Letter to Owners regarding Restated Covenants, February 2016

February 14, 2016

Dear neighbors and membership of BCSCA,

As we wrote last summer, the Board will propose an amendment to the Covenants of the Bridger Creek Subdivision Community Association, to be voted on at the May 2016 Annual Membership Meeting. We are writing today to present a draft of the proposed Amended and Restated Covenants, allowing the membership to offer thoughts and feedback before the final version is sent to the membership for a vote.

The Amended and Restated Covenants will accomplish two things; first, clarify how maintenance and improvements are funded through assessments, and second, removing reference to Golf Course Partners as the declarant. The funding issue will allow the Association to continue to operate in a consistent and efficient manner, and the change in definition of the declarant is merely a housekeeping issue to bring the Covenants up to date. The proposed changes will be presented as a new version, the First Amended and Restated Declaration of Covenants and Restrictions, rather than amending the existing document line by line.

BCSCA has collected an annual assessment of $75 per owner per year since 2002. This money has been used to fund both maintenance and improvements in the past. As a result of a court ruling, the Covenants were interpreted to require a separate vote each time BCSCA wishes to spend any money towards improvements. The ability for the Board to fund small improvement projects (such as landscaping in the parks, benches, drainage improvements, etc.) is key to the Association operating efficiently and effectively. If every small improvement requires a separate vote of the membership, the Association will spend increased amounts for postage and office related expenses, driving up the cost and time required to run the Association. This could result in having to engage a professional property manager to handle the affairs of the Association, which would also likely increase dues exponentially.

While the Board desires to maintain the efficiencies of how the Association has operated to this point, it also recognizes there must be a system of checks and balances to ensure that the Board cannot spend large sums without the approval of the membership. In order to accomplish this, the Board is proposing that the Annual Assessment may be used for improvement projects with a total cost under $5,000. Any improvement project with a cost greater than $5,000 would be deemed a Capital Improvement, requiring approval of the membership to levy a Special Assessment for funding.

The current BCSCA Covenants, along with the proposed First Amended and Restated Declaration of Covenants and Restrictions, can be reviewed at http://bridgercreek.blogspot.com/. Members may also request copies be emailed by contacting bridgercreekboard@gmail.com.

SUMMARY OF CHANGES INCLUDED IN RESTATED COVENANTS:

• Add a definition of “Annual Assessment”, allowing expenses of administration, maintenance, and improvements to be funded through this assessment.
• Add definitions of both “Improvement” and “Capital Improvement”. Capital Improvements are those anticipated to cost more than $5,000.
• Article VI Assessments – remove the word “maintenance” in Sections 1-5 in order to be consistent with the definition of Annual Assessment.
• Revise Article VI Section 6 to require a vote for a Special Assessment in order to fund a Capital Improvement.
• Revise the definition of “Declarant” to include the Association.

It’s important to also note what will not change with the proposed amendments:

• The minimum annual assessment will remain at $75 per year, unless the membership agrees to change the amount as provided in the Bylaws.
• The manner of voting and requirements for approval of Special Assessments will not change, maintaining the checks and balances provided by the original Covenants.
• No Capital Improvement projects are being considered at this time. Small improvement projects will be paid through the Annual Assessment, as was done in the past.

The Amended Covenants must be approved by 75% of all BCSCA members. This means we will need approval from 204 of the 272 voting members. This is almost double the number of members that typically vote or send proxies for the annual meeting. It’s imperative that every member participate in this process for it to be successful. If the changes are not approved, it is unlikely that the Association will be able to accomplish anything but routine maintenance in the future without increasing annual dues.

The Board recognizes that there are many other areas of the Covenants that could use revision and clarification. It would be an enormous task to communicate and discuss all the possible shortcomings of the Covenants, so we have focused on just the current matter at hand, in order for the Association to operate as it has done in the past.

The Board welcomes thoughtful input from the membership on this and any other issues. The next meeting of the Board is scheduled for March 7^th, 2016, when the Board will discuss the final version of the proposed covenant changes. Following the Board meeting, the Annual Meeting Notice and the final version of the proposed Amended and Restated Covenants will be provided to the membership. The Annual Meeting is scheduled for May 2, 2016.  We hope that you will help us by reviewing the proposed changes, offering your support or constructive input, and participating in this process that will benefit our community. Thank you!

Bridger Creek Subdivision Community Association, Board of Directors

Board Meeting Minutes January 2016

Bridger Creek Subdivision Community Association

Board of Directors’ Meeting

Monday, January 4, 2016

The meeting was called to order at 6:35 pm. Board members present:  Sharyn Anhalt, Bill Ranard, Dian Bottcher and Karin Jennings and Dorick Savageau. Association members present: Terry Deal.

Approval of Agenda – The agenda was approved unanimously.

Approval of Minutes – The minutes from the Board Meeting of October 5, 2015 were approved unanimously without modification. 

Design Review Committee – Dave submitted his report by email ahead of the meeting:

·        There is nothing currently pending with the Committee.

·        To sum up 2015, in November we approved Green Mountain / Danny Ranieri to build on Augusta. In May the board approved repainting a home on Augusta. In April we approved William Callahan to build an addition and remodel on Augusta. And in January the board approved re painting trim at the Minnicks on Augusta.

·        Construction for additional Condos at the Links on Birdie possibly starting this Spring – which Dorick will bring to the Board for review/approval since both Dave and Dorick are involved in that project.

Park & Trail Committee – nothing to report.

Finance/Treasurer Report – Draft Balance Sheet and P&L were presented and reviewed. There remains outstanding dues payments of approximately $1800. Overdue notices including finance charges (accrued interest) continue to be sent quarterly. The Covenants act as a lien on any properties with outstanding dues and the Title Companies collect any amounts owed when the title is transferred.

Updates on Old Business:

Sidewalk Snow Removal - A resident complained about snow not being removed from sidewalks and questioned whether the Association would hire one company to remove snow from all owner sidewalks. The Board discussed and agreed that the Covenants do not give the power to the Board to implement subdivision-wide snow removal on individual owner sidewalks.

Chronicle Newspaper Tubes – Following discussion at the October meeting, the Board wrote and sent a letter to the Bozeman Daily Chronicle reporting on the dissatisfaction of several residents regarding the orange newspaper tubes that have been installed with the change to a motor delivery route for Bridger Creek Subdivision. The Chronicle did not address the issue and passed it on to the Carrier, who also has not responded. Terry reported that he has also been in communication with the Chronicle and the Carrier, as well as filing a complaint with the City Code Enforcement Officer (arguing that the tubes are signs and not in compliance with the City’s sign code). This complaint was elevated to the City Attorney, who responded to Terry that the newspaper tubes are a delivery mechanism and do not qualify as signage or right-of-way obstruction. Following further discussion the Board declined additional action. Terry proposed bringing this issue to the membership at the Annual meeting in May, which the Board reminded any member is welcome to bring items to the membership for discussion as it is a Membership Meeting. Terry also plans to investigate alternate boxes which would be more palatable. The Board added that the Carrier has stated that alternate tubes are acceptable (as well as alternative posts). If any resident would like an alternate tube it would be their own expense/responsibility, just as the mailboxes in the subdivision are the responsibility of owners. If any resident plans to erect a permanent post, the Board advises checking with City code since the boulevards are in City right of way. 

Update on Tom Murphy (12 Acre Parcel Adjacent to Phase 1 Park off Boylan Road) – Mr. Murphy has submitted a new application with the County for rezoning as Residential-Suburban (RS). A Public Hearing will be scheduled and noticed, and the Board will forward any information via email.

New Business – none.

Covenants Modifications – Following the ruling of the Montana State Supreme Court regarding the Beebe v Board matter, and as reported in the minutes from the July 23 meeting, the Board agreed to present an amendment to the Covenants for approval by vote at the Membership Meeting on May 2, 2016. The Board reviewed proposed modifications which have had input from Eric Nord, the attorney that represented the Board in the matter. The primary issue to be addressed in the Covenants is clarification on spending monies on improvements, as improvements are not well defined. The proposed changes to the Covenants are to clarify and define Improvements versus Capital Improvements, as well as Annual Assessments versus Special Assessments. The Board plans to mail a summary and explanation of the proposed changes to members in February, to allow time for questions or clarification ahead of the March Board meeting and mailing of ballots for the Membership Meeting. A change to the Covenants will require >75% approval by the members.

The meeting was adjourned at 7:50 pm.

________________________________

The next regularly scheduled meeting will be held March 7th @ 6:30.

For any members wishing to attend the meeting, please contact the Board via email at BridgerCreekBoard@gmail.com and you will be notified of the meeting location. The Board elected not to pay for rent for the Masonic Temple meeting space this year and will instead hold meetings at Board members’ homes, unless a larger space is needed for a given meeting.

Board Meeting Minutes October 2015

Bridger Creek Subdivision Community Association

Board of Directors’ Meeting

Monday, September 28, 2015 – rescheduled from October 5th

The meeting was called to order at 6:30 pm at Karin Jennings’s home (Boylan Drive).

Board members present:  Sharyn Anhalt, Dian Bottcher and Karin Jennings; absent were Bill Ranard and Dorick Savageau.

Association members present: Will Callahan, Jill Connolly, and Linda Schell.

Approval of Agenda – The agenda was approved unanimously.

Approval of Minutes – The minutes from the Board Meeting of September 3, 2015 were approved unanimously with correction of the date to September 3^rd. 

Chronicle Newspaper Tubes –

Comments have been received via email from members on Augusta Dr regarding the recently installed newspaper tubes on Augusta Drive and Boylan Road for the Bozeman Daily Chronicle. The members do not like the appearance of the tubes, and question whether the covenants support their removal.

It was suggested that the Design Covenants would apply with respect to “harmonious design”, even though items such as newspaper tubes and mail delivery receptacles are not specifically covered. The Board noted that curbside mail and newspaper delivery receptacles have existed in all three phases of the subdivision since inception without any provision for Design Review. The members present at the meeting submitted a petition signed by about 30 members from Augusta Drive, and stated they were seeking restrictions for the newspaper tubes on Augusta Drive.

The Board declined to consider the petition since it represents just over 10% of the membership, and suggested that the members present seek more signatures from throughout the Association. The Board also suggested that the members work directly with the Chronicle on alternate ways to deliver the newspaper.

Following discussion it was agreed that Will Callahan would draft a letter for the Board to review and send to the Chronicle on behalf of the members on Augusta Drive

Update on Tom Murphy (12 Acre Parcel Adjacent to Phase 1 Park off Boylan Road) – Public Hearings for a Zone Map Amendment request from Mr. Murphy and the adjoining “Zig’s” property to the north are scheduled for October 13 for the County Planning Board and October 27 for the County Commission. They have submitted a joint application to request a Zone Map amendment of the properties from Agricultural-Suburban (A-S) to Industrial (M-I). The Board plans to submit comments to the Planning Board ahead of the October 13^th meeting.

New Business – none.

Design Review Committee – nothing to report.

Park & Trail Committee – nothing to report.

Finance/Treasurer Report – Dues payments are still coming in and about 2/3 of the assessments have been received to date. Overdue notices will be sent with accrued interest around mid-October. The Association received the payment for $1300 from Mr. Beebe for legal fees per the District Court Ruling.

Executive Session

The meeting was adjourned at 7:45 pm.

________________________________

The next regularly scheduled meeting will be held January 4th @ 6:30.

For any members wishing to attend the meeting, please contact the Board via email at BridgerCreekBoard@gmail.com and you will be notified of the meeting location. The Board elected not to pay for rent for the Masonic Temple meeting space this year and will instead hold meetings at Board members’ homes, unless a larger space is needed for a given meeting.