Minutes

of the

NEPCO HOA General Membership Meeting

September 13, 2008

The bimonthly NEPCO general membership meeting was held Saturday, 13 September 2008, at the Family of Christ Lutheran Church on Baptist Road from 10:00 AM to 11:55 AM.

Attendance: The following homeowner association’s representatives from NEPCO members were present:

Arrowwood Improvement Association, Rondi Stratton

Bent Tree Homeowners Association, John Heiser

Donala Club Villa HOA, Joe Gray and Walter Paul

Eagle Villas Owners Association, Alice Sweatman, Doug Jenkins, and Warren & Noria Gerig

Gleneagle Civic Association, Bill Bristol and Bob Swedenburg

High Meadow at Fox Run HOA, Louise Link and Carol Pfeffer

Kings Deer Homeowners Association, Allen Alchian

Nichlas Homeowners Association, Mike Thompson

Paradise Villas, Glenn Scott and Ray & Carolyn Hazlip

Ridge at Fox Run Homeowners Association, Dave Patton

Summer Glen Estates, Peter Pasquale and Ralph Nussbaum

Sun Hills Association, Ginny Markl

Woodmoor Improvement Association, Hans Post and Jim Wilson

Also attending was Dave Highland from Back-O-The-Woods HOA.

NEPCO Board members present were Walter Paul (President), Ginny Markl (Vice President), Bob Swedenburg (Secretary), and Dave Patton (Facilitator). Treasurer Kim Scherschligt had to resign recently due to her moving out of state. A quorum was present.

NEPCO’s guest was Lenard Rioth, famed HOA attorney of the law firm Anderson, Dude & Lebel that is an Allied Professional member of NEPCO.

Opening: Walter Paul, President, opened the NEPCO meeting at 10:00 AM. Walter welcomed all attendees and our guest speaker, Lenard Rioth. Walter introduced the NEPCO Board members, and then asked each representative and guest attending to introduce themselves and the HOA they represent.

Secretary Report:

Minutes Approval: Bob Swedenburg, Secretary, asked for a motion to approve the minutes of the 12 July 2008 NEPCO meeting. There were no changes recommended, a motion was made and seconded, and the minutes were approved. Walter will post the approved minutes on the NEPCO web site. All meeting minutes are on the NEPCO website at www.nepco.org.

Membership Status: Bob introduced Glenn Scott, the NEPCO representative for Paradise Villas HOA, and welcomed his HOA to NEPCO. Bob also introduced Rondi Stratton of the Arrowwood Improvement Association that intends on joining NEPCO. Bob stated that NEPCO now consists of 26 HOAs which has 6493 homes or lots in northern El Paso county.

Registration and Invoices: Bob mentioned that registration forms and dues invoices for the NEPCO fiscal year Oct 2008 to Oct 2009 will be emailed or mailed to the HOAs soon.

Treasurer Report:

Financial Status: Walter Paul has assumed the duty of Treasurer since Kim Scherschligt, previous Treasurer, had to resign her post as she has moved to Michigan. Walter provided a summary of financial transactions since the last NEPCO meeting. He stated that all financial transactions are maintained by the Treasurer, and this information is available to any NEPCO member requesting it. He reported the current balance is $2176.52.

Program Facilitator Report: Dave Patton reminded everyone that Commissioner Wayne Williams will speak on county issues at the next NEPCO meeting to be held 11 October 2008.

Land Use Committee Report: Ginny Markl, NEPCO Land Use Committee Chair, provided a summary of recent reviews and comments by the Land Use Committee on county and Monument development plans.

- Gleneagle Golf Course Driving Range Townhomes: NEPCO provided written comments on this plan, along with many others, some time ago. The townhome plan for the Gleneagle Golf Course driving range is apparently on hold at this time. There are 23 pages of comments that have been provided to the developer, and he must respond to all of them. Doug Jenkins of the Eagle Villas Owners Association reported that their new coalition (Gleneagle Residents Environmental Advocacy Team – GREAT) has developed a briefing in opposition to the plan to be presented to the Planning Commission at some future date.

- East of King Soopers on Baptist Road: NEPCO just received the plan for comment for the commercial site east of King Soopers on Baptist Road. The NEPCO LUC has not yet reviewed the plan.

- Hwy 105 Medical Offices: NEPCO has received plans for a medical office building on a strip mall on Hwy 105. NEPCO Land Use Committee has yet to review this.

- Academy Charter School: John Heiser reported that the county has now sent the plans for review on the Academy Charter School in Monument. Ginny stated that NEPCO has not received these plans.

Guest Speaker – Lenard Rioth on HOA Legal Issues:

Walter introduced our guest speaker, Lenard Rioth who was asked to speak on legal issues affecting HOAs. Walter read a biographical sketch of Lenard, and noted that his law firm, Anderson, Dude & Lebel, represents more than one hundred homeowners associations in the Colorado Springs area. Lenard graduated from Wasson High School, the University of Denver and Harvard Law School. He studied labor law under a Fulbright Scholarship in New Zealand, and taught in a law school in Melbourne, Australia. For almost thirty years, Lenard has practiced real estate and homeowners association law in Colorado Springs. He co-authored a nationally published book on condominium financing. He is a past president and founding member of the local chapter of the Community Associations Institute, an educational group representing homeowners associations and professionals related to that industry. Lenard has lectured frequently on various real estate topics, primarily condominium and homeowners associations. He is a recognized expert on the Colorado Common Interest Ownership Act (CCIOA), the state law that governs HOAs.

Lenard began by congratulating NEPCO on the work the organization has done since its founding 8 years ago. He then passed out a paper entitled “HOA Legal Update” that contained an outline of his presentation. The paper provides key points to be understood by all HOA board members. The paper will be put on the NEPCO web site for future use. Lenard discussed each of the points in the paper and provided anecdotes to emphasize certain areas. The outline of topics he discussed is the following:

§ HOA Legal Documents

o Declaration of Covenants

o Articles of Incorporation

o Bylaws

o Rules

§ Covenant Enforcement

o Communication

o Consistency and Compliance

o Courts

§ HOA Statues

o Colorado Revised Nonprofit Corporation Act

o Colorado Common Interest Ownership Act (CCIOA)

o Statutory Overrides of Covenants

§ New Requirements (2008) Regarding Fines

o Existing Law

o New Law

Following his presentation, Lenard addressed numerous questions from the NEPCO audience.

After entertaining many questions, Walter thanked Lenard for his time and expertise. The audience provided a wonderful round of applause for the highly educational presentation provided by Lenard Rioth.

Old Business: No old business was presented.

New Business: No new business was presented.

Closing: Walter thanked the HOA representatives for their attendance and participation. Walter again thanked Lenard Rioth for describing and discussing legal issues of interest to all HOAs in northern El Paso County. Walter called for a motion to adjourn. The motion was made, a second was provided, and a vote to adjourn was received at 11:55 am.

Next NEPCO Meeting: The next NEPCO General Membership meeting will be Saturday, October 11th, 2008, from 10:00 AM to noon, at the Family of Christ Lutheran Church on Baptist Road. This meeting will focus on county issues and our guest speaker will be our own County Commissioner, Wayne Williams. The Secretary will send an announcement to all NEPCO members prior to the meeting.

//approved//

Bob Swedenburg Walter Paul

Secretary, NEPCO President, NEPCO