Monthly Minutes April 2005
Andover Glen Monthly Board Meeting Minutes for April 2005
Andover Glen Homeowner’s Association Meeting Minutes
April 13, 2005

Submitted by Cindy Wagner, Andover Glen Homeowner’s Association

1. Call to Order: The meeting was called to order at Shalom Park at 7:05 p.m. by President Barbara Harrington.

Board Members Present: Dave Kline, Barbara Harrington, Bob Meyer, Cindy Wagner, Norm Arlt, Ron Adams, Randy Simpson.

Board Members Absent: Jan Guerra, Curt Krall.

Others Present: Tom and Julia Foster - 4822 S. Carson St
Mitchell and Barbara Powell – 4801 S. Carson St.
Les and Peggy Olson – 4832 S. Carson St.
Steve and Christine Dufficy – 4874 S. Crystal St.
Rick and Debra Jones – 4802 S. Carson St.
Allen Harrington – 4803 S. Crystal St.
Quink Arlt – 14193 E. Layton Dr.

2. Guests:
Barbara Harrington, President of the Andover Glen HOA welcomed all guests. Barbara advised the group that she anticipated that many of them had come to discuss a particular incident. However, the Board would not make any comments regarding the alleged incident, under the advice from the Andover Glen attorney. She then asked the guests to state their name when called upon and then state their issue or question.

Tom Foster questioned why funds are being used for legal fees in relation to criminal charges. He believes this is an inappropriate use of funds and he is opposed to this action.

Barbara Harrington pointed out the by-laws which state we will reimburse Board members for expenses incurred while participating in HOA activity and reminded the group that the charges are alleged to be criminal.

Tom Foster stated that he felt this was not legally or ethically proper.

Barbara responded that in addition to our bylaws, Title 7 of the Statutes of the State of Colorado also require legal expenses incurred as a result of an action taken by a Board member while carrying out their duties to be covered by the Association.

Julia Foster wanted to know why, if this is already part of the by-laws, we voted at the last meeting.

Barbara responded that it was as a point of clarification.

There was a question about estimated cost of attorney fees. Barb said that the attorney estimates the cost at approximately $1000.

Mitchell Powell wanted to know if there was an investigation before the vote to appropriate funds.

Barbara clarified that the decision was based on any type of incident. The Board is not defending any one person, they are required to pay expenses and legal expenses are just another kind of expense.. Additionally the Board is not in a position to determine which version of the events is correct - the courts will have to make that determination.

Norm stated that he would not serve on a board if he thought that he would be putting his personal finances at risk. He also commented that no one else would serve on a board either. He also commented that the board member involved in the incident may have used poor judgement, but that the Association is still required to pay for their expenses.

Rick Jones wanted to speak specifically about the alleged incident.

Again, Barbara advised that the Board cannot comment on the incident.

Bob Meyers asked everyone to treat the situation without judgment. He asked for people to allow time to work through the situation. He reminded everyone that homeowners and Board members are one in the same and that if a Board member is confronted while carrying out their duties essentially all homeowners are being confronted.

Les Olson wanted to know if the Board supported the alleged criminal activity.

Dave Kline reminded all guests that the Board does not support criminal activity.

Les Olson commented that only two of the people in the room really knew what happened.

Steve Dufficy asked if the Board member is still serving on the Board.
Barbara responded yes. Depending on the outcome of the court’s decision, then it may be appropriate for the board member to resign at that time.

Allen Harrington reminded residents that the by-laws do not define the word ‘expenses’. The Board was not aware of the situation until their March meeting and, when they found out, took immediate action.

Les Olson asked Allen if he were the Board member, would he step down.

Allen responded that he would not step down until the legal system had time to do it’s job. In any case he probably would step down after the court decision was made.

Rick Jones wanted to know if our dues would be raised because of this.

Barbara said hopefully not.

Mitch Powell asked if the Board thought it was their job to enforce the covenants.

Barb responded yes.

Mitchell Powell wanted to know if the Board planned to enforce all covenants to the letter.

Board members responded that they cannot pick and choose which covenants they enforce.
Julia Foster wanted to know if expenses include paying for felony behavior.

Barbara reminded her that the behavior is alleged.

Rick Jones wanted to know if we planned to pay the criminal fees.

Again, Barbara responded that the Association is required to pay the fees and any criminal act has been alleged.

Peggy Olson felt that communication was the key. She would like more communication.

Les Olson referred to an article in the Gazette and wanted to know if the Board was asking homeowners to spy on their neighbors and turn them in. He reminded the Board that Colorado has the “Make My Day” law and that he has a shotgun and is a pretty fair shot.

Bob Meyers asked everyone to be civil and to give the Board time to work through the situation and invited the guests to come to the next board meeting.

Julia Foster asked if the Board would consider setting a limit on expenditures.

Tom Foster wanted to know what happens if the board member is found guilty of a crime.

Barbara responded that the board member would be asked to resign.

Chistine Dufficy requested a new AG Directory as hers has a printing error.

After about 50 minutes of discussion had transpired Barbara told the group that the Board had other business to complete and she would no longer entertain questions about the incident or residents asking hypothetical questions. If there were any other questions she would be happy to continue. There were no further questions on other topics. Barbara also advised the guests that they were welcome to stay for the rest of the meeting. The meeting was adjourned for a 5-minute break.

3. Board Reports:
President - Barbara Harrington:
*Barbara has been working on a draft of a form letter the Board will use for future covenant enforcement issues. The Board will continue to work on procedures for dealing with these issues. Barbara has asked the Andover Glen attorney to prepare a Covenant Enforcement Policy. The Board will revisit the procedural issues after receiving the attorney’s draft.
*Covenants, By-Laws, and Articles of Incorporation are all available on the Andover Glen website. Andover Glen contact names and numbers are also listed on the website. Barb asked Randy to update. Randy will follow-up.
*Barbara has been in contact with the insurance company and attorney regarding the recent Board member/resident conflict. The Board asked Barbara to get clarification from the attorney and insurance company regarding the claim.

Vice President – Dave Kline
*Dave obtained bids from landscape contractors for planting flowers in the front entryway. Emerald Isle gave a quote of $1681 for a single planting of annuals and perennials. G&B Landscaping gave a quote of $655. Arapahoe Acres does not participate in this type of project. Cindy has another landscaper contractor that she will call. She will e-mail the Board any bid she receives. The Board is specifically looking to plant one or two times in the horseshoe area between the evergreens. The area is approximately 20’ x 12’.

Neighborhood Watch – Bob Meyer
*Bob obtained a bid of $700 from A-PROfessional Roofing to re-roof the gazebo.

Treasurer – Jan Guerra (absent)
*Balance sheet and income statements as of April 9, 2005 were passed out.
*There were two liens outstanding in Andover Glen; the one for the property at 14104 E. Layton Dr. has recently been removed.
*Per Jan’s request Barbara reminded everyone that the budget for 2005/2006 needs to be discussed at the next meeting and must be finalized by June. Homeowner notification of assessments must be mailed by June 1.

Welcoming – Cindy Wagner
*Cindy has updated the “Neighbor to Neighbor” section of the Andover Glen Gazette. She will pass these on to Randy for the newsletter.

Social – Curt Krall (absent)
*The Annual Garage Sale will be held Father’s Day weekend, June 17th and 18th. Barbara or Curt will contact Fred Freeh to see if he would like to continue facilitating this event.
*Dumpster Days have been very successful in the past. The next Dumpster weekend will be June 25th and 26th. The dumpster will continue to be located in front of the park.

Secretary – Randy Simpson
*Randy requested minutes of the February Board Meeting. Barb will e-mail to Randy and he will put them on the website.
*Randy asked for clarification regarding the use of Executive Sessions. Barbara referred him to the Colorado CCIOA statute for specifics. There was also discussion about the limits of Board Directors. Mitch Powell volunteered to pass on sample indemnifications for the Board to review.
*There was discussion about communication on behalf of the Board to homeowners. Bob Meyers moved to have all communication e-mailed to the Executive board for review. The Executive Board includes the President, Vice President, Treasurer, and Secretary. Executive Board members will review and respond within twenty-four hours with comments. Randy Simpson seconded the motion and it passed unanimously by all Board members who were present.

Preservation – Ron Adams
*Upon receipt of Property Improvement Approval Request forms, Ron will e-mail the request to all Board members. Board members will respond within seventy-two hours to the request. Randy will remind residents to submit requests to the Board as soon as possible to insure a timely response.
*The Approval Request forms for the Manns at 4899 S. Dillon St. were approved. They will be painting, adding a sun-room and relandscaping the front yard.

Grounds - Norm Arlt
*Due to time constraints, Norm will give his report at the next meeting.


The meeting was adjourned at 9:46 pm. Next meeting will be Wednesday, May 18th at 7 pm. at Shalom Park.