Laserfiche WebLink
C� <br />� <br />J <br />� <br />' <br />' <br />II � <br />' <br />Section Four. Sellers' Records Repuests. The Association shall use its best efforts to accommodate any request pursuant <br />to C.R.S. '38-33.3-223 by a seller of one of the Properties for documents within the Association's control, in accordance with Section <br />Three, above. <br />ARTICLE SIX: RESPONSIBLE GOVERNANCE POLICIES <br />Section One. Collection of Unoaid Assessments All subsequent dues payments shali become due and payable on <br />January 1 of each year, and a late fee of $25.00 will be added after the 31 °` of January. After 6 months a lien will be placed against the lot <br />and the owner is then required to pay the lien fees as well as the back dues to have the lien removed. Foreclosure proceedings are always <br />an option for the Board for collection of non payment of dues and the owners will then have to pay lawyer fees on top of dues and lien fees <br />to correct the problem. Any Member who wishes to challenge an assessment must so inform the President, or in the PresidenYs absence, <br />the Treasurer, of the Association within fifteen days of the notice of a regular assessment or within thirty days of the notice of a special <br />assessment. Upon receipt of such written notice, the Board of Directors shall include the matter on the agenda for the next Board of <br />Directors meeting. If no Board of Directors meeting is set within the next sixty days, the Board shall set a special meeting for such purpose <br />within such sixty day period. At any time that the Board of Directors determines that a Member is in default in the payment of <br />assessments, or any other charges, the Secretary shall so inform the Member, and also shall inform the Member of the right to request an <br />opportunity to be heard on the matter at the next upcoming Board of Directors meeting, or within sixtydays of the date of notice, whichever <br />is sooner. A Member who chooses to challenge an assessment, or who receives a notice of a default in the payment of assessments, <br />shall be entiUed to be heard on the matter at a Board of Directors meeting prior to the Board initiating a collection action against the <br />Member. The Member may designate a representative to speak on the Members behalf at the meeting on the matter. The costs of <br />collection of unpaid assessments, including attorneys fees, may be billed to the Member responsible for the assessments, without <br />commencing a legal proceeding, pursuant to C.R.S. '38-33.3-123(1)(a). <br />' Section Two. Reimbursement of Litiaation Ex�enses:. If any lot is made subject to litigation which litigation causes the <br />Associatlon to be made a Party, the Owner of said lot shall be assessed a fee in the amount equal to the reasonable attomey fees <br />and costs incurced by the Association to defend the rights of the Association as part of the Litigation including buy not limited to <br />seeking dismissal from the litigatfon. This provision is permitted under C.R.S.§38-33.3-101 et seq. <br />' <br />I� <br />' <br />' <br />Section Three Conflicts of Interest. If any contract, decision or other action taken by or on behalf of the Board of Directors <br />would financially benefit any Director or any person who is a parent, grandparent, spouse, child or sibling of a Director or a parent or <br />spouse of any of those persons, that Director shall declare a conflict of interest for that issue. The Director shall declare the conflict <br />in an open meeting, prior to any discussion or action on that issue. After making such declaration, the Director may participate in the <br />discussion but shall not vote on that issue. Any contract entered into in violation of this section is void and unenforceable. <br />Section Four Conduct of Meetinas. The order of business for any regular meeting of the Board of Directors shall be as <br />follows: A.Calling of the roll. B. Secretary's proof of due notice of the meeting. C. Reading and disposal of unapproved minutes of <br />prior meetings. D. Reports of officers. E. Reports of committees. F. Old or unfinished business. G. New business. The Board of <br />Directors shall attempt to reach all decisions by consensus, but will. operate by majority vote as necessary. All votes will be recorded <br />in the minutes of the meeting. The Directors may conduct the meetings of Members pursuant to the same order of business as <br />above, and decisions will be made by a simple majority vote or by a sixty-seven percent majority vote, as required by the Declarations <br />and Bylaws. Matters such as the budget and the election of Directors shall be referenced specifically in the noticed agendas of the <br />Members meetings. If the Board of Directors adopts RoberPs Rules of Order for Board of Directors meetings or for the Members <br />meetings, the Board of Directors shall reference such rules in the notice for the meeting, and shall have a copy of the rules available <br />at the meeting. <br />' Section Five. Enforcement of Covenants and Rules. Section One, above, provides for a notice and hearing procedure <br />with regard to assessments issues. Similarly, with regard to any alleged infraction by a Member of the Declarations, the Bylaws, any <br />Architectural Standards or Construction Regulations, these Rules, or any other applicable rules or regulations, the Board of Directors <br />must prowde the Member with notice of the alleged infraction, and an opportunity to be heard with regard to the alleged infraction, <br />prior to imposing fines, removing privileges, or taking other action adverse to the Member. The Board of Directors shall provide the <br />' Member with an opportunity to be heard, either directly or through a designated representative, within sixty days of the time that the <br />Board of Directors informs the Member of an aileged infraction. Except for cases involving emergencies or threats to public safety, <br />the Board of Directors shall provide the Member with the opportunity to be heard prior to initiating any self-help or legal action. <br />Except for cases involving emergencies or threats to public safety, the Member may postpone the Member's opportunity to be heard <br />once at the Member's convenience, or twice with good cause. If the Member fails twice to use the hearing opportunity, the Board of <br />' Directors may proceed with the appropriate self-help or legal action as authorized by the Colorado Common Interest Ownership Act, <br />the Declarations, the Bylaws, the Rules, or any other rules or regulations duly adopted by the Association. The addition to the fine <br />provided in Bylaws shall be inGuded in enforcement Schedule of Fines which will be attached hereto and considered an integral part <br />of these Rules. <br />� <br />' <br />' <br />Section Six Insoection and Coovina of Association Records bv Unit Owners. The policies are set out in Rules Article Five. <br />Section Seven Investment of Reserve Funds. The Associations reserve funds shall be invested prudently in a federally <br />insured institution or in bills, bonds or other instruments that are backed by the full faith and credit of the United States or Colorado, <br />pursuant to a recorded vote of the Board of Directors. <br />, <br />