Mesquite Vistas Community Association

Board of Directors Meeting, Regular Session Agenda,

January 29, 2015 1 PM
MV Country Club 851 Oasis Blvd, Mesquite Nevada 89027
Board Members
Werner Graef
Jim McMahon
Nel Winningham
Portia Stuckey
Rick Jones
Mark Rutherford
Jeff Jacobson

President
Vice President /Streetscapes Committee
Secretary
Treasurer/Finance & Budget Committee
Director
Director/Design Review Committee
Director /Country Club Committee

Management
Moana Vineyard SCM, CMCA

Terra West Management Services

This agenda is made available to the associations membership in accordance with NRS 116.31083. Effective October 1 2009 each meeting of
the Executive Board in Regular Session shall be audio recorded. Copies of the recording will be available to units owners upon request. There
may be a charge for the copy.

The Board may take action on any item on the agenda

Pledge of Allegiance

A.

Call to Order, Establishment of Quorum

B.

Homeowners Forum: This forum is devoted to comments from homeowners on these agenda items only. To
ensure everyone gets an opportunity to speak, comments may be limited to five minutes. No owner can give away their
allotted time to expand another owners time. Except in emergencies, no action will be taken upon a matter raised during this
forum until the matter has been specifically included on a future agenda as an item upon which action may be taken.

C.

*** Management Bid Presentation New Business Item K:E

10 minutes per company is being allocated for a presentation
Action: To change the order of the agenda PRESENTATION ONLY

D.

Approval of Meeting Minutes:

E.

Finance & Budget Committee Report Combined Vistas/CC

A.
B.
C.

November 20, 2014

Pg

Finance Committee (Treasurers) Report as of October, November, December, 14

Board Review of Consolidated Financials October, November, December 2014
Open bids for 2014 Audit: Approve one bid for the 2014 Audit

Pg
Pg

Hilburn & Lien

Ovist & Howard
Hafen Buckner

F.

Committee Membership Appointments:

Country Club Committee

Mesquite Vistas Community Association BOD Reg Sess. 1.29.2015

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Mesquite Vistas Community Association

Board of Directors Meeting, Regular Session Agenda,
January 29, 2015 1 PM
MV Country Club 851 Oasis Blvd, Mesquite Nevada 89027
Finance Committee
Design Review Committee
Reserve Study Committee
Streetscapes Committee

G.

Streetscapes:
A. Committee Report & minutes of meeting/s - No meeting
B. Kokopelli Monthly Report, including Calendar and Water Matrix
Water matrix is not available. It is in progress.
C. Resolution to establish streetscape responsibility of Mesquite Vistas Master Association:
This item is not being moved forward until the legal issues surrounding the Streetscapes Policy have
been completed.
Objective: Develop and approve a course of action for the creation and implementation of a new
Resolution establishing Mesquite Vistas Maintenance Responsibilities especially with reference to the
streetscapes and entrances to sub-associations. TABLED UNTIL 2015
D.
E.
F.
G.
H.

Discuss/Approve process to address the Pinnacle Court Asphalt Paving Repairs

Discuss/Approve the proposal to remove two trees on Turtleback leaning against the wall.
Trim Pine Trees up to 20 on Turtleback between Pioneer & Overton Power
Remove 42 trees in Center Island of Pioneer due to Grubs
Discuss/Approve corrections to landscape damages caused by vehicle
(no documentation of vehicle/accident available)
H. Discuss/Approve increase in monthly water rate to be charged by Oasis Golf Club

H.

Country Club Jeff Jacobson

A.
B.
C.
D.
E.
F.
G.
H.

Committee Meeting Minutes: Meeting of January 8. 2015

Pg
Attendance Report
November-December
Pg
Locker rooms remodel/ showers RFP will be brought to meeting
Custom Fit Spa Cover Mesquite Pool & Spa is researching
Roof for the Pump Equipment Room Committee is researching
Discuss/Approve Patio Furniture Replacement Committee is researching
Wood beams two are rotted through Committee is researching
Reinstatement of Liquor Sales at the MVCC: (all documentation was provided in previous
Board packet)
Discuss/Approve submitting an application for a liquor license to the City of Mesquite on
behalf of Mesquite Vistas Community Association.
(a) Application Form
(b) City Attorney Letter
(c) Finance Committee analysis of Historical revenue

I.

Discuss/Approve Timeframe for food production at the Country Club.

J.

Discuss/Approve annual contract with Employease for payroll services for country club
employees. (This does not include Terra West employees)

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Mesquite Vistas Community Association

Board of Directors Meeting, Regular Session Agenda,
January 29, 2015 1 PM
MV Country Club 851 Oasis Blvd, Mesquite Nevada 89027
K.

L.
M.

I.

Discuss/Approve contract for a gas supplier:

Amerigas
Blackburn
Discuss/Approve Repairs needed for the Fitness Center
Discuss Preventative Maintenance Agreement for the Fitness Center

Design Review Committee: DRC Report Mark Rutherford

period 11.20.2014 present: 20 submittals landscaping; home additions; solar screens; walls

J.

Management Report:
(i) Executive Session Report :
At the Executive Session of 11.20.2015 the Board reviewed Violations of the Governing
Documents/Use Restrictions & DRC Compliance, Delinquent Assessment Accounts and Legal Matters
that are privileged under NRS 49.035 to 49.115 inclusive. There were $0 in write offs due to
mortgage foreclosures reviewed and approved.
(ii) Inspections to date:
Country Club
Mesquite Vistas General Inspection

K.

Pg
Pg

Resident Complaints:
NRS 116.31087 Right of units owners to have certain complaints placed on agenda of meeting of executive board.
1. If an executive board receives a written complaint from a units owner alleging that the executive board has violated
any provision of this chapter or any provision of the governing documents of the association, the executive board shall,
upon the written request of the units owner, place the subject of the complaint on the agenda of the next regularly
scheduled meeting of the executive board.
2. Not later than 10 business days after the date that the association receives such a complaint, the executive board or an
authorized representative of the association shall acknowledge the receipt of the complaint and notify the units owner that,
if the units owner submits a written request that the subject of the complaint be placed on the agenda of the next regularly
scheduled meeting of the executive board, the subject of the complaint will be placed on the agenda of the next regularly
scheduled meeting of the executive board.

a.

Unit Owner Mike McGreer alleges that the Board of Directors are in
violation of NRS 116.3103

NRS 116.3103 Power of executive board to act on behalf of association; members and
officers are fiduciaries; duty of care; application of business-judgment rule and conflict of
interest rules; limitations on power.
1. Except as otherwise provided in the declaration, the bylaws, this section or other provisions
of this chapter, the executive board acts on behalf of the association. In the performance of their
duties, the officers and members of the executive board are fiduciaries and shall act on an
informed basis, in good faith and in the honest belief that their actions are in the best interest of
the association. Officers and members of the executive board:

Mesquite Vistas Community Association BOD Reg Sess. 1.29.2015

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Mesquite Vistas Community Association

Board of Directors Meeting, Regular Session Agenda,
January 29, 2015 1 PM
MV Country Club 851 Oasis Blvd, Mesquite Nevada 89027
(a) Are required to exercise the ordinary and reasonable care of officers and directors of a
nonprofit corporation, subject to the business-judgment rule; and
(b) Are subject to conflict of interest rules governing the officers and directors of a nonprofit
corporation organized under the law of this State.
b. Unit Owner Mike McGreer alleges that the Board of Directors are in violation
of NRS 116.31034.10.
10. An officer, employee, agent or director of a corporate owner of a unit, a trustee or designated
beneficiary of a trust that owns a unit, a partner of a partnership that owns a unit, a member or
manager of a limited-liability company that owns a unit, and a fiduciary of an estate that owns a
unit may be an officer of the association or a member of the executive board. In all events where
the person serving or offering to serve as an officer of the association or a member of the
executive board is not the record owner, the person shall file proof in the records of the association
that:
(a) The person is associated with the corporate owner, trust, partnership, limited-liability company
or estate as required by this subsection; and
(b) Identifies the unit or units owned by the corporate owner, trust, partnership, limited-liability
company or estate.
Emailed complaints are attached for board review and will be included in the
minutes.
Discuss/Approve referring homeowner complaint to attorney to address
outstanding concerns

L.

Unfinished Business
A. Discussion- (ongoing) of possible CC & R Amendment to address issues of ongoing
commercial unit subdivision, Districts and the election of Board members.
Recommendation by Legal Counsel to try to get a 51% vote and take it to court instead of
the CC & R requirement of 67%. - TABLED UNTIL 2015
B.

K.

Unclaimed Funds status of claim

New Business:
A.
B.
C.
D.
E.
F.

Accept the Resignation of Jim McMahon as Vice President of the MVBOD. Mr McMahon will
remain a Board member
Appoint new Vice President of the MVBOD. Per the Bylaws the Vice President will be responsible
for Streetscapes
Appoint new officer/s as needed
Discuss/Approve terms for agreement for water reimbursement to Lakeridge I
Discuss/Approve requiring Sub-associations to send their reserve studies to the Master
Association Board/Reserve Study committee for review
Open Bids for Management Contract 2015-2016: (see above) BIDS WILL BE OPENED
Mesquite Property Management
Community Management & Sales

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Mesquite Vistas Community Association

Board of Directors Meeting, Regular Session Agenda,
January 29, 2015 1 PM
MV Country Club 851 Oasis Blvd, Mesquite Nevada 89027
Ideal Community Management not bidding
Colonial Property Management
Terra West Management Services
PCM Management
CAMCO Management
L.

Annual Calendar Review/Revise times and dates noticed:

M.

Homeowners Forum This forum is devoted to comments from homeowners on general topics. To
ensure everyone gets an opportunity to speak, comments may be limited to five minutes. No owner can give away
their allotted time to expand another owners time. Items discussed may be placed on future agenda at the discretion
of the Board of Directors.

M.

Adjournment:

Mesquite Vistas Community Association BOD Reg Sess. 1.29.2015

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