5/9/2017 Board Minutes





The meeting was called to order by Vice President John Dustin at 7:02 p. m.


Board member present:  John Dustin, Jim  Clay, Angie Pommier, Waterman Ormsby III, and Pat Le Roy.  Jim Clay asked John Dustin to conduct the meeting.


Guest Present:  Steve Harris and Shirlene Hendrix.


John Dustin reported that the Minutes from the April 11, 2017 monthly meeting were emailed to all board members for corrections and/or additions.  Minor corrections were made.  The minutes were posted on the website and at the mailboxes.  Waterman Ormsby III moved that the minutes be approved as corrected, second by Angie Pommier.  Vote to approve was unanimous.


Pat Le Roy presented the Treasurer Report.  The balance in the Winter Account is $4709.62.  Both checks written were cleared:  Neils $160.00 for snow removal; CRG $1288.50 for grading and additional gravel.  The balance in the General Account is $44507.82.  All checks written cleared:  American Family Insurance $687.00; Goldman, Robbins, Nicolson and Mack, P.C. $1725.00 legal fees Review Committee; Pat Le Roy $104.00 for stamps and copy card.  One payment of $30.00 was received for the 2017 Annual Assessment.  Waterman Ormsby III moved that the Treasurer Report be approved, second by Jim Clay.  Vote to approve was unanimous.


Pat Le Roy presented the following invoices for payment.  Winter Account:  Neils $200.00 Snow Removal.  General Account:  Desert Mountain $15797.76 Dust Abatement; Goldman, Robbins, Nicholson, and Mack, P.C. $225.00 Legal fees; CRG $4432.00 Road work prep for dust abatement and additional gravel.  Waterman Ormsby III moved that these invoice be approved for payment, second by Angie Pommier.  Vote to approve was unanimous.  Shirlene Hendrix expressed her appreciation that the dust abatement product was applied to the roads along her property lines.  She had previously requested that the product not be applied, but after researching the product she found that it was safe and would not leach into her water supply.  She also asked if this application was heavier than last year which it was.


2017 Annual Assessments collected to date $30436.00.  Eleven assessments remain uncollected totaling $3437.00.  Those assessments are all landowners within Subd. #2.


CC&R REVIEW COMMITTEE – The committee submitted a draft with their recommendations for changes to the By-Laws.  These recommendations will be reviewed by the Board.  Board members will email their thoughts to all board members.  The Committee’s recommendations and any Board thoughts will be presented to the Attorney for any changes needed for clarification or compliance with State Law.  Pat Le Roy will either hand deliver or email the documents to the Attorney no later than May 30, 2017.  The Board expressed their appreciation to the Committee members for their work.


DUST ABATEMENT – The application was at full strength and under budget.  Sales tax was avoided by supplying the company with the HOA Federal Tax ID number.


ASPHALT ROAD –  The Board will follow up with the different companies who have previously submitted estimates.  Angie Pommier and Jim Clay will contact these companies.  Bids will be reviewed at the June 2017 Monthly Meeting.


MAILBOXES –  John Dustin is heading this project.  Dan Pope has volunteered to use his tractor and Gwen Gold has volunteered her chain saw and labor.  The mailboxes were free saving the HOA nearly $1200.00.


VIOLATIONS – A potential violation regarding a construction trailer was discussed and the Board determined that there was no violation.  A follow up letter will be mailed requesting an update on a proposed garage.


The violation regarding the debris on Lot #21 – The State of Colorado Solid Waste Department inspected the property a second time.  His report states that at this time there are no violations of state regulations.   A copy of that report is attached to the minutes.  The Board wishes to resolve this issue with the landowners and will make another attempt by using the “good neighbor” approach.  Jim Clay, John Dustin, and Waterman Ormsby III will visit with them on Saturday.



Pat Le Roy consolidated the previously submitted document to reflect fines using a graduated scale for violation of CC&Rs # 16, 17, 19 and 24.  The Board will continue to review this.


INTERNET – no update.


WASTE MANAGEMENT – no update.  Shirlene Hendrix reported that anyone over the age of 65 may ask for a discount from the company.




  1. J. BOYLE Garage Plans – He supplied the Board with a link to a webpage regarding the type of garage he is considering.   Not knowing when this would be constructed, the Board will send a letter stating the information needed for the Design Committee to approve his plans.


NOTICES TO FILE A LIEN –  Pat Le Roy has the notices ready to mail.  These notices are for already existing liens for additional years interest.  No new liens have been filed for nonpayment of the 2017 Annual Assessment.


ANNUAL MEETING – July 15, 2017.  Jim and Cheryl Clay have graciously offered their home for the annual meeting which the Board greatly appreciates.  Pat Le Roy will purchase the food – hamburger, hot dogs, buns, and condiments.  A packet of information will be mailed by USPS or emailed to landowners and will include:  Agenda, year to date financial report, By-Laws for review and vote.



Pat Le Roy had copies of  Policies and Procedures required by State Law which were previously submitted but not voted on.  One document expands on the already existing Polices – Collections.  Jim Clay moved that this document become part of the Policies and Procedures, second by Angie Pommier.  Vote to approve was unanimous. John Dustin and the attorney worked on the language.  The other is Payment Plan for already existing liens.

Angie Pommier moved that this document become part of the Policies and Procedures, second by Jim Clay.  Vote to approve was unanimous.  These documents will be posted on the website and attached to these minutes.


NEXT MEETING – June 13, 2017 at the Le Roy residence.


MEETING ADJOURNED – Waterman Ormsby III moved that the meeting be adjourned, second by Jim Clay.  Vote to adjourned was unanimous.  Meeting adjourned at 8:30p.m.



These minutes were approved on _______________by a vote of _____________.




John Dustin, Vice President               Date





Pat Le Roy, Secretary/Treasurer        Date