Minutes

Steamboat Property Owners Association

Minutes of June 13, 2016 Board Meeting

Members Present: Bill Hibbard Rich Danter, Tom Dugan, Gary Pon, Marcia Pryde and Bill Sauter

Members Absent: Paul Longsdorf

The Meeting was held at Gary Pon’s residence at 4:15pm.

1. Annual Meeting Agenda-A discussion of the annual meeting agenda was held and suggestions were made to facilitate completing the agenda in a timely and orderly fashion. The revised agenda will include: Confirmation of Quorum, Approval of Minutes, President’s Remarks, Finance Report, CCIOA, Short-term rentals, Election of Board Members, Other Business and Adjournment. It is anticipated that we will have more nominations than openings on the board, hence we will be prepared to conduct the election by secret ballot. We expect to have a quorum at the meeting as required by the bylaws

2. Boyd Application for Short term Rental-It was acknowledged that the board has seen a copy of the response to Mr. Boyd from Mike Holloran to which we have not yet received a response from Mr. Boyd.

3. Owner Complaints-The board has received complaints from two owners. Bob Burks complained about the long grass and garbage scattered by bears at the Mason’s property (1482 Steamboat Blvd.) and a mess left outdoors in the back yard at the Westby property (1430 Steamboat Blvd.). He also complained about use of a fire pit in the back yard on May 29, 2016 and possible infringement on open space by the owners of lot 73, (1330 or 1332 Mark Twain). Burks reported the incident to Steamboat police who reported the fire was under control. It may be difficult to precisely identify the open space boundary without a survey. Richmond complained about an archery backstop on a Mark Twain lot across from their residence on Delta Queen Ct. which he feels is unsightly. Gary will contact Candi Garrison to see if the owner requested approval for the structure from the Architectural Control Committee. Gary will follow-up with the Burks and notify the owners by letter of any outstanding infractions.

4. Website for Association-Bill and Gary reported that the SPOA website is live and populated with documents open to the public, owners and the Board respectively. Owner and Board portions of the website are password protected. The website address is http://www.steamboatpropertyoa.org

The owner password is “oa2016_boat”. A little more editing needs to be done to the documents on the website to eliminate duplicates and clarify document titles. The owner password may be mentioned at the annual meeting and will be sent to Owners in July with the assessment notice and mail-in ballot.

5. Regularly Scheduled Board Meetings-A brief discussion was held on whether to schedule board meetings on a regular basis on the association website, subject to cancellation if not needed.

Meeting adjourned at 5:45pm.

Respectfully submitted,

Gary Pon, Secretary

Steamboat Property Owners Association

Minutes of April 25, 2016 Board Meeting

Members Present: Rich Danter, Tom Dugan, Bill Hibbard, Gary Pon, Marcia Pryde and Bill Sauter

Members Absent: Paul Longsdorf

The Meeting was held at Gary Pon’s residence at 1:00pm.

1. Annual Meeting Notice-Following a brief discussion of the 29 page packet to be sent to Owners pertaining to the June 17^th annual meeting it was agreed that we would meet at Bill Sauters home at 2 pm on May 19^th to stuff envelops for mailing. Gary will amend the cover letter to make it clear that the annual dues are $50.

2. Boyd Application for Short-term Rental-A discussion was held on the application for approval of short term rental from Andrew Boyd for 1462 Clubhouse Dr. The board considered the criteria in the May 7, 2015 resolution along with statements and comments from property owners within 500 feet of the applicants’ property. It was noted that according to the application, a Retreatia property owner resides in the other side of this duplex and would presumably manage rentals in the Boyd unit. Following a lengthy discussion, a motion was made and seconded that the application be denied based on several letters from neighboring property owners objecting to short term rentals on the Boyd property. Following discussion, the motion passed by a vote of 6 to 1 with Tom Dougan voting for Paul Longsdorf who is out of town. Bill Hibbard will send a letter to the applicant notifying him of the board decision.

3. Website for Association-Gary and Bill Sauter obtained proposals for website services for our association from Association Online, Barker Creative and Steamboat Digital. Bill and Gary felt that the Association Online website was awkward to us and lacked some of the functionality desired for our association. The proposal from Barker Creative was the most expensive and the proprietors had little experience with association websites. Also there was a concern about availability of help if needed from this small developer. The Steamboat Digital proposal was the most comprehensive proposal with more resources available locally. The design fee of $750 includes personalized training so we can control content on the website. Steamboat Digital will also host the website for $25 per month which includes routine maintenance, back-up, removal of viruses, etc. It was acknowledged that we would have a “public area” on the website which provides access to recorded documents (e.g. Declaration and Bylaws), a password protected “owner area” providing access to minutes, financial reports, forms, etc. and a password protected “board area” providing access to owner addresses, legal correspondence, etc. Following discussion, it was moved, seconded and unanimously approved that we accept the proposal from Steamboat Digital. Bill Sauter will contact a couple of title companies to ask about how they meet their information needs from other association websites.

Meeting adjourned at 2:20pm.

Respectfully submitted,

Gary Pon, Secretary

Steamboat Property Owners Association

Minutes of March 4, 2016 Board Meeting

Members Present: Rich Danter, Tom Dugan, Paul Longsdorf, Gary Pon, Marcia Pryde and Bill Sauter

Members Absent: Bill Hibbard

The Meeting was held at Gary Pon’s residence at 5:00pm.

1. Colorado Common Interest Ownership Act (CCIOA)-The board reviewed and discussed a summary of the meeting that Gary Pon and Bill Sauter had with Jason Yanowitz and a list of “action items” pertaining to CCIOA compliance. The board had previously agreed that regardless of whether the association is subject to CCIOA, most of the policies, procedures, rules and regulations included in the draft resolution appear reasonable and should be adopted. At the same time the board recognizes that there is still a looming question as to whether the association is subject to the many administrative ramifications of CCIOA, some of which do not seem to make sense for our small possibly unique association (e.g. reserve policy, reserve study, physically posting notice of meetings, preparing an annual budget, etc.). The doubt regarding the applicability of CCIOA stems from an inability to determine whether the association is the legal owner of the greenbelts depicted on the association plot document. Jason Yanowitz indicated that he would be willing to research this matter for us at his hourly rate and that he didn’t think it would require a lot of time. A motion was made and seconded that we spend up to $600 to have Jason attempt to answer this question for the board. Following discussion, the motion passed with a vote of 4:2 in favor of the motion. Gary will follow-up with Jason to request that he perform this task. In discussing the action items it was agreed that Bill Sauter will revise the wording in the resolution pertaining to the association reserve policy. The board agreed that the budget and financial statement that Bill Sauter prepared for 2016 was fine as presented. The board agreed that meeting notices would be posted on the eight mail cluster boxes within the subdivision boundaries should the association be subject to CCIOA. The board agreed that we would amend the declaration to provide that future amendments could be made with approval of 51% of all of the owners in the association, which would meet CCIOA requirements. The board acknowledged that we will need to amend the bylaws to provide that an annual meeting will be held at a date determined by the board which will conform to the wording in the resolution. Following a discussion regarding the language in the declaration regarding liens, it was agreed that we will not propose any changes to this language as the process has been very workable in the past for our association. It was agreed that the request to receive email notifications form prepared by Bill Sauter was fine as is for use by owners. It was agreed that the application for approval of construction, alteration or improvement on a lot was fine as presented. It was agreed that the list of board members contact information was fine as presented. Recognizing that the number of people attending meetings in the future might grow, Rich Danter suggested that we could use the owners lounge on the first floor of the Grand subject to availability.

It was agreed that subject to Jason Yanowitz’ further research, the following items will be included with the annual meeting mailing to owners:

• Cover letter
• Changes to bylaws
• Changes to declaration
• Description of process for approval of changes to bylaws and declaration, respectively
• Annual budget
• Reserve policy/study
• Board resolution pertaining to CCIOA
• Request to receive electronic notifications
• List of board members and contact information

It was agreed that subject to Jason Yanowitz’ further research, the following revisions need to be made to the bylaws:

• Owner meetings may be called by 20% of the owners (bylaws state 25%).
• Annual meetings will be held at a date determined by the board (bylaws state in June).
• Board meetings should include notice to owners.

It was agreed that subject to Jason Yanowitz’ further research, the following revisions need to be made to the declaration:

• Amendment of the declaration requires approval of 51% of all owners (declaration states 67% of owners present at a meeting with a quorum).
• Remove/modify provision regarding antennas, aerials or satellite dishes (section 8 (d).
• Allow for use of electronic mail with owner approval.

2. Website for Association-Gary mentioned that he has requested information from Association Online regarding services offered and estimated costs for use of their website for our association.

3. Application for Short-term Rental-A brief discussion was held regarding an application for short-term rental recently received from Andrew Boyd for the property located at 1462 Clubhouse Dr. Based on a review of owners with property within 500 feet using the subdivision plot plan it was determined that a copy of the application was not sent to 11 owners with property within 500 feet. It was agreed that Gary will send a letter to Mr. Boyd thanking him for his application and requesting that he send a copy of the completed application to the 11 owners. A list of the names and addresses for these owners will be included.
4. Annual Meeting Date-Bill Sauter reported that he has had some inquiries pertaining to when the annual meeting will be held. Gary will send an email to the board requesting their availability in June for an annual meeting. The current bylaws require at least 20 days and no more than 50 days’ notice to owners.

Meeting adjourned at 6:45pm.

Respectfully submitted,

Gary Pon, Secretary

Steamboat Property Owners Association

Minutes of February 11, 2016 Board Meeting

Members Present: Rich Danter, Tom Dugan, Bill Hibbard, Paul Longsdorf, Gary Pon, Marcia Pryde and Bill Sauter

Members Absent: None

The Meeting was held at Gary Pon’s residence. Bill Hibbard called the meeting to order at 4:20pm.

1. Short Term Rental Notice from City –It has come to the attention of the board that James Mason has made application with the City of Steamboat Springs for vacation home rentals at 1482 Steamboat Blvd. Unit B in Steamboat Springs. It was agreed that a letter will be sent to the owner informing them of the provisions in the association Declaration regarding short-term (less than 30 days) rentals.

2. Annual Assessment-A discussion was held regarding the annual assessment which is currently $25 per unit. The current balance in the association accounts is approximately $38,000. In view of the increased expenditures for legal fees associated with Colorado Common Interest Ownership Act (CCIOA) and anticipated expenses associated with establishing and maintaining an association website it was agreed that the annual assessment should be increased. It was moved, seconded and unanimously approved that the annual assessment be increased to $50.00.

3. Colorado Common Interest Ownership Act (CCIOA)-The board reviewed and discussed the provisions included in a memorandum dated January 11, 2016 and a draft resolution provided by Jason Yanowitz with the law firm of Weiss and Van Scoyk, LLP. The board agreed that regardless of whether the association is a pre-CCIOA community or a CCIOA community, the policies, procedures, rules and regulations included in the draft resolution appear reasonable. A number of questions for Jason Yanowitz arose during the discussion. It was agreed that Gary will schedule a meeting for he and Bill Sauter to meet with Jason regarding these questions and notify Bill Hibbard of the date and time of the meeting on the chance that he might also attend. A list of the Board questions for Jason Yanowitz is attached to these minutes.

4. Website for Association-It was agreed that we should pursue development of an association website after reaching agreement on the draft resolution. We have a couple of local names of candidates, but neither appears to have developed a website for an association. We will ask Jason Yanowitz for a referral or recommendation.

5. Annual Meeting Date-It was agreed that we strive to schedule an annual meeting in June as provided in the bylaws and after work is completed on the draft resolution.

Meeting adjourned at 6:14pm.

Respectfully submitted,

Gary Pon, Secretary

Steamboat Property Owners Association

Minutes of December 14, 2015 Board Meeting

Members Present: Rich Danter, Tom Dugan, Bill Hibbard, Paul Longsdorf, Gary Pon, Marcia Pryde and Bill Sauter

Members Absent: None

The Meeting was held at Gary Pon’s residence. Bill Hibbard called the meeting to order at 5:40pm.

1. Colorado Common Interest Ownership Act (CCIOA)-Based upon the opinion of our attorney Mike Holloran and information from the GIS mapping feature on the County Assessors website, it was acknowledged by the board that it appears our association owns the greenbelts and therefore is subject to CCIOA. Following a discussion of the possibility of deeding the greenbelts to adjacent property owners with restrictions, it was agreed not to pursue this alternative any further. A question was raised regarding whether our insurance policy with State Farm provides coverage to the board if we are subject to CCIOA and not in compliance with applicable provisions. Gary will seek an answer from our agent. Mike Holloran indicated that the estimated legal cost of compliance with CCIOA is very difficult to specify and depending on the ability and willingness of the Association to self-help, the cost would run from $3,000 to $7,000 to bring the Association in compliance with CCIOA, excluding any costs to amend the Declaration, if necessary. While it is not clear that we will need to amend our declaration, we may be able to use portions of documents from other associations subject to CCIOA (e.g. The Moore Barn Village, Greystone, or Sanctuary). The board feels it would be helpful if we could find a law firm that has experience assisting an association(s) in complying with CCIOA. The board would like to know what it would take to ensure that we are in compliance with applicable provisions of CCIOA. It was moved, seconded and unanimously approved that Gary contact another firm(s) that has this experience assisting a client(s) comply with CCIOA and schedule a meeting with the board prior to the annual meeting and possibly have a representative attend the annual meeting next year to provide a report to owners. It was agreed that the costs of complying with CCIOA should be funded by an increase in assessments rather than funding this from current reserves, which may be needed for unforeseen legal expenses. A brief discussion was held regarding the possibility of hiring an association manager, but it was decided that this is not deemed necessary at this time. The board acknowledged that in view of the upcoming holidays, it may be necessary to reschedule the annual meeting later than February 8, 2016.
2. Annual Meeting Date and Notice to Owners-The annual meeting is currently scheduled for Monday, February 8, 2016 at 5:30pm at Rex’s in Steamboat. Given that notice of the annual meeting needs to be mailed to owners at least 20 days in advance (by January 19, 2016) and the discussion regarding CCIOA, it may be necessary to move the annual meeting date to later next year. A decision on this matter needs to be made no later than early January. It was suggested that the agenda for the annual meeting include short-term rentals and CCIOA and prior to election of directors. Gary will check the by-laws and covenants regarding the need for a budget report to owners at the annual meeting.

3. Compliance with Short Term Rental Restrictions-It was mentioned that the property at 1462 Clubhouse Drive may be conducting short-term rentals following written notification from the board by letter of October 28, 2015. Further research will be done in an effort to ascertain if the property is listed on VRBO or Airbnb prior to taking further action.

Meeting adjourned at 7:10pm.

Respectfully submitted,

Gary Pon, Secretary

Steamboat Property Owners Association

Minutes of October 27, 2015 Board Meeting

Members Present: Rich Danter, Tom Dugan, Bill Hibbard, Gary Pon, Marcia Pryde and Bill Sauter

Members Absent: Paul Longsdorf

The Meeting was held at Gary Pon’s residence. Bill Hibbard called the meeting to order at 2:02pm.

1. Holly Antoun Denial of Application for Short Term Rental-A discussion was held regarding reconsideration of the board denial of the application. As a part of this discussion the board considered whether or not it should share the names of owners that object to short term rentals in their neighborhood with the applicant. The board concluded that in the interest of all owners that it is best to keep the names anonymous so as not to create bad feelings or ill will among neighbors. The board also concluded that the reasons for the original denial of the application still apply. It was moved, seconded and unanimously approved that the denial be sustained. It was decided that the board would send a letter confirming the denial to the applicant.
2. Colorado Common Interest Ownership Act (CCIOA)-Gary indicated that in talking further with Stuart Churchill with Heritage Title regarding the ownership of the common areas within the SPOA, he was informed that the original covenants for the association were recorded October 5, 1971 and that Stuart could find no record that ownership of the common area in Fairway Meadows Filing number 1 had ever been deeded to the association. Hence, Steward is of the opinion that ownership of the common areas is “in limbo”. The 1975 covenants provided that the declarant LTV Recreation would convey title to the common area to the association before its Class B membership expires on March 1, 1984. The 1976 covenants provide that the declarant will immediately convey title to the common areas by one or more deeds to the association. Evidently, Heritage has no record that this ever occurred. Our attorney, Mike Holloran informed us that if the association did not own common property he felt that we would not be subject to CCIOA. Following discussion is was decided that Gary will contact Mike Holloran to confirm his interpretation of CCIOA to the board in writing. Subject to confirmation by Mike Holloran, Gary will then contact Heritage Title and request a quiet title for the common area in an effort to ascertain the name of the owner of the common area. Gary will then ask Heritage Title for a title opinion for the common area within the SPOA. Gary will send a copy of the 1971 covenants to the board.
3. Annual Meeting Date-Following a brief discussion it was decided that Gary will contact Rex’s to reserve a meeting room for our annual meeting on February 15, 2015 with a back-up date of February 8, 2015 and advise the board of the date.

Meeting adjourned at 3:05pm.

Respectfully submitted,

Gary Pon, Secretary