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Dakota Ridge Homeowners Association
August 12, 2010
A regular meeting of the Dakota Ridge Homeowners Association was held on August 12, 2010 at 8:30 a.m. in the Board Room of The Commercial Property Group, LLC at 3001 S. Lincoln, Steamboat Springs, Colorado.
Board Members: David Zedeck
Guests: Medora Fralick
The meeting was called to order at 8:30 a.m.
The Financial report was the first item on the agenda. Medora reported on the Financials. She noted that income was essentially at budget and while as a whole expenses were about $8,600 under budget (primarily due to lower-than-budgeted water system repair and road sign acquisition), the landscaping and road maintenance line items are higher the budgeted (due to the unanticipated removal of two dead trees on the landscaping line and scoria sweeping, attendance by Brian Len (of NWCC) at the annual homeowners meeting and crack sealing on road maintenance expenses).
The next item was the Water Report. Owner David Dennis (Lot 45) had submitted a letter asking for credit for work currently being done on his lot to reduce water usage.After discussion, Mindy Williams made a motion to allow a one-time credit of up to $2,500 after submission to CPG of paid invoices for work done to reduce landscaping water usage. This motion was seconded by H. C. Pace and was approved unanimously.
There was also discussion regarding whether language in the ARC covenants and guidelines should be presented to the homeowners to address the suggestion that as a matter of policy the surcharge provided for in the water rate schedule should be suspended for a period of time for new construction landscaping. The board tabled the issue until next meeting.
The ARC report was next on the agenda. Steve Hofman, owner of Lot 17, joined the meeting. Steve addressed the board concerning the letter he received from the Board notifying him of an intent to fine him for leaving his outside lighting on all night every night in violation of the DRHOA Declaration, Bylaws and Design Regulations (collectively, the “Association Covenants”). Before beginning his presentation, Steve demanded to know if Mindy was in attendance for this part of the meeting as a Board member or an interested party. After some discussion, Tomas noted Steve’s position/concern that Steve felt it was inappropriate for Mindy to be at the meeting as a Board member and Tomas stated that if a vote is taken on this matter the Board would clarify Mindy’s position. Steve began his presentation by requesting that the Board withdraw their notification letter and change their position that his use of his outdoor lighting violated Association Covenants. He disagreed with the Board’s interpretation of the Association Covenants and that keeping outdoor lights on all night was not specifically prohibited by the rules but merely discouraged, as evidenced by the word “should” rather than “shall” in the design regulation setting forth that “Security lights should not be left on for long periods of time or overnight.” He further stated that he believed that the notice letter was ineffective as not complying with the requirements of the Association Covenants. Steve continued by saying that the Association Covenants are not clear in some areas for want of detailed specificity. Steve further commented that the fact that the board had submitted changes to the Design Regulations to the homeowners for approval was proof that those guidelines were not clear in meaning and that he would like to bring the regulations regarding outdoor lighting to the homeowners for review. He noted that he submitted building plans which included the outdoor lighting and these plans were approved and the house was built according to the approved plans. He also offered that if member approved covenants were enacted stating that all-night outdoor lighting was prohibited in language that was unambiguously mandatory and setting forth the times of lighting prohibition, he would abide by those changes. He noted that use of a motion detector was not a satisfactory solution as it would cost him “thousands of dollars” to implement and was impractical in any event due to the frequent approach of wildlife to his home at night.
Thomas Stone thanked him for coming and stated that the Board would take his requests under consideration. Steve asked if it was the Board’s intention to communicate with him shortly, noting that the time for him to take action pursuant to the notice letter was imminent, which Thomas stated that is was. Steve was excused from the meeting. The Board discussed the matter further and agreed that a letter will be sent to the Hofmans explaining that the Board has tabled further action on this matter for the time being.
The next item of business was the ARC report. Mindy gave an update on the status of the landscaping and landscaping plan for Lot 60 (Zedeck). David Zedeck stated that it is his intention the planting of all trees would be completed this growing season but that the precise timing was dependent on his subcontractors completing the installation of the irrigation system and the availability and appropriate time for planting the species of trees designated in the lot’s landscaping plan.
Mindy continued the ARC report with an update on Lot 12 (Redgraves) who met with ARC committee members since the last Board meeting. The Redgraves agreed to not irrigate over 1/8 of an acre, to not leave exterior lighting on overnight, to repair the gouges in Agate Creek Road—all as provided for by the Association’s Covenants—and they further related to the ARC that all exterior work is done except around the Jacuzzi and they projected that landscaping would be completed by the end of August and their driveway paved by the end of September.
David, as a member of the ARC, noted that he had met with the Orzech’s (Lot 34) and asked that they re-submit their plans to install a dog run with the changes requested by the ARC committee.
It was noted that the ARC Design Guidelines are available on the website in redline form for review by all lot owners.
Under Roads it was noted that the road signs had been surveyed by H.C. and David, and those needing refurbishment had been cleaned and repainted by several Association youths. Signs that are leaning will be straightened and re-set by Native Excavating.
Under Other Business, a uniform contract proposal to all DRHOA homeowners from Ferrellgas for propane has been finalized, which would provide for gas at a cost equal to Ferrellgas’ delivered cost plus 45 cents, capped at $2.399. Medora noted that the contract proposal also provides for an extended contract period, from September 1, 2010 through April 30, 2011. The Board thanked Medora and Tim DePuy for their work on the contract.
The next meeting was set for September 15, 2010 at 8:30 a.m.
There being no further business the meeting was adjourned.
Secretary for the meeting