it? One thing is certain, the mail-in ballot for January 6th has been absolutely corrupted.

MMR Board elections

I, like you, probably received a Board election package for McDowelll Mountain Ranch HOA in the past few days.
Please consider voting for Jay Leopold and Barry Werbelow, who I know to be fiscally conservative.
I would question a vote for Margaret Nemo and Rosalyn Ortega. I believe resident realtors have too much of an inherent conflict due to their profession to serve effectively and without bias. Doesn't mean they are bad people, just not the best Board candidates.