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Gleneagle Civic Association Articles

Gleneagle Civic Association Board of Directors, Sept. 30 – Board defends use of companies for duties

By David Futey

On Sept. 30, the Gleneagle Civic Association (GCA) held its bi-monthly meeting at Antelope Trails Elementary School (ATES) with the latter portion of the meeting an opportunity for community member questions and comments. Board members Jimmy Owenby, GCA president, Steve Kouri, treasurer, Glenn Leimbach, board member at large, Mark Connell, board member at large, and Jeff McLemore, board member, were in attendance.

The initial discussion focused on financial updates. Kouri noted that legal fees for updating the covenants documents were not budgeted, but, “It is a great opportunity for the association to be current and have one set of documents that will be easy for everyone to read and understand.” Balanced Bookkeeping was hired in May, assuming bookkeeping responsibilities that were previously performed by Warren Management.

Since Balanced Bookkeeping began, the number of homeowners in arrears of paying their annual assessment dues has been reduced from 72 to 12. Late fees were waived due to conflicting information in the association’s declarations.

Kouri said, “We do not have a lot of assessments coming in every year to afford letting those go.” Over $40,000 was paid to Warren Management, and “they did nothing regarding collections” said Kouri. He said, “About $7,000 in aged receivables remain outstanding, and once that comes in we will be able to operate the normal budget.” Owenby provided a summary of the move from Warren Management, stating in part “there were a number of reasons for the move but the main was they were not doing their job and their responsibility in terms of collections and getting back to residents and realtors in a timely manner.”

Leimbach provided a report regarding covenants and the hiring of Centerpoint Management to provide fair and equitable covenant enforcement. Centerpoint was hired to identify covenants violations, driving the entire GCA area every two weeks. Centerpoint also monitors state legislation related to covenants and Colorado Common Interest Ownership Act (CCIOA) changes. Owenby and Leimbach conducted an initial drive around with Centerpoint to set enforcement standards that reflect the Gleneagle culture. Some of the issues that have been addressed include illegally parked RVs/campers, weeds, and overgrown yards.

Leimbach said “I have been here a long time, over 33 years and I have slowly seen the quality of Gleneagle on a downhill slide.” Owenby said that “some portions of this neighborhood need a little bit more work than others” and that using Centerpoint “is more fair, more equitable than opposed to how covenant enforcement worked in the past where neighbors essentially volunteered information on their neighbors.” Owenby said the board tried using volunteers regarding covenant enforcement, but it was inconsistent and, specifically with CCIOA guidelines, difficult to perform the required timing of violation notifications and re-inspections. Owenby added that Centerpoint provides two-week consistency.

For the Architectural Review Committee (ARC), McLemore said he estimated that since November 2024 there have been 60 ARC requests, with fences and sheds being the top two requests. Of those, there have been three or four variances issued. He also reviewed a new house. An ARC committee is forming to review related documents, some that are outdated.

During the Roads, Signs, and Common Areas update, Connell said a leaning signpost on Westchester and Scottsdale was corrected. He coordinated with a homeowner at Pauma Valley and Gleneagle Drive, trimming back shrubbery to correct a visibility issue at that intersection. He will be working on a visibility issue at Westchester and Scottsdale the following week.

Leimbach talked about the open space, beginning with the path that goes down from the top of the previous 14th fairway toward Pauma Valley. Fill was brought in to raise the path. Addressing the erosion issues on the 14th has stopped the general upgrade of all the open space trails. He mentioned the high costs and issues in getting trail material delivered. Leimbach said crosswalks have been painted across Gleneagle Drive and across Pauma Valley, where open space trails cross. Five benches have been installed around the open space area.

He then mentioned the poor condition of islands, particularly the one between Stone Eagle and Huntington Beach, which is 720 feet long. The initial bid to upgrade it was $55,000, which he said was exorbitant. He expressed the islands’ importance as they are “the first thing you see after the Welcome to Gleneagle sign. It has old mulch, torn-up fabric, and different gravel colors.” The objective is to install native grass that will align it with the islands at the north end. He is investigating whether some of it can be done through volunteers, thus mitigating some of the cost.

Regarding old business and the town hall, Owenby said the town halls were educational for the board and hopefully for those who attended and participated. The GCA board held two town halls related to updating the covenants before this town hall. He acknowledged and appreciated the feedback received. The GCA attorney is reviewing the updated covenants declaration for compliance with CCIOA.

Owenby brought up the short-term lease amendment, which was originally drafted by the previous board in 2022 but not voted on by GCA members. Owenby said that voting by mail on this amendment would cost at least $2,000 for sending out and the self-addressed return envelope. He said, “there are strong emotions” regarding the topic as “some residents are very anti-B&B, and there are some residents that are very pro-B&B.”

He continued, “We are trying to make it equitable as we know there are a number of residents that rent out their houses during Air Force Academy graduation, and that is a revenue generator for some people.” Owenby further stated that “some parts of the community have non-stop B&Bs.”

The present board seeks to finish this amendment process started by the previous board, with ballots including a vote on this amendment mailed to GCA members on Oct. 16. CCIOA states the board has 60 days to collect all the votes or 67% of affirmative votes once the first vote is cast.

The board presented information and justification concerning the need to increase the annual assessment dues. The proposed dues increase is to cover three primary areas, covenant enforcement, accounting, and maintaining the open space and related areas, the highest of the three costs. The following highlights information presented by the board.

Dues summary

  • The board is 100% volunteer.
  • Covenant enforcement for 703 homes with a volunteer board is unsustainable.
  • Professional covenant enforcement is recommended for fairness and sustainability.
  • The proposed dues increases include: $30/household/year for covenant enforcement by Centerpoint. $25/household/year for accounting by Balanced Bookkeeping (this is 75% of Warren’s cost). $82/household/year for open space maintenance.

Open space and liability

  • Ninety acres of open space and islands cannot be effectively maintained by volunteers.
  • Liability issues, like wildfires, were discussed.

Insurance

  • The association maintains comprehensive and general liability for common areas, property for common areas, officers and directors, and liability insurance.
  • Insurance companies are dropping coverage on HOAs.

HOA dues comparisons

  • The GCA dues are presently $67/year. The GCA board is proposing $140/year.
  • He said, “There is truly not a direct comparable, meaning there is no 700-member organization that has a 90-acre open space.”
  • Gleneagle North HOA: $125/year not including trash for about 350 members with 5-10 acres of open space.
  • Sanctuary Pointe: $420/year with trash removal.
  • NorthGate Highlands: $630/year with trash and snow removal
  • Paradise Villas: $2,600-$3,000/year depending on patio property size that includes landscape maintenance and snow and trash removal.
  • Connell concluded, “There is no other HOA our size in the Colorado Springs area that is managed solely by volunteers.”

Upcoming meetings and elections

  • The board is attempting to schedule ATES for the annual member meeting in November.
  • There will be an election call for candidates to fill the two-year terms of board president and member-at-large beginning in December. Owenby and Leimbach are not returning.

Community comments

  • When community members asked about Balanced Bookkeeping and Centerpoint being used, Owenby said, based on the current covenants, “The board has the discretion to hire companies as it sees fit in order to run the daily business of the organization.”
  • A community member asked what happens if the ballot measure for the dues increase fails. Owenby said the community would have to decide on what budget cuts to make.
  • Owenby said collecting dues was “number one” in terms of the input they received from community members. He added that “when you have a 30% rate of attrition, that’s problematic for an organization and it’s not fair.”
  • A community member suggested “looking inward” to solicit landscapers, lawyers, and accountants within the community to volunteer roles. Owenby said this board and previous boards have tried to use volunteers. The role and challenges of volunteerism were discussed including consistency, commitment, liability, and training.
  • The viability of the open space, which is presently private property owned by the GCA, being converted to a “public” space was discussed.
  • Communication issues from the board to community members were a major topic, including emails not being received by community members, outdated contact lists, suggestions for a newsletter, and improving outreach to community members.
  • In response to a resident stating, “Why should people care what other people do?” and concerns about the dues increase, Leimbach said, “I have been here 33 years, and I know what we were doing in the past (regarding covenant enforcement) wasn’t working. You either don’t enforce covenants or they were enforced unfairly. Both options are not good options, they are bad options. We are talking about 12 bucks a month to run this entire area.” He continued that Centerpoint is efficient with addressing violations and with communications to residents, saving the association money. Later, Owenby said the 750-foot island along the southern part of Gleneagle Drive is the “front door to the community” and it and the common spaces need to be maintained. He said, “We are not a new community.”
  • A community member mentioned the expense of the benches ($650 each) when the board is asking to increase dues. Owenby responded with, “There have been a number of people who have wanted benches for years. On a personal level, you might not see it as a priority, but a lot of people walk that trail two or three times a day and all they were asking for was a place to sit.” Owenby said the board looked at eight benches to find something that would last so that the next board would not need to replace them in four or five years. Reserve money was used to buy the five benches.
  • The board discussed efforts to increase community participation in voting, aiming for a 67% turnout, and the need for volunteers to help with voting outreach and “get people to vote,” Owenby said.
  • Covenant enforcement and the process for granting variances were explained, with an emphasis on legal responsibilities and fairness. Owenby said, “There were a couple of trailers that we (the board) granted temporary variances [to] because of extenuating circumstances where they (the homeowners) needed to keep the trailers on their lot.”
  • Balanced Bookkeeping has 620 email addresses out of the 703 GCA homes. They sent out a notice by mail to community members to confirm contact information. There’s a link on the GCA website to update contact information with Balanced Bookkeeping.
  • Owenby said Bryce Meighan, the attorney assisting the covenant review, was paid a flat fee as opposed to hourly because that was more cost effective for the GCA. He said the board had to pay an additional amount given adjustments made in the declaration’s development and explained, “We try to be very responsible with this and at the same time trying to get this stuff updated.”

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For more information on the Gleneagle Civic Association, see https://www.gleneaglehoa.org.

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

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Gleneagle Civic Association Town Hall Meeting, Oct. 15 – Town Hall covers ballot measures

By David Futey

On Oct. 15, the Gleneagle Civic Association (GCA) board held a Town Hall in the Antelope Trails Elementary School (ATES) gym, presenting information on the voting process and highlighting specifics related to three ballot measures. Residents are asked to vote on the re-written GCA covenants declarations, an amendment regarding short-term leasing, and increasing the annual assessment dues. Ballots were scheduled to be mailed to addresses on file associated with all 703 homeowners on Oct. 16. Documents and other information related to these measures can be found at the GCA website (https://www.gleneaglehoa.org/home/).

Board members Jimmy Owenby, GCA president, Steve Kouri, treasurer, Glenn Leimbach, board member at large, Mark Connell, board member at large, and Jeff McLemore, board member, along with GCA legal counsel Bryce Meighan with Orten, Cavanaugh, Holmes & Hunt LLC were present. There were over 40 GCA members in person and others joining online. Owenby and Meighan primarily presented information on the voting process, background on each ballot measure, and answers to questions from in-person and online attendees.

Key points from the meeting include:

  • A 67% approval is required for each measure to pass. Thus, if all 703 households are in good standing, meaning not in arrears of paying their annual assessment and their voting right is suspended, then 471 households need to vote in the affirmative for a measure to pass.
  • There is one ballot vote per household.
  • The measures are independent of each other. Thus, one or two measures can pass while the other(s) fail.
  • An unreturned ballot is considered a no vote for all three measures.
  • Ballots must be returned by Dec. 14 to be counted.
  • The ballot mailing will include a letter with information on the voting process and on how to get a copy of the documents being voted on. A SASE will also be included.
  • Owenby said the board received 100-120 emails with suggestions for the declaration re-write along with feedback from the previous two town halls. So, the declarations being voted on are different in part from what was originally proposed. He reiterated that the present covenants were mainly written in 1973 and 1983 along with amendments added over time. He said, “There are items [in the present covenants] that do not comply with Colorado Common Interest Ownership Act [CCIOA], state law, are no longer relevant or are unenforceable.”
  • Among the changes made from the original draft of the covenant declarations to the voted-on document include:
    • A GCA mission statement was added.
    • A maximum yearly assessment is capped at $200. It was set at $400 in the original draft. If the covenants declaration passes, the $200 cap exempts the association from CCIOA for a large, planned community. This would be a “big benefit,” according to Meighan.
    • Any change to the open space would require an 80% affirmative vote from GCA members in good standing.
    • A section on borrowing was removed given the GCA’s reserves and insurance coverage.
    • A special assessment vote affirmation was changed from 51% to 67%.
  • The proposed annual assessment is $140. The present annual assessment is $67.
  • The board is preparing two separate budgets, depending on whether the proposed annual assessment increase passes or doesn’t.
  • Any board proposals on rules or regulations cannot conflict with the covenants’ declarations.
  • There was a discussion on the impact of members not paying their assessments, fines for violations, and if the board can foreclose on a property. Meighan said, “I have been involved with the GCA for 20 years and do not recall any foreclosure” related to unpaid assessments or fines. Fines are seen as a method to achieve compliance with the covenants. Voting rights and other privileges can be suspended if assessment dues are in arrears.
  • Members expressed concern about not receiving or inconsistently receiving emails regarding the process to update the covenants. Owenby said, “At least two letters have gone out since May requesting updated contact information, one from Balanced Bookkeeping after they took over for Warren Management and the other from Centerpoint.” Balanced Bookkeeping manages the master contact file. Members should contact the board if they are not receiving information or go to the GCA website, where they can update their information with Balanced Bookkeeping.
  • Members expressed concern about the special assessment section in the declaration. Owenby said the board had difficulty determining what a special assessment might be because the GCA “has no swimming pool, tennis court or other facilities” that might require significant or unexpected upkeep. He said one possibility would be if flooding from the open space caused damage to adjacent houses. A special assessment might be needed to cover costs above what the association’s insurance covers. He noted “the proposed annual assessment increase is for maintaining the operation of the association such as maintaining the open space” and mitigating the possibility of flooding or fire.
  • The leasing amendment, if it passes, would be incorporated into whichever covenants declaration is retained after the voting concludes.
  • The GCA annual meeting will be held at ATES at 6:30 p.m. Nov. 12.

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For more information on the Gleneagle Civic Association, see https://www.gleneaglehoa.org.

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

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Gleneagle Civic Association, Aug. 12 – GCA holds Town Hall to review rewritten covenants

By David Futey

On Aug. 12, the Gleneagle Civic Association (GCA) board held a Town Hall Zoom meeting to seek feedback from the Gleneagle community on a draft version of the community’s Declaration of Covenants, Conditions and Restrictions document. Board members Jimmy Owenby, GCA president, Steve Kouri, treasurer, Glenn Leimbach, board member at large, Mark Connell, board member at large, and Jeff McLemore, board member, along with GCA legal counsel Bryce Meighan with Orten, Cavanaugh, Holmes & Hunt LLC were present.

Before the Town Hall, the GCA board informed community members of the event through email on Aug. 4 and 11, including a draft of the rewrite and outlining the need to rewrite the declaration in the latter email. In part, the Aug. 11 email stated, “Our current documents, originally written decades ago, have become increasingly difficult to interpret and, in some areas, contradict provisions of the Colorado Common Interest Ownership Act (CCIOA). After careful consultation with the community’s legal counsel, the board determined that a full rewrite—rather than piecemeal amendments—was the most effective way to bring our governing documents up to date.”

The email continued that the stated goals of the rewrite were to “align the documents with current state law and regulations; simplify and streamline the language for ease of understanding; modernize the content to reflect the evolving character of our neighborhood.”

At the opening of the Town Hall, Owenby reiterated the need for a rewrite. The board seeks to replace the existing covenants that were created in 1973 and updated in 1983 along with additional amendments after 1983. The existing covenants document is difficult for homeowners and the board to interpret and the board to enforce, he said. The goal is to create a clear, legally compliant with CCIOA and other laws and community-acceptable document that reflects changes that have occurred within the community.

The draft also seeks to remove unenforceable provisions and outdated rights and powers held by the original developer since the community is now fully owned and managed by its members who clarify governance and operational roles within the GCA. Owenby said the major reason for the rewrite is to clarify “the governance and overall operation of the GCA.”

Owenby said the board expressed thanks for the “really good feedback” received by email from community members before the Town Hall. He said the board will hold additional Town Halls including an in-person one, before a community vote is taken in November. Voting on the finalized covenants will be conducted by mail over 60 days to accommodate a quorum for the over 700 GCA households. Owenby said all lot owners are members and there is one vote per lot. He also emphasized that this is the first draft with revisions to follow based on community feedback and board review.

The Town Hall proceeded through eight of the 12 articles in the document during its two hours, with the board providing a description and overview for each article and allowing for feedback and discussion with online community members. The following articles were covered: Article 1: Name and Location; Article 2: Definitions; Article 3: Association Membership, Allocation of Votes, and Allocation of Liability for Common Expenses; Article 4: Easement and Common Area; Article 5: Assessments; Article 6: Maintenance Responsibility; Article 7: Architectural Controls; Article 8: Covenants.

The following provides an overview of what was discussed during the covenants’ draft document review.

  • The board clarified that there is no current intention to pursue a special assessment but included provisions for future boards to do so with a high approval threshold of 67% of total membership, rather than a simple majority. (Article 5.6).
  • A cap on annual assessments is proposed in the draft at $400 per lot (adjusted annually by the Consumer Price Index or 5%). This would maintain the community’s small plan status as a limited expense HOA, being below the CCIOA threshold. Community members asked if a lower amount than $400 is possible and expressed concern over potential future increases. The board and attorney explained that the cap at $400 or less would be below the CCIOA threshold.
  • The GCA annual assessment is presently at $67. It can only be increased at a maximum of 5% annually. A vote by the membership would be required if the board seeks an increase higher than that percentage. Owenby stated that “assessments have not kept up with what we are doing now, such as taking care of the open space.”
  • Borrowing provisions are included in the draft to allow the association to quickly access funds for emergencies, such as flood damage, with banks typically requiring pledges of future assessments as collateral. The board acknowledged community members’ concerns about including borrowing guidelines and expressed willingness to consider adding those in the next revision.
  • The document consolidates voting procedures, including quorum definitions and approval thresholds for various actions. Quorum requirements differ depending on the activity, whether for board meetings or membership voting, for example. A 20%-member quorum, based on 2018 bylaws, is needed for voting during a board meeting to put an issue to vote to the general community. An approval of 67% of all members is recommended for special assessment approval instead of the present 51%, and a recommendation is being put forth in the draft for 80%-member vote approval for changes to the open space.
  • Homeowners are required to maintain their lot and make improvements consistent with community standards, with specific timeframes (e.g., 15 days to control weeds, 30 days to complete maintenance and repair) for addressing violations.
  • A discussion involved current practices involving notices from the board and submissions by neighbors for covenant violations. There was an expressed desire for the process to be professionally managed, fair, and equitable across the entire community. Owenby noted that the latter is difficult with the present four volunteers. Community members expressed interest in formalizing the violation adherence process in the covenants to provide consistency and prevent overly strict enforcement.
  • Meighan suggested community members submit suggestions relative to Article 6.3 regarding Failure to Maintain.
  • The covenants establish an Architectural Review Committee (ARC) responsible for approving property improvements, with a 30-day review period. If the ARC does not respond, the applicant can notify the board president they intend to proceed as identified in the application. If the association does not issue a written disapproval within 15 days, then the improvement can proceed and deemed in compliance (Article 7.8).
  • The board plans to update the architectural guidelines to reflect modern community standards and accommodate changes such as artificial turf, which is allowed with ARC approval.
  • Concerns were raised about the requirement for homeowners to pay for consultants hired by the board to review project applications (Article 7.5), especially for smaller projects, and members suggested including guardrails to prevent excessive review costs.
  • The board acknowledged the need for flexibility in construction timelines due to contractor availability and other delays, and the potential inclusion of permit closeout requirements.
  • The covenants draft addresses the use of lots, attempting to balance the allowance of home-based businesses with restrictions to maintain residential character (e.g., limiting traffic).
  • A discussion involved the existence and feasibility of short-term rentals (e.g., Airbnb). It was stated that Colorado courts defined short-term rentals as residential and not a commercial business. There are no current restrictions on short-term rentals in the draft, but the board is open to future community-driven discussions on this topic because community members have expressed issues with such rentals.
  • Leasing provisions include the association’s right to require owners to evict tenants for covenant violations (Article 8.3), although this might conflict with recent Colorado tenant protection laws requiring 90-day notices, a legal complexity the board intends to review further.

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The board intends to announce another Town Hall after the next draft revision is completed and provided to the community. The Town Hall is expected to be held in the second week of September.

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

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Gleneagle Civic Association, March 19 – Covenants undergoing updates

By David Futey

The Gleneagle Civic Association (GCA) board held its bi-monthly meeting on March 19 at Antelope Trails Elementary School. The board members in attendance were Jimmy Owenby, GCA board president, Glen Leimbach, vice president and co-manager of the GCA green space, Steve Kouri, treasurer, Mark Connell, Road Signs and Ditches Committee, and Jeff McLemore, member at large and member of Architectural Review Committee (ARC).

Covenants being updated

During the new business and member comment portions of the meeting, the board discussed the ongoing process of updating the GCA covenants. Kouri said the biggest problem with the association’s governing documents is, “They’re all over the board. There are two or three different versions, and nobody knows the proper one. So, we are attempting to combine them.” Kouri is leading the Covenants Review Committee.

Owenby said the first iteration of the covenants was in 1983, followed by a revision in the mid-1990s, then another revision in 2000. He said, “Colorado law has changed so much that a lot (in the covenants) is voided.” He cited the example of landscaping where the covenants require a percentage of grass in a yard, but Colorado state law does not allow associations to cite a member who does 100% xeriscaping. There are items that are also contradictory within the covenants, Owenby said.

Owenby and association members in attendance brought up the difficulty in locating compliance information in the present covenant documents. An association member voiced a need to make the covenants ”understandable” and continued “so that people don’t have to be an attorney or get an attorney to understand what the covenants actually are.”

Another issue is clarity regarding assessments, the collection process, and when assessments are due. The board has spent $3,000 on assessment collection letters to encourage members to pay their assessments. If members are not responsive, the board refers the matter to the association’s attorney, Bryce Meighan with Orten, Cavanagh, Holmes & Hunt LLC.

At the suggestion of Meighan, the board decided to draft a new covenants document as opposed to revising the existing documents with declarations. Meighan will be commenting on the update and is being paid a flat fee. Owenby said a first draft is expected in a week or two. He said the board will attempt to find a balance between not being overbearing but at the same time providing some semblance of order. The board will host two or three town halls, seeking feedback from association members on the covenants draft.

The board hopes association members will approve the new covenants in September. A vote by 66.7% of the over 700 association members, by proxy or actual vote, is required.

Board approves compensation for committee members

By a vote of 5-0, the board approved a change in the bylaws that will allow association members participating in GCA committees to be compensated. Owenby emphasized that board members will not be compensated. He stated, “We’ve had a Covenants Committee for a number of years with volunteers. The problem with volunteers is they don’t want to stay. They’ll do a month or two, and then they do not want to continue. This arrangement will probably be by a contract that goes through our attorney for the association.”

Though this mainly concerns the Covenants Committee, the compensation will be for any association member participating in a committee. Owenby continued that “committees are very labor intensive, and the number of volunteers needed to participate is non-existent.” He said that for “a working association, some items are going to be farmed out. But the Covenants Committee, in general, is going to stay in-house. In other words, it will be staffed with members of the association, so we’re not going to have a management company doing covenant enforcement.”

Funding for green space maintenance

Owenby initiated a discussion regarding the maintenance of the GCA green space. He said the board is discussing ways to create a sustainable model for future boards and the association. He said volunteer support cannot be guaranteed, and it is estimated that maintenance, such as mowing and trail maintenance, would cost $40,000 annually if done completely by an outside company. He suggested a hybrid model of volunteers and a paid company, when volunteers are not available, would be practical. As the covenants documents are being updated, one proposal to support the green space is increasing the present base assessment amount of $63.15 with an additional $65 specifically for the green space to generate a maintenance operating budget for it. Any increase would need association voter approval. Presently, the board can only increase assessments by 5% annually.

Board member updates

Kouri provided a summary of the association’s financial status. He said, “Financially, we’re in good shape. Keeping in mind that we haven’t started any of the green space projects, the association has $40,000 in the operating account. There are account receivables of over $12,000 that the board is working on collecting.” Kouri said the association is no longer renting a storage unit where a tractor and other items were stored. This is saving $200 a month.

Reporting on the green space, Leimbach said that weather dependent, work is continuing on the previous 14th-hole cart path that starts at the top of the hill by the mirror, goes down toward then crosses Pauma Valley, and then up to the east. “After 50 years, the asphalt on the hill is breaking down badly and needs [to be] built up to improve the drainage away from the path,” Leimbach said.

There is also an issue with water drainage from the Eagle Villa Townhomes through a 12-inch pipe. It is causing a flooding issue in GCA backyards near Silver Rock and Spyglass Streets.

Leimbach said individuals, possibly under 18 years old, riding electric motorcycles in the green space are causing significant damage, up to $1,000 at this time. It was requested that if association members see the riders in the green space to contact the El Paso County Sheriff’s Office (EPCSO) non-emergency line at (719) 390-5555. If possible, provide photos, date and time information. EPCSO is aware of the situation.

Leimbach concluded, “I see a lot of you out walking in the open space, and that’s wonderful. That’s the best thank you that you can give to us for maintaining the beautiful trails.”

Connell said he replaced a signpost at Rangely and Desert Inn with a pressure-treated post. He will continue replacing signposts that have been knocked down and those that are metal, changing them to the wood standard. He said the post cost has risen significantly.

McLemore said the ARC has been going through a backlog of six or seven requests that hadn’t been addressed for several months. There have been painting approvals, a couple of shed requests, and questions about mailbox holders. McLemore, Connell, and Leimbach are the board members of the ARC.

Member comments

An association member asked how long it normally takes to get approval from the ACC. Kouri said 30 days is the stated time frame though McLemore said simple requests can be a week or two. This led to further discussion regarding the covenants, difficulty in finding compliance information, whether any building and landscape criteria will be changed in the new covenants, and communicating with association members about the covenants and related changes through postal mailers. Owenby encouraged association members to provide their email address if they have not done so to receive timely information regarding the covenants change process and related information.

A member asked for additional information regarding the Eagle Village storm water drainage. Eagle Village water from a street catchment drained to two locations when the green space was a golf course. This situation did not affect the golf course since it was more fully vegetated than the green space. Leimbach said the golf course had no drainage system and being downhill, the green space must accept the water. Owners of the affected houses have asked the developer to fix it.

Leimbach said he and others have looked at options like rip-rap rocks but that creates another set of issues such as spraying for noxious weeds that will inevitably grow. The ideal solution would have the water fan out instead of channeling, which creates erosion. He has yet to receive a solution from the developer.

An association member asked about the announced change from Warren Management to Balanced Bookkeeping. Owenby said they are transitioning from Warren Management at the end of April due to a change in strategic direction. He said the board thought Balanced Bookkeeping “would mesh a little bit better on the financial side and we’re not using them for covenant enforcement.” There will also be cost savings with the change, he said.

Another association member asked about a set of policies that the board sent out that seemed to provide the board with “very sweeping financial powers.” The member said the policies appeared to provide the board with the right to make a special assessment at any time for any amount and the right to take out a loan out for any amount at any time without member input or approval. The member said it was “disturbing” to read the policies but said, “I got to believe that is not what you really intended, but that’s what it said.” The board said it will review the policies and report back at the next meeting.

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The next GCA board meeting is scheduled for May 20.

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

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Gleneagle Civic Association, Nov. 14 – City responds to GCA regarding amphitheater noise

By David Futey

During the Nov. 14 Gleneagle Civic Association (GCA) member meeting, there were two discussions regarding resident complaints about noise emitting from the Ford Amphitheater and its effect on GCA community members. During those discussions, GCA members on the Zoom call meeting asked the GCA board to send a letter to the Colorado Springs mayor and City Council requesting that the amphitheater’s noise hardship permit not be renewed. The permit allows the amphitheater to exceed the 50 decibels limit stipulated in city code and Colorado Revised Statue Section 25-12-103. The GCA board said it would meet on Nov. 15 to discuss that request and review the information provided by community members.

On Dec. 9, Warren Management, the GCA’s homeowners association (HOA) management team, and on behalf of the GCA board, sent the following summary and two letters, one from the GCA board to Mayor Yemi Mobolade’s office and the other being the response from the mayor’s office to the GCA board. As alluded to in the mayor’s office’s response, the mayor attended a meeting held at The Classical Academy on Dec. 17 where citizens could voice their opinion regarding the amphitheater and the noise hardship permit. In August, the city and Venu, operator of the amphitheater, announced sound mitigation modifications including increasing the size of the buffer walls.

Emailed to GCA members on Dec. 9

Dear Gleneagle Homeowners,

The Board of Directors of the Gleneagle Civic Association has been actively monitoring the noise levels emanating from the Ford Amphitheater and their potential impact on our community.

We recently sent a letter to the City of Colorado Springs expressing our concerns. We are pleased to share that we have received a response from the Mayor’s Office.

Attached is the letter presented to the Mayor’s Office by the Gleneagle Civic Association and a copy of the email received from the City of Colorado Springs.

We will continue to monitor the situation and advocate on behalf of our community. We will provide further updates as they become available.

Thank you for your continued support and understanding.

Sincerely,

Gleneagle Civic Association

Letter from GCA Board to Mayor Mobolade

November 18, 2024

Dear Mayor Mobolade,

We, the board of directors of the Gleneagle Civic Association (“GCA”), are writing as we understand that you will soon be deciding whether to grant a “Hardship Waiver” for the Ford Amphitheater’s (henceforth “Ford”) next concert season. We respectfully request that you reject a blanket waiver and limit the waiver to the Polaris Apartments to the south of Ford.

The seven-hundred-member GCA is located north of North Gate Boulevard and east of Struthers Road and is within hearing distance of Ford. From what we can gather from news sources and testimony before City Council, it seems that Ford representatives have stated that they are willing to comply with state and city sound limits except to the extent that said limit is less than the ambient noise found in a locality when Ford is not operational, in which case they will not exceed the ambient sound level. The one notable exception is the Polaris Apartments directly to the south of Ford where a waiver is required.

The sound levels experienced by our members from Ford varies and not everyone is impacted or upset about the sound from Ford. However, a large number of our members are experiencing sound in excess of statute limits and/or the ambient noise levels in their neighborhood when Ford is not open. It is for those impacted that we are asking that Ford comply with state and city statutes. Ford founder JW Roth says he can operate within the city regulations and/or the ambient noise levels in a neighborhood.

We are not suggesting that Ford be closed. In fact, Ford is a welcome new asset to the community and will save many a long and unpleasant drive to Denver to experience high-end outdoor concerts.

Thank you for your time and for listening to our concerns.

Regards,

The Board of Directors

Gleneagle Civic Association

Response from Mayor Mobolade’s office

Good morning,

Thank you for reaching out and sharing your thoughts and concerns with our office. Mayor Yemi wants to foster an environment where every voice is heard and where collaboration leads to innovative solutions. He has called upon each and every Colorado Springs resident to join him in building a united Colorado Springs.

I will share your comments and concerns with Mayor Yemi and he will keep them in mind as he continues his work as Mayor. Greater things are yet to come and greater things are still to be done in this city.

Please see below for the letter Mayor Yemi shared regarding the Ford Amphitheater including future noise mitigation plans and a neighborhood meeting with Mayor Yemi.

Mayor Yemi shares letter to the community regarding Ford Amphitheater

COLORADO SPRINGS, Colo. – Today, October 25, Mayor Yemi Mobolade hosted a meeting with Founder, Chairman, and CEO of Venu Holding Corporation (VENU) J.W. Roth and City Council President Randy Helms to discuss the 2024 Ford Amphitheater concert season and ongoing noise mitigation efforts by VENU. In the spirit of continued transparency from both the City and VENU, the presentation is publicly available: 10-25 Presentation.pdf

In addition, the following is a letter to the community from Mayor Yemi regarding today’s meeting and next steps.

This year, our community welcomed a new and innovative outdoor live music venue to the Polaris Pointe neighborhood—Ford Amphitheater. Ahead of its opening, there were three primary community concerns that the new venue, neighbors and the City were watching closely – parking, traffic and noise.

I’m pleased to report that our shared review of parking and traffic has been overwhelmingly positive. Noise, however, remains an area of concern for some in nearby neighborhoods.

Throughout the amphitheater’s 2024 concert season, the City received numerous comments regarding noise. I want these community members to know that the City has been working closely with VENU and J.W. Roth, the amphitheater’s owner, on this issue. I met personally with Mr. Roth over the course of this year, specifically to address noise complaints. Our most recent meeting was today, October 25.

At today’s meeting, VENU presented a recap of its opening season, which by many accounts, was a resounding success. Data shows the amphitheater is having an overall positive impact economically, with more than 100,000 people attending shows and individuals coming from more than 5,000 zip codes. Local businesses, including hotels and restaurants, are also reporting increased sales related to concert activity.

Today, VENU also shared critical and specific plans to further address sound mitigation. I believe their efforts to improve are genuine, and I am pleased by their data-based approach, use of expert consultants and actionable plan.

The plan focuses on three action areas: physical, electro-acoustic and operational changes. It proposes material changes to the structure of the amphitheater that are significant in both physical size and cost to them. This includes an expansion of the solid surface wall, sound curtains and sound absorption panels. They are also continuing to model and test ideal speaker locations to address low frequency noise, and proposals are being reviewed to reduce decibel limits and earlier end times for non-weekend shows.

The presentation VENU gave today can be accessed here: 10-25 Presentation.pdf

We all acknowledge there is a lot of work needed to be done between now and the start of the 2025 concert season this May. VENU will provide a more specific timeline on these steps in the coming weeks.

Also, next week, the City will publish the results of an independent noise study commissioned by City Council President Helms and I to track amphitheater noise from the 2024 season. Further, to ensure neighbors are heard, I am personally committed to a neighborhood meeting before this year ends. More information on that opportunity is forthcoming.

We will continue to work together—the City, VENU and neighbors—to make this a successful endeavor that contributes to our City’s vision to be a safe, economically prosperous, culturally rich, welcoming and vibrant world-class American city on a hill that shines brightly.

We are Colorado Springs.

Onward and upward.

Mayor Yemi

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

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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.

**********

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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