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Dear Fellow Owners,

I hope this message finds you well. On behalf of the Board, I would like to extend our sincere gratitude for everyone’s continued support and patience throughout our legal resolution and major redesign project. We are happy those are both behind us now. Thank you.

Here are the latest updates:

Next of KIN

We recently had one of the fractional units go into foreclosure due to the owner passing away, and no one is claiming the unit and paying the annual dues. In hopes this does not happen again, we are allowing owners to put another contact on their contact sheet. If you would like to add another key contact to your file to be used in extreme cases where you can’t be reached, please reach out to our reservations department: aspenres@eastwest.com

TAMR Tax Protest

Early this year we began interviewing law firms and tax appeal companies to appeal our real property taxes.  Generally, these firms wanted an upfront retainer and 30% of any savings.  One of the firms we interviewed, we had used in 2019 and they did have some success in garnering us a 10% reduction in the assessment (7% Net after fee). However, we were not impressed with the level of knowledge regarding our particular fractional values and the understanding of the arguments we wanted to present. As a result, the Board voted to have our Tax Appeal Committee prepare and file the protests.  The Board’s Tax Protest, filed with the Pitkin County Tax Assessors office, was denied without any adjustment. The Board subsequently appealed to the Pitkin County Board of Equalization (CBOE). A copy of both appeals is posted on the website. On July 25th, we presented our case to the hearing officer at the CBOE and the Assessor’s office presented a counterargument.

We are happy to report that the hearing officer was receptive to our arguments and our tax assessment was lowered by 46.67%.  We were asking for more, but are pleased with the result.     

The final millage rates for the City of Aspen and Pitkin County for 2024 have not yet been set, but based upon the 2023 millage rates, the new assessments result in a savings of approximately $375,000 in tax.  Because we prepared and presented the appeal in house, no fee is due so the entire tax savings will go to the Association. 

Because Pitkin County assesses every two years, they have a process where we can go back and request an abatement of the 2023 taxes we paid, recalculated based upon this new adjusted assessment.  The 2023 Abatement provision was filed last week.

In case you are curious, You can find our protest presentation here.

Litigation

As discussed in our last board meeting, we have been sued by an owner with regards to an alleged infringement of the owner’s civil rights due to our association prohibiting the owner from bringing the owner’s animal onto the premises and into the owner’s unit during the owner’s fractional period.  While we had hoped that the litigation with Weisman et.al would be the end of our litigation, we have been unsuccessful in our settlement efforts with this owner and the litigation and its expense continues.

 Board Elections Coming Soon

Just a reminder we have three two-year positions coming open on the board in November. We have two members not returning because they either “termed out” or for other personal reasons so we will need new board members. With our legal case, and property refurbishment now behind us, board activities should be getting back to a more normal pace.

I know from speaking with many of you over the past six years we have a very esteemed and competent group of owners many of which would make great board members. If you would like to run for the board this year, please fill out the candidate profile form by the submission date.   

You can find our board submission form for our board election here.

The submission due date is October 7th. As always, if you have any questions, please reach out to me or any of the below board members.

Best,

Al Kenney                                                                                                                                                                  
President, The Aspen Mountain Residences HOA Board
860-354-7979
al@bluewaterfractionals.com

Board Members and Owner Director Contact Information:

Joe Ferguson – jferguson@rjrcapital.com

Tim Hall – timhl9999@gmail.com

Tom Kaplan – tkaplan@kkladvisors.com

Peter Wells – petercwells@yahoo.com

Bruce Clay – bjc2115@gmail.com

Trust – Appointed Member to the Board:

Jami Champagne – Jami.Champagne@vacationclub.com

Notice is now given under Section 3.4 of the Bylaws of Association of a meeting of the Executive Board to be held via Zoom teleconference on Tuesday, July 16, 2024, 11:00 AM Eastern Standard Time (9:00 AM MST) till approximately 1:00 PM EST.

The initial agenda for the meeting is as follows:

1) Approve prior meeting minutes (4-16-24)

2) Financial Update – Tim Hall & Vangel Yurukov

3) Reserve Study Update – Bruce Clay

4) Resort Updates – Claudine Grondin

5) Legal Update – Joe Ferguson

6) Other Updates
              a. Running for the Board
              b. Assn. owned fraction – Al Kenney

7) Owner questions/comments

Owners are welcome to attend the meeting. The board will answer owner questions at the end of the meeting. If you have a question on any of the topics covered you can submit them during the meeting. If you wish to address the board verbally on these topics you will be given up to 3 minutes to do so just before the end of the meeting.

Owners interested in viewing the meeting are welcome to click the link below to join the webinar:

When: July 16, 2024, 11:00 AM Eastern Time (US and Canada)

Topic: The Aspen Mountain Residences – Q3 Board Meeting

Please click the link below to join the webinar:

https://us02web.zoom.us/j/82186097048

Or One tap mobile :
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Or Telephone:
Dial (for higher quality, dial a number based on your current location):
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Webinar ID: 821 8609 7048

International numbers available: https://us02web.zoom.us/u/kb91Q9ruQW

In the meantime, if you have any questions, please get in touch with me.

Best,
Al Kenney
President, The Aspen Mountain Residences HOA Board
(860) 354-7979
al@bluewaterfractionals.com

Board Members and Owner Director Contact Information:

Joe Ferguson – jferguson@rjrcapital.com

Tim Hall – timhl9999@gmail.com

Tom Kaplan – tkaplan@kkladvisors.com

Peter Wells – petercwells@yahoo.com

Bruce Clay – bjc2115@gmail.com

Trust – Appointed Member to the Board:

Jami Champagne – Jami.Champagne@vacationclub.com

Dear Fellow Owners,

I hope this message finds you well. On behalf of the Board, I would like to extend our sincere gratitude for everyone’s continued support and patience throughout our legal resolution and our major redesign project — thank you. Please read below for the latest updates.

REDESIGN
Initial reviews of our recently completed redesign have been overwhelmingly positive. We have better sized furniture given the size of the units, more seating, and have lightened everything up. We are working through a few electrical issues which should be complete by the time you receive this. We also anticipate a few more pieces of furniture to be delivered and installed shortly, including desks and mirrors.

LEGAL PAYMENT
We made our legal payment last week but had to draw some funds from our operating account, which we must replace ASAP. If you have not paid the $1,750 assessment yet please do so as soon as possible.

TAX PROTEST
We received a response from the town on our tax protest, which was a short form letter with no giveback on our tax assessment. This was a bit of a surprise since we submitted evidence to support our position that the sale price associated with free market sales during the relevant time period is also supported by the “Colorado Appraisal Standards.”

We feel the numbers we submitted support our position. Given the seasonal nature of the Aspen Market, the square foot value of a specific week’s fractional interest varies by which season the fixed week falls. 

The town of Aspen denied our protest without explanation offering no reduction. We will now appeal to Pitkin County. I will keep you posted on our progress and the final result.

EXTRAORDINARY EFFORT
We had a major problem with the local design firm we used on the project. So much so that we requested they replace their entire team in December 2022. Even after they did, things did not improve. Subsequently, we sent them a “notice of default” concerning our contract terms. We asked them to step up and correct the numerous issues which were created. Instead of working with us to correct the issues, they decided to stop working on the project at the critical time of implementation.

This created a void for us on the design side which was quickly filled by a combination of PCL (our general contractor), East West project managers, and one of our very experienced volunteer owners working on our design team, Lina Mira. 

While the aforementioned teams were all paid for their time, Lina was a volunteer. She stepped up and assumed the role of head implementation manager. Organizing, scheduling, and directing the placement of design elements such as window treatments, tracking items coming in, and even placing many items in rooms herself. In addition to the countless hours she spent over the past two years, she spent most of the final three weeks of implementation working 12 hour days at the property.

Overall, she spent hundreds of hours managing the project taking the same level of interest as if this was her own home she was working on. The Board wishes to extend our heartfelt appreciation to Lina for her commitment and dedication to all of our owners.  We all owe her a tremendous amount of gratitude. So… if you see her while you are in Aspen, please stop and thank her for her extraordinary effort which we have all benefitted greatly.

From all of us on the Board, thank you, Lina!!!  We never could have finished this project with both the fit and finish and on time without you! 

Best,

Al Kenney                                                                                                                                                                  
President, The Aspen Mountain Residences HOA Board
860-354-7979
al@bluewaterfractionals.com

Board Members and Owner Director Contact Information:

Joe Ferguson – jferguson@rjrcapital.com

Tim Hall – timhl9999@gmail.com

Tom Kaplan – tkaplan@kkladvisors.com

Peter Wells – petercwells@yahoo.com

Bruce Clay – bjc2115@gmail.com

Trust – Appointed Member to the Board:

Jami Champagne – Jami.Champagne@vacationclub.com

Dear Fellow Owners,

I hope you are all well.

I wanted to let you know that the board filed a formal protest of our tax assessments with Pitkin County on 6/7/24.  The protest makes the case that our tax assessment on each fractional unit is overstated. For many years our property has been assessed at the same value (on a per square foot basis) as a fully owned condo in downtown Aspen. Although we wish our per-square-foot value was the same as a free-market condo, in reality, it is not. The Pitkin County assessment for each unit for the year was based on an average per square foot of $4,518.00 which results in a total tax of$1,056,128.

We submitted as evidence to support our position the sale prices associated with 66 free market fractional sales in The Aspen Mountain Residences during the relevant period. We made the case that each fractional unit cannot be valued using the square foot value of undivided whole units in town, but rather as the total sum/value of its 20 individual fractions. We argue that the value of each of the individual fractional interests (1/20th), should be determined and added together to accurately value the complete fractional unit.  This “sum of the parts” approach is supported by “the Colorado Appraisal Standards.”

We protested our tax bill a few years ago and hired an outside consultant to manage the process for us. That effort resulted in a 10% reduction. During preparation for the arbitration, we gathered all of the comparable sales data and as such, rather than educating an outside 3rd party and paying a large fee, we determined that we could prepare the protest ourselves. We believe the numbers support our position and that we have made an easy-to-understand and compelling case.

Our position is: given the seasonal nature of the Aspen Market, the square foot value of a specific week fractional interest varies by which season the fixed week falls.  We divided the year into five seasonal time periods. We then reported the 66 unit sales in each relevant period and applied weighted average percentage results to calculate the per-square-foot value of each unit. The analysis based on these sales resulted in a per square foot value of $1,524.52 which is 65.35% less than our current assessment.

The town will respond with its decision by June 28th. If we are unhappy with their decision, we will appeal the results to the Pitkin County Board of Equalization. We will keep you up to date on our progress and the final result.

Best,

Al Kenney                                                                                                                                                                  
President, The Aspen Mountain Residences HOA Board
860-354-7979
al@bluewaterfractionals.com

Board Members and Owner Director Contact Information:

Joe Ferguson | jferguson@rjrcapital.com

Tim Hall | timhl9999@gmail.com

Tom Kaplan | tkaplan@kkladvisors.com

Peter Wells | petercwells@yahoo.com

Bruce Clay | bjc2115@gmail.com

Trust – Appointed Member to the Board:

Jami Champagne | Jami.Champagne@vacationclub.com

Dear Fellow Owners,

Summer has arrived and with it the unveiling of our redesigned resort!

As I write this, I am on a flight returning from the property where I am pleased to report that phase #2 the resort redesign is progressing nicely and will be completed on schedule That is not to say there will not be some “punch list” items in every unit that may still need to be completed, but these are small items such as:

• Filling a few very small drill holes in the walls

• Touch-up painting a few “knicks”

• Placing some additional artwork or amenities in your unit

• Adding a desk (in a few units) as delivery was delayed for a few weeks

• Add/change a light bulb or dimmer switch

These are minor items that will not take long to complete.

 So… what was done in the units?

• Floors on the 3rd and 4th floors were sanded, filled, stained, and resealed

• New furniture was placed in the units on all four floors (all old furniture is gone)

• New paint, carpeting, and rugs in all units

• Outdoor balconies were resealed

• All units received new lighting fixtures

• New amenities were added on all four floors

• All kitchen cabinet knobs were replaced

The result is lighter, brighter units that now have more overall seating. I have found the chairs in the dining room and at the kitchen counters are much more comfortable now that they have padded seats.

 As for the rest of the resort:

• New front desk and concierge desks

• The ceiling on the lobby alcove was completed

• Tile floors in elevators were replaced

• Front doors sanded and refinished

• All corridor ceilings were repainted, and new wallpaper and carpeting were installed

After phase #2, the only difference is the units on the first and second floors have not been refinished yet. That will be accomplished in phase #3, which will be completed in the three weeks we are closed at the end of October and beginning of September.

Items not completed:

• Refinishing floors on the first and second floors (this was planned)

• If you arrive next week, you will find that our hot tubs may not be operational yet but are under construction. This was not part of our redesign, but rather a maintenance issue

As everyone knows, no two units are the same. This creates many problems when designing and placing new furniture. There was a considerable amount of time spent trying to improve both the seating and storage capacities of every unit, but the new configurations have to be lived in, as a result, some minor furniture tweaks might still be made.

Several units with cubbies did not meet the latest Aspen building codes so they could not be replaced. In those units, you will now have hanging hooks. We have overstock on many furniture pieces so if a piece of furniture is too big or small or you need something else, we should be able to swap it out. I believe you will be pleased with our new brighter look.

If you are arriving this weekend:

One thing that was evident to me this week is there is a tremendous amount of cleaning to do to get ready for check-ins this week. Refinishing floors is a messy business and we have to make sure all that residue is removed. We also had workers staying in units to save on the cost of hotels for them so all of these rooms need to be turned over. We ask for your patience and do not expect to get an early check-in this weekend. Some units may not be ready until 5 or 6 PM. If your flight arrives early, plan an activity and enjoy the town until your room can be occupied.

Our staff wants to get you settled in ASAP but units will not be released until they are thoroughly cleaned. If your unit does have a punch list, you will most likely be asked if the work can be done. Please try to allow access so the work can be completed. Once again, these are small tasks that take very little time to complete.   

What happened to the old furniture?

Items too damaged to be reused or donated were thrown out. Items still in good shape were first offered to employees. Habitat for Humanity was happy to take the remaining items. Rest assured nothing usable has gone to waste.

Looking to the future:

Except for new lighting and knobs in the kitchen, the kitchen and bathrooms were not touched. Kitchen and bathroom demolition is both messy and extremely expensive to redo. In looking through all the units, the kitchen cabinets are in excellent shape, and except for a few bathrooms that need some minor tile repairs. In my opinion, we can certainly get at least another 3-5 years of use out of them. Of course, exceptions will be dealt with immediately.

We will need to replace many of our windows at some point so we will keep our eyes on that. I am not anticipating a need for another major redesign/closedown for the foreseeable future. This will give us time to get our reserves back up so that when the time comes, we can cover the costs without major assessments. The bad news these past two years is we have had some assessments, but things will get back to normal starting this coming fiscal.    

Care of our newly redesigned units:

Everyone knows how expensive it was to do the redesign. The lighter colors deserve some added care as they will show dirt more easily. Please remove your shoes before putting your feet up on the furniture. A little extra care will go a long way and cut down on the time it takes our cleaning crew to turn over the units.   

Association units for sale – Only two left!

Owner reaction to our special unit pricing has been great and we only have two association units remaining for sale. Both are very nice spacious summer units.

• Week 33 / Unit 34 – 2BR / 2.5 Baths / 1,745 sq/ft – 3rd floor Saturday=$108,000 net

• Week 35 / Unit 50 – 2BR / 2.5 Baths / 1,753 sq/ft – 4th floor Sunday=$112,500 net

Proceeds from any unit will be placed in our reserve fund for future use.   

Legal Assessment Due:

You should have received your bill for our final legal assessment which is due June 14th. All of our legal issues are complete. Please do your best to pay ASAP as our bill is due shortly.

As always, any member of the Board is available to address any queries or concerns you may have.

Al Kenney                                                                                                                                                                  
President, The Aspen Mountain Residences HOA Board
860-354-7979
al@bluewaterfractionals.com

Board Members and Owner Director Contact Information:

Joe Ferguson | jferguson@rjrcapital.com

Tim Hall | timhl9999@gmail.com

Tom Kaplan | tkaplan@kkladvisors.com

Peter Wells | petercwells@yahoo.com

Bruce Clay | bjc2115@gmail.com

Trust – Appointed Member to the Board:

Jami Champagne | Jami.Champagne@vacationclub.com

Notice is now given under Section 3.4 of the Bylaws of Association of a meeting of the Executive Board to be held via Zoom teleconference on Tuesday, April 16, 2024, 11:00 AM Eastern Standard Time (9:00 AM MST) till approximately 1:00 PM EST.

CLICK HERE TO WATCH THE RECORDING USING PASSCODE: Zisu*f3&

The initial agenda for the meeting is as follows:

1) Approve prior meeting minutes (1-15-24)

2) New Committees & Assignments – AK

3) Legal update – Joe Ferguson

4) Financial Update & Assessment– Tim Hall & Vangel Yurukov

5) Reserve Study Update – Bruce Clay

6) Resort Updates – Claudine G
              a. Hot tubs

7) Phase 2 redesign – what to expect – AK

8) Updates: Sale of Assn. owned fractions – AK

9) Closing Comments – AK

10) Owner questions/comments

Owners are welcome to attend the meeting. The board will answer owner questions at the end of the meeting. If you have a question on any of the topics covered you can submit them during the meeting. If you wish to address the board verbally on these topics you will be given up to 3 minutes to do so just before the end of the meeting.

Owners interested in viewing the meeting are welcome to click the link below to join the webinar:

When: April 16, 2024, 11:00 AM Eastern Time (US and Canada)

Topic: The Aspen Mountain Residences – Q2 Board Meeting

Please click the link below to join the webinar:
https://us02web.zoom.us/j/86814516028?pwd=bVdqUEZUc2llc0E5V3BEcm4waklQdz09

Passcode: 057086

Or One tap mobile :
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Or Telephone:
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Webinar ID: 868 1451 6028
Passcode: 057086

International numbers available: https://us02web.zoom.us/u/kejdo4nZKT

In the meantime, if you have any questions, please get in touch with me.

Best,

Al Kenney                                                                                                                                                                  
President, The Aspen Mountain Residences HOA Board
(860) 354-7979
al@bluewaterfractionals.com

Board Members and Owner Director Contact Information:

Joe Ferguson – jferguson@rjrcapital.com

Tim Hall – timhl9999@gmail.com

Tom Kaplan – tkaplan@kkladvisors.com

Peter Wells – petercwells@yahoo.com

Bruce Clay – bjc2115@gmail.com

Trust – Appointed Member to the Board:

Jami Champagne – Jami.Champagne@vacationclub.com

As a follow-up to the letter from the Board that you received yesterday concerning the outcome of the arbitration, I wanted to update you on the sale of the fractions we received at the break from Marriott in December 2021. Towards this end, the Board sold several of the fractions in late 2023. We set that money aside to defray our legal fees owed, and we also are initiating a new program now to sell our seven remaining units.

You may remember we had put a trade program in place for Association-owned units to try and get owners the units they wanted without the hassle of buying and selling in the open market.  As a result of this program and recent sales, our fractional inventory has changed over the last few months.  

Here is a list of our current fractional inventory:

Winter:
Week 8 / Unit 23A – Studio / 1 Bath  
Week 10 / Unit 44C – Studio / 1 Bath

Summer:
Week 30 / Unit 28 – 3BR / 3 Bath      
Week 31 / Unit 28 – 3BR / 3 Bath      
Week 33 / Unit 34 – 2BR / 2.5 Baths   
Week 34 / Unit 39 – 2BR / 2.5 Baths  
Week 35 / Unit 50 – 2BR / 2.5 Baths  

See the attached link HERE to see a sheet with more information on the units, pricing, and discounts.

As has been the case with prior Association-owned units that have been sold, our owners will have the first shot at the seven available units. The prices have been determined based on current market rates. Owners interested in purchasing any of these units will get 15% off studios and 10% off any of the larger unit’s listing prices. As a special thank you from the Association, any owner who purchases one of these units will be exempt from paying the upcoming legal assessment associated with the fraction they have purchased.

The last time we had a special discount offer we had multiple offers for a few of the units. This time, due to the short timing it’s “first come” terms. Once one owner accepts the terms & price, the unit is off the market and we go to contract. No bidding!

While you will still have some closing costs, the discounts should more than cover them. Owner Tom Carr has the formal listings and will handle the closings of the units, but owners interested in one or more of these fractions should first contact me via email ASAP.  

Again, all monies from the sales of these discounted units in the next few weeks will be added to our legal fund, which will reduce the amount that each owner will ultimately be assessed for the outstanding legal fees this year. The proceeds from the sale of any remaining inventory after that time will be added to either our operating budget or our reserve fund depending on our needs.

Don’t wait as the offer will only last two weeks and closing must take place within 14 days of contract signing. This is a great opportunity to grab sought-after fractions at discounted prices and help everyone in the association while doing so!

As always, any member of the Board stands ready and eager to address any queries or concerns you may have.

Al Kenney
President, The Aspen Mountain Residences HOA Board
860-354-7979
al@bluewaterfractionals.com

As you are aware, our Association was presented with a bill from our former litigation counsel for the sum of $7.75 million in January 2022, based upon a retainer letter entered into by the Board chaired at the time by Bob Weisman. The new Board, which took office in November 2021, refused to pay the bill and hired separate counsel to advise as to whether such an amount was owed. As required in the engagement letter, we first sought mediation to resolve the dispute. The mediation was unsuccessful. As further required by the engagement letter, we next went to arbitration, which started in late October 2023 and was completed in mid-November.

At the arbitration, our former counsel was requesting the $7.75 million amount billed, together with all of their additional attorney’s fees incurred for the mediation and arbitration, plus interest, a sum of more than $10 million.

The arbitrator issued his ruling on February 13th. The arbitrator found that the attorney group was entitled to a “reasonable fee” only. The arbitrator agreed with the Association that the fee being claimed by former litigation counsel was unreasonable, and he reduced the fee to $3 million plus interest.  

The Board is now evaluating legal options concerning the fee owed under the arbitrator’s recent order. Regardless of what decisions the Board makes in the coming weeks, we will have to make a special assessment to cover the settlement amount.  

The Board is pleased that this matter is about to reach its conclusion, as it has been a time-consuming and complicated matter.  As always, I – along with any member of the Board –stand ready and eager to address any queries or concerns you may have.

Al Kenney
President, The Aspen Mountain Residences HOA Board
860-354-7979
al@bluewaterfractionals.com

Notice is now given under Section 3.4 of the Bylaws of Association of a meeting of the Executive Board to be held via Zoom teleconference on Tuesday, January 16, 2024, 11:00 AM Eastern Standard Time (9:00 AM MST) till 12:30 PM EST.

The initial agenda for the meeting is as follows:

1) Approved prior meeting minutes from 11-20-23 & 10-17-23
2) Board Objectives for the year – AK
3) Committee assignments – AK
4) Legal update: Arbitration and CP Burger – Joe Ferguson
5) Finance update – Tim / Vangel
6) Reserve Study Update – Bruce Clay
7) Resort Updates – Claudine G
8) Updates: Sale of Assn. owned fractions – AK
9) Owner questions/comments

Owners are welcome to attend the meeting. The board will answer owner questions at the end of the meeting. If you have a question on any of the topics covered you can submit them during the meeting. If you wish to address the board verbally on these topics you will be given up to 3 minutes to do so. Owners interested in viewing the meeting are welcome to click the link below to join the webinar:

When: January 16, 2024, 11:00 AM Eastern Time (US and Canada)
Topic: The Aspen Mountain Residences – Q1 Board Meeting

Please click the link below to join the webinar:
https://us02web.zoom.us/j/85895360850?pwd=WXBtSkkzYWFuczJ6VEt3VjZyYmREdz09
Passcode: 399541

 In the meantime, if you have any questions, please get in touch with me.

Best,

Al Kenney                                                                                                                                                                  
President, The Aspen Mountain Residences HOA Board
860-354-7979
al@bluewaterfractionals.com