Bent Tree Property Owners Association (BTPOA)
Board of Director’s Meeting Minutes
Thursday, February 9, 2006, 6:30 p.m.
1. Attendees: Directors: Gail Bates, John Heiser, Kathy Decker. Tim McLaughlin resigned Jan. 14 and Lisa Stahl resigned Jan. 9. Other attendees: Bruce Bates and Jerry Lopez.
2. Minutes of January 14 board meeting: Corrections were noted to paragraphs 5e and 6. Gail moved, Kathy seconded; the revised minutes were unanimously approved.
3. Action Items from the January 14 board meeting:
a) Bruce Bates
1) Prepare ACC Rules and Regulations for inclusion as an appendix in the BTPOA Rules and Regulations. A draft has been prepared and is being reviewed.
2) 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. Bruce reported that Duve was contacted and has not responded despite numerous attempts since then to contact him. John agreed to try to contact Duve for a determination. If Duve continues to be non-responsive, John agreed to contact attorney Lenard Rioth to see if Rioth’s firm, Anderson, Dude & Lebel, could provide legal counsel.
b) Kathy Decker
1) Contact the Curt and Theresa Broeker (Lot 198) to obtain payment of 2005 and 2006 assessments and late fee. Certified mail has been sent and signed for.
2) Arrange for refreshments for the February Budget Meeting. Pending.
c) John Heiser
1) Obtain information from property management companies regarding managing Bent Tree and the attendant costs. Ongoing. See paragraph 7 below.
2) Form a committee and work with them to prepare proposed changes to the Bylaws and Rules and Regulations for compliance with SB05-100. See paragraph 8 below. Obtained info from attorney Lenard Rioth. Committee not yet formed.
3) Prepare a meeting notice and reserve the Woodmoor Barn for the February Budget Meeting. Completed. The barn is now reserved for Thursday, Feb. 16, 6:30 – 10 p.m.
4) Prepare minutes of the September 16 Annual Meeting. Pending. See paragraph 4 below.
5) Prepare the next issue of the Bent Tree Log. Pending. See paragraph 6 below.
d) Jerry Lopez
1) Contact the owners of the 12 lots with excessive water use to see what can be done to correct the situation. Preparing a letter.
2) Prepare an article on excessive water consumption and the potential impact on our augmentation program. Completed.
3) Contact the State Engineer’s Office for a determination as to how landscape water features affect our water augmentation program. Completed. No guidance given.
4) Obtain a second bid for a community-wide well survey. Pending.
e) Sally Lopez
1) Obtain bids for BTPOA bookkeeping and audit services. Expect an audit to cost about $2,000. The first audit may cost more. Kathy agreed to contact tax return preparer Noland Gookin to see what an audit would cost.
2) Arrange for the printing of the family directory. Completed.
4. Status of minutes of the September 16 annual meeting. John has agreed to prepare minutes and plans to have them ready for the Feb. 16 Budget Meeting.
5. Committee Status: Nothing new.
6. Plans for publication of Bent Tree Log and Family Directory: Jerry reported that Sally Lopez is mailing the Directory. John said he will prepare an issue of the Log after the Budget Meeting to carry the approved minutes from the 2005 Annual Meeting and the 2006 Budget Meeting. Kathy suggested Tri-Lakes Printing could prepare the log if we give them the content.
7. Management Company Research: John agreed at the annual meeting to gather additional information to be reviewed by the membership at the February Budget Meeting. He distributed information from Bennett-Shellenberger (phone 471-1703). John reported that he spoke with Bennett-Shellenberger property manager Max Gross. Max lives in Sun Hills and might be the property manager for Bent Tree if we elected to use Bennett-Shellenberger. Max proposed a package of services covering financial management, event scheduling, contract management, 2 or 3 on-site inspections per month, attendance at board meetings, advice on policies to satisfy SB 05-100 and other laws, records management, and an annual insurance review and recommendations. The fee for these services is $5 per lot per month or $60 per lot per year. The following are excluded: legal advice or legal representation, tax advice, audits and financial reviews, architectural or engineering services, law enforcement services, responsibility for compliance with laws, and mediation of disputes. There is a one-time $750 setup fee. Additional services are billed at $75 per hour. The board asked John to seek answers to the following questions
a) What clients like BTPOA do they currently serve?
b) Do they offer or include tax return preparation?
c) Can the $750 be waived since our records are mostly in electronic form?
What is the procedure for canceling the contract?
John said he would obtain similar information from Management Advantage (phone 473-5000) for discussion at the Budget Meeting.
8. Revisions to comply with SB
noted that he attended a NEPCO meeting in January at which Lenard Rioth
discussed compliance with SB 05-100. John said he will be forming a committee
to develop revisions to the BTPOA Bylaws and the BTPOA Rules and Regulations to comply with SB 05-100.
The board unanimously approved a motion by Gail, seconded by Kathy, to adopt the current and any future revisions to the BTPOA Articles of Incorporation, Bylaws, Covenants, and Rules and Regulations (including the draft ACC Rules and Regulations) as the Governance Policies of the BTPOA in compliance with SB 05-100.
9. Well Survey: John distributed copies of a bid from Julia
Murphy for conducting a BTPOA community-wide well survey. Jerry Lopez said he
has been unsuccessful obtaining a second bid. Gail expressed concern that if we
conduct a survey and it shows significantly declining water levels then
property owners would be obligated to disclose that information to potential
buyers, negatively affecting property values. Jerry suggested the BTPOA could
purchase for perhaps $2,000 a laser rangefinder instrument similar to the one
Murphy would use to measure water levels. Individual property owners could use
it to monitor their wells. Concerns were raised that property owners might
damage the instrument, accidentally drop things into their wells, etc.
The question was raised as to whether the BTPOA should pursue the rights to the water under Bent Tree being offered for sale by Bob Moore and Ken Barber. John suggested water rights would be needed if the residents wanted to install a community-wide water system, tie into an existing water system, or if individual property owners wanted to drill deep wells to replace their shallow wells. John agreed to contact Bob Moore to see how much is being asked for the rights.
10. February Budget Meeting Plans: The meeting will be held
Thursday, Feb. 16 at the Woodmoor Barn. The draft agenda was reviewed and
revised. Kathy agreed to obtain information on the BTPOA’s CDs including terms,
rates, rollover dates, and earnings during 2005. John said he will revise the
table showing 2005 actual expenditures and revenue for comparison to the
11. Future Board Meeting Schedule: The next board meeting was set for the 6:30 p.m., Mar. 9, the second Thursday in March, at the Deckers’ house, 17765 Merryhill Court.
12. Any other business or resident
13. Action Items:
a) Bruce Bates
1) Prepare final ACC Rules and Regulations for inclusion as an appendix in the BTPOA Rules and Regulations.
b) Kathy Decker
1) Arrange for refreshments for the February Budget Meeting.
2) Contact tax return preparer Noland Goodwin to see what an audit would cost.
3) Obtain information on the BTPOA’s CDs including terms, rates, rollover dates, and earnings during 2005.
c) 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.
2) Contact Bob Moore to get a cost estimate for the rights to water under Bent Tree.
3) Obtain information from property management companies regarding managing Bent Tree and the attendant costs.
4) Revise the table showing 2005 actual expenditures and revenue for comparison to the budgeted amounts.
5) Prepare minutes of the September 16 Annual Meeting.
6) Form a committee and work with them to prepare proposed changes to the Bylaws and Rules and Regulations for compliance with SB05-100.
7) Prepare the next issue of the Bent Tree Log.
d) Jerry Lopez
1) Contact the owners of the 12 lots with excessive water use to see what can be done to correct the situation.
2) Obtain a second bid for a community-wide well survey.
14. Adjourn. The meeting adjourned about 9 p.m.
Minutes Prepared by John Heiser, President, BTPOA, Feb. 10, 2006.
FINAL MINUTES as approved at BTPOA BOD Meeting, 5/12/06.