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Conversation
with Bill Branyan Jan 2010 about Revised Covenants
RE:
Covenants - Thanks for comments. The HOA, ARC, & Covenants Committee will
review them
Sunday,
January 3, 2010 1:42 PM
From: "Bill
Branyan"
wrb@urbanfrontier.com
To: "william
alexander"
billalexsail@yahoo.com
Thanks for
your response, your comments regarding not making too many changes makes
sense. My experience is for new communities and I never run into
“opposition”!
I was not
aware of the ARC Guidelines in the Directory. I did not see them on the
website and did not know they existed.
From: william
alexander [mailto:billalexsail@yahoo.com]
Sent: Sunday,
January 03, 2010 12:31 PM
To: Bill
Branyan
Cc: Alan
Bourey; Neil Patel; Robert de Haas
Subject:
Covenants - Thanks for comments. The HOA, ARC, & Covenants Committee will
review them
Thanks, Bill
Branyan, for your thoughtful comments. By copy of this email, I am passing
them on to the ARC, Covenants Committee, HOA, and our atty for the covenants
modifications. This so we can all review them and consider what to
change.
Please call
me about these changes. My home number is 303-544-1333.
Responses to
your comments:
In general -
most of the language you are questioning was carried over from the 1992
Covenants in order to make the proposed Covenants as close to the 1992
Covenants as possible. We did that because people have been abiding by that
1992 language for the last 15+ years, and would feel more comfortable
ratifying something that didn't make radical changes from what they were
already using. Of course we will consider making changes - its just helpful
to know why the language is there.
Below are
responses corresponding to the numbers in your note:
1. Sect 1 -
PBH owning property and maintenance of common areas - You are correct, the
PBH HOA doesn't own our Community Center. The majority of the expenses are
split between PB Water and Bldr Mtn Fire Prot Dist (BMFPD). However, from
time to time the HOA does help pay for some of the community center's
expenses, since we use their facilities. We will consult with our atty on
whether/what to change in this section
2. Sect 2.3
- Neighborhood Services and Water/Fire/Community Center - I will ask around
about this. I know the lots for the dam, community center, treatment/pump
building and parking for them are not part of PBH Unit 1-7. This is
intentional, because the necessary activities/chemicals involved with both
water and fire depts would be prohibited if they were part of PBH
residential units 1-7. By copy to Bob de Haas, please respond about the
water system - how the tanks and water lines are legally provided for in
PBH. We will consult with our atty on whether/what to change in the
Covenants
3. Sect 3.1c
Garages, Guest Houses, and other subsidiary buildings - This area has
intentionally been left vague - to allow both kinds of garages you mention,
plus a range of accessory buildings. 3.1(a) along with 1.8 should
adequately cover the uses of all parts of lots in PBH unit 1-7.
4. Sect 3.1
Stained vs Painted and in ARC Design Guidelines - We will review adding
"painted" to "stained." This has been a very sensitive clause. It isn't
advisable to change it further than adding "painted", because of the
significant number of folks with strong views on all sides about it. The
ARC does wrestle with this along with other factors as they consider
approving new building activity in PBH. Its definitely part of their
guidelines.
5. Sect 3.1
Buildings vs OutBuildings - Your suggestion on adding possible language
about Boulder County definitions looks good. We will strongly consider it
as we work with our atty on his "legalizing" of the draft covenants.
6. Sect 3.4
"Excessive Noise" - We intentionally have a "catch-all" clause about
detriments to other lots because we couldn't possibly enumerate every
situation that might arise and need resolution. Notice that 3.4c does
specifically mention excessive noise. As with the rest of the wording, we
will be guided by our atty on any changes he feels we need to
include/change.
7. Sect 3.5
- cesspools vs septic tanks - Your suggested change makes a lot of sense.
Of course,
we'll pass it by our atty.
8. Sect
3.6b - canines - Your suggestion to remove the word "canines" makes a lot of
sense. If the HOA Board approves, I'm sure we'll do it.
9. Sect 4a
- add approved - we can add the word you suggest if the HOA Bd approves.
10. Sect
4c/d - Improvements definition - The definition of what the ARC needs to
review is part of the ARC's guidelines and is part of the top paragraph on
page 7 in the Pine Brook Hills Directory (2008-2009 verison). I have
retyped it here for the HOA Bd to consider whether to add it in some
fashion to the covenants:
"The
Architectural Review Committee (ARC) reviews any change to your house or
property that affects its visual impact. In general, the ARC must approve
new construction, additions, remodels, all exterior color changes, decks,
storage sheds, and landscaping. A county building permit does not waive
this review requirment....."
11 & 12.
Sect 5.2, etc. - Amendment ratification terms and requirements -
Our atty has
specifically recommended we not change from a majority of lots to a majority
of votes received - which makes some sense, since amendments aren't passed
by a "yes" vs "no" set of votes on a particular day, but instead by
signatures of a majority.of lot owners through a process of signature
gathering that could take a month or even more.
Our atty has
stated that an amendment is legally put in force if a majority of lots sign
to ratify the change. He has told us that each lot has one "vote". He has
told us that for a lot's ratification to count, all those that jointly own
the lot must sign in agreement (so, for example, if three people jointly own
a lot and only two sign for ratifying a change, that lot hasn't agreed to
the change.) Our atty specifically recommended against language that a
consensus of a lot's owners would constitute that lot's agreeing to a
change. We'll pass all this by our atty to see if he suggests adding some
more verbiage to this section.
Bill Branyan
- Thanks again for all your thoughtful comments that we will now review for
making changes to the draft Covenants.
Bill
Alexander, President, PBH HOA Bd of Dirs cell 720-334-2441 home
303-544-1333 |
