Brighton East Farms Homeowners Association, Inc. Board of

Brighton East Farms Homeowners Association, Inc.
Board of Directors Meeting
April 2, 2015
The regular board meeting of the Brighton East Farms Homeowners Association Board of
Directors was called to order on April 6, 2015at 6:00 p.m. at the Anythink Library located at 327
E. Bridge Street in Brighton.
Attendees Present:
Bob Bates (Board Member); Cherie Lopez (Board Member); Rich Reynolds (Board Member)
Michelle Lee, agent from Harmony Management Group; Louie Blanc, agent from Harmony
Management, and Christopher Young of CYLG, general counsel for the association.
Approximately 60 homeowners were also present.
President’s Roll Call and Call to Order – By C. Lopez at 6:00 p.m. Quorum of the Board was
established with all three Board members in attendance.
Visitors – There were no Board-invited vendors present at the meeting.
Board and Meeting Conduct:
The President asked L. Blanc to present the proper manner in board and member conduct for this
meeting. L. Blanc discussed that this is a Board meeting and relayed the proper method for
making motions, seconding, and the appropriate time for board members and members to discuss
the motion. Because of the size of the audience, the Board will also set a limit of 3 minutes for
each homeowner to provide input into the Board’s decisions and during the Homeowner Forum.
HOA Attorney Addresses Anonymous Notice/Flyer:
Though not an agenda item, this item was added by the Board as the flyer was presented the night
before the meeting, that most in attendance were there because of the flyer, and the Board thought
it important to address it as soon as possible. C. Young addressed a flyer or notice that was put
on resident’s doors last night. C. Young discussed the flyer (and noted that it did not come from
the Association, the Managing Agent, nor any Board of Director) and asked if the person (s)
responsible would lay claim. There was no response. Most everyone in the audience had
received the notice.
C. Young went line by line through the flyer and addressed each point clarifying the correct
information and the mis-information on each point. Several questions were asked by the Board
and membership related to the flyer and its points.
Committee Reports –
- There were no committee reports.
Homeowners Forum
- Several homeowners commented on the flyer and the topic of a petition. The petition is
addressing that the multi-family homes are a part of the Master Association and should be
able to vote. C. Young addressed that his findings were that the Multi-family has never
had a vote since the start of the Association, included handouts from the Master
Association governing documents, and that it does not appear that the governing
documents call for votes from the Multi-family. He noted that this is a fairly new issue
that the Board has directed him to explore and that there is more research that will need
to occur on the topic. Information from CCIOA (Colorado Common Interest Owners
Act), was provided to the Board and membership and reviewed concerning meetings,
notice, and Executive sessions.
Several comments were made concerning the prior Board of Directors and decisions they
made. Some topics from the Annual meeting were revisited and discussed. Questions
were asked regarding “who is managing the HOA now” and the answer was provided that
Harmony Management Group is managing the HOA on a month to month basis currently.
Comments from homeowners included enlarging the Board from 3 members to more.
Explained by C. Young that it is not as simple as deciding to enlarge. Under the Bylaws
as currently drafted, the members need to vote on enlarging the Board. Lots of
discussion and questions from the Board, membership, and management concerning this
topic. L. Blanc discussed the HOA governing documents related to this topic and noted
that based on the amendment, the HOA could set a minimum and a maximum range for
the number of board members with certain specifics.
Hearings – None
Financials – No financial statements were reviewed.
Old Business - None
New Business
- Petition sent to HOA Attorney
- Ratification of Valley Crest landscaping contract.
- Management contract with Harmony Management. The Associations contract with
Harmony Management has expired.
- Management contract with Mr. Wolfersberger.
- Expansion of the BEFHOA Board to five members.
The management company was directed by the Board to gain the written approval from a
homeowner for one non-member to be in attendance at the meeting; this was not provided by the
non-member. Per CCIOA, a written document is needed from a unit owner designating another
person to be the unit owner’s representative at a meeting. The non-owner was asked to leave the
meeting and did so.
Motion to Adjourn General Session for Executive Session – 6:35 p.m.
Executive Session Began – 6:37 p.m.
- Management Contract Termination Discussion
General Session Reconvened – 7:05 P.M.
Motions to Rise from Executive Session
Item: The Motion was made to amend the Brighton East Farms Home Owners Association ByLaws to include voting rights for the members of the Multi-family and to expand the Board to
five members. The motion was seconded. After discussion and member comments, a disapproval
of the motion was unanimous. The motion was restated after consideration and discussion.
Gain Second Unassociated Legal Opinion if Multi-family is Able to Vote on Master Association
Matters (related to petition)- Motion to engage an outside attorney to review the documents
pertaining to the Multi-family being able to vote on Master Association matters was made by C.
Lopez, seconded by R. Reynolds, and passed unanimously. Owners were able to comment to the
Board before decision.
Management Company Request for Proposal (RFP) - Motion to create an RFP to solicit bids for
HOA Management companies to be completed in sixty (60) days – Motion by R. Reynolds,
Seconded by C. Lopez. The motion passed with majority of Board Members approving the
motion. Owners were able to comment to the Board before decision.
Increasing the Board of Director Size to Larger than Three (3) – Motion to research and explore
the needed amendments in order to increase the size of the Board from the current three (3)
members to a larger range (five to seven) was made by R. Reynolds, seconded by C. Lopez, and
passed unanimously. Owners were able to comment to the Board before decision.
Ratification of Valley Crest Landscaping Contract – After much discussion on the bidding
process, the contract itself, and the satisfaction of those members in attendance; a motion was
made by B. Bates to table the decision until further information can be gained and other proposals
can be looked at. The motion was seconded by R. Reynolds and the motion passed unanimously.
Owners were able to comment to the Board before decision.
Due to time constrains and a Board member needing to leave the meeting, a motion to table the
rest of the meeting items until the next Board meeting was made by C. Lopez, seconded by R.
Reynolds, and passed unanimously.
Prior Meeting Minutes – 2.19.15 Meeting Minutes. Bob Bates disagrees with the section that
references his request to Harmony for a 1-year contract with extensions. It is his contention that
he did not make this statement and he would like the meeting minutes revised. Upon discussion
the board agreed to table the approval of the meeting minutes until there can be further review
and discussion.
Meeting Adjourned 8:14 p.m.
Next Meeting: TBD