TRRPOA 2013 Annual Meeting
Saturday, December 7, 2013
1:00pm
Castle Rock, CO
I.
II.
III.
IV.
V.
Secretary’s Minutes
Call to Order
Roll Call by Secretary---18 lots in attendance: Robert Mathews—Lots 3 & 57, Robert & Barb
Wolf—Lot 10, Larry Ogle---Lot 14, Laurie Hughes—Lot 17, Norman Staples—Lot 27, Bill &
Nancy Ickes—Lot 28, David Petschauer---Lot 53C, Pam & Eric Fitz—Lot 61, David Roden---Lot
60, Jennie Gross—Lot 71, Robert Golden---Lot 72, Kent Osborne—Lot 74, Ruth Ann Olson—
Lot 86, Tom Benson—Lot 104, David Flores---Lot 119A, Ken Harmon---Lot 220, and Dave &
Kim O’Shea—Lot 235
Approval of Last Meeting’s Minutes
President’s Report
a. Ground rules for orderly meeting: Stand, state your name and lot number after being
recognized by President to respond. We need to keep the topics on point and clear for the
recorder and transcript.
b. Review of procedures and policies implemented so far this year.
i. Open board meetings with announcement beyond requirements in law
ii. Moving locations to encourage more participation
iii. Proxy explanation of how the process works and why it adds a level of security and
confidence---enough property owners and proxies are in attendance for the quorum
to count.
iv. Web site updates
Treasurer’s Report
a. Treasurer’s report: end report Nov. 20, 2013. See Attached documents (past 3 years’
documents provided). TRRPOA is running in the black for 2013.
b. Budget 2014---see attached.
c. Proposal to utilize electronic payment methods in future
d. Questions: Snow removal…how are those who live on the ranch supposed to get out? Do
we want to have/keep a snow removal contract? For snow removal and trash pick-up, those
who live on the ranch get $200 more in services than they pay in dues. Is this fair?
Comment: in the past, the road maintenance was to take care of grading and snow
removal. Dues were decreased at that time while Mr. Wolf was President and Mr. Ogle was
Secretary. More questions are out there. Comment: the board is evading the membership
with information. Why are we paying legal fees? What happened with the Pole Canyon
CD?
e. The Board is trying to accommodate everyone’s points of concern, but the disruptive
behavior of some of our members makes it very challenging to conduct a meeting.
f. Snow removal can be considered if it is the will of body to have a snow removal contract.
g. Because the board is entrenched in a legal situation, we can’t comment until it is resolved.
The Board is trying to resolve the issue with legal counsel.
h. Info posted on website: individual contacts and questions to the Board are not relevant to
being posted to the website. Minutes, financials, meeting announcements, etc. will be
posted. We are attempting to be open. If more needs to be posted to the website, it can be
done.
i. Comment: items related to the health of the ranch are what should be posted. At future
board meetings, give a summary of inquiries made to the Board and reasons for such.
j. Financial info: liens and foreclosures. Liens don’t seem to have much effect. Foreclosures
are bringing down property values. The Board will give future reports on how many
(keeping privacy of names and lot numbers) properties have been foreclosed upon.
VI.
k. CD Pole Canyon: @$12,000 came due in August. Moved into a money market to keep the
best possible interest rate in an interim until we can find a better investment opportunity.
l. Question: assets: the POA owns Lot 151. It would be on a balance sheet, rather than the
P & L.
m. Question: is there a balance sheet? Mr. Roden will make it available. Why is the money
market balance (in the six figures) so high? What is the legal situation?
i. Why do we need legal fees? Updating covenants and bylaws as well as legal
situations. Current legal situation is being covered by D& O insurance.
ii. Legal situation: Case is in Huerfano County, case number 2013CV030045, Division
D.
iii. Future projects: weed abatement for 2014? Road maintenance? Road signs will
need to be repaired/replace due to cattle damage. If there are future projects that
will require such a balance, or do we need to look at future needs to reduce the
dues.
iv. Dues have been reduced from $200 to $100 over the years.
v. Pole Canyon has built 3 wind-generators so far. If they do future damage, monies
will be needed to repair the roads.
vi. Question on discrepancy of numbers from one page to the P & L. Membership dues
current to 11.24.2013.
vii. Quorum: 34 lots are not eligible to vote.
viii. Pole Canyon $10,000 deposited in 2007-2008 to First National Bank of Trinidad. Mr.
Ogle felt the finances were earning good percentages and should not have been
moved. Mr. Fitz’s response: it matured….it had to be moved. It will be put where it
can earn the best interest.
ix. Mr. Ogle feels the account hasn’t been fully disclosed to the membership.
Old Business
a. Weed Abatement – Ongoing discussion for future consideration. Drought in 2013 kept
weeds removed prior year in check, but with fall precipitation, this will need to be looked at
in Spring 2014. Question: what has been done in the past? Brush-hogging and cattle.
Other option: spraying. This will be discussed at future meetings and published.
b. Road Maintenance – finished on time and within budget. First major upgrade in a decade.
c. Sign repairs---cattle have caused damage, the POA should consider repairs/replacement
options.
d. Legal review of covenants: Articles and by-laws were reviewed by law firm of HindmanSanchez, and recommendations have been made to update the articles/by-laws to bring
them into compliance with the state. These recommendations will be given to the future
board for consideration/inclusion/approval.
e. Comment: some current bylaws are not being followed. If they’re not being enforced, we
need to either enforce them all, or have none. This needs to be considered when looking to
potentially add more bylaws.
f. Question: are camper-trailers allowed to be kept permanently on a lot? These issues need
to be discussed….at this point, no, there are no policies in place on how to handle
consequences. Some have been spoken to, and some are coming into compliance. We
need to either enforce all, or have none. Policies (or bylaws) need to be created to set the
recommendations for compliance, fees, etc.
g. Comment: goal of having these policies ready to be voted on by annual meeting 2014.
h. Comment: power poles/underground lines: San Isabel Power Company and developer put
in poles. Power can be put in the ground. The community should make such decisions to
prevent things like power poles, and do things the right way.
i. Question: email traffic from a previous Board member. Does the association need to exist?
What’s the board’s position on this? Could the TRRPOA be dissolved? It’s a legitimate
discussion. End of the bylaws do have a clause for dissolution. At this time, the BOD is
willing to research and discuss with legal counsel, but does not have a current
opinion/position.
j. Suggestion: get legal advice on the process
VII.
VIII.
IX.
X.
k. Grazing lease: the lease is re-signed with Red Creek Ranch (they have rights for grass and
water wells). Mr. Osborne will post this lease to the website.
l. Mineral rights: some lots do have them, some don’t. Check into it: there are shallow
mineral rights and deep mineral rights.
New Business
a. Look into methods for dissolving the POA. A committee of BOD and owners should be
appointed to work on this. How can folks who have the land as an investment, what can we
as owners do to improve the POA, if we don’t dissolve?
b. Budget 2014: dues increase to $200 by 2015? Covenants say minimum dues are $200.
Why are we choosing to go back up? The present rate is in violation of the covenants.
Comment: if we have so much in the bank, why do we need to raise the dues back up?
Comment: we can avoid special assessments if we keep a solid reserve.
c. Comment: If in the future, could we do something for Walsenburg? This is something that
could be discussed at a future meeting. Post community/social events on the TRRPOA
website?
d. Comment: no one wants to get involved with the POA because of the complaints folks are
hearing.
e. Fill three vacant board positions—we welcome participation.
i. Volunteer submissions and nominations: Laurie Hughes, Lot 17. Her comments for
why she’s running: if she’s going to complain, she wants to be part of the solution.
She is one of the plaintiffs in the suit against the BOD. Question: if she’s a plaintiff
and gets elected to the BOD, is she suing herself?
ii. Comment: this board is doing a good job.
iii. Clarification: members of the board are elected by the membership. Officers are
named within the board, rather than individuals running for a specific position.
iv. POA member who is also a lawyer is willing to attend the TRRPOA meetings to help
answer legal questions.
v. Other item for future consideration: improving Lot 151, rent an office/storage space,
etc.
vi. Motion: before we spend money on legal fees for bylaw revision, form a committee
to come back with feedback for TRRPOA dissolution. Seconded, with non-board
members to this committee? This special committee will report to the Board, then
info to the membership. Volunteers for this committee: Barbara Wolf, Jennie
Gross, Ken Harmon and BOD members. Tabled until after the election.
vii. Nomination for the board from the floor: Robert Wolf
viii. Treasurer’s report: voted upon….approved unanimously.
ix. Candidates:
1. Kent Osborne
2. Robert Neher
3. Eric Fitz
4. Laurie Hughes
5. Robert Wolf
x. Election results: Eric Fitz, Kent Osborne, and Robert Wolf
Adjournment of General meeting: 3:40pm
Director Meeting: 3:46pm
i. Officer election by board vote—
1. President: Eric Fitz
2. 1st VP: Robert Wolf
3. 2nd VP: Kent Osborne
4. Treasurer: David Roden
5. Secretary: Kim O’Shea
6. Communication with Robert Wolf via phone
7. Committee to investigate dissolution of TRRPOA: approved.
ii. Set date for first 2014 meeting: March 15, 2014
Adjournment of Director Meeting: 3:50pm