Submitted by April Parcels, HOA1

Daybreak Meadows, also known as the Dead Zone, is a triangle shaped parcel of land of slightly more than 10 acres on the easterly side of HOA1.

The story of the tracts begins with the original intent of the developer of the subdivision, Writer Corporation, to build homes on the property. When Writer conveyed common areas to HOA1, Daybreak Meadows was conveyed in an unimproved state.

The area had been high pasture land before development and retained some of that character. Development had allowed a variety of non-native plant species and weeds to invade the area. Beginning around 10 years ago, minutes of the HOA1 Board reflect a growing concern with maintenance of the area and the control of weeds.

Due to the situation of Daybreak Meadows within the larger Lagae Ranch tract, there was no direct access for maintenance. Eventually a open space professional was contracted by the Association to maintain the area by controlling weeds by spot spraying. Other efforts were needed to remove construction debris that had accumulated over time.

Beginning in 2006 discussions took place about completing the community of Castle Pines North. The Lagae Ranch was identified as an area that would allow for development of additional community amenities such as a park and other non-commercial buildings.

With the incorporation of the City of Castle Pines North in late 2007 and re-zoning of Lagae North in 2008, plans were put in place to build a charter school, a church, and a park. As the process proceeded, Eva Mitchell represented HOA1 in discussions and negotiations with the land developer. Eva negotiated an easement agreement that allowed for the construction of a park on part of Daybreak Meadows. The easement agreement provided several very important protections to the residents of HOA1:

The agreement limited uses to open space, trails, rustic playgrounds, as well picnic and park tables and benches.

Active ball fields and field lighting were expressly prohibited.
The property is to be kept in a native and natural state with trees and grasses.
Charter school parking lots were restricted to be out of sight from HOA1 homes.
The alignment of a Monarch Boulevard extension was specified to not allow direct access to the charter school from Monarch.

Several set backs from HOA1 homes were specified. These included set-backs from homes on Shoreham to the south of Monarch, an area where HOA1 had only a few feet of setback distance from Lagae Ranch.

Building restrictions were specified for any buildings erected on the parcel. The restrictions limit the types of buildings to being civic in character, require a 250 ft. setback from HOA1, and restrict height to no more than 35 ft. from grade elevation. HOA#1 was entitled to reimbursement of its legal costs in negotiating the easement.

The easement was agreed to by the HOA1 Board and the developers. It was recorded with Douglas County and now runs with the land.

Over the past several months, the HOA1 Board has come to the conclusion that conveyance of the parcel to the City of Castle Pines North would be a preferable solution to continuing with the easement.

Although the easement does provide the Association with protection against liability, the ownership of a substantial tract of property in a community park presents liability risk issues nonetheless.

The Board will present a conveyance agreement to the membership at the annual meeting. This agreement will ensure that all the protections and concessions negotiated in the easement will continue to the benefit of HOA1 residents. Those benefits include the alignment of Monarch to reduce drive-thru traffic to the American Academy Charter School and the additional setback space for homes on Shoreham.

Acceptance of the conveyance requires a majority of those attending the meeting in person or by proxy. The Board strongly encourages homeowners to return their proxies before the deadline. Questions can be addressed to any HOA1 Board Member.

New HOA#1 Annual Meeting Process

The HOA#1 Annual Meeting of members is scheduled for Wednesday, November 18, 2009, at 7 p.m. at the HOA#1 Clubhouse, 7233 Tenby Way. Several things will change with this meeting from prior practice. This short article outlines the key changes.

In early 2009 HOA#1 put in place new sets of declarations and bylaws. The process capped an effort that took several months. With the new documents, HOA#1 is now a CIOA or Colorado Common Interest Act community. CIOA puts several protections in place for homeowners and impacts substantially the annual meeting process.

Previously, the HOA#1 annual meeting was in September. The new declarations and bylaws and the CIOA status create a requirement that the homeowners agreed to a budget at the annual meeting. This is in contrast to the former practice of the Board on its own setting the budget and the monthly assessment amount.

Other changes have also been put in place. The proxy process has been simplified to allow a post card proxy that can be returned via business reply mail without postage. In addition, the proxy process for personally solicited proxies has been simplified to allow collection of all names on a proxy on a single sheet. Both processes will help speed up the ballot county process at the annual meeting while ensuring that the interests of the homeowners are fully represented at the meeting. Mail-in proxies will be sent to each homeowner. Personal solicitation proxies may be received from Hammersmith Management or any Board member.

The deadlines for proxy returns are 24 hours before the meeting for the post card, mail-in proxies and at least 30 minutes before the scheduled commencement of the annual meeting for personal solicitation proxies. Proxies received after the deadlines will not be counted or considered.

The agenda for the annual meeting has three items:

Election of two directors for a three year term.
Presentation and adoption of the 2010 HOA#1 budget.
Approval of a contract of conveyance for Daybreak Meadows.

To be in compliance with the notice provisions of CIOA, the Colorado Non-Profit Act, and the new documents the topics of the meeting must be limited to those in the meeting notice.

Questions about the annual meeting can be directed to Scott Ryan at Hammersmith Management or any HOA#1 Board member.