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Gleneagle Civic Association annual member meeting, Nov. 14 – Leaders urged to oppose noise variance renewal

By David Futey

On Nov. 14, the Gleneagle Civic Association (GCA) held its annual meeting online. The meeting was originally scheduled for Nov. 6 but was cancelled due to bad weather, and then technical difficulties occurred when it was attempted online that evening. During the meeting, the board heard calls for it to show support to deny renewal of the Colorado Springs noise variance regarding the Ford Amphitheater.

The meeting opened with a verification of quorum. A quorum for GCA is 20% of the homeowner membership in the HOA, so at least 141 was required. This number was not achieved between the proxies received and those attending online at the time of the meeting. So, the election of new officers could not be conducted. A proof of notice of meeting was presented by Howie Feller, the Warren Management representative who also moderated the meeting.

The GCA officers were introduced: Gordon Streich, board president and Covenants Control chair, Shawna Uehling, board vice president and Architectural Control Committee chair (ACC), Glen Leimbach, board member at-large and Ray Berg Open Space manager, Mark Connell, board member at-large and Roads, Signs and Ditches chair, and Jimmy Owenby, board member at-large. Owenby was previously on the board and replaced Glenn Gutnayer, who recently resigned. Streich and Uehling retired from the board after this meeting. All board positions are voluntary.

Next was the first of two lengthy and sometimes contentious discussions regarding noise levels from the Ford Amphitheater in Colorado Springs affecting Gleneagle residents. A community member stated they are “working with a number of people that are trying to fight the excessive noise from the Ford Amphitheater.” He added that there are “a lot of people suffering from this excessive noise.” He provided a link to a “noise map” (Noise Map Ford Amphitheater – Colorado Springs – www.ajudavem.com/noise/noisemap.php) where at least 60 homes in Gleneagle area have complained about the noise. He stated that others have sent complaints directly to Colorado Springs City Council.

The immediate concern is that the Colorado Springs mayor’s office is nearing a decision on whether to renew the hardship noise permit for the amphitheater. This would enable the amphitheater to again exceed the noise variances that residents need to abide by. According to the community member, the mayor’s office has not received “overwhelming influence” to not renew that hardship waiver. It was stated that the city and state statutes indicate noise should not exceed 50 decibels after 7 p.m. in residential areas.

The community member asked the Gleneagle board to at least submit a request for non-renewal to the mayor’s office and City Council as soon as possible. He noted that the Sun Hills HOA leadership expressed to the City Council how the noise is affecting their community. He added that “my house is within a mile and a half from the amphitheater, and we can hear music through our closed windows; it’s enough to keep us awake at night.” He noted the Home – Ford Hurts Families ((www.fordhurtsfamilies.org) has information on the noise issue and a template that can be modified to file a noise complaint and request the city not to approve the waiver.

After a brief discussion on whether the board could send a letter that would properly represent the over 700 members and clarity on what was being asked of the board, Feller interjected and stated this discussion should be moved to the homeowners’ forum at the end.

Homeowners’ forum

The homeowners’ forum began with a continuation of the discussion regarding the board submitting a request to the Colorado Springs mayor and City Council that they not renew the noise variance waiver for the Ford Amphitheater.

From the community members on the call, it was reiterated that a request needs to be sent in a timely manner because the Colorado Springs mayor is potentially deciding on extending the noise variance within the week; there is no sound mitigation toward the north and Gleneagle is at a higher elevation, enhancing the noise affect; various members on the call stated that they and their neighbors have expressed to them that if the noise situation does not improve they will be forced to move; some community members have been forced to go into their basement during concerts to mitigate being exposed to excessive noise levels in their home; the city is taking input from outside the city; there is no data given the relative newness of the situation but property values will most likely decline as who wants to buy in an area where 40-60 times a years the homeowner is impacted by noise from the venue; the variance is supposed to be a one-time exemption; the city has made it a for or against the venue when the issue is the noise from the venue.

Board members said they are trying to understand the facts and related information being provided to them at this meeting. Streich said as board president he feels this is not in the board’s purview given Gleneagle is not in the city; he has not received any complaints from members though his email and phone are available to members; he knows there are members who enjoy hearing the music. He and other board members were not aware of the noise-tracking website and Ford Hurts website; how can the board send a letter that represents the over 700 Gleneagle members when five members are on the call complaining about it? Streich restated he is off the board after the meeting. This discussion concluded with the board agreeing to review the information and, if agreeing, use the template to submit a request for non-renewal of the variance and possibly submit it by the following day.

President’s report

During the president’s report, Streich said Leimbach had almost completed the open space trail section off Pauma Valley and other trail sections. The open space trails require ongoing maintenance because the road base tends to wash away more than expected. Streich stated that the GCA hired Warren Management in 2024 and the transition has been completed. He expects that the GCA will be able to take full advantage of Warren Management’s contracted resources in 2025. He also stated there was a “fairly large delinquency list for assessment dues” at the beginning of the year, with about half being resolved.

Committee reports

Uehling said one new build was approved for the year and only a handful of buildable lots remain. There were quite a few ACC approvals for roofs, painting, sheds, landscaping, xeriscaping, fencing, decks, patios, and solar panels. She said, “Those were the majority of the requests, and community members are finding their way to the new approval system through the Warren Management portal.” Requests are uploaded through the portal, then forwarded to the appropriate committee, which reviews it, and Warren provides the response. Feller should be contacted if community members are interested in assisting with the ACC.

Connell reported on the Roads, Signs and Ditches Committee. The primary responsibility of this committee is replacing signs that have been knocked down by decay or vehicles and refinishing existing signposts. The committee is also seeking to replace the metal sign posts that the county uses with the standard wood or cedar posts as seen throughout Gleneagle. It works with the county on the street signs.

Streich noted that the Covenants Committee has “gone through a couple chairmen over the last couple years, resigning for medical or work reasons.” The current Covenants Committee is composed of three GCA board members and a member of the community. The committee meets about every other week, usually by Zoom, reviewing violations and “issuing a friendly letter” if follow-up is required. The committee is trying to avoid a formal process with a certified letter, which involves various costs. In general, community members have been responsive in resolving violations with the initial contact. Streich said prospective volunteers for this committee should contact Feller.

Leimbach described the efforts of the Open Space Committee. There was a “land swap” at the previous 14th Fairway west of Pauma Valley so walking the trail has changed. Leimbach cautioned that the new trail can be icy and slippery since it slopes north, which he will try to address in the future. He said the rest of the open space is going well, with a yet undeveloped part of the access that runs on the north side of the tunnel that crosses underneath Gleneagle Drive and heads toward the cul-de-sac on Silver Rock. He is waiting to address that location because there are three more lots to be developed in that vicinity. He said the road base on the trail seems to need to be built up each year.

Financial review and ratification of 2025 budget

As of Sept. 30, the operating account was at $20,511 with operating liabilities equaling $7,858. So, the actual balance at that time was $12,653. The reserve balance is $183,665. Streich provided clarification on the reserve balance. He said, “It is not really reserved because we don’t have anything to reserve for, it’s just surplus.” The reserve is invested in government guaranteed CDs.

The projected 2025 budget income is $55,362, with the majority coming from projected assessment dues totaling $46,106. The board approved an annual assessment increase to $66.15 beginning in January 2025. The maximum the board can increase the assessment dues is 5% annually, resulting in an increase of $3.15 for 2025. Total operating expenses for 2025 are projected at $56,226.

A community member asked about the management line item under professional fees. He noted that the projected management expense for 2024 is over $26,000, and the 2025 budget indicates $20,000. It was explained that 2024 was the introductory year with Warren Management and when the contract was signed, neither party knew what the startup costs would be along with the cost to operate the GCA. Thus, Warren fees were on a time billing status.

Warren uses a time-tracking application to bill at 6-minute increments. Feller provided an overview of the HOA billing process. The $20,000 for 2025 represents the cost of basic services that Warren will provide. Costs above the contracted amount could include if Warren is involved in an election process for a covenant change, which requires a two-thirds approval from the membership. The budget can be reviewed on the Gleneagle owner portal.

Another community member asked a question about Everlights, lighting that goes under the eaves that has become popular. Uehling said a homeowner needs to submit a request to the ACC to seek approval for the installation similar to any other request. She continued that if the lights become annoying or obnoxious or if your neighbors complain, that would be a complaint filed with the Covenants Committee and handled that way. The covenants contain vague verbiage regarding obnoxious lighting, she said.

This discussion led to a question about antiquated covenants. It was restated that a two-thirds vote of membership is required to make a covenant change. Streich said this is one of the reasons the board decided to hire Warren, because of its ability to manage an election. He continued that changing the covenants is a “difficult process” but sees the board bringing some issues to the community in the coming year such as covenant changes and possibly a one-time increase in dues, for which the board would need to make a case.

Wildfire preparedness summary

The election of directors could not take place because of the insufficient quorum. The meeting continued with a required overview on wildfire preparedness and creating a defensible space. Feller provided a summary presentation because representatives of the Monument Fire District were unable to attend this rescheduled meeting. Feller said homeowners should ensure they are thinning trees and shrubs, making sure nothing is up against their house, and that pine needles are cleaned up. Streich stated that Leimbach was cleaning up stands of scrub oak in the open space, and volunteer help for this effort would be greatly appreciated. He said members using the open space should be aware of their physical location if a situation arises and the fire department needs to be contacted. For example, stating “I’m at the windmill” as the fire department can see the windmill on its map.

A community member complained about a lack of response from the board and Warren Management after repeated correspondence regarding speeding on their street. This too became a contentious back-and-forth discussion as the community member said she originally sent an email in mid-September with follow-up correspondences since that time with no response. It eventually reached a point for both parties where Streich asked Feller to mute the community member so the meeting could proceed.

Another community member said, “My wife and I do enjoy walking the pathways in the open space and that area. So, thank you for maintaining that space and giving us a place to enjoy the outdoors.”

After no other community comments, Streich addressed the community member’s concern about a lack of responsiveness. He said, “We are in the first year with Warren and it has been a challenge. In general, we’ve come a long way. I expect that the performance on both our parts will be better next year.”

Streich continued, “As far as the individual board members responding, that is up to them individually. We all have the best of intentions, but we all have lives, too.” He added these are volunteer positions, there is an open board position, and the asset of Warren Management will ease some of the day-to-day burden of financial management and HOA administration. Also, the annual state legislative changes related to HOA governance has become a burden for volunteer boards. This is also where Warren can help.

The meeting adjoined at 7:50 p.m.

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David Fuety can be contacted at davidfutey@ocn.me.

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Gleneagle Civic Association, Sept. 19 – GCA annual meeting date moved

By David Futey

The Gleneagle Civic Association (GCA) Zoom meeting began Sept. 19 with a quorum of board representation. The attending board members were Shawna Uehling, board vice president and Architectural Control chair, Glen Leimbach, board member at-large and Ray Berg Open Space manager, Mark Connell, board member at-large and Roads, Signs and Ditches chair, and Glenn Gutnayer, board member at-large and representative on the Architectural Control Committee (ARC). Gordon Streich, board president and Covenants Control chair, was unavailable for the meeting.

The meeting was moderated by Warren Management representative Howie Feller. He introduced himself as the new representative for Warren Management as Josh Gregory, the previous representative, had left the company. Feller noted that he works with three homeowners associations at this time.

After the prior meeting minutes were approved without modification, Feller proceeded through the Financial and Manager’s Reports. The August financial report, available in full through the portal at portal.warrenmgmt.com, showed the GCA as of Aug. 31 with $233,806 in total assets, $7,397 in total liabilities, total unallocated reserves of $179,899, and total equity of $36,509. Feller noted that most expense categories went over budget for the August reporting period including professional fees, administrative, and committees. During the manager’s report, Feller stated that two board member positions will be up for re-election and the Warren Management renewal is scheduled for December.

During the Roads, Signs, and Ditches Committee report, Connell stated that temporary street signs have been placed on Huntington Beach and Pauma Valley. He will buy wooden posts in quantities of 10 for those and other signpost repairs and convert existing metal signposts to wood.

In the ARC report, Gutnayer said the process is continuing to convert GCA members over to the Warren Management portal from the GCA website for request submittals. The ARC has the Architectural Control approval process and variance policy and form pdfs available on the portal. Gutnayer said three or four ARC requests were awaiting a response at this time.

Violations reported

Leimbach presented for the Covenant Control Committee. He said there are six to eight violations being pursued, most related to trailers and recreational vehicles parked in yards and driveways. One resident has an “unkempt” yard. Residents in violation receive a first notice sent by registered mail. If not resolved, a second notice will be sent registered mail

Leimbach also presented on Common Elements and the Ray Berg Open Space. He said 100 cubic yards of fill were used to move the trail between the 13th and 14th fairways. A new culvert was installed as part of the trail move.

He said an elderly gentleman was walking in the open space, fell and required assistance. The Monument Fire Department could not reach him as they could not determine how to enter the open space. Leimbach has since provided a map with access points to Jonathan Bradley, Monument Fire Division chief of Community Risk Reduction. The map will be incorporated into the department’s vehicles online map system.

New annual meeting date

During the new business portion of the meeting, Feller said the annual meeting needs to be moved from Oct. 9 to formally set it up. Feller needs a meeting budget from the board, to send out the call for candidates to the community, the printing and mailing of the 701 pamphlets to each community member, and a required 15-30 days’ notice of the meeting. A tentative date of Nov. 6 at 6:30 p.m. at Antelope Trails Elementary School cafeteria was settled on. It was stated that seven community members attended the 2023 membership meeting.

Leimbach led a discussion regarding the creation of a sign and flag policy. The policy and related discussion resulted from a situation where “two GCA neighbors became at odds over religious rights and the posting of a sign.” The sign in question was posted near the property line, facing the neighbor. A lawyer, consulted by the board, said the GCA needs to establish a uniform way to protect the rights of all parties.

The policy draft sets sign dimensions at 24 by 18 inches, the sign is placed in the front yard of the property, close to and visible from the street and not directed toward a neighbor. This policy draft also stipulates a flag size no larger than 3 by 5 feet. It was stated that a political flag possibly exceeds that dimension. When approved, all flags would fall under this policy.

The discussion involved the flag size being changed to no greater than 4 by 6 feet and establishing a time frame for a displayed sign to be posted was not stipulated in the policy draft. The board decided to table a vote on the policy to resolve the flag size and the duration for displaying a sign. A GCA member on the call brought up Colorado HB21-1310: HOA Regulation of Flags and Signs, which was passed into law in July 2021. It broadens homeowner protections regarding the display of flags and signs relative to HOA policies.

Member comments

The GCA member comments portion of the meeting included discussions on benches, Airbnbs in the community, noise from the Ford Amphitheatre, and loose dogs in the open space. A GCA member requested a bench be placed along the new 14th fairway access trail. Leimbach said bench material (expanded metal), dipped in a rubberized compound, set in concrete would cost about $600 each. The board is seeking community members to donate for the bench and board members would install it. No board monies are presently allocated.

It was also suggested that the board get a post hole digger for the GCA-owned tractor for signpost installation. Connell priced a post hole digger rental at Home Depot at $150 for four hours. The rental option is only supported currently and until it becomes cost effective to purchase one and store it. The GCA does not have a storage facility. A storage facility is needed because equipment is presently left outside, a board member said.

GCA members living on Doral Way asked what the policy is regarding Airbnb properties. The homeowners have been subjected to unattended fire pits left burning overnight, outdoor music, noise, and trash from an Airbnb next door. A lengthy discussion ensued that brought up the issues of absentee landlords, not wanting to limit long-term rentals, a number of related Colorado Revised Statutes found under Title 38, Article 33.3 (Colorado Common Interest Ownership Act), the difficulty in organizing a membership vote to pass a declaration, and the enforceability to restrict Airbnbs. It was suggested to have covenant violations accumulate for the owner to address the situation.

A Candlewood Court GCA community member asked if the board could raise the issue of noise from the Ford Amphitheatre as it is affecting GCA members. The community member noted that the Sun Hills board presented to the Colorado Springs City Council on the impact of noise being experienced by its members. It was suggested that a GCA citizens’ committee needs to be formed to gather information on the issue, bring it up at the annual meeting to assess the impact, and determine further action.

A 30-year GCA community member, whose backyard abuts the open space, said that dogs off leash in the open space has become an issue. The member believes the off-leash dogs occur in part from dog owners who live outside the community using the open space as a dog park. The community member has observed cars being parked on the street and dog(s) subsequently let loose in the open space. They have witnessed dog fights caused by off-leash dogs and have concern for children riding on bikes being attacked. They have also limited their own dog walking in the open space as well for safety concerns. They noted it is posted that dogs must be on a leash and questioned who enforces it. Leimbach said it is difficult to enforce due to limited resources. It was suggested to report instances to Animal Control or the Humane Society.

The meeting adjourned at 5:26 p.m.

David Futey can be reached at davidfutey@ocn.me.

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Gleneagle Civic Association Board of Directors, Mar. 17 – Discussion of management’s role continues

By David Futey

On March 21, the Gleneagle Civic Association (GCA) Board of Directors held its bi-monthly meeting, which was the second meeting since the all-volunteer GCA board hired Warren Management Group (WMG) to assist with administration of the associated Gleneagle community. The GCA board members in attendance were President Gordon Streich, Vice President Shawna Uehling, Glen Leimbach, Mark Connell, and Glen Gutnayer. There were eight community members in attendance along with WMG representatives Joshua Gregory and Holly Finney. The meeting began at 5:30 p.m.

In February, WMG emailed a document to GCA members and posted it to the GCA portal on the WMG website (portal.warrenmgmt.com). The document outlined WMG duties and services provided to the GCA board and community. These duties include certain homeowners’ communications; management services such as advising the Board of Directors who retain decision-making responsibility and serving as a liaison with legal counsel when legal action occurs; in-house accounting services such as tracking homeowners’ account balances and delinquencies, tracking insurance status, renewals, and claims, preparing meeting agendas and recording minutes, and tracking Architectural Control Committee submissions and approved modifications.

According to the document, WMG does not currently perform event attendance, governance inspection, violation letters, or management of the Rae Berg Open Space. In general, WMG can perform most duties except for those related to governance compliance, though part of the meeting discussed reviewing this option in the future.

The board reviewed and approved the 2023 year-end financials and reviewed the income and expense reports for January and February. Streich reported the GCA came in under budget for 2023.

WMG has an hourly based contract for the transition period and beginning of the relationship with GCA as requested by the GCA board. Streich stated the costs are within the GCA operational budget. He said the initial startup costs of the relationship were understandably high but had become more in line with what was expected as the relationship has become more defined.

Gregory suggested that the board withhold public discussion regarding specific residents who are delinquent in their assessment payments until the executive session following this meeting. During the Manager’s Report, Gregory stated 117 homeowners had not paid their assessment. This includes 74 that had not paid for 2023 and 49 who had not paid for multiple years. This equates to over $8,000 in uncollected assessments.

Gregory also requested an inventory of association assets, current contract information with Fast Track Construction, and term expirations for present GCA board members. He also said the transition to the WMG portal has been completed. Gregory said three new homeowners joined the association since December 2023.

When a home sale occurs, WMG is usually contacted by the prospective buyer through the title company who requests a Homeowners Association (HOA) status letter and occasionally an HOA compliance inspection and letter. The status letter provides information on the administrative history of the home and its standing within the association, such as whether HOA assessments had been paid and whether there were outstanding HOA violations. The compliance inspection requires a WMG representative to perform an inspection of the home to determine if it complies with the GCA governing documents. WMG is paid by the buyer, usually through the closing costs of the home sale, for providing the status letter and compliance inspection and subsequent letter. At this time, WMG cannot perform any governance (inspections and notifications) as outlined in the GCA governing documents. Funds received through GCA assessments cannot be used for governance inspections unless the GCA governing documents are changed, requiring a two-thirds vote from the membership to change it.

During the Roads, Signs and Ditches Committee report, Connell stated that the street sign on Pauma Valley that was damaged during the recent snowstorm is being repaired. He has spoken with a homeowner on Rangely Drive about removing vegetation that is obstructing a street sign. A request has been made to the El Paso County Department of Public Works to install crossing markers with possibly flashing signs where trails from the Rae Berg Open Space cross over streets including Gleneagle Drive, Pauma Valley Drive, and Doral Way.

A discussion about the submission process occurred during the Architectural Control Committee portion of the meeting. Submissions are currently performed through the GCA website and two GCA board members review the request, providing a decision to the homeowner. It was discussed what the process might be if WMG assumed this role and the possible associated fee for WMG to conduct the inspection and subsequent documentation. This was tabled for future discussion.

During the Covenant Control Committee portion, it was stated that WMG cannot provide governance enforcement given the present stipulation in the governing documents that assessment payments cannot be used to pay for governance enforcement. Presently, it requires a GCA board member to identify a violation and the GCA board to then send out the first notice by certified mail as required by Colorado Common Interest Ownership Act (CCIOA) and House Bill 1137. There was a discussion about having WMG perform the administration of sending the non-compliance notice(s) to the homeowner but that was tabled given the need for legal review of the governing documents to determine if this is allowable.

Connell suggested a one-year pilot program to use non-assessment funds from a land sale that totaled $60,000 to have WMG perform the entire convenance review process, from performing neighborhood inspections to sending out the notices and seeking compliance. A question was raised about whether those funds could be used depending on whether assessment payments were used in the original purchase of the land. Streich stated his concern that the relationship between WMG and GCA is still in its early stages and wants to ensure the original intent is being met before making changes to the relationship. This was tabled for future discussion.

New and other business

The annual GCA garage sale was approved for June 7 and 8.

The board unanimously approved the renewal of the Owners Insurance that provides umbrella insurance including liability coverage. There was an 8% increase. Worker’s compensation insurance is provided by Pinnacol Insurance. Streich said the GCA is fortunate to have insurance as it has become more difficult for HOAs to acquire and retain it.

A discussion occurred regarding renewing the contract with Fast Track Construction that presently provides mowing and weeding of the common areas and islands. The board tabled approving a renewal of the contract until information regarding the company’s insurance coverage was obtained and discussed with the company.

Gregory provided a draft of the assessment notice letter. A statement balance letter will accompany the notice. The board approved a change in payment date to April 30 and no credit card option due to the excessive fee.

Members raised the following items during the GCA member comment portion of the meeting:

• It was stated that there has been a lack of communication with the community regarding GCA board meetings and information regarding the relationship with WMG. The WMG portal and GCA website were noted as locations where community members should seek information. It was stated that the board only technically needs to inform residents of the annual GCA member meeting date.

• A request was made to contact the county about completely resurfacing River Oaks Drive. It has been patched numerous times as it is in near continual need of pothole repair. It was suggested that residents use the El Paso County Citizen Connect site (citizenconnect.elpasoco.com) to submit pothole repair requests.

• A request was made for the board to consider adding benches in the Rae Berg Open Space area. This has been previously discussed by the board along with related cost for concrete pad and needs for the bench placement.

• A member initiated a discussion regarding the number of garbage collection companies and the various days they perform their service. It was suggested that the association consider contracting with one provider. A discussion ensued regarding the practicality of this suggestion with concerns raised about the selection process and collection of fees, among other items.

• It was requested that the board contact the Gleneagle North HOA (GNHOA) about its annual paper shredding event to determine if GCA members can participate. The event usually occurs at Antelope Trails Elementary School. Streich said he would contact the GNHOA president about it.

The general meeting ended at 7:37 p.m. The board then went into executive session.

David Futey can be contacted at davidfutey@ocn.me.

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