SECOND UPDATE ON BALLOTS AND FINAL COVENANTS MAILING

The Governance Committee continues to consult with the ZHA attorney on many of the comments received regarding the Second Amended and Restated Declaration of Protective Covenants on the Zapata Subdivision. At this time, we do not have a revised date for sending out the final version and ballots. However, we know the ballots will not be due until after the Annual Meeting on August 3, 2019, as we will address the revisions and process for moving forward at this meeting. We will keep you posted on when the next mailing will be sent. Thank you for your patience.

UPDATE ON BALLOTS AND FINAL COVENANTS

The mailing of the ballots and the final version of the Second Amended and Restated Declaration of Protective Covenants of the Zapata Subdivision will be delayed. The Governance Committee is working with the ZHA attorney to finalize the Amended Declaration. Another update will be posted on Tuesday, May 14, 2019. Thank you for your patience.

ZHA Covenants Revision Open Forum April 27 2019 Agenda

Second Amended and Restated Declaration of Protective Covenants

Review Meeting Agenda

April 27, 2019

1. Introductions – Suzanne DeVore, Facilitator (Items 1 – 4: 1:00 pm – 1:15 pm)

a. Facilitator

b. Board Members

c. Governance Committee Members

d. Attendees (round the room – Name, Zapata Address, # of years as ZHA Member)

2. Agenda Review – Suzanne

3. Process for submitting comments at meeting – Suzanne

a. Submit comments on index cards

b. Reference article/section of draft

c. Reason for update/addition

d. Suggested Language

4. Ground Rules – Suzanne

a. Cell phones OFF

b. Agree to disagree - constructive, honest debate is desirable

c. Respect each other’s opinions

d. One person speaks at a time

e. Seek first to understand, then to be understood

f. Attack problems, not people

g. Silence is agreement

h. Facilitator will keep the meeting moving

i. Parking Lot

i. items to be researched

ii. items that are important but not relevant to the covenants ( e.g., a change in policy not addressed in

covenants)

5. Overview of ZHA Governance – Nancy Starling Ross, Governance Committee (1:15 pm – 1:25 pm)

a. Governance Documents

i. Original Covenants (1975 and 1981) and Plats

ii. Articles of Incorporation

iii. By-Laws

iv. Policies (including Architectural Guidelines)

b. Local, State, and Federal Regulations

c. Governance Committee

d. Reasons to Revise Current Covenants

i. Two sets of covenants – which in some areas conflict

ii. Reference to infrastructure that was never installed

iii. Outdated regulations

6. Questions on changes from current covenants and 2017 revision (see Lengthy Comparison of Covenants 1975/1981/2019 )

– Governance Committee (1:25 pm– 2:05 pm)

7. Review of comments received at meeting – Governance Committee (2:05 pm – 2:50 pm)

8. Next Steps – Erin Smith, Board Member and Governance Committee Chair (2:50 pm – 3:00 pm)

a. Governance Committee reviews outstanding items

b. Governance Committee completes updates to final Second Amended and Restated Declaration of Protective

Covenants based on comments received

c. Response to comments and final Second Amended and Restated Declaration of Protective Covenants posted on

ZHA website

d. Call campaign encouraging membership to vote starting 5/1/19

e. Final version mailed to Lot Owners/Property Owners for mail in voting on 5/15/19

f. Ballots due back to WSB on 7/1/19 (by mail or hand delivery to WSB

Governance Committee Meeting Minutes

3-21-19

Governance Committee minutes for March 20

The Governance Committee met at the home of Chairman Erin Smith, 162 Cedar Ridge Road, at 5:30 p.m. Wednesday, March 20, 2019.

Members present: Erin Smith, Nancy Starling Ross and John and Tyra Barnes.

Discussion was held on the covenants and policies.

The committee decided that Nancy and Erin would respond to questions, reviewing their answers with the committee before forwarding them to the Board. John will compile the questions and answers and later they will be placed on the website. There have been only two comments and responses to date.

The open forum on the proposed covenants will be held from 1-3 p.m. April 27, 2019, at the Great Sand Dunes National Park. The committee is suggesting that we have an outside facilitator, preferably one of our attorneys from McClure and Eggleston to introduce that firm to the homeowners. The agenda will be similar to that of the last forum on the covenants two years ago.

Tasks for the forum: Nancy will have her computer, do the handouts including the agenda and copies of Tyra’s cross reference. Erin and Tyra will be in charge of the food. Tyra will bring pens. Erin will bring index cards for comments/questions and name tags.

The committee will hold a meeting at Nancy’s on April 30 to go over any changes to the covenants resulting from the April 27 open forum. Committee members and others will start calling members on May 1 to get out the vote on the covenants. Although the main goal is to pass the covenants this time, it is important that members vote. The deadline for receiving ballots will be July 1, 2019; ZHA members can walk their ballots in to WSB which will be handling the election.

As to policies, Nancy said they are inconsistent in their formatting and have too much detail. She has corrected the formatting to make it unified. There are critical changes in three policies that need to be made relating to last year’s change in the acreage—raising the acreage to five acres, up from three—for two assessments. Changes need to be made in Policies 9.05 (need to change to say 5 acres or greater - not greater than 5 acres), Policy 011.01 (remove reference to statute and 3 acres), and Policy 033.00 (remove reference to policy 009.0X and the 3 acres).  The committee is considering May 31 for a meeting on the matter.

Erin Smith, chairman, March 21, 2019 


Dog Attack Update

ZHA members attended the court hearing on Monday, 3/4/19.  A traveling judge from outside of the valley was assigned. The DA is filing a motion that will ask the Judge to quarantine the dogs.

A hearing date to be determined will be held on this motion at which time Association members can testify or make a written statement about fears for safety with the dogs still in the subdivision. These statements may be sent to John Barnes, who will forward them to the ZHA attorney. (use this email:  John@CreativeWave-LLC.com ).

The next appearance for the dog owners will be May 6 at which time they will enter a plea.

John Barnes

Lengthy Comparison List of 1975, 1981, and 2019 Covenants

ZHA members, you'll be seeing a new packet in your mailbox containing information about the upcoming Revised and Amended Covenants revote along with a full copy of the SECOND AMENDED AND RESTATED DECLARATION OF PROTECTIVE COVENANT OF THE ZAPATA SUBDIVISION. These are the revised version undertaken in response to the 2017 vote. Tyra Barnes and the Governance Committee wrote up a thorough comparison of the 1975, 1981 and 2019 covenants to help clarify where the different covenants that currently govern the ZHA (1975 and 1981) contradict each other and are out of compliance with state statutes. The document also provides context for the proposed 2019 revision.

You may also request a copy of this document by mail by contacting the ZHA administrator, Cindy Chapman at zapatahoainfo@gmail.com or by phone at 719-589-6770.

Please find the Lengthy Comparison List of 1975, 1981, and 2019 Covenants in this attached document for your review by clicking HERE. The .pdf document will open in a new window.

The ZHA is a Firewise Community

The ZHA is a Firewise Community! As part of the National Fire Prevention Association, communities across the US take part in educating their members about wildfire prevention, host a community event (a requirement of membership), and work together to reduce fuels and risks of wildfire in their communities. We are proud to participate and use the educational resources available to us through our participation in NFPA as a Firewise Community.

Read more here and to view our renewal certificate!

Communications Committee Minutes December 28, 2018

The Communications Committee met at the home of John and Tyra Barnes on December 28, 2018. Committee members present were Chair Anna Dvorak, Jack Zeman, John Barnes and Tyra Barnes.

The agenda item was to plan out the schedule and draft language for the second round of the covenants revision as the committee was tasked to manage and oversee by the Governance Committee. The topic was discussed and the committee revised and refined the proposed cover letter that will be submitted by first class mail to all ZHA members. A timeline was laid out and dates scheduled for the three mailings and final vote. The committee discussed at length the best way to reach members with this new outreach effort in the attempt to complete a successful education effort and revote.

Building a Wildfire Resistant Home

This article has been included as a link in the “Building Your Home” section of this website. It includes excellent updated information about the costs associated with building a wildfire resistant home, which are roughly the same as building a conventional home.

Wildfire disasters will be more common if unmitigated home development continues in the wildland-urban interface.

  • A new home built to wildfire-resistant codes can be constructed for roughly the same cost as a typical home.

  • Costs vary for retrofitting an existing home to be wildfire-resistant, with some components such as the roof and walls having significant expense. Some of these costs can be divided and prioritized into smaller projects.

  • Technology and standards exist today that will make communities safer. Cities, counties, and other jurisdictions can implement wildfire-resistant building codes to reduce their vulnerability to wildfire.

Wildfire Mitigation is Essential - tips from California

This article from the Washington Post outlines some excellent tips from homeowners who survived the Camp Fire in California with their structures (and lives) intact.

In case there is any doubt - wildfire mitigation, preparation and awareness is the best thing we can do to prepare for fire when it comes through. This article is really good and provides some excellent tips that piggy back on mitigation tips that many of us have already begun working on!

A quote from the article:

"Many fire-prevention measures can be cheaply addressed by homeowners: Clear pine needles and other flammable debris from roofs, rain gutters, decks and yards. Avoid stacking firewood directly against a house. Border the home with bare-soil flower gardens, rather than bark mulch. Replace wooden fences with materials that don’t burn. Install mesh screens over vents to prevent smoldering material from getting inside. Surround homes with fire-resistant hardwood trees, like aspen, oaks and maples, which can form a heat shield and wind damper during a conflagration."

LARGE ITEM DUMPSTER DELIVERED TO SUBDIVISION 10-1-2018

A large open dumpster has been delivered to the subdivision so that members can get rid of some of those bulky house cleaning items. Old chairs, appliances, dressers, etc. Dumpster will be located at Willow Place, three streets inside the gate above Mill Run. This dumpster is for use by residents ONLY and will remain on site until filled.

Refrigerators and freezers MUST BE DRAINED of freon and motors removed

NO Tires

NO Dirt, rocks, or cement

NO Paint

NO Electronic devices

ALL items must fit within the walls of the dumpster

Disassemble items as much as much as possible

NOT intended for construction or remodeling projects

State and Local Landfill Regulations govern what is allowed and is strictly enforced and may result in fines.

Jack Zeman, Chairman Zapata Homeowners Association zemanswi@gmail.com

719-496-7923

Draft Covenants Revised Version June 2018

The governance committee has made changes to the draft covenants that were submitted to the membership for a vote last year. The vote narrowly passed in September 2018, but the margin was not wide enough to warrant passage. The board submitted the covenants with a petition to approve, which went before a judge earlier this year. The judge did not agree with our position that we had enough votes for passage when voting members not in good standing (I.e. in arrears with their dues payments) were not counted and he did not approve our petition. 

The governance committee has incorporated changes that took into consideration several points of concern amongst the membership. The board is submitting this current draft for review by the membership. At the August 4 annual meeting of the membership, the board will take a vote by members in attendance, and their proxies, on whether or not to pursue a second vote. The process of taking a second vote would follow the same process last year: the draft amended covenants would be mailed to the membership two times, an open forum questions and answers session would be advertised and held for the membership to attend and discuss, and the vote would be conducted with a third-party receiving the ballots and counting the results. The estimated cost to remount the vote would be about $5000, depending on the size of the packet (there is an option to reduce the number of pages, reducing the mailing costs.)

Please take the time to review the attached DRAFT AMENDED COVENANTS OF THE ZAPATA HOMEOWNERS ASSOCIATION and please attend the annual meeting on Saturday, August 4.