CCR Chat from 1.11.22
Thank you to all who attend the community forum meeting on January 11th. We were not able to get to all of the comments / questions, so we have summarized some of the questions from the chat and have initial answers below. We will continue to follow-up on several of these issues and share additional information as it becomes available.
We will be holding another community meeting in the near future, where additional structure will be used to provide more opportunity for comments.
General Questions:
Request to Board to amend Conduct of Meeting Policy to allow recording of meetings
Board meetings will be open to the community. Notice of Board meetings will be posted in advance at https://caliber.vistamgmt.com/CaliberWeb2_VistaMgmtAssociates and on CCRTogether.org. All community Zoom meetings will be available via link to homeowners. The Board has elected not to allow recording at this time to protect homeowner privacy, recognizing the trauma suffered, and to encourage participation.
2. What is the purpose of this meeting? What are the objectives of this meeting? What are the deliverables from this meeting?
The purpose of the meeting was for the Board to notify the community of what actions they have taken and to be an open forum to hear from residents. The objectives were for the Board to get a better understanding of what the community wants and needs are. There was not an intention to have resolution at this meeting. Agendas will be posted for all meetings, which will help clarify oals and objectives, on the date the meeting is announced.
3. Does the board have any plans on updating any of the covenants, rules and regulations? Seems these “rules” were put together many moons ago and some are certainly antiquated. Will the people living in these neighborhoods get a vote in these rules and covenants?
The Board is putting together a homeowner committee to create reconstruction guidelines that will address current needs and facilitate reconstruction, and will be seeking community feedback. For clarification purposes, guidelines can be adopted by the Board with community input and are not the same as Covenants that are to be voted on by the community. Draft guidelines will be made publicly available, with a process to providing feedback and comments before adoption. All governing documents will be reviewed by our attorneys once again (happened a few years ago) to incorporate issues / solution created by Marshall Fire
4. My family is relocated to out of state will stay here most of the time for now. Can you setup periodic online sessions so we can ask questions remotely?
Yes, please make sure your contact information is on file at CoalCreekRanch@vistamgmt.com Questions can be asked via CHAT and also when a person raises their hand. We will have monitors watching the CHAT comments and someone watching for raised hands so homeowners don’t feel ignored. It will not be possible to answer all questions ‘real-time’ but we will summarize and post answers / comments within a few days of the community meeting.
5. How are you fulfilling your fiduciary duty to us? - Does the board have a fiduciary responsibility to members of the HOA or only to the HOA itself? (Speaking as someone who had a total loss.)
The Board are comprised of community volunteers and has a fiduciary duty to the CCRHOA community, the duty is that board members must act fairly, in good faith, and in the interest of and for the benefit of the HOA as a whole. The Board is taking many steps to provide support through this difficult time.
6. Have we received the reports about the VOC levels in the neighborhood?
Please visit https://www.louisvilleco.gov/Home/Components/News/News/5564/17
7. How are you becoming trauma informed leaders?
This comment has been received. We need more discussion on this topic and will report back to the community. We will be working closely with County, City, Community Management Company and our legal team to help deal with and manage this unprecedented event. The Board are not qualified psychologists but resources are available at the state and county level. We welcome qualified homeowners’ input on how to help the community through this trauma. If you have specific skills in this area, we encourage you to volunteer your skills and time to help our community through our communications Committee.
8. You said that dues will be used for rebuilding common areas. Are these common areas not independently insured? Insurance, not homeowner’s, should be covering rebuilding. - IF you have insurance, we shouldn't have to pay any dues. We don't have access to the amenities.
The common areas are insured and we have an insurance claim filed. The insurance adjuster has been out a few times and we have met with him and will be having more meetings in the future. Our deductible for fire is $1,000. The HOA still has an obligation to maintain the common elements,= and a loan to pay back for the clubhouse renovation and operating expenses., but we will look into available funding sources. We hear and appreciate this comment.
Common areas will be available to homeowners who are displaced, including use of the HOA Clubhouse, for community meetings on re-building issues and use of the pool and tennis courts, once they are open. We believe that many residents will appreciate having the pool as an area to gather with your neighbors who are now far-flung as we heal together.
9. Perhaps we need different meetings for those with total loss and those with partial loss.
This request has been heard. Board agrees and will implement ASAP.
10. Is there a household large trash scheduled for some time soon? Thought I saw something on this?
Please visit Debris removal https://www.louisvilleco.gov/Home/Components/News/News/5578/ and https://www.louisvilleco.gov/Home/Components/News/News/5586/ for debris removal information. Fire debris removal is complicated and the county and city have specific requirements that MUST be followed. Please read the documents in the attached links. City just announced the debris removal is scheduled to start 1/14/2022 in a defined sequence.
11. Can we get new copies of the covenants?
All governing documents can be found at https://caliber.vistamgmt.com/CaliberWeb2_VistaMgmtAssociates or email CoalCreekRanch@vistamgmt.com
12. The amenities that you listed, the beautiful lawns the tennis courts, the pool, are not usable by any of the families who lost their homes. Following the same logic of removing fees for garbage collection, fees to use community amenities should also be removed. Can you please justify how it is appropriate to continue charging HOA dues to families who have lost their homes? What are you going to do to reduce overall costs?
This comment has been received and taken into consideration. We still have a duty to maintain the tennis courts, pool, as well as pay the association bills including insurance, utilities, paying back the loan, legal fees and snow removal. Section 8.27 of the Declaration says that all assessments will be payable in the amount specified without offset even if an owner claims that a particular function funded by the assessment does not benefit that owner directly or for any other reason.
In addition, common elements will continue to be open for use by homeowners who need a place to gather with other neighbors. Finally, the HOA will be providing new services and support to assist those impacted by the fires.
13. Can we close the pool until homes have been rebuilt? The CCCRHOA has 486 properties. It is our understanding that 162 properties were destroyed and that means approximately 33% of the total community. It is the HOA responsibility to maintain the amenities that are in our HOA for the benefit of all property owners.
At this time, we do not have an answer on this but this comment has been received. We have received feedback from both residents who lost homes and those who still have homes that the pool and common amenities are a big part of what they loved about the community, and they want these resources to stay open.
14. How are you supporting residents with a total loss?
The HOA’s top priority is to bring the community back to the beautiful neighborhood it is. The CCRTogether.org website has been created to be a resource with helpful, up-to date information. We will work with county and city officials to assist homeowners in their rebuild efforts and continue communications meetings to provide a forum for bringing up issues and actions needed. We have many other ideas that we are exploring, which will be presented at future Board meetings.
15. For Boulder County, how is the FEMA demolition process going to prioritize areas for rebuild?
Here is the website for FEMA https://www.fema.gov/disaster/4634 and the contact information for Boulder County: Claire Levy, clevy@bouldercounty.org
16. Will there be meeting minutes?
Yes, all minutes are listed at https://caliber.vistamgmt.com/CaliberWeb2_VistaMgmtAssociates or email CoalCreekRanch@vistamgmt.com once Board approved
17. How will the HOA work with the city?
The Board has asked city members to attend HOA meetings to provide information to the community and listing their resources on the CCRTogether.org website. We will engage all county and city attendees in conversations with homeowners who lost their home. Future Zoom meeting will primarily be directed to individuals that have lost or damaged homes, with all homeowner including those who did not lose their homes allowed to listen in and send questions on the subject being discussed to the CHAT session
18. How long has the HOA been in existence with Vista Management? If Vista wasn't the original manager, then they may not have plans.
Vista has been managing since the early 90’s but does not have home building plans. For anyone who needs floorplan details for their insurance adjusters, you can request them from the Boulder County Assessor at 303-441-3530. For blueprints: https://www.louisvilleco.gov/local-government/government/departments/planning-building-safety/building-and-planning-records-requests/planning-zoning-records-request-15302
19. You should have a declaration page for the insurance coverage, and as members of the HOA, we should probably have access to that information. Does the HOA hold D&O insurance?
The declaration page for the insurance can be found at https://caliber.vistamgmt.com/CaliberWeb2_VistaMgmtAssociates or email CoalCreekRanch@vistamgmt.com. We do carry D&O insurance.
20. How do we elect new board members
Following the meeting on January 11th, the District Delegates held a Special Meeting and removed all existing Board members per the Bylaws, Section 7.6, and will be conducting interviews for Board candidates and electing a new Board of Directors.
21. Board, are you going to work with the city to implement better disaster warning system?
Please direct these concerns to your councilperson Kyle Brown kbrown@louisvilleco.gov and Dennis Maloney dennismmaloney@gmail.com 22) How many homes in CCR were a Total Loss?
162 (out of 486 homes total)
23. Where do we get the right of entry form?
Right of Entry form: https://content.govdelivery.com/accounts/COBOULDER/bulletins/30534f8?fbclid=IwAR2t5lT268pFpG14cV-_i9AsCn7uwMhEJn3EK58XeQ7pIw0rb8v3e3m8icg
24. Can we ensure everyone on this call is invited to the Slack group?
The link will not be posted on CCRTogether.org.
25. What if someone cannot rebuild, or decides it will cost more than the market value?
We are sensitive to this issue. Section 9.17 of the Declaration states that in the event of damage or destruction of an Improvement the owner, subject to ACC approval, must either 1) cause the damaged or destroyed Improvement to be restored or replaced to its original condition or other condition approved by the ACC; or 2) demolish the Improvement and landscape the lot to present a pleasing and attractive appearance. However, we expect this will be an issue to be addressed as we move forward, with a goal to work with homeowners.
26. Net zero is a huge concern. The city council has to address this soon.
From Claire Levy Boulder County Commissioner: I want people to be aware that a group is looking for funding sources so that if people want to rebuild a net zero home or something else that is energy efficient there could be resources to fill the gap between insurance and the cost. This is a critical effort that we feel is MUCH needed. We encourage everyone as property owners in Louisville to partition the city council for consideration to help with the issue. The HOA will lobby with you to the county and city as appropriate. I spoke with the mayor tonight and she assured me that they are working on this and will invite me to their meetings to discuss options and issues. Homeowners who have not should register with FEMA and SBA who may be able to provide some funds at a very low interest rate – per their web site.
27. For next meeting, can there be an agenda and someone more professional to facilitate?
Yes, we will work on facilitating a more productive meeting moving forward. There will be an agenda published at least the day before the meeting