Bent Tree Property Owners Association (BTPOA)
Annual Meeting Minutes
Saturday, September 18, 2004
The BTPOA 2004 Annual Meeting was called to order at 2:15 pm. John Heiser, President of the BTPOA Board of Directors, presided.
1. Quorum: After checking roster of attendees, it was established that a quorum was present and the meeting could proceed.
2. Introductions: John Heiser, President of the BTPOA Board of Directors, welcomed the group. The Board Directors present and the property owners in attendance introduced themselves.
3. Protocol: John summarized Robert’s Rules of Order and its’ application in the conduct of the meeting. Earl Saunders and David Wittman volunteered to act as election judges/tellers in all matters requiring balloting. Motion to accept the “tellers” was made by John Anderson, seconded by R.J. Johnson and passed by unanimous consent.
4. Minutes of 2003 Annual Meeting: The 2004 Budget Meeting did not have the required quorum to approve the minutes of 2003 Annual Meeting. The minutes of the meeting were published in the Nov. /Dec. 2003 Bent Tree Log. Additionally, minutes of the 2004 Budget Meeting were presented to all residents of record Jul/Aug 2004 newsletter; extra copies of respective newsletters were available for all in attendance. Joyce Blutt moved and Chuck Loeffler seconded the motion for approval of the minutes of both meetings. The minutes were approved by unanimous consent.
5. ACC Election to fill one 3-year position: Joyce Blutt, ACC chairperson, described the ACC position responsibilities and amplified on the ACC’s functions. Chet Sulewski added background comments on the necessity and importance of the committee. No nominations for the position were received prior to the meeting. Dan Bossie was nominated from the floor and Earl Saunders volunteered his nomination but subsequently withdrew; there were no further nominations. Bruce Bates moved and Chet Sulewski seconded the nomination and Dan was elected by acclamation.
6. Election of Directors: Two positions on the Board of Directors were up for election; both positions were for three years. No nominations were received prior to the meeting. Kathy Decker and Tim McLaughlin were nominated from the floor. No further nominations were received. Greg Pellett moved and Chet Sulewski seconded the nominations and Kathy and Tim were elected by acclamation.
7. Treasurer’s Report: Ken Blutt presented the Bent Tree financial report. The report was made available to all in attendance. As of 18 September 2004, Total Assets are $81,414 and Total Liabilities and Equity are $81,414. For the current year, to date, the BTPOA’s Total Income is at $21,653.04, (annual dues accounting for $18,767.00) and Total Expenses are $15,833.57 (water augmentation, builder’s holding account, printing, postage and office supplies being the major expense items). Gerald Neufeld moved and Earl Saunders seconded the motion to accept the Treasurer’s report as given. The motion passed by unanimous consent.
8. Water Augmentation Report: Bent Tree does not own the water we use; therefore, the water owned by downstream users is augmented for by a plan written into law by the court system. For this reason, an annual report is required showing the number of improved lots in the community, the amount of irrigated sod in the development, and meters in Bent Tree IV. Ken Blutt is in the process of preparing this report. Negotiation with the Great Divide Water Company in last quarter of 2003 resulted in the cost of operations being allocated by number of lots rather than number of class A shares. Passing this measure at the annual meeting, significantly reduced Bent Trees’ costs, $8,897.36 versus $12,240 of last year.
9. Covenant Compliance Discussion: Steve Fuhrmann provided handouts regarding Covenant Compliance Committee (CCC) activity, issues and the proposed “Rules and Regulations of Bent Tree”. Copies of the covenants for Bent Tree I&II, III, and IV&V were also made available at the meeting. There was considerable discussion regarding the process for changing covenants, and it was pointed out that the covenants are a legal and binding document that can only be changed or amended according to the process described in the covenants. Changes can be made at any time, but would require a ¾ vote of approval of all property owners. It was also pointed out that the covenants are open to change, revision, or deletion via a simple majority vote of the property owners 25 years after they were first filed – which would be in 2009 for Bent Tree I&II, and later dates for the other filings. If no action is taken at that time, the covenants will automatically renew in their present form for another 10 years. It was noted that no changes were made to the covenants at the time they were turned over to the BTPOA by the developer. It was also pointed out that the majority of CCC activity this past year, and presently, has dealt with the vehicle parking issue. Over the past year, forty (40) vehicle parking issues have been resolved; sixteen (16) remain ‘open’. The vehicle parking covenant and associated issues were discussed at some length. Steve Fuhrmann indicated that the enforcement of this covenant has been done in a manner that allows for reasonable, temporary parking of vehicles outside. The CCC has drafted Rules and Regulations that spell out specific enforcement procedures. The “Rules and Regulations”, a supplement to the covenants, are designed to clarify how certain covenants will be enforced. The BTPOA, as the governing body of the homeowners association, has the authority to write and approve such rules and regulations, as provided by the “Common Interest Ownership Act”, under Colorado’s State Statutes. The draft Rules & Regulations have been presented to the BTPOA Board for review and approval. John Heiser requested that anyone having input or comments on the draft provide feedback to the Board and/or the CCC by December 1, 2004. The Board will then consider the Rules & Regulations for final approval at their January 9, 2005, meeting. The draft will be posted at the Bent Tree web site (www.nepco.org/benttree). There was further discussion regarding various ways for residents with “extra” vehicles to properly screen them, and comply with the parking covenant. Screening with ACC approved fencing and/or vegetation & landscaping is one commonly used alternative. Such screening must prevent the vehicle(s) from being seen from public roads, and from neighboring homes. Steve pointed out that, if the vehicle(s) can’t be seen from the road, then the CCC will take no enforcement action, unless they are visible by neighbors AND a complaint is lodged by those neighbors. Other alternatives, besides screening, include clearing existing garage space of other stored materials, and storing materials – or seldom used vehicles – off site. Another questioned the prohibition on the riding of ATVs, dirt bikes, etc. in Bent Tree, and how/if it is enforced. It was explained that riding such vehicles on lots is not allowed by covenants, and that riding any such vehicles on public roads is in violation of State and County laws, unless the vehicles are properly licensed. On-property situations should be referred to the CCC, while riding of unlicensed vehicles on roads should be reported to the El Paso County Sheriff’s office. A number of the CCC volunteers are stepping down from the committee, and Steve Fuhrmann made a plea for volunteers. Committee sign-up sheets were made available for residents present. Anyone wanting to volunteer should notify John Heiser or any other BTPOA Director.
10. Forestry Discussion: John Anderson, chairman of the Association’s Forest Management committee, outlined the committee’s mission in the community. It has been brought to the attention of the committee that trees in the development may be infested with Mountain Pine Beetle (MPB) and/or Dwarf Mistletoe, constituting a serious threat to the community. Preservation and protection of the health and beauty of the forest requires the education of our homeowners and recommendations of the resources needed to manage what we have. Our covenants state “Owners are responsible for prompt treatment or removal of trees infected…” In the case of the MPB, Colorado Revised Statutes, Article 4, Title 35, Para. 35-4-107, states that “you must remove and destroy the tree(s) of concern…failure to comply could ultimately result in a lien being placed on your property by the County.” In addition, you could be subject to litigation by neighboring property owners for harboring a nuisance. Pamphlets of information and surveys were sent out with the most recent BT LOG, specifically addressing the beetle and mistletoe threat in our area. John indicated that about 29 lots in Bent Tree are infested, approximately 50% of those lots presently vacant. The El Paso County Forestry and Noxious Weed Division, as well as a number of tree services in the area, can/will work with you to determine if you have an infestation problem and provide recommendations for mitigation. Survey results and useful phone numbers will be posted on the Website.
11. Trail Upkeep: Bent Tree trails have been recently mowed and weeded. Lillie Saunders added that bobcat services should be secured to regrade the trails. Question was raised as to whether or not the Association had liability insurance coverage. John Heiser and Ken Blutt affirmed general liability coverage does exist. The west Colonial Park entrance’s “site triangle” is still missing an “N” in the sign. George Saunders will check out the “N” problem and get the necessary letters to replace the “BENT TREE” in the monument.
12. Other Business: Concern was raised due to vehicles ‘speeding’ on the streets in Bent Tree, particularly on Scottswood Drive. John Heiser pointed out that this is a sheriff’s issue and, when observed, notifying the sheriff’s office will bring their attention to monitoring.
13. Drawing for Door Prizes: Randy Mason won $100.00; Elizabeth Bryson won a decorative platter (donated by Pankratz Studios & Gallery, Monument); and Robert Jackson won two trellises (donated by High Country Store, Monument).
Minutes prepared by Jerry Wagner, Secretary, BTPOA, September 16, 2003.