Category Archives: Minutes

Annual Meeting 2022 Minutes

9.15.22 Meeting Minutes

DOS RIOS III HOA ANNUAL MEETING MINUTES

Annual Meeting:  9/15/22, 5:00 pm, Dos Rios Golf Course Clubhouse

Attendees (n=11):  

  • Sean McCormick
  • Russ Alpern
  • John Nelson
  • Mark Hatcher
  • Sandy Dowis
  • Bill Dowis
  • Kathy Bignol (sp?)
  • Don Janney
  • Mark Miller 
  • Kristen Copenhawn
  • Angelyn Harvey

Meeting called to Order:  5:00 pm (Sean McCormick)

Results of the Vote to Amend HOA Bylaws  

Vote | Dos Rios III (dosrios3.com)

Background:  Objections have been made to the organization and operation of Dos Rios III Homeowners Association, Inc., a Colorado nonprofit corporation (the “Association”). The Association desires to resolve these concerns so that it may continue operations in the best interests of the community. Pursuant to C.R.S. § 7-127-109, “any action that may be taken at any annual, regular, or special meeting of members may be taken without a meeting” by written ballot. The Association desires to clarify the quorum requirements for the Association. At this time, the only bylaws document for the Association provides, “A majority of the members [of the] Corporation in good standing and in actual attendance in person or by proxy at any annual or special meeting of the Corporation shall constitute a quorum at such meeting for the purpose of transacting business.” It has proven impossible to have a majority of the members of the Association in good standing actually attend a meeting of the Association. Accordingly, the Association desires to adopt a quorum requirement for meetings of the membership that establishes that the members in attendance at a duly noticed meeting of the Association shall constitute a quorum of the Association. A majority of the quorum is required for any action. The Gunnison County Assessor shows 89 lots in the subdivision. According to the existing bylaw provision, 45 members constitute a quorum. A majority of a quorum is 23 members, at a minimum. To pass, these measures must receive at least 45 votes with at least 23 members in favor.

Passing this action is necessary to rehabilitate the Association so that it may continue to govern matters such as architectural approvals in the subdivision. If you do not desire to have a functioning homeowners association for the subdivision, you may abstain from voting or may vote against this measure.

Ballot Question:  To adopt and amend a bylaw for the Association as follows:
All bylaws of the Dos Rios III Homeowners Association, Inc., a Colorado nonprofit corporation, regarding a quorum of the members for membership action, including Section 3.4 of bylaws ratified September 22, 2015 are hereby superseded and replaced with the following: A quorum of the membership for purposes of any meeting of the membership shall be those members in actual attendance at a meeting of the membership in person, by proxy, or by electronic means such as telephonically or video conference.  Possible answers:  For, Against, or Abstain

Results were announced by Sean McCormick.  The Bylaw amendment was approved.  60 total members voted (57 in favor, 7 opposed).  Following passage, those present at the annual meeting henceforth represent a quorum.

Discussion:  Sean McCormick shared those voting in opposition to amending the bylaws had expressed concern that a rogue board could come to power under the revised requirements for obtaining a quorum.  It was recognized that this notion is fundamentally flawed as members can vote for board members in person or by proxy or electronic means in the event they cannot attend the annual meeting in person, thereby assuring every member can actively participate in board business and elections.   

Election of the Board

Sean McCormick nominated Mark Hatcher for president.  Mark Hatcher nominated Sean McCormick as Vice President.  Sarah Brick volunteered to continue serving as Treasurer.  John Nelson self-nominated to serve as Secretary.

Mark Hatcher motioned to accept new board members.  All present voted unanimously to elect nominees to the Board.

Newly elected Board of Directors:

Newly elected board went into executive session for 10 minutes then reconvened to preside of the remainder of the meeting.  

Staggered board member terms were proposed:  President 3 years, Vice President 2 years, Secretary 2 years, Treasurer 1 year.  Mark Hatcher motioned to approve staggered terms.  John Nelson seconded, all present in favor.  

TaskPut together a letter letting residents know who the board is and provide board member contact information.   Remind members of HOA Covenants and that a minimum the HOA must hold quarterly meetings.

HOA Website  Dos Rios III | Home Owners Association (dosrios3.com)

Rob Strictland – HOA member currently managing HOA website.  

HOA Insurance

Question:  What kind of insurance does the HOA have?

Mark Hatcher:  Indemnity Policy for Board Members.

Common Areas

A question was posed if the HOA has a common pond located near the tee box of the 17th hole on the golf course?

Financials

Hard copy financial statements were provided to members present at the meeting.

  • Dos Rios III HOA Balance Sheet Standard as of September 15, 2022
  • Ros Rios III HOA Profit and Loss Standard, January 1 through September 15, 2022

No concerns regarding financials were voiced.

New Business 

Discussion:  Re-writing the HOA bylaws.

Russ Alpern recommends the board investigate having the bylaws re-written as they are old and dated.  There’s no enforcement capability in the current bylaws, leaving the Board with no authority to enforce the covenants.  Also, the Colorado Common Interest Ownership Act (CCIOA) rules are currently not reflected in the HOA bylaws.  By law, CCIOA rules must be adopted by the HOA.  CCIOA and Other State, Local, and Federal Laws | Division of Real Estate (colorado.gov)

Annual Dues are set by the board. 

The board should review financial reserve requirements stipulated by the State of Colorado.

Russ Alpern motioned that the Board will investigate and work with the HOA attorney to determine what it would take to update the HOA bylaws and covenants and present this information to the membership.  Projected cost expected to be around $2,000-$3,000.  

Bill seconded the motion.  All present voted unanimously for the measure

Task:  Have Jacob (HOA Attorney) provide a cost estimate to the board for reviewing and updating the HOA bylaws and covenants.  

Discussion:  Paving mailbox areas.  Who is responsible for maintenance?  Could the HOA pay for these improvements?

Motion was made by (name) for the board to investigate improving and maintaining areas around the mailboxes.  Russ Alpern seconded the motion.  All members present in favor.  

Task:  The board will investigate who is responsible for maintenance and determine feasibility and cost for paving these areas. 

Discussion:  Speed limit sign on Tomichi Trail.  Would the county consider installing a new speed limit sign?  Also, replace the Tomichi trail street sign at the intersection with Fairway Lane?  

Task:  The board should determine and verify where existing roadway signage is present and or missing.

Adjournment

Sandy Dowis motioned to adjourn the meeting.  Don seconded the motion.  All members present approved. 

Meeting adjourned:  ~6:20 pm.

Dec 3, 2019, Board Meeting

Dec 3, 2019, Meeting Minutes in PDF

Dec. 3 meeting minutes
Attendees: Russ Alpern, Shawn Meldrum,
Sean McCormick, Betsy Janney
-Last meeting minutes were approved.
-HOA sign that fell down is in great shape.
The decision was made to save the $3-5000
and put the old sign back up. Sean will work
on getting the sign back up.
-We need to create a budget in the next few
months
-Meet to approve a budget
-Propose an increase in dues
-Project ideas
-Neighborhood cleanup
-Weed mitigation
-Neighborhood BBQ
-Pursue past due accounts. Russ will get
list of delinquent HOA dues from Sarah.
-Sean M. moved to have attorney Jacob With
write an amendment to the by laws
addressing short term rentals to state that
rentals have to be at least three months in
length. Betsy 2nd the motion. Passed.
-Architectural review board members are
needed.
Board member E Mail
Russ – frenchkissbreck@gmail
Betsy – elkothedog@gmail
Sean – mcCormicks01@roadrunner
Shawn – shawnmeldrum0461@gmail

2019 Annual Meeting Minutes

October 2019 Meeting Minutes in PDF

October meeting
Attendees: Russ Alpern, Betsy Janney,
Shawn Meldrum
There was no old business to review.
New Business:
-Sherrif’s office has been asked to look in to
why the flat bed trailer has been parked on
the side of Tomichi Trail just beyond the mail
boxes.
-There was discussion to propose an
amendment to the by laws regarding short
term rentals.
-Russ will talk to Sarah regarding getting
more bids for post box paving.
-Russ will check with Sarah to see if CD has
been changed to money market account.
-Shawn will contact Rob to see if he is still
willing to update the HOA website.
-Russ will ask Sarah if she has looked in to
replacing the HOA sign that fell down. We
need at least three bids.
-The idea was brought up to invite the non
HOA members in to the HOA once we have
done a project or two.
Meeting was adjourned

Annual Meeting 2015

Thank you Dos Rios Golf Course for hosting us! We had a very productive meeting, and thanks to all who attended!

If you would like to read/review the minutes we have then in PDF for your download here.

2015 YTD Budget is also available for download.

Annual Meeting 2014

Dos Rios 3 HOA Annual Meeting Minutes Call to order 5:34pm 9/16/14 ROLL CALL:

  • Sue Uerling: 656 Fairway Ln.
  • Pam Hatcher: 733 Fairway Ln.
  • Meredith Mcmanus: 289 Fairway Ln. & 974 fairway Ln.
  • Kathy Bignell: 1061 Fairway Ln.
  • Frank Kugel & Debbie Harris: 266 Tomichi Tr.
  • Jennifer Barvitski: 635 Tomichi Tr.
  • Kirsten Copenhaver: 776 Fairway Ln.
  • Betsy and Don Janney: 422 Tomichi Ln.

APPROVE MINUTES:

  • Sue moves to approve the 2013 annual meeting minutes
  • Meredith second
  • All in favor. Vote passes

FINANCE REPORT:

  • Kirsten C got an updated list lots from the county and there are 90 lots
    • 14 unpaid some as far back as 2010.
  • Kirsten C gave a summary of assets.
  •  Frank asked for the maturity dates on the CDs
    •   We have two CD’s which were originally opened on 7/3/2002 with both opening balances of $10,000 , they mature each year on 7/3 but will continue to roll over to the next year unless we tell them otherwise.  The rate on these two CD’s is currently at .20%.  This rate has not changed since 2012.
      • The balance as of today in each CD is currently =$12,477.63 on each of the CD’s.
  • Meredith recommended the HOA be listed as creditor for foreclosures… No action was taken.

RESOLUTIONS:

  • Can we charge for cleanup, mowing, weed spraying and bill the owners?
  •     David Barton should write a Landscaping Resolution amendment to give us the power to and we want to charge full price plus a fee/penalty. Ask David for suggested assessment fee options based on area comps.
  • Don J will investigate what we can do to enforce (based on adopted resolutions) in the case of foreclosures
  • A “Standards Monitor” (Sue Uerling) has been established and they will verify and legitimize submitted complaints and then notify Frank K if filed complaints needs action re: landscaping compliance or lack thereof
  • Kirsten C will notify Frank K re: overdue dues. Frank will notify attorney
  • Rob will update the web form (change from appeals to concerns) and add to the form a requirement regarding contacting a neighbor regarding their complaint first and the documentation of the same also needs to be included in the form
  • Process to mange concerns is as follows
    • Webform
    • Standards Monitor will validate
    • HOA letter and notice of assessment fee will be mailed, by HOA, to homeowner
      •   compliant with new Landscaping Resolution
    • Then attorney letter and assed fee charged to homeowner
    • Further legal action if needed, in compliance with Resolutions, will be requested of the attorney by Frank K.

ELECTIONS:

  • Board member elections:
    • Kirsten C and Meredith requested to be re-elected, and a vote was conducted.
    • All in favor of re-electing Kirsten and Meredith. Directors Elected.
  • Nomination of officers by Board.
    • Don moved to re-elect Rob as President, Jennifer as Secretary, and Kirsten as Treasurer
    • Frank seconded the motion.
    • All in favor. Officers elected as proposed.

NEW BUSINESS:

  • Pam H expressed concerns about the neighborhood tolerance regarding feeding large wildlife (deer) and asked for HOA support
  •   Jennifer mentioned Nick Gallowich has said he will visit homeowners if requested
  •   We will include this topic in the next newsletter

ADJOURN:

  • Frank motioned to adjourn at 6:34pm
  • Meredith seconded the motion.
  • All in favor.  Motion passes.