The Pinery
Homeowners' Association

COVENANT REVISION SURVEY #4

We are again asking if covenants should be revised. Based on the positive response received thus far, we will continue with the process, but as we do so, we want to again ensure that the position has not changed.

This survey deals with two critical issues: the voluntary nature of HOA financing and the use of properties. When the Pinery was established in the early 70s, no allowance was made in Covenants for funding of an organization which would be charged with covenant enforcement and maintenance of common properties. Also, current covenants prohibit use of Pinery properties in filings 1-8A for business of any sort.

What does the PHA do for you?

Using income from voluntary association dues ($30 annually), the Pinery Trash Program and the RV Storage Lot, the annual budget is prepared by the Executive Board each year and presented to the community for approval in the January General Meeting. Currently, approximately 79% of residents in Pinery filings 1-8A support the community through one or more of the above programs. Some items funded in this way are:

1) Office equipped and staffed with part-time employees for coordination for all activities, programs and committees, these employees also:
     • Act as an information point for community activities
     • Administer all financial activities
     • Administer and prepare the Pinery Newsletter
     • Administer the revenue generating Pinery Trash Program
     • Administer the revenue generating Pinery Storage Lot Program
     • Administer and provide homeowner information regarding architectural issues
     • Provide information to title companies as required
2) Covenant Compliance and Enforcement
3) Insurance
4) Landscape and equipment maintenance for two neighborhood parks
5) Landscape maintenance and improvements for the North Entryway, including Holiday lighting
6) Participation in the Pinery Security Coalition which uses patrols of fully-authorized Douglas County Deputy Sheriffs to enhance security in the Pinery
7) Maintenance and improvements to the previously-mentioned storage lot
8) Community Communication (The Pinery Homeowner newsletter, two entrance information signs, General Meetings, Newcomer Orientations)
9) Coordination with Douglas County and the Town of Parker for development issues, parks and open space matters (Bingham Lake) and public works (for example roads)
10) Legal involvement as needed for covenant enforcement, contract reviews, and other necessary matters.

So Why Consider a Change? Some Background…

The Current Voluntary Nature of PHA Financing.

We are among a very small minority of HOAs in Colorado that have voluntary rather than mandatory dues or assessments. While this has often been a matter of expressed pride for our community, many have also expressed concerns that such a policy is financially imprudent, making our association vulnerable, and others have discussed it as less than fair. While there is current opportunity for all owners to take part in membership dues, not all do so and therefore do not participate in maintenance of their covenant controlled community, though the argument could be made that all benefit through increased property values. Based on the currenet PHA budget, it is estimated that the cost of covenant enforcement and maintenance of common properties runs approximately $80 per Pinery property per year. This is only one of the many expenses incurred. Those in favor of continuing voluntary financing could argue that in addition to pride, this arrangement has worked for us. Those advocating for initiating some form of mandatory assessment or dues in our covenants could argue for prudence, fairness and stability.

With increased participation, there might be opportunity for the community to consider improvement or addition to amenities; such as, increasing pedestrian and bicycle trails within the community, improving existing parks, or increasing the number of neighborhood parks. If you have other suggestions, we encourage your input. What do you think? In addition to presenting alternatives in the survey, we are interested in your comments.

Home Occupations?

Douglas County Zoning Regulations allow ‘Class 1 Home Occupations’ in the Pinery. For a detailed definition of a ‘Class 1 Home Occupation’, see: http://www.douglas.co.us/community/planning/documents/HomeOccupations.pdf or, contact the PHA office (303-841-8572) we would be happy to provide a copy. Most will agree that the internet has fundamentally changed many ways of doing business. There are some businesses (care facilities for example) for which covenant prohibition has been over-ruled by judicial decision. There are others (telecommuters, music teachers, tutors for example) which have minimal impact on the neighborhood or the exterior of the house, and it might make sense to allow business use which fits with the residential character of the neighborhood. How would you prefer we handle this issue? Several options are indicated in the survey, along with a place for your comments and suggestions.

Please take time to complete and return the survey. You may drop off or fax the completed survey from the newsletter at the Pinery HOA office in the lower level of the fire station, fax 303-841-5444 or use the form below.

Thank you for taking the time to give us your input. Look for subsequent surveys in future newsletters. Be sure to validate your survey by including your name and address - we cannot include anonymous responses or those which do not include a valid address:

To submit the survey, review your entries and click on the [ Send ] button on the bottom of the form.


COVENANT REVISION SURVEY #4

Your name:
(Required)

 
 

Address:
(Required)

  

   Email Address: 
 

1. SHOULD WE UPDATE OR REVISE CURRENT COVENANTS?

2. WITH REGARD TO ASSESSMENTS

     Reasonable mandatory assessments should be provided for in covenants.

     If you checked yes, please check the following which best represents your opinion:

Assessment should be a small annual fee (i.e. less than $50) with no allowance for increase.

Assessment should be a small annual fee with allowance for increase no greater than 10% per year.

Assessment should represent each owner’s share of association expenses by complimenting other revenue sources to meet budget requirements as approved by the community.

Assessment should represent each owner’s share of association expenses by complimenting other revenue sources to meet budget requirements as approved by the community. Additionally, allowance should be made for ‘special assessments’ to fund projects approved by a majority of the community.

Additional assessments comments/options:

3. REGARDING PROPERTY USE:

     Businesses which lend themselves to residential areas should be allowed.

 

     If you checked yes, please check the following which best represents your opinion:

Any businesses permitted by Douglas County Zoning Regulations for a ‘Class 1 Home Occupation’ should be allowed (see bold information above for more information).

In addition to the above, business use should be regulated by the Pinery (e.g. rules established and a Pinery business permit obtained) so that impact on the community can be evaluated by the Pinery prior to approval and on a continuing basis during operation.

Additional property use comments/options:

 

         
 

Copyright © 2005 Pinery Homeowners' Association
All rights reserved.
Revised: 12/01/05.