Dear Editor, the reason I am providing the information is to show you how Karl Nyquist and David Pretzler act when in control of a community and Special District. I hope this gives you some insight to how they behave and operate. Will this be indicative of how they operate in their new venture?
Wild Pointe Partners
(Developer)
Karl Nyquist & David Pretzler

Wild Pointe HOA
Board Members
David Pretzler President
Karl Nyquist Vice- President

Elbert & HWY 86 Metro District
Board Members
Karl Nyquist &David Pretzler
Agricultural zoning on Karl Nyquist's and David Pretzler's Lots
In 2009 Wild Pointe residents received a Tax Bill from the Elbert and Highway 86 Metro District of over 72mills, this was just for the Special District. It was determined that the Developers were keeping the AG rating instead of a Developer's discounted rate on 75 on the 181 lots of Wild Pointe that were designated by the Community Development Plan/Covenants as Residential/Recreational use only. Homeowners went to the BOCC and asked for help. They were directed to the Assessor's office. The Assessor informed homeowners that in Colorado there is a "Use Law". Therefore the Assessor's office said you would have to take it up with our HOA. It was found that our Covenants stated no "Open Grazing" and that lots were to be used for residential/recreational use only. Our board directors Karl Nyquist/David Pretzler said they were allowed as Owners(Developer) of lots to graze cattle despite what the Covenants stated. They had Ms Diane Miller their attorney from the Metro District give her legal interpretation of "Open Grazing". The other Covenant regarding Residential use only was ignored. Today they still graze cattle and have had a lease to do so since 2002 filed with the Assessor's office of Elbert County. Today 29 lots of 181 are zoned AG.
Does the Developer have a conflict of interest since he is on the Board of the Metro District and has the authority to levy taxes? Are they financially benefiting as a developer by grazing cattle on lots that are designated by the Community Development Plan as Residential/Recreational use only? Not AG! The loss revenue to the Metro District is recovered when the above parties increase mill levy to current homeowners to make up for not paying Developer's proper taxes on land. In 2008 tax revenue is $149,802 to the County/special district was lost due to AG rating. Roughly 46.8% of the lost tax revenue should have gone to Elbert & Hwy 86 Metro district and 53.2% to Elbert County was lost revenue to the County . Remember this was for only the year of 2008.
If the Developers allowed their lots to be taxed fairly in 2008 the Mill levy would have been no more than 55 mills relative to the 72+ mills. Even with the Gallagher Amendment applied.
Is this a conflict of interest? Is this self interest? What about the Fiduciary responsibility to the homeowners?
Developers/HOA Board members HOA Dues Issue
that had to apply the same rules to themselves. Therefore they would not discriminating or acting in self interest. David Pretzler and Karly Nyquist said they would only pay the HOA dues for years 2006-2009, not 2005. They would not pay any late fees or interest as they had charge to other Lot owners in Wild Pointe. They only paid about $11,548. When it was ask by homeowners why they were not paying late fees and interest. It was stated that is all they wanted to pay!
As stated in our Covenants under Reconciliation: "The Board may either refund the overpayment to the Owner or credit such overpayment against such Owner's obligation for Assessments for the next ensuing fiscal year."
HOA board (David Pretzler and Karl Nyquist) said that would be too difficult to track down some past lot owners so they would not follow this Covenant. They have held the money in Limbo and are now trying to use if for Projects.
Basically the money they did not pay over 5 years resulted in other lot owners paying much more to pick up what they were not paying. When it was corrected, the money was never fairly returned to those that overpaid as required by the Covenants of this community.
After this issue was remedied by our homeowners against the above parties, the following year the above party did not pay their HOA dues on time. They only acknowledge it when a fellow lot owner mentioned it at an HOA meeting, 4 months after they were due. Excuse: the HOA board President and Vice President didn't know when they were due. Once again no late fees and interest were charged to themselves as they had done to other home owners in the same four month period.
Is this a conflict of interest? Is this self interest? What about the Fiduciary responsibility to the homeowners? Is there discrimination of the homeowners because rules and covenants being applied differently to different Lot owners?
Metro District Maintenance issue
The Metro District is responsible for maintenance of 14 miles of trails plus other areas. After 2 years of not cutting grass it was a topic in a HOA meeting. You see under the district's special taxing authority they were charging 5-15 mills for expenses of the district. Some of those fees should be for trail maintenance. When asked why no trail maintenance, David Pretzler said there was not enough money in the budget for that maintenance.
So our board of directors of our HOA should have enforced or required the metro district to maintain our trails as required by the Covenants. They didn't now enforce that Covenant against themselves.
Currently a Homeowner is cutting the trail system in Wild Pointe Ranch.
Is this a conflict of interest? Is this self interest?
Management Company hired by the above parties
In an introduction letter form Z&R management for Wild Pointe Ranch Homeowners. It is mentioned that they should be enforcing all Covenants.
They do not enforce Covenants as stated in their introduction letter to the community. They charge homeowners interest and late fees on delinquent HOA Dues, but do not charge HOA Board members/Developers.
This was ignored by Karl Nyquist and David Pretzler. They still employ this management company even though several Homeowners have asked for new management.
Elbert & Hwy 86 Metro District disclosure letter in closing documents
document in the closing papers of purchasing your home in Wild Pointe Ranch. The document stated that there would be a Mill levy cap of 50 mills for Debt service and operational expenses, subject to legislative and constitutionally imposed adjustments (Gallagher Amendment). This would have been 55 mills max the year they charge homeowners over 72 mills.
When inquired of Rosenbluth & Miller Associates. Ms. Rosenbluth said it was a "Mistake". This is the same Diane Miller you now know of at the BOCC meetings today.
Is this Misrepresentation? Was this illegal?
Elbert & Hwy 86 Metro District current General Obligation Bonds
David Pretzler and Karl Nyquist are trying some interesting techniques to renegotiate the current GO Bonds for this coming year in 2011, paid in 2012. They will not be charging any operational fees in the way of Mills, but they will charge us the MAX of 55 mills for just the Debt Service. They will use their Line of Credit to pay the remaining balance due to meet the Debt service payment. They stated this may send up a "Red Flag" or might it lead to a "Downgrade" of GO Bond's rating. They hope they can renegotiate the terms of the loan. Currently the term is 30 years.
This was explained to homeowners in the last HOA meeting. But it is confusing and not clear what they are doing or trying to accomplish. When questions are asked they are answered in a confusing fashion.
Why are they trying to renegotiate? Is there trouble?
The above mentioned issues are only highlights of what has been occurring in our community. As you can see their "MO" is they confuse, delay and often ignore any challenge, question or issues.
Elbert & Hwy 86 Metro District Miscellaneous
In Elbert and Hwy 86 Metro District 2007 Financial Statement, dated December 31, 2007. An auditor noted, "The members of the Board of Directors of the District are employees of , owners of, or associated with the Developer and may have conflicts of interest in dealing with the District". This auditor was not hired for the following years.
During the year of 2009 it was also discovered that the Developers/HOA Board members (listed above)/ were also not paying HOA Dues as required by our Covenants. It was determined by several homeowners that they owed more that $200,000 in dues, interest and late fees. Since they had been charging other homeowners interest and late fees for delinquent HOA dues,
In the Elbert and Hwy 86 Metro District Service Plan it states that the previous year's financial statements will be filed at the Elbert County's Recorders office. It is to be submitted to the County no later than 120 days from the end of the closing year. In 2008: it was not filed until I wrote to Diane Miller Esq. to notify her that the filing was 2 weeks late. For the financials of years 2009 and 2010, they still have not been filed at the recorder's office.
Why is the Elbert and Hwy 86 Metro District not filing their financial statements as required and dictated by their own Service Plan?
As of the end of year 2007, Elbert and Hwy 86 Metro District had issued 5.5 million dollars in Bonds for our district. They had not issued any Bonds for a remaining 5.6 million dollars that were Authorized but not issued. Currently, it is unclear what they have issued as they have not filed the Financial statements for years 2009 and 2010 with the Recorder's office.
The Service plan for the Elbert and Hwy 86 Metro District shows projections for "Build-out" regarding Debt service to be completed by 2014. Currently, there are no more than 50 homes built in this community. Is this why they are trying to renegotiate our Bonds Terms???
In 2008 effective February 28th, they signed a Wild Pointe Ranch Homeowners Association Conflict of Interest Policy. This doc is available for viewing at the Recorder's office. It basically explains what do to when there is a conflict of interest. This was not followed when HOA Board members Nyquist/Pretzler were asked to quit violating the Covenants by not allowing their lots to be zoned Residential. Based on this action they should have been removed from the board of WPR HOA.
Some homeowners were given a disclosure letter describing the Metro district- Some of its risks and protections. It was an initialed
We received the following letter anonymously. While we can't confirm these allegations, similar claims have been made to us by several sources afraid to speak out publicly for fear of retribution. Because of the apparent pattern, we present this letter as is, from an anonymous person who felt strongly enough to write it all down. But, it is anonymous, and so the reader must "consider the source" in determining its accuracy or validity of accusations. We don't live in Wilde Point so can't attest to the writer's accuracy. As in all things you read or hear, use your own good judgment in believing or disbelieving the source. - The Publisher