Keys Breeze June 2019

JUNE 2019

Tahoe Key s P r oper t y O wne r s A s s oc ia t ion

TKM&YC BOAT LAUNCHING AND RETRIEVAL RIGHTS RESTORED FOR TKPOA PROPERTY OWNERS PG. 26

SUMMER 2019 WEED HARVESTING PROGRAM PG. 10 DO I HAVE WHAT IT TAKES TO BE A TKPOA BOARD DIRECTOR? PG. 12

356 Ala Wai Boulevard South Lake Tahoe, CA 96150

Tahoe Keys Property Owners Association

PRSRT STD U.S. POSTAGE PAID RENO, NV PERMIT NO. 200

Tahoe Keys Specialists Working in Concert Together

ADELE LUCAS CHRIS HERNANDEZ BROOKE HERNANDEZ 530.545.0888 | 866.541.2200 530.318.6946 | 775.588.6130 530.314.9766 | 775.588.6130 AdeleLucas.com RealTahoeEstates.com RealTahoeEstates.com CA# 00838770 NV# 0029180

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455 Lido | $1,050,000

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2181 Balboa | $1,825,000

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357 Ala Wai Blvd #194 | $539,000

CA# 01477359 NV# 145419

CA# 01477800 NV# S.0071297

SOLD

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1928 Kokanee | $1,100,000

NOTE: ALL MEETINGS WILL BE HELD AT THE SOLD TKPOA PAVILION, 356 ALA WAI BLVD., SOUTH LAKE TAHOE UNLESS OTHERWISE NOTED.

625 Alpine Drive | $ 1,240,000

SOLD

SOLD

SOLD

5 Lighthouse Shores | $2,127,500

585 Alpine | $873,000

SOLD

1882 Cascade Ct | $1,000,000

1978 Garmish | $1,030,000

439 Ala Wai #143 | $505,500

SOLD

SOLD

1661 Venice Dr | $1,045,000

336 Tahoe Keys Blvd #272 | $655,000

2018 #1 in sales for Tahoe Keys Keys Breeze

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Make us your choice.

president’s letter

S President's Letter

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Sports Performance Training

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Lighthouse Shores- Rules

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Summer 2019 Weed Harvesting Program

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TKPOA Director- Do You Have What it Takes? 12 Board Actions Summary

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Where in the Universe

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Special Assessment- Status Update

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Accounting Report

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Trans Tahoe Relay

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TKPOA Homeowners Picnic

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TKPOA - TKM&YC Status Update

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ummer is here in beautiful Tahoe Keys. With the substantial winter snow and spring rains, Lake Tahoe and the Tahoe Keys lagoons will remain full and the boating season will extend well into the fall.

We are blessed with the beauty of the Tahoe scenery and live in the most beautiful community on the Lake.

We face daunting tasks regarding lagoon water weed control and monitoring of ground water contamination of tetrachloroethylene (PCE), also known as perchloroethylene or PERC that could pose a threat to our drinking water supply. Fortunately, we have a very active Tahoe Keys Water Quality Committee working with regulatory "WE ARE BLESSED agencies and others to resolve both issues.

Over the past few years the Committee has WITH THE BEAUTY OF made substantial progress on the aquatic weed and PCE contamination issues. The THE TAHOE SCENERY success of the Water Quality Committee is due in part by cooperating with regulatory AND LIVE IN THE MOST agencies like the Tahoe Regional Planning BEAUTIFUL COMMUNITY Agency.

The following is my opinion and does ON THE LAKE" not necessarily represent the opinion of the six other members of the Board of Directors. How do I suggest we deal with regulatory agencies like TRPA? Let's begin with cooperation but not give away our rights. As an example, the TRPA’s adopted Shoreline Plan will impact all moorings on Lake Tahoe including Tahoe Keys boat slips.

TRPA excluded Tahoe Keys representatives from several 'stake holders' meetings during the development of the Shoreline Plan. TRPA’s Executive

CONTINUED ON PAGE 4 The Keys Breeze Magazine IS THE OFFICIAL PUBLICATION OF THE TAHOE KEYS PROPERTY OWNERS ASSOCIATION PUBLISHING DISCLOSURE NOTICE The Keys Breeze is the official monthly publication of the Tahoe Keys Property Owners Association (TKPOA), which is located at 356 Ala Wai Blvd., South Lake Tahoe, CA 96150. Each membership parcel receives one subscription to the Breeze mailed to a domestic address.

Cost to produce and distribute this publication is offset by advertising revenues and budgeted funds. The inclusion of advertising in this publication does not constitute an endorsement or recommendation by the Tahoe Keys Property Owners Association or its Board of Directors of the projects, services or views contained therein.

FOR ADVERTISING OPPORTUNITIES please contact Kathy Hess-Slocum at Just Imagine Marketing and Design at (775) 846-5656, kathy@justimaginemktg.com.

COVER PHOTO: R. Ferre Printed on recycled paper with soy-based inks.

ADMINISTRATIVE OFFICE HOURS

8:30 a.m. to 4:30 p.m. Daily

Kirk J. Wooldridge

General Manager, Ext. 224

Heather Houston

Operations Manager, Ext. 228

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Administrative Assistant, Ext. 223

Don Havard

356 Ala Wai Boulevard South Lake Tahoe, CA 96150 (530) 542-6444 p (530) 541-2521 f tkpoa.com

TAHOE KEYS PROPERTY OWNERS ASSOCIATION

Jo Ann Wilson

Dave Peterson

Water Company and Water Quality Manager (530) 542-6451

Accounting Manager, Ext. 227

Front Desk Attendant Dial 0

Linda Callahan

2018–2019 BOARD OF DIRECTORS

Architectural Control Dept.

Manager, Ext. 239

Tom Callahan

Facilities Manager, Ext. 226 Project Coordinator/ Property Manager, Ext. 241

Bill Spicer

Pool Supervisor (530) 545-4124

Security (530) 545-0847

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Robert Meyers, VICE PRESIDENT Jim Siegfried, TREASURER Sean Ward, SECRETARY

James Brooks

JUNE 2019

John Gonzales, PRESIDENT

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Dennis Daniel, DIRECTOR Rick Wood, DIRECTOR Joe Sherry, DIRECTOR

CONTINUATION

Director stated that TRPA staff wanted to spare the Tahoe Keys the arduous negotiations with the organizations that use boat buoys on the Lake versus the boat slips of Tahoe Keys. Representatives from TRPA have presented the Shoreline Plan to the Keys Community on several occasions at open forums and regular Board meetings. Perhaps TRPA staff could have included Tahoe Keys representatives at all Shoreline Plan meetings, however the plan has now been adopted. TRPA staff met with our Board to discuss coordination of the Plan with the Tahoe Keys. Initially, TRPA suggested that Tahoe Keys provide testimony in favor of the Plan and consider collecting fees on behalf of the Agency. Our Board directed the General Manager to attend the TRPA Board meeting and present a neutral position regarding the Shoreline Plan. The TKPOA Board also made it clear that we would not become a collection agency. Why? The Tahoe Keys needs the cooperation of TRPA to succeed in our quest for a permanent and cost effective solution to aquatic weed control in the Keys lagoons. To present a position in opposition to the Shoreline Plan could jeopardize that cooperation and incur legal expenses to fight the Plan. To approve the Plan would be counter to the opinion and concerns expressed by our Community, therefore, a neutral position seemed the best approach. To collect fees from Tahoe Keys property owners for TRPA would be cumbersome and not in the best interest of our Community. We are not a collection arm for any government agency. If TRPA wants to collect fees, they can be their own collection agency.

Respectfully, John Gonzales, TKPOA Board President

TKPOA 2019 MEETING CALENDAR JUNE 2019

10 ACC Meeting 9:00 am 15 Board of Directors Executive Session 8:00 am 15 Board of Directors Regular Meeting 2:00 pm 18 Finance Committee Meeting 10:00 am 24 ACC Meeting 9:00 am 27 Town Hall Forum - TBD 6:00 pm TBD Water Quality Committee Meeting TBD TBD Waterways Usage Committee TBD

JULY 2019

8 ACC Meeting 9:00 am 20 Board of Directors Executive Session 8:00 am 20 Board of Directors Regular Meeting 2:00 pm 22 ACC Meeting 9:00 am 23 Finance Committee Meeting 10:00 am 25 Town Hall Forum - TBD TBD TBD Water Quality Committee Meeting TBD TBD Waterways Usage Committee TBD All meetings will be held at the TKPOA Pavilion, 356 Ala Wai Blvd, South Lake Tahoe unless otherwise noted.

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Barton Center for Orthopedics & Wellness

CAST TO CAST OFF

Orthopedics · Rehabilitation · Performance · Wellness

YOU, ONLY BETTER.

FROM

Multi-Specialty Orthopedics Sports Medicine Spine Services Regenerative Medicine Occupational Therapy Physical Rehabilitation

530.539.6600 BartonOrthopedicsAndWellness.com

In partnership with Tahoe Orthopedics & Sports Medicine physicians Keys Breeze

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SPORTS PERFORMANCE

TRAINING AND THE STUDENT AT H L E T E

By Nick Ward, Sports Performance Director at Barton

The growing popularity of sports performance training young athletes has never been stronger. This is leading to parents and coaches seeking professional training and education for their child. For those that are active there is a danger that this is leading to too much competitive game time and insufficient preparation time too many young athletes are finding the unfortunate prevalence of injuries.

Student athletes tend to over-train in one sport, instead of taking a multi-disciplinary approach for the entire body. There is also a concern with early specialization (i.e. one sport per school quarter, semester or trimester) and insufficient athletic development.

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A solution to preventing student athlete injuries recommended at the Barton Center for Orthopedics & Wellness is a well-thought athletic development program that integrates training with coaches and is supported by family members. This program would recognize the multi-faceted possibilities in the younger athlete with a focus on coordination, strength, speed and endurance development. Moreover, the program, integrated with parents, school and coach will bring a holistic approach to student athlete development, incorporating a “Train Well, Eat Well, Restore Well� philosophy.

In a nutshell, Barton Performance works to engage and support young athletes in the community, providing education and supervision of training sessions along with an individualized program to help student athletes improve their performance while minimizing risk of injury:

z Individualized performance training at the Barton

Center for Orthopedics & Wellness designed to develop awareness of the body and build strength, speed and endurance.

z The new student athlete program through Barton

Performance, and this summer’s athletic development camp support young athletes in their sport and help them avoid injury.

z Barton Performance has been working with local

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high schools to coordinate training needs for athletic teams.

z Barton Performance, along with Kristi Jouett, has

developed an athletic development program integrated with physical education at Lake Tahoe Environmental Science Magnet School.

z Supervised training sessions for home-schooled

students are now available.

Barton Performance is here to support lifelong activity of our entire community. This encompasses igniting the spark for the love of movement in young children, to supporting a budding athlete or successful collegiate star. Working with other programs in South Lake Tahoe, we support local sports by bringing together medical expertise, expert training techniques used with Olympic athletes, and restoration and nutrition opportunities available at the Barton Center for Orthopedics & Wellness, a U.S. Ski & Snowboard Certified Center of Excellence.

Ready to explore opportunities for you or your student athlete this summer and beyond? Call 530.600.1976 to learn more and schedule an assessment, or visit BartonPerformance.com for more information.

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LIGHTHOUSE SHORES

Pedestrian Gate & Beach Access

By Heather Houston, Operations Manager

W

e would like to remind all TKPOA Property Owners of the rules associated with the use of the pedestrian gate at Lighthouse Shores (LHS) Lot C and Lot A. Through recent Tahoe Keys Property Owners Association (TKPOA) Security Patrols and reviewed Security Camera footage, there have been violations of the Superior Court Case SV-92-0066 Judgement by TKPOA Property Owners and their guests in violation of the following: • Bringing dogs into LHS on or off leash • Allowing Guests or Vacation Renters to use their TKPOA Member Photo ID card for access to LHS Lot C without the immediate presence of the TKPOA Member • Trespassing on the adjacent LHS Properties NO DOGS No Dogs or other pets allowed in LHS. Please remember dogs must be on leashes throughout the TKPOA per El Dorado County Ordinance Title 6 – Animals, Chapter 6.04. General Provisions, Section 9.46.600. For the safety of your dog, TKPOA members and their guests please keep your dog on a leash. Dogs are welcome on their leash at the Pavilion Beach area.

NO TRESPASSING When entering through the LHS pedestrian gate, you are on Lot C which is a narrow lot with Pope Marsh on the left and private residences on the right. TKPOA does not own the properties to the right of Lot C. This is private property and the No Trespassing law per California Penal Code 602PC applies. The City of South Lake Tahoe Police Department will be called for trespassing on these properties. The TKPOA has clearly marked the property lines on the right of the lot. The left side of the

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lot has a chain link fence all the way down to the beach on the Pope Marsh side.

Lot C can be used to access Pope Marsh on the left, however access to the beach on the right is prohibited as this is private property and to do so is considered trespassing (CA 602PC). Access to the right is also a dead end at the West Channel Bulkhead. During Lake Tahoe high water events there is typically no Public Trust beach access. To access Lot A at the end of the LHS roadway at the West Channel Bulkhead, you should walk down the LHS paved roadway.

Pursuant to the Superior Court Case SV-92-0066 Judgement the TKPOA is responsible for the maintenance and security obligations in enforcing this judgement, and at this time the enforcement of these violations including trespassing violations on the adjacent LHS property will be pursued. Based on TKPOA Security Patrols and pedestrian gate Member Card reader identification system, the TKPOA has issued warning notices and in some cases, fines, to those members in violation of the LHS Gate Access as specified in the Superior Court Case Judgement. The TKPOA Board of Directors will continue to utilize the Member Discipline process in accordance with Civil Code Section 5855 and TKPOA Bylaws Article VI, Membership Rights Section 5, Article IX, Duties and Powers of the Board Section 1(r), and TKPOA Declaration of Covenants, Conditions and Restrictions (CC&R’s) Article XII, Breach or Default, Section 6 (a-f), to enforce this Superior Court Case SV-92-0066 Judgement, related governing documents, and rules.

The LHS pedestrian and vehicle gates are under continuous surveillance and all TKPOA Member Photo ID Card access is recorded so it is easy to track any violations.

Once the violations are identified with the responsible

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Property Owners through the Member Discipline Hearing process, TKPOA Property Owners could face their individual and property Member Photo ID card access privileges suspended, Member Photo ID Cards confiscated, and potential fines.

The TKPOA is requesting that all property owners please respect these rules so that we can all continue to enjoy this privilege of accessing Lot C and Lot A. Continued

violations and flagrant abuse of these rules could result in legal claims against the TKPOA and potential gate closures.

For additional questions please contact the TKPOA Front Desk at 530-542-6444, Monday through Sunday 8:30AM-4:30PM. Additional information is also available on the TKPOA Website www.tkpoa.com, or contact TKPOA Security at 530-545-0847.

The rules are straightforward. TKPOA Members should observe the following provisions pursuant to Superior Court Case SV-92-0066: TKPOA Members with a valid TKPOA Member Photo ID card and guests in the immediate presence of their sponsoring member will be permitted access. Access is only permitted to TKPOA property owners using their photo Member Access card issued by TKPOA. This card is not transferrable; it is not to be loaned or used by anyone other than the property owner to whom it is issued. If you have lost your card or wish to have another one issued, please visit the Pavilion office.

There are no dogs or bicycles allowed, no exceptions. This is clearly posted on the gate and there are bike racks inside the gate.

Access through this gate is allowed from 7:00AM-9:00PM except during the summer, during which time the hours will be extend to 10:00PM.

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SUMMER 2019

Weed Harvesting Program

By Greg Hoover, AIS Management Coordinator

T

he 2019 harvesting season is right around the corner and I wanted to give everyone a brief overview of how harvesting operations will be conducted and what the upcoming projects will be occurring throughout the season.

As the Water Quality Manager and Aquatic Invasive Species (AIS) Management Coordinator for the TKPOA, I will be overseeing all of the harvesting and fragment control operations, spill response and the AIS Program based the direction from the TKPOA Board of Directors and Water Quality Committee.

Our harvesting schedule will be similar to last year. The West Channel will be harvested on a 20 day (19 harvesting days and one maintenance day) rotation and the East Channel / Lake Tallac Lagoon will be harvested on a 25 day (13 days East Channel / 11 days in Lake Tallac Lagoon followed by a maintenance day in between) rotation. This year the Association only has three harvesters compared to five in years past. Our focus will be on the navigation lanes first, then with time permitting we will operate in and around the docks and slips.

Harvesting operations will begin June 17th this year. We will be operating with a limited staff until after the July 4th holiday. The reason for this is the high, cold water will stunt the growth of the plants and we are expecting the peak growing season to be later in the summer season. Our intentions are to start the harvesting operations later but we will harvest until the end of October.

At the beginning of last season, the Board of Directors and the Water Quality Committee’s intent was to reduce the amount of weed fragments within our lagoons and waterways.

The TKPOA has purchased and installed a Bubble Curtain in the West Channel between the Tahoe Keys lagoons and Lake Tahoe. The Bubble Curtain consists of multiple hoses that are submerged at the bottom of the waterway and are fed by an air compressor on the shore to push bubbles in a sheet, throughout the water column, to the surface. It was installed in a “V” formation to drive submerged plant fragments to the water’s surface, and then to the edges of the channel to ease collection and removal. An additional benefit of the bubble curtain is that it will trap the stray fragments without impeding boating activity. This technology is being used in other locations around the world (including places with currents, tides and swells) to prevent debris from moving through an area—this is the first time this technology has been used to prevent the spread of aquatic invasive plants.

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Currently, we are in the process of better facilitating the fragment control at the West Channel and improving on the systems that we have in place. We have installed bottom barriers under the bubble curtain lines to ensure that plant growth does not interfere with its design. The Association has also purchased two Sea Bins that will be placed on either end of the bubble curtain to capture and remove fragments as they are corralled.

These Sea Bins will be placed in the West Channel at the beginning of June.

The Association, with funding support from the League to Save Lake Tahoe, is conducting a three year project called the Laminar Flow Aeration (LFA). LFA is a technology used for improving water quality where there is consistently low dissolved oxygen and buildup of fine organic sediment.

The technology uses microporous ceramic disks that are placed throughout the area to be aerated. These disks are connected by self-sinking hoses connected to an air compressor. Air is then pumped through the system creating an abundance of bubbles that rise and create laminar flow, providing oxygenation to the bottom of the water column where dissolved oxygen is typically the lowest. This project is taking place in the waterway between Christie Drive and Lucerne Way. We will also have many different projects this year that will support our overall AIS Integrated Management Plan. These projects will include: conducting hydro-acoustic mapping of our lagoons on a two week basis, monthly water data collection, algae monitoring, annual plant survey at the beginning of July, bottom barriers and weekly monitoring of the boat backup station. All of our past, current and future project information along with our latest updates can be found at www.keysweedsmanagement.org. I will update the members as the season goes on or if there are any changes to our AIS Program.

Our plan is to post the harvesting schedule every other Friday, which will be for the following two weeks. We will post this schedule via the TKPOA website www.tkpoa.com and TKPOA Staff will also send out an email blast that includes those TKPOA members that have submitted valid email addresses.

If you have any questions about the harvesting schedule or our

All of the harvesting and maintenance tasks will take place during our summer season (June – October), Monday through Friday from approximately 7:30AM to 4:30 PM. We will conduct fragment control operations seven days a week with our Omni-Cat skimmer boat.

AIS Program, contact the main office for information at (530) 542-6444 or by email at GHoover@tahoekeyspoa.org.

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Do I have what it takes to be a

TKPOA DIRECTOR?

By Kirk Wooldridge – TKPOA General Manager

IN

accordance with the Bylaws of the Tahoe Keys Property Owners Association (TKPOA), the 56th, Annual Meeting will be held on Sunday September 1st, 2019 at 9:00 AM at the TKPOA Pavilion, in South Lake Tahoe. The TKPOA Board of Directors for the 2019-2020 Fiscal Year will be seated at the meeting. The TKPOA is always looking for Association Director Candidates to run for election.

To be an effective homeowners association the TKPOA needs a strong Board of Directors that understands its role and pursues it with passion and a concise mission in mind. Do you have what it takes to be a TKPOA Association Director?

Members of the TKPOA Board of Directors serve without compensation: They are Volunteers. They are Members in good standing which means an Association Member in good standing whose rights have not been suspended by the Board for the failure of a person to comply with Association rules, the Bylaws or the CC&Rs, including, but not limited to, the failure to pay delinquent Association general and special assessments or fines.

To form an effective TKPOA Board, Directors must have a clear understanding of the strengths and weak-

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nesses of this Association, its history and what is to be accomplished. The TKPOA Board of Directors is responsible for its assets as well as its operation in accordance with standards established by state and federal law, local ordinances, and the governing documents upon which its was created on November 20th, 1963.

In general terms the TKPOA as a functioning homeowners association is the cornerstone of this planned residential community. It brings continuity and order to the community, it preserves the architectural integrity (Architectural Control Committee (ACC)) and it maintains the common elements (including the various amenities). Properly run, this Association promotes the concept of “community” and protects the neighborhood's property values. The TKPOA collectively makes available recreational amenities and other facilities that might not otherwise be affordable or available to homeowners and residents on an individual basis by operating as a homeowner’s association. Along with property ownership comes membership in the TKPOA Association that requires financial responsibilities, individual property maintenance obligations, and a commitment to abide by the Governing Documents which include the Bylaws, Covenants and Restrictions, Association and ACC Rules.

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The Board of Directors The Association has responsibilities for its common elements as well as the management and operation of the Association's business affairs all in accordance with standards established by the Governing Documents. To the extent that an association (in our case a non-profit 501 (c) (4) corporation) has such authority and control, it is its Board of Directors that carries out these duties and responsibilities. The TKPOA’s responsibilities include on-going maintenance functions, upkeep of the common elements, and to provide and direct TKPOA Management and Staff. The TKPOA Board's authority includes all of the powers and duties enumerated in general law, as long as these powers are not inconsistent with the provisions of the Governing Documents of the Association. To be successful, the TKPOA Board of Directors must uniformly and fairly govern the community, and it must have a reasonable level of participation by each of its Members over time.

Responsibilities of Board Officers PRESIDENT The President shall be elected by the Board from among the directors. He or she shall be the Chief Executive Officer of the Association and shall, subject to the control of the Board, have general supervision, direction and control of the affairs and officers of the Association.

The President shall preside at all meetings of the Board, and shall have the general powers and duties of management usually vested in the office of the President of a corporation, together with such other powers and duties as may be prescribed by the Board or the Bylaws.

The President will execute contracts, orders and other documents in the name of the Association as its agent.

The President also assumes general charge of the dayto-day administration of the Association working with the TKPOA Management Staff and has the authority to order specific actions in furtherance of the Board's policies. The President serves as spokesperson for the Board of Directors in most matters relating to general Association business. Like all officers of the Association, the President has an affirmative duty to carry out the responsibilities of the office in the best interests of the Association. Unless otherwise specified in governing documents, the President serves at the will of the Board Keys Breeze

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of Directors and can be removed with or without cause at any time.

VICE PRESIDENT In the absence or disability of the President, the Vice-President shall perform all the duties of the President, and when so acting shall have all the powers of, and be subject to all the restrictions upon, the President. The Vice President has such other powers and performs such other duties as from time to time may be prescribed by the Board or the Bylaws.

SECRETARY The Secretary shall keep or cause to be kept at the principal office or such other place as the Board may order, a book or minutes of all meetings of directors and Members, with the time and place of holding same, whether regular or special, and if special, how authorized, the notice thereof given, the names of those present at directors’ meetings, the number of Members present in person or by proxy at Members’ meetings, and the proceedings thereof. The Secretary shall keep, or cause to be kept, appropriate current records showing the Members of the Association, together with their addresses. He or she shall give, or cause to be given, notice of all meetings of the Board required by the Bylaws or by law to be given and he shall keep the seal of the Association in safe custody, and shall perform such other duties as may be prescribed by the Board or by the Bylaws. The TKPOA Secretary Position works closely with TKPOA Staff Members assigned to assist TKPOA Board Secretary clerical responsibilities.

TREASURER The Chief Financial Officer, who shall be known as the Treasurer, shall keep and maintain, or cause to be kept and maintained, adequate and correct accounts of the properties and business transactions of the Association, including accounts of its assets, liabilities, receipts, disbursements, gains, losses, capital, retained earnings and other matters customarily included in financial statements. The books and records shall at all reasonable times be open to inspection by any directors or Member.

The Treasurer shall deposit, or cause to be deposited, all monies and other valuables in the name and to the credit of the Association with such depositaries as may be designated by the Board. He or she shall disburse, JUNE 2019

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or cause to be disbursed, the funds of the Association as may be ordered by the Board, shall render to the President and directors whenever they request it, an account of all of his/her transactions as Treasurer and of the financial condition of the Association, and shall have such other duties as may be prescribed by the Board or the Bylaws. If required by the Board, the Treasurer shall give the Association a bond in the amount requested, and with the surety or sureties specified, by the Board for faithful performance of the duties of his office and for restoration to the Association of all its books, papers, vouchers, money, and other property of every kind in his possession or under his control on his death, resignation, retirement, or removal from office. The TKPOA Treasurer works closely with and oversees the TKPOA Management Staff to insure that the financial records and reports are properly kept and maintained. The Treasurer is responsible for coordinating the development of the proposed annual budget and for preparing and giving the annual financial report on the financial status of the Association.

The TKPOA Board of Directors, Secretary, and Treasurer do not have to perform the day-to-day record keeping functions of the Association. This responsibility is transferred to TKPOA Management and Staff, but the Treasurer will ultimately be responsible for insuring that the financial records of the Association have been maintained properly in accordance with sound accounting practices.

Fiduciary Relationship and Responsibility The TKPOA Board of Directors and each officer of the Association have a fiduciary relationship with the Members of the Association. This fiduciary relationship imposes obligations of trust and confidence in favor of the corporation and its Members. It requires the Members of the Board to act in good faith and in the best interests of the Members of the Association. It means that Board Members must exercise due care and diligence when acting for the community, and it requires them to act within the scope of their authority.

The fact that the Association is a not-for-profit corporation, or that the Members of the Board are volunteers and unpaid, does not relieve them from the high standards of trust and responsibility that the fidu-

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ciary relationship requires. When a Member accepts a position on the Board of Directors, he or she is presumed to have knowledge of the duties and responsibilities of a Board Member. Board Members cannot be excused from improper action on the grounds of ignorance or inexperience and liability of Board Members for negligence and mismanagement exists in favor of the Association and the property owners.

Each Board Member must recognize the fiduciary relationship and the responsibilities that the Board has to the Association and each of its Members. The Board's duties must be performed with the care and responsibility that an ordinary prudent person would exercise under similar circumstances.

A TKPOA Board Member's Role: Acting through the Board as a whole, a Board Member should: z Be a Association Member in good standing z Establish sound fiscal policies and maintain accurate records z Develop a workable budget, keeping in mind the needs, requirements and expectations of the community z Establish, manage and administer Reserve Funds and Capital Projects z As a Board work closely with TKPOA Management and Staff z Act on budget items and determine Annual Assessment z Enforce the Governing Documents z Collect Assessments in accordance with the TKPOA Collection Policy z Establish, publicize, and enforce rules, fines and fee schedules z Authorize legal action against owners who do not comply with the Governing Documents z Review local laws before passing rules or sending Bylaws to membership for approval z Appoint committees and delegate authority to them z Select an attorney, an auditor, insurance agent and other professionals for the Association z Provide adequate insurance coverage, as required by the Bylaws and local governmental agencies

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z Inform Board Members of all business items that

require their vote z Inform Members of important Board decisions and transactions z See that the Association is protected for the acts of all parties with fiscal responsibilities z Attend and participate at Board of Directors Regular and Executive meetings z Attend Special Board of Directors Meetings as scheduled z Attend TKPOA Committee Meetings as a TKPOA Board Liaison Operating the TKPOA as a homeowner association carries with it many of the very same duties and responsibilities as overseeing any other business. Serving as a Board Member is a valuable and rewarding experience that should be undertaken by those who see it as an opportunity to serve their fellow neighbors while protecting and enhancing the assets of this community. It is serious business, but also a task worth doing well in order to safeguard the investments of all. As a TKPOA property owner, you will be receiving a letter from the TKPOA Nominating Committee inviting you to consider candidacy as a TKPOA Board Member……

Ask yourself…. Do I have what it takes to be a TKPOA Association Director?

I hope this helps explain roles and responsibility of the Officers of the Association, and the TKPOA Management and support staff that assists them while performing these roles. We invite your candidacy as an Association Director for the coming Fiscal Year 2019-2021 Two Year Term. The successful operation of our Association is dependent on a qualified and dedicated Board of Directors. The Board meets based on an agreed upon yearly schedule each month at the TKPOA Pavilion to conduct Association affairs and provide Members an opportunity to express their views and offer suggestions.

To receive additional information on Board candidacy please call 530-542-6444 Extension 223 or email Jo Ann Wilson at JWilson@tahoekeyspoa.org. If you are a “Member in Good Standing”, as defined in the TKPOA Bylaws Article VII and are interested in serving as a Director, you may nominate yourself as a candidate.

Candidates MUST be registered by no later than June 15th, 2019, 4:30 pm. Members in Good Standing who have registered by the deadline, will automatically become candidates and their statements and photographs will be included with the ballot mailed to all Members.

In accordance with the Bylaws of the Tahoe Keys Property Owners Association, the Annual Membership Meeting will be held on Sunday September 1st, 2019 at 9:00 AM at the Tahoe Keys Pavilion. Association Directors for the 2019-2021 terms will be seated at this meeting, and Board meeting dates scheduled. The Annual Election Voting period to turn in ballots by mail end Friday August 30th, 2019 at 4:30PM; ballots may be turned into the Inspector of Elections in person on Saturday August 31st, 2019 until 9:05AM. On Saturday August 31st, 2019 an Open Board Meeting will be held and the ballots will be counted by the Inspector of Elections. The Director Election Results will be announced and during this Board meeting the Directors may be seated.

NOTICE OF ANNUAL MEETING In accordance with the Bylaws and the adopted Election and Voting Rules of the Tahoe Keys Property Owners Association, the 56th Annual Membership Meeting will be held on Sunday September 1st, 2019 at 9:00AM in the TKPOA Pavilion located at 356 Ala Wai Boulevard, South Lake Tahoe, CA 96150.

The purpose of the meeting is to hear reports on the state of the Association and to introduce the newly-elected Association Directors for the 2019-2021 terms.

The meeting will be convened promptly at the time noticed above. We hope all members will attend the meeting.

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2019

BOARD ACTIONS SUMMARY

MAY 11TH – EXECUTIVE SESSION / BOARD OF DIRECTORS MEETING

By Jo Ann Wilson, Administrative Assistant

EXECUTIVE SESSION: BOARD ACTIONS z z z z z z z z

z z

z

Reviewed 2 personnel matters Reviewed 4 dispute and disciplinary matters Reviewed 14 legal matters Reviewed 9 contracts Approved membership suspension for 2 Delinquent Accounts Approved Simon Environmental Planning proposal for the East Channel Bulkhead replacement project not to exceed a contract amount of $6,200 to be funded by the Reserve Account Approved Simon Environmental Planning project for Cove 3A Bulkhead Permitting, not to exceed a contract amount of $7,300 to be funded by the Cove 3A Bulkhead Reserve Account Approved the contract for Hughes Reserves and Asset Management to perform a Level II Reserve Review for $5,700 to be expensed to the TKPOA and Townhome Coves, and Subdivision Coves with Reserve Funds at $300 per Cove or Reserve Account Approved the Access Agreement for the Collection of Water and Sediment Quality - TRC Solutions. To be funded

by TRPA Approved the Contract with EMKO-Environmental Services, Inc. for PCE Litigation Case Professional and Technical Services for a cost not to exceed $11,600 for April 2019 to December 2019 to be expensed to Water Company Professional Services Operating Account Approved the Blue Shield Gold PPO, Blue Shield Silver PPO, and Guardian Dental and Vision insurance plans for the renewal term July 1st, 2019- June 30th, 2020 and to continue covering 100% of employee premiums under the Silver PPO with an optional Gold PPO employee "buy up"

BOARD OF DIRECTORS MEETING: BOARD ACTIONS

z Approved the March 2019 Financial Statements z Approved Contract for Bulkhead Monitoring for Bavarian Isle, St. Moritz and TKPOA Properties – Noble Consultants – G.E.C. for "One Round" of Bulkhead Monitoring for the Bavarian Isle Subdivision and St. Moritz Isle Subdivision as a one-time Special Assessment to be billed with the Third Quarter Annual Assessment, at the cost of $18.44 per property z Approved the Cove 3A Special Assessment Vote for Bulkhead Replacement Project z Approved the Cove 3A Special Assessment Letter and Voting Ballot to be mailed May 14th, 2019 z Approved to appoint Pat Disney as inspector of elections for the Cove 3A Special Assessment Voting Ballot for July 20th, 2019 Regular Board of Directors meeting z Approved the Extension of Pinestone III Special Assessment Voting Period until June 15th, 2019 – Regular Board of Directors meeting

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WHERE IN THE universe IS KEYS BREEZE? Attention all TKPOA Homeowners Submit your photo and win!

S

how us where you read the Keys Breeze. Winners will be chosen and given a $20 gift certificate to Chicken in a Barrel.

All images must be submitted electronically. JPEG files are the preferred format and the size needs to be no less than 1 MB. By submitting your photo, you are giving us permission to reprint in Keys Breeze. Please email submissions to Heather Houston at HHouston@tahoekeyspoa.org.

Thank you!

John Gonzales in Cancun, Mexico

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JUNE 2019

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Notice Change QUALITY in Association Rules ASSESSMENT 2017 ofWATER SPECIAL

Status Update TEXT OF PROPOSED CHANGES

By Kirk Wooldridge, General Manager and Andy Kopania – Water Quality Committee Chairperson

With the completion of the 2018 Fiscal Year and the 2018 Annual Audit, it is time to report on the final status of the 2017 Water Quality Special Assessment. In an April 2018 Keys Breeze article it was reported that there was a Water Quality Special Assessment Fund balance of $208,574 as of the Fiscal Year End December 31st, 2017.

In 2017 the Tahoe Keys Property Owners Association (TKPOA) received a positive majority vote on RESOLUTION TKPOA #2017-001 for the “Authorization to Pursue Regulatory Approvals for the Use of Aquatic Herbicides to Control Aquatic Invasive Weeds in the Tahoe Keys Lagoons, and the Water Quality Special Assessment”. This positive vote authorized the Board of Directors to approve a Special Assessment of not more than $1,600 per properly to fund the actions necessary to obtain regulatory approvals for the use aquatic herbicides. This positive vote allowed the Board of Directors to collect and bill for the “First Payment of the Special Assessment” of $400 in June 2017. This “First Payment” generated $611,600 in funding for this project.

This remaining Special Assessment Fund balance of $208,574 or “Carry Over” funds, allowed the Water Quality Committee (WQC) to utilize as reported for the planning and activities related to the pursuit of the Small-Scale Herbicide Test permit as required. The Board of Directors and WQC approved contracts with Sierra Ecosystem Associates (SEA), Freshtracks and Dr. Lars Anderson which would exhaust these remaining funds during the 2018 fiscal year.

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As previously reported in the May 2018 Keys Breeze, the Tahoe Regional Planning Agency (TRPA) has secured up to $1 million in federal funding to the cover the cost of detailed environmental review and stakeholder facilitation of the TKPOA’s application to test herbicides to eradicate the aquatic weeds in our waterways. This application is called the Tahoe Keys Lagoon Restoration Project – Application for Approval to Reduce Aquatic Invasive and Nuisance Plant Species”. This environmental review will include: an Environmental Impact Statement (EIS) for National TRPA environmental program compliance and an Environmental Impact Report (EIR) for California Environmental Quality Act (CEQA) compliance, which are required for any actions that are taken by the government or that receive governmental funding. Since our proposed project requires approvals under both TRPA environmental standards and CEQA, a joint EIS/ EIR, respectively, is prepared by the TRPA and Lahontan Regional Water Quality Control Board (LRWQCB).

The approved contracts with SEA, Freshtracks, and Dr. Lars Anderson contributed to the enhancement of the technical components of our application, expanded the approach to include full-scale herbicide application

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throughout the lagoons, and provide close coordination with TRPA and other agencies to potentially expedite and focus the permitting process. Throughout the 2018 fiscal year adjustments had to be made in the scope of work and contracts for these Consultants and Contractors to meet the needs of the application process.

With the start of the TRPA stakeholder facilitation and environmental review process their roles have changed as well, compounded by new timelines and tasks that required more work than anticipated. With that said, the final reconciliation has now been performed and as shown below all of the funds from the first payment of the Special Assessment have been utilized during the 2017-2019 fiscal years.

Consistent with the ballot language for the 2017 Water Quality Special Assessment, the “Second Payment� would not be billed until TKPOA receives approval from the regulatory agencies to commence with the herbicide testing. However based on the environmental review and stakeholder facilitation process the previously submitted application and related timelines are evolving. The WQC may need to reevaluate the 2017

Water Quality Special Assessment program based on required changes from the environmental review process to change the Special Assessment payment timing and definition. The WQC will continue to monitor this process to balance the funding required, from Water Quality Operation funds, Reserve funds, Grant funds, future Special Assessments, TRPA funding, and the 2020 Budget.

The status of the Water Quality Budget is reported on each month as part of the Water Quality Financial Statements for the TKPOA and these statements are posted on the TKPOA website at www.tkpoa.com.

These Financial Statements are discussed, reviewed and approved each month at the Finance Committee Meeting, and Board of Directors Regular Meeting and both meetings are open to Property Owners.

Additional important information concerning this Special Assessment, further Water Quality Special Assessment payments and related projects, including the prior Keys Breeze articles can be found on the TKPOA website, www.tkpoa.com and www.keysweedsmanagement.org.

WAT E R QUAL IT Y S PE C I A L A S S E S S M E N T 2 0 1 7 - 2 0 1 9 "F IRS T PA YM E N T T R A C K I N G " Item/Activity

item/activity

Invoice iNVOICE

Balance 12/31/2017

Cost COST

INVOICES INVOICES FRESH TRACKS SEA BUDGET BUDGET $49,456.62 $146,665.99 $146,665.99 $49,456.62

RECONCILED TOTAL $208,574.41 $208,574.41

$208,574.41

SEA 2017 Approved Add'l Scope Work

2392

33,636.00

33,636.00

SEA Contract Jan '18

2393

14,628.79

14,628.79

SEA Contract March '18

2408

13,425.20

13,425.20

Fresh Tracks Feb '18

1

1,822.50

1,822.50

Fresh Tracks March '18

2

2,940.00

2,940.00

32018

2,011.80

Fresh Tracks Communications & PR

Contract

44,694.12

Dr Lars Anderson Contract Apr '18 - Jan '19

Contract

10,440.00

SEA Contract Apr '18 - Jan '19

Contract

84,976.00

Dr Lars Anderson Contract Jan '18 - Mar '18

SEA Final Invoice - Jan -19

INVOICES DLA BUDGET $12,451.80 $12,451.80

2567A

2,011.80 23,339.25 7,391.20 106,478.96

-

3,173.71

Subtotal

$208,574.41 $171,069.66

$28,101.75

$9,403.00 $208,574.41

Variance

($208,574.41)

($21,354.87)

($3,048.80)

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$24,403.67

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19

-

EMPLOYEE OF THE QUARTER Key Performer Award

By Heather Houston, Operations Manager On behalf of the TKPOA Board of Directors, Management, Staff, and Members, I would like to congratulate Security Officer Doug Koleen for receiving the inaugural TKPOA Employee of the Quarter Key Performer Award for the 1st Quarter 2019.

The TKPOA Employee of the Quarter Key Performer Award is a Peer Recognition Program that acknowledges those employees that routinely go above and beyond to meet the needs of the Association, their Department, and position assignment. Employees are nominated by their co-workers based on key eligibility criteria that includes reviewing specific accomplishments the nominated employee has achieved within the last year and their customer service skills and TKPOA expectations. TKPOA Management Staff selects the Employee of the Quarter based on the nominations after reviewing these key criteria requirements.

The TKPOA Board and Management Staff recognize the hard work and efforts of all TKPOA employees that allows the successful management of this unique community development and would like to congratulate all 2019’s 1st Quarter nominees: Jason Albery, Front Desk; Pam Morris, Front Desk; Vesper Rodriquez, Water Quality and Front Desk; and Ian Hernandez, Water Company.

Security Officer Doug Koleen

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Accounting

Report

By Don Havard, Accounting Manager

T

he Assessment Payment Schedule is located towards the back of every Keys Breeze. Assessments are due on a quarterly basis as indicated in the Assessment Payment Schedule. No other payment plans have been approved by the board, so please pay your assessment in full according to the schedule.

QUARTERLY ASSESSMENT

DUE ON:

DELINQUENT AFTER:

Mail payments to:

1st Quarter 2nd Quarter 3rd Quarter 4th Quarter

January 1st April 1st July 1st October 1st

January 30th April 30th July 30th October 30th

Tahoe Keys POA P.O. Box 1026 Roseville, CA 95678-8437

Quarterly statements are mailed out as a courtesy, however, assessment payments are due even if the statement is not delivered by your mail courier.

Meetings and Approvals

At the May 11th, 2019 TKPOA Board of Directors meeting, the Board approved the March 2019 Financial Statements, reviewed homeowner delinquent accounts, held 1 disciplinary hearing for delinquent accounts, and directed staff to suspend the membership rights of 1 homeowner along with sending this homeowners a notice of pending collection actions. Disciplinary hearings are generally held when a homeowner is delinquent on 2 quarterly assessments.

Financial Statements are posted on the TKPOA website once they are approved by the Board of Directors.

At the May 21st, 2019 Finance Committee meeting, Keys Breeze

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the April 2019 Financial Statements were reviewed and approved for recommendation to the Board of Directors. Other actions taken by the Finance Committee: Reviewed all delinquent homeowner accounts and homeowner accounts in collections, reviewed an analysis of the Legal Expenses incurred to date, reviewed the first draft of the 2020 Budget Development Calendar, and reviewed the Water Quality billings to the Tahoe Keys Beach & Harbor, the Tahoe Keys Marina & Yacht Club, and the Tahoe Keys Village.

As a reminder, the Budget meetings, the Board meetings, and the Finance Committee meetings and are open to members of the TKPOA (meeting dates are subject to change).

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TAHOE KEYS PROPERTY OWNERS ASSOCIATION OPERATING AND RESERVE FUNDS NET INCOME RESULTS AS OF APRIL 30, 2019 (ACCRUAL BASIS)

Operating Funds (Year to Date) FUND

INCOME

EXPENSE

Annual Expense Budget % Remaining Budget NET INCOME

BUDGETED EXPENSE

Reserve Funds (Year to Date)

PERCENTAGE %

NET INCOME

TKPOA COMMON Common

$1,130,469

$691,685

438,784

$2,184,634

68.3%

134,019

Water Quality

218,911

60,929

157,982

471,699

87.1%

(35,947)

Water Company

294,824

177,979

116,845

559,828

68.2%

140,293

TKPOA TOTALS

$1,644,205

$930,593

$713,612

$3,216,161

71.1%

$238,365

SUBDIVISIONS Cove 1

$25,849

$17,922

7,927

$47,130

62.0%

19,713

Cove 2

22,004

14,079

7,926

41,190

65.8%

23,905

Cove 2A

31,987

27,968

4,019

63,496

56.0%

46,493

Cove 3A

27,106

19,444

7,661

48,034

59.5%

27,976

Cove 3B

21,573

18,703

2,870

43,192

56.7%

24,575

Cove 3C

41,007

27,666

13,341

81,820

66.2%

30,802

Cove 4

23,004

12,307

10,698

43,116

71.5%

23,019

Cove 5

105,218

63,898

41,321

193,466

67.0%

80,737

Islanders I

11,213

10,728

485

22,506

52.3%

14,239

Islanders II

20,046

12,138

7,909

39,524

69.3%

24,504

Islanders III

42,255

23,403

18,852

80,888

71.1%

21,761

Tahoe Marina Shores

61,418

35,939

25,479

118,959

69.8%

39,771

Lighthouse Shores

18,663

16,389

2,273

37,620

56.4%

14,693

PineStone East

596

535

62

1,206

55.6%

1,897

PineStone West

822

257

565

752

65.9%

416

1,440

942

497

2,827

66.7%

7,897

$454,201 $2,098,406

302,316 $1,232,909

$151,885 $865,497

$865,726 $4,081,887

65.1% 69.8%

402,399 $640,764

12

66.7%

PineStone 3

SUBDIVISION TOTALS ASSOCIATION TOTALS Operating Months Remaining

8

ACCOUNTING REPORT Keys Breeze

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TAHOE KEYS PROPERTY OWNERS ASSOCIATION OPERATING AND RESERVE FUND BALANCE RESULTS AS OF APRIL 30, 2019 (ACCRUAL BASIS)

FUND

OPERATING

RESERVE

TKPOA Common

$256,961

$646,148

$-

203,361

Water Quality

281,714

80,494

Water Company

74,853

426,994

TKPOA TOTALS

$613,528

$1,356,997

Com- Channels & Lagoons

SUBDIVISIONS Cove 1

$50,663

$281,073

Cove 2

53,040

182,540

Cove 2A

28,849

219,888

Cove 3A

9,651

285,805

Cove 3B

20,880

373,139

Cove 3C

35,501

391,283

Cove 4

44,006

223,764

Cove 5

$2,562

790,084

Islanders I

35,246

231,061

Islanders II

16,664

209,997

Islanders III

33,683

460,507

Tahoe Marina Shores

61,089

106,876

Lighthouse Shores

67,244

268,617

PineStone East

7,470

32,657

PineStone West

3,058

10,566

PineStone 3

25,514

42,777

$495,120 $1,108,648

$4,110,633 $5,467,630

SUBDIVISION TOTALS ASSOCIATION TOTALS

ACCOUNTING REPORT Keys Breeze

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Trans Tahoe Relay

By League to Save Lake Tahoe Several days each week, Jesse Patterson slips into the pool at the Tahoe Keys Property Owners Association to train. The deputy director for the League to Save Lake Tahoe, Patterson needs to swim a lot of laps to be ready to join his team on July 20th, 2019 for one of the most iconic swimming races anywhere.

Running for over 40 years, the Olympic Club Trans Tahoe Relay is one of the most unique open-water swimming events in the world.

Each team of six take turns swimming legs of a 10-mile open-water course from Sand Harbor to Skylandia, without wetsuits. Last year the race attracted over 1,200 competitors from all over the country.

Described by competitors as more than just a race, there is something truly distinct about the comradery and sense of community that surpasses a normal competition.

For the past seven years the Olympic Club and the Trans Tahoe Relay have joined together with the League to fundraise for efforts to Keep Tahoe Blue. Patterson will be swimming the race for the fifth time this year, and the TKPOA has donated the use of its indoor pool for his team to train.

As Tahoe’s oldest and largest environmental advocacy nonprofit, the League is a solutions-based organization, focused on advocating for sensible environmental standards backed by science and monitoring, devoted community engagement, grassroots involvement, and a collective ideology of working together to protect Lake Tahoe.

For several years, Patterson and the League have been collaborating with the TKPOA to address threats to Lake Tahoe from the aquatic invasive plant infestations in the Keys’ lagoons.

This year, the Olympic Club and the League have set a goal to raise $100,000 through the Trans Tahoe Relay. Several teams are swimming on behalf of the League, including a number of long-time supporters.

Every dollar raised goes to support programs to protect Lake Tahoe, including efforts to combat pollution, promote restoration, tackle invasive species and protect Tahoe’s shoreline.

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JUNE 2019

If you would like to donate to support one of the teams swimming for Tahoe this year, visit keeptahoeblue.org/ trans-tahoe-relay.

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TKPOA

Annual Homeowners Picnic

By Heather Houston, Operations Manager The 2019 TKPOA Annual Homeowners Picnic will take place on Sunday September 1st, 2019 from noon to 4pm. We anticipate 1,000 members to attend. The picnic will be held at the TKPOA Pavilion in the outdoor area next to the outdoor pool and the large park area next to the Office. There will be food, beer, wine, soft drinks, games and music

by Sierra Gypsies for the entire family to enjoy.

New for 2019, the TKPOA Board of Directors has approved a new ticket charging structure in order to defray some of the costs of planning and holding the annual picnic. Monies collected from the Picnic Entry Charge will be applied to the Common Operating Budget Annual Picnic Admissions Account 51910.

Members and their guests will be charged $10 per person for entry to the picnic which includes lunch, unlimited beer, wine, and soda, and entertainment. Tickets for children will be $5 each and children 5 and under are free.

Tickets will become available for pre-purchase from the TKPOA Pavilion Office beginning July 15th, 2019 or may be purchased when checking in the day of the Picnic. Tickets may be purchased with cash, check, credit card, or charged to the Property Owners TKPOA Account. Members are encouraged to take advantage of the pre-purchase option in order to keep the Check-In lines moving efficiently.

Volunteers are needed to help in the production of the Annual Homeowners Picnic. The activities include planning and organizing the event with TKPOA staff and caterers, providing service at planned Dessert, Wine, and Beer Stations, and assistance monitoring entrance to the event. As a thank you for our picnic volunteer’s time and effort, those members that volunteer 2 or more hours of their time for the Annual Picnic will receive free entry for themselves.

If you are interested in volunteering for the Annual Picnic, please contact Administrative Assistant Jo Ann Wilson at 530-542-6444 ext. 223 or JWilson@tahoekeyspoa.org.

Save the Date: Sunday September 1st, 2019 Keys Breeze

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TKM&YC BOAT LAUNCHING AND RETRIEVAL RIGHTS RESTORED FOR TKPOA PROPERTY OWNERS

By Kirk Wooldridge, General Manager

O

n April 26th, 2019 Tahoe Keys Property Owners Association (TKPOA) received a voicemail message from Mike Herron – Acting Manager of Tahoe Keys Marina and Yacht Club (TKM&YC) indicating that the TKM&YC will be honoring the 1991 Superior Court of California – Stipulation Agreement No: 1225, and will provide free boat launching and retrieval to TKPOA Property Owners. Even though this “voicemail message” does contain a number of inaccuracies as it relates to the 1991 Superior Court of California – Stipulation Agreement No: 1225 and its implementation of TKPOA Property Owners free unlimited launching and retrieval of their boats we “understand the intent of this message”.

At this time the TKPOA Board of Directors and TKPOA Staff recommend to all TKPOA Property Owners that they provide their current TKPOA Membership Card and a copy of their boat/vessel registration to expedite their launching and retrieval process when they utilize the TKM&YC boat ramp. As provided in the 1991 Superior Court of California – Stipulation Agreement No: 1225 this is not a requirement.

The 1991 Superior Court of California – Stipulation Agreement No: 1225 provides: Section IV (4) Those TKPOA members and TKB&HA members shown as members upon the then current year membership lists provided to TKM&YC by TKB&HA and TKPOA have the nonexclusive right to launch and retrieve boats (a) owned by such member or (b) shown upon the then current year membership list as to be used by such member in such year during TKM&YC's regular business hours, without charge by or compensation to TKM&YC, using the boat ramp now or hereafter located upon the land described in Exhibit A-1 and for such purpose to use the roadways now or hereafter located upon the land described-in Exhibit A-1, the size and type of boats being so launched and retrieved being limited to the size and type of boats which TKM&YC is then permitting members of the public to launch and retrieve using the boat ramp. TKM&YC may relocate the boat ramp and roadways but shall always, at its sole expense, maintain a boat launching ramp in good and useable condition upon the property described in Exhibit A-1 for such use by TKPOA members and TKB&HA members and use by such others as are permitted such use by TKM&YC. All such use may be interrupted during time reasonably required for repair or maintenance of the boat ramp. The rights granted to TKB&HA and TKPOA by this paragraph are perpetual. The membership lists provided by TKPOA to TKM&YC pursuant to this paragraph shall be used only for the purposes of the paragraph and shall not be used for any other purpose including but not limited to not being used for solicitations, direct mailings or the like.

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Since 2016, the TKPOA Board of Directors, TKPOA Staff and TKPOA Property Owners have attempted to hold the TKM&YC accountable for the requirements of the 1991 Superior Court of California – Stipulation Agreement No: 1225, through Board of Directors negotiation and legal actions taken. Unfortunately, legal action ultimately had to be taken based on the ongoing violations performed by the TKM&YC to the 1991 Superior Court of California – Stipulation Agreement No: 1225.

Based on Board of Directors direction the following legal action has taken place starting in 2016.

CONTEMPT OF COURT CASES On June 29th, 2017 the TKPOA filed a petition with the El Dorado County Superior Court for Case No: SCSLT4914 asking that the TKM&YC show cause why it and its agents should not be held in contempt of this Court pursuant to Section 1209 (a) (5) of the California Code of Civil Procedure for the willful defiance of the Court’s September 6th, 1991 Stipulated Judgement (Superior Court Case SLTL-4914) Stipulation Agreement No: 1225.

On August 30th, 2017, the hearing was held at the Superior Court of California - County of El Dorado, Cameron Park, CA. The TKPOA – was represented by Attorney Art Zorio, Brownstein Hyatt Farber Schreck, LLP. Based on the cases presented Honorable Judge Warren Stracener ruled to have the parties agree to the following: The Parties agreed to resolve the proceeding for contempt under the following items recited on the record: 1) Defendant (TKM&YC) agrees to the imposition of a $1,000 sanction is stayed on the condition of compliance with the 1991 Superior Court of California – Stipulation Agreement No: 1225.

2) The parties acknowledge the validity of the 1991 Superior Court of California – Stipulation Agreement No: 1225 and reaffirm their commitment and obligations to comply with the terms of that stipulation 3) Effective upon entry of this settlement into the record of this proceeding, Defendant agrees to open the ramps for launching and retrieving of vessels without charge to the members of the Tahoe Keys Property Owners Association in accord with the 1991

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Superior Court of California – Stipulation Agreement No: 1225 4) Defendant agrees to refund members of the TKPOA who are the declarants in this action the launch fees reflected by the receipts exchanged between the parties no later than September 8th 2017 for the following named individuals (REDACTED).

Shortly after this August 30th, 2017 hearing, the TKM&YC started charging TKPOA Property Owners a fee called the “Pollutant/Milfoil Removal Fee” for every vessel that they launched at the TKM&YC. On June 7th, 2018 the TKPOA re-filed a petition with the Superior Court of California - County of El Dorado – Cameron Park, CA , Case No: SC-SLT4914 asking that the TKM&YC show cause why it and its agents should not be held in contempt of this Court pursuant to Section 1209 (a)(5) of the California Code of Civil Procedure for the willful defiance of the Court’s September 6th, 1991 Superior Court of California – Stipulation Agreement No: 1225 and the Stipulation placed on the record on August 30th, 2017 and placed in a formal Stipulation and Order entered on November 14th, 2017.

On October 10th, 2018, the trial was held at the Superior Court of California - County of El Dorado – Cameron Park, CA. The TKPOA was represented again by Attorney Art Zorio, BHFS LLP. He delivered his opening statement as requested by the Judge, and proceeded to plead the merits of the case with 43 Exhibits and 8 Witnesses testifying.

Honorable Judge Thomas Smith ruled the 1991 Superior Court of California – Stipulation Agreement No: 1225, Section IV(4) was clear that the TKM&YC “holds the obligation to allow the [TKPOA] owners to launch and retrieve their boats at no charge.” The Court further stated that the TKM&YC charging TKPOA members for use of the boat ramp (other than for the Tahoe Only sticker provided by the TRPA) was a violation of the Court’s orders and the TKM&YC is in contempt.

The TKM&YC is required to open the ramps for launching and retrieving of vessels without charge to the members of the TKPOA in accord with the 1991 Superior Court of California – Stipulation Agreement No: 1225.

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The Judge also ruled the TKPOA can file and be awarded Legal Fees for the Contempt of Court Case filed against the TKM&YC. The TKPOA has filed motions to support the legal basis for the reimbursement of TKPOA Attorney fees in these Contempt of Court Cases for $181,466. At the hearing held in January 2019 Judge Warren Stracener ruled that $98,006.92 would be granted based on the reimbursement of Legal Fees requests submitted.

On February 11th, 2019 Thomas M. Papez Attorney for the TKM&YC filed an appeal to the El Dorado County Superior Court for Case No: SCSLT4914. A “Verified Petition for Writ of Review” (Certiorari) was filed with the Court of Appeal in the State of California – Third Appellate District. This appeal was for the El Dorado Superior Court – Cameron Park rulings for the November 30th, 2017 and October 10th, 2018 Contempt of Court Trials. In both of these Contempt of Court Cases Honorable Judge Warren C. Stracener ruled in favor of the TKPOA. On February 28th, 2019 the Court of Appeal in the State of California – Third Appellate District – Denied the “Verified Petition for Writ of Review (Certiorari) filed by the TKM&YC. SMALL CLAIMS CASES – COMMERICIAL BOAT LAUNCHING Small Claims Court Case# SCC2019-0002– TKPOA Property Owner vs Tahoe Keys Marina and Yacht Club On February 22nd, 2019, a TKPOA Individual Property Owner appeared in the Superior Court of California – County of El Dorado, South Lake Tahoe CA, for Small Claims Court Case# SCC2019-0002, verse the TKM&YC. The Small Claims Case was for the violation of the 1991 Superior Court of California – Stipulation Agreement No: 1225, for the TKM&YC charging $250.00 for a Commercial Marine Service to retrieve his boat from the TKM&YC boat ramp on September 18th, 2018.

The TKPOA Property Owner was requesting reimbursement of the $250.00 ramp retrieval fee and related small claims expenses. Honorable Judge Jerald M. Lasarow ruled in favor of the TKPOA Property Owner,

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that the TKM&YC must reimburse TKPOA Property Owners for $325.00, which include the $250.00 Commercial Launch ramp retrieval fee, and Court costs.

Small Claims Court Case# SCC2019-0001 – TKPOA Property Owner vs Tahoe Keys Marina and Yacht Club On Friday March 15th, 2019 another individual TKPOA Property Owner appeared in the Superior Court of California – County of El Dorado, South Lake Tahoe, for Small Claims Court Case# SCC2019-0001, versus the TKM&YC for a similar Small Claims Case for the violation of the 1991 Superior Court of California – Stipulation Agreement No: 1225, for the TKM&YC charging $250.00 for a Commercial Marine Service to launch his boat from the TKM&YC boat ramp on April 30th, 2018.

The TKPOA Property Owner was requesting reimbursement of the $250.00 launch fee and related small claims expenses. Court Commissioner Hoffman presided over the hearing and ruled in favor of the TKPOA Property Owner, that the TKM&YC must reimburse him for $325.00, which include the $250.00 Commercial Launch ramp retrieval fee, and Court costs.

On March 14th, 2019 Thomas M. Papez Attorney for the TKM&YC filed an appeal to the Small Claims Case No: SSC2019- 0002. He was appealing the February 22nd, 2019, case in which Honorable Judge Jerald M. Lasarow ruled in favor of the TKPOA Property Owner, that the TKM&YC must reimburse the TKPOA Property Owner for the $250.00 ramp retrieval fee, and Court costs.

On April 22nd, 2019 the Trial De Novo was held with Honorable Judge Mike McLaughlin presiding for this appeal. The TKPOA Property Owner presented their case, without Legal Counsel, and with assistance from TKPOA General Manager - Kirk Wooldridge as a witness. The TKM&YC was represented by their Attorney Thomas L. Papez and the TKM&YC Bookkeeper as a witness. Honorable Judge Mike McLaughlin ruled in favor of the TKPOA Property Owner, that the TKM&YC must reimburse him for the $250.00 ramp retrieval fee, and Court costs. He again reinforced what is stated in the 1991 Superior Court of California – Stipulation

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Agreement No: 1225 that SECTION IV.C.4. Boat Ramp.

He also pointed out there is no provision that precludes a commercial boat maintenance company from launching TKPOA Property Owners boats, as long as the boat is in the TKPOA Property Owners name as the Owner and they are a Property Owner as noted on the TKPOA membership list they are entitled to launch and retrieve their boat for free.

SMALL CLAIMS CASES – LAUNCHING AND RETRIEVAL FEES Small Claims Court Case# SCC2017- 0102 - TKPOA Property Owner vs Tahoe Keys Marina and Yacht Club On January 19th, 2018, a TKPOA individual Property Owner appeared in the Superior Court of California – County of El Dorado, South Lake Tahoe, for Small Claims Court Case# SCC2017-0102, verse TKM&YC. The Small Claims Case was for the violation of the 1991 Superior Court of California – Stipulation Agreement No: 1225, for the TKM&YC charging a launching fee to retrieve or launch his boat from the TKM&YC boat ramp. The Court Commissioner ruled in favor of the TKPOA Property Owner, that the TKM&YC must reimburse him for $145.00 ramp retrieval fee, Court costs and expenses.

Small Claims Court Case# SCC2017- 0038 - TKB&HA Member vs Tahoe Keys Marina and Yacht Club On June 8th, 2017 a Tahoe Keys Beach and Harbor Association (TKB&HA) individual Member appeared in the Superior Court of California – County of El Dorado, South Lake Tahoe, for Small Claims Court Case#

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SCC2017-0038, verse the TKM&YC. The Small Claims Case was transferred to the Cameron Park Court to be heard by Honorable Judge William Stracener. The Small Claims Case was for the violation of the 1991 Superior Court of California – Stipulation Agreement No: 1225, for the TKM&YC charging a launching fee to retrieve or launch his boat from the TKM&YC boat ramp. Judge William Stracener ruled in favor of the TKB&HA member that the TKM&YC must reimburse him for the launch/retrieval fees Court costs and expenses.

In closing, it should be pointed out that none of the TKPOA Property Owners have been paid by the TKM&YC for the Contempt of Court mandated payments or Small Claims Court Case mandated payments as of May 22nd, 2019. On behalf of these TKPOA Property Owners the TKPOA has requested these mandated payments are made multiple times.

With that said, I would like to thank Art Zorio Attorney and the Law Firm Brownstein Hyatt Farber Schreck, LLP for their work and representation of the TKPOA to win these Contempt of Court cases, also the TKPOA Property Owners that have appeared as witnesses in these Cases, also the TKPOA and TKB&HA Property Owners for their patience and perseverance in filing these Small Claims Cases and following through with the court hearings. For any additional information on these Legal Claims and Small Claims Cases against the TKM&YC please contact Kirk Wooldridge – TKPOA General Manager, at kwooldridge@tahoekeyspoa.org or 530-542-6444 extension 224.

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2019 ARCHITECTURAL CONTROL COMMITTEE MEETING SCHEDULE January 7

February 4

March 4

April 8 & 22

May 6 & 20

June 10 & 24

July 8 & 22

Aug 5 & 19

Sept 9 & 23

Oct 14

Nov 11

Dec 9

DRINK TAHOE TAP. ®

All meetings are held at the Pavilion and begin at 9:00 a.m. unless otherwise posted. ACC application submittals are due by noon Wednesday prior to the meeting date. For more information please contact Linda Callahan, ACD Manager, at 530-542-6444, ext. 239, or lcallahan@tahoekeyspoa.org

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