Virginia City Highlands Property Ownerís Association

Monthly Meeting Minutes

Special Meeting August 5, 2005


 

PRESENT: Musser, Thomas and Beckerman.

  1. CALL TO ORDER AND APPROVE MEETING AGENDA

A quorum being present, President Musser called a special meeting of the VCHPOA Board of Directors to order at 6:02 P.M., at the Virginia City Highlands Firehouse.† A motion by Musser, seconded by Thomas, the amended agenda was unanimously approved.

 

  1. DISCUSSION OF AN ASSOCIATIONíS MEMBERíS FORMAL COMPLAINT REGARDING UNDISCLOSED POTENTIAL CONFLICT OF INTEREST. Copies of the letter were available to attendeeís. The association memberís identity is to be kept anonymous as allowed by the by-laws and NRS 116.† Thomas read NRS 116.31034 (5) and fully explained the ramifications. Per the letter, ďMr. Alt failed to disclose that he is a licensed contractor and has built and sold a number of homes located in the 1-acre sectionĒ.† Thomas explained the different options available to the Board:

a)      Ignore the issue (in contradiction of the Boardís fiduciary responsibility).

b)      Hold a new election for the director position in question if the nominee who failed to disclose the potential conflict of interest wishes to do so and is willing to pay for the cost of the Association administrating the second election.

c)      Replace the elected nominee who failed to disclose the potential conflict of interest with the candidate who received the next most votes or have the Board appoint any Association member it chooses to fill the vacant Director position.

Each Board member spoke on the issue, all verifying that Mr. Alt had the opportunity to disclose.

 

  1. COMMENTS BY ASSOCIATION MEMBERS & DISCUSSION††

Past presidents of the VCHPOA spoke on this issue; opinions were of accord that ďa reasonable personĒ would have expectations of the opportunity to know of Mr. Altís business.† Association members also spoke in favor of keeping Mr. Alt on the Board, in regards to how many votes he drew and how much his buildings have added to the community.† Thomas tried to get the point across that this is not personal issue, it is about following the guidelines provided by the homeowners association and Nevada State laws.† Joel Smith suggested that a current Board member continue until a resolution is found.† Thomas asked a family member to contact Mr. Alt and asked if he is willing to follow suggestion 2b.† Stacey Sipaila, Mr. Altís daughter, agreed to call him and see if she can get a fax number for a letter of intent.† The open position created by Musserís departure could have gone to Jeni Temen, she has declined (after viewing the animosity towards the current Board) and the position will then go to the next in line, Robert Fielding.†

†††††††††††

Motion by Thomas to accept the formal complaint and that the complaint is valid, Beckerman seconded this motion, and the vote was unanimous.† Motion by Thomas in regards to maintaining a quorum, the Board shall appoint the person who got the next highest vote, if there is to be a new election, the field will open for nominations for that position.† Beckerman seconded this motion and the vote was unanimous.† On a motion by Musser, seconded by Beckerman, and unanimously approved, the meeting was adjourned at 7:10 P.M.

Immediately following the meeting an Executive Session was held regarding an Architectural guideline violation.

 

Respectfully submitted by:

Sheri Beckerman, Secretary †††† ††††††††††††††††††††††††††††††††††††††††††††††† Attachments: Formal letter of complaint