Board Meeting June 6 2016

Bridger Creek Subdivision Community Association

Board of Directors’ Meeting

Monday, June 6, 2016

The meeting was called to order at 6:05. Board members present:  Sharyn Anhalt, Dian Bottcher, Dorick Savageau and Karin Jennings were present; Bill Ranard was absent.

Amendments to Covenants

As mentioned at the Annual Membership Meeting in May, it was also recognized that the specified classes of members in the Covenants (single-family and multi-family land classifications) also need to be amended. Sharyn reviewed the recordation dates of the various Association documents, which were variously filed with the County Clerk and Recorder. Based on this additional information and discussion with Eric Nord, Association attorney, the Amended and Restated Covenants that will be presented to the membership for vote will indicate that the changes only affect the Covenants and that the Bylaws and Design Regulations remain unchanged (as they are all filed together and recorded as one document on April 10, 1997).

Termination of Association

            Page 17, Section 2 of our Covenants provide for termination of the Covenants and Association. As specified in that section, the Covenants are automatically extended for successive periods of 5 years, unless ¾ (or 75%) of the membership votes to terminate them within 1 year of each successive 5 year period. Since the Covenants were recorded April 10, 1997, the current window for such a vote opened April 10, 2016 and closes April 10, 2017. City of Bozeman ordinance 38.38.030 – Covenants, provides for transfer of assets from a non-profit like the Association to the City.

The Board discussed pros and cons of presenting termination of the Association to the membership along with the vote to amend the Covenants, since the window is currently open. The Board decided that since the Board was not unified such a vote being in the best interests of the owners that it would not pursue a termination vote.

Amended and Restated Covenants Vote – and Setting of Special Membership Meeting

As described in previous Minutes (May 2 Annual Membership Meeting and May 16 Board of Directors’ Meeting), the Board will be pursuing a second vote of the membership to amend the Covenants to provide definitions for “improvements” and bring the Covenants into alignment with consistent practices and the 2015 Court ruling. Notices for this vote must be sent within 50 days prior to the meeting date. It was discussed and decided that the membership meeting for this vote would be Monday, August 22, 2016. Notice of the meeting, along with Proxy, Ballot and the Amended and Restated Covenants will be mailed out July 5^th or shortly thereafter.

The Annual Assessment dues notice will be included in the mailing packet to make it easier for members to return both together.

New Business

            Dorick mentioned that he received notice from the County for a zoning change request to the Churn Creek property east of the old landfill entrance off Story Mill Road.

            Sharyn informed the Board that she received a notice to apply for a property tax exemption for the Association as a non-profit for any land held by the Association. This came into effect from the 2015 Legislature and House Bill 389. It is a $15 fee and she will take care of it.

            Karin mentioned several Design Review items which Dave Andreassi (Chair of the D/R Committee) has informed the Board about: 1) in an April 30 email committee approved replacement of a French door and new deck on Augusta (Karin missed this for the report to the members at the May 2 meeting); and 2) in a May 20 email the committee approved construction of a stone patio for a residence on Putter Court.

            Regarding the City’s disturbance of the Phase 3 park for their monitoring and extraction wells related to the landfill, she was informed that GVLT (Gallatin Valley Land Trust) is also in contact with the City regarding the disturbance of the trail and rehabilitation work to be done. Sharyn mentioned that it looked like the equipment was moved recently.

There being no further business, the meeting was adjourned at 7:50 pm.

The next regularly scheduled meeting will be held September 6th @ 6:00.

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 meeting space again this year and will instead hold meetings at Board members’ homes unless a larger space is needed for a given meeting.