EAGLES REST HOMEOWNERS ASSOCIATION MINUTES OF THE 2008 MEETING

Transcription

1 EAGLES REST HOMEOWNERS ASSOCIATION MINUTES OF THE 2008 MEETING The 2008 meeting was held at the Perez home on the afternoon of Sunday, August 24, Those in physical attendance were Chad Lawton, Marie Perez, Rachel Kennedy, Tanya Woods, Daniel Davila (part time),jan and Linda Jensen, David and Gaylin Horn. Those on the conference phone were Taylor Perez, Kay and Jim Jennison; and Tim and Carol Stephens (for initial vote). Those present by proxy vote included Howard Davidson and Tim and Carol Stephens. The meeting was opened with prayer. Discussion was opened with the fact that there is no official/legal Eagles Rest HOA in existence, as the official corporate'registration with Colorado Sec of State has lapsed. The last address of record is Gary Stephens. The first order of business was to reestablish Phase I, then make arrangements with Phase 1 I/Iff. The only issue at hand was the election of board members- as part of the bylaws to form Phase I, which has been overlooked for many years. Chad (president) "what I am trying to do is to get the corporation back on track. To do so, new directors are to be elected by members, and they in turn are to appoint officers for the next year. One vote per lot." It was determined that as there was no Phase i, that we first need to reestablish Phase I, then make arrangements with Phase 11/111. Though this meeting concerned only Phase 1 at this time, it was determined that as David and Gaylin Horn have a vested interest in what is going on, they were welcome to stay and observe the meeting through they were not included in the vote. It is believed that Phase 11/111 do have articles that need to be reincorporated. Review of the 2006 minutes (with regards to Phase II/III) Eagles Rest 1 & 11/111 were to have common area expenses & common maintenance (road & water line); Discussion of Incorporation Article of Incorporation Phase I are recorded with Gunnison County, but must be reinstated; Articles of Incorporation II/III were dissolved in It was determined that a quorum (for Phase 1 only) was present (51% of lots represented) for voting purposes. It was also mentioned that Phase II/III needed the same kind of reinstatement Phase I has followed precedent by using all the bylaws for each year, - we will accept what has been said in the past meetings, using the minutes for the basis of agreement, and we will go by the same set of rules. Defacto - in fact what you do is what you believe, or represent as true. It was suggested that we reinstate Phase 1 and have that in place; the subdivision may need Phases II & III to reinstate because they may not have been a legal entity when they came to us. So then let Phases II & III reestablish, then combine with us. It was noted again that the covenants for the respective phases are separately written, and that we have to have the same covenants. It was determined by discussion that we should make Subdivision (Phase I) a legal entity. That Subdivision Phases II & 111 reinstate themselves, and then we can work on mixing covenants that we right now haven't even worked through. It was determined that the other function is to get our board of directors from amongst our lot members. The bylaws state that very clearly.

2 Motion for Voting for Board of Directors for ERHOA Phase I It was proposed and seconded that we move forward and vote in a board of directors for Phase I. The motion carried with 1 1 votes: Kennedy Trust - 5, Perez - 2, Jensen - 1, Lawton - 1, Woods- 1, Stephens -1. The bylaws state that the annual meeting quorum shall be 51% of the lots. There are 20 lots. Tim & Carol on the speaker phone stated we should move forward and reestablish Phase I - they participated and gave Chad Lawton a proxy to vote their lot during the meeting. (A signed faxed signature will be forthcoming) As the first vote was completed - we then had a quorum of voters to continue the meeting. Chad moved the actual election of the board of directors to be the last item of the HOA meeting. Review of the 2007 meeting minutes: Comment to minutes: Entrance sign was never done Motion passed to approve minutes of 2007 as read. Motion for Eagles Rest HOA Phase I to be reinstated with State of Colorado as legal entity: It was moved and seconded that Phase I legal entity. The motion carried. Motion that Eagles Rest HOA Phases 1 and II/III are uncombined: Eagles Rest HOA be reinstated with the State of Colorado as a It was moved and seconded that we disassociate/make void the decision of two years ago (2006) combining Phases I and 11/111 with regard to homeowner association membership and common area expenses. The motion carried. This motion allowed a quorum to be present for business to be done. With further discussion and interaction it is intended that all lot owner/members be able to function with the same rules and be able to vote on the same issues for the common goals of the subdivision. Treasurer report: Income: Opening Balance... $ 1, Income... $27, Expenses... $27, Current Balance... $ 1, Homeowners fees: Assessment fees: Water Repair fees: Interest: $ 5, $ 12, o7utD <+**** Si Expenses: Service charge Lawyer fee: Stamps: Road work: Water repairs: Snow removal: Weed spraying: DMEA: , , , It was reported that the Horns have paid HOA fees, water fees, assessment fees in Phase II; Farlows have paid; the Ste&bens, Tim & Carol have paid; Don Stephens and Gary Stephens have not paid; Mercy Ships have not paid. The DMEA Bill on UV Treatment House is due to SMR water.

3 Marie brought homeowners up-to-date on the personal leak that impacted the trunk line. The current balance going into the next snow season is $ Conclusions regarding finances: It was concluded that we have a shortage of funds and are lacking funds for snow removal. There were various suggestions and considerations in order to bolster funds that are normally received by dues. The dues of $350 are supposed to take care of road maintenance and snow removal - not assessments. Road repair is voted in. Also noted was that dues are calculated per owner; assessments are calculated per lot. Motion to change the Eagles Rest HOA Dues: It was proposed that the dues be changed to $500/year/1 check/owner - and that this be retroactive, so those that have paid now owe $150. It was proposed and seconded that the dues be changed to $500 per year retroactive this year. The motion carried. The Treasurer will request $150 additional from each owner/membership. There was no additional input from members. The Treasurer's report is done. Eagles Rest Sign: According to Treasurer, the sign has not been done. Jan has volunteered to investigate a contractor from last year or other contractor to complete sign. Cotton Spring Line: No estimate has been completed on the Cotton Spring line. Last year Chad called Del Monte Engineering and never got anything back and no progress has been made on that this year. Chad will continue to work on this as agreed last year. Covenants: With regards to any proposed changes to covenants, no comments/suggestions have been communicated to any officers. No one knows of any at this time. It was determined that this slide off the table to be brought back later. YWAM Snow Removal: YWAM was requested if they would remove snow. David Horn agreed as long as they are able. YWAM desires to do it, but last winter, which was a major dump, many hours were spent plowing and YWAM didn't charge for the all hours they plowed.

4 It was suggested that homeowners put no pressure on YWAM - maybe a call saying "is it possible to get plowed out today, or if not that's OK". It was concluded that the homeowners need to be flexible in the snow plowing of the roads. We need to call YWAM before coming up the road and to be flexible in our travel. We must make do on our own until they are able to come. Kennedy Trust/Legal Counsel The Kennedy Trust has been donating funds not to exceed $5000 for legal counsel. The purpose of which is to get our HOA in line. We need to have a review of minutes from the past with legal counsel, so that the corporation history can be familiar to counsel. Up to this point we don't even have a lawyer; we have been frugal, volunteering our time as members rather than spending money. According to the Treasurer report we are not prepared to hire legal counsel. We will need legal help to understand issues we're facing for the future. We will rebuild the file and pay the penalties to be in good standing at the Colorado Secretary of State Registry. We are considering a firm in Grand Junction that has HOA/water lawyers on staff to help with whatever issue we need. The firm - Williams, Turner, and Holmes was acquired by reference from another lawyer. We are not committed to them; we have a letter. No specific legal recommendations from members other than to check their ratings, how long they've been established, travel time, etc. It was again reiterated that we need to finish electing, and then appoint officers. Then make a motion and authorize the board to pursue an attorney with free latitude or contingent on approval of the members. It was stated that determination of legal services will be tabled until we can have another meeting as it is just in its infancy. Water Officer Report; The weeds are still a problem. The fence surrounding the tanks needed repair. Mr. Chasten was hired to fix the fence, but this week has been on vacation. Two days ago Gary informed us that the fence is fixed. Gary took out the diversion valve that was put in earlier this week to limit the water input. After that valve had been put in as an emergency solution that mirrored last year's problem, the tank overflows were cleaned for marine growth, chlorinated, and is now back in working condition. We will communicate to Mr. Chasten that the fence has been completed. A letter is needed to be written to give thanks to Gary for his time and effort to fix the fence. Access to the tanks was discussed. Clarification of the permanent easement/right of way for the road were discussed. Permanent easement/right of way is a right that would include ingress/egress to maintain those lines and tanks without having to give any notification to landowner. There is a need for permanent access to the tanks, and that ERHOA should be notified at once, whenever there is a change of locks etc. Also raised was the question of ERHOA access to go through to BLM. Question was directed to Taylor Perez if ERHOA had been officially notified with regards to not going on developer's land. It was clarified that unofficially, when we first had purchased lots, the original owners had access, and no one has said anything to the otherwise, however, on the other hand, there has never been an official deal with ERHOA for access. It was suggested that the Jan deal with the landowner directly that the key/code be accessible on short notice. Jan stated that was re-established as of two weeks ago.

5 New Business Howard Davidson requests more signage for their house for sale - on county road and showing way to their home. Discussion was presented that a realtor needs to be with prospective buyers anyway because of lockbox access to the home. Privacy is important to keep our area clean and not accessible to strangers. It was mentioned that no signs are allowed on the county road as a county restriction, and after discussion by the members, no motion was made to allow variances to the signage rules on the covenants at this time. Progress toward common covenant with Phase II & HI discussed. Taylor Perez volunteered to research and to establish a committee to work with Eagles Rest II & 111 to help them with their covenants and establish connection with them. The intention is there for us to be one entity. David Horn has volunteered to be the contact person for Eagles Rest Phases II & 111. The objective is to eventually combine our association so we can get our association put together. Taylor will work with David Horn, reviewing the covenants, forming a committee to consolidate both the articles of incorporation and the covenants of Phase I & II & III. Thinking ahead we may want to establish an LLC and eliminate the two separate entities and adopt the covenants that evolve. Kay mentioned that we not get ahead of ourselves and should work on the problem diligently. This is another challenge that could use legal counsel. Taylor Perez's appointment as Project Manager for Phase I was accepted, and David Horn as Project Manager for Phase 11/111 was accepted in order to compare the covenants and make recommendation to the membership for combining all the items in the covenants which may include deletions or additions. The general membership will be asked to vote on the proposals and discuss them so that we come up with a comprehensive recommendation. Election of a Board of Directors for Eagles Rest HOA Phase 1: Proposed board included Taylor Perez, Kay Jennison, and Chad Lawton The bylaws require a minimum of three board members, of which two must be lot owners. The members present voted and the proxy votes were added for the total. Howard Davidson (by proxy) approved all three Kay Jeanison approved all three Tanya Woods approved all three Jan and Linda Jensen approved all three Taylor and Marie Perez approved all three Chad Lawton approved all three Tim and Carol Stephens (by proxy) approved all three We now have established our new board of directors for ERHOA I. 65% of lots vote in favor so we have achieved over 51%. That's 13 lots voting. Bylaws now require that the board of director appoint the officers. There were no other items for discussion. The meeting was adjourned and concluded at approximately 6 pm. Minutes taken by Linda Jensen.