Letter: HOAs want an answer | AspenTimes.com

Letter: HOAs want an answer

Editor’s Note: A longer version of this letter was originally sent to members of the Town of Snowmass Village Town Council

I planned to appear in person at the City Council meeting to voice my thoughts on the amended development plan for Base Village. A painful back injury relegates me email to put my comments on record for this very important issue for not only the existing owners of Base Village, but also for the ultimate success of Base Village.

As the president of the Hayden homeowners association board of directors since 2008, I have nearly a decade of Base Village ownership experience at both Hayden and Capital Peak. Originally the only approved developer, Aspen Skiing Co.’s and Intrawest’s joint venture provided a sense of comfort and reliance that Skico’s large economic stake in mountain operations and their concern for their reputation meant that future matters that could arise with regard to Base Village development would be handled with great care and fairness. When the joint venture disappointingly sold their economic stake early in Base Village development to Related, all comfort and reliance disappeared overnight. I assume that Snowmass Village officials had similar reliance on Skico and expectations they would see Base Village to its completion.

I’ve been involved in many meetings with Related over the years on many issues, including the failure of Related to honor its obligations as well as the unfairness and inequity of how Related was handling those issues. During bankruptcy, the court-appointed trustee began steps to improve the situation, but these were terminated when Related regained control of the Base Village Master Association and the Metro Districts.

Let me state that Hayden and Capitol Peak owners strongly support the completion of Baes Village as quickly as possible in a fair and reasonable manner to all stakeholders.

Recall the Jan. 4 joint letter sent by myself, as president of Hayden, and Gerald Bodzy, as president of Capitol Peak. The letter details six matters regarding the proposed 10 agreements being negotiated by town of Snowmass Village staff with Related. It is my understanding that although public comments were made at each 2016 council meeting plus meetings with Snowmass Village staff members on the matters and solutions outlined in the letter, we have yet to receive a real response that addresses our concerns.

With only days left before the 10 agreements are to be finalized, we appeal to you and Snowmass village staff to give due consideration to the six matters we have set forth and to resolve these matters as favorably as possible to the owners of Capitol Peak and Hayden Lodge before any of the agreements are signed by the parties thereto. If these 10 agreements cannot be resolved in a manner reasonably satisfactory to the Hayden and Capitol Peak homeowners associations because of the intransigence of Related, then we would hope that you would refrain from having Snowmass Village entering into those agreements in support of Ordinance 9 until Related makes reasonable movement toward resolving the issues and does, in fact, resolve the issues satisfactorily to all parties.

In closing, it is a dangerous precedent to approve provisions of proposed agreements to which Snowmass Village would be a party whereby a developer can take its obligations and pass those obligations on to and bind the existing owners of that property or portions thereof without the knowledge, participation or consent of those owners.

Such provisions would be improper as to the current owners of Base Village and would have a very chilling effect on the future success of development and sales. On behalf of Hayden owners, we cannot have any financial responsibility for any such attempts to pass on those obligations and we cannot be bound by any commitment made by Related, its subsidiaries and affiliated entities or any successor developer that purports to be a charge or obligation that can bind us, the existing residential owners, without our express written consent.

I trust you will seriously consider the matters we have raised and not take precipitous action that will harm the ownership interests of the existing Base Village residential owners. Thank you for your consideration.

Stuart C. Nathan

President, Hayden Lodge Condominium Association, Inc.