Letter: More on Eagle-Vail | VailDaily.com

Letter: More on Eagle-Vail

Brian E. O'Reilly
Vail, CO Colorado

As an active member, and former director, president and attorney for the Eagle-Vail Property Owners Assn., I wish to make some comments regarding the recent events in our community. I wish to first make it clear that I am speaking only for myself, not for the Eagle-Vail POA, nor for the group I am helping to organize, the purposes of which are only to prevent Mr. Carter from “packing the board, and to provide accurate information to the community.

Next, I am informed that even Mr. Carters attorneys have adopted my position that Jeff Layman could not legally be removed at the recent annual meeting of the members, because certain procedural requirements were not met. For the same reason, I believe that Paul Hields seat could not be filled by the members; this is the Board’s responsibility.

While procedural matters are governed by the Association’s governing documents, primarily its bylaws, they are also governed by the provisions of the Revised Non-Profit Corporation Act, which does not allow these actions to occur in the manner or at the time when they were presented.

I would also like the community to know that the records of the POA reveal that one of the primary reasons cited for the amendment of the original declarations of covenants was to prohibit short-term rentals on most of the lots in Eagle-Vail.

Interested parties should be aware that there are several types of lots in Eagle-Vail, and that the rules applicable to one type of lot do not necessarily apply to lots of another type, so this activity is not prohibited on all lots, but it is prohibited on most lots. These categories are defined in the Amended Declaration, which can be reviewed on the POA’s web site. They are: duplex lot, fourplex lot, multi-family lot, commercial lot, church lot and recreation lot.

By letter dated November 10, 1989, the law firm of Collins and Cockrell wrote to the POA, and to the Eagle-Vail Metropolitan District: “The purpose of the Declaration (referring to the Restated Declaration of 1992) is to maintain the subdivisions’ residential character while allowing certain areas to be utilized for commercial and recreational activities. There are other purposes stated for enacting the Declaration, but the main focus throughout is preserving the residential character of the neighborhood.”

By letter dated December 19, 1989, Collins and Cockrell wrote, to both entities, ‘At this point, the Covenant Amendments (the draft of the 1992 revision) are written so as to prohibit short term rentals of any residential property, which includes duplex, fourplex, and multi-family lots”; these provisions remain in the current Declaration of Covenants, so the recent letter to the editor implying that the Board of the POA was unaware that the recording of the restated Declaration would restrict short-term rentals is simply incorrect.

This same letter also mentioned that the new Declaration incorporates any more strict restrictions found in the Planned Unit Development Agreement, so any member who wishes to become informed about the restrictions on the use of property located in Eagle-Vail should review both the Declaration and the PUD Agreement.

Finally, the Board did not try to, nor could it, take away any property rights; this is a misunderstanding that should not be allowed to continue to circulate. What the Board did was to clarify what exactly would be considered incompatible with the Declaration, so that its members would know what was and was not allowed.

It is most important that the community understand that the prohibition against short-term rentals, which applies to most lots, was not imposed by the Board, but by the affirmative vote of more than 51 percent of the members, and that any member can seek to enforce this prohibition, regardless of what the Board may or may not do.

I plan to address how board members are elected and removed, and why I believe that “short-term” rentals are prohibited, in a future letter.

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