Mountain Views
Message From the PresidentWelcome......
The Pine Meadow Ranch Owners Association Board wanted to update you on what has transpired since November. The following is a brief status report. There have been a few more hurdles than expected, However, we are moving forward along the lines we discussed.
Land around Pine Meadow Ranch is developing as is Pine Meadow Ranch. It is important that the Association take the opportunity to lead and coordinate the development within Pine Meadow Ranch for the benefit of all the members. I think that we are headed in the right direction with the Ranch and I believe we have the ability to run the business of the Ranch in a responsible manner.
We are very fortunate that Ron Downard has agreed to lead the new Pine Meadow Water Company. He has spent countless hours working to get the Water Company headed down the right path. He and his Board of Trustees are dealing with some of the important issues. You will be hearing from him soon. We would like to thank Ron for his hard work.
Thanks to George Sears for the work on the Internet site.
Would you like a status meeting in April? Please contact your area representative and let us know. Your input is important to us. Please check the Web site and lets us know your e-mail address.
Scott Boyle
President, PMROA
STATUS REPORT
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Pine Meadow Ranch Home Owners Association (the AAssociation@) has recently been named or referenced in a series of lawsuits and other claims on which, in the opinion of the Association=s officers, the Association will ultimately prevail. Though these claims appear completely baseless and to have been filed in an attempt to create confusion and harass the Association, we want to alert you about them because the need to hire counsel to appear and defend these actions is a considerable drain on the Association=s resources.
The legal actions began when Paul Howard Peters filed a petition in the Third District Court in Coalville, Civil No. 990600413, against the Association seeking to have the Pine Meadows Declaration of Covenants, Conditions & Restrictions (the ADeclaration@) declared a Awrongful lien.@ He asked the Court to utilize a summary ten-day procedure to remove the Declaration which had been on file for about 30 years. After a hearing, Judge Brian declined to do so on the basis of the materials that had been filed. Mr. Peters refiled his petition on or about December 27, 1999, seeking the same relief. This petition was rejected by a new judge, Judge Hilder, after a hearing. In denying the petition, Judge Hilder did allow Mr. Peters to proceed, if he chose, with a more conventional lawsuit against the Association to determine the validity of his claims about the Declaration. All transactions regarding lots in the last 30 years in that subdivision have assumed the validity of the Declaration. Indeed, Mr. Peters= own deed conveyed title to him subject to the Declaration. We expect it to be upheld in the face of his continued challenge.
During this same time, Mr. Peters set up an entity which he apparently owns and controls, named the Pine Meadow Ranch Property Owners Association, LLC, a name deceptively similar to that of the Association. In the name of that entity, Mr. Peters has sued the Summit County Board of Commissioners, Summit County, the Pine Meadow Special Service District and the County Commissioners individually in Summit County, Civil No. 990600412. Falsely claiming to act also purporting to file Aon behalf@ of the owners of all of the lots in Pine Meadows and Forest Meadows, he has challenged certain actions taken by Summit County, sought recovery for claimed diminished values of real property, and has asserted against the county officials unspecified claims of mental distress and punitive damages. While the Association has not yet been named as a defendant in this complaint, it is apparently intended to be a AJohn Doe defendant,@ as he also complains about its actions and existence. The county has moved to dismiss the complaint. While its motion has not yet been heard, the funds collected from you by the Special Service District are being consumed by the defense of this action, which also appears to be baseless.
More recently, Mr. Peters, as attorney for the owners of one lot in Pine Meadows, brought a third action, Civil No. 000900178MI filed in Salt Lake County, against the president of the Association, asking for damages for Amental distress, loss of sleep, physical and emotional manifestations of stress and anxiety and other damages to be proved at trial@ as a result of the fact that the Association asked the lot owner to remove a fence erected in violation of the Declaration. We believe this action, like the others, was brought to harass the Association and dissipate its assets, and that it will ultimately be dismissed. In the meantime, the Association has no option but to defend the action and its right to enforce the Declaration where appropriate.
Mr. Peters has also filed, on his own behalf, on behalf of his Property Owners Association and for several other individuals, Notices of Claim against the county, the county commissioners, and others under the Utah Governmental Immunity Act. These claims generally allege damages for fraud, deprivation of civil rights, intentional infliction of emotional distress, conversion (theft) and other claims arising out of the county=s actions regarding the assessments and operation of the Special Service District. Notices of Claim are generally prerequisites to legal action against governmental entities and officials. The Association has taken steps to affirmatively respond to the county=s directives with regard to the Special Service District assets, and will likely be named in any litigation filed against the county on the subject of the Notices of Claim.
With this series of actions and claims, Mr. Peters has declared his desire to invalidate the Declaration and, in turn, frustrate the Association=s ability to function in any meaningful way, leaving the entire ranch area in a state of anarchy with no ability to set or enforce rules, to own or maintain roadways, open space or other common property, or act for the common good. He has also declared Awar@ (his term) on the Summit County Attorney=s office for its role in carrying out the directives of the County Commission. The Association officers believe these attacks are misguided and will continue to act in the interests of the Pine Meadow lot owners and residents. The Association has no choice but to resist efforts to deprive the Association of its means to govern itself, especially where the alternative would be the chaos of no association or governance at all, no rules or regulations, no maintenance of common roadways, right-of-ways and other assets, and a resulting reduction in property values throughout the ranch area.
Unfortunately, the successful defense of these legal actions will require a continual expenditure of your Association and Special Service District funds. We will keep you posted and will update this report as further developments occur.
New Pine Ranch Meadow Owners Association Board
At the last general meeting of the owners association, several new board members were
elected. Below is a listing of all board members and their phone number.
President Scott Boyle 233-9254
Vice President Steve Treseder 571-1869
Secretary Merrill Nelson 942-3378
Treasurer Russ Glenn 566-6727
Area 1 Rep. Jeff Jensen 560-9809
Area 2 Rep. Ken Hill 965-8766
Area 3 Rep. Roger Barrus 292-7988
Area 4 Rep. Maynard Koncar 572-1269
Area 5 Rep. Wayne Malmstrom 768-9112
Area 6 Rep. Jeff Camp 649-8077
Area 7 Rep. A.B. Johnson 486-3004
Visit the Pine Ranch Meadow Web Page
The Pine Meadow Ranch web page is up and running. You can access current information, maps, CC&Rs, road updates and much, much more. The address is:
pinemeadowranch.org.
If you would like to be notified by e-mail of breaking news of the ranch, give us your
e-mail address. To get on our e-mailing list, e-mail your name and e-mail address to:
redesert@yahoo.com
Pine Meadow Mutual Water Company Update
Your Pine Meadow Mutual Water Company filed for incorporation in the State of Utah on January 24th, 2000. Summit county has indicated they will make the transfer of real assets to the new company on or before March 31, 2000. A Board of Trustees has been assigned and Articles of Incorporation and bylaws for the new organization have been written and published.
Until real assets are transferred, Summit County is overseeing roads and water in the district via the Special Service District (Jerry Rupert). The new Pine Meadow Mutual Water Company plans to publish a newsletter regarding the water system, plans for 2000 and how the company will be set up and operated as soon as we have the authority to proceed. Although no real assets have been transferred as yet, please be assured that the new company is prepared to provide water service ASAP this spring.
Pine Meadow Water Board
Draft of New Pine Meadow Ranch Guidelines
The Pine Meadow Owners Association Board has spent considerable time revising, compiling and organizing a previously less than organized information and policies paper into a new document called the AGuidelines@. This document is presented here for your review. If you have comments, suggestions for changes, additions or deletions, please contact your area representative.
Pine Meadow Ranch Owners Association
Suggested Guidelines for Living and Building at the Ranch
Reference: Pine Meadow CC&Rs
The purpose of this publication is to give property owners, those who have a cabin and prospective cabin builders a guide as to what the Environmental Control Committee of the Pine Meadow Ranch Owners Association feels is an easy to read, overall guideline for the Ranch. These guidelines are not meant to be binding legally or to be dictatorial - but simply to be guidelines for owners at the Ranch.
It is important that prospective builders submit plans to the PMROA prior to start of construction. The CC&Rs (covenants) for the Ranch require certain things. Some of these are covered in this paper, but it is definitely not all inclusive. For complete coverage, see the CC&R that covers your area of the Ranch. Covenants are available on the Pine Meadow Ranch Web Page. The address is: pinemeadowranch.org.
The major goal of the ECC of the Owners Association is to maintain the ranch in a rustic, country, woodsy atmosphere. We all want cabins, fences and out buildings to blend in with the mountain setting.
Section 1
: TITLEGuidelines of the Environmental Control Committee (ECC), Pine Meadow Ranch.
Section 2
: DEFINITION OF TERMSEnvironmental Control Committee: A sub-committee of the Pine Meadow Ranch Owners Association. This is usually a three member committee consisting of at least one member of the executive board and the area representative of the area in question.
Pine Meadow Ranch Owners Association (PMROA): An elected board for the purpose of overseeing the operation of Pine Meadow Ranch. Forest Meadow Ranch is included in the general title of Pine Meadow Ranch.
CC&R (covenants): Covenants, Conditions and Restrictions. Restrictive declaration by the developer of the Ranch. Filed in Summit County in 1971.
Pine Meadow Water Company. A separate water company with the purpose of accessing our water resources and providing safe water to all lots within Pine Meadow Ranch.
Section 3: CABIN STRUCTURES
The purpose for regulating cabin architecture is to promote cabin designs that fit aesthetically into the mountain ambiance. The ECC will consider the height, mass, textures, color and character of all cabin plans before approving construction.
CABINS: Cabins should be constructed of wood. Wood sidings, natural or manufactured are acceptable, logs or milled log siding are recommended. The finish may be natural, stained or painted. When painted, colors should be earth-tone such as browns, tans, dark greens and dark grays. Bright colors like white, red, blue and yellow are not acceptable. Stucco, brick, block, aluminum, vinyl and other synthetic sidings are not acceptable.
ROOFS: Roofs should be at least a 4:12 pitch. Steeper pitches are recommended in
order to properly shed snow. Gable, gambrel or A-frame roofs are acceptable. Roof coverings may be wood shingle, asphalt shingle or high rib painted steel or aluminum sheets. All roof colors should be earth tone as well. High rib steel roofs are recommended as they shed snow more efficiently.
SIZE: Cabin size must be a minimum of 400 square feet on the main floor. There is no maximum size limit but size of the cabin should be commensurate with the scale of the lot. Cabin height will not exceed three stories. Exposed foundations will be concrete or stone.
Section 4: FENCES
For the most part, fences are not encouraged at the ranch. The goal is to maintain the open mountain setting - not to parcel off lots and areas with fencing. Barbed wire or chain link fences will not be approved. If a fence is necessary, only natural looking fences should be installed. These should be of the cross-buck design, a maximum height of 48 inches high with only natural coloring.
You need to get your plans for fences or other structures approved by the Owners Association before you start building.
Section 5: TRAILERS, TENTS AND OTHER TEMPORARY STRUCTURES
Pine Meadow Ranch CC&Rs restrict the erection and/or use of temporary structures of any kind. In keeping with the spirit of recreational usage, however, this section is designed to assist in the definition of when and what kind of temporary structure may be used on the Ranch, and the time frame these structures may be on the owner=s property.
Trailers
Temporary travel trailers, up to 30 feet in length, will be allowed on the mountain during the months of May through October. Such trailers must have self-contained waste holding tank systems that require dumping in an approved disposal facility. Absolutely no dumping of waste (i.e. sewage) or Agray water@ will be allowed on the mountain.
Water supply lines (hoses) may not be connected on a permanent or semi-permanent
basis to any trailer in order to prevent the potential back flow of contaminated water into the PMR water system. See water company guidelines. During periods of occupancy, but no longer than 10 calendar days in any case, a property owner may wish to leave a hose connected. This practice will not be allowed without prior approval of the PMROA and will require a PMR approved backflow device at the hydrant.
All trailers placed on the mountain must have an approved PMR parking decal (provided free of charge to property owners in good standing) displayed next to the entrance door of the trailer. Contact your area representative for a decal.
No more than one trailer will be allowed on any piece of property at any time.
During the construction of cabins, it is understood that contractors or other persons may need to reside in a trailer for convenience. This is acceptable with prior approval of the PMROA and such occupancy may be subject to additional guidelines that the PMROA deems appropriate. It is the intent of this guideline to help keep the mountain looking like a mountain - not a Atrailer court@.
All trailers not removed from the mountain by the end of October will be removed by an agent of the PMROA, and all fees associated with said removal charged to that property=s owner as noted above.
Failure to comply with this guideline could result in the towing of a trailer off the mountain, with all towing and other fees charged to the property owner, regardless of ownership of the trailer. It is implied, by placing a trailer on a parcel, that the owner of the property is responsible for compliance with these guidelines and is ultimately responsible for any fees, assessments associated with the placement of the trailer. Any fees must be paid to the PMROA within 30 days to avoid the filing of a Amechanics lien@ on the property.
Tents
Tents used for camping can be used on the ranch. In order to maintain the pleasing aesthetics of the Ranch=s mountain environment, the size and type of tent must be limited.
Tents may be erected during the months of May through October. The pitching of tents larger than 12 feet by 12 feet (or 144 square feet) must be pre-approved by the PMROA. Large
military tents (GP large) are not acceptable.
Tents or Agazebos@ designed for cooking or sheltering tables are generally acceptable providing they follow the above guideline.
Other Temporary Structures
Under no circumstances are structures, other those referred to above, to be erected on the Ranch without prior approval of the PMROA. This includes, but not limited to, Alean to=s@ or shelters built to protect a trailer, outhouses, barns, carports or other structures. Many of these structures could collapse under the heavy snow loads experienced at the Ranch.
Section 6: ANIMALS
Pine Meadow Ranch mirrors Summit County Animal Control Regulations and Ordinances pertaining to responsible animal ownership. The following is a short list of Summit
County ordinances, which Pine Meadow Ranch adheres to. Summit County Animal Control is responsible for the enforcement of these ordinances. Officers may impound animals or cite owners for violations of this code. See Summit County Animal Control for a complete rundown of their regulations.
1. License: All dogs over the age of 4 months must be licensed and the license tag must be attached to the collar of the dog.
2. Animals at Large: All animals must be properly contained on the owner=s property. When your dog is not on your property he/she must be on a leash.
3. Noise Problems: It is illegal to allow your animal, for whatever reason, to make noise to the point that it disturbs neighbors.
4. Fierce, Dangerous, or Vicious Animals: All animals designated as fierce, dangerous, or vicious must be contained to prevent these animals from injuring people or other animals.
5. Number of Animals: No more than three adult dogs can be owned, cared for, or registered at one residence.
6. Letting animals run loose is a violation of these ordinances.
7. Nuisance Guidelines: Any person having charge of an animal causing a nuisance listed below is in violation of the code:
a. Causes damage to property.
b. Is vicious, fierce or dangerous.
c. Barks, whines, howls, or makes other disturbing noises in excessive, continuous or untimely fashion.
d. Molests passerby, vehicles.
e. Attacks domestic or wild animals.
If you have quest ions concerning these ordinances or for a more complete listing of property owner responsibility, call Summit County Animal Control at 435-3360-0908.
Section 7: FIREARMS
No hunting or discharge of firearms of any nature shall be permitted within the area covered by Pine Meadow and Forest Meadow subdivisions, except, within specifically approved areas, if any, by the PMROA. No such area exists at this time. Firearms are also controlled by Summit County Ordinances that forbid hunting and firing of firearms in residential areas.
Section 8: LANDSCAPING
Pine Meadow Ranch has an incredible natural beauty. For the most part, any manmade
landscaping would probably detract from the natural beauty of the mountain.
Lawns: Lawns or grassy areas should not be watered using water from the Pine Meadow Water Company. We have limited water resources and the watering of lawn areas places too big of a burden on our water system. The planting of natural grasses is encouraged if you have open areas. Wild grass seed is easily collected and spread in areas where you want grasses to grow.
Trees: If property owners desire to plant shrubs and trees on his lot, he is welcome to do so. It is recommended that natural conifers similar to what grow naturally at the Ranch elevations be planted. White Fir, Colorado Blue Spruce and Norway Spruce all do well at the ranch and most are native to the area. Scrub Oak, Aspen and Chokecherry all provide beautiful natural plantings and habitat for wildlife.
It is not recommended that any large shrubs or trees be planted within 30 feet of your cabin - the reason being that this prevents fire damage in the possibility of a forest fire.
Section 9: STREAM FLOW
The Pine Meadow Ranch CC&Rs require that the flow of streams within the Ranch not be dammed, altered or moved.
Section 10: VEHICLE OPERATION
All vehicles (cars, trucks, off road vehicles, snowmobiles) operated on the ranch must be licensed and operated in a manner that ensures the safety of the residents of the ranch. Vehicles must operate on properly defined roads and should never be driven on private property. The posted speed limit throughout the Ranch is 15 miles per hour.
Section 11: FIRE PREVENTION
Extreme caution must be taken in the handling of fire on the Ranch. No open fires are permitted except in fire pits approved by the ECC. Forest Service standards for fire pits are recommended.
Owners should have a 50 foot hose attached to their outside hydrant at all times for use in fire fighting should the need arise.
Fireworks are not allowed on the ranch for any reason.
SECTION 12: SUBMISSION OF BUILDING PLANS TO PMROA
When you are ready to start construction, you should submit a copy of your plans to the PMOA who will then forward it to the ECC. The PMOA will keep the copy of the plan so it needs to be an extra copy. It is not necessary to submit a full set of plans. All that is necessary is to show location of the cabin on your lot, exterior design and roofing and siding materials and colors.
A letter of approval - or suggested changes - will be returned to you within 30 days.
We hope you have a very pleasant experience in the building of your cabin. If there is anything the owners= association board can do to help you, or if you have any questions, be sure and call on us.
Mountain Views is distributed by the
Pine Meadow Ranch Owners Association
P.O. Box 17698, Salt Lake City, Utah
If you have comments or suggestions
concerning material in this issue
please contact:
Your Area Representative
or redesert@yahoo.com
Pine Meadow Ranch Mountain Views
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