HomeMy WebLinkAboutPublic Comment - Bailey & Peterson.pdfRandall Livingston
From:Randall Livingston
Sent:Friday,August 11,20179:39 AM
To:Amber Bailey
Cc:Mary Anne Redmond;Kerry@goodmanwallace.com
Subject:Vail Mountain View Residences on Gore Creek
Attachments:2017-08-11 RML Owners Letter.pdf
Please see the attached letter.
Raidafl M.Livingston
iJiflilY $1flhJL i
AT1ONEYS AT LAW Dezwer,COO202
303-&37-1660 303..837OO97 r LMngstonb-p$aw,corn
This message and the accompanying documents are intended only for the use of the individual or entity to which they are addressed and may contain information
that is privileged or confidential and exempt from disclosure under applicable law.If the reader of this message and accompanying documents is not the intended
recipient or employee or agent responsible for delivering this message to the intended recipient,you are hereby notified that any dissemination,distribution or
copying of this communication is strictly prohibited.If you have received this communication in error,please notify us immediately by telephone and return the
original message and accompanying documents to us at the above address.Thank you.
EXHIBIT
1
L
____________
WiU liIJLiuI
ATTORNEYS AT LAW
535 l6’Street,Suite 727
Denver,Colorado 80202
Telephone (303)837-1660
Facsimile (303)837-0097
www.b-p-law.com
Writer’s email —livingston@bp-1awcom
August 11,2017
VIA ELECTRONIC MAIL
Re:Board of Director Concerns Regarding Solicitation for Ballots and
Potential Financial Impact on Association
To:Residential Owners in the Vail Mountain View Residences on Gore Creek
Owners’Association,Inc.
We represent the Vail Mountain View Residences on Gore Creek Owners’
Association,Inc.The Association asked us to comment on the solicitation for votes
circulated to unit owners on August 9,2017.
1.While we do not comment on the validity of the actions proposed in the
solicitation,procedurally,the solicitation instructs owners to return the ballot no
later than August 14,five days after the ballot’s distribution.The owners can take
action by written ballot and without a meeting.The Bylaws,§3.4,however,require
a notice of a special meeting be delivered no fewer than ten days (and no more than
fifty days)before the date of the special meeting.Under the Bylaws,the period for
returning written ballots cannot close on August 14,and all owners must be afforded
the minimum ten days,i.e.,no earlier than August 19,to consider the questions and
to exercise their opportunity to vote.
2.The Association has concerns that the second action solicited,
attempting to revoke the Association’s consent to the Declarant’s special development
district application,exposes the Association and all owners to significant financial
liabilities.The Declarant’s application for a special development district exercises
contractual development rights expressly reserved to the Declarant in Articles 14 and
15 of the Declaration.Unit owners consented to these development rights when they
bought their units.
The Declaration,§14.4,states,in the event the Association takes action to
interfere with or diminish the Declarant’s rights,or is the losing party in any
Bailey &Peterson,P.C.
Page 2
proceeding related to such action,the Association “shall be responsible for Declarant’s
costs,including reasonable attorney’s fees,and shall also be responsible for any and
all consequential damages,including damages as the result of any delay,related to
such action.”If the Association were to be found liable for these damages and costs,
the expense of paying the liability will be borne by all unit owners,including those
who voted against the measure and those who did not vote at all.
The board’s view is that Section 14.4 leaves the Association with no discretion
to oppose the Declarant’s exercise of its reserved development rights.Opposing the
Declarant’s exercise of its rights exposes the Association to the significant risk of
paying attorneys to defend the action as well as paying the Declarant’s damages,
attorney’s fees,and costs as stated in Section 14.4.The board’s consent to the special
development district application and the March 2017 letter sent to the Town of Vail
were actions taken consistent with the owners’contractual obligations and
represented a prudent decision within the board’s authority.
If you have questions concerning this matter,please contact the Association.
Very truly yours,
BAILEY &PETERSON
A Professional Corpor
Randall M.
cc:Mary Anne Redmond
Kerry Wallace
EAGLE COUNTY Co
TEAK J SItIONTON
Pgs 65 ø8ø4:e3At1 1 2/REC $326øGDOC:$1.
I1A111111 IIH I11 IllI llhIIllI 1llI UI1 Ill1I1 lA1lll I1
/
CONDOMINIUM DECLARATION
FOR THE
VAIL MOUNTAIN VIEW RESIDENCES ON GORE CREEK
EXH!BT
ARTICLE 14 SPECIAL DECLARANT RIGHTS AND
ADDITIONAL RESERVED RIGHTS
Section 14.1.Special Declarant Rights.Declarant hereby reserves the right,from time to
time,to perform the acts and exercise the rights hereinafter specified (the “Special Declarant
Rights”).Declarant’s Special Declarant Rights include the following:
(a)Completion ofimprovements.The right to complete Improvements indicated
on the Map(s)filed with this Declaration.
(b)Exercise of Development Rights.The right to exercise any Development
Right reserved in ARTICLE 15 of this Declaration.
(c)Sales,Management and Marketing.The right to locate,relocate and maintain
sales offices,management offices,operational facilities or offices,signs advertising the Project,and
models within the Common Elements and any Unit or Units owned by Dccl arant,and the right to
remove the same,Declarant shall have the right to show Units and the Common Elements to
prospective purchasers and to arrange for the use of any parking,storage,or recreational facilities
within the Common Elements by prospective purchasers.
(d)Development Easements.The right to create and grant easements through the
Common Elements to any party for any purpose including,without limitation,for purposes of
(i)making improvements within the Project,(ii)the construction and development of Real Estate
which may be added to the Project,including,without limitation,the Expansion Property,and/or
(iii)exercising any Reserved Declarant Rights.
(e)Master Association.The right to annex into and/or make the Project subject
to a master association.
(f)Sub-Associations.The right to subject any portion ofthe Project to separate
declaration(s)of covenants and/or to create sub-association(s),subject to this Declaration and the
Condominium Documents,Without limiting the generality of the foregoing,the Declaraiit shall
have the right to create one or more sub-associations to govern particular Classes and/or types of
Units.
(g)Control of Association and Board of Directors.During the Period of
Declarant Control,the right to appoint or remove any officer of the Association or any member of
the Board of Directors appointed by Declarant.
(h)Amendment of Declaration.The right to amend this Declaration in
connection with the exercise of any Development Rights.
(i)Amendment of Map.The right to amend the Map in connection with the
exercise of any Development Rights.
(j)Signs.The right o maintain signs on the Common Elements advertising the
Project
31
(k)Post-Sales.The right to use the Common Elements to maintain customer
relations and provide post-sale and re-sale services to Owners.
(1)Merger.The right to merge or consolidate the Project with another project of
the same form of ownership.
(m)Parking/Storag,The right to use and to allow others to use all parking and
storage areas (other than parking or storage areas designated as Limited Common Elements
appurtenant to Units not owned by the Declarant)in connection with its marketing efforts and the
right to park vehicles for other purposes in accordance with Section 12.9.
Section 14.2.Additional Reserved Rights,In addition to the Special Declarant Rights set
forth in Section 14.1 above,Declarant also reserves the following additional rights (the “Additional
Reserved Rights”):
(a)Dedications.The right to establish,from time to time,by grant,dedication or
otherwise,utility and other easements for purposes including but not limited to streets,paths,
walkways,ski-ways,drainage,recreation areas,club access,parking areas,driveways,ducts,shafts,
flues,conduit installation areas,and to create other reservations,exceptions and exclusions for the
benefit of and to serve the Owners within the Project.
(b)Use Agreements.The right to enter into,establish,execute,amend,and
otherwise deal with contracts and agreements for the use,lease,repair,maintenance or regulation of
parking and/or recreational facilities,which may or may not be a part ofthe Project,for the benefit
of the Owners and/or the Association.
(c)Easement Rights.The right to grant easements in,on,over or through the
Common Elements to any third party for the development or improvement of the Property or other
Real Estate,as determined by Declarant.
(d)QJbts.The right to exercise any Additional Reserved Right created by
any other provision of this Declaration or of the Act.
Section 14.3.Limitations on Special Declarant Rights and Additional Reserved Rights.
Special Declarant Rights and Additional Reserved Rights may be exercised at any time during the
period described below in this Section unless sooner terminated (i)by an amendment to this
Declaration executed by Declarant;(ii)pursuant to a specific provision for earlier termination set
forth above;or (iii)if and to the extent otherwise required under the Act.Any Special Declarant
Right or Additional Reserved Rights may be exercised by Declarant so long as Declarant (a)is
obligated under any warranty or obligation;(b)holds a Development Right;(c)owns any Unit or
any interest therein;or (d)holds a Security Interest in any Unit(s);provided,however,all Special
Declarant Rights and Additional Reserved Rights shall terminate thirty (30)years after the date of
recording this Declaration.
Section 14,4.Interference With Special Declarant Rights or Additional Reserved Rights.
Neither the Association nor any Owner nor any Class may take any action or adopt any rule and/or
regulation that will interfere with or diminish any Special Declarant Rights or Additional Reserved
Rights without the prior written consent of Declarant.In the event an Owner,a Class or the
Association takes any such action,or is the losing party in any proceeding related to such action,
then (in addition to all other remedies ofDeclarant)such Owner,such Class,or the Association shall
be responsible for Declarant’s costs,including reasonable attorneys’fees,and shall also be
responsible for any and all consequential damages,including damages as the result of any delay,
related to such action.
Section 14.5,Rights Transferable.Any Special Declarant Rights or Additional Reserved
Right created or reserved under this ARTICLE 14 for the benefit of Declarant may be transferred to
any Person by an instrument expressly describing the rights transferred and recorded in the Records.
Such instrument shall be executed by the transferor Declarant and the transferee.
ARTICLE 15 RESERVATION OF DEVELOPMENT RIGHTS
Section 15.1.Expansion Rights.Declarant expressly reserves the right to subject all or any
part of the Real Estate described in Exhibit D attached hereto and hereby incorporated by reference
(the “pgjon Pro ert”)to the provisions of this Declaration upon the substantial completion of
Improvements on the Expansion Property,The consent ofthe existing Owners,First Mortgagees or
other holders of Security Interests shall not be required for any such expansion,and Declarant may
proceed with such expansion without limitation at its sole option.In addition,Declarant also
expressly reserves the right to add unspecified Real Estate to the Project as allowed by the Act.
Section 15.2.Develoyment and Withdrawal Rights.Declarant expressly reserves theright
to create Units and/or Common Elements (expressly including Limited Common Elements),to
combine Units,to subdivide Units,to convert Units into Common Elements (expressly including
Limited Common Elements),to convert Common Elements into Units,to allocate Common
Elements as Limited Common Elements and to allocate Real Estate as Limited Common Elements
on all or any portion of the Real Estate reserved for future development in this Declaration or
pursuant to the Map,expressly and specifically including,without limitation,any Commercial Unit
(expressly including,without limitation,any part of the same that is not within the Bounded
Portion),any Residential Unit owned by Declarant,and the Expansion Property.Any improvements
created,constructed or installed pursuant to the previous sentence may be referred to herein as
“Additional improvements.”Without limiting the generality ofthe foregoing,Declarant expressly
reserves the right (a)to subject Units owned by Declarant,or other portions of the Project that are
subject to Development Rights,to a plan offractional or vacation ownership;(b)to convert all or a
portion of any Commercial Unit into Residential Units andJor to create new Residential Units,which
may be of a different type than and/or may form a different Class than the Residential Units existing
as ofthe date hereof;(e)to subdivide,combine,or relocate boundaries between any Units owned by
Declarant and any adjacent Limited Common Elements appurtenant thereto,including the addition,
removal or relocation of any Common Elements therein,provided the same does not impair the
structural soundness of or the operation of building systems in such Common Elements;(d)to
subdivide any Commercial Unit within the parking garage into individual parking units (which
parking units would be deemed to be Commercial Units hereunder),and/or (e)to subject any
Commercial Unit that is all or part of a parking garage to a club,membership,or similar program
through which owners or members thereof,which may or may not be Owners,are granted a right to
use and access certain Common Elements.In the event that Declarant exercises any Reserved
Declarant Rights in a manner that causes the creation ofUnits which are to be used or restricted asemployeehousingunitspursuanttotheordinancesorregulationsoftheTownofVail.then
Declarant may elect to designate such employee housing units as either Commercial Units or
Residential Units,and in either case the employee housing units may be excluded from certain
Limited Common Elements appurtenant to other Units in the relevant Class (and from payment of
the costs associated therewith)and/or from voting on certain Class issues otherwise associated with
the relevant Class,all as determined and designated by Declarant.Declarant may exercise any or all
ofthe Development Rights so reserved at any time within the period described in Section 15.9 withrespecttoalloranyoftheRealEstateidentifiedassubjecttoDevelopmentRightsintheDeclaration
or pursuant to the Map.No assurances are made with respect to the boundaries of any parcels that
maybe developed or the order in which the parcels maybe developed.Exercise of a Development
Right with respect to any one parcel does not require exercise of a Development Right on any other
parcel of Real Estate subject to Development Rights.No assurances are made that any further
development will occur,If all or any part ofthe Expansion Property is submitted to this Declaration,
this right to reserve property for future development shall apply to such property as well.Declarant
expressly reserves the right to withdraw all or any portion of the Property that is designated as
subject to withdrawal in this Declaration from the Project by recording a document evidencing such
withdrawal in the Records.The Commercial Unit,or any portion(s)thereofretained by Declarant
after any subdivision thereof,is hereby designated as being subject to withdrawal rights.The Real
Estate withdrawn from the Project shall be subject to whatever easements,if any,are reasonably
necessary for access to or operation ofthe Project.Declarant shall prepare and record in the Records
whatever documents are necessary to evidence such easements and shall amend Exhibit C to this
Declaration to include reference to the recorded easements.Declarant alone is liable for all expenses
in connection with Real Estate subject to Development Rights for as long as the same remains
subject to Development Rights.
Section 15.3.Amendment of Declaration.If Declarant elects to submit the Expansion
Property,or any part thereof,or Additional Improvements,to this Declaration,or to subdivide or to
convert Units or Common Elements,then at such time as a certificate ofcompletion executed by an
independent licensed or registered engineer,surveyor,or architect stating that all structural
components of the Improvements on the Expansion Property or the Additional Improvements are
substantially completed is obtained,Declarant shall record an amendment to this Declaration
reallocating the Allocated Interests so that the Allocated Interests appurtenant to each Unit will beapportionedaccordingtothetotalnumberofUnitssubmittedtothisDeclaration.The Allocated
Interests apportioned to each Unit in the Project shall be based on the formulae set forth in
Section 4.2.Mere subdivision of a Unit shall not change the Allocated Interests of any Unit not
included in such subdivision,except as expressly set forth in Section 4.2.The amendnient to this
Declaration shall contain,at a minimum,the legal description of the Expansion Property,or a part
thereof,or a description ofthe Real Estate on which the Additional Improvements being submitted
to this Declaration are located and a revised schedule ofthe Allocated Interests appurtenant to the
Units in the Project.
Section 15.4.Supplement to the Map.Declarant shall,contemporaneously with the
amendment ofthis Declaration,file a supplement to the Map showing the location of the Additional
Improvements constructed on the Expansion Property or the construction,combination,subdivision,
34
conversion or allocation of Units or Common Elements allowed by this Article.The supplement totheMapshallsubstantiallyconformtotherequirementscontainedinthisDeclaration.
Section 15.5,etgion.Recording of amendments to this Declaration,andsupplementstotheMap,in the Records shall automatically:
(a)vest in each existing Unit the reallocated Allocated Interests appurtenant tosuchUnit;and
(b)vest in each existing holder ofa Security Interest a perfected Security InterestinthereallocatedAllocatedInterestsappurtenanttotheencumberedUnit.
Upon the recording of an amendment to this Declaration,the definitions used in thisDeclarationshallautomaticallybeextendedtoencompassandtorefertothePropertyasexpanded.The Expansion Property,or any part thereof,or the Additional Improvements constructed on thePropertyasexpandedshallbeaddedtoandbecomeapartoftheProjectforallpurposes.AllconveyancesofUnitsaftersuchexpansionshallbeeffectivetotransferrightsinallCommonElementsasexpanded,whether or not reference is made to any amendment to this Declaration orsupplementtotheMap.Reference to this Declaration and Map in any instrument shall be deemed toincludeallamendmentstothisDeclarationandsupplementstotheMapwithoutspecificreferencethereto.
Section 15.6.Maximum Number ofUnits.The maximum number ofUnits in the Projectshallnotexceed300Units,or,if allowed by the Act,the maximum number of Units allowed by anygovernmentalentityhavingjurisdictionovertheProperty,pursuant to any development plan orapprovalsforthePropertyandtheExpansionProperty.Declarant shall not be obligated to expandtheProjectbeyondthenumberofUnitsinitiallysubmittedtothisDeclaration.
Section 15.7.Construction Easement.Declarant reserves an easement through,over andacrosstheCommonElementsandUnitsasmaybereasonablynecessaryforthepurposeofdischargingDeclarant’s obligations and exercising DecLarants reserved rights in this Declarationwithoutconsentofanyparty.Such easement includes the right to construct underground utilitylines,pipes,wires,ducts,conduits,and other facilities across the Property not designated as reserved
for future development in this Declaration or on the Map for the purpose of furnishing utility andotherservicestobuildingsandImprovementstobeconstructedonanyofthePropertyreservedforfuturedevelopment.Declarant’s reserved construction easement includes the right to granteasementstopublicutilitycompaniesandtoconveyimprovementswithinthoseeasementsanywhereintheCommonElementsnotoccupiedbyanImprovementcontainingUnits.IfDeclarantgrantsanysucheasements,Exhibit C to this Declaration will be amended to include reference to therecordedeasement.
Section 15.8.If property is withdrawn from the Project
(a)the owner(s)of the Withdrawn Property shall have whatever easements arenecessaryorappropriate,ifany,for access,utility service,repair,maintenance and emergencies overandacrosstheProject;and
35
(b)the Owner(s)in the Project shall have whatever easements are necessary or
appropriate,if any,for access,utility service,repair,maintenance,and emergencies over and across
the Withdrawn Property.
Declarant shall prepare and record in the Records whatever documents are necessary to
evidence such easements and shall amend Exhibit C to this Declaration to include reference to the
recorded easement(s).Such recorded easement(s)shall specify that the owner(s)ofthe Expansion
Property and the Withdrawn Property and the Owners in the Project shall be obligated to pay a
proportionate share ofthe cost ofthe operation and maintenance ofany easements utilized by either
one of them on the other’s property upon such reasonable basis as Declarant shall establish in the
easement(s).Preparation and recordation by Declarant ofan easement pursuant to this Section 15.8
shall conclusively determine the existence,location and extent of the reciprocal easements that are
necessary or desirable as contemplated by this Section 15.8.
Section 15,9.Termination of Development Rights.The Development Rights reserved to
Declarant,for itself’,its successors and assigns,shall expire thirty (30)years after the date of
recording this Declaration in the Records,unless the Development Rights are reinstated or extended
by the Association as provided in the Act,subject to whateverterms,conditions,and limitations the
Board of Directors may impose on the subsequent exercise of Development Rights by Declarant.
Declarant may at any time release and relinquish some or all ofthe Development Rights with respect
to all or any part of the Real Estate subject to such rights by instrument executed by Declarant and
effective when recorded in the Records.Upon the expiration or other termination of the
Development Rights,any Real Estate then subject to such rights shall become Common Elements or
Units,as applicable.
Section 15.1 0.Interference With Development Rights.Neither the Association nor any
Owner nor any Class may take any action or adopt any rule or regulation that will interfere with or
diminish any Development Rights reserved by this ARTICLE 15 without the prior written consent of
Declarant.In the event an Owner,a Class or the Association takes any such action,or is the losing
party in any proceeding related to such action,then (in addition to all other remedies of Declarant)
such Owner,such Class,or the Association shall be responsible for Declarant’s costs,including
reasonable attorneys’fees,and shall also be responsible for any and all consequential damages,
including damages as the result of any delay,related to such action.
Section 15.11.Transfer of Development Rigii.Any Development Rights created or
reserved under this ARTICLE 15 for the benefit ofDeclarant maybe transferred,in whole or in part
to any Person by an instrument expressly describing the rights transferred and recorded in the
Records.Such instrument shall be executed by the transferor Declarant and the transferee.
ARTICLE 16 INSURANCE
Section 16.1.Coverage.Commencing not later than the first conveyance of a Unit to a
purchaser and to the extent reasonably available,the Association shall obtain and maintain insurance
coverage as set forth in this Article.The Association shall have the power and authority to obtain
additional policies or coverages not specified herein in the Board’s discretion.If such insurance is
not reasonably available,or if any policy of such insurance is canceled or not renewed without a
36
BYLAWS
OF
Vail Mountain View Residences on Gore Creek Owners’Association,Inc.,
a Colorado nonprofit corporation
EXHIBIT
ARTICLE 5.OFFICERS AND THEIR DUTIES
Section 5.1 Enumeration of Officers.The officers of the Association shall be a
president,vice president,secretary,and treasurer,and such other officers as the Board of
Directors may from time to time by resolution create.The president must be a member of the
Board of Directors.
Section 5.2 Election of Officers.The election of officers shall take place at the first
meeting of the Board of Directors and thereafter at the first meeting of the Board of Directors
following each annual meeting of the Owners.
Section 5.3 Term.The officers shall be elected annually by the Board of Directors
and each shall hold office for one (1)year unless such officer shall sooner die,resign,or shall be
removed or otherwise disqualified to serve.
Section 5.4 Special Appointments.The Board of Directors may elect such other
officers as the affairs of the Association may require,each of whom shall hold office for such
period,have such authority,and perform such duties as the Board of Directors may from time to
time determine.
Section 5.5 Resignation and Removal.Any officer may be removed from office with
or without cause by the Board of Directors.Any officer may resign at any time by giving written
notice to the Board of Directors,the president,or the secretary.Such resignation shall take
effect on the date of receipt of such notice or at any later time specified therein,and unless
otherwise specified therein,the acceptance of such resignation shall not be necessary to make it
effective.
Section 5.6 Vacancies.A vacancy in any office may be filled by appointment by the
Board of Directors.The officer appointed to such vacancy shall serve for the remainder of the
term of the officer he or she replaces.
Section 5.7 Multiple Offices.Any two (2)or more offices may be held by the same
Person.
Section 5.8 Duties.The duties of the officers are as follows:
(a)President.The president shall preside at all meetings of the Owners and
of the Board of Directors;shall see that orders and resolutions of the Board of Directors are
carried out;shall sign on behalf of the Association all leases,mortgages,deeds,notes and other
written instruments;and shall exercise and discharge such other duties as may be required of
the president by the Board of Directors.In addition,the president shall have all of the general
powers and duties that are incident to the office of president of a nonprofit corporation
organized under the laws of the State of Colorado,including but not limited to,the power to
appoint committees from among the Owners from time to time as the president may decide is
appropriate to assist in the conduct of the affairs of the Association.The president may fulfill
the role of treasurer in the absence of the treasurer.The president may cause to be prepared
and may execute amendments,attested by the secretary,to the Declaration (in accordance with
11
the provisions of the Declaration)and these Bylaws on behalf of the Association,following
authorization or approval of the particular amendment,as applicable.
(b)Vice President.The vice president shall act in the place and stead of the
president in the event of his or her absence,inability,or refusal to act,and shall exercise and
discharge such other duties as may be required of the vice president by the Board of Directors.
(c)Secretary.The secretary shall record the votes and keep the minutes of all
meetings and proceedings of the Board of Directors and of the Owners;keep the corporate
stamp or seal of the Association,if any,and place it on all papers requiring said stamp or seal,
if necessary;serve notice of meetings of the Board of Directors and of the Owners;keep
appropriate current records showing the Owners and Designated Representatives together with
their addresses;and shall perform such other duties as may be required of the secretary by the
Board of Directors.
(d)Treasurer.The treasurer shall receive and may endorse on behalf of the
Association,for collection only,all checks,notes,and other obligations and shall deposit the
same and all monies in appropriate bank accounts of the Association.The treasurer shall
disburse such funds as directed by resolution of the Board of Directors;keep proper books of
account;at the direction of the Board of Directors,cause an audit of the Association books to
be made;and prepare the annual Budget and a statement of income and expenditures to be
presented to the Owners at the regular annual meeting of Owners,and deliver a copy of each to
the Owners.Except for reserve funds described below,the treasurer may have custody of and
shall have the power to endorse for transfer,on behalf of the Association,stock,securities or
other investment instruments owned or controlled by the Association or as fiduciary for others.
Reserve funds of the Association shall be deposited in such segregated accounts or other
investments as the Board of Directors decides in accordance with the Rules and Regulations.
Funds may be withdrawn from these reserves for the purposes for which they were deposited,
by check or order,by the Treasurer or another officer provided that the Board of Directors may
adopt resolutions imposing limitations on the manner of withdrawal or requiring more than one
signatory for certain types of withdrawals.
Section 5.9 Execution of Instruments.All agreements,contracts,deeds,leases,
checks,notes and other instruments of the Association may be executed by any Person or
Persons as may be designated by resolution of the Board of Directors,including the Managing
Agent.Any officer may prepare,execute,certify and record duly adopted amendments to the
Declaration on behalf of the Association.If appropriate,the Managing Agent or any officer of
the Association may file an election under Section 528 of the Internal Revenue Code in any
given year for the Association.
ARTICLE 6.INDEMNIFICATION OF MEMBERS OF
THE BOARD OF DIRECTORS AND OFFICERS
Section 6.1 Actions Other than by or in the Right of the Association.The Association
shall indemnify any Person who was or is a party,or is threatened to be made a party to any
pending or completed action,suit or proceeding,whether civil,criminal,administrative or
investigative (other than an action by or in the right of the Association)by reason of the fact that
12
EAGLE COUNTY,COTEAKJSIMONTON
Pgs 85 ee:04:sGAMREC:$326øøOOC:$
IIAI 11111 IIM 1II IAI flhI IllI 1llI UI1 Ill I1llI IfiI IU II
CONDOMINIUM DECLARATION
FOR THE
VAIL MOUNTAIN VIEW RESIDENCES ON GORE CREEK
EXHISrr
available to the Class,the Board ofDirectors shall be so notified in writing and the Budget proposed
by the Board of Directors pursuant to Section 9.3 for the following year shall include the requested
changes.
(b)If the Majority of Owners within the Class votes to change specific items
reflected in the Rules and Regulations that affect only the Class,the Board of Directors shall be so
notified,in writing,and the Board of Directors shall,at its next meeting,act to effectuate such
amendment to the Rules and Regulations accordingly.
Notwithstanding anything to the contrary set forth herein,the Board shall not be required to take any
action that would cause a breach of any legal duty ofthe Board or that would result in a violation of
the Act.
ARTICLE 8 ASSOCIATION POWERS AND DUTIES
Section 8.1.Association Management Duties.Subject to the rights and obligations of
Declarant and other Owners as set forth in this Declaration,the Association shall be responsible for
the administration and operation of the Project and for the exclusive management,control.
maintenance,repair,replacement,and improvement of the Conmion Elements,including the
maintenance,repair and replacement of the Limited Common Elements,other than routine
maintenance for which the Owners are responsible pursuant to Section 10.1.The Association shall
keep the same in good,clean,attractive,and sanitary condition,order,and repair.The expenses,
costs,and fees of such management,operation,maintenance,and repair by the Association shall be
part of the Assessments,and prior approval of the Owners shall not be required in order for the
Association to pay any such expenses,costs,and fees.The Association shall establish and maintain,
out of the installments of the annual Assessments,an adequate reserve account for maintenance,
repair,or replacement of those Common Elements that must be maintained,repaired and/or replaced
on a periodic basis.The Association shall adopt and amend,annually and in accordance with the
provisions hereof,a Budget which will be the basis for collection ofAssessments from Owners.The
Association shall keep financial records sufficiently detailed to enable the Association to comply
with the requirement to provide statements of status of Assessments,as described in Section 9.12.
All financial and other records of the Association shall be made reasonably available for
examination by any Owner and such Owner’s authorized agents and requesting First Mortgagees,all
in accordance with the Condominium Documents.
Section 8.2.Association Powers.The Association shall have,subject to the limitations
contained in this Declaration,the Bylaws,and the Act,all powers necessary or appropriate for the
administration of the affairs of the Association and the upkeep of the Project,which shall include,
but not be limited to,the following:
(a)Adopt and amend the Bylaws and the Rules and Regulations and any other
rules,procedures or policies adopted by the Board;
(b)Adopt and amend the Budget;
(c)Collect Assessments from Owners;
15
(d)Suspend the voting interests allocated to a Unit,and the right of an Owner to
cast such votes,or by proxy the votes of another,during any period in which such Owner is in
default in the payment of any Assessment,or during any time in which an Owner is in violation of
any other provision of the Condominium Documents;
(e)Hire and discharge Managing Agents and delegate to such Managing Agents
the power and duty to enforce the Rules and Regulations and other powers and duties of the
Association,subject to the requirements of the Act;
(f)Hire and discharge employees,independent contractors and agents other than
Managing Agents;
(g)Institute,defend or intervene in litigation or administrative proceedings or
seek injunctive relief for violations ofthe Condominium Documents in the Association’s name,on
behalf of the Association or on behalf of two or more Owners in matters affecting the Project;
(Ii)Adjust and settle insurance claims;
(i)Receive notices,join in any litigation or administrative proceeding,and
execute any and all documents in the Association’s name,on behalfofthe Association,or on behalf
of the two or more Owners,in connection with any change in zoning,annexation,subdivision
approval,building permit,or other type of governmental approval required to accomplish or
maintain the purposes of the Association;
(j)Make contracts and incur liabilities;
(k)Regulate the use,maintenance,repair,replacement,and modification of all
Common Elements (expressly including the Limited Common Elements),all Association property
within the Project,and/or any property which serves the Project but which is outside its boundaries;
(1)Establish policies and procedures for entry into Units under authority granted
to the Association in the Condominium Documents for the purpose of cleaning,maintenance and
repair (including emergency repair)and for the purpose of abating a nuisance,or a known or
suspected dangerous or unlawful activity;
(m)Cause additional improvements to be made as a part of the Common
Elements;
(n)Acquire,hold,encumber and convey,in the Association’s name,any right,
title or interest to real estate or personal property (provided that Common Elements may be
conveyed or subjected to a Security Interest only pursuant to Section 3833.3-312 ofthe Act);
(o)Grant easements,including permanent easements,and grant leases,licenses
and concessions,through or over the Common Elements;
16
(p)impose and receive a payment,fee or charge for (i)services provided to
Owners,and (ii)for the use,rental or operation ofthe Common Elements (other than for the use or
rental of the Limited Common Elements);
(q)Establish from time to time,and thereafter impose,charges for late payment
ofAssessments or any other sums due and,after notice and hearing,levy a Fine for a violation ofthe
Condominium Documents;
(r)Impose a reasonable charge for the preparation and recording ofamendments
to the Declaration or statements of unpaid Assessments and for services provided to Owners;
(s)Recover Costs ofEnforcement for collection ofAssessments and other actions
to enforce the powers of the Association,regardless of whether or not suit was initiated;
(t)Provide for the indemnification ofthe Association’s officers and the Board of
Directors to the extent permitted by law and maintain directors’and officers’liability insurance;
(u)Assign the Association’s right to future income,including the right to receive
Assessments;
(v)Except with respect to members of the Board of Directors appointed by
Declarant during the Period of Declarant Control (who may be removed only by Declarant),declare
the office of a member ofthe Board of Directors to be vacant in the event such member is absent
from three (3)regular meetings of the Board of Directors during any one year period;
(w)Appoint any committee as required or permitted by the Condominium
Documents,and by resolution,establish committees,permanent and standing,to perform any ofthe
above functions under specifically delegated administrative standards as designated in the resolution
establishing the committee;
(x)Create one or more sub-associations to govern particular types of Units;
(y)By resolution,set forth policies and procedures which provide for corporate
actions and powers which are different than those set forth in the Nonprofit Act,which are permitted
to be “otherwise set forth in the Bylaws.”Such resolutions shall be given the same force and effect
as if spcifically enumerated in the Declaration or the Bylaws;
(z)Exercise any other powers conferred by the Condominium Documents,the
Act,or the Nonprofit Act or that may otherwise be exercised by entities of the same type as the
Association under Colorado law;and
(aa)Exercise any other power necessary or proper for the governance and
operation of the Association:
Section 8.3.Actions by Board of Directors.Except as specifically otherwise provided in
this Declaration,the Bylaws or the Act with respect to powers reserved to the Owners and the
Classes,the Board of Directors may act in all instances on behalf of the Association.
17
Notwithstanding anything to the contrary contained herein,following the termination or expiration
of the Period ofDeclarant Control,the Board ofDirectors shall have no power or authority to act in
contravention or frustration of any action properly taken by a Class with respect to a Class issue as
described in Section 7.9 and the Board of Directors shall,instead,take all actions required to
effectuate such properly taken actions of the Class.
Section 8.4.Board of Directors Meetings.All meetings of the Board of Directors,at
which action is to be taken by vote,will be open to the Owners and Eligible First Mortgagees,and
agendas for meetings of the Board ofDirectors shall be made reasonably available for examination
by all members of the Association or their representatives and Eligible First Mortgagees,except as
set forth in the Bylaws.
Section 8.5.Right to Notice and Hearing.Whenever the Condominium Documents
require that an action be taken after “notice and hearing,”the followingprocedure shall be observed:
The party proposing to take the action (e.g.,the Board of Directors,a committee,an officer,a
Managing Agent,etc.)shall give notice of the proposed action to all Owners and Eligible First
Mortgagees whose interests the proposing party reasonably determines would be significantly
affected by the proposed action.The notice shall be given not less than three (3)days before the
proposed action is to be taken.The notice shall include a general statement of the proposed action
and the date,time and place ofthe hearing.At the hearing,the affected Person shall have the right,
personally or by a representative,to give testimony orally and/or in writing,subject to reasonable
rules of procedure established by the party conducting the hearing to assure a prompt and orderly
resolution ofthe issues.Such evidence shall be considered in making the decision but shall not bind
the decision makers.The affected Person shall be notified of the decision in the same manner in
which notice of the hearing was given.Any Owner or Eligible First Mortgagee having a right to
notice and hearing shall have the iight to appeal to the Board of Directors from a decision of a
proposing party other than the Board ofDirectors by filing a written notice of appeal with the Board
ofDirectors within ten (10)days after being notified of the decision.The Board of Directors shall
conduct a hearing within forty-five (45)days,giving the same notice and observing the same
procedures as were required for the original hearing.
Section 8.6.Payments to Working Capital Account.In order to provide the Association
with adequate working capital funds,the Association may collect from purchasers,at the time ofthe
initial sale by Declarant of each Unit,an amount not to exceed three (3)months’worth of annual
Assessments based on the Association’s Budget in effect at the time of the conveyance.Such
payments to this fund shall not be considered advance payments of annual Assessments.
ARTICLE 9 ASSESSMENTS
Section 9.1.Commencement of Annual Assessments.Until the Association makes an
Assessment for Common Expenses,Declarant shall pay all Common Expenses.After any
Assessment has been made by the Association,Assessments shall be made no less frequently than
annually and shall be based on the Budget.
Section 9.2.Annual Assessments.The Association shall levy annual Assessments to pay
for the Common Expense Liability allocated to each Unit pursuant to this Declaration.The total
18
MINUTES OF THE DECEMBER 28,2016
ANNUAL OWNERS MEETING
VAIL MOUNTAIN VIEW RESIDENCES ON GORE CREEK OWNER’S ASSN.
1.CALL TO ORDER:
The meeting was called to order at 3:30 p.m.by President Mary Anne Redmond
and a quorum was established by roll call with the following members present:
Mary Anne Redmond —President
Charis Patterson —Vice President
Plamen Tsvetkov —Association Manager
Mr.Michael Connolly —Property Manger of 205,304,306,405 and 406
Everyone was present.
2.CONSIDERATION OF PREVIOUS MINUTES:Discussion was held and by
MOTION duly made and seconded,it was unanimously RESOLVED to approve
of the Annual Owners Meeting Minutes of December 4,2015.
3.QUARTERLY FINANCIAL AND BUDGET REVIEW:Mary Anne reviewed
the quarterly financials and explained any over/under on each line item with an
overall surplus of approximately $37,000.Discussion was held and by MOTION
duly made and seconded,it was unanimously RESOLVED to approve rolling
over any operating surplus into the capital reserve fund.
The proposed 2017 budget was presented with a 3%proposed increase in dues.
There was a 9.5%decrease in insurance premiums.There is a $1,500 savings in
natural gas due to going to a monthly float rate and a current 10 year rate low.
The property manager will receive a 4%raise.There was a $2,450 increase in
mechanical contracts for each unit owner to have annual maintenance performed
on their units’fireplaces.Total operating budget of $315,796 and reserve budget
of $54,000.Discussion was held and by MOTION duly made and seconded,it
was unanimously RESOLVED to approve the 2017 budget.
4.ASSOCIATION MANAGER UPDATE:Plamen gave the building review.
a.Building is in good condition with no issues
b.All mechanical systems are operating properly
c.Performed touch up painting and clean to all common areas along with
power washing of garage
5.OTHER BUSINESS:
EXHIBIT
a-Tree replacement —discussed what types of trees would be ideal to
replace the removed cottonwoods.The plaza level has
approximately 3 to 4 feet of soil above the owners parking garage
and therefore we will need a tree that has shallow roots that will
not destroy the snowmelted sidewalk or go down through the
owners garage roof.Jack Hunn will get recommendations.
6.ADJOURNMENT:The meeting was adjourned at 4:00 p.m.
MINUTES OF THE DECEMBER 4,2015
ANNUAL OWNERS MEETING
VAIL MOUNTAIN VIEW RESIDENCES ON GORE CREEK OWNER’S ASSN.
1.CALL TO ORDER:
The meeting was called to order at 3:00 p.m.by President Mary Anne Redmond
and a quorum was established by roll call with the following members present:
Mary Anne Redmond —President
Charis Patterson —Vice President
Jack Hunn —Secretary/Treasurer
Plamen Tsvetkov —Association Manager
Mr.Michael Connolly—Property Manger of 205,304,306,405 and 406
Mr.Vaughn Pourchot —Owner #402
Everyone was present except Mr.Pourchot via conference call.
2.CONSIDERATION OF PREVIOUS MINUTES:Discussion was held and by
MOTION duly made and seconded,it was unanimously RESOLVED to approve
of the Annual Owners Meeting Minutes of December 19,2014.
3.QUARTERLY FINANCIAL AND BUDGET REVIEW:Mary Anne reviewed
the quarterly financials and explained any over/under on each line item with an
overall surplus of approximately $30,000.Discussion was held and by MOTION
duly made and seconded,it was unanimously RESOLVED to approve rolling
over any operating surplus into the capital reserve fund.
The proposed 2016 budget was presented with a 3%proposed increase in dues.
There was a 6%and 9%increase in electric and water based on the utilities rate
increases.There is a $7,500 savings in natural gas due to going to a monthly float
rate and a current 10 year rate low.There was also $3,000 in saving on negotiated
contracts with vendors.The property manager will receive a 4%raise.Total
operating budget of $3 11 ,126 and reserve budget of $48,000.For reserve projects
in 2016 the board has approved additional landscaping.Discussion was held and
by MOTION duly made and seconded,it was unanimously RESOLVED to
approve the 2016 budget.
4.ASSOCIATION MANAGER UPDATE:Plamen gave the building review.
a.Building is in good condition with no issues
b.All mechanical systems are operating properly
c.Performed touch up painting and clean to all common areas along with
power washing of garage
5.OTHER BUSINESS:
a.Discussed grill smoke reaching other unit.There is an obnoxious odor
rule and if a unit owner is experience this,please let Plamen know and
he will reach out to the other owner to have their grill cleaned.
6.ADJOURNMENT:The meeting was adjourned at 4:07 p.m.
MINUTES OF THE DECEMBER 19,2014
ANNUAL OWNERS MEETING
VAIL MOUNTAIN VIEW RESIDENCES ON GORE CREEK OWNER’S ASSN.
1.CALL TO ORDER:
The meeting was called to order at 3:30 p.m.by President Mary Anne Redmond
and a quorum was established by roll call.
2.CONSIDERATION OF PREVIOUS MINUTES:Discussion was held and by
MOTION duly made and seconded,it was unanimously RESOLVED to approve
of the Annual Owners Meeting Minutes of February 21,2014.
3,QUARTERLY FINANCIAL AND BUDGET REVIEW:Mary Anne reviewed
the quarterly financials and explained any over/under on each line item with an
overall surplus of approximately $30,000.
The proposed 2015 budget was presented with a proposed increase in dues of
1.75%.There was a 6%increase in both insurance and natural gas.Insurance
rate includes an automatic 3%increase in rebuilding cost based on CP1.The
natural gas increase is based on increased building usage.Under Mechanical
contracts we are now including a $2,500 increase for annual inspections of each
owners A/C unit.There are savings in the pest control as we have switched to a
new company.Total operating budget of $312,831 and reserve budget of $35,500.
For reserve projects in 2015 the board has approved the exterior staining of the
building,replacement of the lower garage door and roof heat tape extensions.
Discussion was held and by MOTION duly made and seconded,it was
unanimously RESOLVED to approve the 2015 budget.
4.ASSOCIATION MANAGER UPDATE:Plamen gave the building review.
a.Building is in good condition
b.All mechanical systems are operating properly
c.Switched pest control companies
d.Window cleaning and carpet cleaning have recently been done for
winter season
5.ADJOURNMENT:The meeting was adjourned at 4:30 p.m.
MINUTES OF THE FEBRUARY 21,2014
ANNUAL OWNERS MEETING
VAIL MOUNTAIN VIEW RESIDENCES ON GORE CREEK OWNER’S ASSN.
1.CALL TO ORDER:
The meeting was called to order at 3:30 p.m.by President Mary Anne Redmond
and a quorum was established by roll call with the following members present:
Mary Anne Redmond —President
Charis Patterson —Vice President
Jack Hunn —Secretary/Treasurer
Plamen Tsvetkov —Association Manager
Mr.Paul Nigrelli —Owner #104
Mr.David Charles —Owner #201
Mr.Bob Pourchot —Owner #402
Everyone was present except Mr.Nigrelli and Mr.Pourchot via conference call.
2.CONSIDERATION OF PREVIOUS MINUTES:Discussion was held and by
MOTION duly made and seconded,it was unanimously RESOLVED to approve
of the Annual Owners Meeting Minutes of December 14,2012.
3.QUARTERLY FINANCIAL AND BUDGET REVIEW:Mary Anne reviewed
the quarterly financials and explained any over/under on each line item with an
overall surplus of approximately $25,000.Discussion was held and by MOTION
duly made and seconded,it was unanimously RESOLVED to approve rolling
over any operating surplus into the capital reserve fund.
The proposed 2014 budget was presented with no proposed increase in dues.
There was a 5%increase in both electric and water based on the utilities usage
rate increases.There are savings in the landscaping and property manager line
items.Total operating budget of $302,340 and reserve budget of $40,000.For
reserve projects in 2014 the board has approved the replacement ofthe pool cover
and other projects such as exterior staining and roof heat tape extensions.
Discussion was held and by MOTION duly made and seconded,it was
unanimously RESOLVED to approve the 2014 budget.
4.ASSOCIATION MANAGER UPDATE:Plamen gave the building review.
a.Building is in good condition
b.All mechanical systems are operating properly
c.Possible leak in the snowmelt system.Testing different zones to isolate
the problem.
d.Switched pest control companies
e.Roof snow removal preformed twice so far this year
5.OTHER BUSINESS:
a.Discussed having bike racks during the summer.Plamen will install.
b.Discussed sharing of parking with other owners.
6.ADJOURNMENT:The meeting was adjourned at 4:30 p.m.
MINUTES OF THE DECEMBER 14TH,2012
ANNUAL OWNER’S MEETING
VAIL MOUNTAIN VIEW RESIDENCES ON GORE CREEK OWNER’S ASSN.
1.CALL TO ORDER:The meeting was called to order at 4 p.m.by President Mary
Anne Redmond and a quorum was established by roll call with the following members
present:
Mary Anne Redmond —President
Chans Patterson —Vice President
Jack Hunn-Secretary/Treasurer
Mr.David Charles —Owner #201
Mrs.Joyce Charles —Owner #201
Mr.Michael Rootberg —Owner #301
Mr.Chadd Ziegler —Fernando Cisneros #103-203 representative
The BOD held (6)signed proxy ballots at the time of meeting.
2.CONSIDERATION OF THE 2011 ANNUAL OWNER’S MEETING
MINUTES:Discussion was held and by MOTION duly made and seconded,it
was unanimously RESOLVED to approve of the 2011 Annual Meeting Minutes.
3.ANNUAL FINANCIAL REPORT REVIEW:Mary Anne reviewed all the 2012
financial reports.She explained in detail the over/under of each line item.It was
noted that there is an approximate surplus of 20K at year end.
The HOA is current on all annual dues at this time.
4.2013 BUDGET:Discussion was held and by MOTION duly made and seconded,it
was unanimously RESOLVED to approve of the 2013 budget.
5.PROPERTY MANAGER ANNUAL REPORT:Michael gave a detailed report
On the general condition of the entire property.Also,explaining all work performed
and work that is projected to be completed in 2013.Michael explained the estimates
that will be acquired for projects in 2013.
6.NEW BUSINESS:Mr.Michael Rootberg inquired about the HOA rental insurance
policy for owner’s that rent their condo.Mary Anne gave explanation of the HOA
requirements and policy.
MINUTES OF THE DECEMBER 9TH2011
ANNUAL OWNER’S MEETING
VAIL MOUNTAIN VIEW RESIDENCES ON GORE CREEK OWNER’S ASSN.
1.CALL TO ORDER:The meeting was called to order at 3 p.m.by President
Mary Anne Redmond and a quorum was established by roll call with the
following members present:
Mary Anne Redmond —President
Charis Patterson —Vice President
Jack Hunn —Secretary/Treasurer
Michael Sousa —Association Manager
Mr.Chris Sublette —Owner #104
Mr.Dan Wolfe —Owner #303 (conference call-in)
Mrs.Natalie Emerson —Owner #401 (conference call-in)
The BOD held (8)signed proxy ballots at the time of meeting.
2.CONSIDERATION OF THE 2010 ANNUAL OWNER’S MEETING
MINUTES:Discussion was held and by MOTION duly made and seconded,it
was unanimously RESOLVED to approve of the Annual Meeting Minutes for
2010.
3.ANNUAL FINANCIAL REPORT REVIEW:Mary Anne reviewed all the
2011 financial reports.She explained in detail the over/under of every line item.
Owners had questions,and were answered in regard to these line items.
4.2012 BUDGET:Discussion was held and by MOTION duly made and
seconded,it was unanimously RESOLVED to approve of the 2012 Budget.
5.PROPERTY MANAGER ANNUAL REVIEW:Michael gave details on the
following items:
a.Overall property condition.
b.Building warranty work being performed.
c.Annual building Test &Inspection reports.
d.Pool area camera surveillance project update.
6.NEW BUSINESS:Mary Anne offered an option to the owner’s to have direct
withdrawal of the HOA quarterly dues.There was no interest from owners at this
time.
An owner showed interest in having more flowers grown in the natural areas
around the property.It was noted to have management spread some wildflower
seed mix around these areas in the spring.
7.ADJOURNMENT:The meeting was adjourned at 4:00 p.m.
MINUTES OF THE DECEMBER 3’,2010
ANNUAL OWNER’S MEETING
VAIL MOUNTAIN VIEW RESIDENCES ON GORE CREEK OWNER’S ASSN.
1.CALL TO ORDER:The meeting was called to order at 3 p.m.by President
Mary Anne Redmond and a quorum was established by roll call with the
following members present:
Mary Anne Redmond-President!via Skype call-in
Charis Patterson-Vice President
Ron Constien-Secretary!Treasurer
Michael Sousa-Association Manager
Mr.David &Joyce Charles!Owner’s #201
Mr.Martin Rootberg!Owner #204
Mr.Chadd Ziegler!Owner representative for Jorge Massa
Mr.Chris Sublette!Owner #104-via Skype call-in
Mrs.Natalie Emerson!Owner #40 1-via Skype call-in
Mr.Dan Wolfe!Owner #3 03-via Skype call-in
There were 10 signed proxy ballots at the time of meeting.
2.CONSIDERATION OF 2009 ANNUAL OWNER’S MEETING MINUTES:
Discussion was held and by MOTION duly made and seconded,it was
unanimously RESOLVED to approve of the Annual Meeting Minutes for 2009.
3.YEAR IN REVIEW REPORT:Michael gave details on the following items:
A.R.A.Nelson warranty items completed in 2010
B.Roof heat tape and fencing additions to property in 2010.
C.Annual building test &inspections completed in 2010.
D.Board of Directors items approved in 2010.
4.PRESENTATION AND ADOPTION OF 2011 ASSOCIATION BUDGET:
Many questions were answered by Mary Anne about certain line items for the
2011 proposed budget.Discussion was held and by MOTION duly made and
seconded,it was unanimously RESOLVED to approve of the 2011 proposed
budget.
There was consensus amongst Owner’s to add Property Manger Revenue to LCE
P&L statement.This line item will show the Property Manager’s billable hours to
Owner’s.
5.OWNER’S PACKET:There was discussion in regards to the 2008 and 2009
Association Audit and by MOTION duly made and seconded,it was unanimously
RESOLVED to approve of the Association audit.
There was discussion held,with questions answered in regards to the Association
Reserve Study and by MOTION duly made and seconded,it was unanimously
RESOLVED to approve the Association Reserve Study.
6.NEW BUSINESS:There was discussion in regards to having the BOD consider
rental use limits for condos.
7.ADJOURNMENT:The meeting was adjourned at 5 p.m.
MINUTES OF THE DECEMBER 4,2009
ANNUAL MEETING OF THE MEMBERS OF
VAIL MOUNTAIN VIEW RESIDENCES ON GORE CREEK OWNER’S ASSN.
1.CALL TO ORDER:
The meeting was called to order at 3:00 p.m.by President Mary Anne Redmond and a
quorum was established by roll call with the following members present:
Mary Anne Redmond -President
Charis Patterson —Vice-President
Ron Constien —Secretary/Treasurer
Mike Connolly —Association Manager
Mary Ferero —Association Manager
Kail Christensen,Lunar Vail (by phone)
Chadd Ziegler,Owner Representative Units 103,203,303,
402,403,406 (by phone)
Kathy Stassen,Owner Unit 304 (by phone)
President Redmond verified with Association Manager that Notice of the Meeting had been
sent by US Mail on November 23,2009,by electronic mail on November 22,2009,and by
posting to the Association website on November 22,2009
2.YEAR IN REVIEW REPORT:Association Manager delivered a review of activity
in 2009 indicating that the first full year of operations had gone relatively smoothly.Most
remaining warranty issues were minor,though there was still an outstanding issue with the
snowmelt system that was being looked at.Shutting the common area pooi and hot tub down
during periods of limited to no occupancy in the spring and fall had saved the association
sizeable amounts on utility bills and it was recommended that this practice be repeated unless
owners objected.Similarly,landscaping services were handled by the association manager
this summer since the requirement was minimal This resulted in savings versus the budget
and it was anticipated that this could be repeated in 2010 The lack of occupancy in general
had made the complex very straightforward to manage
3.CONSTRUCTION UPDATE AND WARRANTY REPORT:Ron Constien
delivered this report clarif’ing that original construction warranties were due to begin
running out in December 2009 and urging that any outstanding issues be accurately input to
the General Contractor’s web-based system for managing warranty requests.All other
General Contractor tasks/punch list work with respect to common area matters was either
complete or scheduled to be completed by December 18,2009.The General Contractor was
still working on warranty issues associated with unit 201.
4.PRESENTATION AND ADOPTON of 2010 ASSOCIATION BUDGET:
President Redmond presented the 2010 Association Budget,adopted by the Association’s
Board of Directors at a meeting held on November 16,2009 and which had been supplied to
all owners along with notice of this meeting and which had been published to the
Association’s website.No objection was made to the budget presented and it was therefore
duly adopted by the membership.
5.NEW BUSINESS:Peak Properties informed the members that effective December
31,2009 it would no longer be providing Association Management of Physical Maintenance
services to the Association.
7.ADJOURNMENT:The meeting was adjourned at 4:00 p.m.
Statements contained herein are a summary representation of discussions that occurred
during the December 4,2009 Annual Members Meeting,and unless otherwise stated or
specified,are not meant to include verbatim dialogues that occurred.In addition,statements
made by individual Board Members included herein do not necessarily reflect the position or
opinion of the Vail Mountain View Residences on Gore Creek Owners Association.Finally,
these minutes can not be considered absolute unless and until the Board of Directors reviews
and approves such Minutes at the next scheduled meeting.
ORGANIZATIONAL CONSENT MINUTES OF
VAIL MOUNTAIN VIEW RESIDENCES ON GORE CREEK OWNERS’
ASSOCIATION,INC.
IN LIEU OF FIRST MEETING
Pursuant to Section 7-122-105 of the Colorado Revised Nonprofit Corporation Act,the
undersigned,being the sole owner of the Units in the Vail Mountain View Residences on Gore
Creek and all of the members of the Board of Directors of Vail Mountain View Residences on
Gore Creek Owners’Association,Inc.,a Colorado nonprofit corporation,(the “Association”),
organized under the Condominium Declaration for Vail Mountain View Residences on Gore
Creek,as recorded in the real property records of Eagle County,Colorado (the “Declaration”),
acting at the call of the incorporator,do hereby consent to the actions hereinafter set forth,taken
or to be taken by the Association,and do hereby direct the secretary to file this consent with the
minutes of said Association.
RESOLVED THAT:
1.The following persons are elected members of the Board of Directors of the
Association and shall hold the respective offices set before their names to serve until the first
annual meeting of the Board of Directors and until their respective successors are elected and
qualified:
President Mary Anne Redmond
Vice President Charis Patterson
Secretary/Treasurer Ron Constien
2.The Certificate of Incorporation of the Association issued by the Colorado
Secretary of State shall be placed in the minute book,together with the Articles of Incorporation
(copies of which are attached hereto).
3.The Bylaws,in the form attached hereto be,and they hereby are,adopted as the
Bylaws of the Association,and a copy of such Bylaws shall be placed in the Association’s
minute book.
4.The Vail Mountain View Residences on Gore Creek Rules and Regulations,in the
form attached hereto be,and they are hereby adopted as the Vail Mountain View Residences on
Gore Creek Rules and Regulations.
5.Colorado Capital Bank is designated as a depository of the Association,and each
officer and agent of the Association is authorized to deposit any of the funds of the Association
in that institution and that the customary forms of resolution of such bank conferring banking
and borrowing authority upon certain of the Association’s officers are hereby adopted and
approved in all respects.A copy of such resolutions shall be placed in the Association’s minute
book;
6.A checking account shall be opened and maintained in the name of the
Association with Colorado Capital Bank,and the Treasurer is authorized,on behalf of this
B IT
I
Association and in its name:to sign checks,drafts,notes,bills of exchange,acceptances or other
orders for the payment of money from said account;to endorse checks,notes,bills,certificates of
deposit or other instruments,owned or held by the Association for deposit in said bank;to accept
drafts,acceptances and other instruments payable at said bank;and to waive demand,protest,
and notice of protest,or dishonor of any check,note,bill,draft or other instrument made,drawn
or endorsed by the Association.
The following officers and agents are authorized signatories on the accounts of the
Association,subject to any restrictions on withdrawal or checks drawn set forth in the
Condominium Documents or the Management Agreement:
President Mary Anne Redmond
Vice President Charis Patterson
Secretary/Treasurer Ron Constien
Managing Agent Michael J.Connolly,on behalf of the Managing
Agent
A special account will be established with Colorado Capital Bank,into which all amounts
collected for reserves for capital replacements will be deposited.Copies of the bank
reconciliation statement will be sent to the Treasurer.Withdrawals from the account shall be
subject to the related provisions of the Responsible Governance Policies.
7.There is no general counsel to the Association.Until the Association selects
counsel,special matters will be referred to counsel for the Declarant on a case-by-case basis.
Declarant’s counsel will act under the Declarant’s control.Special counsel for the Declarant
who will serve in this capacity is Ballard Spahr Andrews &Ingersoll,LLP,of Denver,Colorado
(“Attorney”).It is recognized that,because Attorney is counsel for the Declarant,a conflict of
interest may exist.If a conflict occurs in a specific instance,it is expected that Attorney will act
in every respect in favor of the interest of the Declarant.In such event,it is expected that
Attorney will withdraw from representation of the Association,and in all circumstances,
confidences and privileged information obtained on behalf of the Declarant will remain
confidential and privileged.
8.The fiscal year of the Association shall be the calendar year.The Managing
Agent shall obtain a federal taxpayer identification number for the Association,and the
Managing Agent shall be responsible for ensuring that any required tax returns are filed.
9.The Secretary is authorized and directed to maintain a roll book of the names of
Owners and Eligible First Mortgagees (as defined in the Declaration)and other records required
to be maintained by the Association.
10.The Budget for Common Expenses,attached hereto,as set forth in the
Declaration,is adopted and ratified pursuant to Section 303 of the Colorado Common Interest
Ownership Act.
11.The Assessments for Common Expenses shall commence on the sale of the first
Unit and shall be allocated to the Units as provided in the Declaration.
2
12.The initial Schedule of Fees and Fines as attached hereto is hereby adopted.
13.Peak Corporate Holdings,LLC is designated as the Managing Agent,and the
President is directed to execute the Management Agreement in the form attached.
14.The Responsible Governance Policies of Vail Mountain View Residences on
Gore Creek Owners’Association,Inc.,in the form attached hereto be,and they hereby are,
adopted by the Association.
15.The proper officers of the Association are hereby authorized and directed to
appoint and substitute all necessary agents or attorneys for service of process,to designate and
change the location of any or all statutory offices,to pay all fees,taxes and assessments,and
under the corporate seal or otherwise to make and file or cause to be filed all necessary
applications,certificates,reports,powers of attorney and such other instruments as may be
required for the purpose of authorizing the Association to do business in any state,territory,or
dependency of the United States,or foreign country in which it is necessary or expedient for the
Association to transact business,and to withdraw therefrom or to revoke any appointment of any
agent or attorney for service of process,and to file or cause to be filed such applications,
certificates,reports or surrender of authority of the Association to do business in any such state,
territory,dependency or country.
Dated to be effective as of the day of
_________________,
2008,notwithstanding the
actual date of signing.
SOLE OWNER OF THE UNITS:
Lunar Vail,LLC,a Colorado limited liability
company
By:
_______
Name:
_______
Title:
________
DIRECTORS:
Mary Anne Redmond,President
Charis Patterson,Vice President
Ron Constien,Secretary/Treasurer
3
CERTIFICATE OF INCORPORATION
and
ARTICLES OF INCORPORATION
[See Attachedi
BYLAWS
[See Attached]
RULES AND REGULATIONS
[See Attachedi
BUDGET
[See Attachedj
SCHEDULE OF FEES AND FINES
[See Attached]
RESPONSIBLE GOVERNANCE POLICIES
[See Attachedj
MANAGEMENT AGREEMENT
ISee Attachedj
CONSENT M ‘E’TES s LiEU OF ErG:tNGONTA’N V(FW RESDENCFS ON GORE CREEK OWNERX’
ASSOCIATION,INC.
ADOPTION OF RULA REGARDING ASSGNED PARKING
The undersig d.hetng all at toe members at’the Board of Directors of Vail MountainViewResidencesonGore(‘reck O\sners’Association.inc a (oorado muiprolit corporation.(the Associatioa”).organized under the Condommwm Occiaration fbr Vail Mountain VicvResidencesonGoreCreekasrecordedintherealpropertyrecordsofhagle(ounty.Colorado(the “Dee atiii’l.acting at the call of the President,do hereby consent to the actionshereinaftersetftwth.taken by the Board fdr tl’e ssoeiation.and do hereby direct the secretary to01ethiscorsc—nt u oh the mtnutes of the /ssuclation cod i om ide a cops of thts consent to the(ls neis or to otner\\sc tse ihc O cci s 01 the edop’ion of’the °arkine Rule described herein(apiiahic COt S usee hut undencec lcrcio shi(has e tt:c Peanings given them in the
Sectror ‘i 3 cit the Associations P ales and Reeiiificcv;proc ices that “Ige ‘\ssociatiornowsjeppaacclo’parking spaces (other than (ices Spces)to particular Residenital Untsardcostsgn’r.tdicating that suca asgried spaces arc rcsers ed fbr suh Residential I flits:‘hc Assocalion has posted stgnagc 1ssenng such spaces una the Board desires to formalizesuchpa:’ki’g assywtn’ents through the adaption of the Parking Ruie descrhed helms
,therefore.he it RESO)VED THAI’
I c parking spaces in the Residential Part’ing Area (as defined itt the Rules andRegulations)are hereby assigned to particulat Residential I nits in accordance with the ParkingMapattachedheretoasboAsuchthattheOssnersandOccupantsoftheResidentialUnitsdettfiedlivnumhetontheParkingMaoshallhasetheeselusive’right to park in the space(s)soidennfieOandtheBoardwiltnotrtoassignparkingspacesccithouttheconsentoftheowner(s)ofanyResidentialnts)affected by such re assignment tihe “°n;kirtft Rule”).I his Parking Rulei5he”eb’c acopied as a suoplernent to the Rules ann Regalatii.rns and shaE hereafter he deemed toheupailofthePtlesandRegulations.
\nd he tt further RESOi,eED’tlA
(clan’paikoig spaces fl Residentiat Parking Area (as defined in the Rules andRegulattons)re not yet assigned.and the Board may assign such spaces.in whole or in part,byfutureactionorresolution
ron:.ry nn 9704786747 0211/2O09 i558 p692 P002/002
L)aed to be effective a of the J(day of 2009,notwithstanding theectualdaeofSigtiflg/
D1RECTOR
-
?viary Anne Red President
Chari Pa’tkson.Vice President
7LRonConsticn,Secretary/Treasurer
2
a8CvEf4LL_FLANSTOAE_LOCKERSMOUN4JNVIEW
CONSENT MINUTES IN LIEU OF MEETINGVAILMOUNTAINVIEWRESIDENCESONGORECREEK OWNERS’
ASSOCIATION,INC.
ADOPTION OF RULE REGARDING ASSIGNED PARKING
The undersigned.being all of the members of the Board of Directors of VailMountainViewResidencesonGore(‘reek Owners’Association.Inc..a Coloradononprofitcorporation.(the °AssoclafloC).organized under the CondominiumDeclarationforVailMountainViewResidencesonGoreCreek.as recorded in the realpropert)records of Eagle County.Colorado (the “Declaration”),acting at the call of thePresidentdoherebyconsenttotheactionshereinafiersetforth.taken by the Board fortheAssociation,and do hereby direct the secretary to file this consent with the minutes oftheAssociationandtoprovideacopyofthisconsenttotheOwnersortootherwiseadvisetheOwnersoftheadoptionoftheParkingRuledescribedherein.CapitalizedtermsusedbutundefinedhereinshallhavethemeaningsgiventhemintheDeclaration.
RESOLVED THAT:
The Parking Map.as adopted as part of that Parking Rule adopted on February Il.2009.is hereby replaced with the attached Parking Map.which assigns previouslyunassignedparkingspacestoUnits301and302.The Parking Rule as previouslyadoptedremainsinfullforceandeffect,but all references to the Parking Map shall bedeemedtomeantheParkingMapattachedheretoanddatedasofthedateofthisConsent.
Dated to be effective as of the 44L day of -—,2009.notwithstanding the actual date of signing.
DIRECTORS:
Mary Anne Redmond.President
Chafs Patterson.Vice President
Ron Constien.Seeretary’Treasurer
CONSENT MINUTES IN LIEU OF MEETING
VAIL MOUNTAIN VIEW RESIDENCES ON CORE CREEK OWNERS’
ASSOCIATION,INC.
ADOPTION OF RULE REGARDING ASSIGNED PARKING
The undersigned.being all of the members of the Board ot Directors of Vail
Mountain View Residences on Gore Creek Owners’Association,Inc..a Colorado
nonproht corporation.(the “Association”),organized under the Condominium
Declaration for Vail Mountain View Residences on Gore Creek.as recorded in the real
property records of Eagle County.Colorado (the ‘i)eclaration”).acting at the call of the
President.do hereby consent to the actions hereinafter set forth,taken by the Board for
the Association,and do hereby direct the secretary to file this consent with the minutes of
the Association and to provide a cop\of this consent to the Owners or to otherwise
advise the O\\ners of the adoption of the Parkinu Rule described herein.Capitalized
terms used but undefined herein shall have the meanings given them in the Declaration.
RESOLVED THAT:
The Parking Map,as adopted as part of that Parking Rule adopted on February 11.
2009 and revised on April 20.2009.is hereby replaced with the attached Parking Map.
which assigns previously unassigned parking spaces to Units 101,102.104.1 05.201.
401 and Guest Parking.and changes the assigned parking spaces of units 303 and 403.
The Parking Rule as previously adopted remains in full force and effect,but all
references to the Parking Map shall he deemed to mean the Parking Map attached hereto
and dated as of the date of this Consent.
Dated to he effective as of the day of
________
2010.
notwithstanding the actual date of signing./
DIRECTORS:
i\’larv Anne Redmond.iiTènt
Charis tterson.Vice President
Ron Constien.Secretary/Treasurer
MINUTES OF THE MAY 29,2009
MEETING OF THE BOARD OF DIRECTORS
VAIL MOUNTAIN VIEW RESIDENCES ON GORE CREEK OWNER’S ASSN.
1.CALL TO ORDER:
The meeting was called to order at 3:02 p.m.by President Mary Anne Redmond and a
quorum was established by roll call with the following members present:
Mary Anne Redmond -President
Charis Patterson —Vice-President
Ron Constien —Secretary/Treasurer
Mike Connolly —Association Manager
Also Attending:
David Keller,Owner unit 202,by telephone
2.CONSIDERATION OF PREVIOUS MINUTES:As this was the first meeting
there were no minutes to review.
3.VENDOR/OWNER INPUT:Mr.Keller commented on the following:
•Landscaping around the building looked good and the general condition of the exterior looked
good.
•Pleased to know that pool furniture was being purchased and would be in place within a week or
so.
•Requested that any changes to access codes be communicated immediately to Owners
4.REPORTS OF OFFICERS:
•Treasurer -Qi 2009 Financial Statements were reviewed and discussed.It was agreed that
most of the variances were likely due to the fact that the budget was spread evenly over 12
months which did not take into account the seasonality of certain expenses.The Boar President
agreed to work with Association Manager and the Association’s accounting service to produce a
more realistic budget spread so that future variance reporting would be more meaningful.
•President —The unauthorized use of the pool and hot tub was discussed.The Association
Manager indicated that the problem was created by guests of the adjacent Apollo Park mostly
seeking to use the hot tub as their pooi facility does not have one.When Association
Management staff are on site and determine that non-Mountain View residents or guests are
using the pool/hot tub facility they are politely explaining that their use is not authorized and
requesting them to leave immediately.Procedures are now in place for staff to call the local
police should unauthorized users refuse to leave and/or become belligerent.Any incident of this
nature is reported to the Apollo Park property managers,and they are taking the initial step of
informing all guests upon check-in that the Mountain View facilities are off limits.
•Association Manger —Schedules for common area cleaning,landscaping,unit inspections,
pool/hot tub operating hours,and overall site coverage were discussed.There was limited
planned occupancy of the building until mid-June so the pool/hot tub would only be brought
back to useable temperatures by that point in order to continue to conserve energy and save
utility costs.
•Construction —It was acknowledged that RA Nelson still had punch list and warranty work to
complete but that based on their schedule it seemed likely that they would be substantially
complete by the end of June.
5.NEW BUSINESS:
By motion duly made and seconded it was unanimously
RESOLVED to ratify the Organizational Consent Minutes which established the Association at the
time of the initial sale closing.
Also
RESOLVED to ratify the Adoption of the Rule Regarding Parking which stipulates that no assigned
parking spaces can be re-assigned without permission of the current assignee.
Also
RESOLVED to permit Association Manager to spend not more than $1,600.00 on furniture and
related equipment for the pool deck area and such expenditure to be made from the Association’s
capital budget.
6.OTHER BUSINESS —no other business was brought before the meeting.
7.ADJOURNMENT:The meeting was adjourned at 4:03 p.m.
Statements contained herein are a summary representation of discussions that occurred during the May
29,2009 Board Meeting,and unless otherwise stated or specified,are not meant to include verbatim
dialogues that occurred.In addition,statements made by individual Board Members included herein do
not necessarily reflect the position or opinion of the Vail Mountain View Residences on Gore Creek
Owners Association.Finally,these minutes can not be considered absolute unless and until the Board of
Directors reviews and approves such Minutes at the next scheduled meeting.
MINUTES OF THE MARCH 23,2010
MEETING OF THE BOARD OF DIRECTORS
VAIL MOUNTAIN VIEW RESIDENCES ON GORE CREEK OWNER’S ASSN.
1.CALL TO ORDER:
The meeting was called to order at 10:00 a.m.by President Mary Anne Redmond and a
quorum was established by roll call with the following members present:
Mary Anne Redmond —President
Charis Patterson —Vice President
Ron Constien —Secretary/Treasurer
Michael Sousa —Association Manager
Dave &Pam Keller —Owners #202
Marty Rootberg —Owner #204
Chadd Ziegler —Owner Jorge Massa Representative
Fernando Cisneros —Owner #403 —via skype call-in
2 CONSIDERATION OF PREVIOUS MINUTES Discussion was held and by
MOTION duly made and seconded it was unanimously RESOLVED to approve
of the Board Meeting minutes of December 4th 2009.
3.QUARTERLY REVIEW FINANCIAL REPORT -Mary Anne explained the
slight over budget expense for repair/maintenance due to plumbing leak at heater
in lower garage.
Mary Anne also noted that due to the hinng of new Association Manager certain
budget items will become more streamlined in the future
4 ASSOCIATION MANAGER UPDATE —Michael gave update,and discussion
was held in regards to the following
a Boiler/snowmelt updated warranty
b.Manager executed Schindler Elevator for contract maintenance.
c.Noted that pool/spa maintenance,and common area cleaning are no longer
contracted to outside vendor.These are duties of new manager.
d.Contractor Bids were given to BOD by manager for Fire/Sprinkler T &I,
Annual Boiler maintenance,and HOA Reserve study.
e.Discussion held to no longer contract vendor to perform garage cleaning,
and summer landscaping.
5.NEW BUSINESS —Discussion was held and by MOTION duly made and
seconded to approve contract to Alliance Mechanical Inc.to perform the
Fire/Sprinkler Annual Test &Inspection this spring.
Discussion was held and by MOTION duly made and seconded to approve the
purchase of a pressure washer,lawnmower,and trimmer for use by the
Association Manager.
Discussion was held and by MOTION duly made and seconded to approve
owners’use of Vail Mountain View Residences HOA P.O.Box for mail.This
may not be used as Owners’primary mailbox.Manager to pick-up mail once a
week.
6.OTHER BUSINESS —Pam Keller asked about Owners that have outstanding
HOA dues.Mary Anne clarified on points and concern,that BOD is dealing with
these owners.
Dave Keller asked about reserve study;Mary Anne and Michael explained
purpose and time frame of the study for the HOA.
Other items that were discussed are as follows
a Manager to get price quotes for next meeting on following items
Elevator pads (foi moving)luggage carts,garbage can/ashtray (pool area)
close hooks (pool area),wireless internet for entire building.
7.ADJOURNMENT:The meeting was adjourned at 11:30 a.m.
Statements contained herein are a summary representation of discussion that occurred
during the March 23,2010 Board Meeting,and unless otherwise stated or specified,are
not meant to include verbatim dialogues that occurred In addition statements made by
individual Board Members included herein do not necessarily reflect the position oi
opinion of the Vail Mountain View Residences on Gore Creek Owners Association
Finally these minutes can not be considered absolute unless and until the Board of
Directors reviews and approves such Minutes at the next scheduled meeting
MINUTES OF THE NOVEMBER 16,2009
MEETING OF THE BOARD OF DIRECTORS
VAIL MOUNTAIN VIEW RESIDENCES ON GORE CREEK OWNER’S ASSN.
1.CALL TO ORDER:
The meeting was called to order at 3:00 p.m.by President Mary Anne Redmond and a
quorum was established by roll call with the following members present:
Mary Anne Redmond -President
Charis Patterson —Vice-President
Ron Constien —Secretary/Treasurer
Mike Connolly —Association Manager
Kail Christensen,Lunar Vail
2.CONSIDERATION OF PREVIOUS MINUTES:Discussion was held and by
MOTION duly made and seconded,it was unanimously
RESOLVED to approve of the Board Meeting minutes of October 9,2009.
3.VENDORJOWNER INPUT:None
4.REPORTS OF OFFICERS:None
5.NEW BUSINESS:
The 2010 association budget was presented to the board and reviewed in detail on a line by
line basis.It was noted that increased maintenance costs were due to the fact that original
warranties were set to begin expiring and certain service contracts would therefore need to be
put in place that were not necessary in 2009 Several line items were identified as targets for
potential cost savings.Discussion was concluded and by MOTION duly made and seconded,
it was unanimously
RESOLVED The board accepted the proposed $316,251 operating budget for 2010 and
the proposed addition to capital reserves of $60,000 in 2010.(copies of the budget and
unit breakdown are attached)
6.OTHER BUSINESS
Discussion was conducted,concluded and by MOTION duly made and seconded,it was
unanimously
RESOLVED the board set the date,time,and location for the Annual Meeting of
Association Members to be Friday,December 4,2009 at 3PM at the conference room in the
Town of Vail Public Library,and that the Association Manager is instructed to send all
relevant material to association members no later than November 22,2009 in order to
comply with statutory meeting notice requirements.
7.ADJOURNMENT:The meeting was adjourned at 5:00 p.m.
Statements contained herein are a summary representation of discussions that occurred during the
November 16,2009 Board Meeting,and unless otherwise stated or specified,are not meant to include
verbatim dialogues that occurred.In addition,statements made by individual Board Members included
herein do not necessarily reflect the position or opinion of the Vail Mountain View Residences on Gore
Creek Owners Association.Finally,these minutes can not be considered absolute unless and until the
Board of Directors reviews and approves such Minutes at the next scheduled meeting.
MINUTES OF THE OCTOBER 9,2009
MEETING OF THE BOARD OF DIRECTORS
VAIL MOUNTAIN VIEW RESIDENCES ON GORE CREEK OWNER’S ASSN.
1.CALL TO ORDER:
The meeting was called to order at 3:00 p.m.by President Mary Anne Redmond and a
quorum was established by roll call with the following members present:
Mary Anne Redmond -President
Charis Patterson —Vice-President
Ron Constien —Secretary/Treasurer
Mike Connolly —Association Manager
Carol Krueger —Association Legal Counsel
Also Attending:
Kail Christensen,Lunar Vail,by telephone
2.CONSIDERATION OF PREVIOUS MINUTES:Discussion was held and by
MOTION duly made and seconded,it was unanimously
RESOLVED to approve of the Board Meeting minutes of May 29,2009.
3.VENDORJOWNER INPUT:None
4.REPORTS OF OFFICERS:
•Treasurer —Year to date Financial Statements were reviewed and discussed.It was agreed that
most of the variances were likely due to the fact that the budget was spread evenlPer the
i ecommendation from the May 29,2009 Board Meeting the budget was re-spread to take into
account the seasonality of expenses.As a result,the financials indicated that the Association’s
costs to date are well within the existin budget Though utility costs particularly gas would be
difficult to accurately forecast for the 4 quarter the Association Manager felt strongly that these
costs could be in excess of the annual budget for the specific line items,but would not be over
sufficiently to cause a deficit in the Association’s funding.Several other line items were coming
in below their originally anticipated levels to offset overages in utilities.It was also discussed
that the gas expense related to the individual units was so minimal as to not warrant its allocation
out to owners in 2009.The Board agreed to monitor this situation in the future and reserve the
right to make future allocations.
•President —The Board President yielded time to the Association Manager
•Association Manger —Winterization processes are in place.Snowmelt systems were being
tested and re-set.Irrigation lines had been blown out.As with the spring shoulder season,
temperatures in the common area pool &hot tub were turned down to save energy and will be
turned back up during the week of November 16,unless occupancy prior to that time required
them to be turned up.
•Construction —It was acknowledged that RA Nelson still had punch list and warranty work to
complete.
5.NEW BUSINESS:
•The owners of Unit 406,through their real estate broker Chadd Ziegler,petitioned the Board to
grant an exception to the rule prohibiting rental tenants from having pets.After lengthy
discussion and by motion duly made and seconded it was unanimously
RESOLVED The board would approve a tenant having two dogs subject to the
following conditions:
1.The lease must be greater than 90 days
2.The tenant of owner shall deposit $5000 with the association as a security deposit
for the length of the lease
3.The owner of the unit shall additionally indemnify the association for all claims,
damages and costs incurred as a result of the pets
4.Tenant remains subject to all condominium documents,including rules relating to
noise,clean up,and other nuisance.Owner shall furnish a copy of the rules to
tenants Owner shall be liable to the association for any violations
6.OTHER BUSINESS
•Mail and Package Delivery to the complex were discussed.Some owners had expressed an
interest in being able to receive mail on site,and in creating a more secure method for package
deliveries from UPS and Federal Express.The Association Manager indicated that he would
investigate the use of the Associations P0 Box to accept mail which would then be delivered
by Peak staff,and the use of Peak’s office for secure receipt of UPS and Federal Express
packages.
•The President requested that Association Manager obtain bids for reserve studies to be
reviewed by the Board at its next regular meeting
•Carol Krueger informed the Board that according to the governing documents,the initial
Annual Meeting was required to take place within 1 year of the legal establishment of the
Association.This requirement imposed a deadline for the Annual Meeting of no later than
December 5,2009.
o It was tentatively agreed that there would be a special meeting of the Board on Friday,
November 13,2009 to adopt the 2010 operating and reserve budget for the Association.
7.ADJOURNMENT:The meeting was adjourned at 4:30 p.m.
Statements contained herein are a summary representation of discussions that occurred during the
October 9,2009 Board Meeting,and unless otherwise stated or specified,are not meant to include
verbatim dialogues that occurred.In addition,statements made by individual Board Members included
herein do not necessarily reflect the position or opinion of the Vail Mountain View Residences on Gore
Creek Owners Association.Finally,these minutes can not be considered absolute unless and until the
Board of Directors reviews and approves such Minutes at the next scheduled meeting.
MINUTES OF THE JULY 2ND,2010
MEETING OF THE BOARD OF DIRECTORS
VAIL MOUNTAIN VIEW RESIDENCES ON GORE CREEK OWNER’S ASSN.
1.CALL TO ORDER:
The meeting was called to order at 10:30 a.m.by President Mary Anne Redmond
and a quorum was established by roll call with the following members present:
Mary Anne Redmond —President
Charis Patterson —Vice President
Ron Constien —Secretary/Treasurer
Michael Sousa —Association Manager
Dave &Kathy Stassen —Owners #304
Michael Rootberg —Owner #301
2.CONSIDERATION OF PREVIOUS MINUTES:Discussion was held and by
MOTION duly made and seconded,it was unanimously RESOLVED to approve
of the Board Meeting minutes of March 23’’,2010.
3.QUARTERLY REVIEW FINANCIAL REPORT:Mary Anne reviewed
reports with everyone present,and then answered questions from owners.It was
noted that the Association budget has a surplus.
4.ASSOCIATION MANAGER UPDATE:Michael gave update,and discussion
was held in regards to the following:
a.RANA has identified leaks in the plaza area leaking into owner’s garage,
and will be working on repairing those this fall.
b.Plumbing work has been completed in the unit affected by water
hammering.
c.RANA has completed 90%of work on getting the snowmelt system back
to 100%operation.This is scheduled to be completed this summer.
d.In the process of acquiring bids to add gutters/downspouts at the 6 dormer
roofs,which will include extending heat tape.The work will be
completed this fall.
e.Exterior window cleaning will be scheduled this month.
f.SHC has replaced 2 Aspen trees,and repaired a few leaks under existing
warranty.
g.Michael has completed the power washing of Owner’s garage,north
garage,driveway,and owner’s entrance.
h.RANA,along with determined party contractors are scheduled to
resolve heating issues in the affected unit.
i.Common area Boiler/FCU’s will be scheduled for annual maintenance to
be performed this fall.
j.Elevator pad quotes,and luggage cart quotes were acquired for BOD
approval.
k.A bear proof garbage can has been placed at pool area,and clothes hooks
installed on fence near hot tub.
1.Michael will be painting dormer fascia where damaged occurred from
icicles.
5.NEW BUSINESS:Discussion was held and by MOTION duly made and
seconded to approve contract to Borne Engineering Inc.to perform reserve study
(20 year forecast)for HOA.
Discussion was held and by MOTION duly made and seconded to approve the
purchase of one set elevator pads,and 2 luggage carts.
Mary Anne advised everyone of the required audit for the HOA financials.This
will be performed August 9-11,2010.
6.OTHER BUSINESS:
-Discussion was held to adjust the elevator doors to close faster.
Discussion was held that the interior garage door be set to stay
open longer,to allow more time to enter
-Discussion was held to look into getting more visible signage for
the entrance to property.Advised it is difficult for people to find
building.
-Discussion was held to get more informationlestimates to install
wireless internet for the entire building.
7.ADJOURNMENT:The meeting was adjourned at 12:00 p.m.
MINUTES OF THE AUGUST 16TH,2011
MEETING OF THE BOARD OF DIRECTORS
VAIL MOUNTAIN VIEW RESIDENCES ON GORE CREEK OWNER’S ASSN.
1.CALLTOORDER:
The meeting was called to order at 10:30 a.m.by President Mary Anne Redmond
and a quorum was established by roll call with the following members present:
Mary Anne Redmond —President
Charis Patterson —Vice President
Ron Constien —Secretary/Treasurer
Michael Sousa —Association Manager
Mr.Michael Rootberg —Owner #301
2.CONSIDERATION OF PREVIOUS MINUTES:Discussion was held and by
MOTION duly made and seconded,it was unanimously RESOLVED to approve
of the Board Meeting minutes of March 29,2011.
3.QUARTERLY FINANCIAL REVIEW:Mary Anne reviewed financial reports
with all present and answered questions.She pointed out that repair &
maintenance,pool &spa,and management line items are under budget.
Furthermore,made notice that electric and gas utility line items were over budget
due to owner occupancy increase and record snowfall.Elevator was over budget
due to the 2010 last quarter invoice being paid in 2011.All other line items
looked normal.
4.ASSOCIATION MANAGER UPDATE:Michael gave update,and discussion
was held in regards to the following:
a.Reviewed 2011 Fire Sprinkler Test &Inspection reports.
b.Discussed building warranty work being performed.
c.Electrical room fire report.
d.Landscape update.
e.Manager suggestions to improve safety and function of building.
5.NEW BUSINESS:
a.Discussion was held and by MOTION duly made and seconded,it was
unanimously RESOLVED to approve the east gutter heat tape
improvement.This will utilize the system to be more efficient.
b.Discussion was held and by MOTION duly made and seconded,it was
unanimously RESOLVED to approve the installation of Ballards at the
garage door entry keypads,as protection from vehicles.
6.OTHER BUSINESS:
a.Discussion was held in regards to Rules &Regulations of rental condos in
the building.The management and the BOD are trying to get a consensus
if the owners would like to see any changes in this matter.
b.It was discussed to have garage door openers available to owners.Please
Contact Michael to arrange purchasing a opener.
7.ADJOURNMENT:The meeting was adjourned at 12:00 p.m.
MINUTES OF THE MARCH 29TH,2011
MEETING OF THE BOARD OF DIRECTORS
VAIL MOUNTAIN VIEW RESIDENCES ON GORE CREEK OWNER’S ASSN.
1.CALL TO ORDER:
The meeting was called to order at 11:15 a.m.by President Mary Anne Evans and a
quorum was established by roll call with the following members present:
Mary Anne Evans —President
Charis Patterson —Vice President
Ron Constien —Secretary/Treasurer
Michael Sousa —Association Manager
Ron Byrne -VMVR Developer
Michael Connelly-Peak Properties
Karen Lampi-Owner #302 via-Skype
Kathy Stassen —Owner #304 via-Skype
2.CONSIDERATION OF PREVIOUS MINUTES:Discussion was held and by
MOTION duly made and seconded,it was unanimously RESOLVED to approve
of the Board Meeting minutes of November 5,2010.
3.QUARTERLY FINANCIAL REVIEW:Mary Anne reviewed report with
everyone present and answered questions.She explained that some line items
(gas utility,management wage)were over budget,but that these would balance by
year end.She also explained that other line items (elevator,roof)were under
budget due to management control.
Mary Anne updated that the #201 insurance claim has been settled,and the
restoration has been completed.
Mary Anne advised that there are no delinquent HOA dues at this time.
4.ASSOCIATION MANAGER UPDATE:Michael gave update,and discussion
was held in regards to the following:
a.The snow-melt system has been working well around entire property
throughout the winter.Michael has made some adjustments to controls for
efficiency purposes.There have been no indications of glycol loss.
b.The fire alarm system has been set off in condos this winter,and Michael
described how system works,also the protocol in place for management
response.
c.The pooi cover was damaged,and is now repaired.We are moving
forward with installing locks on pooi gates,and estimates for surveillance
at pooi area.
d.Michael will be looking for water barrier leaks in garages,etc.,as we go
into springtime.If any are discovered,RANA will be notified to resolve.
5.NEW BUSINESS:Discussion was held in regards to condo rental policy.Mary
Anne outlined the specific policy in the HOA declarations for all to understand.
Mary Anne asked if the owners would like to form a committee to further discuss
the rental policy.It was declined at this time.
6.OTHER BUSINESS:Michael submitted estimates for the pool area surveillance
system to the BOD.
Michael has given info to owners for cell phone boosters that set-up in the
condos.This will resolve the inadequate cell phone coverage inside the condos.
This can be done on an owner to owner basis.
7.ADJOURNMENT:The meeting was adjourned at 12:15 p.m.
MINUTES OF THE APRIL 27TH,2012
MEETIING OF THE BOARD OF DIRECTORS
VAIL MOUNTAIN VIEW RESIDENCES ON GORE CREEK OWNER’S ASSN.
1.CALL TO ORDER:
The meeting was called to order at 3:30 p.m.by President Mary Anne Redmond
and a quorum was established by roll call with the following members present:
Mary Anne Redmond —President
Charis Patterson —Vice President
Jack Hunn —Secretary/Treasurer
Michael Sousa —Association Manager
Mr.Dan Wolfe —Owner #303
Everyone was present via conference call except Michael Sousa.
2.CONSIDERATION OF PREVIOUS MINUTES:Discussion was held and by
MOTION duly made and seconded,it was unanimously RESOLVED to approve
of the Board Meeting Minutes of November 1 2011.
3.QUARTERLY FINANCIAL REVIEW:Mary Anne reviewed all quarterly
financial reports and explained any over/under on each line item.It was noted
that the association is expected to see a 20%savings on the gas utility expense
going forward.
4.ASSOCIATION MANAGER UPDATE:Michael gave the 2011/2012 winter
Review,and the Spring review in regards to the following:
a.Winter occupancy
b.Office/computer repair,security/door system.
c.Pool cover damage
d.Manager suggestion to install wainscoat at elevator entry areas.
e.Update on quarterly maintenance and building T &I.
5.NEW BUSINESS:
a.Discussion was held and by MOTION duly made and seconded,it was
unanimously RESOLVED to approve the request of Owner Chris
Sublette to create a flower bed outside the condo on south side of
building.
6.OTHER BUSINESS:
7.ADJOURNMENT:The meeting was adjourned at 4 p.m.
MINUTES OF THE NOVEMBER 10TH 2011
MEETING OF THE BOARD OF DIRECTORS
VAIL MOUNTAIN VIEW RESIDENCES ON GORE CREEK OWNER’S ASSN.
1.CALL TO ORDER:
The meeting was called to order at 10:00 a.m.by President Mary Anne Redmond
and a quorum was established by roll call with the following members present:
Mary Anne Redmond —President
Charis Patterson —Vice President
Ron Constien —Secretary/Treasurer
Michael Sousa —Association Manager
Jack Hunn —Consultant
Ron Byrne —Developer
Mr.Dan Wolfe —Owner #303 (conference call-in)
Mike Connelly —Triumph Mtn.Properties (conference call-in)
2.CONSIDERATION OF PREVIOUS MINUTES:Discussion was held and by
MOTION duly made and seconded,it was unanimously RESOLVED to approve
of the Board Meeting minutes of August 16th 2011.
3.QUARTERLY FINANCIAL REVIEW:Mary Anne reviewed financial reports
with all and answered questions.She noted that the gas utility was over budget
due to occupancy increase,record snowfall,and rate increase per thermal unit.
The elevator was over due to the extra payment made in 2011.All other line
items looked normal.
Mary Anne gave the 2012 Budget presentation.She noted there would be no
HOA dues increase.Also noted was that there were more line item decreases
than increases for 2012.Discussion was held,and budget was approved to be sent
to owners for the Annual meeting.
4.ASSOCIATION MANAGER UPDATE:Michael gave update,and discussion
was held in regards to the following:
a.Reviewed Fire Alarm System Test &Inspection reports.
b.Pool surveillance project to start and be completed by Nov.24.
c.Minor roof/stucco repairs are in process of being completed at no cost to
the HOA.
5.NEW BUSINESS:
a.Discussion was held and by MOTION duly made and seconded,it was
unanimously RESOLVED to approve the resignation of Ron Constien,
and to appoint Jack Hunn to the BOD as the new Secretary/Treasurer.
b.The BOD reviewed the Annual Owners Meeting agenda and approved of
the time and location of meeting.
c.Mary Anne provided a presentation on gas utility contractor options.She
noted there would be an approximate savings of 19%annually if moving
to Tiger Gas Company as our gas provider.
Discussion was held and by MOTION duly made and seconded,it was
unanimously RESOLVED to approve awarding the gas utility contract to
Tiger Gas Co.
d.Discussion was held and by MOTION duly made and seconded,it was
unanimously RESOLVED to approve prior year operating surplus to be
moved to the capital reserve fund.
6.OTHER BUSINESS:
7.ADJOURNMENT:The meeting was adjourned at 11:00 a.m.
MINUTES OF THE JULY 27Th1,2012
MEETING OF THE BOARD OF DIRECTORS
VAIL MOUNTAIN VIEW RESIDENCES ON GORE CREEK OWNERS’ASSN.
1.CALL TO ORDER:
The meeting was called to order at 3 p.m.by President Mary Anne Redmond
and a quorum was established by roll call with the following members present:
Mrs.Mary Anne Redmond —President
Mrs.Charis Patterson —Vice President
Mr.Jack Hunn —Secretary/Treasurer
Mr.Michael Sousa —Association Manager
Mr.Ron Byrne —Developer (conference call)
Mr.Chris Sublette —Owner #104 (conference call)
2.CONSIDERATION OF PREVIOUS MINUTES:Discussion was held and by
MOTION duly made and seconded,it was unanimously RESOLVED to approve
of the Board Meeting Minutes of April 27th 2012.
3.QUARTERLY FINANCIAL REVIEW:Mary Anne reviewed all quarterly
financial reports and explained any over/under on each line item.It was noted
that there is a operating surplus of approximately 16k,and the gas utility has a
savings of about 3k.
Owner Chris Sublette asked why the Reserve account has such a large amount.
Mary Anne and Jack Hunn explained what the Reserve Study is requiring in
forecasting large expenditures in the future,and how this will avoid special
Assessments to the HOA.
4.ASSOCIATION MANAGER UPDATE:Michael gave an update and review
of the summer season,and of the following:
a.Outlined contractor facilitation to owner options.
b.Noted that fireplace inspections are owner responsibility,and should be
performed in 2013.Michael will acquire an estimate from contractor.
c.The fire sprinkler suppression system was tested and inspected.All
systems were up to code,and there were no recommendations from
the contractor to repair or upgrade anything at this time.
5.NEW BUSINESS:
a.Discussion was held and by MOTION duly made and seconded,it was
unanimously RESOLVED to approve the west fire escape and the pooi
signs.
b.Discussion was held and by MOTION duly made and seconded,it was
unanimously RESOLVED to approve the purchase of a pool patio table.
c.Discussion was held and by MOTION duly made and seconded,it was
unanimously RESOLVED to approve the walkway paver repairs,and
the garage entry keypad repair.
d.Discussion was held and by MOTION duly made and seconded,it was
unanimously RESOLVED to approve the extension of the flower bed in
front of unit #105.
d.The BOD made the decision to have management acquire proposals for
support to the building HVAC from a mechanical contractor.
6.OTHER BUSINESS:
a.The management will be sending out a survey to the owners in regards to
owners’codes,pooi cover,and landscaping.
7.ADJOURNMENT:The meeting was adjourned at 4:30 p.m.
MINUTES OF THE NOVEMBER 9TH,2012
MEETING OF THE BOARD OF DIRECTORS
VAIL MOUNTAIN VIEW RESIDENCES ON GORE CREEK OWNER’S ASSN.
1.CALL TO ORDER:
The meeting was called to order at 11 a.m.by President Mary Anne Redmond and
a quorum was established by roll call with the following members present:
Mary Anne Redmond —President
Charis Patterson —Vice President
Jack Hunn —Secretary/Treasurer
Michael Sousa —Association Manager
Mrs.Kathy Stassen —Owner #304 via conference call
2.CONSIDERATION OF PREVIOUS MINUTES:Discussion was held and by
MOTION duly made and seconded,it was unanimously RESOLVED to approve
of the Board Meeting Minutes of July 27th,2012.
3.QUARTERLY FINANCIAL REVIEW:Mary Anne reviewed all quarterly
financial reports and explained any over/under on each line item.It was noted
there will be an approximate savings of 15%on the gas utility moving into the 2013
year.There is predicted to be an approximate operating fund surplus of 21K by year
end.
2013 Budget Review -It was noted that the 2013 proposed budget will have the
following:
-An approximate 6.5%increase on electric utility.
-Landscaping to increase due to owner request.
-Water &sewer may increase at existing tier level.
-No contingency for 2013.
Discussion was held and by MOTION duly made and seconded,it was unanimously
RESOLVED to approve of the proposed 2013 budget for the annual owner’s meeting.
4.ASSOCIATION MANAGER UPDATE:Michael gave an overview of the property
and work performed during the 2012 summer/fall in regards to the following:
a.Fire alarm safety system annual test &inspection.
b.Walkway paver repair.
c.Building HVAC annual preventive maintenance.
d.Upgrade to property signage,and bi-annual window washing.
e.Landscaping winterization.
5.NEW BUSINESS:Discussion was held and by MOTION duly made and seconded,
it was unanimously resolved to approve a one year contract extension with Schindler
Elevator Company.
Owner Mrs.Kathy Stassen asked for explanation on liability insurance for the LCE-C
garage rental.Mary Anne explained the comprehensive insurance coverage for this
aspect of the HOA.
6.OTHER BUSINESS:Discussion was held and by MOTION duly made and
seconded,it was unanimously RESOLVED to approve the Annual Owner’s
Meeting for Friday December,14th at 4 p.m.
7.ADJOURNMENT:The meeting was adjourned at 12:15 p.m.
MINUTES OF THE JANUARY 31,2013
MEETIING OF THE BOARD OF DIRECTORS
VAIL MOUNTAIN VIEW RESIDENCES ON GORE CREEK OWNER’S ASSN.
1.CALL TO ORDER:
The meeting was called to order at 3:30 p.m.by President Mary Anne Redmond
and a quorum was established by roll call with the following members present:
Mary Anne Redmond —President
Charis Patterson —Vice President
Jack Hunn —Secretary/Treasurer
Plamen Tsvetkov —Association Manager
Mrs.Pam Keller —Owner #202
Everyone was present except Mrs.Keller via conference call.
2.CONSIDERATION OF PREVIOUS MINUTES:Discussion was held and by
MOTION duly made and seconded,it was unanimously RESOLVED to approve
of the Board Meeting Minutes of November 9,2012.
3.QUARTERLY FINANCIAL AND BUDGET REVIEW:Mary Anne reviewed
the quarterly financials and explained any over/under on each line item with an
overall surplus of approximately $25,000.
The proposed 2014 budget was presented with no proposed increase in dues.
There was a 5%increase in both electric and water based on the utilities usage
rate increases.There are savings in the landscaping and property manager line
items.Total operating budget of $302,340 and reserve budget of $40,000.
4.ASSOCIATION MANAGER UPDATE:Plamen gave the building review.
a.Building is in good condition
b.Touch up painting in public areas was preformed
c.Pool cover has been damaged and needs to be replaced
d.Snowrnelt system is working well
e.Roof snow removal is scheduled for next week
5.NEW BUSINESS:
a.Discussion was held in regards to the pool cover issues and alternative
systems considered and by MOTION duly made and seconded,it was
unanimously RESOLVED to approve Maximum Comfort Pool Bid to
replace the pool cover.
6.OTHER BUSINESS:
a.Discussed possible time share use of one of the units
b.Status of the Direct TV satellite on the roof
c.Issue with animal burrowing near walkway.Discussed changing pest
control company
7.ADJOURNMENT:The meeting was adjourned at 4:24 p.m.
MINUTES OF THE FEBRUARY 28,2015
MEETIING OF THE BOARD OF DIRECTORS
VAIL MOUNTAIN VIEW RESIDENCES ON GORE CREEK OWNER’S ASSN.
1.CALL TO ORDER:
The meeting was called to order at 3:30 p.m.by President Mary Anne Redmond
and a quorum was established by roll call with the following members present:
Mary Anne Redmond —President
Charis Patterson —Vice President
Jack Hunn —Secretary/Treasurer
Plamen Tsvetkov —Association Manager
Everyone was present who attended.
2.CONSIDERATION OF PREVIOUS MINUTES:Discussion was held and by
MOTION duly made and seconded,it was unanimously RESOLVED to approve
of the Board Meeting Minutes of December 3,2014.
3.QUARTERLY FINANCIAL AND BUDGET REVIEW:Mary Anne reviewed
The 2014 annual financials and explained any over/under on each line item with
an overall surplus of approximately $9,251.Discussion was held and by
MOTION duly made and seconded,it was unanimously RESOLVED to roll year
end operating surplus into the reserve fund.
4.ASSOCIATION MANAGER UPDATE:Plamen gave the building review.
a.Everything is running smoothly
b.New garage door will be installed in the next few weeks.
c.Elevators are running smoothly
d.Touch up painting in public areas and power washing of the garage
was performed.
5.NEW BUSINESS:
6.OTHER BUSINESS:
7.ADJOURNMENT:The meeting was adjourned at 4:15 p.m.
MINUTES OF THE DECEMBER 3,2014
MEETIING OF THE BOARD OF DIRECTORS
VAIL MOUNTAIN VIEW RESIDENCES ON GORE CREEK OWNER’S ASSN.
1.CALL TO ORDER:
The meeting was called to order at 3:30 p.m.by President Mary Anne Redmond
and a quorum was established by roll call with the following members present:
Mary Anne Redmond —President
Charis Patterson —Vice President
Jack Hunn —Secretary/Treasurer
Plamen Tsvetkov —Association Manager
Mr.Jay Levine —Owner #403
Mr.Dave Keller —Owner #202
Everyone was present except Mr.Keller via conference call.
2.CONSIDERATION OF PREVIOUS MINUTES:Discussion was held and by
MOTION duly made and seconded,it was unanimously RESOLVED to approve
of the Board Meeting Minutes of January 31,2014.
3.QUARTERLY FINANCIAL AND BUDGET REVIEW:Mary Anne reviewed
the quarterly financials and explained any over/under on each line item with an
overall current surplus of approximately $29,000.The Association forecasts an
approximate $10,000 surplus for year end.
The proposed 2015 budget was presented with a 2.9%increase in dues.The
Association is budgeting a $2,000 savings in pest control by switching vendors.
There was a 6%increase in gas and 10%increase in water due to higher rates for
the new bonds.There is a proposed 5%increase for the property manager’s
wages.Total operating budget of $348,331 and reserve budget of $35,000 was
proposed.
4.ASSOCIATION MANAGER UPDATE:Plamen gave the building review.
a.Building is in good condition
b.Pool cover has been replaced and working well
c.In the process of installing new heat tape on the north side of the roof
which will significantly reduce ice damming and snow buildup on the
north side
d.Touch up painting in public areas and power washing of the garage
was performed.
5.NEW BUSINESS:
a.The Association has had significant issues with Schindler Elevator
actually performing the agreed upon service contract for preventative
maintenance on the elevators.The Association terminated the Schindler
Elevator contract for cause in February.Peak Elevator preformed over
$16,000 worth of services to repair the negligence of Schindler.The
Board has researched pursuing Schindler for the cost,however per the
contract the Association could only reasonably expect to collect
approximately $8,000 and with the cost of legal fees the Association has
decided not to sue Schindler for lack of performance.Discussion was held
in regards to awarding either Peak Elevator or Rocky Mountain Elevator
the Association’s annual elevator contract.Mary Anne will go back to
Rocky Mountain Elevator to see if they can meet Peak Elevator pricing.
6.OTHER BUSINESS:
7.ADJOURNMENT:The meeting was adjourned at 4:15 p.m.
MINUTES OF THE NOVEMBER 6,2015
MEETIING OF THE BOARD OF DIRECTORS
VAIL MOUNTAIN VIEW RESIDENCES ON GORE CREEK OWNER’S ASSN.
1.CALL TO ORDER:
The meeting was called to order at 3:30 p.m.by President Mary Anne Redmond
and a quorum was established by roll call with the following members present:
Mary Anne Redmond —President in person
Charis Patterson —Vice President in person
Jack Hunn —Secretary/Treasurer in person
Plamen Tsvetkov —Association Manager in person
Vaughn Pourchot —Unit 402 via phone
2.CONSIDERATION OF PREVIOUS MINUTES:Discussion was held and by
MOTION duly made and seconded,it was unanimously RESOLVED to approve
of the Board Meeting Minutes of February 28,2015.
3.QUARTERLY FINANCIAL AND BUDGET REVIEW:Mary Anne reviewed
the September 30,2015 financials and explained any over/under on each line item
with an overall surplus of approximately $34,000.Discussion was in regards to
the 2016 Budget.The line items with increased were insurance with rates going
up 3%,Electric increase of 6%due to installation of significant amount of heat
tape on the roof,and water rate increase of 9%.Budget line items with a
significant decrease were fire &sercurity,mechanical contracts due to better
negotiated contracts along with natural gas.
4.ASSOCIATION MANAGER UPDATE:Plamen gave the building review.
a.Everything is running smoothly with no issues to report
b.Touch up painting in public areas and power washing of the garage
was performed.
5.NEW BUSINESS:
a.Natural gas contract —The Association has the option to lock our natural gas
rates in for one year at $3.15 and two years at $3.30 or to go to a float rate that is based
monthly on the market.It was noted that prices are at a 10 year low.Vaugh suggested
the Association go to the float rate and that the Association monitor the rate.Discussion
was held and by MOTION duly made and seconded,it was unanimously RESOLVED
that the Association float the natural gas rate.
b.Landscaping It was discussed that the owner’s would like to see more
landscaping on the property.Plamen will get several landscaping bids and the Board will
review the bids to have additional landscaping performed on the property.
6.OTHER BUSINESS:
7.ADJOURNMENT:The meeting was adjourned at 4 p.m.
MINUTES OF THE DECEMBER 12,2016
MEETIING OF THE BOARD OF DIRECTORS
VAIL MOUNTAIN VIEW RESIDENCES ON GORE CREEK OWNER’S ASSN.
1.CALL TO ORDER:
The meeting was called to order at 12:07 p.m.by President Mary Anne Redmond
and a quorum was established by roll call with the following members present:
Mary Anne Redmond —President in person
Charis Patterson Vice President in person
Jack Hunn —Secretary/Treasurer in person
Plamen Tsvetkov —Association Manager in person
Jay Levine —Unit 403 in person
Michael Connolly —Property Manger for 205,304,306,405,406 in person
2.CONSIDERATION OF PREVIOUS MINUTES:Discussion was held and by
MOTION duly made and seconded,it was unanimously RESOLVED to approve
of the Board Meeting Minutes of November 6,2015.
3.QUARTERLY FINANCIAL AND BUDGET REVIEW:Mary Anne reviewed
the September 30,2016 financials and explained any over/under on each line item
with an overall surplus of approximately $37,000.Discussion was in regards to
the 2016 Budget.We were able to receive a building premium decrease of 9.5%
We are budgeting a decrease in natural gas of $1,500 by going to a floating rate
with Tiger Gas.We have the ability to lock a rate at any time with Tiger.The
Board felt that it was important to have annual maintenance done on all unit
owners fireplaces and added fireplace annual maintenance to the mechanical
contracts line items for $2,450.The Board is purposing a 4%annual increase to
the property manager.With increase cost of shoveling the roof we have increased
the snow removal by $4,750.
4.ASSOCIATION MANAGER UPDATE:Plamen gave the building review.
a.Everything is running smoothly with no issues to report and all annual
maintenance is being performed.
b.Touch up painting in public areas and power washing ofthe garage
was performed.
5.NEW BUSINESS:
a.Discuss no truck turn around sign.Reviewed suggested signage language.It
has been noticed that the majority of trucks using the turn around are trucks performing
deliveries to other properties earlier on the Frontage Road such as Solaris.Plamen is to
reach out to other building property managers to educate them that our turn around is not
to be used by their delivery trucks.
b.Tree replacement —discussed what types of trees would be ideal to replace the
removed cottonwoods.The plaza level has approximately 3 to 4 feet of soil above the
owners parking garage and therefore we will need a tree that has shallow roots that will
not destroy the snowmelted sidewalk or go down through the owners garage roof.Jack
Hunn will get recommendations.
6.OTHER BUSINESS:Approved scheduling the annual owners meeting for
December 28,2016
7.ADJOURNMENT:The meeting was adjourned at 1 p.m.