September 10th Meeting Cancelled

THE BOARD MEETING SCHEDULED FOR SEPTEMBER 10TH HAS BEEN CANCELED.  FOLLOWING IS A SUMMARY OF THE INFORMATION PRESENTED AT THE AUGUST 20TH SPECIAL MEETING AS WELL AS OTHER BOARD ACCOMPLISHMENTS FOR THE MOST RECENT QUARTER.

President’s Report

Accomplishments:

  • On August 20th the Board held a special meeting to discuss the bridle easement issue.  We summarized the results of the research we had conducted over the past 9 months and discussed the options the HOA has.  The bottom line is that due to El Paso county regulations it would be practically impossible to remove the bridle easements.  It was agreed that the HOA needs to determine if most lot owners would rather maintain their easements themselves or increase dues and make them mandatory so that the HOA could afford to maintain all the easements.  The Board has drafted a proposed change to the bylaws and had a legal firm review the proposed change.  We are currently reviewing the lawyers’ response.
  • The lot owners on Ranch Hand that were in violation of several covenants have cleaned up their lot and removed the junk vehicles from their lot.  The Board sent a thank-you letter to them.
  • The Board sent a letter to the lot owner on Bradshaw regarding the farm equipment stored on his lot and gave him a deadline for removing the equipment that he must meet in order to avoid legal action.
  • We answered several requests for information from potential buyers and realtors regarding lots and covenants
  • We ended the retainer agreement we had with the legal firm (Orten, Cavangh, and Holmes).  The retainer arrangement initially appeared to be a cost-effective way for the HOA to obtain legal advice, but the discount we were given didn’t offset the monthly retainer fee.  We will continue to use the firm for obtaining advice on issues such as the bridle easement, but without the retainer agreement.
  • The Board met with the Peyton Fire Department to discuss the Fire Department’s interest in building a fire station on the HOA’s lot.  We are awaiting further information from the fire department.

Concerns: Kim Watkins resigned from the Board, leaving only three current Board members

Near-term focus:

  • Finalize way-ahead regarding vote on mandatory/increased dues
  • Hold additional discussions with the Fire Department regarding possible new fire station

Treasurer’s Report: Paid members can get a copy of the financial statements by emailing board@peytonpines.org.

ANNUAL MEMBERSHIP MEETING MINTUES 6/11/19

BOARD MEMBERS PRESENT:      

President, Brooks Myers

Treasurer, Debbie DeBaun

Secretary/Environmental, Kim Watkins

Director, Carolyn Payton

Board Members Absent: Wayne Boote

Other Members Present: Jim & Mavis Quarles, Ryan & Jodie Bertram, Loren Hannavan, John Campbell, Robert Herz (by proxy), Lynn Liddle, John Kucera, Chris Nastro, Diana & Carl Strobel, Rick Brandon, Anthony Kubat, Michael Firedel, James Payton, Joe Kistle

Proceedings:

  • CALL TO ORDER: President Brooks Myers called the membership meeting to order at 6:40 p.m.
  • DETERMINATION OF QUORUM FOR ELECTION: President Brooks Myers has determined that we have a quorum for the election of Directors.  At the beginning of this meeting, there were 153 members eligible to vote; a quorum would be 15 members.  There are 21 Lot owners present or by proxy, which was more than the 10% required for a quorum.
  • ELECTION OF DIRECTORS – 3 POSITIONS AVAILABLE: The election was held by secret ballot.  Carolyn Payton and Kim Watkins were voted in by the members present for a 3 year term, ending in 2022 at the Annual Meeting.  Joe Kistle received two votes; however, he did not agree to be nominated for the board position and therefore would not be voted to the Board.  We still have one position open if anybody is interested please contact the Board.
  • REVIEW AND ACCEPTANCE OF MINUTES FROM LAST MEETING: Brooks Myers made a motion to accept the minutes of the last meeting as posted on the website.  Debbie DeBaun seconded the motion and the motion passed.
  • PRESIDENT’S REPORT: Summary of Board actions over the last year:
    • Committees were formed to address the bridle easements and covenant/bylaw issues
    • Attorneys office of Orten Cavanagh & Holmes has been put on retainer
      • $210.00 a month giving a 10% discount for hourly charges
      • Will remain on retainer until the bylaws and covenants are re-written and the bridle paths issue is resolved
      • Brooks Myers is the primary point of contact with the attorneys
    • Complaints:     
      • The farm equipment was addressed with a letter from the Board.  The board received an email from the lot owner and the final deadline for removal of the equipment will be the end of July.  The situation will be monitored by the board.
      • The inoperable vehicles and yard trash on the property was addressed, with two letters from the Board and a letter from the attorney.  The homeowners have asked for an extension, which has been granted but must be cleaned up by July 19, 2019 or legal action will begin immediately.
    • GENERAL DISCUSSION WITH ATTENDEES: Ryan Bertram expressed concern with the compliance of the complaint with the farm equipment.  What is the next step?  Brooks Myers responded that because the homeowner is responding to the Boards emails, we will keep monitoring the situation.  The homeowner has informed the Board that he has hired a third party to assist with the removal of the equipment. Ryan Bertram asked if we are just responding to complaints or is the Board actively looking?  Brooks responded, a little of both.
      • Variance and Environmental Overview-Reported by Kim Watkins(2) Variances for Setbacks and (1) for Frontage Fencing had been mailed in the last year.  All had been approved by a majority vote of property owners.
      • (4) Fences, (1) Detached Garage, (1) Garden Shed, (1) Storage Shed, (1) Loafing Shed, (1) Riding Arena, (2) Houses; these requests have been approved by a majority vote of the Board.
      • Sign banners were purchased and displayed for the annual meeting announcement.  These signs can be reused to announce the annual meeting each year.
      • We are actively looking for the missing PPHOA sign that was located at Peyton Highway and Steeplechase, if you have any information please contact the Board.  We would like to make any repairs and put it back.
      • Questions presented to Attorneys:
        • Regulations that govern the HOA CCOIA and Sunshine Act do not apply to PPHOA based on voluntary dues
        • The current wording of the bylaws and covenants are so nebulous that the lawyers can’t give a clear answer to us.
        • There is no standard definition to the wording of “maintenance” of the bridle easements.
        • It will cost a minimum of $5,850 to rewrite the bylaws and covenants.  This does not include research of County Records, Mailing and Voting to property owners or filing with the County.
    • Jim Quarles asked if the covenant change needed to be voted on by all property owners.  Brooks Myers stated that 2/3 of all Lot owners needed to approve the drafted changes by the Attorneys before it can actually be changed.
    • Diana Strobel asked if 2/3 of the property owners actually live here.  Debbie DeBaun answered yes but if we do not get enough of the property owners to vote then it is all a waste of time and money.  There is so much conflict between the bylaws and covenants that this will be challenging and it will not be easy to get the changes approved by the property owners. 
      THERE WILL BE A SPECIAL MEETING ON AUGUST 20, 2019 FOR ALL LOT OWNERS WITH THE ATTORNEYS TO PRESENT TO DISCUSS BRIDLE EASEMENTS
    • Bridle EasementsDo we keep them or not?
      • The HOA can get insurance, it will cost approximately $6,000 a year for 2 million dollar coverage between the general liability policy and the umbrella policy; however, this does not exclude the homeowner from liability.
      • Debbie DeBaun states this is General Liability coverage plus a 1 million dollar umbrella policy; this does not cover the property owner.  Joe Kistle commented that if there was a lawsuit the property owner would get sued first, then the HOA insurance would get sued.  This would need verification from the attorneys.
      • With the Special Meeting on August 20th the Board would like to finalize what the majority of membership wants to do with the bridle easements.
      • Debbie DeBaun is going to try to set up a Pre-Advisory Meeting with EPC before the Special Meeting on August 20th to determine what will need to be done should the members vote to do away with the bridle easements
      • Motorized Vehicles on the Bridle Easements is a violation of the covenants.  This can be reported to the board but the complaint must include who is doing this so the board can contact the violator.
      • Brooks Myers would like to put together a questionnaire to get opinions of the lot owners regarding current issues and post it on the PPHOA website before the next meeting.  This will also be mailed.  Mavis Quarles expressed concern that not enough people follow the information on the website and recommended mailing the questionnaire.  She pledged $100 to help cover the cost of the printing and mailing to the lot owners.
      • Debbie DeBaun stated that regardless of the issue of the bridle easements, the HOA has little money to fight to protect the property values.   In addition to everyday expenses; mailings, insurance, lawyers, we are going to run out of money; something needs to be done.
      • Joe Kistle stated that if, during a transfer of deed, if the “Bridle Easement” description was lost then it is no longer valid as part of the property description. Jim Quarles and Ryan Bertram stated that they would like this information to be verified by EPC.
      • Lynn Liddle asked how much money would it take to make the HOA work? Increasing  the HOA dues and making them mandatory
        Debbie DeBaun stated that if we had mandatory dues of $30 a year for 283 homes that would give the HOA revenue of $8,400 to protect and maintain property values.  If we do nothing, then the money will run out and if lot owners report a covenant violation, the HOA would not have the funds to bring the violation to court.  If the HOA doesn’t have the funds, then it would be the responsibility of the homeowner, should they want the violation rectified, to take the violator to court at the cost of the homeowner.
      • Brooks Myers stated that if dues had kept up with inflation the current dues would be $60 to $75 per year.
      • If we keep the bridle easements then it will be the responsibility of the Board to maintain and insure them.
      • If the property owners were to approve mandatory dues, and then dues were not paid, a lien could be placed on their property.
      • This Board will not pick and choose what to enforce, we will continue to maintain our standard until we run out of money and then it will be up to the individual property owners.
      • The average number of lot owners that pay their dues is 20%.  The Board has a fiduciary responsibility to spend the money wisely but without support funds will not be available to fight to maintain property values.
      • Per the bylaws the annual dues are due on July 1st of every year.         
  • TREASURE’S REPORT: Debbie DeBaun Reported:
    • 2019 YTD ending balance $10,512.44 @ ENT Bank
    • Profit/Loss report-we are at a $318.30 loss and a $1 Ent Dividend
    • Reports are available for review
    • We are paying $210 a month for the attorney retainer and $118 a month for insurance
    • Yearly dues are from July 1st-June 30th
  • ENVIRONMENTAL/ARCHITECTURAL REPORT – Kim Watkins Reported
    • LOT 235, 12’x24’ Loafing Shed has been approved
    • LOT 255, Frontage Fencing has been approved
    • LOT 171, Side Fencing has been approved
    • LOT 12, New House has been approved
    • LOT 120, New house has been approved
    • LOT 213, A Chicken Coop, no response to requested documents—status is pending
    • LOT 4, New house inquiry, no response to requested documents—status is pending
    • LOT 108, Submittal of plans for barn with mother-in-law quarters for phase one, new single family dwelling for phase two.  Plans have been rejected per covenants:  Article V –   Restrictions on Lots: Section 12 Buildings; the homeowner has agreed to revise his plans.
  • OLD BUSINESS – None
  • NEW BUSINESS
    • August 20, 2019 @ the Peyton Elementary School there will be a Special Meeting with the Attorneys to discuss the pro and cons and of making any changes to the bridle easements.
    • Please email the Board  Board@peytonpines.org with suggestions for questionnaire.  We need to know what most of the HOA members want!
    • Mavis Quarles has agreed to donate $100 to help with the mailing….THANK YOU MAVIS!!!!
  • ANNOUNCEMENT OF NEXT MEETING DATE
    • September 10th at the Peyton Elementary School will be the next board meeting
  • ADJOURNMENT
    • A motion was made by Debbie DeBaun to adjourn the meeting at 8:20 p.m. Motion was seconded and approved.
  • AFTER ADJOURNMENT
    • Michael DellArio from the Peyton Fire District met with the Board and presented a Fire District request to put a substation on the lot owned by the HOA.  This would entail putting a small building to house a fire truck and a lease between the HOA and Fire District.  As presented this would help the residents reduce the cost for insurance.  The Board told Mr. DellArio that we would look into the matter, discuss with the attorney’s and present to the lot owners for a vote.

MEETING ANNOUNCEMENT August 20, 2019 Peyton Pines Elementary School Cafeteria 6:30 pm

On August 20, 2019, the homeowners association will hold a meeting to hear facts and opinions regarding the covenants as they relate to bridle paths.  This is an informational meeting only.  No change to the covenants will be addressed at this meeting.  Prior to any changes to any covenant, two-thirds of the lot owners must approve the change.

Presenting information and discussing this issue and answering questions will be representatives from the law firm of Orten, Cavanaugh and Holmes, LLC.

This issue has been on the forefront for consideration for some time, and hopefully, all interested parties can get the information they need and desire to make an informed, non-emotional decision once this issue reaches the lot owners for a vote.

We ask that everyone come with an open mind and be respectful of all who attend.

Thank you.

The Board.

Election of Officers

As required, the Board held a meeting after the official annual meeting on June 11, 2019. The Board of Directors elected the following as officers:

President – Brooks Myers

Vice President – Carolyn Payton

Secretary/Treasurer – Debbie DeBaun

Environmental Officer – Kim Watkins

If anyone would like to be appointed to the Board please let us know. The more the merrier!

Thank You!

The Board would like to thank all the members that attended the annual meeting on 6/11 and for all that expressed support for the Board. It is very gratifying to hear kind words and, even more importantly, we were appreciative of the input from the members. The cordial exchange of ideas will only benefit all as we move forward to keep Peyton Pines the great neighborhood it is.

Proxy Form

We hope that all can make the annual meeting on June 11th at the Cowboy Church, but if you need a proxy form, please email the board and one will be emailed to you. Keep in mind that the person granting the proxy must be an active member of the HOA. Email the board at board@peytonpines.org.

BIOS for Proposed Board Members

The nominating committee received only the names of two members volunteering to be elected to the board at the June 11th meeting; therefore, these two are officially nominated to run for the vacant positions. Nominations may be made from the floor at the annual meeting; however, only these two names will be on the printed ballots. For your information, their bios are included below. We hope to see all members at the meeting on June 11th.

Kim Watkins:

I have lived in Peyton Pines for over 20 years and served as Treasurer for the Water Board.  I have been an active part of the community thru school, sporting and church service and believe I can continue to add value through service to the board and our community. 

For the last year I have served on the PPHOA Board as secretary and environmental officer. I believe that my time serving on the PPHOA board proves my dedication to the community and my support to this board by seeing that the needs and requirements of the HOA are addressed.

CAROLYN A. PAYTON:

Jim and I moved to Peyton Pines in September 2017. I had spent 40 years as a realtor.  My specialty was property management of single family homes and 3 large HOA properties. A part of my duties included a seat on the different boards as a non-voting member. This enabled me to offer the best assistance to the homeowners before by avoiding problems with the bylaws and or covenants. It was a challenging and rewarding time for all.

 In June 2018 I was elected to the board, in an emergency, to serve for one year. I enjoy working with others for a common goal. I am asking you to vote for me to represent you  —–PAYTON for PEYTON PINES HOA.

Peyton Pines HOA Annual Membership and Board Meeting

The Peyton Pines HOA Annual Membership and Board meeting will be held Tuesday, June 11th, at 6:30pm at the Peyton Cowboy Church, 15504 Bradshaw Rd.  We will address several old and new topics and elect members to the HOA Board.  All Peyton Pines residents are strongly encouraged to attend to ensure your voices are heard.

In addition to the election of officers, we will discuss the following topics:

  • Summary of Board actions over the last year
  • Increasing the HOA dues and making them mandatory
  • Information received for the law firm representing the HOA
  • Information gathered on the bridle easement issue and options

Finally, we need to fill three positions on the HOA Board.  Brooks Myers and Debbie DeBaun were elected to 3-year terms at last year’s membership meeting.  Because Kim Watkins, Carol Payton and Wayne Boote were elected via a special election their terms are up at this year’s membership meeting.  We would like to encourage anyone who would like to help shape the direction the HOA takes over the next several years to send a bio to board@peytonpines.org.  We would especially like to encourage members from across the fillings to volunteer—three of the current Board members live within several hundred yards of each other in Filing 4.  The nominating committee will review the bios and post them to the HOA website prior to the membership meeting.  HOA members can also volunteer to run for election at the membership meeting even if they haven’t submitted a bio prior to the meeting.

We will post a detailed agenda in the coming weeks; if you have a topic you’d like to address please send an e-mail to board@peytonpines.org summarizing the issue.

 Please plan to attend this very important meeting—your voice matters.

Preparation for Annual Meeting

Our annual Membership meeting is fast approaching (June 11).  Per Article III, Section 3 of the HOA bylaws the Board must establish a nominating committee to select and nominate HOA members who would like to run for a position on the Board.  Brooks Myers, HOA President, and Carol Payton, HOA Board member, will be on the nominating committee, but we’d like to get additional members from the HOA.  Duties will include helping to write the request for volunteers to run for positions on the Board, reviewing biographies of those who run for Board positions, and helping the Board conduct the vote during the Membership meeting.  

We are asking that everyone consider serving on the HOA Board.  The HOA serves the community at large and all lot owners benefit as the Board tries its best to protect property values here in Peyton Pines.  Please consider running for election to serve on the Board.  All of us have busy lives with work and families and just day-to-day living.  With a full board, the work can be spread out as we work as a team.  Hopefully, you have seen that the current board is working hard and is dedicated to transparency and the past conflicts have been abated or at least calmed down.  We want all to work towards a tranquil and protected neighborhood, so please step up and volunteer.  Please consider the words of Helen Keller:  “Alone we can do so little; together we can do so much” 

If you are interested in serving on the nominating committee or on the Board, or if you have any questions please e-mail the Board at board@peytonpines.org by 8 May.”