All Tahoe Keys Property Owners Association (TKPOA) Members should have received a Ballot package (letter with voting instructions and background information, ballot, and two envelopes) for the 2015 West Channel Dredging Project by now. The purpose of the ballot is to permit you to cast your vote authorizing the Association to entire into contracts over $250,000 as required by the CC&Rs for the West Channel Dredging Project. If you have not received a Ballot package please contact the TKPOA front desk at 530.542.6444 Extension 221 at your earliest convenience in order to receive one.
Ballots must be received in the ballot box located in the TKPOA office or in the TKPOA post office box not later than February 19, 2015 by 4:30 pm PST in order to be counted. Members are encouraged to submit their ballots as soon as possible so that progress towards meeting the quorum requirement can be monitored and to appropriate action can be taken if it appears that the quorum requirement will not be met.
This vote is critical to starting the 2015 boating season in June. The 2015 West Channel Dredging Project cannot proceed without meeting the quorum requirements and having the majority of ballots cast supporting entry into the requisite construction and project support contracts. In order to proceed with the project, at least 509 ballots must be returned to establish a quorum; approval requires a “For” vote from a simple majority of the ballots cast. The minimum number of “For” votes needed for approval is 256.
In the even that the vote fails to approve entry into the contracts, then TKPOA Board as a corporation has the option to petition the local court to authorize corporate action when for any reason it is impractical or unduly difficult to obtain the necessary consent of the members [Corporations Code §7515]. Legal counsel has told us that this process typically takes 60 to 90 days and that the approximate cost is $10,000. The TKPOA Board has no plans to use this option at this time and considers it an action of last resort; however, in order to avoid even considering the question and the related expense the Board strongly urges all members to vote on this critical issue.
Informational articles on the West Channel Dredging Project have appeared in the Keys Breeze over the past three months. The articles have included a summary of the work to be done and and a project timeline with the goal of being ready to go to work on or around the beginning of April. Important information concerning this project, including the prior Keys Breeze articles, cost, and technical information is available on the TKPOA website, www.tkpoa.org. An informational meeting was held on January 16 where interested members heard a presentation by project staff from R.O. Anderson and they had the opportunity to ask questions. The summary of that meeting and up-to-date information on the project status is included elsewhere in this edition of the Keys Breeze. An additional informational meeting a tour of the project site will be scheduled and members will be notified of the dates and times via email and Nextdoor.
One question that has come up from TKPOA Members is whether an East Channel Dredging project would also require membership approval given the potential cost. Based on the 1991 Settlement Agreement between the Tahoe Keys Marina, Tahoe Keys Beach and Harbor Association and the TKPOA [Case No. SLT 1255], TKPOA is not a party to the contracts for this work and ultimately this work is compelled by the settlement agreement, therefore no TKPOA membership vote is required.
The West Channel is one of our community’s most important assets. It provides us with boat access to the Lake, it enhances the enjoyment of our homes, and it helps maintain and improve property values. Preserving this important asset requires vigilance, maintenance and, about once every ten years, dredging.
Whether you are “For” or “Against” your vote is important! Please remember to return your ballots as soon as possible but no later than 4:30 pm on February 19, 2015!