Bent Tree Property Owners’ Association

Board of Directors’ Meeting Minutes

March 12th, 2007

Monument Sanitation District Office, 130 2nd St., Monument



Attendees:  Board Members:  Duane Fitch, John Heiser, Tom Hilfers, Debbi Maser, Chris Patterson (upon affirmation)

Others:  John Anderson, Matt Dunston, Sean Fitzpatrick, Jerry Lopez, Sally Lopez, John McCollough, Howard Schmitz, Wayne Tulley


Meeting was called to order at 7:15pm with Duane Fitch presiding.

1)        Appointment of Chris Patterson to the Board of Directors

a)      Motion was made by John Heiser and seconded by Debbi Maser, and all votes in favor of appointment of Chris to the BOD.

2)        Review and approval of February 12th 2007 Board of Directors Meeting Draft Minutes

a)      Motion was made by John Heiser and seconded by Chris Patterson and all votes in favor of approving the minutes.

3)        Review and approval of February 15th 2007 Annual Budget Meeting Draft Minutes

a)      John Heiser clarified that since there was not a quorum, this could not be called an official meeting, and therefore we could not have official minutes. BTPOA records should reflect that these are notes from the discussions held with the property owners that were present.  Motion was made by John Heiser and seconded by Chris Patterson to approve these notes with the corrected description and formatting corrections.  All votes were in favor.

4)        ACC Report

a)      Tom Hilfers (ACC Chairman) presented Lot 165 building concerns.  Plat maps were reviewed, as were comments the ACC had received from owners of adjacent lots regarding the leach field and placement of the septic system and location of trees in relation to the house.  The ACC cannot approve the plans until it knows where the septic system will be.  There was also discussion regarding claims that there was slash buried on this lot. All of these comments, discussions and concerns ended with Tom taking the action to follow up and report at the next BOD meeting.

b)      It was noted that it appears that Bent Tree does not have an easement on some of the lots (i.e., Lot 175).  This needs to be addressed with the ACC and the owners, and then (if agreed to) would have to be corrected with re-filing the plat maps with the county.  Howard Schmitz took the action to research this.

c)      Debbi gave Tom a hard copy of the ACC request from Lot 123 requesting phase 2 of their landscaping to follow up on the email she had previously sent to the ACC members.

5)        Treasurer’s Report:

a)      Status of mailings for the annual dues: Debbi reported that as of March 1st, 2007, annual dues had been received for 251 lots, leaving six lots outstanding.  Second late notices had been sent to these six on March 5th, 2007.  

b)      Payment of bills:

                                                  i.      Ck #2305, 2/20/07 – Reimbursement: $105.32

                                                ii.      Ck #2306, 2/28/07 – Mt. View Electric: $31.00

                                              iii.      Ck #2307, 3/7/07 – Red Oaks, LLC: $530

                                              iv.      Ck #2308, 3/7/07 – Reimbursement: $19.99

c)      BTPOA tax preparation. John Heiser contacted the BTPOA CPA (Nolan Gookin) and requested an extension for the 2006 HOA tax filing due to the treasurer transitions that had taken place in 2006.  John also volunteered to take the action to review the 2006 records to gather the requisite information for filing.

d)     John stated that there is one lot under foreclosure in Bent Tree and that Lebel had contacted us to ask if the BOD wanted to incur the expense of researching where the HOA would be in line to be paid its outstanding funds.  After discussion, John made a motion that the HOA not pursue this due to the expense and low potential of return.  Motion was seconded by Duane and all votes were in favor.  At this time, Matt Dunston asked if the BOD would consider letting him have a week to research the information on this property and potentially pay off what was due to the HOA   After discussion, the BOD suggested that John Heiser provide Matt the information we had and that Matt have one week to determine if he wanted to take action.  Motion was made by Duane and seconded by Tom and all votes were in favor to give Matt action to notify the BOD of his decision within one week.

6)        Committee Reports

a)      BEAUTIFICATION AND TRAILS:  BOD Liaison - Tom Hilfers.  Tom stated that John Stahl had suggested that we contract with Sullivan to do the trail improvements and the maintenance.  The BOD asked Tom to remind John Stahl that he had been given authorization to expend up to $4600 for trail improvements.  If he wants to do more, he needs to bring his proposal to the BOD for consideration.  John Heiser noted that we had included $5100 in the proposed budget for Beautification and Trails.

b)      COVENANT COMPLIANCE:  BOD Liaison - Duane Fitch.  Red Oak, LLC provided the February Tour Report and copies of letters she had sent to owners to Duane. The CCC had not received copies of the letters sent out by Red Oak, LLC, so Duane took the action to forward these to the members of the CCC.

                                                  i.      Motion was made by John Heiser to postpone the hearing that was scheduled for this meeting because letters had been sent to the property address instead of the legal address of the owner and that correspondence needs to be sent to the address of record.  Motion seconded by Chris Patterson and all votes were in favor.  Action assigned to Debbi to provide Red Oak, LLC with the correct legal address so Red Oak, LLC can resend the letters.

c)      ENGINEERING:  BOD Liaison – John Heiser. No status to report.

d)     FOREST MANAGEMENT:  BOD Liaison – Tom Hilfers.  John Anderson requested his letter regarding the beetle issues go out as soon as possible.  After discussion, it was agreed that his letter would be included in the mailing with the directory to save mailing costs.


f)       BTPOA COMMUNICATIONS:  BOD Liaison – Debbi Maser.  All change of ownership information received thru the dues payments or deed transfer notices has been provided to Steve Fuhrmann for the 2007 Bent Tree directory update.  Spring mailing from the BOD will include the following:

                                                  i.      Letter from Duane, President of the BTPOA BOD.

                                                ii.      John Anderson’s letter (already posted on the website).

                                              iii.      Jerry Lopez’s generic water usage letter will go out to all owners and lot-specific over-usage letters will be included for those specific owners.

                                              iv.      Letter will be included asking owners for their input on BTPOA parking covenants.

g)      WATER AUGMENTATION:  BOD Liaison – John Heiser.  Jerry Lopez received the BTPOA bill from Great Divide Water Company for $9,158.48.  Motion was made by John Heiser and seconded by Duane Fitch to approve payment and all votes were in favor.

                                                  i.      Discussion regarding content of the letter to be included with the mailing to all Bent Tree owners and how to address the serious water over-usage issues we have on some lots. 

                                                ii.      Jerry requested that the BOD require annual meter readings.

                                              iii.      Discussion / request for BOD direction re. irrigation of 2000 sq ft turf or garden at 1.5 sq-ft per acre and that fire mitigation does not require water (e.g., rock).

                                              iv.      Jerry and Sally adamantly expressed the need for owner education and to be proactive and compliant with the Bent Tree water allotments, and that we need to come up with an equitable method to resolve this by this summer.


                                                v.      Matt Dunston suggested hiring a plumbing company to install meters at the HOA’s expense, and Jerry countered that it is more critical to do surveys of every lot each year.  Wayne Tully suggested that external meters be put on the sprinklers.  Matt Dunston said he doubted that the non-metered Bent Tree owners would agree to have meters installed.  Jerry stated it is his estimate is that it would take two people and the owner about two hours per lot to determine irrigated square footage.  Sally suggested that this discussion be tabled for now and that Jerry come back to the BOD with suggested proposals.

h)      WELCOMING:  BOD Liaison – John Heiser.  Welcome packages have been sent to all new owners and, to John’s knowledge, they have all been contacted by the Welcoming Committee.

7)        Review action items from minutes of previous board meetings:

a)      October 9th, 2006 Action Items:

                                                  i.      Debbi Maser to replace Kathy Decker as the Bent Tree “registered agent.”  John Heiser made a motion to defer this until BTPOA files its annual statement.  Motion seconded by Debbi Maser and all votes in favor.

                                                ii.      Board members to develop a list of changes needed to the Rules and Regulations and circulate proposed changes to board members at least a week before the next meeting. Deferred to April meeting.

b)      November 13th, 2006 Action Items:

                                                  i.      Audit of the BTPOA financial books.  Postponed.

                                                ii.      Duane Fitch to work with BOD to determine that specific measurements of each lot be obtained to ensure that no more than 2000 sq ft turf or garden at 1.5 sq-ft per acre are irrigated.  In process.

                                              iii.      Duane Fitch to work with BOD to clarify and document that the intended definition of “pool” is any body of water that is replenished in some way, and to monitor this.  In process.

                                              iv.      Duane Fitch to work with BOD to ensure that water meters are externally accessible and the owners who do not currently have these will be notified that they need to correct this at their expense.  In process.

                                                v.      Duane Fitch to work with BOD to send notification to the 15 lots who are over their allotted water usage and require a corrective action plan to be defined, documented and approved.  These owners will be sent separate letters with the Spring mailing.

                                              vi.      Duane Fitch to work with BOD to establish process to monitor water usage improvement, and to implement more frequent meter readings than the annual schedule currently in place is required.  In process.


c)      February 12th 2007 Action Items:

                                                  i.      Various actions assigned for preparation for Annual Budget Meeting. Completed

                                                ii.      Tom Hilfers to contact John Stahl for status on Beautification and Trails Committee. Completed.  Status provided in Section 5A.

                                              iii.      CCC to document process to include in revised R&R’s, and to provide email addresses for contacting Red Oak and/or CCC members for Steve to post on the website. In process.

8)        R&R recommended changes

a)      Deferred to April meeting.

9)        Future Board Meeting Schedule.  Next BOD meeting is scheduled for April 9th, 2007, at 7:00pm, at the Monument Sanitation District Office, 130 2nd St., Monument.

10)    Any other business

11)    Resident remarks, if any, on topics not on the agenda

12)    Hearings (if any)  Cancelled

13)    Summary of action items

a)      Howard Schmitz to research and provide information back at the BOD meeting regarding the lack of Bent Tree easement.

b)      Tom Hilfers to report at the next BOD meeting on status of Lot 165 building issues.

c)      John Heiser to review the BTPOA financial records to gather the requisite information for filing our 2006 taxes.

d)     John Heiser to provide Matt Dunston information regarding the Bent Tree property that is in foreclosure, and for Matt to notify the BOD of his decision within one week.

e)      Duane to forward Red Oak, LLC’s February Tour Report and letters to the members of the CCC.

f)       Debbi to provide Red Oak, LLC with the correct legal address of the previously cited property so Red Oak, LLC can resend letter.

g)      Jerry to bring proposals to the next BOD meeting on how to determine irrigated square footage per lot.



Meeting adjourned at 9:00 pm.

Minutes prepared by Debbi Maser, BTPOA Secretary / Treasurer, 4/3/07

Minutes approved at BTPOA BOD Meeting 4/9/07