Call to order 4:12pm
Eagle Heights HOA MINUTES Annual Meeting November 1, 2024 Montrose County Library
Audio Recording available on HOA website
1. Roll Call and Check In
Attendance: In Person Lot(s) 8 Sanders, 9,10 Orros, 11, 28, 43, 44 Daneff, 16 Keehfuss, 17 Kozak, 24 Crippin, 25 Seitz, 26 Conrad, 45 Stechert. Zoom - 5 Knox, 7 Sanders Peterson. Proxy - 14, 15 Williams (Conrad)Quorum is met with in-person attendees, two members on Zoom and proxy forms provided.
2. Proof of Notice of Meeting or Waivers of Notice
Mailed notice of meeting to all lot owners as well as email to all.
3. Approval of Annual Meeting Minutes October 27, 2023
Sent via electronic mail to membership and posted on Eagle Heights HOA Website -
Nick Orros stated his emailed items should be added to today’s agenda as unfinished business; plat map discrepancies, irrigation water allocations and the other unresolved discrepancies between our governing documents.
Board President, Bob Stechert stated that if one wants something on the agenda 20% of the lot owners need to approve the addition. Secondly, the items have been addressed previously at two dispute resolution meetings therefore they are not on the agenda. Nick said that By- Laws allow anybody to request to be on the agenda either at unfinished or new business.
Nick asks that the meeting recording on Zoom be provided to the membership. It will be posted on the HOA website.
Nick advised that he has filed a complaint with DORA for breach of fiduciary obligations and CBI Economic Crimes Division and Colorado Attorney General to investigate outright fraud by a non-profit board.
Motion by Dan Daneff to approve meeting minutes of October 27, 2023; second by Monica Keehfuss. All approved.
4. Reports of Officers
Bob Stechert, Board President update: Board has undertaken to hire a lawyer Bo Nerlin with Devor & Plumhoff LLC in Montrose to review our governing documents and review the plat maps to determine if and to what extent we need to update/modify the maps for the subdivision. Bo Nerlin is providing a retainer letter to represent the Board.
With New Business we are planning to move our annual meeting to January. This timing will give us a better, up-to-date financial statement at the beginning of the year rather than providing a partial statement in October.
We will also need an extension of officers’ terms until that January meeting when a new board will be elected.
Greg Keehfuss, Treasurer update: At the moment our financials look good. A couple of projects have come up that we were not expecting. Receiving quotes now. Extending the budget out until January allows us to report on expenses for the year in their entirety. We will provide four end-of-quarter reports. Financially, we are in better shape than we were at this time last year. We have $12,753. In the operating account and $4377. in the reserve account.
Tom Conrad expressed concern about removal of vegetation in the Outlots as fire mitigation. Indigenous wildlife use the area as natural habitat for roosting and bedding down. There has not been a fire in the last 100 years. He asks whether there has been an environmental study for Outlot A? The Board will take this need into consideration, consulting with Fish and Game and/or US Forest Service for advice.
This project may be pushed out to 2026 as budget is developed. The Board will share all findings with everyone before proceeding.
5. Reports of ARB
Dan Daneff, ARB Chair: There has been only one submittal this year; that was for lot 1. After some design considerations Papineau’s home was approved and it is well underway.
6. Unfinished Business
6a Walking Path, Waterfall & Entrance Lone Eagle Way maintenance
We have hired this work out for the past 2 years. We could avoid this expense if we could organize a couple of volunteer days for cleanup. This year we have been successful with volunteers clearing out the irrigation headgate and that has worked out well. If you are willing to work on cleaning up the Walking Path, Waterfall & Entrance way once or twice a year, let us know. Maybe we can avoid that cost which was $1,200. this year.
The Conrad’s offered to have the collected debris hauled to their lot reducing hauling costs. Tom offered that there is a contained fire pit with fire hydrant and tap providing a safe burn area for debris.
6b Irrigation Line Locations
Locations within the easements have not been specifically located. A process is in place to do this. Kelly Crippin and Steve Harris are working on this. Steve did the initial installation of the irrigation. Hope to complete this project this winter.
This work does not help with location of all of the system drains; drains do not have location wires.
Problem on Beattie’s lot may be drain related, it was thought that it might be an irrigation leak but it is not. More water there than has been in previous years. Once irrigation season is complete we’ll hire someone to clean out the irrigation easement that runs the length of the property line down to 5950 Rd.
Tom Conrad shared that the plat map has geolocation of deep drains for the development but it’s difficult to read as text is tiny. The Board will look into this as that information would be helpful.
7. New Business
Bob asked Nick to share the location of language in the By-laws that allows any lot owner to place an item on the agenda. Nick clarified that it’s in Robert’s Rules of Order not By-laws, and that he is not allowed to put something on the agenda but that he is allowed to motion that an item be added.
As owner of lot 9, Nick Orros motions that we discuss the Uncompagre Water Users Irrigation Rights as they have potentially been divided in the conveyance of the retained land from Eagleview to the Conrad Family Trust. As the owner of lot 10, he seconds his own motion.
Ed asks whether this is part of the review which the HOA attorney will be reviewing. That is affirmed. Ed suggests that we table discussion until we receive opinion from the attorney. Bob redirects that there is a motion on the table. If it is approved by 50% of the membership then discussion will be continued.
Bob calls for a vote: One vote yes; all others vote no.
Nick motions: I make a motion that we discuss the illegitimate reference within our plat maps to the wrong declaration. Nick elaborates his concern and states that the attorney may be able to rectify.
Bob affirms that Nick’s concern will be taken up by the lawyer and asks Nick to send an email explaining what the incorrect reference is. Nick gives a copy of his notation regarding inaccuracies to the Board for reference.
Nick motions: I make a motion that we have conversation regarding title insurance. I second my own motion. Would anyone like to know how these issues effect our title insurance policies?
Dan Daneff states that he is interested.
Bob: We have a motion and a second. We have one vote in favor. Anybody else? Dan clarifies that his hand is not raised. Vote: 2 yes, all others no. We do not have a majority but we will have the lawyer look at this as part of his review.
7. New Business
We would like to move the Annual Meeting to January starting January 17, 2025. In order to do this we need to keep the Board of Directors in office until that time. The term of current officers would be extended until that meeting and at that meeting we would elect a new board.
Kelly Crippin moves that the Board extend their term until January 17. Tom Conrad seconds. All in favor.
Bob thanks everyone for extending until January and emphasizes the need for a quorum at that meeting. He hopes that many of the questions discussed today will have some resolution by the January meeting, that Bo Nerlin will have a chance to review everything and we have a comprehensive response from him. Hopefully Bo Nerlin will be attend the January meeting to help clarify things.
At the last Board meeting Ed Kozak presented two motions.
1) that the 2024 year-end Financial Report be presented to the HOA membership at the
January 2025 Annual membership meeting.
2) that the 2025 Financial Budget be presented to the HOA membership at the January 2025
Annual membership meeting.
Both motions were approved by the Board
Nick asks whether the 2025 assessments will also be delayed until 2025. They will be sent out around the end of January.
Ed requested that he step down temporarily from the Board and address the membership as one person, not as a Board of Directors member. His request was Granted by the Board President, Bob Stechert.
Ed stated that his wife, Gail, needed to talk to him about something. Gail stated to Ed that “she felt violated”. He was very upset by her admission. Ed asked the membership, how would you feel if your spouse came to you with this feeling? He doesn’t want his wife, himself or anyone else to feel that way. He asked Gail what was the cause of her feelings. Gail said she had received an email from Nick Orros. She hasn’t had any discussion with Nick, nor did she give him permission to email her at her personal email address. Ed then asked Nick Orros to not email his wife, or himself at their personal email addresses. Nick said he would honor Ed’s request. Ed showed the email that was received from Mr. Orros dated 10/25/2024, which he originally sent to the board 10/07/2024 and then to the membership. Ed said he pondered the word “violated” for the awhile and decided to get the definition. He read the definition aloud, “when one person fails to respect someones peace, privacy or rights”. Ed continued by saying this hit it right on the head for Gail and himself. He supports his wife and colleagues. He wanted to acknowledge that Dan & Kelly have done “a hell of a job for this community”. They work hard and go about their business. Ed stated that Kelly nor Dan have their heads in the sand as mentioned in Nick’s email. He supports them 100%.
Ed reiterated he didn’t want to receive emails at his personal address and the others that received the email would need to make their own feelings know. Ed stated that Nick can email him through the HOA Board email address and he would read and respond accordingly, once discussion with the Board members and proper protocol is taken. The Boards speaks as one.
The President then reinstated Ed to the 2024 Board. Ed also disclosed that he would not be seeking another term on the 2025 Board. He will fulfill his duties until a new board has been elected.
Dan Daneff motioned that the meeting be adjourned; Kelly Crippin second. Meeting Adjourned at 5:12.
Meeting follow-up tasks:
Post meeting recording on HOA website
Solicit volunteers for waterfall, entryway and walking path maintenance
Consult with Fish and Game and/or US Forest Service for advice about fire mitigation and impact on wildlife habitat on Outlot A.
Check with the County for geolocation of drains as indicated on plat maps.
Once irrigation season is complete, hire someone to clean out the irrigation easement that runs the length of the Beatie property line down to 5950 Rd.
Ask Bo Nerlin to review any implications for our title insurance as he examines documents and maps.
• Distribute billing to membership for annual dues once 2024 year-end financials are complete in January.
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