Lawsuit against past Erie Airpark HOA Board also dismissed

[chamb...@comcast.net]

October 30, 2023

Dear Erie Air Park HOA Neighbors,

On October 5, 2023, you received an email from Rich Kent, the current HOA Board President, announcing that the lawsuit against the HOA has been resolved and dismissed with prejudice.  Some of you may not know that the lawsuit had two parts.  The first part was brought against the current HOA, and the second part was brought against each individual member of the previous HOA Board who were named as Defendants. We’re writing to let you know that the lawsuit against the previous HOA Board has also been dismissed with prejudice. The term “with prejudice” means that the Plaintiffs cannot file another lawsuit against any of us for the claims that were included in the original lawsuit.

The previous Board Members were Collette Chambellan, Bryan Fraser, Jerry Gienger, Tim Gilbert, Cliff Goldstein, Myles Lee, Pat Miller, and Mark Russo,. We stuck together and are not only past Board members, but close friends. Now that the lawsuit against us has been dismissed, we would like to thank those of you who have supported us during our time on the Board. Some HOA Board members had been on the Board for as long as 14 years or as little as a few months (Bryan Fraser) or hours (Cliff Goldstein).

Having a lawsuit hanging over our heads for over a year was like having a black cloud above us! We saw no reason for the circumstances to escalate like they did and hope it never happens to another Board again. It was disappointing watching the lawyer fees add up with no logical reason for the lawsuit. We did due diligence to supply the Plaintiffs, Scott deLuise and Braun Mincher, with all the documents for discovery going back years. Collette Chambellan, the past Secretary, did hours of research going through old records of the HOA:  meeting minutes, financial statements, and social flyers for potlucks. If anyone is interested in the details of the lawsuit, we would be happy to provide you with information.

We hope you’ll support the new Board and get involved in our community. After having gone through this experience, we personally question why we even have the HOA if these types of lawsuits can be brought amongst neighbors. Perhaps we should consider dissolving the HOA since we are not a “REAL HOA” according to the Internal Revenue Service.  We can still be a community with social events and potlucks.

Best regards,

Your previous HOA Board

[Diane S.]

Hi Collette, 

Trent and I can't thank you all enough for serving on the board and deeply regret you all had to go through this.  We also strongly agree that the HOA should be dissolved!  It is unfortunate and sad that there are people out there that could do this type of thing. Why not make sure it doesn't happen again. 

Yes, definitely dissolve! 

Diane

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[Michael Erwin]

I have several thoughts I’d like to share simply for consideration. They represent my views only, and my intent is not to take anything away from others views.

The lawsuit is unfortunate, but something we have to deal with, and well.

I believe the HOA members, excluding officers past and present, should split and pay the legal bills. The officers had to live with these difficult issues, working hard to resolve them, and lost time and sleep over them.

I believe we need a functioning, legal HOA for the following reasons;

The State of Colorado requires one.

We all signed documents when we closed on our home acknowledging and accepting the HOA.

The City of Erie recognizes our HOA. 

I believe the FAA works with the HOA on taxi way issues. 

Two examples in the recent past where the HOA was absolutely critical on behalf of the homeowner was;

1. Around 2010 the city proposed connecting Bonanza Drive with Vista Parkway and the HOA mobilized a public campaign to vote NO. The city wide vote was narrowly defeated by less than 50 votes I as i understand it.

2. When the city proposed lease oil and gas wells bordering the EAP the HOA worked with the city to represent our views.

The HOA keeps an eye on city and FAA issues impacting the neighborhood in a way no individual is likely to do. And is needed to uniquely represent us as a whole.

I accept what the HOA votes for on this issue, but like “defunding the police” sounds needed following a horrific incident, in the long run it’s not a sound choice.

Just my thoughts, and I look forward to seeing everyone at the upcoming pot luck.

Mike Erwin

2665 Bonanza Dr.

Member - Architectural Committee

To view this discussion on the web visit https://groups.google.com/d/msgid/eap-hoa/CAEPN2ABM4%2Bce4ovrai4fCv-TajuzEkA4j5ar3hLdzi83ske96Q%40mail.gmail.com.

Mike

cell - 303/810-8845

[Nancy Bednar]

Mike,
I liked your thoughtful email, but I did have some issues with some of your points.  True the board did have expenses for fighting the law suit.  I think as of last report we have some money in the HOA treasury and I am not sure of the cost of the fight.  Would be good to know if we are expected to chip in.  

I think the board has probably worked hard on some issues.  I know Tim was especially helpful to me when we first moved in getting me the address of the owner of the rental next to us. They were being very trashy and an email to the owner was all it took.  I sure appreciated that. 

We weren't here for the fight to keep Bonanza from connecting to Vista Ridge, so I don't know the Board's stance or efforts on that.   But as for the Fracking Wells, not only did the board NOT help in the many meetings we had (often in Denver), but they refused to even send out notices about these meetings to the HOA.  They said it was not part of the HOA job.  We were face to face with big oil and their big bucks and yes we hired legal help too.  So I guess the HOA should reimburse us too.
It is still a sore spot as you can tell.  

I know the HOA is all volunteer, so I guess they can pick and choose their causes. I really like most of the people in the HOA, we just have different ideas as to what is good for our community and fracking wells was one of those issues.  

Your other issues are valid, we did agree to an HOA when we moved in - one that did not have dues.The HOA probably does work with the HOA on Taxi - Way issues too and I did not know the state requires and HOA.

Thank You for your thoughts.
Nancy Bednar
Cell: 8508661572  

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