Minutes

Steamboat Property Owners Association (SPOA)                                  

Minutes of August 7, 2015 Board Meeting

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

Members Absent: Paul Longsdorf (Tom Dugan had a proxy from Paul).

The Meeting was held at Gary Pon’s residence. Bill Hibbard called the meeting to order at 8:05 am.

1. Short Term Rentals Application Review Process-A discussion was held regarding the process to be used by the board in reviewing completed applications for short-term rental. It was agreed that the board would review completed applications along with comments or statements from other property owners and the criteria set forth in the May 7, 2015 board resolution. It was agreed that it is not necessary for the applicant or neighbors to appear before the board as part of the review and decision making process. It was further agreed that owner comments or statements needn’t be in writing and that comments or statements from association property owners whose property is more than 500 feet from the applicants’ property would also be considered.
2. Antoun Application for Short-term Rental-A discussion was held on the application from Holly Antoun for 1605A Cornice Ct. including statements and comments from various association property owners objecting to short-term rentals on this property. It was noted that the applicant added wording to the printed wording on the application above the applicant signature space purportedly to modify the wording in the printed application. A motion was made and seconded that the application be denied based on numerous objections from neighbors and other property owners within the Steamboat Property Owners Association. 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 her of the board decision.
3. Association Documents and Applicability of the Common Interest Ownership Act (CIOA)-Gary indicated that he spoke with Mike Holloran recently about documents available from Heritage Title Company pertaining to the SPOA. Since Stuart Churchill is out of the office with a medical issue, Mike will pursue other sources for obtaining past SPOA documents. It was suggested that we visit the County Recorder’s Office and review documents of record pertaining to the SPOA. Gary and Bill Sauter agreed to do this and to inform the board of their findings.
4. Lou Johnston Request-Gary indicated that he had a call from Lou Johnston requesting that the association pay for the pruning of the trees and shrubs at the end of Mark Twain Ct. It was acknowledged that in the past neighbors had performed this task. Following discussion it is unclear who owns this piece of ground (the City or the Association) which is not even shown on the association plot plan. Further, the board does not want to establish a precedent of paying for maintenance and the $25 annual assessment is not deemed adequate for covering this type of expense. Gary will inform Lou Johnston of the board decision.
5. Check List for By-laws and Covenants-It was suggested that we consider developing a check-list of actionable items in these documents for board reference. This could be done for existing documents as well as for documents that may need to be revised pursuant to CIOA provisions.

The meeting was adjourned at 9:48am.

Respectfully Submitted,

Gary Pon, Secretary

 Steamboat Property Owners Association

             Minutes of June 1, 2015 Board Meeting

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

Members Absent: Rich Danter and Paul Longsdorf

The Meeting was held at Gary Pon’s residence. Bill Hibbard called the meeting to order at 3:05 pm.

1. Short Term Rentals-A discussion was held regarding a letter from Holly Antoun objecting to the May 12, 2015 letter from Bill Hibbard denying her application for approval of vacation home rental. It was acknowledged by the board that the application did not meet the criteria in the board resolution. Bill Hibbard will send a reply advising the applicant to reapply using the new application form before doing any further short term rentals.

The board reviewed a summary of owners that have submitted vacation home rental applications (copy attached) using the old application form. Those properties with a change of ownership following approval by the board, will be notified that if they want to do short term rentals in the future, they must reapply using the new application adopted with the May 7, 2015 board resolution which was previously mailed to all owners. Gary will follow-up by phone on properties with no change of ownership to verify that ownership has not changed, ascertain if the owner is still doing short term rentals, and if so, request a copy of the City License and advise the owner that their property has been grandfathered subject to a change in ownership in the future and compliance with the association covenants.

2. Colorado Common Interest Ownership Act (CIOA)

Mike Holloran has opined that the SPOA is subject to CIOA based upon the common ownership of the greenbelt areas within the Fairway Meadows subdivision. The board could explore giving the greenbelt property to the City or a charitable organization, but it is unknown whether there would be any interest in owning this property which accommodates drainage from adjacent properties. Also, some owners, particularly those with lots adjacent to the greenbelts may not want to see the association lose control of the greenbelts. Gary pointed out that he had a copy of 1974 declaration for the association. Mike Holloran is checking to see if this document has any effect upon the applicability of CIOA. Bill Hibbard cited HB 15-1095 from the 2015 legislative session which provided exemptions to some associations based upon the level of owner assessments. Gary will ask Mike Holloran to provide the board an opinion as to the impact of that statute on the SPOA. Bill Sauter will check the Secretary of State website for SPOA covenants predating CIOA and whether the SPOA ever opted to be covered by CIOA. Gary will check with Heritage Title for SPOA covenants predating CIOA and whether the SPOA ever opted to be covered be covered by CIOA. He will also seek copies of other association covenants, by-laws and regulations developed after CIOA (July 1, 1992) which could provide be useful to the SPOA should it be necessary to conform with provisions of CIOA. These might include Barn Village, Greystone and the Sanctuary.

3. SPOA Website

Gary indicated he requested a proposal from David Wittlinger with Website Design Marketing Strategy to develop a website for the SPOA. He was recommended by PostNet. David responded with a quote of $750. In addition we would need to register a domain name at an estimated cost of $12 per year and obtain a host for the site at an estimated cost of $6 per month.

Bill Sauter reported that he obtained a proposal from LDB who developed a website for the Botanic Park. The cost is estimated to be between $600 and $800. They could host it for us for $12 per month and the domain name registration would be $15 per year or $25 for two years.

The board envisions that a website would be used to make copies of documents available to owners (covenants, bylaws, applications, minutes etc.) and perhaps send “do not reply” correspondence to owners (one-way as we don’t have the resources to monitor and reply to owner correspondence). This could include meeting notices, dues assessments, etc.

Following discussion it was decided that we should ask if these vendors have experience developing websites for associations, sample association websites that we can peruse, references, costs for making changes and experience complying with CIOA requirements.

Findings will be shared with the board for review, comment and possible action.

The meeting was adjourned at 4:30pm.

Respectfully Submitted,

Gary Pon, Secretary

Steamboat Property Owners Association (SPOA) Board Meeting Minutes

A board meeting was held on May 7, 2015 beginning at 3:00pm.

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 Pons’ residence.

A discussion was held concerning the resolution and application pertaining to short term rentals that was unanimously approved by the board by email on April 25, 2015. Based upon this discussion it was decided that a couple of minor word changes be made for consistency between the two documents as well as notification to neighbors. It was moved, seconded and unanimously approved these changes be made to the documents and that copies of the approved documents be mailed to all SPOA members.

The board reviewed and discussed separately each of the four pending applications for short term rental as follows:

For the duplex property located at 1605 Cornice Ct., it was determined that the application was incomplete, lacking signatures of other owners, proof of notice of vacation home rental application delivered to all other owners (e.g. certified mail receipt or confirmation email) and a diagram of access and parking locations indicating those locations to be used by tenants. It was moved, seconded and unanimously agreed that this application be denied and that the owner be advised to reapply using the newly approved application form.

For the duplex property located at 1460 Club House Dr., it was determined that the application was incomplete, lacking proof of notice of vacation home rental application delivered to all other owners (e.g. certified mail receipt or confirmation email) and a diagram of access and parking locations indicating those locations to be used by tenants. It was moved, seconded and unanimously agreed that this application be denied and that the owner be advised to reapply using the newly approved application form.

For the duplex property located at 1462 Club House Dr., it was determined that the application was incomplete, lacking proof of notice of vacation home rental application delivered to all other owners (e.g. certified mail receipt or confirmation email) and a diagram of access and parking locations indicating those locations to be used by tenants. It was moved, seconded and unanimously agreed that this application be denied and that the owner be advised to reapply using the newly approved application form.

For the property located at 1415 Delta Queen Ct., based upon the criteria in the board resolution along with six (6) letters of objection from neighbors, it was determined that the application should not be approved. It was moved, seconded and unanimously agreed that this application be denied. Gary Pon abstained from the vote on this property.

Gary will follow-up with Mike Holloran on the boards previous request that he review the SPOA covenants and by-laws with respect to the Colorado Interest Ownership Act.

There being no further business the meeting was adjourned at approximately 4:30pm.

Respectfully submitted,

Gary Pon

Board Secretary

Steamboat Property Owners Association (SPOA) Board Meeting Minutes

A board meeting was held on March 26, 2015 beginning at 4:30pm.

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

Members Absent: Bill Hibbard

The meeting was held at Marcia Prydes’ residence.

The board has received three (3) vacation home rental (VHR) applications with dates of February and March 2015. Gary indicated that based upon information contained on the Vacation Rental by Owner (VRBO) website one applicant has been making rentals since July 2014 at 1415 Delta Queen Ct without approval from the board. Gary indicated that he and several neighbors on Delta Queen Ct have filed written complaints with Barb Wheeler, Community Development Code enforcement officer. He was informed by Barb Wheeler that she does not enforce the Municipal Code including short-term rentals or association covenants and that the application for VHR by the owners of 1415 Delta Queen Ct would likely be approved by the City.

The board recognizes that Article IV, Section 5A of the SPOA By-laws, provides that the SPOA board is responsible for administering and enforcing the covenants. The board also recognizes that Article II, Paragraph 11 of the Covenants prohibits operation of businesses, including, but not limited to “the nightly or short-term (30 days or less) rental of lodging unless approved in writing by the Board of Directors of the Association”.

In the past the SPOA board has approved applications for VHR when the City issued a permit and for duplexes, when the owner of the adjoining unit did not oppose short-term rentals by their neighbor.

The City short-term rental (STR) permit allows an owner to use their home by visitors in return for payment on not more than two occasions and for no more than a combined total of thirty (30) days per year. The City vacation home rental (VHR) permit does not limit the number of times or days an owner may rent their home.

Following a general discussion the board realizes that the intent of the Covenants directs the Board to maintain a residential atmosphere in our SPOA. Therefore, regarding VHR and STR (30 days or less) the board reached consensus agreement on the following:

1. The board opposes approval of any new applications for VHR/STR within the SPOA, based upon legal advice regarding the City definition of STR. In other words, can the SPOA board prohibit an owner from making up to two rentals for a cumulative period of no more than 30 days per year in addition to prohibiting unlimited rentals?
2. The board would like to establish sanctions for violations by property owners. This might include utilizing the City fine schedule and/or after “x” violations withdrawing approval for VHR/STR.
3. The board would like to utilize a “grandfather clause” allowing owners that have received written approval from the SPOA board to continue to make short-term rentals subject to a sunset clause effective upon transfer of ownership of their property.

The board desires to obtain legal advice from a local attorney regarding application of the above principles. After contacting Mike Holloran, who has provided legal assistance to the SPOA in the past and Sarah Claassen, who was highly recommended by a local realtor, Gary will get back to the board with his impressions. It is then anticipated that at least two (2) board members will meet with one or both of these attorneys to discuss options available to the board.

The meeting was adjourned at approximately 5:35pm.

Respectfully Submitted,

.

Gary Pon, Secretary

Steamboat Property Owners Association

Board Meeting Minutes

February 2, 2014

Bill Hibbard called the meeting to order at Rex’s at approximately 7:10PM. All members were present.

1. Officers: It was agreed that the officers would continue to serve in their present capacity. Hence, the current board of directors and their terms are:

Bill Hibbard, President-2017

Paul Longsdorf, Vice President-2017

Gary Pon, Secretary-2016

Bill Sauter, Treasurer-2018

Tom Dougan-2016

Rich Danter, Ridge III Townhomes-2018

Marcia Pryde-2018

2. Club House Drive: Rich Danter presented a rough draft of a letter to the City expressing concern regarding vehicles speeding on Club House Drive. Bill Hibbard will follow-up with the City code enforcement officer, Barb Wheeler.
3. Plot of SPOA Subdivision Boundaries: Paul Longsdorf will check to see if he has a copy that can be distributed to board members electronically.
4. Legal Review of Covenants and By-laws: Gary Pon will check with a few attorneys in town to seek cost estimates for representing the association on an as needed basis (e.g. accounts receivable issues) as well as reviewing and possibly revising our Covenants and by-laws to bring them up to date with current laws and regulations as they apply to the association.
5. Mailing to Owners: Gary Pon will send board members an electronic copy of the notice to owners pertaining to short-term rentals and improvements to property along with the applicable applications for owners use and a copy of the minutes from the annual meeting and board meeting.
6. Adjournment: Upon motion made and duly seconded, the meeting was adjourned at approximately 7:42PM.

Respectfully submitted,

Gary Pon, Secretary

Steamboat Property Owners Association (SPOA)

Minutes of December 15, 2014 Board Meeting

Members Present: Tom Dugan, Bill Hibbard, Paul Longsdorf, Gary Pon, Bill Sauter

Members Absent: Rich Danter and Reese Hillard

Guests: Fred and Candi Garrison

The meeting was held at Gary Pon’s home. Bill Hibbard called the meeting to order at 9:10am.

1. Architectural Control Committee Checklist: Following a review and discussion of an internal checklist for use by the SPOA Architectural Control Committee the checklist was deemed appropriate by the board for use by the Committee.
2. Complaints Regarding Short Term Renters: The Garrison’s distributed and reviewed a summary pertaining to the City Code and nightly rentals. Barbara Wheeler 871-8274 bwheeler@steamboatsprinigs.net is responsible for Code enforcement. The City will not enforce HOA Bylaws or Covenants. A violation is any police interference in an incident that results in a report. In order for a report to be forwarded to Code Enforcement, complainant must sign a statement at the time or in a timely fashion i.e. next day. Violators are subject to a fine of $250/day for the first violation, $500/day for the second violation and $1,000/day for the third violation occurring within one year. Homeowners making short term rentals should discuss who pays the fine with their management company. After a third violation City Planning may forward to the City Council which could result in the homeowners permit being revoked for 1-2 years. Bill Sauter pointed out that we have a form for owners use to request board approval for making short-term rentals. Following discussion the board decided that a letter to homeowners should be prepared and enclosed in the regular annual mailing to owners regarding the 2015 assessment. Gary will draft a letter and forward to the board for review and approval.
3. Suggestion to mail Bylaws and Covenants to Owners: Recognizing that all owners may not have a copy of the SPOA bylaws and covenants in spite of the fact that realtors are supposed to provide same at closing, the Garrison’s suggested that the SPOA mail a certified copy of each to owners. The most common issues coming before the board and architectural control committee are owners making improvements to their property without notifying the committee and short-term rentals. Following discussion it was decided that an appropriate notice to owners will be drafted for inclusion in the annual mailing to owners. Gary will draft a notice and forward to the board for review and approval.
4. Need for Legal Review of SPOA Bylaws and Covenants: The Garrison’s suggested that the board consider retaining legal counsel to review the Bylaws and Covenants and recommend revisions to the Board. It was suggested the name of the Architectural Control Committee be changed to the Architectural Review Committee. No action was taken on this issue. Bill Hibbard will contact a title company to ascertain the date(s) of the latest versions of the Bylaws and Covenants of record with the County.
5. Date and Location of 2015 Annual Meeting: Following a brief discussion it was decided that Gary Pon will contact the Ore House regarding scheduling a room for this meeting on Monday, February 2, 2015.

There being no further business, the meeting was adjourned at approximately 1030am.

Submitted by,

Gary Pon, Board Secretary