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Antler’s Gulch
Annual Homeowners Meeting
February 15, 2003
Owners Present: Owners Represented by Proxy:
Niranja Sharma 101, 102 & 301 Francois & Ellen LeDantec 103
Sal Miceli 104 Kim Peuschold 201
Gwyndollyn Wheeler & 105 Patricia Hennessy 202
David McLeod Scott Snyder 302
Raj Lohani 106 Brad & Lana Luth 401
Ronald Berggren 203
Jeffre Combine 205
Chad Farmer 206
Gregory Cummings 303
Jon Dwight 304 Also in Attendance:
Bob Mickus 305 Mike Magliocchetti
Kary Langer 306 Manager, Key to the Rockies
Mariann Gibbs 402 Andrea Sonderfan
Terrance Casey 403 HOA Bookkeeper
Lee Atkinson 405
Charles & Catherine Bomberger 406
I. Open, Call to Order
The meeting was called to order at 9:45 a.m. at the Keystone Center. Mr.
Dwight addressed the association stating the goals of the meeting were to
address concerns in regard to the lawsuit, adopt a budget and elect members
to the Board of Directors. The board has worked very hard to realize the
values of the Antler’s Gulch Property.
II. Review and Approve Previous Meeting Minutes
The meeting minutes from the previous annual meeting were reviewed and
declared approved. No changes were suggested.
III. Update on Lawsuit by Jay Bauer
Mr Bauer stated that the purpose of his presentation was to bring the
rest of the Association members up to speed. He began his presentation with
an overview of the history of the lawsuit starting with the purchase of the
first units sold and finished with a summary of the counter proposal given
by Moon Valley.
The pursuit of a lawsuit was based on some of the following factors:
- A Construction Compliance Report by Gillan’s, Inc. identified
over 50 construction defects including flood risks, drainage issues,
roof construction, boiler issues, etc.
- When the HOA was turned over to the current Association by the
developer, the HOA was insolvent.
- When the HOA was turned over to the current Association, the
Working Capital and Reserve had been spent.
- The landscaping had not been completed as promised by
advertising.
- Mr. Bauer was asked whom he represented, the Association or the
Board. The answer was both. Mr. Bauer represents the Association
through the Board.
- No warranty was given from Weitz on three of the four buildings
as was stated in the closing paperwork.
- Flood Damage to Bombergers unit ($9,000.00) that was not covered
by insurance
- Misrepresentation of 2002 Dues Structure
During this time, after many meetings with Mr. Dwight, the county sent
Moon Valley a strongly worded message stating that the landscaping needed to
be completed or they would utilize Moon Valley’s bond to complete the work
themselves. This helped in getting the landscaping completed but the county
declined to take Gillan’s Report and enforce it beyond the landscaping and
select other items. The county did not enforce any of the land slope issues,
which Gillan’s believes will become a problem over time. Another possible
deciding factor for the completion of the landscaping was the upcoming
auction.
The board decided not to pursue filing the lawsuit until after the second
auction of the parcels for building 5 and the commercial buildings. The
board felt that it would be advantageous for the association as a whole to
have the fifth building finished to give Antler’s Gulch a finished look and
to have the additional dues. Economies of scale will hopefully help to lower
the overall annual dues. The board did assure the new owners of building 5
that the legal fees associated with the current lawsuit would not be a part
of the dues for building 5.
The board did feel that filing the lawsuit after the completion of the sale
was time sensitive, as the sale may have represented the final remaining
assets of Moon Valley. The board attempted to obtain a prejudgment
attachment to the proceeds from the auction in order to tie up the proceeds
until after the lawsuit had been settled. Their effort was unsuccessful.
At the first hearing, many different values were given to complete and
repair all construction at Antler’s Gulch. Steve Mytczytnsky believed that
all construction could be completed and repaired for ten to fifteen thousand
while OZ Construction gave a figure of seventy-five thousand and Gillan’s
stated five hundred thousand.
OZ Construction later testified that all work was complete and no more work
was needed. There was one error on the part of the Antler’s Gulch lawsuit.
By Colorado law, the association is obligated to notify members before the
commencement of a lawsuit. This was not done in a timely manner and the
notice was sent out slightly after the fact. The judge has decided to
overlook this matter. The judge has encouraged both parties to settle and
that is exactly what the Board has been working towards. The Board has
attempted to have Gillan’s and OZ Construction sit down together and come to
an agreement of which matters still are in need of repair. OZ agreed to this
but has not seemed willing to contact Gillan’s to come to an agreement.
There has been a proposal from Antler’s Gulch and a counter proposal from
Moon Valley, neither of which was deemed acceptable by the other party. The
Association together discussed an appropriate counter proposal. It was
decided to go after only the 3 largest problems and accept a set dollar
amount to address any of the other construction and financial issues. They
came up with the following proposal, which will be submitted on Tuesday,
February 18, 2003.
The association requests arbitration for the repair of the following three
items, each with a payment cap, as well as a base charge for miscellaneous
items:
- Roof Repair to cost no more than eighty-five thousand
- Site Drainage/Landscape to cost no more than One hundred thirty
thousand
- Boiler Repair to cost no more than fifteen thousand
- One hundred thousand to cover all other expenses
A motion was made to make a recommendation to the board for them to
promptly respond the proposal. Motion was unanimously passed.
IV. Review 2002 Year End Statement of Operation
Mike Magliocchetti from Key to the Rockies reviewed the year-end
statement. The reserve fund is on target assuming that money was put aside
starting January 2002. The Xcel deposits are assumed to be part of the
2002-reserve payment. The majority of the forty-four thousand in outstanding
invoices (accounts payable) is from Jay Bauer. Mr. Bauer has agreed to a 3
year payment plan in which to cover the expenses incurred by the lawsuit.
Mr. Magliocchetti explained some of the significant variations from the 2002
budget. The Repair & Maintenance account was over budget by approximately
five thousand dollars. A large portion of this was due to boiler problems
(~$4,979). Accounting/Legal is also over budget by over forty thousand
dollars. This expense was incurred through the proceedings leading up to and
including the lawsuit. The miscellaneous account was approximately six
thousand over budget due to the ice flow problem. The monitoring account was
over budget due to the sprinkler inspection. Sprinkler inspection is its own
line item on the 2003 budget.
The Spa Supplies was high because the filters in the noncommercial tubs that
were installed cannot handle the high usage during peak times. Therefore the
tubs must be frequently drained, refilled with new chemicals and balanced.
This will continue to be a problem.
V. Review and Approve Proposed 2003 Operating Budget
The proposed 2003 Operating Budget was reviewed and some discussion
occurred. A few owner’s expressed their displeasure at the legal lawsuit
line item. They wanted assurance of a cap to the legal expenses, but the
Board did not have this information at the time. It is possible that a
settlement would be reached within a week or that the lawsuit would last
through the year in court. There is little way to determine the outcome
without the association dropping its claim. A motion was made to adopt the
budget as presented and the motion passed.
VI. Election of Officers
There were two board positions open, Raj Sharma and Ron Berggren. Mr.
Sharma has declined to run again while Mr. Berggren expressed his
willingness to continue on the Board. Ron Berggren and Terry Casey were
elected by a majority vote to fill the vacancies on the board.
VII. Old Business
Now that the plot for building five has been sold, the dumpster will need
to be moved from that area. It was decided that the board would speak with
the new owners of building five and request that the dumpsters remain where
they are until construction begins. The owners requested that the board
research different locations for the dumpster than where the existing pads
are. To put the dumpsters on the current garbage pads would be visually
unpleasant. This matter will be reviewed at the next meeting.
VIII. New Business
The board will verify that building five and the commercial building are
planning to comply with the same codes, color schemes, and structure type as
the existing buildings.
Part of the PUD prohibits dogs on the property. The Association will
continue to enforce that law.
A motion was made to rekey the property. Key to the Rockies had obtained
a quote for nine hundred sixty-eight dollars. The motion passed with the
stipulation that the owners closets are keyed to a separate key than the
front door. This work will be scheduled for late may.
IX. Open Discussion
The suggestion was made by the board that unit numbers be placed on the
garages. The purpose of this measure would be two fold. One, hopefully this
will limit people parking in front of other units garages and parking people
in. Two, it will assist visitors and guests in locating units. Key to the
Rockies will undertake this project for an estimated cost of two hundred
dollars.
Owners have requested more communication from their board.
There is a large draft coming in under the front doors of many units. Key
to the Rockies will take a look at the project and bring their suggestions
to the board. It may be taken on as an association expense at it may
significantly reduce heating bills in many units.
It was suggested that the Annual meeting be scheduled for mid November so
as not to interfere with short-term rentals. Mr. Magliocchetti also stated
that it would make more sense to ratify the budget before the start of the
new year. The board agreed.
An owner complained that the hot tubs seemed dirty during peak season.
Mr. Magliocchetti explained that the noncommercial tubs could not filter the
water effectively during high use times and the only way to clean the water
would be to drain the tub completely. When this is done, it takes a while
for the water to heat up again and causes great consternation among the
guests. If an owner would like the tubs to be drained due to overuse, please
contact Key to the Rockies. Also the tub covers are not of industrial
quality and continuously blow off. Key to the Rockies is looking into
different alternatives and will review the issue with the board.
Key to the Rockies was also looking at heated mats for the area around
the hot tubs to minimize the danger of slip and fall accidents. At this time
it is cost prohibitive. Key to the Rockies will obtain quotes and confer
with the board. Key to the Rockies will also obtain quotes for a keyless
entry (number access pad) for the hot tubs since the keycards seem to be
frequently lost.
An owner suggested that anyone who rents out their units post a plaque
detailing how to secure the french patio doors since many of these doors
have been found left wide open to the winter elements.
Key to the Rockies is investigating ways to light up the front
identification sign for Antler’s Gulch. Two possibilities are installing a
solar light or running an electrical line under the road. Both are somewhat
cost prohibitive.
X. Adjourn
The meeting was adjourned at 3:45 p.m.
Respectfully submitted,
Andrea Sonderfan
HOA Bookkeeper
Key to the Rockies
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