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Blue Lake Owners' Watchdogs <br />(a committee of concerned Blue Lake homeowners) <br />11 Badger Court <br />Carbonda[e, CO 81623 <br />(970) 963-3296 <br />email: elaineV.asopris.net <br />March 25, 1998 a <br />Colorado Water Conservation Board <br />Attn: Mr. William Stanton <br />1313 Sherman Street Rm. 721 <br />Denver, CO 80203 <br />VIA TELEFAX AND <br />U.S. MAIL <br />(303) 866-4474 <br />re: Construction Fund — Blue Lake Owners' Association Loan Application <br />Dear Mr. Stanton: <br />The purpose ofthis letter is to informthe Colorado Water Conservation Board (CWCB) ofthe <br />lack of authority of the Boa.rd of Directors ("the Board") of the Blue Lake Owners Association <br />(BLOA) to apply for, or to execute, any loan which encumbers our common property without the <br />prior written approval of 67% of the homeowners and 100% of the mortgage holders of our <br />individual properties. The Board made no effort whatsoever to seek these approvals prior to <br />applying for this loan as required in BLOA's Covenants, By-Laws and Articles of Incorporatio�. <br />The Board, as of the date of this letter, still has not obtained the required approvals from the <br />members and the mortgagees, despite their concerted efforts. <br />This proposed raw water irrigation project encroachs upon the individual real properties of <br />almost every homeowner. The execution of easement forms has been demanded of the <br />homeowners by the Board however, the forms circulated did not contain the necessary provisions <br />for notarization required for legal easements. To the best of our knowledge, any easements that <br />the Association may possess have not been recorded in Eagle County. Further, this project <br />proposes at least twelve cross-cuts in Eagle County roads yet, according to telephone <br />conversations with County off'icials, neither the building department nor the engineering <br />department has any knowledge whatsoever of this proj ect. No engineering or environmental <br />studies have been performed in connection with this project. No budget for this project has been <br />submitted to the membership for any approvals, yet substantial sums of money, not included in <br />any approved Association budget, have been, and are currently being, expended by the Board on <br />plans and supplies, as well as surveyors, lawyers and employees hired without authority. There �> <br />has been no accounting to the homeowners for these expenses. � <br />According to our research, confirmed verbally in a conversation with Barbara of your office, <br />HB98-1189, approving CWCB's authority to grant loans under this program, is currently before <br />the Colorado State Senate for consideration. If HB98-1189 is passed by the State Senate, it then <br />requires the signature of Governor Romer, after which it will be sent back to the CWCB for final <br />approval of the loans contained therein. The Boaxd has repeatedly publicly stated, both verball� <br />and in writing, that this project will not proceed unless, amongst other conditions not yet met, � <br />final approval is in place for the CWCB Construction Fund loan by March 31, 199� A tentative <br />approval for a$14.00 monthly special assessment is based solely on these conditions. <br />CWCB — 3/?3/98 - Page 1 <br />