Wissler Ranch Annual Meeting of the Membership Minutes

October 22, 2022

• Call to Order: President Jim Keefe called the Wissler Ranch annual meeting of the members to order at 12:05 p.m. at the Tri-Lakes United Methodist Church after attendees introduced themselves.
• Roll Call and Certification of Proxies: Secretary Sharla Davis reported there were 27 people signed in and 26 represented by proxy for a total of 53 homeowners in attendance. A quorum was established.
• Proof of Notice of Meeting: The annual meeting notice was mailed to all home/lot owners on September 22, 2022.
• Guest Speaker: Vice President Hal Goldback gave a presentation on the proposed cistern project and introduced Chief Jamey Baumgarner from the Monument Fire Department. Chief Baumgarner spoke on why it is important to upgrade the cisterns and how it will improve fire-fighting capabilities in the area, especially Wissler Ranch.
• Reports:

– Officer/Committee:

             – President: Jim Keefe stated that additional cistern project meetings will be held and notifications will go out prior to the meetings; all homeowners are encouraged to attend.

            – Design Review: Wayne Gardner, Committee Chair, reported that the Design Review Committee (DRC) had a very busy year managing 49 different projects/requests (up from 35 last year) and that they continue to work closely with the Covenants Committee to help homeowners save money and avoid potential covenant issues.

                        – He highlighted what was listed on the DRC slides, and reiterated that any exterior changes to property, home, or detached structures must have plans submitted to the DRC and the project must be approved prior to starting any activity. It is a covenant violation otherwise.

                        – Projects were categorized into four ‘activities:’ development-, covenant-, and forestry-related, and the common area.

                        – Wayne also asked homeowners to please be mindful of DRC guidelines when positioning fixtures or purchasing/replacing light bulbs. These guidelines are posted on the website and on the mail kiosk bulletin board.

                       – Forestry/Firewise: Deborah Bullock, Committee Chair, reported that the Colorado State Forest Service neighborhood forest inspection occurred on September 28, 2022.

            – Four foresters inspected Wissler Ranch properties and the common area; they presented ideas for additional mitigation on some properties and suggestions on improving overall tree health in the community. The formal report will be out soon.

                        – Homeowners will be notified of any infested and/or diseased trees on their properties.

                        – Two properties were given ‘honorable distinction’ designations for their mitigation efforts: 20170 Roaming and 4425 Wavy Oak.

            – Deborah continues to work on the Wissler Ranch ‘Fire Wise Community’ recertification and reminded homeowners of the importance of the designation, predominantly the savings on property insurance. This award is presented to communities that have done “significant mitigation and homeowner education.”

            – She discussed basic mitigation efforts and that reporting those efforts contribute to our certification.

– Infrastructure: Hal Goldback, Committee Chair, stated there was nothing else to report besides the proposed cistern project previously discussed.

            – Neighborhood Watch: The Neighborhood Watch chair is currently vacant; Jim Keefe has been serving as the interim since 2015; please contact him if you are interested in volunteering.

                        – Jim receives a weekly update and a monthly newsletter from the El Paso County Sheriff’s Office. There was no suspicious activity directly in Wissler Ranch this past year; however, some neighboring areas experienced reportable issues (porch piracy, questionable non-resident traffic, etc.). Please contact the Sheriff’s office non-emergency number, 719-390-5555, with any concerns, or 911 in an emergency.

            – Water: Sharla Davis, Committee Chair, reminded those in attendance that Wissler Ranch water usage is determined by the CO Division of Water Resources Court Decree, Great Divide Water Company augmentation plan, and Wissler Ranch covenants. Each lot/well is allotted 122,194 gallons per year.

                        – Annual water meter readings must be reported by early November in order to submit our state-mandated report on time. Notification letters and reporting cards were sent to Tri-Lakes Printing on October 20, 2022, with a requested send date of October 21^st.

                                    – Please read your meters on Nov. 1^st and send the results via card or email no later than November 7, 2022 (Nov. 5^th is a Saturday this year).

                        – Late/no reporting and/or overuse are potential covenant violations and must be addressed by the Board of Directors.

                        – Kathleen McCormick reported on the resolution of a perceived augmentation water rights issue per Great Divide/Northgate water companies and Wissler Ranch. The WR Board of Directors voted to hire a water attorney; all appropriate documentation (quitclaim deed, stock certificate) and rights have been corrected, recorded, and legally conveyed to Wissler Ranch. Item closed.

            – Welcome: Sandy Maurer, Committee Chair, reported she welcomed six new families; 11 homes were on the market or sold this past year.

            – Covenants: Sharla Davis, Committee Chair, reported that Wissler Ranch is a covenant community. Covenants are a legally binding agreement between property owners to create and maintain certain standards. The Association, through the Board, has a legal obligation to enforce the covenants.

                        – Colorado Statute, HB22-1137, went into effect on August 9, 2022, and specifies new requirements for HOA Board accountability and transparency. The Board worked diligently with the HOA’s attorney to ensure compliance with the new law.

                                    – Per the attorney’s counsel, two new policies were created and approved by the Board, Covenant Enforcement and Conduct of Meetings. Both are recorded with the county and posted on the website.

            – Treasurer: Kathleen McCormick, Treasurer, reminded homeowners that Wissler Ranch HOA is non-profit, not tax exempt. All income is exclusively from our dues which pay operating expenses and fund capital reserves.

                        – She discussed the financials and the 2023 notional budget. She reminded everyone that the income and expense sheet is a ‘snapshot in time.’ This past year was very unusual in that legal fees, predominantly for the water attorney, exceeded the budgeted amount.

                        – The 2023 proposed budget will be reviewed and voted on by the Board at the next regular board meeting in November and will be voted on by the homeowners in December at the Budget Ratification Meeting.

                        – Annual assessments will be due January 15, 2023.

                        – New Colorado Statute, HB22-1137, specifies certain requirements for debt collection including physically posting signs on delinquent properties. The current HOA policy will be modified where necessary to comply with new requirements.

• Old Business: Reading and disposal of 2021 Annual Homeowners Meeting Minutes: Sharla emailed copies of last year’s meeting minutes to the Board; a motion was made, seconded, and passed to approve as written. They will be posted on the website and mail kiosk bulletin board.

 New Business: Jim Keefe stated there were no new items of business submitted by homeowners.

            – There were two items requiring a vote: four board member positions, and disposition of any operating budget funds left at the end of the budget year.

                                    – A majority of the members voted for Jim Keefe, Hal Goldback, Pete Popp, and Sharla Davis; members elected.

                              – A majority of the members voted to move excess operating budget funds             to capital reserves; motion carried

• Adjournment: A motion was made and seconded to adjourn; motion passed. The meeting adjourned at 2:35 p.m.

Wissler Ranch Annual Meeting of the Membership Minutes

October 22, 2022

• Call to Order: President Jim Keefe called the Wissler Ranch annual meeting of the members to order at 12:05 p.m. at the Tri-Lakes United Methodist Church after attendees introduced themselves.
• Roll Call and Certification of Proxies: Secretary Sharla Davis reported there were 27 people signed in and 26 represented by proxy for a total of 53 homeowners in attendance. A quorum was established.
• Proof of Notice of Meeting: The annual meeting notice was mailed to all home/lot owners on September 22, 2022.
• Guest Speaker: Vice President Hal Goldback gave a presentation on the proposed cistern project and introduced Chief Jamey Baumgarner from the Monument Fire Department. Chief Baumgarner spoke on why it is important to upgrade the cisterns and how it will improve fire-fighting capabilities in the area, especially Wissler Ranch.
• Reports:

– Officer/Committee:

             – President: Jim Keefe stated that additional cistern project meetings will be held and notifications will go out prior to the meetings; all homeowners are encouraged to attend.

            – Design Review: Wayne Gardner, Committee Chair, reported that the Design Review Committee (DRC) had a very busy year managing 49 different projects/requests (up from 35 last year) and that they continue to work closely with the Covenants Committee to help homeowners save money and avoid potential covenant issues.

                        – He highlighted what was listed on the DRC slides, and reiterated that any exterior changes to property, home, or detached structures must have plans submitted to the DRC and the project must be approved prior to starting any activity. It is a covenant violation otherwise.

                        – Projects were categorized into four ‘activities:’ development-, covenant-, and forestry-related, and the common area.

                        – Wayne also asked homeowners to please be mindful of DRC guidelines when positioning fixtures or purchasing/replacing light bulbs. These guidelines are posted on the website and on the mail kiosk bulletin board.

                       – Forestry/Firewise: Deborah Bullock, Committee Chair, reported that the Colorado State Forest Service neighborhood forest inspection occurred on September 28, 2022.

            – Four foresters inspected Wissler Ranch properties and the common area; they presented ideas for additional mitigation on some properties and suggestions on improving overall tree health in the community. The formal report will be out soon.

                        – Homeowners will be notified of any infested and/or diseased trees on their properties.

                        – Two properties were given ‘honorable distinction’ designations for their mitigation efforts: 20170 Roaming and 4425 Wavy Oak.

            – Deborah continues to work on the Wissler Ranch ‘Fire Wise Community’ recertification and reminded homeowners of the importance of the designation, predominantly the savings on property insurance. This award is presented to communities that have done “significant mitigation and homeowner education.”

            – She discussed basic mitigation efforts and that reporting those efforts contribute to our certification.

– Infrastructure: Hal Goldback, Committee Chair, stated there was nothing else to report besides the proposed cistern project previously discussed.

            – Neighborhood Watch: The Neighborhood Watch chair is currently vacant; Jim Keefe has been serving as the interim since 2015; please contact him if you are interested in volunteering.

                        – Jim receives a weekly update and a monthly newsletter from the El Paso County Sheriff’s Office. There was no suspicious activity directly in Wissler Ranch this past year; however, some neighboring areas experienced reportable issues (porch piracy, questionable non-resident traffic, etc.). Please contact the Sheriff’s office non-emergency number, 719-390-5555, with any concerns, or 911 in an emergency.

            – Water: Sharla Davis, Committee Chair, reminded those in attendance that Wissler Ranch water usage is determined by the CO Division of Water Resources Court Decree, Great Divide Water Company augmentation plan, and Wissler Ranch covenants. Each lot/well is allotted 122,194 gallons per year.

                        – Annual water meter readings must be reported by early November in order to submit our state-mandated report on time. Notification letters and reporting cards were sent to Tri-Lakes Printing on October 20, 2022, with a requested send date of October 21^st.

                                    – Please read your meters on Nov. 1^st and send the results via card or email no later than November 7, 2022 (Nov. 5^th is a Saturday this year).

                        – Late/no reporting and/or overuse are potential covenant violations and must be addressed by the Board of Directors.

                        – Kathleen McCormick reported on the resolution of a perceived augmentation water rights issue per Great Divide/Northgate water companies and Wissler Ranch. The WR Board of Directors voted to hire a water attorney; all appropriate documentation (quitclaim deed, stock certificate) and rights have been corrected, recorded, and legally conveyed to Wissler Ranch. Item closed.

            – Welcome: Sandy Maurer, Committee Chair, reported she welcomed six new families; 11 homes were on the market or sold this past year.

            – Covenants: Sharla Davis, Committee Chair, reported that Wissler Ranch is a covenant community. Covenants are a legally binding agreement between property owners to create and maintain certain standards. The Association, through the Board, has a legal obligation to enforce the covenants.

                        – Colorado Statute, HB22-1137, went into effect on August 9, 2022, and specifies new requirements for HOA Board accountability and transparency. The Board worked diligently with the HOA’s attorney to ensure compliance with the new law.

                                    – Per the attorney’s counsel, two new policies were created and approved by the Board, Covenant Enforcement and Conduct of Meetings. Both are recorded with the county and posted on the website.

            – Treasurer: Kathleen McCormick, Treasurer, reminded homeowners that Wissler Ranch HOA is non-profit, not tax exempt. All income is exclusively from our dues which pay operating expenses and fund capital reserves.

                        – She discussed the financials and the 2023 notional budget. She reminded everyone that the income and expense sheet is a ‘snapshot in time.’ This past year was very unusual in that legal fees, predominantly for the water attorney, exceeded the budgeted amount.

                        – The 2023 proposed budget will be reviewed and voted on by the Board at the next regular board meeting in November and will be voted on by the homeowners in December at the Budget Ratification Meeting.

                        – Annual assessments will be due January 15, 2023.

                        – New Colorado Statute, HB22-1137, specifies certain requirements for debt collection including physically posting signs on delinquent properties. The current HOA policy will be modified where necessary to comply with new requirements.

• Old Business: Reading and disposal of 2021 Annual Homeowners Meeting Minutes: Sharla emailed copies of last year’s meeting minutes to the Board; a motion was made, seconded, and passed to approve as written. They will be posted on the website and mail kiosk bulletin board.

 New Business: Jim Keefe stated there were no new items of business submitted by homeowners.

            – There were two items requiring a vote: four board member positions, and disposition of any operating budget funds left at the end of the budget year.

                                    – A majority of the members voted for Jim Keefe, Hal Goldback, Pete Popp, and Sharla Davis; members elected.

                              – A majority of the members voted to move excess operating budget funds             to capital reserves; motion carried

• Adjournment: A motion was made and seconded to adjourn; motion passed. The meeting adjourned at 2:35 p.m.

• Call to Order: The August 19, 2023, meeting of the Board of Directors was called to order at 10:00 a.m., at the Tri-Lakes United Methodist Church, Monument.
• Roll Call: The following Board members and officers were present, along with residents:

 Board Members (Quorum Established)

President – Hal Goldback

Vice President – Pete Popp

Director – Wayne Gardner

Director, Secretary – Sharla Davis (Absent)

Committee Chairs:

Covenant Compliance – Sharla Davis (Absent)

Design Review – Wayne Gardner

Forestry (includes Fire Wise) – Deborah Bullock (Absent)

Infrastructure – Hal Goldback

Neighborhood Watch – Nadine Awald

Website/IT – Al Maurer (absent)

Welcome – Sandy Maurer (Absent)

Homeowners: Roy Richardson, Nancy Smith

• Reports

Reading and Disposal of Minutes: No action taken 

Officers Reports:

President: Hal Goldback observed that the transformer on the Cistern site has been put in place by MVEA.  Pete Popp expanded on the point, stating that the contract with Advanced Septic Solutions is in the hands of counsel and as soon as it is executed, the tank will be ordered, a lengthy manufacturing process.  Expect installation in November.

Hal stated that a homeowner met him two days ago, along with a representative of Lewis-Palmer School District #38, to discuss moving the assembly point for school bus pickup and drop off, from the mail structure to the north apron, serving the cistern.  Hal stated also that he had received the consent of Monument Fire District for such use.

Hal reported that the litigation filed against the Association has been resolved in favor of the Association.  Mr. Richardson (Roy Richardson/Natalie Ward – Plaintiffs) objected, saying there remains an outstanding final determination that he is waiting on from their counsel.  He agreed that the resolution of the court could be read, pending receipt of his counsel’s statement.  The matter was turned over to Pete Popp who read the court determination, charge by charge. The court found in favor of the Association on five allegations. Richardson/Ward agreed to drop the one remaining charge against the HOA, their right to appeal, as well as their second lawsuit against the HOA, all with prejudice, in exchange for the HOA not requiring them to pay the HOA legal fees. A telephone meeting was held from the courthouse with the Board, and the directors voted unanimously to accept the proposal. The HOA paid a $5000 deductible two years ago when the lawsuit was filed, and approximately $1800 in fees on the second lawsuit. The HOA’s insurance company paid the rest of the fees. The dismissals were all with prejudice so charges cannot be brought up again. Mr. Richardson agreed.

Treasurer:

Jay Best reported the following:

    The balance in the operating (checking) account stands at $12,800

    The savings balance is $5,061

    The reserve account balance is $124,309

    The Cistern Checking stands at $4,700

    And the Cistern Savings is at $320,000

Expenses paid consist of mowing in the common area and power to MVEA totaling $1,999;

Hall and Evans legal expense, $1,200; Altitude Law legal expense, $66; and, $49 for Octopus Window Cleaning to clean the mailbox structure windows. All homeowners have paid their special assessments except for five, who are all paying current.  The five plans total balance stands at $5,600.

Design Review Committee:

Wayne Gardner described nine approved matters, plus one appointment to inspect and review plans for a new home on a flag lot. 

 Infrastructure Committee:

Pete Popp had nothing further to add, please see above.

Neighborhood Watch:

Nadine Awald reported that she has seen no reports or newsletters from the El Paso County Sheriff’s Office.  Also, with only one respondent to her request for interest in a, Annual Nite Out with the Sheriff’s Office, none will occur this year. 

Welcome Committee, Web Site, and Fire Wise Committee chairs were absent.

Old Business:

None was mentioned.

Adjournment: At 10:45 a.m., a motion was made by Pete Popp, seconded by Wayne Gardner, to adjourn the meeting; motion passed unanimously.

June 17, 2023

• Call to Order: The June HOA Board of Directors regular monthly meeting was called to order at 10:00 a.m. at the Tri-Lakes United Methodist Church in Monument.
• Roll Call: the following directors, officers, committee chairs, and homeowners were in attendance:

 Directors: (quorum established):

President – Hal Goldback

Vice President – Pete Popp (excused absence)

Director/Secretary – Sharla Davis

Director – Wayne Gardner

Officer: Treasurer – Jay Best

Committee Chairs:

Covenant Compliance – Sharla Davis

Design Review – Wayne Gardner

Forestry (includes Fire Wise) – Deborah Bullock (absent)

Infrastructure – Pete Popp (absent)

Neighborhood Watch – Nadine Awald

Website/IT – Al Maurer (absent)

Welcome – Sandy Maurer

Homeowners: John Awald, Courtney Kahl, Michelle Kahl, Matt & Laurie Mast, Kathleen McCormick, Joe Mentek, Nancy Smith

• Reports:

– Reading and Disposal of Minutes: A motion was made and seconded to approve the May 25, 2023, regular monthly meeting minutes; motion passed. These minutes will be posted on the mail kiosk bulletin board and WR website.

– Officers:

            – President: Due to some confrontational situations at previous Board meetings, prior to calling this meeting to order, Hal reminded everyone in attendance that Wissler Ranch has a Conduct of Meetings policy for all HOA meetings. Since this is an HOA business meeting, homeowners were asked to sign in if they have concerns to bring before the Board and, if there are any questions, to please raise a hand and be acknowledged before speaking.

                        – Hal updated everyone on the MVEA cistern power status. MVEA will take about six weeks to complete their portion of the project after a Grant of Easement is voted on and approved by the Board.

            – Vice President: no report

            – Treasurer: Hal formally introduced Jay Best as our new HOA treasurer. Jay thanked the previous treasurer, Kathleen McCormick, for her excellent bookkeeping skills and reported that the ENT accounts were all set up with the new signatories. He is ready to move forward. Thank you, Jay!

– Committees:

            – Covenant Compliance: Wissler Ranch is a covenant community and residents are legally obligated to maintain compliance at all times with Design Review Guidelines, Covenants, Rules, and Policies. All governing documents are posted on the wisslerranch.com website.

                        – The committee was notified of several incidents of parking on combustible surfaces and trailers on site for more than seven days; a former resident ‘illegally’ dumped a huge slash pile in the common area.

                        – The propane tank issue was finally resolved after the homeowners received a second violation notice and were fined for failure to cure within 30 days. Homeowners did not respond to any HOA communications including two courtesy reminder letters, HOA/realtor emails, or the first-notice covenant violation letter.

– Design Review: Wayne submitted a written copy to the Directors and gave a detailed report of the 15 projects he and the DRC reviewed this month.

            – Forestry (includes Fire Wise): absent

            – Infrastructure: no report

            – Neighborhood Watch: Nadine reported that, due to a lack of volunteers, Wissler Ranch will not be participating in National Night Out this year.

                                    – Please be alert and aware, and report any concerns to the EPSO Non-Emergency line, 719-390-5555. In an emergency, call 911.

                         – Welcome: Sandy stated she welcomed one new family and that she is waiting for others to move in. Thank you, Sandy!

            – Website: absent

• Old Business:

            – Sharla stated that a Kersdale ‘pothole repair’ request had been submitted to the county.

            – Hal made a motion, Wayne seconded, to approve amended Board meeting minutes from March 1, 2023; June 26, 2021; and July 17, 2021; motion passed. These minutes will be posted on the website.

• New Business:

            – Homeowner Concerns:

                        – Two new residents of 19675 Still Glen signed up to speak about the propane tank and request waiver of the $100 fine for failure to cure within 30 days. The tank has finally been removed. Hal and Pete went on site to provide the ‘proof of cure’ requirement as stated in the Covenant Enforcement Policy.

                                    – A motion was made and seconded to waive the fine despite the homeowners’ lack of communication with the HOA, as stated above, or curing the violation within 60 days per the Covenant Enforcement Policy; motion carried by a 2-1 vote.

                        – A homeowner wanted to know the status of ordering the cistern. Hal mentioned that the cistern could not be ordered until a ‘hole was in the ground.’ The project continues to move forward.

                        – A homeowner asked about common area mowing and new bulletin board status.

                                    – Wayne stated that Pete had already reached out to the contractor and mowing was scheduled for next week. Purchasing a new bb has been put on hold due to budgeting constraints but Wayne continues to research options. Mailbox drainage issues were also discussed and repairs put on hold until a budget decision can be reached.

                        – A homeowner made a request to hold Executive Sessions prior to calling the regular business meetings to order to prevent attendance disruptions for those not participating in ES.

                                    – Per CCIOA, executive sessions are to be held as ‘meetings within meetings’ when required. However, starting with the July 2023 meeting, the Board will move ES (if necessary) to the beginning of the open meetings to minimize interruptions. The Board appreciated this request and Hal thanked the owner for the idea.

• Adjournment: Due to no other business being brought before the Board, a motion was made and seconded to adjourn the regular monthly meeting at 11:08 a.m.; motion carried.