The current site of the Administration building for the Breckenridge Ski Resort was sold to a developer. This is the property directly next to One Ski Hill Place (OSHP). The developer received approvals from the planning board to build the East Peak 8 Hotel (with approximately 47 condos). The property, once built, will be managed by Rock Resorts. It is rumored that it will be a Four Seasons Resort. Due to various community concerns the Town Council called a "de novo hearing". A de nova hearing, in this instance, is a hearing in which the Town Council, as the decision-making authority deals completely afresh with a matter that has already been heard once before by the planning board.
The de novo hearing was scheduled for January 28th. There were rumors that the entire project was going to be rejected by Town Council. On that date the developer asked for a continuance for February 25th. On February 25th, the majority of our HOA Board unilaterally, without the support or direction of our owners, chose to support the project. A majority vote of the HOA Board usurped the residents' voice (by improperly having both the developer and the HOA Board attorney state to the Town Council, BEFORE the Town Council had voted, that OSHP HOA Board supported the project. This ultimately influenced the vote of approval by the Town Council.
Our HOA Board, without surveying all the residential owners, gave their support of the project, although its service entrance remained in front of OSHP (see images below). The land the service entrance is on is owned by Vail Resorts. Vail Resorts gave the EP8 developer an easement to use this land (without even a courtesy notice to OSHP). We believe that this service entrance infringes OSHP's front elevation and will bring unsightly trucks, noise and odors to OSHP.
Digressing, our HOA Board agreed between them via email to support some concessions that the developer made on the day that the Town Council was going to vote on the matter. As one of the residential board members who was concerned about the service road, I warned the HOA Board that they were rushing for no reason and should survey our owners for direction/support. I even told the HOA Board that they should ask the developer to extend for another month to accomplish this. I also expressly cautioned the HOA Board against giving their support because it could impact the Town Council's vote. That "support" somehow got turned/twisted into having the developer represent that the OSHP HOA Board supported their project AND the OSHP HOA Board's attorney also represent that the HOA Board supported their project. This, then influenced the Town Council in their decision.
All of the above was done without authorization from our residential owners. We believe that our residential board breached their fiduciary responsibility (and authority) to the residential owners.
Unfortunately, at this juncture, filing an appeal is the only way we can get any traction with the developer and the Town of Breckenridge. This would require having a special meeting by our HOA Board (possibly remove at least one residential board member and then have the board vote to appeal).