11/7/2023 Minutes

Dos Rios III HOA Board Meeting Minutes

11/7/23, 4:00 PM

Location:  Gunnison Public Library

Standing Agenda

1. Roll Call of Board

2. Proof of Notice of Meeting

3. Reading and approval of any unapproved Board minutes

4. Proposed Regulations for CCIOA

a. Summary of written comments that were received

b. Discussion of Comments

c. Any proposed Changes

d. Board Vote

5. New Business

6. Adjournment


Board Members:

Mark Hatcher – HOA President

Sean McCormick – HOA Vice President

John Nelson – Secretary

Doug Gorman – Treasurer

Property Owners:

Russ Halprin

Jeffery Lazo

Perry & Teresa Anderson

Jim McCallister

Steve Westbay

Jeff Wilkerson

Meeting Agenda

  1. Roll call.  4:03 p.m. meeting called to order; quorum established. 
  1. Proof of notice of meeting completed.   Letter went out 10/4/23.
  1. Reading and unanimous approval of 9/20/23 Meeting Minutes completed.
  1. Committee Reports
  1. Noxious Weed Committee.  None. 
  1. Covenant Committee.  Sean is leading the committee and several folks have expressed interest in participating including Russ Halprin, Jennifer Kermode, Jeff Wilkerson, and Perry Anderson.  Sean will be reaching out to committee members to get the process started. 
  1. Architectural Committee.  None. 
  1. HOA Financials.  None.
  1. Discussion of old and unfinished business
  1. Adoption of proposed regulations to bring DRIII into compliance with the Colorado Common Interest Ownership Act (CCIOA).  Mark specifically addressed comments received at the annual meeting and described current fine schedule and the fine schedule proposed under CCIOA.  Five comment letters were received from the membership.  In 2014, the DR board had already adopted 7 of the 10 articles in CCIOA which are attached to our Bylaws.  A discussion of proposed CCIOA provisions in our draft regulations was compared to existing resolutions in the Bylaws.  The current CCIOA article language is similar but not quite the same for the previously adopted articles in 2014.  The updated set of regulations (2022) provides more accurate language.  Discussion Highlights:  Mark mentioned some confusion exists in the association regarding the adoption of CCIOA vs updating the covenants, and the need to follow the due process of CCIOA.  Doug mentioned CCIOA is designed to protect community members.  Mark shared that the fine fee structure language in CCIOA is designed to protect homeowners from overreaching boards and establishes maximum thresholds.  Article 8 adds language establishing proceedures for handling disputes.  Adoption of CCIOA will inform how covenants may be updated.  Section 4.1.5 of the bylaws allows for removal of board members.  The board will commence the process of updating the covenants soon.  Marc made a motion to approve the regulations as written by our attorney and posted on the DRIII website.  All board members voted in favor resulting in unanimous approval.  
  1. Paving, Roads, and Mailbox Improvements.  Sean spoke with Gunnison County about improving surfaces around the mailboxes.  The County proposed moving the mailboxes such that it is accessed and plowed from one side.  The County will be contacting the Post Office to discuss.  
  1. New Business
  1. Old County Right of Way (Upper mailbox area on Fairway Ln. to Rio Vista).  Sean asked County if they would consider vacating the right of way to the HOA to facilitate common property ownership.  If the transfer would strengthen the HOA, then the commissioners would likely be in favor. The HOA would need to survery the right of way prior to consideration of the proposal to vacate.  John motioned for the board to investigate options for obtaining the vacated right of way.  All in favor with unanimous approval.
  1. Jeffery Lazo spoke about wildfire issues.  The house he lived in Louisville burned.  Recommended the board put in letter that homeowners review their insurance policies and ensure they are adequately ensured.  Question:  Could the HOA enforce any wildfire mitigation?  Western Regional Wildfire Council (WRWC) will do a free wildfire assessment.  The board should also talk to golf course about potential wildfire mitigation activities, e.g., use of sprinkler systems.  Mark will put that in the next update letter.  The covenant committee can also investigate this as they begin reviewing covenants.  FireWise Community membership should also be investigated.  We should inquire with the WRWC on how to get homes inspected.   
  1. Dark Sky Compliance.  Jeffry Lazo (observatory volunteer) would like to see more discussion regarding compliance.  There is a county code recommendation on new construction and remodels where 50%+ total area is added.   There are numerous homes in the community that are not shielded.  Requested the board consider the association becoming dark sky compliant.  
  1. Set date for next Board Meeting:  1/16/2023, 4:00 p.m.  Gunnison County Library.  Target Date for next HOA letter:  Summer 2024.   
  1. Adjournment:  5:12 p.m.