Dues Change Ballot

The HOA Board recently mailed out the ballots for the vote regarding the annual dues.  We will open and count the returned ballots the evening of Tuesday, March 3.  We invite HOA lot owners who would like to help with or monitor the vote count to email the Board at board@peytonpines.org.  We’ll reply with the exact time and location of the vote count.  Due to space limitations volunteers will be limited to the first four lot owners who email the Board.

Ballot Update

As discussed during the January 14, 2020 special meeting, the PPHOA Board will soon send out a ballot regarding a proposed change to the HOA dues.  Attached to the ballot will be the actual covenant amendment drafted by the law firm of Orten, Cavanagh & Holmes.  Also attached to the ballot will be a letter clarifying what the impacts to Peyton Pines lot owners will be.  If you would like to receive a copy of this important amendment as well as the clarifying letter by email prior to the Board’s mailing of the ballot please email the Board at board@peytonpines.org.  The Board will reply to your email within two days.

To Inform All Peyton Pines

It has been brought to the attention of the HOA board that there is a PPHOA Oversight Group that has mailed out an announcement of the meeting to be held on 1/14/20. This group has no relationship to the Peyton Pines Homeowners Association. The mailing address of this group is P.O. Box 431, Peyton, CO 80831. It is not registered with the State of Colorado, so whoever belongs to this “oversight group” has no legal authority.

The mailing address of the Homeowners Association is P.O. Box 158, Peyton, CO 80831. Should you receive or have received a postcard from the group, please note it did not come from the Peyton Pines Homeowners Association board and no permission was given nor any information (member addresses) provided to do this mailing.

Special Meeting

For those that are confused, the Cowboy Church has changed its name to Generations Church of Peyton. So, the meeting on January 14, 2020 will be at the Generations Church of Peyton previously known as the Cowboy Church.

Special Meeting Called

January 14, 2020

Peyton Cowboy Church

6:30 pm

The Peyton HOA Board will soon send out a ballot for all HOA members to vote on increasing HOA dues to $75 per year and changing dues from voluntary to mandatory.  The purpose of this special meeting is to explain to members of the HOA why the Board believes this change is necessary, the pros and cons of approving or disapproving the change, and a schedule for mailing out the ballot and implementing the change, if approved.  

Please attend this very important meeting.

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.