ANGLER MOUNTAIN RANCH HOMEOWNERS ASSOCIATION

Transcription

1 ANGLER MOUNTAIN RANCH HOMEOWNERS ASSOCIATION Cabins Neighborhood Annual General Meeting AMR Yacht Club, 367 Fly Line Drive, Silverthorne, CO Saturday, June 11, 2016, 8:00am 10:00am MDT I. Call to Order The meeting was called to order by Ray Tyburski at 8:05am II. Introduction of those present, proxy certification and determination of quorum Board Members Present Ray Tyburski, Member-at-Large Jeanine Kennedy, Member at Large Dawn Crane, Declarant Tim Crane, Declarant Membership Present Steve Anderson, 88 Hares Ear Al Barhorst, 40 Buckskin Brad Benz, 148 Stonefly Andrea Cohen, 221 Stonefly Scott & Susan Deaner, 68 Buckskin Barry Dupuy, 245 Stonefly Steve Gandy & Linda Block-Gandy, 174 Stonefly Bob & Cathy Kirk, 229 Stonefly John O Brien, 78 Buckskin Kim & Tom Pappas, 10 Stonefly Ben Scott, 59 Hares Ear Danielle Sandusky & Matt Hubbard, 53 Stonefly David Servinsky & Diane Godfrey, 30 Stonefly Steve & Lora Smith, 160 Stonefly Dan Stone, 234 Stonefly Marilyn Topping, 85 Buckskin Management Representation Eric Vogt, Community Association Manager Autumn Ward, Apprentice CAM Others in Attendance Mark Richmond, Declarant Attorney Danny Teodoru, Association Attorney III. IV. As the association is in the Class B Ownership Period, there is no quorum requirement. With that being said, 29 of 31 of Cabins homeowners were represented, in person or via certified proxy, and a quorum was reached with 93.5% of the membership in attendance. Proof of notice of meeting Eric informed the membership in attendance that notice of meeting was (i) mailed via USPS first class mail, (ii) ed to all members providing an address to the association, and (iii) posted on the association s website, in several locations throughout the Neighborhood and at the AMR Yacht Club. These deliveries and postings satisfied all requirements of the governing documents and state statute. Lease Restriction Discussion Tim asked if we could amend the agenda to deal with the lease restriction issues as both he and the association have their attorneys present. Without objection from the membership in attendance, the topic was moved to the front of the agenda. David Servinsky updated the membership on the work completed by the Rental Rules Committee in the previous months and reviewed the documents relating to their work. Danny reviewed the memo that he presented to the committee, and distributed to the membership, and outlined the reasons for recommending a vote, by mail in ballot, versus having a vote at the meeting. The Declarant will not allow this leasing restriction to take place during the Class B Ownership period as the Declarant felt that this was an inappropriate time until those homes under contract could be represented. As per article 3.2(c) of the Declaration, these rules cannot be effective without the Declarant s approval. Discussion ensued regarding voting procedures, the process of voting today versus doing a mail in ballot in the future and voting before or after the end of the Class B Ownership Period. P.O. Box Wildernest Road, Silverthorne, CO Fax General Information

2 Angler Mountain Ranch HOA Cabins Neighborhood Annual Meeting June 11, 2016 IV. Lease Restriction Discussion (continued) MOTION: A motion from the floor was made to adopt the lease restrictions provided by the Rental Rules Committee. The motion was seconded and additional discussion took place. The proposed rules & restrictions are attached to these minutes for reference. The homeowners requested a vote to see where the vote would end up today if the Declarant would allow it. With approval, Eric outlined the voting procedures. Ballots were distributed to the membership and collected for counting. The ballots were counted by Eric Vogt, Autumn Ward and Danny Teodoru. o The ballots were counted and the results announced: In Favor: 20 Against: 9 V. Developer s Report Tim updated the membership on current development in AMR. The Cabins Neighborhood will be built out by the end of the year with 37 units. There are only two of the remaining eight units still available for sale on Hares Ear Lane. There are still several Single Family Home lots available. When these are sold, the remaining properties on the east side of AMR Road South and Mayfly Lane will become available. Dragonfly Lane is currently being built out and will be completed this year. There are still 2 units available for sale in this area. Construction has begun on the East side of Fly Line (near the Yacht Club) with occupancy expected by the end of the year. There are still 3 units available for sale in these triplexes. With these complete, construction will start on the parcel north of Fly Line. This is the last phase of construction for the Townhomes Neighborhood. It s expected that the Class B Ownership Period will come to an end before the end of the year when the association reaches 75% occupancy/sell-through. Discussion took place regarding the speed of construction vehicles and the deteriorating condition of the road at Hares Ear and Stonefly. Tim will address the speed issues with his team, will post speed limit signs throughout the neighborhood and work with the Town of Silverthorne to get things under control. The condition of the intersection will be addressed when Hares Ear is paved. All drainage throughout the neighborhood will be cleaned out next year after construction is finished and there is little chance of more soil being swept into them. VI. President s Report Ray detailed all of the actions that the Neighborhood has taken in the last year. a. Project List Review The Cabins Neighborhood has contracted with a weed spraying company to control noxious weeds, in disturbed areas, throughout the Neighborhood maintained property. They will also be taking care of the broadleaf weeds located in the turf and natural growth areas surrounding the homes. This work is being done in conjunction with the Townhomes Neighborhood and the Common HOA areas throughout the property. All Cabins exteriors are scheduled for routine maintenance this year to take care of high exposure areas needing attention due to the strong UV at this altitude. Please let Eric know if you have any concerns so they can be addressed. Painting of all Cabins built in 2012 is scheduled for the summer of DRAFT Page 2 of 4 July 28, 2016

3 Angler Mountain Ranch HOA Cabins Neighborhood Annual Meeting June 11, 2016 VII. VIII. IX. b. YTD Financial Review Ray went on to review the April 2016 financials. Current budget is drafted with a year-end net income of approximately $2800. Year to date we are approximately $1,100 behind budget. It s expected that we ll finish the year over-budget, but still with a positive balance. Committee Updates Landscaping/Design Review Committee Ray detailed the Executive Board s decision authorizing the individual Neighborhoods to manage DRG requests. It was noted that the Neighborhood would need volunteers to serve on this committee. They would be responsible to work with the association s landscaper to make recommendations, to the board, regarding installation of hot tubs, satellite dishes, fences (around patios), trees/shrubs, etc. Diane Godfrey volunteered to serve on this committee. An owner brought up the health of the trees near his home and in the surrounding area. Discussion took place regarding the best way to deal with the issue. It was determined that the soon to be formed Landscaping/Design Review Committee would address this issue and report to the board. Election of Neigborhood Committee Member One seat available, three year term It was explained that the empty seat was vacated by David Fagin when he sold his home late last year. As his term was set to expire this year, the newly elected board member will be serving a three year term. The floor was opened to nominations. Several people were nominated with only David Servinsky accepting his nomination. With no additional nominations from the floor, nominations were closed. Without a contested election, a motion from the floor was sought to elect David by acclimation. MOTION: A motion to elect David Servinsky to the board by acclimation was made. The motion was duly seconded and carried unanimously. New Business a. Discussion and Ratification of FY 2017 Budget Ray explained that there would be no increase in the regular assessment for the coming year. As part of the Declarant turnover, the Declarant will provide an updated reserve study for the Neighborhood. The results of this study may dictate an increase in regular assessments, due to the large increase in construction costs over the last two years, to fund for reserve projects for FY18. There was discussion regarding the budget before the floor was asked for a motion to approve the budget as presented. MOTION: A motion was made to approve the FY17 budget as presented. The motion was duly seconded and passed unanimously. b. Open to membership in attendance A member inquired as to the need for driveway sealing. It was explained that it is an association responsibility and was included in the previously commissioned reserve study. The board will look at this to determine needs for next year. A request was made to put something in place that would inform the membership and let them know what to expect from the board going forward. DRAFT Page 3 of 4 July 28, 2016

4 Angler Mountain Ranch HOA Cabins Neighborhood Annual Meeting June 11, 2016 b. Open to membership in attendance (continued) Janice Barringer and Roger Kendal spoke about the Silver Trout development on the west side of the lake and asked the membership in attendance to sign a petition from the Angler Mountain Ranch HOA urging the Silverthorne Town Council to reject the plan for development of this parcel. X. Adjournment With no additional business to discuss, the meeting was adjourned at 10:10am. Respectfully submitted: Eric Vogt, Community Association Manager Wildernest Property Management, LLC Approved: Dawn Crane, Declarant Angler Mountain Ranch Townhomes Neighborhood DRAFT Page 4 of 4 July 28, 2016

5 AMRC SupplementalR&R-DRAFT.docx Revised:5/26/2016 Angler Mountain Ranch Homeowners Association Cabins Neighborhood Proposed Rules & Regulations for Leasing The following Rules and Regulations ( Rules ) have been created by the Cabins Neighborhood of the Angler Mountain Ranch Homeowners Association ( Association or Community ) in order to protect and enhance the investment of the Members of the Association and contribute to the harmonious and enjoyable living environment of all who own property and/or reside in the Angler Mountain Ranch Cabins Neighborhood ( Owners and/or Residents ). 1. OVERVIEW A. Association as Sole Interpreter. The interpretation of the Rules will be subject to the exercise of the reasonable discretion of the Association. B. Failure to Act. No failure or forbearance of the Association to insist on the strict adherence to any provision of the Rules shall constitute a waiver of such provision unless such waiver is made in writing by the Association. Furthermore, no failure to enforce any provision of the Rules shall prevent the Association from subsequently exercising any of the rights and remedies found in these Rules for any subsequent breach. C. Applicability and Responsibility. i. Applicability. These Rules shall apply to all Owners, Residents, and Tenants of the Cabins Neighborhood, specifically. ii. Responsibility. In all cases, Owners shall be responsible for the activities of their family and guests, as well as the activities of their Tenants and their Tenant s family and guests. Moreover, any other Tenant or other resident of any of the Cabin properties shall also hold individual responsibility for their individual activities. iii. Tenants. Tenants must receive a copy of the Rules and expressly agree, in writing, to abide by the Rules, by means of an acknowledgement included in their lease agreement.

6 AMRC SupplementalR&R-DRAFT.docx Revised:5/26/2016 iv. Initial Developer Purchase and Sale Agreement between Compass Homes and Buyers. These Rules shall have universal application throughout the Cabins Community regardless of any disparate or inconsistent provisions expressed in any past or future sales agreements, or any other writings or representations to the contrary whatsoever. Every Owner is obliged to keep themselves updated as to the status of the existing rules and regulations applicable to the Neighborhood. v. Payment of Fines. Each Owner is responsible for payment to the Association for fines levied as a result of violation of these Rules. vi. Amendment of this Rule. Subsequent to official adoption of this rule, any amendment thereof must be approved by more than 60% of Owners in the Cabins Neighborhood. D. Local, State and Federal Law. The Rules established by the Association shall not supersede local, state or federal laws and regulations. The Rules shall also not supersede, abridge or conflict with any provision of the Declaration applicable to the entire Angler Mountain Ranch Homeowners Association. Civil complaints and violations of local ordinances or state or federal laws may be pursued through normal legal channels without the involvement of the Association or the Board. 2. LEASING AND RENTING A. If Owners choose to lease or rent their Home, a minimum lease term of 30 days is required. B. Owners may lease or rent their Home a maximum of four times per Association Fiscal Year. C. All such lease or rental periods shall be effectuated in writing. Rentals that are not effectuated by written document in advance of the rental period, and reviewed in advance by the Association, shall be considered to be in violation of this section 2, regardless of compliance with other provisions herein.

7 AMRC SupplementalR&R-DRAFT.docx Revised:5/26/2016 D. A standard lease or rental agreement must include, but is not limited to, the following: i. The number of adults over age 18 that may occupy a leased Home shall not exceed eight. ii. The number of vehicles parked at a leased Home shall not exceed four. E. Leases or any other form of rental agreement must be forwarded to the Association 10 calendar days in advance of Tenant occupancy. If it is not practicable to provide the lease 10 days in advance, i.e. a last-minute rental, the lease must be forwarded to the Association in advance of Tenant occupancy. F. Owners must provide a copy of all Association Rules to Tenants; Tenants must agree to abide by them in writing, by means of an express acknowledgement included in the lease or rental agreement. G. Owners must be in compliance with all applicable federal, state, city and county laws and regulations regarding leasing. H. Subleasing by a Tenant is prohibited. I. If Owners choose to donate use of their Home to a non-profit 501(c)(3) organization, the 30-day minimum lease term will be waived. Any other exceptions granted hereunder shall be in the sole discretion of the Association.