Dreaming Summit Homeowners Association

P.O. Box 25466

Tempe, AZ 85285

(480) 820-3451

Open Session Minutes

February 27, 2006

Dreaming Summit Elementary School

I. The open session of the Dreaming Summit Homeowners Association was called to order Monday, February 27, 2006, at 6:33 p.m. at the Dreaming Summit Elementary School. President Toniann Perry presided with Board members, Chris Rix, Keith Ebenholtz and Suzanne Carson in attendance. Also present were Ken Olson and Adriana Gries of Kinney Management Services.

II. Open Discussion-Q&A Forum

There were no questions from the floor.

III. January 2006 Open Session Meeting Minutes

A motion was made by Ms. Carson and seconded by Ms. Perry that the Board accept the

January 23, 2006 minutes with no changes. The motion passed unanimously.

IV. December 2005 Financial Statement

A motion was made by Ms. Perry and seconded by Ms. Carson that the Financials not be accepted until corrections are made in the income line items. The motion passed unanimously.

V. Old Business/Status Updates

a. Dale Creek Wash Mitigation Clean Up

Mr. Olson gave details of the Army Corps of Engineers clean up requirements and illustrated the wash locations on the community map that were cleaned up by the landscapers. No motion was required.

b. Street Sweeping Bids

Mr. Olson provided the Board with a street sweeping bid summary page for their review. Mr. Olson explained to the Board that Phoenix Sweeping was quoting a much cheaper price, which concerned Ms. Perry. Mr. Olson further explained that Phoenix Sweepings bid of $98.00 a quarter included the whole community being cleaned with a bigger brush and possible one-time water re-fill. Ms. Perry requested that Mr. Olson check with the Better Business Bureau (BBB) on all potential vendors. Mr. Ebenholtz further requested that Mr. Olson check on other community references for these vendors. Mr. Rix further requested that Mr. Olson also include the bid for American Sweeping at the next meeting. The Board will defer the decision on sweeping until the requested information is provided.

c. Rural Metro Response Report

Mr. Ebenholtz gave a summary of the circumstances that led up to his researching the response time issue with Rural Metro, since the Rural Metro story is not consistent with information provided by the resident concerning their response(s) to the call. Rural Metro is unable to explain these discrepancies and Mr. Ebenholtz checked the 911 call records in an attempt to correlate or dispel the stories. Rural Metro is reticent to provide more information such as incident reports, tapes, etc. concerning the incident and the Association’s request is now in the hands of their legal counsel. A motion was made by Ms. Perry and seconded by Ms. Carson that the Board authorizes a $25.00 expenditure for Mr. Ebenholtz to obtain the 911 tapes, as well as the Board to look into other options for fire protection in the future. The motion passed unanimously.

d. Parking

Mr. Olson brought two separate issues to the Boards attention; the parking of commercial vehicles when there is no space on the driveways and the parking of vehicles on the access area in front of RV gates. The Board requested that Mr. Olson respond to homeowners with these questions by sending a letter stating that the CC&R’s for the community clearly state, “Vehicles of all Owners, Lessees and Residents,

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are to be kept only in garages or the driveways of any Lot.”. A suggestion was made to clarify parking requirements when residents submit a Design Review Application relating to access drives and driveways. The Board reiterated that a driveway is the concrete leading to the garage of a home and that the CC&R’s is an established legal document, in which the Board cannot overturn and is required to enforce. The Board further requested that Mr. Olson provide them a copy of the documentation from the community attorney dealing with what constitutes the definition of an emergency vehicle that is to be stored or parked within a homeowners association.

e. Park Use

Mr. Olson brought to the Board’s attention that he had recently received phone calls from residents requesting that sports teams be permitted to practice in the community parks. It was brought to the Boards attention that in the September 2005 Open Session, it was decided that sports teams would not be permitted to use the community parks until additional information could be obtained from the attorney, including insurance options, information from other communities, and city or county parks on managing their recreation areas. A motion was made by Ms. Perry and seconded by Mr. Ebenholtz that Kinney Management contact Mr. Caesar about information concerning park use by sport teams to be included in the Association Guidelines in addition to an amendment for lighting to be available at the Annual Meeting. All were in favor.

f. Annual Meeting

Mr. Olson informed the Board that all absentee ballots for the Annual Meeting had been mailed out February 27, 2005

g. Wall Issues; Community/Private

Mr. Olson informed the Board that at this time, Meritage homes is doing some of their punch list work that includes wall and sidewalk repairs throughout the community. The Board requested that Mr. Olson respond with an update to the homeowner who has called with cracks in his wall. Mr. Ebenholtz further requested that Mr. Olson research the last reserve study that was done for the community in relation to wall maintenance expenses.

h. Community Guidelines; Enforcement

At the January Meeting, there was a homeowner who informed the Board that he had on several occasions been told to do certain things that would make his batting cage approvable, yet after each change, he was still denied. The Board had reviewed this homeowners file and found no evidence to support this claim and has requested that Mr. Olson respond back to this homeowner as to the Boards findings. In addition, a breakdown of the monthly fees will also need to be mailed out to the Homeowner who has requested this breakdown at the January meeting as well.

The issue of For Sale signs hanging over the common walls of homes was discussed. A motion was made by Mr. Rix and seconded by Ms. Carson that per the CC&R’s, the Board does not allow signs over common walls of homes, as well as posted in any other common area of the community. The motion passed unanimously.

VI. New Business:

a. Villages; Entry Security

A motion was made by Mr. Rix and seconded by Ms. Carson that all vendor codes are expired within a year of their programming and a new code be programmed in. The previous code and the current code would overlap for no more than 1 month. Mr. Ebenholtz amended this motion, which was seconded by Ms. Carson that a review also is done on how many codes each resident has and what codes are justified. The motion passed unanimously.

An article written by Ms. Carson will also go out into the newsletter and be posted on the website reminding homeowners that it is a good idea to change their resident codes at least once every year.

Mr. Rix also noted that the newsletter is scheduled to go out bulk mail Thursday, March 9, 2006, with the delivery estimated between March 14-16th.

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b. Landscape Guidelines; Tree exclusions.

Mr. Olson gave a brief summary of a homeowner who had submitted for an Italian Cypress tree, which is on the prohibited plant list. After several tours, Mr. Olson has noticed that there were a number of residents who have what appear to be Italian Cypress trees in their front landscape. Mr. Olson brought this issue to the Board and that they consider removing this tree from the prohibited list thus making it an acceptable tree within resident’s landscape. A motion was made by Ms. Carson and seconded by Ms. Perry to exclude the Italian Cypress tree from the prohibited plant/tree list for front and rear yards. In addition, the homeowner who was originally denied for this tree will be advised that the tree is now acceptable. The motion passed unanimously.

Mr. Rix left the Open Session meeting at 8:15 pm, leaving Ms. Perry, Ms. Carson, and Mr. Ebenholtz as the Directors in attendance.

c. Financials

Mr. Olson advised the Board that due to an illness, the community accountant was not available to start the catch up process for the financial statements of the community; therefore, it will start at the March meeting.

Plant Replacement

Mr. Olson advised the Board that after having spoken with Luis and Ed of KMS Landscaping, certain questions have arisen; does the community prefer to replace with the same exact tree type and size every time. The Board has requested that Mr. Olson get more information as to what the cost are, and get back to the Board before a decision is made and a vote taken.

Valley Protective Services

Officer Garrett of Valley Protective Services has requested that he be allowed to carry a gun since his shift hours extend into the early morning hours and he has experienced transients, etc. in the community common areas at these times. The Board directed Mr. Olson to check with the Association’s insurance carrier to see what impact an armed security guard under our employ has on our policy.

Upcoming Regular Open Session Meeting

After discussion on whether to hold a regular meeting at a date prior or after the Annual meeting date, a motion was made by Mr. Ebenholtz and seconded by Ms. Perry, that the Board not adjourn the Annual meeting and move immediately into the general session where the new Board members positions will be appointed, and only Old Business will be discussed. The motion passed unanimously.

VII. Adjournment

A motion was made by Ms. Perry and seconded by Ms. Carson that the Open Session Meeting be adjourned at 8:45 pm. The motion passed unanimously.

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