The Board is again working to amend the Covenants. The original reason given for amending the Covenants was to bring them into compliance with Colorado law, specifically CCIOA (Colorado Common Interest Ownership Act). When ask, neither the 2020 or 2021 Board could provide any instance where the Covenants were not already in compliance with CCIOA and that reason has been dropped from the letter that will accompany the ballot on the proposed Covenant amendments.
One of the many changes made at the insistance of James Rogers, on behalf of Bannockburn-Watchdog, was the removal of language that would have obliterated the separate and independent status of the Covenants from the Bylaws. If approved, the draft would have allowed ‘back door’ amendments to the Covenants using ‘Rules’ approved by the Board rather than 66-2/3% of the Resident Owners. There are 7 Board members and 40% constitutes a quorum. That means 3 Directors can conduct business and a 2 constitute a majority. In other words, “Rules” approved by only 2 Board members could have effectively changed the Covenants.
The 2021 proposed Covenants keep in place the fraudulently added amendments to the 2012 Covenants rather than removing them and allowing each such item to be independently voted on. The motion by Rogers to do this was squashed at the August, 2012 Board meeting when no other Board member would second his motion to take a vote to do so,
Because the Covenants are already CCIOA compliant the proposed Covenant amendments do little other than to allow what CCIOA and Colorado’s Nonprofit Corporation Act already allow and expand the size of the covenants to nearly triple the number of pages. Important items are ignored. This includes adjusting the annual dues, which haven’t been raised since the 1970’s, to cover current operating and legal compliance expenses and setting reasonable limits on the powers of the Board to set rates for fees, fines and other charges assessed to Members.
Help stop out-of-control Boards.
Join Bannockburn-Watchdog now!