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HomeMy WebLinkAboutLodges At Timber Creek Unplatted Association Trash Enclosure Disputeff M941� 1 attorneys and counselors at law A PROFESSIONAL CORPORATION W. DAVID RIDDLE August 24, 2012 ATTORNEY DIRECT: (970) 949 -4200 FACSIMILE: (970) 797 -1895 EMAIL: DaNiddVai1Va11evLaw.net Via: US Certified Mail (Return Receipt Requested) & Email (ptarmmgt @vail.net; waampbell @vail.gov; lars @bpsalesinc.com) To: Lodges at Timber Creek HOA c/o Lars Walberg, President 2893 Timber Creek Drive, Unit D -23 Vail, CO 81657 Ptarmigan Management Attn: Tom Saalfeld 62 East Meadow Drive Vail, CO 81657 Town of Vail Attn: Warren Campbell 75 South Frontage Road Vail, CO 81657 Re: Opposition to Location and Enclosure of Garbage Dumpster To Whom It May Concern: Please be advised that this law firm has been engaged by Robert and Virginia Burns with regard to the above - referenced matter. The purpose of this correspondence is to provide you with formal notice of our clients' opposition to any proposed enclosure, and more importantly, the current location of the garbage dumpster and recycle bins (collectively "the dumpster") located at the Lodges at Timber Creek. As you are aware, the dumpster has had frequent bouts with bears and other wildlife. In addition to the unsightly nature of the dumpsters, this wildlife interaction has prompted an inquiry into the possible concealment or enclosure of the dumpster in its current location. While the Burns' are not necessarily opposed to possibly concealing the dumpster, they are opposed to its current location. ■ 111 11111 )Nl'.: (970) 949 -4200 • Lmendd Building. Suite C-109 • 175 Main Street_ kn erwalk • t dwards. Colorado 81032 ■ f' Stovall Associates, PC 08/24/2012 Opposition to Dumpster (Burns) Page 2 of 2 The dumpster's current location poses a nuisance and infringes on the Burns' parking right. Paragraph 6.5 of the Policy, Procedure, Rules and Regulations for the Lodges at Timber Creek provides that Owners are limited to two (2) automobiles with at least one required to regularly park within the garage of the respective Unit and the second may be parked in the garage or on the apron directly in front of the respective unit. The Burns' unit is equipped with a one -car garage. Thus, when the Burns park their second car in the apron in front of their unit, as is their absolute right, the dumpster is effectively blocked. This causes an inconvenience to Vail Honeywagon, the Burns, as well as other unit owners as the garbage truck cannot access the dumpster. Ingress and egress to the dumpster is further complicated if the adjacent property owner (Unit D -21) exercises his/her absolute right to park on the apron in front of their respective unit. In this scenario, access to the dumpster is entirely blocked. Additionally, the balcony overhang from adjacent Unit D -21 significantly restricts access. In addition to this parking nuisance, the location of the dumpster also causes noise nuisance issues. The placement of refuse in the dumpster and Vail Honeywagon's ultimate removal of such refuse creates a noise nuisance that is unacceptable given the close proximity to two of the Burns' bedroom windows. This is in violation of Paragraph 6.3 of the Rules and Regulations. Once again, the Burns are in opposition to the current location of the dumpster and any and all structures or enclosures that would be erected to conceal the dumpster's current location. As an alternative, the Burns would like to propose that the dumpster be relocated to the guest parking area adjacent to the mailboxes. This location does not pose an ingress and egress concern and a possible enclosure might be more welcomed in this area. The Burns thank you in advance for your time and consideration of this matter. As any proposed enclosure of the existing dumpster will necessarily require Town of Vail Design Review Board approval, we hereby request that a copy of any submission or application to the Town of Vail also be provided to this law firm. Please direct any and all correspondence in this matter to Stovall Associates, P.C. directly. Very truly yours, STOVALL SOCIATES, P.C. W. patid Riddle, Esq. WDR: Client ■ FEUPHONL: (970') 949 -4200 • Emerald Building, Suite 0-109 • 175 Main Street. Rivemalk • Ed"ards. Colorado 81632 ■ ff fflea� 1 attorneys and counselors at law A PROFESSIONAL CORPORATION W. DAVID RIDDLE October 11, 2012 ATTORNEY DIRECT: (970) 949 -4200 FACSIMILE: (970) 797 -1895 EMAIL: Davidi�'NadValleyLaw.net Via: US Certified Mail (Return Receipt Requested) & Email (ptarmmgt @vail.net; waampbell @vail.gov; lars @bpsalesinc.com) To: Lodges at Timber Creek HOA c/o Lars Walberg, President 2893 Timber Creek Drive, Unit D -23 Vail, CO 81657 Ptarmigan Management Attn: Tom Saalfeld 62 East Meadow Drive Vail, CO 81657 Town of Vail Attn: Warren Campbell 75 South Frontage Road Vail, CO 81657 Re: Response to HOA's Letter of September 21, 2012 To Whom It May Concern: As you are aware this law firm represents Robert and Virginia Burns. We are in receipt of the Lodges at Timber Creek HOA's correspondence dated September 21St, 2012 and have reviewed same. The purpose of this correspondence is to respond to the baseless and poorly researched commentary set forth therein and to demand that the location and enclosure of the garbage dumpster be revisited with this matter to be duly noticed and re- agendaed for a proper vote, with appropriate Minutes detailing the specifics of the discussion, if any, by HOA members. The HOA's letter of September 21St, repeatedly suggests that the Burns' were merely passive members of the HOA. Further, the letter seems to imply that the Burns' were unaware of the discussions involving the dumpster and that they were not involved with the HOA because ■ TF11-1E10NE: (970) 949 -1200 • Emerald Building. Suite C -109 • 175 Main Street. Rnernalk - FidtcarR Colorado 81632 ■ Stovall Associates, PC 10/11/2012 Opposition to Dumpster II (Burns) Page 2 of 3 they were not physically present at recent meetings. This is simply untrue and reflects a limited understanding by the author or participants in the original drafting of the September 21" letter. As you may be aware, the Lodges at Timber Creek is the Burns' secondary residence with their primary residence being in New Jersey. That being said, the Burns' have consistently kept themselves apprised of the HOA's dealings, have attended meetings when possible and executed proxies when they were unable to attend the annual meetings. Any suggestion that the Burns' are uninformed on this topic is disingenuous and unnecessarily provocative In this regard, the Burns' executed a proxy for the 2012 annual meeting based on prior discussions with HOA's President, Lars Walberg. During these prior discussions, Mr. Walberg indicated that the Board was to discuss or explore either (1) moving the dumpster to the neighboring HOA site and share in the costs of same, or (2) moving the dumpster closer to the front of the Lodges at Timber Creek property and into the guest parking area. The Burns' would not have provided their proxy had they been informed that the 2012 meeting would have an uninformed vote to enclose the dumpster in its current location. It should be noted that without the Burns' proxy, no quorum would have been achieved at the 2012 annual meeting. The HOA's position regarding the doctrine of laches is of no moment in the present situation and without any legal merit. The resolution to enclose the dumpster was only recently `passed' and any complaint from the Burns was made forthwith after the passing of said resolution. The Burns' had mistakenly relied on Mr. Walberg's statements. Further the Burns justifiably relied on the dumpster enclosure at its present location being a fully -vetted issue that was dispelled in 2007 because "it was not possible to build one because of limited space and snowplowing issues." (See 2007 Minutes, "Old Business" enclosed herewith). The HOA's letter of September 21St, also incorrectly stated that the placement of the dumpster and enclosure in the guest parking area would lead to a violation of the TOV's minimum parking requirement and impede TOV Fire Department access. This statement is baseless and false and the Burns' are confident this can be legally challenged. As confirmed by the TOV, the Lodges at Timber Creek could eliminate some of the existing guest parking spaces to accommodate a new dumpster enclosure and such removal of parking spaces would not violate the TOV minimum parking requirements or create access issues. Accordingly, the Burns would again like to propose that the dumpster be relocated to the guest parking area adjacent to the mailboxes. This location does not pose ingress and egress concerns and a possible enclosure might be more welcomed in this area. The Burns are hereby demanding that this issue be properly agendaed and noticed for the subsequent annual meeting and /or a special meeting wherein a quorum and a proper vote could be held and detailed Minutes recorded The Burns' would also like to reiterate and reemphasize that the dumpster's current location poses a nuisance and infringes on the Burns' absolute parking right. Ingress and egress to the dumpster is further complicated if the adjacent property owner (Unit D -21), or successor, exercises his/her absolute right to park on the adjacent apron in front of their respective unit. In this scenario, waste hauler access to the dumpster is entirely blocked. Any potential enclosure of TH C1`1TONE: (970) 94" -4200 • rinerald Building, Suite( -j09. 175 Main Street, Rnery a1k • I'dwards, Cul-ra& 51632 1 Stovall Associates, PC 10/11/2012 Opposition to Dumpster 11 (Bums) Page 3 of 3 the dumpster would also presumably require sliding or swinging doors that would only exacerbate the present issue, especially during winter snow accumulation and removal Further, once an enclosure is in -place at the current location, garbage spills and pest infestation internal to the structure will occur that would require the HOA to assume responsibility for daily cleaning and maintenance. We hereby extend our previous request that the Lodges at Timber Creek relocate and enclose the dumpster toward the front of the development in the current guest parking area. In addition, please forward a copy of any submission or application to the Town of Vail to this law firm as well as any proposed drawings and/or budget for the enclosure. Additionally, please provide the contact information for the HOA's counsel. Thank you. Please direct any and all correspondence in this matter to Stovall Associates, P.C. directly. Very truly yours, STOV.QLL AVWCIATES, P.C. W.['Davif Riddle, Esq. WDR: Client Enclosure (2007 Meeting Minutes)(emphasis added) IFI.FPIIO:vL: (970) 949 -4200 • Fmerald Building, Suite C -t09. 175 Main Street, Rig erw ;ilk • Fdwards, Colorado 81632 The Lodges at Timber Creek PO Box 832 Vail, Colorado 81658 MINUTES OF THE 2007 ANNUAL MEETING Don DeLaria called the Annual Meeting of The Lodges at Timber Creek to order at 4 P.M. on January 22, 2007. Owners present: Linda and Don De Laria, Unit C -16 Chuck Ogilby, Units C 19, D -24, D26 Cynthia Kruse, Unit D -23 Mary Ann Smego, Unit C -13 Brooke Ferris, Unit C -22 Andrew Lawrence, Unit C -18. Also present was manager Tom Saalfeld. The De Laria's held the proxy of Units C -11, C -14, C -17 and/6 Chuck Ogilby held Stan Cole's proxy for Units D -21 and D -25. A quorum was confirmed! Cynthia Kruse motioned to accept the annual meeting minutes as presented. Linda seconded, passed unanimously. MANAGEMENT AND FINANCIAL REPORT This past summer logs were stained on buildings C -13 & 14 and D -23 & 24. Buildings are first power washed then the logs are hand brushed with stain. It is a very labor intensive process but it is the only was to preserve the clink between the logs and keep it from also being stained. Summer of 2007 units C -15 & 16 and D21 & 22 will be done. Last years cost were $3,386 for C building and $2,946 for D. It is anticipated costs may increase 3 -5 %. Several deck handrail logs were replaced because of dry rot. Decks will inspected this spring and other handrail logs will be replaced this summer. Hopefully deck handrails will be stained by Tom's employees this spring. Roof leaks were addressed on units C -12, 14, 15, 16 and D -21 and 24. Flashing needed to be reworked or replaced for the most part. Tom asked that he be informed of any new issues because a roofer will again be brought into the project to inspect the roofs and make appropriate repairs. The Asphalt was again patched and crack sealed. This past fall aspen branches were cut back to give flower beds more light and Tom mentioned the landscaping is now established and the costs or relatively stable. Tom was asked by Mary Ann to inspect the window trim and to take appropriate action this spring. Brooke asked questions about the tennis court which belong to Timber Creek Lodges HOA. She also wondered if it would be possible to use the tennis courts or if it would be possible to add some facilities to that area. The members present told Brooke she was free to negotiate with the other association and asked to be kept informed. Tom began the financial report by reporting operating expense spending was for the most part at or below budget. Two exceptions would be in repair and maintenance and snow removal. The record setting early season snow fall last year caused management to have roofs shoveled much more than usual. We spent $4,080 on roof shoveling or $2,100 more than budgeted. The roofs needed to be shoveled because 6 units had roof leaks caused by ice damns affecting poorly flashed dormer on the roofs. General repairs exceeded budget due to $2,171 spent repairing the flashing on those roofs. Preliminary figures show the 2006 spending will exceed budget by $4,349. $4,545 was sent to the rreserve fund, less than the anticipated $8,010 because of the budget overages. The association had increased its reserve fund balance to $53,300. The financial report will be distributed to owners as soon as it is prepared by the accountant. Cynthia moved to accept the budget report and the 2007 budget. Chuck seconded, passed unanimously. OLD BUSINESS Association attorney Ross Davis prepared new policies and procedures which have been passed by the Colorado legislature. These policies labeled Senate Bill 05 -100 and SB 06 -89 and must be ratified by the association. The members present adopted the policies. They will be sent to our attorney for further review and then mailed out to the homeowners. There was then discussion on the association's rules and regulations and Don asked that discussion be tabled until the Board meeting. Don had devised rigging on the dumpster which ties the lids down so that it no of nger is a problem with bears and raccoons. Cynthia asked we check with the town of Vail to investigate regulations for enclosures. Brooke volunteered. ELECTION OF BOARD MEMBERS 2ynthia nominated the current slate of directors to the Board. Brooke seconded. This motion asked unanimously. Respectfully submitted Tom Saalfeld