Holiday Acres Property Owner’s Association Board Meeting Minutes
8:30am October 13th, 2020 – 188 Coyote Ct. Pagosa Springs, CO 81147
Call to order: 8:32am
Board Members Present: Bryan Looper, Mike Dallam, Bill Noel, Kari Preuit
Approval of minutes from Annual Meeting Minutes – Mike motion/Bryan 2nd. Motion approved.
No Treasurer’s Report. Bryan has made updates to the HAPOA website. Generate Press was $39.95 and used HA card to pay. GP Premium was $29.97 and wouldn’t let Bryan use HA card, so he used his personal card to pay and needs to be reimbursed. Most of everything for website has been migrated over. With these updates Bryan will be able to post minutes to the website. Mike will write a check to reimburse Bryan for his expenses.
Old Business Bryan & Mike updated the board on HAPOA residents that are behind on paid dues. Since last meeting, Lee Ligon and Richard Lobato have paid their dues and are up to par. Four still remain unpaid: 1. Lonnie Brenner $955. 2. Silva “Mae” Jaramillo $2,181.25 (Mae is trying to get son Horace on board with paying dues, which he is, but she really feels they deserve an apology from Cathy Justice. Bryan asked Cathy if she would be willing to write a letter to Mae). 3. Neslon Family Trust (mail continually getting returned) $1825. 4. Neal Smith $2,522.05
New Business Voting on hiring of new lawyer for HAPOA – After some discussion about all 3 firms and input from various board members, there was a consensus that everyone felt Wester was too small a firm. Orten was thought to be ok but there was concern of them being too large a firm and us getting lost among the masses with them. Several of the board members liked Altitude Community Law – they have lawyers who specialize in specific areas of the CCIOA regulations, litigation, debt collection, etc. and there is an office in Durango if we needed someone close in person. Bryan motioned to hire David Firmin out of the Durango office of Altitude Community Law as HAPOA’s new lawyer, Bill 2nd. 4/0 Motion approved. Next step is for Mike to call David and let him know we would like to hire him and get him up to speed with what we have going on. Mike will set up call and let the rest of the board know.
Decisions made for/against filing of liens for HAPOA members who have not signed the settlement form and/or not paid HAPOA dues. – This is for the 4 who are still remained unpaid. Bryan suggests we talk to the new lawyer about this. The board would like to leave the full unpaid balance for the lien that is funded at property sale, with also moving forward with the new lien process for up to 6 years statute of limitations.
Decisions made on specifically how to proceed with legal advisement and filing of any approved legal procedures to collect unpaid dues – For this year’s unpaid dues (8 property owners total who are delinquent on 2020 dues only). Board would like to do a “friendly letter” to these 8 owners. Offer them a payment plan to pay their 2020 dues to pay over a specific term . In our letter let the owners know the next step will be filing a lien for the overdue property dues. After the “friendly letter” our next step would be a letter from the lawyer stating there will be a lien placed on the property for the delinquent
dues. Bryan will try and find a letter template and send it to all of the board members to look over and edit or finalize for our Friendly Letter to these 8 property owners.
Mike asked the board what they think about the 4 unpaid. What time frame do we still allow them their forgiveness with the unpaid dues if they sign the agreement and forgive past dues. Mike feels we should let the 4 have until we start the lien process to sign the agreement. Once we start the legal fees and process of filing the lien, then the offer to forgive the past dues with the settlement agreement is off the table, approximately November 15th 2020. Mike will ask the new lawyer, David F., if he has a template or if he can write the letter to the 4 about all this.
Next meeting will be Monday Nov 2nd at 9:00am at 188 Coyote Ct. Pagosa Springs, CO 81147
Adjourn – 9:40am