Bent Tree Property Owners Association (BTPOA)

Board of Director’s Meeting Minutes

Thursday, May 12, 2006, 6:30 p.m.

John and Kathy Decker’s House, 17765 Merryhill Court

 

 

Attendees: Board members: Gail Bates, Kathy Decker, John Heiser. Others: John Anderson, Bruce Bates, Duane Fitch, Jim Maser, Debbi Maser

  1. Resident remarks, if any. None.
  2. Appointment of board member(s):
    1. Two vacancies existed on the board.
    2. A motion was made, seconded, and approved to appoint Duane Fitch as Member at Large and Debbi Maser as BTPOA Secretary to fill these vacancies. One vacancy ends in 2007 and the other in 2008; it was not determined which one ends when.
  3. Review and revise minutes of the September 16 annual meeting:
    1. Minutes were reviewed with no revisions noted.
    2. A motion was made, seconded and approved to accept these minutes for presentation to the membership.
  4. Review and revise minutes of the February 16 (not 9th as on agenda) budget meeting:
    1. Minutes were reviewed and one revision noted (typo in paragraph regarding Water Rights discussion…change “sell are” to “sell all” the remaining rights).
    2. A motion was made, seconded and approved to accept these minutes with the revision.
  5. Review and revise minutes of February 9 board meeting:
    1. Minutes were reviewed with no revisions noted.
    2. A motion was made, seconded, and approved to accept these minutes.
  6. Review action items from the February 9 board meeting:
    1. Bruce Bates

1)              Prepare final ACC Rules and Regulations for inclusion as an appendix in the BTPOA Rules and Regulations. Completed. ACC Rules and Regulations have been completed and posted on the BTPOA website.

2)              Contact attorney Jim Duve for legal ruling if existing covenants and state law support imposition of a schedule of fines and what recourse the BTPOA would have if assessed fines were not paid. Attorney’s response was not only is it allowed, but is legally mandated to enforce the covenants as they are a legally binding agreement all residents must comply with.

    1. Kathy Decker

1)              Arrange for refreshments for the February Budget Meeting. Completed.

2)              Contact tax return preparer Noland Goodwin to see what an audit would cost. Sally Lopez obtained quotes of about $2000 for BTPOA bookkeeping and audit services, with initial audit to cost more.

3)              Obtain information on the BTPOA’s CDs including terms, rates, rollover dates, and earnings during 2005. Completed. One CD is about $21,000. The other is about $31,000. Both CDs rollover May 28.

    1. John Heiser

1)              Contact attorney Jim Duve to see if the present covenants and state law support imposition of a schedule of fines and what recourse the BTPOA would have if assessed fines were not paid. If Duve continues to be non-responsive, contact attorney Lenard Rioth to see Rioth’s firm could provide legal counsel. Completed by Bruce Bates (see above).

2)              Contact Bob Moore to get a cost estimate for the rights to water under Bent Tree. Pending.

3)              Obtain information from property management companies regarding managing Bent Tree and the attendant costs. Pending.

4)              Revise the table showing 2005 actual expenditures and revenue for comparison to the budgeted amounts. Completed.

5)              Prepare minutes of the September 16 Annual Meeting. Completed.

6)              Form a committee and work with them to prepare proposed changes to the Bylaws and Rules and Regulations for compliance with SB05-100. Committee has not yet met to prepare proposed changes.

7)              Prepare the next issue of the Bent Tree Log. Transferred to Debbi.

    1. Jerry Lopez

1)              Contact the owners of the 12 lots with excessive water use to see what can be done to correct the situation. Pending.

2)              Obtain a second bid for a community-wide well survey. Pending

  1. Committee status, if any:
    1. Architectural Control Committee:

1)              ACC Chair, Bruce Bates, announced that he is storing paper copies of lot plans that he considers important to retain as it could be useful to current or future owners. His recommendation was that it would be more efficient and appropriate to convert this information into a digital format.

2)              Estimated cost of converting these paper copies to digital format would be $1 x 3 pages x number of houses and would come out of the fees that have been paid to the ACC when original plan had been submitted.

3)              A motion was made to approve the expense up to $1,000 to convert these plans to digital format.

4)              After conversion to digital format, it was suggested that the paper copies be destroyed if current owners did not want them, as the information in them could be considered sensitive from a security perspective to the homeowner.

5)              After discussion, it was recommended that residents be given the opportunity to obtain their lot plans at the next annual meeting, and plans not requested/picked up would be destroyed.

6)              A motion was made to announce in the Bent Tree Log that the paper copies would be made available to the homeowners for pickup at the next annual meeting. Motion was seconded and approved.

    1. Beautification and Trails Committee: None.
    2. Covenant Compliance Committee: See agenda item 8.
    3. Directory: See agenda item 11
    4. Engineering Committee: None.
    5. Forestry Committee:

1)              Forestry Committee Chair, John Anderson, presented information regarding the potential of beetle infestation and tree damage in Bent Tree.

2)              He summarized that 56 residents were notified of infestation last year. 49 residents took appropriate steps to mitigate the problem; 7 did not. Five of the seven acted once John educated them on the problem and risks and corrective action needed.

3)              He recommended that all properties be evaluated and that it is a state requirement to remove infested trees by July 15th, but it is recommended that problems are identified and eradicated as soon as possible, and not wait for the state deadline.

4)              He recommended that residents be made aware of the severity of the situation and the steps needed to protect the trees in Bent Tree as much as possible.

5)              John took action to update the article he had written for a previous edition of the Bent Tree Log for inclusion in the next publication of same, and provide to the Board Secretary.

6)              He recommended that language addressing the requirement to be proactive and responsive to Forest Committee observations and recommendations be specifically included in the covenant compliance process being defined.

7)              A motion was made, seconded and approved to include language addressing forest maintenance in the Rules and Regulations.

    1. Neighborhood Watch/Security Committee: None.
    2. Newsletter: None.
    3. SB05-100 Compliance Committee: None.
    4. Water Augmentation:

1)              Background was provided regarding the augmentation program and the financial arrangement BTPOA has with Great Divide Water Company.

2)              Jerry Lopez contacted the State Engineer’s Office for determination as to how landscape water features affect our water augmentation program; however, no guidance was given.

    1. Web Site: None.
    2. Welcoming Committee:

1)              The Board asked if new residents were being contacted by the Welcoming Committee.

2)              New residents, Jim and Debbi Maser, said no, they hadn’t been.

3)              Kathy Decker announced that John Decker is no longer on the committee.

  1. Covenant enforcement:
    1. CCC Liaison, Gail Bates, presented some of the legalities associated with enforcement of the BTPOA Covenants. Attorney Duve has said that not only could the BTPOA enforce the covenants through imposition of fines but there is a legal obligation and requirement to take action to enforce the covenants.
    2. John presented a revised draft dated 12 May 2006 of the proposed covenant enforcement procedure and schedule of fines.
    3. A motion was made, seconded, and approved that a separate covenant compliance meeting would take place within 30 days.
    4. Gail Bates was assigned to present recommendations of actions and implementation schedule at the next board meeting.
    5. Kathy raised concerns about the Treasurer’s responsibilities for tracking notices and fine collection. It was the consensus of the board that the Covenant Compliance Committee would be responsible for tracking enforcement and ensuring that fines are paid for offenses in accordance with the fine structure. When received, those fines are to be provided to the Treasurer for deposit into BTPOA accounts.
    6. Kathy noted that Lot 198 has not paid the annual assessment for 2005 and 2006. Certified mail was sent and signed for Lot 198. The consensus of the board was that Kathy should work with attorney Duve to file a lien against the property.

 

  1. Investment plans:
    1. Kathy Decker, Treasurer, presented the BTPOA balance sheet.

1)              Total Assets: $89,682.98

a)                Builders Covenant Compliance: $4,909.72

b)               CD 1: $20,793.94

c)                CD 2: $31,228.34

d)               Working Account: $32,750.98

e)                Other Assets: $0

2)              Total Liabilities and Equity: $89,682.98

a)                Total Liabilities: $5,000.00

b)               Total Equity: $84,682.98

    1. Kathy presented results of her investigation into CDs rates and terms when the current CDs mature.

1)              Kathy was assigned to investigate rates and terms at two other financial institutions.

2)              Motion was made, seconded, and approved for Kathy to deposit funds into highest interest bearing account with alternating maturity dates when current CDs mature.

    1. Financial liability of water augmentation program.

1)              Bent Tree pays $9,000/yr to Great Divide for well water augmentation.

2)              Bent Tree owns about 60% of Great Divide, so therefore there is potential that Bent Tree would have to pay a major portion of expense to redrill a well or replace well equipment/pump, which could be upwards of $200K.

3)              Un-resolved question: Is there insurance available to cover this liability?

  1. Plans for publication of Bent Tree Log
    1. Recommendation that next publication include annual meeting minutes and budget summary, Board highlights, tree / water concerns, covenant enforcement process, appropriate use of the Directory, and announcement of Annual Meeting.
  2. Restrictions of use of Family Directory
    1. Bruce noted that a resident of Bent Tree used the information in the directory to solicit funds from property owners.
    2. The directory does not currently include language limiting the use of the contents.
    3. A motion was made, seconded, and approved to incorporate appropriate language in the next publication of the directory. Kathy Decker was asked to provide language based on verbiage from the Rolls Royce Club directory.
    4. John Heiser was assigned to write a letter to the homeowner stating that the use of the directory was inappropriate.
  3. Annual Meeting Plans:
    1. Meeting scheduled for Thursday, September 14, 2006, from 6:30 p.m. to 7:30 p.m. at the Woodmoor Barn.
    2. Notification and directions to be included in next publication of Bent Tree Log.
    3. Time limits (maximum two minutes per resident) will be enforced for resident discussions after Board presentations.
    4. Architectural plans will be available for residents who choose to pick them up and remainder shredded.
  4. Future Board Meeting Schedule
    1. Motion made, seconded and approved to hold next BOD meeting on June 9, 2006. 6:30 p.m. Location TBD.
  5. Any other business or resident remarks, if any. None.
  6. Summarize action items:
    1. John Anderson

1)              Provide the secretary with an update to the forestry article published in a previous edition of the Bent Tree Log for inclusion in the next Log.

2)              Prepare language regarding the need for tree maintenance for potential inclusion in the BTPOA rules and regulations.

    1. Gail Bates

1)              Review revised covenant enforcement procedures and provide recommendations on changes and implementation schedule.

    1. Kathy Decker

1)              Book the Woodmoor Barn for the September 14 Annual Meeting.

2)              Arrange for refreshments for the September Annual Meeting.

3)              Contact tax return preparer Noland Goodwin to see what an audit would cost.

4)              Obtain information on the BTPOA’s CDs including terms, rates, rollover dates, and earnings during 2005 and transfer funds as needed to create a 6-month and a 12-month CD.

5)              Provide appropriate language regarding usage restrictions for inclusion in the next publication of the directory

    1. John Heiser

1)              Contact Bob Moore to get a cost estimate for the rights to the water under Bent Tree.

2)              Obtain information from property management companies regarding managing Bent Tree and the attendant costs.

3)              Form a committee and work with them to prepare proposed changes to the Bylaws and Rules and Regulations for compliance with SB05-100.

4)              Include an Annual Meeting agenda item to confirm board member appointments and to set their terms.

5)              Write a letter to homeowner stating that the use of the directory was inappropriate.

    1. Debbi Maser

1)              Prepare the next issue of the Bent Tree Log. Include approved minutes of 2005 Annual Meeting and the 2006 Budget Meeting and articles by Jerry Lopez on water consumption and John Anderson on forest maintenance.

    1. Jerry Lopez

1)              Contact the owners of the 12 lots with excessive water use to see what can be done to correct the situation. Pending.

2)              Obtain a second bid for a community-wide well survey. Pending

  1. Meeting adjourned at 10:30PM.

 

Prepared by Debbi Maser, BTPOA Secretary.

FINAL MINUTES as approved at BTPOA BOD Meeting, 6/9/06.