//Because there was no quorum, this was not an official Bent Tree meeting; the following discussion took place.//

 

Bent Tree Property Owners’ Association

Property Owners Annual Budget Discussion Notes

Thursday, February 15^th, 2007
Woodmoor Barn

---

 

Board Members:  Duane Fitch, John Heiser, Tom Hilfers, Debbi Maser

 

1)        Presentation: Welcome to the BTPOA

a)      At 6:00 pm, John Heiser welcomed all attendees and, in accordance with SB05-100 and SB06-89, presented an Owner Education overview, discussing the history of Bent Tree, the Bent Tree organization, Bent Tree property owner rights and responsibilities, and a summary of the governing documents.

b)      Sign-up sheets were available for attendees to determine count of properties represented to determine if a quorum had been established. Attendees are listed in Appendix A.

c)      Sign-up sheets were distributed to the attendees asking for volunteers for the various Bent Tree committees. These are listed in Appendix B.

d)      BOD members were introduced.

2)        Call to Order, Introductions, Determination of Quorum, Conduct of the Meeting:

a)      Steve Fuhrmann and Jim Maser volunteered as tellers. Upon review by the tellers of the sign-in rosters, it was determined that a quorum was not established with only 28 lots represented (needed 39 for quorum).

b)      Because there was no quorum, this was not an official Bent Tree meeting; however discussion of the following items took place beginning at 7:00pm.

3)        Review / Approval of September 14, 2006 Annual Meeting Minutes

a)      Due to lack of quorum, this could not be approved.

4)        Confirmation of Tom Hilfer’s Appointment to the Board of Directors

a)      Due to lack of quorum, this could not be approved.

5)        Election to Fill a Vacancy on the Board of Directors (Bill McDonnell resigned and this position will be up for election at the 2007 Annual Meeting)

a)      Nominations received previously:

i)        Chris Patterson volunteered

b)      Nominations from the floor

i)        No other volunteers

c)      Candidate statements – five minutes each max.

i)        Chris Patterson stated he had just moved to Bent Tree in October from Belgium.  He is retired Military, and would like to contribute to Bent Tree.

d)      Balloting

i)        Due to lack of quorum, there could not be a vote.

6)        Covenant Compliance Discussion

a)      Jim Maser was introduced as the chair of the CCC and introduced the other CCC members in attendance:  Steve Bassett, and Steve Bassett III.  Committee member not present was Barry Wyttenbach.

b)      Jim Maser provided background that one of Bent Tree’s struggles has been covenant enforcement and that attempts to do this by Bent Tree residents has not been successful.  A major challenge is that by having residents involved, it has the potential of pitting neighbor against neighbor, which is not conducive to the neighborhood we all want to live in.  Therefore, after much research and consideration, the BOD decided to outsource covenant compliance to Red Oak Associates, LLC.

c)      Jim Maser then introduced Jeanne Thomas, owner of Red Oak Associates, LLC.  Jeanne provided background on her business and explained her approach to covenant compliance is to familiarize herself with the HOA’s governing documents and then, as violations are identified, to give the residents who are out of compliance the notice and opportunity to correct any violations.  She will do irregular tours once a month thru Bent Tree, as will the members of the CCC.  She will provide reports to the CCC identifying violations she observed, and either she will on her next tour, or members of the CCC, check to see if these violations are still present (and note if there are new violations).  If so, she will send letters to the owners asking for them to correct the situation.

d)      If violations are not corrected, Jeanne will send additional notices, and if necessary, the owner will be notified that there will be a hearing by the BOD to determine what the appropriate action will be.  Jeanne will present at and participate in any hearings.

e)      There were questions from residents:

i)        If there is a violation, does Jeanne contact the resident verbally first?  No, everything is in writing, which not only provides an audit trail, it also helps keep emotions out of it.

ii)      Does Jeanne use generic letters?  Yes, she has standard letters she uses for common violations, such as parking violations, trailers, sheds, etc.  Each letter she sends does cite the specific address and date and description of the violation.

iii)    What is Bent Tree’s contract with Red Oak Associates, LLC?  She is currently on a one-year contract with Bent Tree effective January 1^st, 2007.  Her rate is $50/hour with a minimum of five hours per month ($250) and a maximum of ten hours a month ($500).  Any time greater than ten hours needs to be approved by the BOD.  She added that a lot of the follow-thru can be done by volunteers to minimize her time, and therefore additional costs to Bent Tree.

iv)    What should owners do who identify violations?  They are encouraged to take pictures, if possible, and send an email to Jeanne at RedOakHOAMgmt@aol.com or to call her at (719) 641-2433 or (719) 268-1021.  She did request that calls not be made after 8:00pm.  If there is an emergency situation, contact 911 immediately.  For violations such as fireworks, bon fires, or noise nuisances, contact Jeanne and, depending on the situation, she may contact a member of the CCC to investigate.

v)      What about barking dogs?  Please call Jeanne.  She is an animal lover and has lots of ideas and information that may help an owner resolve this.  At this time, Debbi Maser added that in the recent publication of the Bent Tree Log, and as will be in the 2007 Bent Tree Directory, Debbi’s name and number are listed as the pet “Lost and Found” liaison. 

vi)    What about cars not parked in the garage?  Jeanne stated she has reviewed Bent Tree’s covenants and R&R’s, and understands that guest parking is allowed outside for up to two weeks.  She said that as a courtesy, let her know when you will have guest parking so that she knows about it when she does her tours.  Otherwise, Bent Tree Covenants define the parking requirements that she will use to identify violations.

vii)    If a neighbor contacts Red Oak with a complaint, is the complainant’s name disclosed?  No, Jeanne keeps all complainant information confidential unless there is a legal requirement to disclose it.  If there is a highly contentious situation that requires a hearing, Jeanne may need to ask eye-witnesses to attend, though.

f)       Duane Fitch then stated that a primary reason Bent Tree outsourced Covenant Compliance was because we want to ensure consistency and professionalism in making sure the governing rules of Bent Tree are enforced.

7)        Financial Report

a)      John Heiser presented the BTPOA 2007 Budget Summary (Appendix C), including Balance Sheet and Proposed Budget.

i)        Asset Balance: $86,888

ii)      Liabilities and Owner Equity:  $86,888

iii)    Historical Perspective: 

(1)    2004:  $79,027

(2)    2005:  $82,123 (increase of $2096)

(3)    2006:  $86,888 (increase of $4,765)

8)        Budget Discussion / Approval

a)      The major financial risks for Bent Tree are potential legal costs (e.g., lawsuit again the HOA), and water (Bent Tree’s expenses to replace a failed pump).  John stated that Bent Tree does not have enough reserve on our books to cover either of these potential situations.  Additionally, Bent Tree’s costs have increased from $3K to $9K for water usage, and there has not been an increase in HOA dues to offset these additional expenses.

b)      Due to lack of quorum, the budget could not be approved.

9)        Annual Assessment Discussion / Adjustment

i)        The proposed budget for Bent Tree reflects a deficit, which the BOD does not feel is fiscally prudent, and to eliminate this deficit spending projection, the recommended assessment for 2008 reflects an increase to $120 vs. the current assessment of $72.  Although a quorum was not present, the BOD asked attendees what their thoughts were on this.  All attendees agreed that Bent Tree’s annual dues are too low and supported the increase to $120 or more.

b)      Discussion included:

i)        Compared to other HOAs, the current annual assessment of $72 is way too low for a neighborhood as nice as Bent Tree. For example, Kings Deer’s annual assessment is $300.

ii)      Bent Tree does not have adequate funds to do enhancements and maintenance now.  Specifically, we have not maintained the trails and entrances as nicely as they should be for such a prestigious area.  The entrances to Bent Tree are the first thing prospective buyers see when they’re looking at properties, and compared to other neighborhoods, Bent Tree’s are not a classy as they should be to reflect the value of Bent Tree.  100% of the attendees agreed that Bent Tree should expend funds to improve the entrances.

iii)    Comments were made that there is a safety issue for lots on cul-de-sacs because the city does not clear the snow on them.  Therefore, if there was an emergency, owners may not be able to get out safely and in a timely manner.  It was suggested that Bent Tree investigate what it would cost to ensure that all streets in Bent Tree were adequately cleared in a timely manner to prevent this situation.

iv)    Comments were made regarding trash pick-up and that on some streets, trash is picked up by three different vendors three separate days each week, which means trash cans are outside almost every day, and the noise of the trucks in annoying three days.  It was shared that the BOD had been looking into this, and had received quotes from several vendors.  Bent Tree could get on contract for trash pickup one day a week with containers provided for $9 per residence, which would also include recycling services every other week for plastics, paper and aluminum.  This vendor would also provide spring / fall clean-up containers twice a year for $220 each (total $440).  Several attendees thought this was a great idea, and it would be a cost-savings compared to the individual lot cost with various current vendors.  Almost all of the attendees agreed this is something for the BOD to consider and to increase the annual assessment to cover this cost.  One resident did bring up that there are residents that might not agree to this if they don’t live in Bent Tree all year.

v)      There was discussion on the cost of printing the Bent Tree Log and Directory, and with many people having access to the internet, it would be a cost savings to not incur these printing and mailing costs.  The BOD responded that this has come up for discussion at BOD meetings, but the consensus has been that there are many residents who do not have access to the internet, and many who do but have expressed their desire to receive hard copies.  Bent Tree’s website is being improved constantly, thanks to Steve Fuhrmann, and there are now 47 subscribers to the Bent Tree mail group who receive email notifications from Bent Tree for a variety of things.  It is encouraged that as many owners as possible sign up for this mail group to enhance communication to the neighborhood. 

10)    Future Meeting Schedules

a)      Tentative Annual Meeting Date:  Thursday, September 13^th, 2007, 6:30pm at the WIA.  (“On or about September 15^th)

b)      Board Meetings: Second Monday of each month, 7:00pm, at the Monument Sanitation District board room, 130 2^nd St., Monument.  The next scheduled BOD meeting is March 12^th.

c)      Other events?  Attendees were asked if there was any interest in having a July 4^th Potluck at Fox Run. Many residents said yes.

11)    Any other business.

12)    Discussions ended at 8:45pm.

 

 

Notes prepared by Debbi Maser, BTPOA Secretary, 3/5/07

Approved at BTPOA BOD Meeting 3/12/07

 

 

 

 

Appendix A:  ATTENDEES

 

1.      Anderson, John & Barbara

2.      Bassett, III, Stephen & Karen

3.      Bassett, Stephen & Peggy

4.      Duhon, Allan & Jackie

5.      Fitch, Duane & Patricia

6.      Fitzpatrick, Sean & Lisa

7.      Fuhrmann, Steve & Lola

8.      Gossett, Carl & Rhody (2)

9.      Heiser, John & Francy (2)

10.  Hilfers, Tom & Joelle

11.  Hollenbach, David & Dana

12.  Hostetler, Ellen

13.  Johnson, Richard & Lori

14.  Kilgore, Hank & Susan

15.  Loeffler, Charles & Catherine

16.  Lopez, Jerry & Sally

17.  Maser, Jim & Debbi

18.  McCullough, John & Deanne

19.  Michon, Dan & Sara

20.  Owens, Bill & Gail

21.  Patterson, Chris & Terri

22.  Prileszky, Steve & Suzanne

23.  Schmitz, Howard & Joan

24.  Smith, Thomas & Eunice

25.  Stahl, John & Lisa

26.  Turner, Clarence & Barbara

 

TOTAL RESIDENTS ATTENDING:  26

 

TOTAL VOTES REPRESENTED:  28 (two attendees have two lots)

 

 

 

 

Appendix B:  COMMITTEE SIGN-UP SHEET – 2007 Budget Discussion

 

Beautification & Trails Committee:  RJ Johnson Lot 241

Covenant Compliance Committee:  None

Engineering Committee:  None

Forest Management Committee:  None

Neighborhood Watch / Security Committee:  None

Communications Committee:  None

Water Augmentation Committee:  RJ Johnson Lot 241

Welcoming Committee:  None