Bent Tree Property
Owners’ Association
Board of Directors
Meeting Minutes
Tri-Lakes-Monument Fire Rescue Authority Station
#1, 18650 Highway 105
Attendees: Board Members: John Heiser, Gail Bates, Kathy Decker, Debbi Maser and Duane Fitch.
Others: John Anderson, Steve Furhman, Bruce Bates, Jim Maser, and Chuck Loeffler.
Meeting was called
to order at
1) Resident remarks, if any:
a. None
2) Terms of newly appointed board members:
a. Motion was made by Gail Bates to appoint Debbi Maser as BOD Secretary with term thru 2008. Motion was seconded by Kathy Decker, and was approved by Gail Bates, Kathy Decker, Debbi Maser, and abstained by John Heiser.
b. A motion was made by Gail Bates to appoint Duane Fitch BOD Vice President with term thru 2007. Motion was seconded by Debbi Maser, and was approved by Gail Bates, Kathy Decker, Debbi Maser, and abstained by John Heiser.
3) Review and revise minutes of May 12 board meeting:
a. Gail
Bates noted that the minutes incorrectly reflected the allotted time for BOD
for Annual Meeting Plans (Item 12a) as two hours (
b. A motion was made by Gail Bates to modify the minutes accordingly. Motion was seconded by Debbi Maser, and approved by Gail Bates, Kathy Decker, Duane Fitch, Debbi Maser, and abstained by John Heiser.
c. Gail Bates noted that the minutes incorrectly reflected five minutes per resident for discussion in the Annual Meeting Plans (Item 12c), instead of two.
d. A motion was made by Gail Bates to modify the minutes accordingly. Motion was seconded by Debbi Maser, and approved by Gail Bates, Kathy Decker, Duane Fitch, Debbi Maser, and abstained by John Heiser.
e. No other comments or corrections were noted for the minutes.
f. A motion was made by Gail Bates to approve the minutes as amended. Motion was seconded by Debbi Maser, and approved by Gail Bates, Kathy Decker, Duane Fitch, Debbi Maser, and abstained by John Heiser.
4) Review action items from the May 12 board meeting:
a. John Anderson
i. Provide the secretary with an update to the forestry article published in a previous edition of the Bent Tree Log for inclusion in the next Log. Completed with action and authorization for BOD Secretary to mail letters to all residents as quickly as possible.
ii. Prepare language regarding the need for tree maintenance for potential inclusion in the BTPOA rules and regulations. Completed.
b. Gail Bates
i.
Review revised covenant enforcement procedures and
provide recommendations on changes and implementation schedule. Refer to agenda item #6 of the June 9th
meeting.
c. Kathy Decker
i. Book the Woodmoor Barn for the September 14 Annual Meeting. Completed.
ii. Arrange for refreshments for the September Annual Meeting. Pending.
iii.
Contact tax return preparer Noland Goodwin to see what
an audit would cost. Completed.
Noland Goodwin will not do this.
Kathy took action to have a review of the books completed within 30 days
(NLT
iv.
Obtain information on the BTPOA’s CDs including terms,
rates, rollover dates, and earnings during 2005 and transfer funds as needed to
create a 6-month and a 12-month CD. Completed.
Two CD accounts were set up with alternating maturity dates - 12-month
CD (~ $37K) at 5%, and a 6-month CD (~ $21K) at 4.75%.
v. Provide appropriate language regarding usage restrictions for inclusion in the next publication of the directory. Completed. Language was provided to John Heiser who provided BOD with copy of Legal Notice on usage of directory information to be included in next publication of the directory along with verbiage to be added to the BTPOA Rules and Regulations.
d. John Heiser
i. Contact Bob Moore to get a cost estimate for the rights to the water under Bent Tree. OBE.
ii. Obtain information from property management companies regarding managing Bent Tree and the attendant costs. Pending.
iii. Form a committee and work with them to prepare proposed changes to the Bylaws and Rules and Regulations for compliance with SB05-100. Committee has not met yet.
iv. Include an Annual Meeting agenda item to confirm board member appointments and to set their terms. In process as part of Annual Meeting preparation.
v. Write a letter to homeowner stating that the use of the directory was inappropriate. Pending. Letter will include verbiage reflecting Board’s decision defining appropriate use of the directory that will be included in next publication of the directory.
e. Debbi Maser
i.
Prepare the next issue of the Bent Tree Log. Include
approved minutes of 2005 Annual Meeting and the 2006 Budget Meeting and
articles by Jerry Lopez on water consumption and John Anderson on forest
maintenance. Pending receipt of process, format and software for publication
(received software at June 9th meeting), and previous documents to compile for
posting on the Bent Tree website.
f. Jerry Lopez
i.
Contact the owners of the 12 lots with excessive water
use to see what can be done to correct the situation. Pending.
ii.
Obtain a second bid for a community-wide well survey. Pending.
5) Committee status, if any:
a. Architectural Control Committee:
i. ACC has sent letter to one property owner regarding unapproved and non-compliant structure on property. Owner was given 30-day notice to rectify or be fined.
b. Beautification and Trails Committee:
i.
Suggestion was made to include recommendation and
encouragement in next edition of Bent
Tree Log for litter pick-up along streets in Bent Tree. John Heiser will provide Beautification and
Trails Committee member list to BOD Secretary.
c. Covenant Compliance Committee:
i. BOD discussion regarding cost benefit analysis of contracting out covenant management vs. enforcement of covenant compliance process thru CCC.
ii. BOD discussion regarding how owners are informed of Covenants. Real estate agents and title companies provide this information to new owners. Suggestion was made by Steve Furhman that welcome letters to new owners remind them of the requirement for 100% covenant compliance.
iii. Motion was made by Debbi Maser to include verbiage about requirement for 100% covenant compliance in welcome letters to new owners. Motion was seconded by Gail Bates, and approved by Gail Bates, Duane Fitch, Debbi Maser, Kathy Decker, and abstained by John Heiser.
iv. Review of draft Enforcement of Covenant documents provided by John Heiser and Debbi Maser. Discussion included distinction between ACC and CCC roles, the statutory requirements to enforce covenants, and the Senate Bill requirement that HOA’s must have their covenant enforcement process defined and published. Recommendation was made that after BOD approval of Enforcement of Covenants document an announcement be posted on the Bent Tree website for notification / education to property owners and be included in the next Bent Tree Log.
v. Motion was made by Duane Fitch that effective immediately, all BTPOA covenants will be enforced by the CCC and that a fine structure will be defined for non-compliance. Motion was seconded by Debbi Maser, and approved by Gail Bates, Duane Fitch, Debbi Maser, not approved by Kathy Decker, and abstained by John Heiser.
vi. A motion was made by Duane Fitch that comments on the draft Enforcement of Covenants document presented at this meeting are due to the BOD Secretary within seven (7) days (due June 15th, 2006), and that the BOD meet within two weeks of that (after July 1st) to review final document. Motion was seconded by Debbi Maser, and approved by Gail Bates, Duane Fitch, Debbi Maser, and abstained by John Heiser and Kathy Decker.
d. Directory:
i. No report.
e. Engineering Committee:
i. No report.
f. Forestry Committee:
i. Discussion by John Anderson emphasizing criticality of diseased tree removal and absolute urgency to get notifications to all property owners.
ii. A motion was made by Gail Bates for the BOD to send notifications to all property owners reiterating the importance and time requirements to remove diseased trees. Motion further defined that John Anderson would provide the BOD Secretary the verbiage for two letters with action for these to be sent out as soon as possible, and to authorize mailing expenses to be incurred for reimbursement. Motion was seconded by Duane Fitch, and approved by Gail Bates, Duane Fitch, Debbi Maser, Kathy Decker, and abstained by John Heiser.
iii. Discussion by John Anderson that that one property has been non-responsive to repeated notices to remove diseased trees.
iv. A motion was made by Gail Bates for the BOD to authorize John Anderson to obtain legal counsel to determine legal implications and requirements to proceed with steps needed to remove diseased trees on this property. Motion included authorizing John Anderson to spend up to $300 per tree to remove diseased trees, and that owners would be invoiced for all costs (for tree removal and any legal expenses), and that John Anderson would report status and resolution to the BOD at the next BOD Meeting. Motion was seconded by Duane Fitch, and approved by Gail Bates, Duane Fitch, Debbi Maser, Kathy Decker, and abstained by John Heiser.
v. Recommendation was made to include discussion on importance of diseased tree removal in next edition of the Bent Tree Log.
g. Neighborhood Watch/Security Committee:
i. Deferred to next BOD meeting.
h. Newsletter:
i. Deferred to next BOD meeting.
i. SB05-100 Compliance Committee:
i. Deferred to next BOD meeting.
j. Water Augmentation:
i. Deferred to next BOD meeting.
k. Web Site:
i. Deferred to next BOD meeting.
l. Welcoming Committee:
i. Steve Fuhrman noted that the Welcoming Committee is way behind in welcoming new residents.
6) Covenant enforcement: Procedure and Proposed schedule of fines:
i. See summary under item 5-c.
7) Investment Status:
a. See summary under item 4-c-iv.
8) Plans for publication of Bent Tree Log:
a. See summary under item 4-e-i.
9) Restrictions of use of Family Directory:
a. See summary under item 4-c-i. Language was provided to John Heiser who provided BOD with copy of Legal Notice on usage of information in the directory along with verbiage to be added to the BTPOA Rules and Regulations.
10) Annual Meeting Plans:
a. In process.
11) Future Board Meeting Schedule:
a. Next
BOD meeting scheduled for July 7th at
12) Any other business or resident remarks, if any:
a. None.
13) Summarize action items:
a. John Anderson
i. Obtain legal counsel to determine legal implications and requirements to proceed with steps needed to remove diseased trees on non-responsive property. Authorized to spend up to $300 per tree to remove diseased trees, and that owners would be invoiced for all costs (for tree removal and any legal expenses). Report status and resolution to the BOD at the next BOD Meeting.
b. Kathy Decker
i. Arrange for refreshments for the September Annual Meeting.
ii. Conduct a review of the books.
c. John Heiser
i. Obtain information from property management companies regarding managing Bent Tree and the attendant costs.
ii. Form a committee and work with them to prepare proposed changes to the Bylaws and Rules and Regulations for compliance with SB05-100.
iii. Include an Annual Meeting agenda item to confirm board member appointments and to set their terms.
iv. Write a letter to homeowner stating that the use of the directory was inappropriate.
v. Provide Beautification and Trails Committee member list to BOD Secretary.
d. Jerry Lopez
i.
Contact the owners of the 12 lots with excessive water
use to see what can be done to correct the situation.
ii.
Obtain a second bid for a community-wide well survey.
e. Debbi Maser
i.
Prepare the next issue of the Bent Tree Log. Include
approved minutes of 2005 Annual Meeting and the 2006 Budget Meeting and
articles by Jerry Lopez on water consumption and John Anderson on forest
maintenance.
ii.
Mail letters to all residents as quickly as possible
based on updates to the forestry article published in a previous edition of the
Bent Tree Log which would be provided
by John Anderson.
14) Adjourn:
a. Meeting
was adjourned at
Minutes prepared by Debbi
Maser, BTPOA Secretary,
Revised by John Heiser, BTPOA
President,
Approved at BTPOA BOD Meeting,