The Board of Directors met at Bernie’s house, August 4, 2018, 10:00am
In Attendance
Board Members: Bernie Mann, Mike Bandera, Jay Mulholland, Jon Klima, Laurie Bratten. Association Member: Tim Bratten
Opening Remarks: Bernie
Bernie shared some background of PTRIA, the Board of Directors & the Bylaws. He has been here 25 years, and has been President of PTRIA for 18 of those.
There have been two major issues during those years:
1. The “Prescriptive Use” of roads. This came up when Paris Creek Ranch requested use of Hawk Lane as access.
2. CCIOA: Colorado Common Interest Ownership Act, 1992. Because PTRIA was in existence prior to CCIOA we were not required to adopt the provisions of this act. PTRIA chose not to adopt this. Therefore, we are not required to have mandatory dues or covenants & restrictions, and we do not.
See: https://leg.colorado.gov/sites/default/files/ccioa-in-subdivisions-and-condos.pdf
Originally, the bylaws were written up by the developers using a “boiler-plate” type of bylaws. There were revisions in the 90’s, 2009 and 2014, approved by the membership. One of these revisions referred to the prescriptive use of roads. (This applies to Hawk Lane for PCR, and Badger Lane for 31-Mile Ranch.)
Bernie believes the above are the two big issues PTRIA members seem to care about. He also feels that some are concerned about the condition of the roads, but that others don’t care. Everyone has their own opinion about road maintenance and how it should be done.
Jay: D&O Insurance
This insurance covers directors & officers for liability in someone decides to sue anyone on the board. This insurance would cover this possibility. It’s a good thing to have if we don’t have that coverage. Jay will investigate our policy to see whether we are covered.
Other liability & insurance issues were discussed:
Grader Operators: Bernie is pretty sure operators are covered, but Jay will check. Could the grader operators write up their own waiver, stating that PTRIA is not responsible?
Private Driveways: If our grader is used on private driveways, are we covered for damage either to homeowner property or injury to the operator? Would private homeowner’s insurance cover this sort of thing?
There is a waiver for homeowners to sign if our grader is used on their driveways. Mike wants to know if an attorney can look at the waiver to determine whether it will hold up. Mike will pursue that.
Grader: Is the grader itself covered against damage?
What about hiring teenagers to help with the pond cleanup: is insurance necessary? Do we just accept the risk?
The use of the grader on private property:
There was some discussion about this and liabilities involved. Bernie said he would add something in a newsletter stating that until we get confirmation of liability we are unable to grade private driveways.
ANNUAL MEETING AGENDA
Sign-in & Voting Procedures
Jon will check the roster for all members and hand voting cards to members-in-good-standing. Laurie will assist, and confirm members’ contact information.
If votes are taken, members will be reminded to hold up their cards.
Opening Remarks: Bernie
Secretary’s Report: Laurie
Laurie will read a condensed version of the 2017 Annual Meeting Minutes, and request approval. Those who wish to review them in full may go to the website.
Treasurer’s Report & Pond Update: Jon
Cows: Bernie
Bernie wishes to talk about cows on PTRIA lands. There was considerable discussion regarding whether PTRIA should put up fencing, supply materials & labor, etc. Some wonder whether it is within the scope of the bylaws to keep up fences along boundary properties. Sentiments were divided. We agreed that PTRIA is not to spend money on fencing, but that a request for ideas would be appropriate, and if volunteers wish to help private landowners with fencing, they may.
Bernie will ask the membership whether they have any ideas as to what to do about the cows. If any ideas suggest the use of PTRIA funds, a statement will be made that PTRIA cannot offer finances for fencing per the bylaws.
Volunteers
Bernie will ask the membership to sign a list if they are willing to volunteer for various tasks as they arise. (Later we discussed adding a sign-up spot on the website for this.)
Other New Business
Schedule a work day.
OTHER DISCUSSION
Past Meeting Minutes
Minutes for the past 6 years will be kept on the website for members to view.
PTRIA Documents & Record-Keeping
Laurie asked where records are kept, who is responsible, what should be done.
Bernie has files in his basement. Laurie feels these should be in an additional location, just to be safe. Bernie & Laurie will go through these files to locate the most important documents. Laurie will scan them and post them in a password-protected location on the website for safe-keeping.
Rules/Regulations
The bylaws provide for additional rules and regulations to be defined. However, at this point there are none.
Board Meetings
What are Regular/Special Board Meetings? Should regular meetings be scheduled with the Membership invited?
We will schedule two “Regular” meetings: 1st Saturday in May, and the last Saturday in July. These will be posted on the website and listed in newsletters. All members are invited to attend, especially if they have issues of concern they wish to present.
New Property Owners
PTRIA is not informed when properties are sold/bought. Best we can do is go to county records. They will receive the annual newsletter in May based on these addresses.
Members-In-Good-Standing
When are dues due? Nothing in the bylaws indicates when to determine whether a member is in “good-standing”. This applies mostly to voting and fishing in the ponds. Bernie will add a note to the annual dues statement indicating that dues must be paid in order to have voting privileges.
Fishing is for members/guests only. This is not really enforced—no way to do that.
Bylaws
There was discussion as to how PTRIA funds may be used. What defines “common elements” and “common interest”. Does “responsibility” for common interests include the spending of money on things that are not directly related to the common elements?
Laurie feels that the bylaws are vague, some portions are not written well. They need to be revised. This will be done prior to the 2019 Annual Meeting, so they can be approved by the Membership at that time. We will plan to go over these at the May 2019 Regular Board Meeting. Membership will be invited to participate or offer recommendations.
Pond Clean-Up
The next pond clean-up date will be Wednesday, 8/8, 9:30 am.
SPCFPD
Did the vote go through to include all properties, or do we still need to request inclusion? Bernie will ask Eugene.
12:30 pm: Laurie moves to adjourn. Mike seconds. Everyone agrees.
ACTION ITEMS:
Jay:
Check insurance for coverage for D&O, grader operator, the grader, using the grader on private property, paying for general labor ( who are not official contractors), etc.
Mike:
Ask attorneys if the waiver for grading homeowner properties is adequate.
Jon:
Facilitate sign-in and hand out voting cards.
Add better location for bylaws on website; add past minutes to website
Laurie:
Assist Jon with sign-in and confirm contact information at the Annual Meeting
Get together with Bernie to select important documents to be scanned and stored on website
Send Jon the .pdf’s of past meeting minutes or help get them onto the website.
Bernie:
Add to a newsletter a statement that until we get confirmation of liability we are unable to grade private driveways.
Add a note to the annual dues payment slip indicating that dues must be paid in order to have voting privileges.
Get & maintain a volunteer list. (May be done on the website.)
Call Seth Taylor to arrange for training on the grader.
Work with Laurie to select important documents to be scanned for safe-keeping.
Prior to Annual Meeting:
Call Eugene to reserve fire station for meeting; ask about property inclusion. Order chicken for meeting; arrange for delivery. Get fire station area mowed for parking. Put up notices for meeting. Diane to get beverages, bring paper products.
Minutes submitted by Laurie Bratten and approved by the Board through email correspondence.