Woodmen Pointe Board Meeting (11 March 2008)

Woodmen Pointe Homeowner’s Association

Meeting of the Board of Directors

April 8th, 2008

7710 Fargo Drive (Woodmen Pointe)

Call to Order:6:00 P.M. by President Rodger Oetjen

Attendance:Board members Rodger Oetjen, Bruce Brian, Todd Gripentrog, John Cyboron, and Scott Glaze. Homeowners Kerri and Martin Bortolutti, Steve Melnyk, Kristi Glaze and David Barnett. Attorneys Steve Lebel and Dave Krall (arrived after the meeting began for interviews).

1. Owner Business: Homeowners Kerri and Martin Bortolutti discussed their request to transplant two trees in their backyard to the HOA common area behind their house. They also addressed community traffic / speeding concerns and provided the Board with information regarding available City resources. Steve Melnyk discussed his landscaping and deck requests. He also responded to a resident’s complaints which the Board subsequently considered in executive session. David Barnett discussed his revised landscaping plan, an earlier request for installation of a hot tub that had been denied and a desire to install a split rail fence to prevent pedestrians and vehicles from using his property as a thoroughfare between Manston and Chancellor Drives. Kristi Glaze briefed the Board regarding a proposed block party for July 4th, 2008.

2. Board Business:

a. Approval of Minutes: March 11thmeeting minutes approved unanimously on March 14th.

b. Treasurer’s Report: John Cyboron reported that the HOA’s finances are in good shape.

c. The Board unanimously agreed to include Board member EMAIL, address and phone contact information on Haley’s website.

d. TheBoard tentatively scheduled a Board member neighborhood walkthrough with Lennar and Haley Realty from 9:00 A.M. through 11:30 A.M. on Wednesday, April 23rd, 2008 to inspect Developer work and addressLennar’s remaining community enhancement obligations; i.e., replacement of dead trees on the Austin Bluff’s hill and at the cul-de-sac at the Eastern end of Chancellor, installation of sod / rock on the inside and outside of the sidewalk at the cul-de-sac at the Eastern end of Chancellor and construction of a city required controlled access (gate or chain) road into the open area at the cul-de-sac at the Eastern end of Chancellor.

e. The Board unanimously agreed to call Terranomics for snow removal as opposed to leaving the decision up to the HOA’s landscaping firm. This will eliminate unnecessary services when the Board believes snowfall on sidewalks will melt within 24 hours.

f. Todd Gripentrog informed the Board that the City code prohibits wild grass within 55 feet of homes being higher than 9 inches in height.

g. Kristi Glaze discussed preliminary planning for a July 4th Community block party. Activities include a parade for children, games / slides and food / beverages. The Board unanimously approved the event and set an initial budget of $750. Kristi Glaze was asked to take the lead in orchestrating the block party. Interested homeowners who would like to assist and participate in the planning / setup process for this event should contact Kristi at tel # 282-7822 or EMAIL .

h. TheBoard interviewed local attorneys Steve Lebel ($235 / hour) and Dave Krall ($250 / hour). Attorney Jack Scheuerman($230 / hour) was previously interviewed by Bruce Brian and Todd Gripentrog. All three attorneys are highly qualified and have substantial HOA experience. The hourly rates are comparatively close. Motion by Rodger Oetjen to appoint Jack Scheuerman as the new HOA attorney. Passed unanimously.

i. Haley Realty uses Gene West (VP of Daine Rauscher in Denver) as its financial advisor. His fees are paid by the banks / financial institutions he represents. The HOA will not pay Mr. West for his services if he invests our reserve funds. The Board has identified several local financial institutions that pay greater than 1.3 % interest (current interest rate paid by Chase Bank) on the HOA’s reserves. The Board unanimously approved using Mr. West’s services if he can provide greater FDIC insured rates of return on investments than the local financial institutions.

j. The evening brightness of the commercial property “Urgent Care” sign facing Pascal / Descartes was discussed. Scott Glaze spoke with the ownerover a month ago about turning the light off. The HOA subsequently sent a letter to the owner on 6 March formally requesting that the light be turned off at night. The owner responded that the property conformed to the development plan and was purchased, in part, because of the approved lighting scheme which facilitatedbetter advertising. The owner refused to turn off the rear lights facing Pascal / Chancellor homes. The Board unanimously agreed to send a second notice to the Urgent Care owner classifying the light as a nuisance and requesting that it be turned off in the evening hours. Further, the Board unanimously approved having the new HOA attorney address two issues related to the commercial complex that are not addressed in the Community’s master documents: 1) Can the HOA assess each of the 8 commercial condos dues and from what point in time? Currently, HOA dues are paid only by the two main buildings. 2) Did the unit owners have the right to form a sub-association? The sub-association was presumably formed to accommodate / facilitate taking care of common area landscaping, maintenance, etc. since the condo owners have title only to the areas inside their walls.

k. The Board is in the process of reviewingWoodmen Pointe’s Summary of Policies, Procedures, Rules and Regulations to correct grammatical / content errors, delete obsolete verbiage, add appropriate guidelines, provide greater clarity where appropriate and ensure compliance with State law. This review is expected to take at least another month. Once completed, the document will be posted on the website and sent to owners with EMAIL addresses of record for public comment. The Board envisions a homeowner vote for final document approval. Homeowners are welcome to submit their related comments and / or recommendations to any Board member.

l. The Board has completed its study of the HOA’s financial requirements versus dues. The results of this analysis yielded three options regarding future HOA dues collections. The Board also studied: 1) retention of the Haley operated website versus creation of a Board / homeowner operated and maintained website and 2) changing the Community’s bylaws to allow for electronic voting. Motion by Rodger Oetjen to present the study and Board initiatives to homeowners by mail with ballots for approval / disapproval. Passed unanimously.

m. The Board unanimously agreed to receive its future Board packets electronically except for one master hardcopy. This cost savings measure is projected to save the HOA $612 annually (Average Board packet 85 pages X .15 cents / page X 4 packet reduction X 12 months = $612 savings).

n. Individual homeowner actions (in the order adjudicated):

1. 4685 Pascal – Request to: 1) Install grey Hotspring spa on back patio and 2) Install Lowe’s 8’ X 10’ storage shed in the backyard on the right side. The Board unanimously approved installation of the spa and shed. The shed must conform to HOA guidelines; i.e., asphalt shingles, vinyl siding, paint in the same color of the house / trim and located a minimum of 5 feet from other structures and the property line.

2. 4715 Pascal -- Previously approved plastic playground. Owner wants to change to wood. The Board unanimously approved the wood playground.

3. 4734 Pascal – Owner wants landscaping plan submitted to the former management company grandfathered. The current management company has no record. Rodger Oetjen contacted the owner on 5 April. The owner agreed to resubmit a sketch / plan for the completed landscaping at which time the Board unanimously agrees to consider waiving the previously assessed fine for not having an approved plan.

4. 4775 Pascal – Owner asked the Board to consider negotiating a lump sum settlement for landscaping fees the Developer charged to the HOA. The Board unanimously agreed to open settlement negotiations. Bruce Brian to take the lead.

5. 7380 Chancellor – Complaint from a homeowner regarding numerous cars parked on the street and work performed on cars in the garage on weekends. The Board unanimously agreed that: 1) no HOA action can be taken regarding cars parked legally on a city street unless they are derelict / abandoned which these are not and 2) the owner can perform vehicle maintenance on his cars in the garage as long as this work is screened; i.e., garage door closed enough so that the work cannot be observed. Todd Gripentrog will contact the owner directly and ask that he screen his maintenance activities.

6. 7420 Chancellor -- Commercial vehicle violation. Rodger Oetjen contacted the owner on 24 March. The owner stated his intention to evaluate whether his garage can be modified to accommodate the vehicle. This is a longstanding violation and the second time within a year that commercial vehicle violations have occurred at this address for a lengthy period of time. The Board unanimously agreed to send a 30 day notice to the owner to develop a firm plan (to include an acceptable timeline) for removal or screening in the garage.

7. 7450 Chancellor -- Commercial vehicle w/ no marking. The commercial writing on this vehicle had already been removed in an effort to conform to HOA rules. Bruce Brian and Rodger Oetjen met with the owners on 5 April. The owners agreed to work with their tenant to place a topper on the vehicle subject to Board approval. This will involve removing the racks and installing a suitable topper that screens enclosed ladders, tools, etc. The Board unanimously approved the topper as long as ladders, tools and work materials cannot be seen inside the vehicle.

8. 7475 Chancellor -- Violation for natural landscaping (bought house this way). Has only partial approval for landscaping and requested a hearing. The Board unanimously agreed to provide a hearing to the owner at its 13 May meeting.

9. 7575 Chancellor – Owners request to transplant two 4 foot Austrian Pine trees from their backyard to the common area behind their home. The Board unanimously approved the request subject to the owners taking appropriate measures (water, mulch, etc.) to ensure the trees’ continued viability / survivability.

10. 7585 Chancellor – Owner backyard landscaping request. The Board unanimously approved the owner’s backyard landscaping plan.

11. 7605 Chancellor – Owner requested approval of third landscaping plan. Two previously submitted plans were lost by the management company. The Board unanimously approved the landscaping plan and waived the fine for not having an approved plan.

12. 7655 Chancellor – Swingset request. The Board unanimously approved the proposed swingset installation.

13. 7665 Chancellor -- Complaint that resident uses handicap ramp for trashcan storage. Rodger Oetjen will contact the owner and remind him that the ramp cannot be blocked for any reason.

14. 7675 Chancellor – Complaint regarding tenant’s barking Great Dane late into the evening. Rodger Oetjen contacted Rhonda at Clemente Real Estate (owner’s Management Company) on 31 March. She indicated that she would coordinate with the tenant regarding the problem. There has been no improvement. The Board unanimously approved sending out a violation letter regarding the noise nuisance.

15. 7590 Manston – Trash, lumber and trailer complaints. Rear landscaping and deck requests. Board members Rodger Oetjen and Bruce Brian were invited to look at the backyard and found no trash problem. There is some covered building material on the right side of the house. A trailer is within the privacy fence on the left side of the house. The Board unanimously agreed to / approved the following: 1) The trash complaint is invalid 2) The covered building materials are required to complete deck work and landscaping. They are screened and protected from the elements, and the owner can continue to store them until his work is completed. 3) The trailer is being stored / used on a temporary basis until the landscaping is complete at which time the owner intends to store it outside the community. The trailer is adequately screened behind the owner’s privacy fence and can be retained at that location until the landscaping has been completed. 4) The owner’s backyard landscaping request is approved with the exception of the dog run which is disapproved. The owner may resubmit the dog run request at a future date subject to a revised location. The owner’s request to use artificial grass / turf in his backyard is approved subject to maintaining natural drainage patterns. The owner has an automatic extension (approved by the previous Board) until 1 June to complete his landscaping but may request an extension after 1 June, if required. 4) The owner’s request to install an upper rear deck is approved in accordance with the plan submitted.

16. 7735 Manston -- Trailer violation. Rodger Oetjen coordinated with both the owner and tenant multiple times between 8March and 8 April. The tenant found a location to store his trailer outside the neighborhood and expects to move it to the new location the weekend of 12-13 April.

17. 7765 Manston –No record of landscape plan submitted and approved by previous management company. Reconsideration of previously denied hot tub request. Request to install split rail fence to prevent pedestrians and vehicles from using the owner’s property as a thoroughfare between Manston and Chancellor Drives. Rodger Oetjen contacted the owner on 25 March and the owner agreed to submit an updated landscaping plan reflecting the installed landscaping. The Board unanimously approved the owner’s revised landscaping plan and installation of the hot tub on his rear patio. The Board recognizes the unique problem with pedestrians and vehicles cutting through the owner’s property to connect Manston and Chancellor Drives. Consequently, the Board unanimously approved installation of a split rail fence along the property line contingent on receipt and approval of an acceptable diagram / plan.

18. 7605 Fargo– Motion from a resident for a hearing at the next community meeting regarding an objection to the Board’s approval of the trampoline at this address. The Board unanimously agreed that the objecting resident may make the motion at the next community meeting. The Board believes it made the correct decision regarding the trampoline and does not intend to carry the weight of the motion.

o. The Board unanimously agreed to conduct its next meeting on May 13th, 2008 (6:00 P.M.) at the Rangewood Fire Station.

3. Adjournment: 9:30 P.M.