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Home My WebLink About20192860.tiffAugust 6, 2019 Petitioner: KOELLER LINDALEE A 2073 HERITAGE PL ERIE, CO 80516-4049 CLERK TO THE BOARD PHONE (970) 400-4226 FAX (970) 336-7233 WEBS ITE: www.weldqov.com 1150 O STREET P.O. BOX 758 GREELEY CO 80632 Agent (if applicable): RE: THE BOARD OF EQUALIZATION 2019, WELD COUNTY, COLORADO NOTICE OF DECISION Docket 2019-2860 Appeal 2008224624 Hearing 8/5/2019 Dear Petitioner: On the day indicated above, the Board of County Commissioners of Weld County Colorado convened and acting as the Board of Equalization, pursuant to C.R.S. §39-8-101 et seq., considered petition for appeal of the Weld County Assessor's valuation of your property described above, for the year 2019. Account # Decision The Assessment and valuation is set as follows: Actual Value as Actual Value as Set by Determined by Assessor Board R4277406 Stipulated - Approved Stipulated Value $536,000 $453,642 A denial of a petition, in whole or in part, by the Board of Equalization must be appealed within thirty (30) days of the date the denial is mailed to you. You must select only one of the following three (3) options for appeal: 1. Appeal to Board of Assessment Appeals: You have the right to appeal the County Board of Equalization's decision to the Colorado Board of Assessment Appeals. A hearing before that Board will be the last time you may present testimony or exhibits or other evidence, or call witnesses in support of your valuation. If the decision of the Board of Assessment Appeals is further appealed to the Court of Appeals pursuant to C.R.S. §39-8-108(2), only the record of proceedings from your hearing before the Board of Assessment Appeals and your legal brief are filed with the appellate court. All appeals to the Board of Assessment Appeals filed after August 10, 2019, MUST comply with the following provisions of C.R.S. §39-8-107(5): (5)(a)(I) On and after August 10, 2019, in addition to any other requirements under law, any petitioner appealing either a valuation of rent -producing commercial real property to the Board of Assessment Appeals pursuant to C.R.S. §39-8-108(1) or a denial of an abatement of taxes pursuant to C.R.S. §39-10-114 shall provide to the County Board of Equalization or to the Board of County Commissioners of the County in the case of an abatement, and not to the Board of Assessment Appeals, the following information, if applicable: (A) Actual annual rental income for two full years including the base year for the relevant property tax year; (B) Tenant reimbursements for two full years including the base year for the relevant property tax year; (C) Itemized expenses for two full years including the base year for the relevant property tax year; and (D) Rent roll data, including the name of any tenants, the address, unit, or suite number of the subject property, lease start and end dates, option terms, base rent, square footage leased, and vacant space for two full years including the base year for the relevant property tax year. (II) The petitioner shall provide the information required by subparagraph (I) of this paragraph (a) within ninety days after the appeal has been filed with the Board of Assessment Appeals. (b)(I) The Assessor, the County Board of Equalization, or the Board of County Commissioners of the County, as applicable, shall, upon request made by the petitioner, provide to a petitioner who has filed an appeal with the Board of Assessment Appeals not more than ninety days after receipt of the petitioner's request, the following information: (A) All of the underlying data used by the county in calculating the value of the subject property that is being appealed, including the capitalization rate for such property; and (B) The names of any commercially available and copyrighted publications used in calculating the value of the subject property. (II) The party providing the information to the petitioner pursuant to subparagraph (I) of this paragraph (b) shall redact all confidential information contained therein. (c) If a petitioner fails to provide the information required by subparagraph (I) of paragraph (a) of this subsection (5) by the deadline specified in subparagraph (II) of said paragraph (a), the County may move the Board of Assessment Appeals to compel disclosure and to issue appropriate sanctions for noncompliance with such order. The motion may be made directly by the County Attorney and shall be accompanied by a certification that the County Assessor or the County Board of Equalization has in good faith conferred or attempted to confer with such petitioner in an effort to obtain the information without action by the Board of Assessment Appeals. If an order compelling disclosure is issued under this paragraph (c) and the petitioner fails to comply with such order, the Board of Assessment Appeals may make such orders in regard to the noncompliance as are just and reasonable under the circumstances, including an order dismissing the action or the entry of a judgment by default against the petitioner. Interest due the taxpayer shall cease to accrue as of the date the order compelling disclosure is issued, and the accrual of interest shall resume as of the date the contested information has been provided by the taxpayer. Appeals to the Board of Assessment Appeals must be made on forms furnished by that Board, and must be mailed or delivered within thirty (30) days of the date the denial by the Board of Equalization is mailed to you. The address and telephone number of the Board of Assessment Appeals are: Board of Assessment Appeals 1313 Sherman Street, Room 315 Denver, Colorado 80203 Telephone Number: (303) 864-7710 Email: baa@state.co.us Fees for Appeal to the Board of Assessment Appeals: A taxpayer representing himself is not charged for the first two (2) appeals to the Board of Assessment Appeals. A taxpayer represented by an attorney or agent must pay a fee of $101.25 per appeal. OR 2. Appeal to District Court: You have the right to appeal the decision of the Board of Equalization to the District Court of the county wherein your property is located: in this case that is Weld County District Court. A hearing before The District Court will be the last time you may present testimony or exhibits or other evidence, or call witnesses in support of your valuation. If the decision of the District Court is further appealed to the Court of Appeals pursuant to C.R.S. §39-8-108(1), the rules of Colorado appellate review and C.R.S. §24-4-106(9), govern the process. OR 3. Binding Arbitration: You have the right to submit your case to binding arbitration. If you choose this option, the arbitrator's decision is final and you have no further right to appeal your current valuation. C.R.S. §39-8-108.5 governs this process. The arbitration process involves the following: a. Select an Arbitrator: You must notify the Board of Equalization that you will pursue arbitration. You and the Board of Equalization will select an arbitrator from the official list of qualified people. If you cannot agree on an arbitrator, the District Court of the county in which the property is located (i.e. Weld) will select the arbitrator. b. Arbitration Hearing Procedure: Arbitration hearings are held within sixty (60) days from the date the arbitrator is selected, and are set by the arbitrator. Both you and the Board of Equalization are entitled to participate in the hearing. The hearing is informal. The arbitrator has the authority to issue subpoenas for witnesses, books, records documents and other evidence pertaining to the value of the property. The arbitrator also has the authority to administer oaths, and determine all questions of law and fact presented to him. The arbitration hearing may be confidential and closed to the public if you and the Board of Equalization agree. The arbitrator's decision must be delivered personally or by registered mail within ten (10) days of the arbitration hearing. c. Fees and Expenses: The arbitrator's fees and expenses are agreed upon by you and the Board of Equalization. In the case of residential real property, the fess may not exceed $150.00 per case. For cases other than residential real property, the arbitrator's total fees and expenses are agreed to by you and Board of Equalization, but are paid by the parties as ordered by the arbitrator. If you have questions concerning the above information, please call me at (970) 400-4226. Very truly yours, BOARD OF EQUALIZATION Esther E. Gesick Clerk to the Board Weld County Board of Commissioners and Board of Equalization cc: Brenda Dones, Weld County Assessor COUNTY BOARD OF EQUALIZATION WELD COUNTY Single County Schedule Number R4277406 STIPULATION (As To Tax Year 2019 Actual Value) RE PETITION OF : NAME: ADDRESS: Lindalee Koeller 2073 Heritage PI Erie, CO 80516-4049 Petitioner (s) and the Weld County Assessor hereby enter into this Stipulation regarding the tax year 2019 valuation of the subject property, and jointly move the Board of Equalization to enter its order based on this Stipulation. Petitioner (s) and Assessor agree and stipulate as follows: 1. The property subject to this Stipulation is described as: ERI HVRC3 UNIT 2073 HERITAGE AT VISTA RIDGE CONDOS PH 3 2. The subject property is classified as Residential property. 3. The County Assessor originally assigned the following actual value to the subject property for the tax year 2019 Total $536,000 4. After further review and negotiation, Petitioner (s) and Weld County Assessor agree to the following tax year 2019 actual value for the subject property: Total $453,642 5. The valuation, as established above, shall be binding only with respect to tax year2019 6. Brief narrative as to why the reduction was made: Structural damage. 7. Both parties agree that: The hearing scheduled before the Board of Equalization on 8/1/19 at 1:30 be vacated. nA hearing has not yet been scheduled before the Board of Equalization. 1 0019- ag'Cc,c3 AkSO1O3 DATED this 17th day of July , 2019 Lindalee Anna Koeller frl ll-r,;--C. I, lf,dalee Anna 'raefler!Jul 17, 2019? Petitioner(s) or Agent or Attorney Address: 2073 Heritage Place Erie Telephone: 13036661570 Docket Number R4277406 Stip-1.Frm (Assistant) County Attorney for Respondent, Weld County Board of Commissioners Address: 1150 "O" Street P.O. Box 758 Greeley, CO 80632 Telephone:(970) 336-7235 County Assessor Address: 1400 N.17th Avenue Greeley, CO 80631 Telephone: (970) 400-3650 2 R4277406/Koeller Final Audit Report 2019-07-18 Created: 2019-07-17 By: Debra Jakino (djakino@co.weld.co.us) Status: Signed Transaction ID: CBJCHBCAABAA6P5Umf7pElEFmGNfyaobRQCgAC0-3ZO8 "R4277406/Koeller" History Document created by Debra Jakino (djakino@co.weld.co.us) 2019-07-17 - 10:41:20 PM GMT- IP address: 204.133.39.9 Document emailed to Debra Jakino (djakino@co.weld.co.us) for approval 2019-07-17 - 10:41:21 PM GMT o Document approved by Debra Jakino (djakino@co.weld.co.us) Approval Date: 2019-07-17 - 10:41:33 PM GMT - Time Source: server- IP address: 204.133.39.9 Document emailed to Marta Arndt (marndt@weldgov.com) for approval 2019-07-17 - 10:41:34 PM GMT it Email viewed by Marta Arndt (marndt@weldgov.com) 2019-07-17 - 10:44:35 PM GMT- IP address: 204.133.39.9 Document approved by Marta Arndt (marndt@weldgov.com) Approval Date: 2019-07-17 - 10:48:35 PM GMT - Time Source: server- IP address: 204.133.39.9 Document emailed to Jason Marini (jmarini@co.weld.co.us) for signature 2019-07-17 - 10:48:36 PM GMT o Document e -signed by Jason Marini (jmarini@co.weld.co.us) Signature Date: 2019-07-18 - 0:28:02 AM GMT - Time Source: server- IP address: 204.133.39.9 C; Document emailed to Lindalee Anna Koeller (lem13@juno.com) for signature 2019-07-18 - 0:28:03 AM GMT f.) Email viewed by Lindalee Anna Koeller (lem13@juno.com) 2019-07-18 - 0:59:22 AM GMT- IP address: 71.33.215.126 Document e -signed by Lindalee Anna Koeller (lem13@juno.com) Signature Date: 2019-07-18 - 1:06:37 AM GMT - Time Source: server- IP address: 71.33.215.126 Adobe Sign L �, Document emailed to Karin McDougal (weld-cboe@weldgov.com) for signature 2019-07-18 - 1:06:39 AM GMT t Email viewed by Karin McDougal (weld-cboe@weldgov.com) 2019-07-18 - 1:46:26 AM GMT- IP address: 204.133.39.9 L.1O Document e -signed by Karin McDougal (weld-cboe@weldgov.com) Signature Date: 2019-07-18 - 11:31:07 PM GMT - Time Source: server- IP address: 204.133.39.9 Signed document emailed to Jason Marini (jmarini@co.weld.co.us), Marta Arndt (marndt@weldgov.com), Karin McDougal (weld-cboe@weldgov.com), canaya@weldgov.com, and 2 more 2019-07-18 - 11:31:07 PM GMT 411M - Adobe Sign Thank you for submitting an appeal to the Weld County Board of Equalization. We will review the information submitted and you will receive a date to appear before the board. Contact Information: Contact Name: Mel Koeller Contact Email: lem13@juno.com Contact Phone: 303-666-1570 Appeal Submitted: 01:46 PM July 14, 2019 Appeal submitted for: R4277406 - KOELLER LINDALEE A 2073 HERITAGE PL, ERIE Legal: ERI HVRC3 UNIT 2073 HERITAGE AT VISTA RIDGE CONDOS PH 3 Reason: Value Too High - This property has been determined to be out of spec due to construction defects - it is currently being monitored by an engineering firm to determine the extent of the damage and eventually solicit quotes to repair the defects. This information and subsequent actions will not be completed until the 4th quarter of 2019. At that time engineering data and repair quotes will be available. I would like to preserve my appeal rights until this data is available. These repairs may cost in the area of $200,000 to $300,000 and would have to be disclosed to any potential buyer. Estimate of Value: $390,000.00 Document(s) Submitted: Account: R4277406 - Concrete cracks.jpg Account: All Accounts - Contractor Letter.jpg Account: All Accounts - Sample wall cracks (3).jpg Account: All Accounts - Sample wall cracks (2).jpg Account: All Accounts - Sample wall cracks.jpg You have selected the following Date Preferences: Thursday, August 1, 2019, from 9:00 a.m. to 12:00 p.m. 44- Thursday, August 1, 2019, from 1:30 p.m. to 3:30 p.m. Tuesday, July 30, 2019, from 1:30 p.m. to 4:30 p.m. Thursday, July 25, 2019, from 9:00 a.m. to 12:00 p.m. Monday, July 29, 2019, from 3:00 p.m. to 4:30 p.m. Thursday, July 25, 2019, from 1:30 p.m. to 4:30 p.m. The Appeal process can take several weeks for us to complete. You will receive a written decision on your appeal within five (5) working days of your hearing. We thank you for your submittal. Weld County Board of Equalization 2019-2860 ASO 1O3 Dear Heritage at Vista Ridge Resident, As you know, your HOA was recently invel s A in a construction defect lawsuit. After much hard work by your HOA Board of Directors, it's t, le for the tirct phase of -repairs to commence, Thity letter is to inform you of the upcoming grading and di r 1-irr7 age repair work for your community Reconstruction Experts was selected by your Homeowners Association Boor LI tit Directors to complete the repairs due to our exti'r iv, knowledge and experience in reconstruction for niult I fdrHy communities. Concrete work and ridding. repairs will start next week on Tuesday 10/3/20W.]. This work will include cutting and re -pouring sections of the sidewalks in the front of units, removal and replacement of rock and grayl in the rear and front of the units and removal of the front deck areas Jr.some locatim1',. 'If you are having a dec in the front removed you will receive and additional posting letting you know this information 1,nd tin exact schedule_ We will take every precaution possible during these repairs to have ...ii i [I I Mal and impact as. possible on your day to day actives and we appreciate your patience as we work through this project. Please contract us with any questions, Luke Hart Project Manager I. iike.l" ail t'r econexp.CCf ) 301503,. 413 Jeremy Vaughan Project Superintendent Jeremey'.vaughan @recone p,carp 720-626-1565 G r s fro d Y ..H S Yj • -rr • A '4- 1 .� A P i sib r A O Y. • Y Y ■ • t k sae II A t V C a a i a i a Y 10+- r 1 1�- s r 9 • 1 I • a +�_ ISIIMMISIMminStairisollorra- • 1 q, 4 1 , . • II am , 0 • tl I I x A • Y a, • 1 d I • • F 1 I it I A II • I I • I 1 1 .• 1 • I • 1 • • I. r a a r • • I A 1 1 1 I • I . • 1 1 F r Es • I A 1 • 41 I Ii A 1 F 1 I L • • , 1 I 1 I 1 •1 I 4 s 1 �I • h I • 1 • II r 1 • • 1 I ti I II 1 1 • p ,. 1 P AI. 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