Bent Tree Property Owners’ Association, Inc.

P.O. Box 2631

Monument, Colorado 80132-2631

John Heiser, President - (719) 488-3455 –

On the web at

2009 Annual Meeting Minutes


Thursday, September 17, 2009, 6:30 p.m. – 8:30 p.m., YMCA


1.      Opening comments, conduct of the meeting, determination of quorum –At 6:42 p.m. – BTPOA President John Heiser announced that based on a count conducted by Steve Fuhrmann, the quorum requirement for 39 lots represented in person or by proxy was satisfied. Everyone introduced themselves.

2.      Approval of the agenda and acceptance of the election officials - Bill Owens moved to approve the agenda. Mark Wester seconded. All approved. Duane Fitch moved to accept Steve Fuhrman and Ron Britt as election officials, Rick Smith seconded, all approved.

3.      Approval of the minutes of the February 12, 2009 Budget Meeting - Duane Fitch moved to approve the draft minutes from the February budget meeting as mailed to the membership. Bill Owens seconded. All approved.

4.      ACC Report - Mark Wester, the acting ACC chair, explained the role of the ACC. He also introduced fellow ACC member Ron Restanio. Mark stressed that the ACC is striving to be more responsive and consistent with their decision-making. John Heiser noted that the ACC is also working to add an appendix to the BTPOA Rules and Regulations to document ACC policies.

5.      ACC Election – The election was needed to fill one 3-year position currently occupied by Ron Restanio. The new term ends at the 2012 Annual Meeting. Ron agreed to stand for re-election. John Heiser called for other nominees, none were offered. Bob Hostetler moved to re-elect Ron, Ed Herlik seconded, all approved.

6.      Board of Directors Election – The election was needed to fill two 3-year positions currently occupied by John Heiser and David Nix. The new term of these positions ends at the 2012 Annual Meeting. Both John and David agreed to stand for re-election. John turned the floor over to Duane Fitch to conduct the election. Duane called for other nominees, none were offered. Ron Britt moved to re-elect as a slate John and David, Bill Owens seconded, all approved.

7.      Water Committee Report–John Heiser turned the floor over to Water Committee chair Jerry Lopez. Jerry explained the reporting requirements to the State Engineer’s Office. He also explained how important returning the water usage cards is in reducing our costs to purchase water from Great Divide Water Company, which implements our water augmentation program.

8.      Forest management update on tree inspection – John Heiser turned the floor over to David Nix. David talked about the Colorado State Forest Service tree inspection conducted in April. Duane Fitch moved that we conduct a tree inspection again next year. Ron Britt seconded. All approved. John Heiser turned the floor over to John Anderson who reviewed some fire and beetle mitigation strategies and noted that several related documents are available on the BTPOA web site.

9.      Financial Report – John Heiser presented the attached financial report.

10.  Status of rewrite of the Covenants for Filling I and II – John Heiser turned the floor over to board member Mike Mastrodonato who has been coordinating the covenant rewrite effort. Mike presented information from the covenant re-write committee. Mike noted that since it is approaching 25 years since the covenants for Bent Tree Filings I and II were originally filed, there is an opportunity to change the covenants with an affirmative vote by a simple majority of the owners of the lots in those two filings. Mike handed out a paper that contained a proposed change to the covenants that would allow vehicle parking in front of residences under certain specified circumstances. Mike said that the BTPOA’s attorney, Steve Lebel, had suggested that rather than attempt to change the covenants to define the circumstances under which such parking is allowed, that the board could adopt a variance procedure in its rules and regulations and could grant variances to allow parking in special circumstances without a change to the covenants. Ron Britt moved to have the board pursue a variance procedure with regards to parking. When the motion was voted, 46 were in favor, 7 were in opposition. John Heiser noted that the board would circulate any proposed variance procedure for comments by the property owners before the board considers including it in the Rules and Regulations.

11.  Any other business and adjournment – At 8:55 pm, there being no further business, a motion to adjourn was unanimously approved.


Submitted by David Nix, October 7, 2009

Revised by John Heiser, November 9, 2009

Approved at the Annual Meeting, September 16, 2010