As shown below in the results of the June 10, 2017 dissolution election, property owners voted to dissolve the corporation.  The official email announcing the election results can also be found on the “Meeting Minutes & Treasurers Reports” page.

I will maintain this Cedar Park Road Maintenance Corporation section of the website as both a repository of legal documents relating the formation of the Cedar Park subdivision (found on the Corporate Documents page) and a history of recent CPRMC activities.

As can be seen in my writing urging the community to vote NO on dissolution, I consider this result to be very short-sighted, and one that will continue to weaken our community until it is reversed.

And the possibility remains open that CPRMC can be resurrected as a strong community advocacy organization.

The law firm I consulted in this matter,  Herms & Herrera, offered the following assessment:

“I believe that dissolution of the Road Organization is not necessarily a one-way trip. The Covenants contemplate the Road Organization and require each owner to be a member. To me, this means that the Road Organization could be re-established at a future time and all the owners would automatically be members. Also, under a very recent case that is currently pending at the Colorado Supreme Court, Cedar Park may still be considered an unincorporated common interest community under CCIOA, even if there is no formal Road Organization.”

The Storm Mountain communities of Cedar Park and Cedar Springs have ongoing needs that can best be addressed by strong, formal, community advocacy organizations.  I believe that at some point, reason will prevail and the members of our community will see the value of re-establishing CPRMC.  Until that time, I will use this website to keep the possibility alive.

John Green
StormMountain.org website editor

Sent: Mon 6/12/2017 9:36 AM
From: Cedar Park Road Maintenance Corporation <eaflodin@q.com>
Subject: Cedar Park Property Owner

The vote on the question whether to dissolve the Cedar Park Road Maintenance Corporation took place on Saturday June 10, 2017 at the Special Meeting of all property owners that was called for just this purpose.

The response by the property owners was far and away the best ever with 65% of all parcel owners either mailing in their proxies or attending the meeting to vote.

The results are: 181 Yes votes
8 No votes

State statues require that the issue receive 147 Yes votes in order for the CPRMC to dissolve.

The Board will now commence with the dissolution process. There are a number of steps that must be taken, so it is likely the process will take several weeks.

Any funds left in the CPRMC treasury after paying any remaining bills and obligations will be transferred to the Larimer County PID 55 (Public Improvement District) that was formed in 2014 and has since had the responsibility for maintaining the roads within the Cedar Park Subdivision.

Since the annual meeting in July of 2016, the Board has been able to collect past due balances on owed dues from 11 of the 15 owners that were delinquent and had liens placed on their property. Total dollars collected was $8,745.50. Those liens have been released.

The remaining four delinquent owners have each had their property sold at the Larimer County tax lien auction. Multiple efforts to contact the owners by the Board have resulted in returned mail or no response. On the advise of legal counsel, the Board will write these accounts receivables off as bad debt and release the liens prior to filing the dissolution paperwork.

We thank all of the property owners for their input concerning the issue and the unusually keen interest in taking part in this voting process.

Sincerely,
CPRMC Board of Directors

Copyright © 2017 Cedar Park Road Maintenance Corporation, All rights reserved.

Cedar Park Property Owners

Keep Storm Mountain’s Voice Strong – Vote NO! On Cedar Park Dissolution

CPRMC is the only organization with the authority to advocate on behalf of Cedar Park property owners.  Dissolving CPRMC would leave individual property owners no choice but to fend for themselves about community-wide issues.

The CPRMC board saw fit to give you only information supporting the short-sighted result they want.  It is not too late to change your vote!   Click here to print a new proxy, also found on the CPRMC Meeting Minutes page in the menu above.  Send in your NO! Vote to keep our community voice strong, keep Storm Mountain Strong!

Your Proxy Must Be Received by June 9, 2017 to count!

Legal Confirmation
The determination of the law firm Herms & Herrera, who I hired to review CPRMC:

“As a non-profit organization organized under Section 501(c)(4) of the Internal Revenue Code, the Road Corporation may operate a very broad mission as a “social welfare organization.”  Many activities would be proper under the Internal Revenue Code, including improving infrastructure for the Cedar Park subdivision beyond just the roadways and advocating for the interests of Cedar Park owners.  The Articles of Incorporation focus on the road maintenance purpose of the Road Organization, but do specifically empower the Road Organization to do anything permitted by the Colorado Nonprofit Corporation Act. “

The PID, as a Larimer County entity, is prohibited from advocating on our behalf with elected officials or other governmental entities.

While CPRMC has functioned only for road work in the past, it has always had the potential to do more.  The developers of both Cedar Park and Cedar Springs had the foresight to empower each governing body with protective covenants.  Reading the Cedar Park protective covenants, (under Corporate Documents in the menu above) two things should be apparent:

• It was the intent of the developers that the CPRMC have the power to insure that Cedar Park continues to be an attractive place to live – the operational scope is much broader than just road maintenance.
• Now being 50 years old, the existing protective covenants are largely obsolete and in need of considerable updating. In fact, the Nuisance clause may well be the only still-useful part.  As any updated Protective Covenants must be approved by owners of a majority of the properties – a pretty big deal – there has never been motivation to do this – until now.
• Updated covenants can be written to focus on advocacy, and not be intrusive of property owner rights!

As a community we have the power to redefine the corporation to serve our interests any way we choose, subject only to the limitations placed upon 501c4 not-for-profit corporations, which we are.

The community is currently hampered by a variety of major issues that CPRMC could be empowered to address on our behalf:

• Lack of reliable, affordable broad-band internet in much of the community.
• Increasing traffic problems due to national forest usage – with a possible long term solution being negotiating to make the road to Masonville open during summer months, and a primary route for Fort Collins people.
• Serious fire risk in the upper filings due to beetle kill trees – mitigation grants are likely available.
• An ongoing vulnerability due to the lack of a reliable alternate route out of our community.

Plan for our future

Who knows what other challenges the future will bring?  Dissolution robs us of the ability to face them as a community.  Yes, there will be an ongoing cost to keep the corporation active – Cedar Springs arrived at $25 / year per property, about $2 / month – a minor amount to retain our community’s collective voice.

We have seen that Larimer County will not act quickly to address issues.  How many years did it take before that ATV business was closed down, and how many people were hurt in the meantime?  Application of the Nuisance clause of the protective covenants could have ended that.

Dissolution is final.  Dead is Dead, there is no bringing it back.
There may come a time when dissolution is a good idea.
That time is NOT now.

Keep Storm Mountain strong!
Don’t hamstring our future!
Vote NO on dissolution!

John Green
Past CPRMC Treasurer and Filing Director
PO Box 137
Drake, CO 80515-0137