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OCN > 2504 > Gleneagle Civic Association, March 19 – Covenants undergoing updates

Gleneagle Civic Association, March 19 – Covenants undergoing updates


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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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