DRAFT Villa Sierra Condominium Association August 15, 2017 Board Meeting 3:00 pm, Colorado Springs Utilities Building 2855 Mesa Road

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DRAFT Villa Sierra Condominium Association August 15, 2017 Board Meeting 3:00 pm, Colorado Springs Utilities Building 2855 Mesa Road BOARD MEMBERS PRESENT: Barbara Graham, Leslie Manning, Dick Williamson,
DRAFT Villa Sierra Condominium Association August 15, 2017 Board Meeting 3:00 pm, Colorado Springs Utilities Building 2855 Mesa Road BOARD MEMBERS PRESENT: Barbara Graham, Leslie Manning, Dick Williamson, David Jones, and Paul Schoell. MANAGING AGENT: Cylinda Walker of BSR Communities. HOMEOWNERS: 13 homeowners attended the meeting. 1) WELCOME, CALL TO ORDER AND ROLL CALL Vice President Graham opened the meeting at 3:00 pm. The attendance of five Board Members indicated a quorum was present. The Agenda was approved as amended. 2) HOMEOWNER S FORUM A) Bike race on Aug 10: A number of owners expressed concern regarding the access to and egress from Villa Sierra during the race. Those who left the complex early couldn t return mid-day or later. Others were unable to leave Villa Sierra in direct contradiction to the presentation last month by Mr. Moser one of the race planers. Some enjoyed the race. One person suggested notifying the city or race planers that closing only have the road for racers might minimize the disruption. Some residents appreciated being informed in advance about the race. B) Other comments: A resident asked about getting a Dish. Another resident requested that the chain-link fence on Fontmore be replaced with a nicer looking fence like the one around the Oasis Apartments. Another owner mentioned the continuing problem with roaming cats. Cylinda with BRS suggested that owners contact her with roaming cat information and BSR will notify the cat owner of violation of rules. 3) VICE PRESIDENT S REPORT - Barbara Graham introduced the charge for the AD HOC Address Signage Committee. BOARD MOTION: It was moved and seconded that the Board approve the charge for the AD HOC Address Signage and Location Committee. The motion passed unanimously and the charge is attached. 4) SECRETARY S REPORT A) Results of the owner ballot on the Governing Documents: In the July 2017 owners ballot for the new governing documents, 68% approved the Amended and Restated Declaration, 71% approved the Amended and Restated Articles and 70% approved the Amended and Restated Bylaws. A quorum of nearly 75% of all owners voted (and more than 90% of those voting approved the documents). B) Finding the new documents: August 4, 2017, the Amended and Restated Articles of Incorporation and the Bylaws were recorded. The new documents are now located under governing documents on the VSCA web site. C) Resident Information Form: Over 155 forms have been returned. At the end of the week a third reminder letter will go to the remaining 43 residents. 5) TREASURER S REPORT Paul Schoell indicated the spending in the four operating accounts was under budget. submitting the paper work for FHA approval in September. He will be preparing and 6) MEMBER AT LARGE REPORT David Jones had no report. 7) APPROVAL OF MINUTES FROM JULY 18, Amendment: Add the following to the Treasure s report BSR does not agree with the VSCA s current process of reserve saving and spending that goes against standard reserve study spending. BSR suggested other means of obtaining the same goal. BSR also recommends that VSCA obtain a reserve study for its due diligence to the association. BOARD MOTION: It was moved and seconded that the minutes for July 18, 2017 be approved as amended. The motion passed unanimously. 8) RESULTS OF BOARD VOTES WITHOUT A MEETING SINCE JULY 18, 2017 MEETING. A) July 25, :00 pm Board Voted as Architectural Control Committee. A C C MOTION: Dick Williamson moved and Leslie Manning seconded that the VSCA Board voting in its role as ACC allows 1082C to replace the 32 door to the storage area with a 36 door and allows 950A to implement the request for replacing windows. The motion passed unanimously. B) August 4, :00 pm Board Voted as Architectural Control Committee. A C C MOTION: Dick Williamson moved and Leslie Manning seconded that the ACC approve the reimbursement of $50 to each of the units (1122B, 1122D, 1118A and 1118C) for major repair of cracks in the entry ways of those units provided that the owners agree to the following: 1. That the painting/carpeting of the entry ways will make future maintenance of the entry way floors the responsibility of the current owner's and future owners' 2. The current owners will agree to sign an agreement acknowledging the agreement of this responsibility and 3. A copy of the agreement will be filed with the Unit's Maintenance File and recorded with the El Paso County Clerk's Office. The motion passed. C) August 9, 2017 Board Voted on Rules and Regulations 2.0 change. BOARD MOTION: David Jones moved and Dick Williamson seconded that the Board approve the amended VSCA Rules and Regulations 2.0 Leased Unit per the attached document. The motion passed unanimously and the new rules are attached. 9) DIRECTOR OF MAINTENANCE REPORT A) Dick Williamson explained that the swimming pool was closed for over a week because babies without proper diapers defecated in the pool. B) Trash Dumpster: Maintenance continues to have problems with trash being dumped in or around the dumpsters. The dumpster is for maintenance use only. The cost of an extra pick up is on the order of $ C) Patios-Decks: Patios on units 930B and 934A have been rebuilt. Maintenance will finish them out with privacy fencing and wrap the decks with concrete board to prevent dry rot. Maintenance is in the process of removing wood rot from the deck of 902C, replacing deck joists and capping off the ends and installing 4X4 rail supports. D) Skunks and Raccoons: Patio construction has displaced wildlife and Maintenance will set traps and remove them from the complex. E) Water Leaks: The scupper at unit 1074C is fixed. The widow leaks at units 918A and 910A are fixed. F) Weather Delays: All the roofs to be replaced are stocked and ready to go when the weather dries out. The rebuild of the deck at unit 1130D has also suffered from weather delays. G) Back flow testing: Back flow testing is due Sept. 7, the contractor has scheduled completion by September 18. The annual fire hydrant flow testing will be completed after the back flow is completed. 2 H) Jerry on leave: Jerry is scheduled for knee surgery on Sept. 19. He may be out as much as six weeks. While he is out, the two full time helpers will be retained and the part time grass mower will be retained until the mowing season is over. I) Drones: After attending a seminar last week on drones, it is clear we need remove and replace the drone resolution. BOARD MOTION: It was moved and seconded that the statement flying of drones, remote piloted vehicles (RPVs) or wire controlled model aircraft that was approved in July 2017 be deleted from the Rules and Regulations Section 3.1 Nuisances. The motion was approved. BOARD MOTION: It was moved and seconded that the Board approve that the following be added to the Rules and Regulations Section 3.2 as n. n. Operating unmanned aircraft systems (UAS), sometimes called drones of model aircraft, is prohibited in the Villa Sierra community. The only exception is a commercial operation, by a licensed and insured drone pilot, with the express consent of the Board. The Board s consent will include such parameters of operation as purpose, time of day, weather restrictions, flight restrictions, landing/takeoff restrictions, and other as the Board deems necessary. The motion was approved. J) Deck railing Request to ACC: A C C MOTION: It was moved and seconded that the Architectural Control Committee approve the request by the owner of Unit 1050 D to replace the wood deck railing with a maintenance free black steel railing topped with a 2X6 composite material hand rail. The motion failed with a vote of 2 in favor, 2 opposed and 1 abstention. 9) BSR MANAGEMENT REPORT: A) Accounts: Cylinda Walker reported that VSCA has some accounts that exceed the FDIC insurance limit and suggest that the Board consider moving some of the funds into ICS accounts or CDARS accounts (laddered CD s). B) Lease Cap: Cylinda requested guidance on what BSR should tell Realtors for prospective buyers about the lease cap. The number of grandfathered units is at or over the 15% cap. All VSCA owners are required to disclose the rental cap to prospective buyers and their Realtors. The Rules and Regulations 2.0 Leased Unit approved by the Board on August 9, 2017 explains the owner s process should they wish to rent/leave their unit. C) Vacation: Cylinda will be on vacation and unreachable during the first week of September. Dana will be her backup should we need assistance. 10) COMMITTEE REPORTS A) Address Signage Review Committee - Suzanne Kemp reported that the committee has met twice since the July Board meeting. They have been investigating methods and strategies to improve address signage and wayfinding. They had an excellent presentation from a sign company representative and have contacted CSPD about signage and safety. They have had a discussion with VSCA Security as well. Suggestions to date include consistent number/lettering placement, numbers/letter should be 5, reflective material is desirable. A site map posted at the entrance has been suggested and possible maps were distributed. B) Financial Committee: Paul indicated the committee had met three times and looked at financial issues as well as the 2018 budget. The committee directed the transfer of $100,000 to reserve from the operating account and the owner reserve account. The committee also determined that a third party reserve study was needed and bids were reviewed from two companies. The committee recommends that the Board contract with Association Reserves for the study. BOARD MOTION: It was moved and seconded that VSCA contract with Association Reserves for a Full (with site visit) reserve study costing $3,680 to be completed in 8 weeks and that the Board designates Dick Williamson to sign the agreement and serve as the VSCA contact with Association Reserves. The motion passed unanimously. 3 During the 2018 budget discussions, the committee, with DOS concurrence, resolved to provide internet access to our security function. To keep the cost budget neutral the TV availability will be changed from Direct TV to on air TV which is free. This change will take place at the end of August. ACTION ITEM: A draft of the proposed 2018 budget will be submitted to the Board members for their approval at the September 19 meeting. ACTION ITEM: The Committee will look into ICS accounts and CDARS accounts as suggested by BSR and bring a recommendation to the September 19 meeting. C) Nominating Committee The committee is still in need of members and there is no report at this time. Volunteers should contact Chris McGarry. 11) UNFINISHED BUSINESS A) Workman s Compensation Requirements: Barbara Graham indicated that the 2017 VSCA - BSR contract section 19.1 requires that the VSCA Board contract only with vendors that carry and maintain all appropriate insurance including, but not limited to, general liability with a minimum of $1M in coverage and Workman s Compensation. One exception to this requirement has been mutually agreed on by both BSR and VSCA. Cylinda indicated that if the Association wants vendors who don t have workman s compensation then BSR will need to have a waiver signed by the VSCA President and notarized. Paul Schoell indicated that VSCA should not hire a new contractor that doesn t carry and maintain appropriate insurance. 12) NEW BUSINESS ACTION ITEM: David Jones requested that chimney sweeping be added to the September meeting agenda. 13) Adjournment The meeting was adjourned at 4:45. 14) Next Board Meeting The next meeting will be Tuesday, September 19, 2017 at 3:00 pm to 4:55 pm, at the Colorado Springs Utilities Building. Barbara Graham, Vice President August 18, 2017 Date Leslie Manning, Secretary August 18, 2017 Date 4 Charge for the VSCA AD HOC Address Signage and Location Committee The chair of the committee will be appointed by the Board. Membership is to be comprised of residents from the three phases of Villa Sierra. This committee is to evaluate the address signage as it currently exists. The committee can then research alternative, more effective models that would better serve our community. The end result will facilitate access to residents units for deliveries, guests, emergency services, etc. 1. Become familiar with all entrances and paths leading to doorways of all units not just the garage and carport demarcations. 2. Note and photograph a sample of the variety or lack of signage as it currently exists. 3. Visit other facilities (offsite or via website) for comparison and possible options. 4. Consult with emergency service providers for input as to their experience as to what works. 5. Review with Security Chief Don Mentz, their current procedure to direct quests and emergency personnel to units. 6. Compare samples and methodologies regarding effectiveness, costs, durability, aesthetics, and possible combinations required to achieve the goal. 7. Present our findings and recommendations to the VS Board. APPROVED BY THE VSCA BOARD AUGUST 15, VSCA BOARD APPROVED 8/9/2017 RULES AND REGULATIONS 2.0 LEASED UNIT For the purpose of this section 2.0, lease shall also mean sublease. The owner has the right to lease his/her Unit for private, residential living and sleeping purpose, subject to the following conditions: 2.1 In order to maintain the residential character of the Villa Sierra community, no Unit shall be occupied or leased for transient or hotel purposes and all leases shall not be made for short time periods. In all cases, the minimum initial period for a lease is six (6) months. 2.2 All leases shall be in writing and provide in the terms of the lease that the tenant/occupant shall abide by the terms of the governing documents, as defined in the Villa Sierra Lease Addendum ( Lease Addendum ). Any failure by the tenant/occupant to comply with the governing documents shall be a default under the lease. 2.3 The owner shall provide the tenant/occupant with a copy of the governing documents. 2.4 The Association requires a current Lease Addendum for each non-owner occupied Unit ( leased Unit ) and may require the owner to enforce the conditions of the lease against the tenant/occupant. 2.5 The owner shall conduct a background check of a prospective tenant/occupant and not lease to convicted felons and sexual predators. The owner shall always be responsible for the actions of the tenant/occupant. 2.6 A leased Unit may remain a leased Unit for a temporary vacancy ( holdover period ) between the expiration of one lease until the start of another lease. The holdover period is thirty (30) days, a reasonable period to re-lease a Unit. Any leased Unit vacant or owner occupied for longer than the holdover period shall cease to be a leased Unit. 2.7 The total number of leased Units is capped at fifteen percent (15%) or 30 Units with the following exceptions: a. A leased Unit on the Declaration Recording Date whose owner timely submits a Lease Addendum may remain a leased Unit until no longer occupied by a non-owner beyond the holdover period, sold, or otherwise conveyed. b. The Board may approve up to five percent (5%) or 10 Units at any time as additional leased Units for hardship conditions as provided for in section Lease Addendums are submitted to the Association s managing agent within ten (10) days of lease signing by the owner. Lease Addendums submitted late are subject to a two hundred dollar ($200.00) administrative fee assessed to the owner. The managing agent informs the Board of all leased Units by keeping track of the Lease Addendums. Owners of Units that are non-owner occupied without a current lease Addendum on file with the managing agent are in violation of the governing documents, subject to a one thousand dollar ($1,000.00) fine as specified in the Association s Policies and Procedures, and subject their tenant/occupant to eviction proceedings by the Association. 2.9 Owners considering leasing their Unit, other than for hardship conditions, must contact the managing agent, in advance and in writing, to obtain the current leased Unit percentage and request approval. The request for approval must contain the name of the owner, Unit number, and contact information for the owner and tenant/occupant. The owner s name and Unit number will be put on a leasing list which will contain the date of the request. When the number of leased Units is less than fifteen percent (15%), the managing agent will notify the owner with the earliest request date on the leasing list, in writing, that his/her Unit is approved for leasing. The owner then has thirty (30) days to lease their Unit and submit a Lease Addendum within ten (10) days of the owner s lease signing. If the Unit is not leased within thirty (30) days, approval for leasing the Unit is withdrawn, in 6 writing, by the managing agent and the managing agent will contact the next owner on the leasing list. The owner whose approval to lease their Unit was withdrawn may contact the managing agent to request approval to lease their Unit and will be put back on the leasing list with the current date of their new request Units leased under hardship conditions must be approved by the Board on a case by case basis and may contain certain restrictions, shall not be leased longer than twelve (12) months, and cannot be more than five percent (5%) or 10 Units. A hardship condition may be any extreme unforeseeable life event necessitating the owner-occupied Unit to be leased and is at the discretion of the Board. (Some examples of life events that may be considered are death or major health issues of the owner or immediate family, owner s family issues, imminent foreclosure on Unit, temporary job relocation, etc.) In all cases, a hardship condition request, in writing, is made to the Board and will be acted on by the Board, based on the information submitted with the request, no later than its next scheduled meeting if the request is made at least seven (7) days prior to that Board meeting Any owner of a leased Unit must carry rental property insurance with loss assessment protection and require the tenant/occupant to have renter s insurance similar to a HO-4 policy An owner selling a leased Unit must notify a potential buyer of the fifteen percent (15%) cap on leased Units and the procedure for requesting approval to lease a Unit In the event of a violation of any of the aforementioned conditions, the Association shall have the option to enforce said conditions by either or all of the following methods: a. Notify the owner of any default by the tenant/occupant (and to give the owner the opportunity to cure same within the time specified by the Board). b. The Association may take direct action (before or after notice to the owner) to enforce the conditions, including the right to impose fines (against the tenant/occupant and/or owner). c. The Association may pursue legal action to evict any tenant/occupant in default of these conditions All costs incurred by the Association to enforce these conditions and governing documents (including attorney fees, costs of cure and/or costs of eviction) shall be charged to the owner and/or to the tenant/occupant (pursuant to the governing documents), and may be added to (and enforced as) an assessment and lien against the Unit. 7
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