Present: Nick Tamm, Maria Downing, Kabir, Gene Langlois, Alex Wilson, Barbara Navin, Loretta Milcarek. Julie Morris, Enzo Gentile
Maria called the meeting to order at 5:45
Loretta explained that she is given guidelines from City of Boulder of procedures to follow in regards to letters of warnings to residents. Eight letters have been sent to residents in the past few years.
Discussion followed describing the many futile efforts made by the Mgmt Co to bring Residents into compliance. It was agreed that there are 6 or 7 “hard cases,” meaning that they are people incapable of changing their behavior and lifestyle choices. Loretta stated that the City of Boulder brought in a psychologist to work with these people when they owned the park.
All agreed to send a letter to all residents notifying them of the clean up efforts. The letter will be a composite of some of the previous letters and will be a group effort. Loretta will email a few sample letters to work with.
Those residents whose yards/homes were graded “unacceptable” during the walk around (and do not comply with General Letter) will be sent a second letter designed to intimidate with a notice of alleged violations to“get their attention.” These letters will serve as a formal notice of failure to comply and will include the fine assessed.
Julie and Enzo will be given photos of these “non compliant homes.” They will watch for improvements and report to Loretta. Letters with additional fines will be sent every 10 days to 2 wks to those who remain non-compliant.
The Management Co will follow up with home owner’s disagreements.
When the dollar amount exceeds $1000.00 (with or without back rents) the replevin rule may be applied.
Definition of Replevin:
Replevin, sometimes known as "claim and delivery", is an old-fashioned legal remedy in which a court requires a defendant to return specific goods to the plaintiff at the outset of the action. Although rarely used, replevin can be a very powerful weapon in a case where somebody is wrongly holding your property, because it deprives the defendant of the use of your property while the case is awaiting trial, which increases the likelihood of a quick settlement.
Evictions: All agreed to limit possible evictions to 6 or 7 homes. These homes may or may not coincide with those in the non-payment of rent category which is being handled with another protocol.
The procedure for eviction must be decided before notice is given. Each situation will be unique and will be decided on an individual basis.
Because the home is owned by the resident it is viewed similarly to personal property. Therefore the home itself must be removed. However, if the title to the home has been surrendered to the Mgmt Co, the instrument of replevin may be an avenue of recourse.
It has proven difficult, if not impossible, to persuade a court of law to rule in favor of evicting a home owner for infractions of rules and regs involving unsightliness.
Loretta suggested the use of peer pressure as a possible motivator. The group agreed this could be effective for some but not for all.
It was suggested that Enzo’s name be given to residents in need of hired help.
The following 16 home owners will receive “the 2nd letter” if the general letter isn’t effective. (these items removed by editor)
A resident whose husband died is having financial difficulty. Her paperwork to collect her own benefits is in process; however, she is need of financial assistance. Maria motioned that a recommendation be given to the Exec Board to allocate funds(amount to be determined) to assist her for a time (to be determined). Gene seconded the motion. Motion passed unanimously.
Nick requested that Maria inform the committee of Kathryn Alexander’s resignation. Maria read the resignation letter aloud. Reviewed were each of Kathryn’s reasons for resigning. Nick gave the new administrations perspectives and answered questions.
Lot 81: Nick informed the group that Willem from CU wrote requesting a final commitment on the project by Fri 13th of May. The committee agreed that it would be good to be able to enter into a project with CU; however, the consensus was that this particular proposal is unrealistic for a variety of reasons. (editor's note: this decision has since been reversed)
Infrastructure: The 2 phase plan as outlined by Bill Windsor at the Quarterly meeting was discussed. The idea of dividing the park at the bridge into North and South and completing each half consecutively was favored by all.Julie and Enzo offered that 75% of the sewage problems occur in the South section. The South section was built first and is older. It also has the bigger and older trees that disrupt the sewer lines.
Nick encouraged Barbara Navin to convey this idea to Bill Windsor at TCH.
Maria adjourned the meeting at 7:30 PM
Respectfully submitted by Maria Downing
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