Roll call. 4:03 p.m. Meeting called to order; quorum established.
Proof of notice of meeting completed.
Reading and approval of 11/30/23 Meeting Minutes completed.
a. Noxious Weed Committee. Current members consist of John Nelson, Paul Morgan, Jennifer Kermode, and Karen Gorman. Committee meeting to be scheduled in May ahead of the next board meeting. Current tasks include speaking with Dos Rios 1 about mowing the green belt and meeting with Dos Rios GC to discuss treatment or mowing of GC managed areas with a history of becoming infested. Monitor vacant lots that become weedy and contact lot owners as necessary.
b. ByLaw Committee. Current members consist of Sean McCormick and Russ Halprin. The committee is looking for a third member. Dos Rios III bylaws need to be updated. CCIOA had a major update in 2022; need to ensure compliance and congruence with any applicable updates. The committee will contact the HOA attorney to see what’s advised and what should be updated.
c. Architectural Committee. Committee members were confirmed and consisted of Steve Westbay, Mark Hatcher, Kathy Bignell, and Jennifer Barvitsky. Rob Strickland will reflect members on the Dos Rios III website.
d. HOA Financials. Sarah Vick reported that a second notice for delinquent dues payments was sent out in January 2023 reflecting unpaid invoices and total owed. Existing penalties for delinquent payment of dues were discussed and that beginning in September the Board will pursue delinquent dues, as per the HOA bylaws.
5. Discussion of old and unfinished business
a. HOA Letter. Discussed and confirmed HOA letter from Board President was mailed out (February 8th, 2023).
b. Paving and Roads Improvements. No updates. Sean McCormick mentioned Spring is an appropriate time to reach out to the County regarding road improvements around the mailbox areas. An inquiry was made as to when the county might resurface county-maintained roads and Dos Rios III is currently not on the list, however, there is interest in meeting with the HOAs regarding water infiltration and road surface conditions. Sarah Vick will be contacting United Paving to get an estimate for paving the mailbox areas.
6. New Business
a. Committees or working groups needed. The board discussed if a Covenant Committee should be formed. This committee would have 2 basic tasks: 1) Review the covenants and where covenants are not clear, make recommendations to the Board on how that covenant should be interpreted, and 2) Inspect the neighborhood to report to the Board on possible infractions to the covenants. The intent would be to determine if there’s non-compliance with the covenants, identify violations, and make recommendations to the Board. This does not include enforcement which is strictly a responsibility of the HOA board.
b. Short-term rentals (STRs). The board discussed proactively addressing the potential issues stemming from the presence of any current or future STR’s. The board will consider having the HOA attorney investigate and identify current local and state ordinances governing STRs.
c. Scam emails. Several board members report receiving scam or hoax emails soliciting funds. Changing personal email addresses to generic HOA email addresses is recommended and can be facilitated by Rob Strickland.
d. Speeding and speed limit enforcement. Speeding continues to be a problem on community roads. The board is inquiring with the county regarding the deployment of permanent and mobile speed limit signage and other options for assessing traffic speeds and volume.
e. Target Date for next HOA letter: Summer 2023.
7. Set date for next Board Meeting: 6/8/2023, 1600-1800, Gunnison Public Library.
Reading and approval of minutes from the Annual Meeting
Discussion of old business
Mailbox parking areas
Updating bylaws for CCIOA
Committees or working groups needed
Set date for next Board Meeting
Street and speed limit signage / Paving of Mailbox Areas
Tomichi trail road sign missing is missing at junction with Fairway Lane. The board is in the process of working with County Road and Bridge to discuss road signs and speed limit signs, as well as road improvements around the mailboxes. It was noted that one speed limit sign is typically all that is posted on a dead-end road.
An HOA letter informing residents of the election results to modify the HOA Bylaws and what occurred at the Dos Rios 3 HOA Annual Meeting was mailed to residents in early November 2022.
Annual Meeting Minutes
Minutes from annual meeting were unanimously approved.
No updates provided.
The Board unanimously approved to create and or renew several HOA committees to work on recurring HOA business and projects.
The Committees are:
1. By-laws/Covenants Committee: This committee will meet with our HOA Lawyer, Mr. With, to review all our By-laws and Covenants and recommend any needed changes so that they are in accordance with Colorado Common Interest Ownership Act (CCIOA). 2022 brought several changes with several new laws being enacted by the Colorado Legislature and signed by the Governor, which will affect HOA’s. Once this committee makes its recommendation, we will provide that information to the members and hold an election on those changes. The Board would like to add one more member to this committee which currently includes Sean McCormick and Russ Halprin.
2. Noxious Weed Committee: This committee will assess noxious weeds in the area and look at ways to educate and inform our members as to why and how noxious weeds may be treated and how to minimize impacts to non-target species. The committee will explore ways to work with the County and Golf Course to coordinate the treatment of noxious weeds. The chair for this committee is John Nelson and the Board is looking for a minimum of 2 more members.
3. Architectural Committee:This committee will remain active even though there are only a few lots left to build on. As homeowners look to add on to their homes, update their exterior, or plan to install a fence or outbuilding, the Architectural committee will need to approve those projects. The Board is looking for the addition of 1 more member to this committee. The Committee currently consists of Jennifer Barvitski, Steve Westway and Mark Hatcher. The Board will send out a reminder to anyone contemplating changes to the outside of their house or changes to their property where to find the application for improvements to start the approval process. Applications are located on the Dos Rios 3 web page (http://dosrios3.com). From the Home Page, residents should click on the ‘Menu’ button and scroll down to ‘Architectural Review’. Some of the information required to be submitted should include but is not limited to: plans, a drawing of the lot showing where construction will occur, and samples showing materials and color schemes of the proposed project. Specifics for what information the committee needs may be found in Section 5 of the Covenants available on the HOA web site.
The Board will share information about these committees in newsletter to HOA residents. Residents are encouraged to contact the HOA if they have an interest in serving on one of the committees.
A notice reminding residents of their responsibility to uphold the HOA covenants will be sent out in a newsletter. Covenants are listed on the Dos Rios III Web Page (http://dosrios3.com).
A short version of covenants to be highlighted include:
Section 4 Lot Use: All lots within Dos Rios Unit 3 shall be used exclusively for single family dwelling. No business or commercial activity shall be conducted on any lot.
Section 7. Temporary Building: No mobile homes or temporary buildings of any nature.
Section 8. Animals: No animals allowed except 2 domesticated pets.
Section 8. A. No pets shall be allowed to run at large. Animals shall be enclosed within a fence or on a leash.
Section 12. Fences: Fences, hedges, walls, and landscaping devices may be allowed after written approval by the Architectural Committee.
Section 14. (Amended Sept 2005) Exterior Storage of Vehicles and Recreational Equipment: No more than 3 vehicles or items of recreational equipment (examples are campers, utility trailers), or combination thereof, shall be stored upon any lot, outside of the garage, they must be fully operational and where required by Colorado statute, have current registration…. For purposes of this paragraph, recreational equipment includes boats, campers, motorcycles, snowmobiles, golf carts and other similar items. When more than one item of recreational equipment is kept upon or within a trailer which is currently registered and displays a current number plate, they shall be considered one vehicle.
Section 16. Repairs: All buildings and structures shall always be kept in good and proper repair and in an attractive appearance by the owner thereof.
If residents have any questions concerning any of the Dos Rios III HOA covenants, they are encouraged to contact the board using the contact information on the HOA website or send an email to email@example.com.
Meeting Adjourned- 7:32 p.m.
Next Board Meeting is Scheduled for 3/14/23, Gunnison Public Library Conference Room, 4:00 p.m.
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 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.
Task: Put 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.
Rob Strictland – HOA member currently managing HOA website.
Question: What kind of insurance does the HOA have?
Mark Hatcher: Indemnity Policy for Board Members.
A question was posed if the HOA has a common pond located near the tee box of the 17th hole on the golf course?
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.
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.
Sandy Dowis motioned to adjourn the meeting. Don seconded the motion. All members present approved.
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
-Meet to approve a budget
-Propose an increase in dues
-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
Board member E Mail
Russ – frenchkissbreck@gmail
Betsy – elkothedog@gmail
Sean – mcCormicks01@roadrunner
Shawn – shawnmeldrum0461@gmail
Attendees: Russ Alpern, Betsy Janney,
There was no old business to review.
-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
-There was discussion to propose an
amendment to the by laws regarding short
-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