WILSON MESA RANCH HOMEOWNERS ASSOCIATION PO Box 1919 Telluride, CO 81435

Transcription

1 WILSON MESA RANCH HOMEOWNERS ASSOCIATION PO Box 1919 Telluride, CO July 18, 2014 Dear Homeowner: As discussed at the annual homeowners meeting held on July 5, 2014, enclosed please find a ballot to vote on two amendments to the Protective Covenants for Wilson Mesa Ranch ( Covenants ). A copy of the Covenants is enclosed for your reference. The members voted at the annual meeting to authorize the Board to call a special meeting of the Members to vote on these amendments, THEREFORE, THIS LETTER SERVES AS NOTICE OF A SPECIAL MEETING TO BE HELD ON VOTING ON THESE ISSUES FOR SEPTEMBER 9, 2014, time and location set forth below. The first proposed amendment is to completely repeal and replace Article XI, Section 2 of the Covenants. As discussed at the annual meeting, this section currently limits the Association members in amending the Covenants for any reason to only a short window every 10 years. In addition, pursuant to this Section, the Covenants, which are the document that creates the community of Wilson Mesa Ranch, are set to terminate in their entirety in In order to maintain the integrity of the Subdivision, to provide for better self-governance and to bring the Covenants into alignment with the Colorado Common Interest Ownership Act ( CCIOA ), this amendment is proposed. Please note that the Covenants cannot be amended by the Board, but must go to a vote of the Members. The second proposed amendment is to prohibit short term rental of properties in the Subdivision. The common definition of short term rentals is any rental for which the term is less than 30 days. This amendment was also discussed at the annual meeting to clarify the intent of the nature of the community of the Subdivision, and was highly favored by the members present at the annual meeting. Please note that you must vote for each proposed amendment separately. It is very important that you return your ballot in time for the special meeting of the Wilson Mesa Ranch Homeowners Association set for September 9 th, 2014, at 10:00AM in the medium meeting room on the second floor of the Wilkinson Public Library in Telluride, CO. In order to meet the quorum requirement set in the Amended and Restated Articles of Incorporation, ballots representing 30% of the lots entitled to vote must be returned by this deadline; and in order for either of these amendments to pass, at least 67% of those returned ballots must be an affirmative vote. If you have any questions regarding this letter and the enclosed ballot, please do not hesitate to contact Barrett Miller (Phone: (970) , barrett@businessasap.com) Please return your ballot as soon as possible, but it must be received by Barrett Miller at ASAP no later than September 8 th, 2014, unless you plan on attending the special meeting on September 9th. Sincerely, Wilson Mesa Ranch Board of Trustees

2 Wilson Mesa Ranch Homeowners Association Ballot for Amendment of the Protective Covenants for Wilson Mesa Ranch Please indicate your vote below for or against the following proposed amendments to the Protective Covenants for Wilson Mesa Ranch. The amendments are to be voted separately so indicate your vote for each item. As an example, you could vote for the first amendment and against the second one. 1. Article XI, Section 2 is hereby repealed and replaced to read: The covenants contained in this instrument shall terminate at the time of final dissolution of the Colorado corporation not for profit known as Wilson Mesa Ranch Home Owners Association. The covenants contained in this instrument can be amended at any time by an affirmative vote of 67% of the votes entitled to be cast by the members of the Wilson Mesa Ranch Home Owners Association, said vote to be cast in any manner allowed by applicable Colorado statutes and the Association s governing documents. A properly certified copy of the resolution of amendment shall be filed with the San Miguel County clerk and recorder. For Amendment: Against Amendment: 2. A new Article V, Section10 is hereby added: No tract within Wilson Mesa Ranch shall be used for Short Term Rentals. Short Term Rentals are defined as any rental, in which the owner of the tract is paid for the rental thereof, for durations of less than 30 consecutive days, and that is advertised to more than one person in any public media (e.g., newspaper, internet, mass ). For Amendment: Against Amendment: Lot number(s): (Please list all lot numbers you own) Name: (Please print) Signature: Date: / /2014 Please put your completed ballot in the enclosed stamped envelope and mail to: ASAP, PO Box 2710, Telluride, CO 81435, ATTN: Barrett Miller, or fax to Barrett Miller (put ATTN: Barrett on fax) at , or scan and to Barrett Miller at barrett@businessasap.com, or bring your ballot to the special meeting of the Wilson Mesa Ranch Homeowners Association set for September 9th, 2014, at 10:00AM in the medium meeting room on the second floor of the Wilkinson Public Library in Telluride, CO. Barrett must receive ballots before the meeting, unless you are attending in person, so please mail, fax or several days before the meeting. Ballots received after the meeting cannot be counted.

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