Minutes of the

Starlight Mesa Board of Governors Meeting


Present: Trang Tran (President), Karen Levin (Maintenance), Alex Benderskii, Joe  Bergen, Ann Penners Bergen, Gregory Goeckner, Shirley Schumacker, Derrick Pan and John Andraos.

A quorum was not present therefore no decisions were approved only discussed.  Karen Levin volunteered to write the minutes.

Item 1

Gregory and Shirley brought the materials and plans for their home remodel.  Due to the need for them to proceed, as soon as possible, with their remodel which is dependent on Board approval they agreed to email the information to the missing Board members.

Item 2

Regarding the license agreement between Joe and Ann Bergen and the SMHOA for the  SMHOA common area  land that the Bergens wish to continue to maintain: 

The Bergens recapped their position regarding their fence placement.    A survey carried out by  the Bergens shows that some of the area (property A) that they wish to maintain is on  SMHOA common land and that a small proportion of the SMHOA  pool path (property B) lies on  the Bergenís land.  Joe handed out copies of their survey, headed exhibit A.  Joe stated that there was a handshake agreement between him and Hank Smithers allowing the Bergens to maintain the SMHOA common property between his fence and the walkway.  The Bergens wish to continue landscaping the area but due to  their distrust of present and future boards want an Exclusive Usage and Maintenance Agreement.  The proposed agreement letter was given to all present.  The Bergens informed all present that they have spent thousands of dollars on legal fees.  Trang informed all present that the SMHOA Board provided an Exclusive Maintenance License to the Bergens on November 8, 2013, but did not receive a response until this evenings meeting when they  rejected the proposed License and instead, proposed a different Exclusive Usage and Maintenance Agreement.  Trang also informed, all present, the name of the Lawyer that has been helping the SMHOA  Board with the dispute with the Bergens.  The Bergens  wish to get this settled quickly as they wish to plant along property area A.  The Bergens filed a Notice to Use Real Property, Civil California Code 813.     The Bergens requested that if there are any changes to the agreement that they proposed, then the board should communicate the changes to the Bergens.  Trang suggested that all new board members should bring themselves up-to-date with the issue by reading the past minutes of the Board meetings.  The Bergens have requested that they would like this to be on the agenda for January 2014.  The Board forwarded the Bergenís proposed Exclusive Usage and Maintenance Agreement and the Notice to Use Real Property to its counsel for review and comment.

Item 3

Board Transition was discussed.  Roles for the Treasurer, Secretary and President were explained by Trang.  Karen explained the maintenance role.  Positions were chosen by the incoming Board of 2014.  These are as follows:

President: John Andraos

Secretary: Gregory Goeckner

Treasurer: Derrick Pan

Maintenance: Alex Benderskii

Maintenance: Karen Levin (second term)


The next Mesa Board meeting will be January 28th 2014 at 7:30p:m.