Bent Tree Property Owners’ Association

Board of Directors’ Meeting Minutes

October 8th, 2007

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



Attendees:  Board Members:  John Heiser, Tom Hilfers, Chris Patterson, Debbi Maser

Others:  Jim Burling, Micci Burling, Mike Jensen, Jerry Lopez, Jim Maser, Mike Ressler


1)        Approval of Agenda with Continuation of Annual Meeting, September 13th, 2007

2)        Election of BOD Officers

a)       Motion was made by John Heiser and seconded by Debbi Maser, and all votes were if favor, with Duane Fitch abstaining, to nominate the following BOD officers:

                                                  i.      President:  Duane Fitch

                                                ii.      Vice President:  John Heiser

                                              iii.      Treasurer:  Chris Patterson. 

                                              iv.      Secretary:  Debbi Maser

                                                v.      Member at Large:  Tom Hilfers

3)        Review and approval of September 10th, 2007 Board of Directors Meeting Draft Minutes

a)      Motion was made by John Heiser to approve the September 10th, 2007, Board of Directors Meeting Draft Minutes; seconded by Chris Patterson, and all votes in favor.

4)        Review and approval of September 13th, 2007 Annual Meeting Minutes

a)      Draft Minutes provided for review and input regarding discussion and decisions from the Annual Meeting.

5)        Hearing(s) if any

a)      Six owners had been sent hearing notices regarding lack of response to the required water information.  Prior to the BOD Meeting, three owners had responded, so they were excused from the hearing. The other residents who had been called to the hearing did not attend, and motion was made by Debbi to hold the hearing without their presence, iaw our R&R’s, and motion was seconded by John Heiser, and all votes were in favor.   Hearing was held and ruling by the BOD was that these owners would be fined $100, unless they responded to the BOD with the required information by the suspense date.


6)        ACC Report:  Duane Fitch

a)      Lot 165 – Duane stated that the ACC is working with the owner regarding revised plans to submit to the ACC for approval.  October 8th, 2007:  ACC continuing to work with owners and has not received their revised plans.

b)      Lot 52 – Dead trees on lot.  Action for CCC to send letter to owners to remove their dead trees within 30 days.  Completed.

7)        Treasurer’s Report: Debbi Maser

a)      Bills paid:

                                                  i.      9/27/06:  Autopay for Mt. View Electric $34.00

                                                ii.      Ck #2354, 9/10/07 - Monument Sanitation District Mtg $15.00

                                              iii.      Ck #2355, 9/10//07 – Reimbursement $278.94

                                              iv.      Ck #2356, 9/16/07 – Reimbursement $122.55

                                                v.      Ck #2357, 9/21/07 – Anderson, Dude, Lebel Legal Services $40.00

                                              vi.      Ck #2358, 9/24/07 – Red Oaks, LLC $500.00 (August bill)

                                            vii.      Ck #2359, 9/29/07 – Van Gilder Insurance $1549.00

                                          viii.      Ck #2360, 10/05/07 – Red Oaks, LLC for $500.00

                                              ix.      Ck #2361, 10/8/07 - Monument Sanitation District Mtg $15.00

b)      Deposits made:  $600 fine for covenant violation received and deposited.

c)      Renewal of CDs:  Motion was made by John Heiser and seconded by Duane Fitch to renew CDs at the best rate / term.  All votes were in favor.  Action for Debbi/Chris to renew the BTPOA CDs.  Completed. NOTE:  Interest rates are lower now due to the market changes. 

d)     As the new BTPOA Treasurer, action for Chris to be added to the BTPOA bank accounts and Debbi to be removed.  Completed.

8)        Committee Reports

a)      BEAUTIFICATION AND TRAILS:  BOD Liaison - Tom Hilfers – John Stahl CC

                                                  i.      The BOD expressed dissatisfaction with the work that was contracted for trail enhancements.   There has been no visible progress, work to be done has not been completed, and there were concerns regarding payment of $2500 but not receiving / seeing the expected improvements.  July 9th, 2007:  Action for Tom to contact John Stahl to follow up on this and bring status and resolution to next BOD meeting.  August 13th, 2007:  Pending.  September 10th, 2007:  Still pending although it looks like some work is planned as the Sullivan equipment has been parked in Bent Tree.  October 8th, 2007:  It appears that there has been no progress by Sullivan.  Action for Duane to work with Tom and John to resolve, and to provide estimate of costs for 2008 proposed budget.

                                                ii.      Discussion regarding landscaping maintenance and / or additional future work needed.  June 11th, 2007: Action for Tom Hilfers to work with the Beautification and Trails Committee to define needs and budget requirements.  September 10th, 2007:  Pending approval of 2008 budget.  October 8th, 2007:  Tom not at BOD Meeting to provide status.

                                              iii.      Chris Patterson stated that various entrances have burned-out lights...  September 10th, 2007:  Chris took action to replace the lights.  October 8th, 2007:  Completed.

b)      COVENANT COMPLIANCE:  BOD Liaison - Duane Fitch / Jim Maser CC

                                                  i.      One lot needs help with removal of a satellite dish.  June 11th, 2007: Action for Dr. Hatfield to work with owner to resolve this.  September 10th, 2007:  Pending.  October 8th, 2007:  Pending.

                                                ii.      Multiple lots have dead trees on them.  BOD discussion and decision that dead trees are a nuisance and detract from the beauty of Bent Tree and that they need to be removed by the owners.  June 11th, 2007: Action for CCC to notify Red Oak to send notices to owners with dead trees of this decision by the BOD, and that owners may contact the BOD if they need help removing dead trees.  Red Oaks has been notified to prepare and send letters but CCC has not received status or responses from Red Oaks.  September 10th, 2007:  Action for CCC to review and ensure letters are sent as needed for this as Red Oaks hasn’t sent yet.  October 8th, 2007:  Pending Red Oaks action.

                                              iii.      Letters have been sent out by Red Oaks, LLC, for trash cans left outside, for trailers, for nuisance lights, moped ridding, nuisance noises from dogs barking, skateboard ramps and garage bands.  If these are not cured, hearing notices will be sent to the owners. 

                                              iv.      There was discussion regarding interpretation and fairness in citing parking violations, as these are the most common violations noted by the CCC and Red Oaks’ tours, and where most of our covenant enforcement costs go.  The Bent Tree R&R’s do allow for day visitors, and therefore there is a strong possibility that cars that are outside during the tours may be allowed under the interpretation in the R&R’s.  The clarification was provided, and was addressed at the Annual Property Owners’ Meeting, that it is Bent Tree residents’ vehicles that are parked outside that are covenant violations.  If owners have regular visitors such as babysitters, housekeepers, etc., these do not need to be cited but the CCC needs to know about them.   September 10th, 2007:  Action for Red Oaks to include comments in all parking letters that she sends asking if the vehicle cited was due to a regular and repeat visitor, and if so, to notify Red Oaks and the CCC of the make and model of the vehicle and it’s purpose, so that it wouldn’t be cited again.  October 8th, 2007: BOD discussion regarding potential actions to take as a result of the Annual Meeting where residents in attendance unanimously voted for the BOD to change the R&Rs to allow multiple vehicles outside to allow for college students home for summer or holidays, which would be addressed at the December BOD Meeting.  Since the covenants have not been changed, Action for CCC to notify Red Oaks to continue to send out letters for parking violations.  Completed.

·         John Heiser suggested that owners would be asked for their input regarding parking with the following proposed choices:

1.      Owner does not want to change the current covenants.

2.      Owner would like to change the covenants to allow one car to be parked outside.

3.      Owner would like to change the covenants to allow two cars to be parked outside.

·         Duane said decision to change the current covenants and/or R&R’s would require at least 51% of the owners (lots) to respond to the survey.  If 51% of the owners responded, then the BOD would proceed with the process to send out a ballot to all owners asking if they wanted to change the covenants.  If there was less than 51% response to the initial survey, then the BOD would drop the issue.

                                                v.      Contract with Red Oaks Associates, LLC, will be coming up for renewal.  Concern was expressed regarding the timeliness and accuracy of Red Oaks.  October 8th, 2007:  Action for Duane (BOD Liaison to CCC) to schedule a meeting with Jeanne and the CCC members to review the year’s activities, progress, and concerns and then determine if Bent Tree should renew the contract with Red Oaks. 

c)      DIRECTORY AND WEBMASTER:  BOD Liaison / Debbi Maser – Steve Fuhrmann CC

d)     ENGINEERING:  BOD Liaison – John Heiser

e)      FOREST MANAGEMENT:  BOD Liaison – Tom Hilfers / John Anderson CC

f)       NEIGHBORHOOD WATCH:  BOD Liaison - Chris Patterson

                                                  i.      Chris provided summary of various activities in the neighborhood, to include sheriff presence was due to preventative action in neighboring sub-division, and that information had been publicized regarding issues with a resident in Bent Tree.  Question was raised whether or not that information could or should be posted on the Bent Tree website, and BOD agreed that legal advice was needed.  September 10th, 2007:  Action item and approval for Chris to contact the BTPOA lawyer to determine if this was appropriate.  October 8th, 2007:  Resident de-registered as he’s out of town, but is required to re-register when he returns, and Chris will monitor this.


g)      BTPOA COMMUNICATIONS:  BOD Liaison – Debbi Maser

                                                  i.      Fall mailing of a Bent Tree Log?  September 10th, 2007:  Action will be to do a fall mailing after the 2007 Annual BTPOA Owner’s Meeting and include the approved minutes of that meeting.  October 8th, 2007:  Desire is to publish the Log and distribute prior to Thanksgiving. Discussion regarding subjects to include in mailing, specifically to include a survey to all owners asking for their input on the parking covenants and R&R’s, request for owners to sign up for the Bent Tree mail group to receive communications electronically, and to provide fire mitigation information.

h)      WATER AUGMENTATION:  BOD Liaison – John Heiser / Jerry Lopez CC

                                                  i.      Status of owners’ irrigated space surveys: October 8th, 2007:  Six owners had not complied with the multiple requests from the BOD to provide this information, and therefore had been sent hearing notices for this BOD meeting.  Three owners provided the required information prior to this meeting.  Motion was made by Debbi and seconded by John to hold the hearings for those who hadn’t responded without their presence and all votes were in favor.  After discussion, decision was that owners would be notified that if they didn’t provide the required information to the BOD or Water Committee, they would be fined $100.  Action for Debbi to send hearing decision letters to these three owners. Completed.

                                                ii.      Owners with greater than 2000sf of irrigated space: October 8th, 2007:  In accordance with Bent Tree covenants, no more than 2000sf of irrigated space is allowed per lot.  Owners who reported they had more than 2000sf would be given the option of reducing their irrigated space to be compliant with the 2000sf,  or to install two meters – one for external usage, and one for total usage, and that these meters needed to be externally readable, and that permission would be granted for a BOD or Water Committee person to go on their property to read the meter.  Owners would be given till October 31, 2007 to comply with this requirement or they would be fined $500 per month.  Action for Debbi to send letters to these lots notifying them of the BOD’s decision and the required actions.  Completed.

                                              iii.      Owners of the lots designated in our Colorado Court Decree and in the Bent Tree Covenants to have externally readable meters: October 8th, 2007:  It is a covenant requirement tied to these specific lots to have an externally readable meter.  Action for Debbi to send letters to these lots notifying them that working externally readable meters need to be installed by October 31, 2007, and that permission would be granted for a BOD or Water Committee person to go on their property to read the meter.  Owners to also be notified that the first meter reading would be required by November 30, 2007.  Owners would be given till October 31, 2007 to comply with this requirement or they would be fined $500 per month.  Completed.

                                              iv.      Meter readings of the lots designated in our Colorado Court Decree and in the Bent Tree Covenants to have externally readable meters: October 8th, 2007:  Several lots have not provided their meter readings to the BOD or Water Committee.  Duane took the action to assign reading of these meters to BOD members to be completed as soon as possible.  Completed.

                                                v.      Great Divide Information:  October 8th, 2007:  Jerry provided summary that the invoices would be out December 1, 2007.  He expects the invoice to be about the same, but it depends on replacement costs and that info will impact the annual cost of water usage.  There are also costs associated with stronger pumps, as well as electric lines with increased power capabilities.

i)        WELCOMING:  BOD Liaison – John Heiser / Wayne Claybaugh CC

                                                  i.      October 8th, 2007:  Debbi provided name of new volunteer for the Welcoming Committee who had signed up at the Annual Meeting to RayJean Claybaugh.

9)        Future Board Meeting schedule

a)      Next BTPOA BOD Meeting will be held November 12th, 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

a)      Mike Ressler stated that by attending this meeting, he was able to attain an appreciation for the time and effort put into the BTPOA matters and wanted to thank the BOD members for their time and efforts and support.



Meeting adjourned at 10:00 pm

Minutes prepared by Debbi Maser, BTPOA Secretary / Treasurer, 11/04/07