PBH HOA Board Meeting Minutes

September 22, 2015

PBH Community Center


  • President - Allen Saville ✓
  • Vice President – Brian Wahlert ✓
  • Secretary – Meghan Miller ✓
  • Treasurer – Peter Gaal ✓
  • Member-at-Large – Dave Davies ✓
  • Pine Brook Press – Catherine Von Hatten
  • Architectural Review (ARC) – Mike Von Hatten ✓
  • Beetle Busters – Brian Ridley − not present
  • Mitigation Liaison – Mike Hupka − not present
  • Newcomer Welcome – Jo Wiedemann ✓, Inese Smith
  • Roads Committee – Peter King-Smith − not present
  • Safety & Security – Paul Shippey − not present
  • Social Committee – Veronique Foster − not present
  • Guest – Jim Eyster ✓


The meeting was convened with a quorum at 7:02 p.m.

Board and committee chairs as noted above were in attendance

A. Recognize Guests

Jim Eyster was present.

B. Public Comments


C. Review Agenda

Agenda proceeded as announced

D. Special Announcements

Jim - Discussion of the impact of city and state rules on grow houses, incentives to drive them to the county, and the fire risk that this creates in unincorporated county. Reviewing paths forward, including public comment.

E. Covenant Enforcement mechanism(s) available to the HOA

Covenant infractions with neighbor engagement. The ARC had been tasked with this, but it extends beyond ARC issues. If we enforce covenants, what is the role of the board? How to enforce? HOA president, or use Paul Shippey’s Safety and Security Committee? Covenants have mirrored the county land use regulations. Attorney guides us to develop administrative procedures that fairly air the issues, if a violation persists, a lien can be put on their property. Required steps: levy a fine, if unpaid – creates a cloud on title.

Injunctive relief is another method that can result in contempt of court.

Peter thinks that the president should not be the whip. A committee is a better source. Reenact the covenants or a covenant change. A fine is only one tool. Confrontation might be more effective. Current covenants call for arbitration; concern about costs.

Von Hatten: Having experience in this, it’s a public education issue. Elevate awareness of covenants and why they add property value. Develop a covenants one pager/fact sheet. The ARC has been divided about enforcement of the covenants.

Davies: Is the new ARC more unified?

vH: Strong group of ARC.

Allen: Build a white hat community of folks that embrace the covenants. Public education could go a long way to helping. Possible paths forward are in the process of legal review: HOA powers, what is allowable under the current covenants. It might be effective to work within the current structures, while garnering support from the community. There will be friction.

vH: It’s a dilemma that the black hats rogue vs. white hats feeling bullied. Noise, parking, trash, armed guards.

BW: Residents complain but don’t necessarily have a solution in mind. A rigorous triage process would be of value. Board can be a resource. Have you talked to your neighbor? Are their others who share your concern? Firefighters don’t pursue law enforcement issues. Committee needs to provide pathways to the appropriate authorities, such as county sheriff. HOA acts on issues if they need to be escalated. Code enforcement complaint.

Allen – the situation may need a different response.

Peter: Perhaps differential enforcement is problematical.

Jim: The president needs to be involved and bring the weight of the office. And the leadership recruitment needs to take this into account. We need to defend the covenants or we raise the issue of what PBH looks like going forward.

Jo: Please read the covenants!

Davies: Taking two is helpful.

BW: If there is committee, case process will be important – to coordinate when it is appropriate for the president to communicate.

Can amendments be added by voting on the change alone? Thought to be yes – will review.

Public education is key.

Safety & Security Committee? Or create Covenant Enforcement Committee? Jim suggests that the past president/member at large could chair that committee to ensure that it is someone knowledgeable about the issues. Allen said it is an excellent idea to have it led by a member of the board. But the committee needs breadth. Membership needs breadth. Jim suggests head of the ARC, past president, plus one or two other committee members committed to the white hat role.

Jim: Need to cultivate a relationship with Boulder County and how to work together on this and other issues, building on recent successes. Their resources are stretched thin. Land use applications used to require previous ARC approval. This would be quite hopeful.

Allen urged us to personally support these issues.

Jim: Representation from different parts of Pine Brook are needed, especially on the ARC. District representation, know the neighbors, etc. Four or five districts within PBH should be represented, if everyone comes from the same place.

Back to the agenda:

Special announcements:

Burn ban in effect. Forest is dry.

Water: One-way traffic on lower Linden, parking lot here is a staging area and is constricted. Culverts across Linden and up North Cedar Brook planned.

F. Roads

George Gershel: DOT Director will speak at the next community meeting. Linden has been designated a community use road and the county will take some responsibility. We will be requesting support for the October 13 commissioners meeting.

G. Budget

BW: A $2M for road repair this year. $1M match underutilized, $1M for the community roads (like Linden).

Allen: Fire department doing well, and search for mitigation specialist is well underway. Mitigation work for 2015 is pretty much finished. A lot of work was successfully performed. The Anne U. White work was slowed due to the tussock moth hazard, this scope was traded for another mitigation need. Hupka and Palmara are familiar with the progression of the work.

Peter G. asked for verification of the work, so that he can make payment. Allen agreed to follow up with Mike Hupka.

BW: What comes next? Allen and Mike H. have asked Mike Palmara for mitigation recommendation.

Treasurer’s report: Peter Gaal suggests that we develop a conservative, need-based method to prioritize future mitigation work. He distributed the budget to date. The actual dues are running less than half of what was budgeted. This is clearly a problem. Provide a list of who has paid by address only on the web with an email. There was general support for this. Email this week. Non-respondents will receive a USPS mailing.

Other fees, etc. are fluctuating without major impact. Expenses are low.

Peter asked for an executive summary of the covenants for newcomers. Relates back to the one-pager issue.

Allen requested Peter Gaal for budget to put to vote in the first meeting of the year. Peter has a provisional budget, and needs input about future expectations. Mike Palmara to develop recommendations for future work, to be reviewed for fit with budget. BW: still expecting to finish sign this year. Bob willing to do the directory graphics again next year. Suggested to budget at $2,500 consistent with the major savings of the 2014 director over 2012. Peter Gaal requested the list of directory advertisers, and will follow up with Param Singh to bill advertisers. Peter will bring a budget to the January meeting, with board review prior to the next meeting.


Mike von Hatten for ARC: Mike pushing to better serve the community through ARC with rapid review and response for small projects, distribute responsibilities within the ARC. Enhancement projects: Entry sign plan is proceeding. Selecting the stone, work with landowners for a prominent appearance and placement. We formally sought an easement that is now recorded. And the plan is in place.

Enhancement at SCB and Linden – flood memorial. Improve school bus drop off, EarthWorks is involved in preparing the area. The memorial project will not complete this year, as it will follow on the improvements to the water line.

Allen and Jim Iser presented that the memorial is also to the fire district to fund the improvements. BMFD holds the license, HOA to maintain the memorial. permission and access to county right of way is in place. Peter Gaal reports $325 in donations specifically for this purpose. Tim Triggs was commended for advancing renewal of the sign.

I. Vice President’s report

VP report: Roads already covered. Survey got 18% response, which is a good response rate. Interesting responses in terms of what people were willing to do, but some support for households investing $1,000 per household over some period of time. Laying the groundwork for longer term planning for politically viable initiatives.

J. Newcomers

Jo Weidemann: No more beetle busters handouts because the issue has been addressed. Decision to leave BB in the budget without funding until issues emerge.

Twenty-eight new residents so far this year, compared to 32 last year. Mike vh asked whether renters vs. owners should be in the directory.

Allen notes that we have officially run out of old directories. Jo has 8 left. PBP – doing well. No change in the forum.

Good of the order: Need talent for board positions. Dave Davies will roll off.

K. Adjournment

The meeting was adjourned.