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How the Association Does Business

How the Association Does Business

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  • 1. the Articles of Incorporation, the Declaration of Covenants, Conditions,and Restrictions, the Policies, and these Bylaws. ARTICLE XV III AmendmentsSection 1. Process These Bylaws may be amended, at a regular orspecial meeting of The Association by a vote of a majority of a quorum ofmembers present. A copy of the proposed bylaws and the changes shallbe provided to members at least fourteen (14) days before the meeting.Section 2. Conflict In the case of any conflict between the Articles ofIncorporation and these Bylaws, the Articles shall control; and in the caseof any conflict between the Declaration of Covenants, Conditions, andRestrictions and these Bylaws, the Declaration shall control. Page 10 of 10
  • 2. ARTICLE XIV AssessmentsAs more fully provided in the Declaration, each unit owner is obligated topay to The Association annual and special assessments that are securedby a continuing lien upon the property against which the assessment ismade. Annual assessments are stated as monthly amounts and are dueon the first of the month for that month. Any assessments that are not paidwhen due shall be delinquent. If the assessment is not paid within thirty(30) days after the due date, the assessment shall bear interest from thedate of delinquency at the rate of twelve (12) percent per annum; TheAssociation may bring an action of law against the owner personallyobligated to pay the same or foreclose the lien against the property, andinterest, costs, and reasonable attorney’s fees of any such action shall beadded to the amount of such assessment. No owner may waive orotherwise escape liability for the assessments provided for herein bynonuse of the Common Area or abandonment of the owned lot. TheBoard of Directors shall determine the next year’s annual assessment bythe 31st of October and inform the members. A limit of 10% increase onthe current annual assessment is placed on the Board. Any additionalannual assessments and all special assessments shall be voted by a dulycalled meeting of The Association. ARTICLE XV Books and RecordsThe books, records, and papers of The Association shall at all times, duringreasonable business hours, be subject to inspection by any member. TheDeclaration of Covenants, Conditions, and Restrictions, the Articles ofIncorporation, the Bylaws of The Association, the Policies, and the Rulesand Regulations shall be given to each new owner before closing occurson the unit. ARTICLE XVII Parliamentary AuthorityThe latest edition of Robert’s Rules of Order shall serve as theparliamentary authority of The Association in any matter not covered in Page 9 of 10
  • 3. Secretary / TreasurerThe secretary shall record the votes and keep the minutes of all meetingsand proceedings of the Board of The Association; keep the corporate sealof The Association and affix it on all papers requiring said seal; maintainthe corporate records; provide copies of the records as needed; createsand distributes the newsletter after each meeting of the Board; handlegeneral correspondence for the Board and The Association; serve noticeof meetings of the Board and of the members; keep appropriate currentrecords showing the members of The Association together with theiraddresses, co-signs all checks, and performs such other duties as requiredby the Board. TreasurerThe treasurer shall or cause to be received and deposited in appropriatebank accounts all monies of The Association and shall disburse such fundsas directed by resolution of the Board of Directors; co-sign checks andpromissory notes of The Association; cause to be kept proper books ofaccount; and shall or cause to be prepare an annual budget and astatement of income and expenditures to be presented to themembership at its regular annual meeting, and deliver a copy of each tothe members. ARTICLE XII CommitteesThe Association shall appoint the Board of Directors to serve as anArchitectural Control Committee, as provided in the Declaration ofCovenants, Conditions, and Restrictions. In addition, the Board of Directorsshall appoint other working groups as deemed appropriate in carrying outits purposes. Each working group shall have a board member coordinatorplus other interested residents. ARTICLE XIII Fiscal YearThe fiscal year of The Association shall begin on the first day of Januaryand end on the 31st day of December of every year, except that the firstfiscal year shall begin on the date of incorporation. Page 8 of 10
  • 4. Board may from time to time by resolution create, who shall at all timesbe members of the Board of Directors.Section 2. Election of Officers The election of officers shall take place atannual meeting of the members.Section 3. Term The officers of The Association shall be elected annuallyand each shall hold office for one (1) year unless resignation, removal, ordisqualification shall occur.Section 4. Resignation and Removal Any officer may be removed fromoffice with or without cause by The Association. Any officer may resign atany time by giving written notice to the Board, the president, or thesecretary. Such resignation shall take effect on the date of receipt ofsuch notice or at any later time specified thereon, and unless otherwisespecified therein, the acceptance of such resignation shall not benecessary to make it effective.Section 5. Vacancies A vacancy in any office may be filled in themanner prescribed in Article VII, Section 3. The officer elected to suchvacancy shall serve for the remainder of the term of the officer replaced.Section 7. Multiple Officers The officers of secretary and treasurer maybe held by the same person. No person shall simultaneously hold morethan one of any of the other officer positions.Section 8. Duties The Duties of the officers are as follows: PresidentThe President shall preside at all meetings of The Association and theBoard of Directors; shall see that orders and resolutions of the Board arecarried out; shall sign all leases, mortgages, deeds and other writteninstruments; shall co-sign all checks and promissory notes; shallencourage participation by the entire community; with the treasurer orfinancial manager shall handle work with outside agencies, e.g.,insurance, realtors, title companies, closing companies, mortgagers thatforeclose; shall coordinate board work related to corporation status;shall prepare and post agendas for meetings; and, shall call specialmeetings per these bylaws. Page 7 of 10
  • 5. 3. as more fully provided in the Declaration of Covenants, Conditions, and Restrictions to a. fix the amount of the annual assessment against each lot at least sixty (60) days in advance of each annual assessment. Assessments may be paid in equal monthly amounts; b. send written notice of each assessment to every owner subject thereto at least thirty (30) days after due date or to bring an action at law against the owner personally obligated to pay the same; c. issue or cause an appropriate officer to issue, upon demand by any person, a certificate setting forth whether or not any assessment has been paid. A reasonable charge may be made by the Board for the issuance of these certificates. If a certificate states an assessment has been paid, such certificate shall be conclusive evidence of such payment; d. procure and maintain adequate liability and hazard insurance on property owned by The Association and assess each unit a pro-rated amount according to the number of bedrooms and the presence or not of a fireplace in the unit; e. cause all officers or employees having fiscal responsibilities to be bonded as it may deem appropriate; f. cause the Common Area to be maintained: city sidewalks, driveways, sidewalks, carports, property perimeter fences, trees, landscaping. The individual lot owner is responsible for the patio and patio fences of their unit, and g. cause the exterior of the dwellings to be maintained.4. serve as the Architectural Control Committee and enforce the Architectural Control Guidelines; and5. provide each new owner before closure a welcome packet that includes at least The Articles of Incorporation, The Bylaws, The Policies, the Rules and Regulations, the membership of the Board of Directors, and a Directory of Residents. ARTICLE XI Officers and Their DutiesSection 1. Enumeration of Officers The officers of The Association shallbe a president, a secretary / treasurer, and such other officers as the Page 6 of 10
  • 6. Section 2. Special Meetings Special meetings of the Board of Directorsshall be held when called by the president of The Association or by anytwo directors, after not less than three (3) days notice to each director.Section 3. Quorum A majority of the number of directors shall constitutea quorum for the transaction of business. Every act of decision done ormake by a majority of the directors present at a duly held meeting atwhich a quorum is present shall be regarded as an act of the Board. ARTICLE X Powers and Duties of the Board of DirectorsSection 1. Powers The Board of Directors shall have power to:1. exercise for The Association all powers, duties and authority vested in or delegated to The Association and not reserved to the membership by other provisions of these Bylaws, the Articles of Incorporation, or the Declaration of Covenants, Conditions, and Restrictions, including serving as the Architectural Control Committee2. propose to The Association Rules and Regulations governing the use of all common areas including carports and facilities, the personal conduct of the members and their guests thereon, the architectural control guidelines, and to establish penalties for the infraction thereof for adoption by The Association3. declare the office of a member of the Board of Directors to be vacant in the event such member shall be absent from three (3) consecutive regular meetings of the Board of Directors; and4. employ a manager, an independent contractor, or such other employees as they deem necessary, and to prescribe their duties.Section 2. Duties It shall be the duty of the Board of Directors to:1. cause to be kept a complete record of all its acts and corporate affairs and to present the minutes of each meeting to the membership within five (5) days of the meeting; supervise all officers, agents, and employees of The Association and to see that their duties are properly performed; review the work of all independent contractors and take any actions necessary;2. shall review at each of its meetings the financial transactions and balances of all accounts and shall conduct an annual review; Page 5 of 10
  • 7. Association. In the event of death, resignation, or removal of a director,a successor shall be selected by the remaining members of the Board andshall serve for the unexpired term of the predecessor.Section 4. Compensation No director shall receive compensation forany service rendered to The Association. However, any director may bereimbursed for actual expenses incurred in the performance of dutiesupon presentation of a voucher and documentation of expense. TheBoard shall approve any reimbursement outside of the budget before theexpense is occurred.Section 5. Action Taken Without a Meeting The directors shall have theright to take any action in the absence of a meeting, which they couldtake at a meeting by obtaining the written approval of all the directors.Any action so approved shall have the same effect as though taken by ameeting of the directors ARTICLE VIII Nomination and Election of DirectorsSection 1. Nomination Nominations for all positions on the Board ofDirectors shall be made from the floor at the annual meeting.Section 2. Elections Election to the Board of Directors shall be by secretwritten ballot for any position for which more than one nomination hasbeen made. The person receiving the largest number of votes shall beelected. ARTICLE IX Meeting of DirectorsSection 1. Regular Meetings Regular meetings of the Board of Directorsshall be held monthly at such place and hour as may be fixed from timeto time by the resolution of the Board. Notice of each meeting with theproposed agenda shall be posted by the mailboxes at least three (3) daysprior to the meeting and shall include an opportunity for any member orresident to bring a concern to the Board. Page 4 of 10
  • 8. Section 2. Special Meetings Such special meetings of the members maybe called at any time by the Board of Directors or upon written request ofone-fourth (1/4) of the members entitled to vote.Section 3. Notice of Meetings Written notice of each meeting ofmembers shall be given by the person authorized to call the meeting orthe secretary at least fourteen (14) days in advance of such meeting.Such notice shall be delivered to each lot owner at the lot or by postalmail to absentee owners. Such notice shall designate the date, time, andplace of the meeting and shall include the purpose of the meeting, theproposed agenda, and in the case of proposed revisions of these bylawsor the rules and regulations a copy of the current document with clearlydesignated revisions.Section 4. Quorum A quorum shall consist of one-fourth (1/4) of theentitled members.Section 5. Proxies There shall be no proxy votes.Section 6. Action Taken Without a Meeting The members shall have theright to take any action in the absence of a meeting that they could takeat a meeting by obtaining the written approval of all the members. Anyaction so approved shall have the same effect as though taken at ameeting of the members. ARTICLE VII Board of Directors: Selection; Term of OfficeSection 1. Number The affairs of The Association shall be managed by aBoard of Directors consisting of President and Secretary / Treasurer plusone person representing each of the five (5) housing buildings. Anymanager employed by the Board shall attend the meetings of TheAssociation and of the Board of Directors.Section 2. Election At the annual meeting, the members shall elect theofficers and each building representative to serve until the subsequentannual meeting. Elected members may serve consecutive terms.Section 3. Removal Any director or officer may be removed from theBoard, with or without cause, by a majority vote of the members of The Page 3 of 10
  • 9. ARTICLE IV Voting RightsMembers shall be entitled to one vote for each lot in which they hold theinterest required for membership by Article II. When more than oneperson holds such interest in any Lot, all such persons shall be members.The vote for each lot shall be exercised as they among themselvesdetermine, but in no case shall more than one vote be cast with respectto any lot. ARTICLE V Property Rights: Rights of EnjoymentSection 1. Use Each member shall be entitled to the use and enjoymentof the Common Area and Facilities as provided in the Declaration ofCovenants, Conditions, and Restrictions. Any member may delegate hisor her rights of enjoyment of the Common Area and facilities to membersof his or her immediate family, or guests or tenants. The rights andprivileges of such delegee are subject to suspension to the same extent asthose of the member.Section 2. Owner Occupancy All units purchased after September 13,2012, shall be owner occupied. Owner occupied is defined as having theowner or a member of the owner’s primary family (e.g., grandparent,parent, spouse, sibling, or child) living in the unit. One additionalunrelated person may live in the unit with the owner present. Renters mayenjoy the rights of the common areas and are expected to adhere to theRules and Regulations of WHOA.Section 3. Rent Exemption An owner unable to sell a unit but alsounable to live in it may apply to the Board for a special exemption to rent. ARTICLE VI Meeting of MembersSection 1. Annual Meetings The Board shall call an annual meeting ofmembers between June 15 and September 15 at a location of itsdetermination within the City of Loveland. Page 2 of 10
  • 10. BYLAWS OF THE WILLOWBRIAR HOMEOWNERS’ ASSOCIATION ARTICLE I Name and LocationThe name of the corporation is The Willowbriar Homeowners’ Association,hereinafter referred to as “The Association”. The principal office of thecorporation shall be 985 W. 10th Street, Loveland, Colorado 80537, butmeetings of members and directors may be held as such places withinthe State of Colorado, City of Loveland, County of Larimer, as may bedesignated by the Board of Directors. ARTICLE II Definitions“The Association,” shall mean and refer to THE WILLOWBRIARSHOMEOWNERS’ ASSOCIATION, a Colorado non-profit corporation, itssuccessors and assigns. ARTICLE III MembershipSection 1. Membership Every person who is a record owner of a fee orundivided fee interest in any Lot which is subject by covenants of recordto assessment by The Association shall be a member of The Association,provided that any such person or entity who holds such interest merely asa security for the performance of an obligation shall not be a member.Section 2. Suspension of Membership During any period in which amember shall be in default in the payment of any annual or specialassessment levied by The Association or more than two months of monthlyfees, the voting rights and rights to use of the recreational facilities of sucha member shall be suspended by the Board of Directors until suchassessment has been paid. Such rights of a member may also besuspended, after notice and hearing, for a period not to exceed thirtydays, for violation of any rules and regulations established by the Board ofDirectors governing the use of the Common Area and facilities. Page 1 of 10

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