Annual Meeting Saturday August 3

ZAPATA HOMEOWNERS ASSOCIATION

ANNUAL MEETING AGENDA

AUGUST 3, 2019

9:00 NEW MEMBER ORIENTATION (Based on Prior Arrangement)

10:00 WELCOME, INTRODUCTION OF CURRENT BOARD MEMBERS,

            AGENDA OVERVIEW

            ACCOMPLISHMENTS OF THE HOMEOWNERS ASSOCIATION

            RECOGNITION OF BOARD MEMBERS AND VOLUNTEERS

            NUMBER OF BOARD MEMBERS

            RESPONSIBILITY OF BOARD MEMBERS AND COMMITTEE MEMBERS

10:30 BALLOTING (3 – 3 Year Terms)

                ■ Have Each Person Running Introduce Themselves and What They Will
                    Bring to the Board

10:45 Covenants Vote Discussion

11:30 Recognition of New Board Members

11:35 Adjournment

11:45 Music and Picnic (Potluck picnic with brats supplied by the ZHA)

Proposed Covenants Rewrite Documents for Review

A mailing has gone out to the membership today with the following documents for membership review. The 2019 Written Comments and Response List is a documented record of written responses that came in to the Governance Committee, along with the response from the Governance Committee. The Draft Comparison is a side by side comparison of the conflicting covenants that currently govern the ZHA. The last document is the draft proposal of the Revised Declaration of Protective Covenants which will be voted on after the Annual Meeting. There will be an open forum to answer any remaining questions at the Annual Meeting of the membership on Saturday, August 3. There are three documents available for review - click on each one to open in a new window.

Dangerous Dog Policy Approved

The Dangerous Dog Policy was approved at the June 20, 2019 meeting of the Board of Directors. The Policy Index has been updated. To read the signed Policy, click here. To view the ZHA Policy Index, visit http://www.zapatahomeowners.org/basic-governance on this website.

Policy 0035.01 Danger/Vicious and At-Large Dogs

A member having a dangerous or vicious dog or having a dog at-large on the Zapata
subdivision will be subject to this policy as defined by Alamosa County Ordinance 13
and Colorado Revised Statute (C.R.S.) 18.9.204.5. Any dog belonging to a member,
guest/family of members, or renter of member’s property on the ZHA subdivision is
subject to this policy. The ZHA member or “responsible member” will be held
accountable for a dog’s action and will be subject to the provisions below. The Board of
Directors may take legal action against the responsible member should he/she fail to
comply with this policy. For board action to take place, a dangerous/vicious dog or dog
at-large must be reported to both the ZHA administrator and the Alamosa County
Sheriff’s Department/Animal Control. The ZHA cannot enforce this policy unless the
dangerous/vicious dog or dog at-large has been reported and documented by the
Alamosa County Sheriff/Animal Control.

Dangerous/Vicious Dog

Any member (or guest/family/renter of a member) who has been cited by Alamosa
County and found guilty as having a dangerous or vicious dog in the Zapata subdivision
shall be required by the Board of Directors to permanently remove the animal from the
Zapata subdivision. Failure to remove the animal from the subdivision within seven
days of notification by the board will result in a fine to the responsible member as
defined in Policy Number 026.XX – Enforcement of Governing Documents/Fine
Schedule.

At Large Dog

A dog that leaves its owner’s property needs to be under control at all times and not at large
as described by the County Ordinance and State Law. A dog that is at-large in the
Zapata subdivision is a nuisance and can be a threat to humans, other pets, and
wildlife. When a member (or guest/family/renter of a member) has been cited by
Alamosa County and found guilty as having a dog-at-large, the responsible member will
be fined as defined in Policy Number 026.XX – Enforcement of Governing
Documents/Fine Schedule.

Board Approved: June 21, 2019 Effective Date: June 24, 2019

Final Draft of Covenants Rewrite Ready for Mailing

The Governance Committee has completed work on a final draft of the 2019 Second Amended and Restated Declaration of Protective Covenants.  This draft will be mailed to the ZHA membership on July 3, 2019.  At the ZHA annual meeting on Saturday, August 3, 2019, the committee will take questions and comments on this final draft.  The committee’s goal is to mail the final version of the covenants for a vote on Monday, August 26, 2019, with ballots due back on Monday, October, 7, 2019.  Details of changes from the previous draft are addressed in the July 3, 2019, mailing cover letter.  Thanks to the membership for their continued feedback on the proposed covenants and your patience as we worked through the many comments and suggestions we received.

THIRD UPDATE ON BALLOTS AND FINAL COVENANTS

The Governance Committee has completed work on a final draft of the 2019 Second Amended and Restated Declaration of Protective Covenants. This draft will be mailed to the ZHA membership on July 3, 2019. At the ZHA Annual Meeting on Saturday, August 3, 2019, the committee will take questions and comments on this final draft. The committee’s goal is to mail the final version of the Covenants for a vote on Monday, August 26, 2019, with ballots due back by Monday, October 7, 2019. Details of changes from the previous draft are addressed in the July 3, 2019, mailing cover letter. Thanks to the membership for their continued feedback on the proposed Covenants and your patience as we worked through the many comments and suggestions we received.

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.

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."