Battlement Mesa power rests with developer
I live in the Tamarisk Meadows Village of Battlement Mesa. I feel that due to the inaccuracies contained in the letter from Sandy Yeager concerning “clearing the air in Battlement Mesa,” a rebuttal is in order.
The term CCIOA that is referred to is the Colorado Common Interest Ownership Act that became effective in 1992. This act contains provisions for allocating voting power so that the developer cannot trample on the rights of the members of the association.
The act specifically states that in no case can the developer have a majority vote. In 1991 the declarations of the Battlement Mesa Service Association (BMSA), the governing body of Battlement Mesa, were rewritten to have only one class of voting power.
The statement that Battlement Mesa operates in full compliance is incorrect, since when the act became law in 1992, existing associations were grandfathered in and could elect not to comply with all provisions of the act.
The Board of Directors consists of five homeowner members who are also delegates and two developer members who have one vote each when dealing with the operations of BMSA. The remaining delegates have no vote.
Any change to the governing documents, covenants, bylaws, etc., is voted on by all delegates including the developer. The delegates are allocated voting power based on the number of privately owned lots in their respective areas. The developer is allocated voting power based on the commercial, rental, leased lots, and unsold lots he owns. Since the developer at the present time has 57 percent of the lots, the owners of privately owned lots are basically disenfranchised. A delegate may, but does not have to, vote according to the wishes of the members of their area.
I would be curious to know if Ms. Yeager is aware that the BMSA Board is now in the process of rewriting all or portions of the declarations. When completed, the delegates, including the developer, will vote on these changes. Since the developer has a majority of the votes, these changes will no doubt be approved.
Ms. Yeager and the rest of the homeowners will have no direct vote even though these changes may have a large impact on the assessments and rules that affect all of the members.
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