Many of you may be unaware of, or frustrated by, the current situation that we find our community in.  As the current legal President of your HOA, I would like to share my view of this situation as I see and understand it.

At the end of January we had scheduled the Pinery Glen Budget and Annual Owners meeting which had to be adjourned due to questionable wording on the proxies, prior to the election of 2 new members or the ratifying of the budget and no business was conducted.  
In addition to the 2 positions for expired terms, there were two open seats on the board due to resignations. The Board at that time, with approval from the HOA’s legal council decided to follow the governing documents of Pinery Glen and appoint 2 members to serve the remainder of the terms (one year each). The Board appointed two members on March 8 at a Board Meeting. We posted the meeting to the website as soon as we had confirmed that the board members, management company and attorney could be present.

We rescheduled the Owners Meeting to April 6th to hold an election for 2 board members for expiring terms and vote on a single change to the bylaws as listed in your Meeting Notice paperwork. This meeting notice was sent to every homeowner in the community along with your directed proxy and non directed proxy.  During the meeting a motion was brought to the floor to change a bylaw that had not been presented to the entire community as dictated in our governing documents, CCIOA (Colorado Community Interest Ownership Act), and the Colorado Nonprofit Corporations Act.  Pinery Glen HOA’s attorney was present at the meeting and made it very clear that it was not lawful to change bylaws without notifying the whole community.  This would have changed the terms for appointing members to vacant seats and also applying it retro actively.  The Chairman elected at the meeting, not me, allowed the un-lawful bylaw change vote. The owners present, trusting that the chairman reading from a script was on the right side of the law, voted in 4 new members to the board.  The board only has 2 legally available positions. We can not recognize all four of the people who believe that they were elected. Rather then call yet another annual meeting, the attorney has advised us to accept the votes for what was on the directed proxies/ballots and add to the Board the two owners whom had the highest number of votes. The current legal board was never provided with numbers so we do not know whom the two owners elected to the legal Board of Directors for Pinery Glen are.

As the current board, we do not believe it to be acceptable for a group of owners to think that they can change our governing documents without informing each and every one of us.  We may not all agree with all of the covenants, but we all have the right to know when they could be changed. Today the change may be the appointment of board members, tomorrow it could be removing any of the other covenants, conditions or fiduciary responsibilities of the board that we all agreed to when we purchased our homes in Pinery Glen.
 
We have offered a solution to the 4 individuals that had the highest number of votes.  We have asked them to put 2 of their members on the current legal board, those with the two highest numbers of votes, in accordance with what was on the agenda for the Owners meeting. At that point we will have a full, legal board. We want to move forward, handle current business and develop a budget that will work for our community. Until then, the legal Board has a fiduciary duty to the community to uphold Colorado Law and our governing documents.  

 

If you would like to share constructive thoughts, please contact the board at pineryglenboard@yahoo.com . We will do our best to respond quickly.  

Your President,
Alesha Zacher