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Minutes SVPORC
BOARD MEETING Minutes
November
14, 2009 SV
Pavilion at 10:00 a.m. Attending:
Zug Standing Bear (President), Shaun
Gordon (Vice President, Covenants/Architectural and Lakes/Fishing), Deb
Schneider (Secretary and Activities), Sam Mathews (Welcome and SV Improvements),
Richard (Dick) Cope (Lakes/Fishing), Georgia Curie (Member) and Jill Cochran
(non-voting Office Coordinator). Absent: Greg
Smith (Treasurer). Call
to order: Zug called the meeting to order at 10:14 a.m. Community
Comments and Questions Do we have a copy of the proposed
covenants? Not yet. Zug clarified
that the declaration (the new document is now called a declaration instead of
covenant) is still in draft form. We don’t want to distribute it until it is
finalized. There are currently twelve individual covenants which cover different
filings. There is a filing “0” giving us some confusion at the courthouse.
In addition, there are six individual covenants on individual pieces of land.
Some do not have street addresses. Identifying these properties has been time
consuming. We are proposing to change
the covenants for two reasons: (1) The old covenants are unenforceable due to
changes in CO Laws. The new declaration will be the same for all. (2) To match
as close as possible to the old covenants with consolidations and updates to
comply with CO Law. They have been made more accurate to what is happening in
2009. How will the vote be taken?
A mailing to all residents will
include the declaration, proposed 2010 budget and two ballots. It will be sent
to all residents in SV with a return stamped envelope. All filings will need to
receive an affirmative vote of 51% of the filings owners to pass in that filing.
If not, the covenants in that filing will not change and essentially will be
unenforceable. The Board is trying to have
one declaration for all filings. There are also some additional changes. One of
which complies with CO Law in that the old covenants gave the Executive Board
too much authority in certain areas. There are now areas that would require a
vote of the membership. They give less, not more, control to the SV Board of
Directors. It was stated that we got
in this situation in the beginning because years ago the developers opened up
the valley for development in parcels and filed new covenants with each parcel
over about an eight year period. This resulted in multiple covenants. We are
trying to place everyone under one declaration. The anonymous website,
emails and correspondence are a mystery. The declaration has not even been
distributed yet. It was also reported that a woman was going door to door taking
a survey without identifying herself. This is not a representative of the board.
The board would identify themselves. We have also received emails with
fictitious names. What
is going on with the complaints about the rental property? It
is a legal issue and can not be discussed outside of executive session. However,
there is a concern about rentals in general, both long and short term. If they
follow the rules and behave themselves, the board may not even know that they
are renters. Some have rules posted and their renters abide by the rules, thus
posing no problems. Others have big groups which misbehave taking boats, etc.
This is an ongoing issue. Wouldn’t the property owner be
responsible for the renters? Yes,
they would. When misconduct occurs we contact the property owners. Who will count the ballots?
Mick Gunn, John Bousquet, Don Stanec and Dale Schroeder volunteered. When will the mailing take place?
As soon as Zug is able to wrap up
issues/loose ends at the courthouse, hopefully, by the end of the month. There
is general agreement on the declaration by the board. Are there two issues, the declarations
(what the board can and can’t do) and the covenants (what the community can
and can’t do)? No.
The term declaration is just a new word for covenant. We were advised by our
attorney to use the word declaration rather then covenant under the Common
Interest Community Laws of CO. The new declaration is 14 pages long. It adds the
things that the CO Law requires. Asked if we needed someone to proofread
the documents? The attorney does
the proofreading. Zug reviewed the contents
of the declaration. How will it be enforced?
The first step is a complaint to the board. The board then investigates the
complaint. If a violation is determined, the property owner is notified. They
can then either fix it or if there is disagreement; request a hearing with the
board. The person doing the complaining can also be present at the hearing, but
this is not required. Based on the results of the hearing and response of the
property owner, further steps will be considered. Will we get a copy of the declaration
with the ballot? Yes, the
declaration will be sent with the ballot. Could a professional organization be
hired to enforce the declaration?
The closest we can get to that is called an attorney. The board will handle the
enforcement. If they do not fix the problem a fine schedule would kick in and a
lien would be placed on the property. At the time the property is sold the lien
would need to be paid. The board was thanked for
all they have done! The board is distressed by all the nonsense that has come
out over this issue. Two newsletters have had
articles about the new declarations. If you don’t want to go along with the
covenant/declaration, why live in a covenanted community?
Covenants are meant to be protective to all. Some have moved here from
communities where the covenants are much more stringent then what we are talking
about here. The board was commended for
taking this action! Are the minutes of all
meetings posted on the website? Yes and they are also posted on the message
board next to the pavilion. When the ballot is mailed, what will be
the returned timeframe? Two
weeks. Why don’t we use Robert’s Rules of
Order? We
do. Where are we violating that?
There was no answer given. Additional issues were brought up. It was recommended
that the additional individual concerns Bill Bash has with the board be taken up
with the board and the rest of the meeting proceed as planned. October 13th
Board Meeting Minutes were approved via email. Board
Reports
President’s
Report It
will take about 4 more hours at the courthouse to complete the declarations. The
board had no other concerns with the declarations as they have been distributed.
The board agreed to have numbered policies which are indexed rather than all
procedures and policies included within the bylaws.
Vice
President’s Report Shaun
stated that he had nothing new to report.
Treasurer’s
Report Greg
was absent due to a death in his family. The October financial report he had
prepared was distributed. Secretary’s
Report/Newsletter Deb
reported that the next newsletter will be sent in January or February. All
articles are due by January. She completed assembly of the return envelopes
for the ballot mailing.
Activities Committee Report Deb
reported that the Holiday Party will be on December 12th at 1:00. It
will be a potluck including a turkey dinner and dressing. Please bring a side
dish. There will be crafts for the kids with the making of yuletide logs. Roni
Gordon spoke about the success of the 1st Annual SV Craft fair.
Thirteen people brought their treasures to sell and the pavilion overflowed. It was a
good turn out and we hope to do it again next year. There were a variety of
crafts including pictures, pottery, stain glass, chocolates, etc. She expressed
her appreciation to those that displayed and attended. A
community member expressed a thank you for the Directory that Marie Wells puts
together.
Welcome
Committee Report Sam
reported that Roni Gordon has handed out a couple of welcome packets. Roni asked
that if you see a moving van at a home, please let Roni or Sam know so they can
follow up with a Welcome Packet. The Title Companies do not always notify us of
the change in ownership. Sam
reported that there have been no new improvements. She asked that the board
consider a sign for the other entrance to SV if the issues of posting the sign
can be overcome. The new sign at the first entrance was a facelift. The board
will take this under consideration for future discussion. Dick
reported that there were three people fishing on the island and asked to leave
since the lakes are closed. They did not understand the red flag. He suggested a
sign or sleeve over the fishing signs to announce that the lakes are closed when
the red flag is flying. He asked that an announcement be made in the newsletter
that volunteers are needed for the fishing patrol for next year. Covenants
Committee and Architectural Committee Report Shaun
reported that there was nothing additional to report. He clarified that anytime
a homeowner is making changes to their property they should run it by the
architectural committee by calling Shaun. Other Business It
was reported that a radon test had shown high amounts of radon in a SV home. Zug
has a continuous radon detector he would be willing to loan out. Dick and Zug
attended a meeting that talked about the studies related to radon and there is a
lot of conflicting information. Web site A
committee including Shaun, Sam and Mary Kottwitz will review the issues related
to the SV Web site and make recommendations. Next Meeting Date:
Next meeting Saturday, December 5th at 10:00 a.m. at the pavilion.
The
meeting adjourned at 11:36 a.m.
Older Meeting Minutes are archived at Archives. |