Regular Meeting – September 10, 2013


The regular meeting of the Board was held on September 10, 2013 at the 280 Sundance Circle at 6:00 PM. Present for the meeting were the following Board Members:

Jack Wasserbach – President
Rex Emenegger – Vice President
Kate Pickford – Secretary
Pete Diethrich – Treasurer
Teri Roberts

Also present for the meeting was Richard Podlesnik, Jennifer & Jeff Wester, Homeowners and Marsha Moreland, Executive Secretary to the Board. The meeting was called to order at 6:00 PM.

MINUTES: A motion was made, moved and passed to approve the minutes of August 20, 2013 – Regular meeting as submitted.


Mr. Podlesnik explained that there are 2 six inch pipes coming out of Rod Humbles’ pond, one of which goes to Kathy Austins’ property. He requested the boards’ assistance in connecting to the pipe at Austin’s . He could also install a new buried pipe that would service his property through the utility easement and connecting directly to the Pioneer ditch. The Board appointed Rex to meet with Austin and Podlesnik .

DITCH REPORT: There is water in the ditch now that anyone can use since it is ‘adjudicated’ water from the recent rains.


Mr. & Mrs. Wester’s complaints on Covenant Violations. The Board had Tracy Cross review the covenants and determined the following:

  1. Sheds – 1088 Ranchos Florida Drive – Since the shed has been in existence for more than 20 years and has been completed for more than a decade, the Board is ‘time barred’ from bringing a complaint against the owner. She referenced C.R.S. 38-41-119 which reads:
    “No action shall be commenced or maintained to enforce the terms of any building restriction concerning real property or to compel the removal of any building or improvement on land because of the violation of any terms of any building restriction unless said actions is commenced within one year from the date of the violation for which the action is sought to be brought or maintained.”
  2. Trash Cans – Wester has concerns over violations to Section M-2 of the Covenants. Inspections were conducted 9 times during the month of August at the two addresses on Brice Place that were alleged violations. The Board has determined that there are reasons for non-compliance of the 50 feet setback of the roadway, including the steep driveway at 148 Brice Place (Wisely.) It was noted that the complaining member Wester was in violation of the covenant 5 out of 9 inspection dates.
    Tracy Cross has concluded, after reviewing the Board’s inspections, that since the Board has the authority to grant relief from any portion of fine levied in accordance with Section C-6, it can be reasonably inferred that the Board has discretion regarding which alleged offenses warrant the issuance of a notice and fine.
  3. Cars & Junk – 138 Cassidy Drive – Wester’s complaint of junk and unlicensed vehicles violate M-5 and Q-3 of the Covenants. Junk is defined as ”worthless and/or discarded materials”. It was determined that the allegation regarding accumulated junk and non-operating vehicles at 138 Cassidy Drive is not substantiated. The accumulation of personal property is not any greater than that of most owners within the subdivision.

The Board has exercised its duties in investigating complaints and determining whether covenant violations are substantiated. No further action is required on the above noted complaints.

A motion was made, moved and passed approving the letter to Westers , regarding the 3 complaints of violations.

WESTER’S BARN – Upon investigating the complaints raised by Wester on the shed at 1088 Ranchos Florida Drive it was noticed that the Wester’s have positioned a ‘barn’ at the back of their lot that was not approved by the HOA Board of Directors prior to the new construction/placement of the barn. A 30 day conditional approval was granted. The approval is conditional of the Westers submitting a site plan showing the setback requirements and the placement of the barn.

OWNER’S COMMENTS: Mr. Wester commented that the Board should do some research on attorneys who specialize in HOA law and Covenant revisions according to CCIOA. He recommended the following: Denver attorneys: Hindman and Sanchez .

TRACY CROSS’S LEGAL COUNCIL LETTERS – DISCUSSION: It was announce that the Board will go into executive session at the end of the meeting to review the recommendations from legal counsel on potential litigation over covenant violations.

BP PIPELINE REPLACEMENT: Jack Wasserbach reported that work is currently being held up due to environmental concerns. BP should be starting soon. It was agreed that the HOA compensation is $2,700 for surface damages. The deed transfer for the UNIT II common area may need to be reviewed at the Annual meeting for approval.


  • Dogs running loose in subdivision. Ask owners to be more aware of their pets and neighbors.
  • There is adjudicated water in the ditch due to the recent rains so anyone wanting to pull from the ditch can do so as long as there is water in it.


Water system – The Board of Directors of the Metro. District is applying for a DOLA Energy Impact Grant where there will be a 50/50 match for part of the work and the rest of the money coming from the balance of the CWAPA Loan. It would be a TIER 2 application. The Board received 2 responses for engineering services: Goff Engineering and Russell Engineering. Goff has a ‘full’ service company where they have on staff surveyors whereas Russell would have to farm out the surveying. The Board has a deadline of December 1st to get the application out.

Roads – The Metro Board has plans to fix up the grader site access by Tom Biessenberger’s house, Brice Place needs drainage and culvert work and the entrance road needs grading and gravel.


The Board of Directors announced that they would go into executive session at 7:00 pm to discuss written communication from legal counsel on bringing the Covenants up to date with CCIOA.

The Board’s executive ended at 7:48 pm and the Board made the following motion:

A motion was made, moved and passed to ask the membership to vote on a ‘Change in the required quorum for meetings of the membership to 10%’

There being no further business the meeting was adjourned at 8:00 pm.

___________________________, Secretary