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HRCA Delegates and Directors
The document outlines the duties, responsibilities, and expectations of HRCA Delegates and Directors. Delegates elect Directors and have authority to approve certain assessments and amendments with 2/3 voting approval. Directors' duties include accepting property, maintaining insurance, preparing budgets, enforcing rules and collecting assessments. Their powers include acquiring property, adopting rules, and conveying property with Delegate approval. Directors are responsible for finances, architectural matters, and representing the HRCA. They have fiduciary duties and can face corporate or personal liability.
HRCA Delegates and Directors
- 1. HRCA Delegates’ and Directors’Duties, Responsibilities, and Expectations
- 2. Basis Community Declaration(CC&R’s) Covenants, Conditions, and Restrictions Recorded against every Privately Owned Site Contract between Owner and the HRCA Supplemental Declaration Articles of Incorporation Bylaws
- 3. Terms Duty: bindinglegal obligation Power: ability to accomplish objective Liability: corporate and/or personal
- 4. Delegate Responsibilities Community Declaration Delegates elect Directors One vote for each privately owned site Serve as Delegate for a District Authorize the Board of Directors to convey property with 2/3 voting approval Authority to approve increase in the assessments greater than 120% from preceding year with 2/3 voting approval
- 5. Delegate Responsibilities Community Declaration Authority to approve increase in Maximum Common Assessment (cumulative CPI based) (2/3 voting approval) Authority to approve Special Assessments for capital expenditures (2/3 voting approval) May amend the Articles of Incorporation May Amend the Bylaws
- 6. Delegate Expectations AttendAnnual and Special Meeting of Delegates Attend monthly Delegate Meeting Read updates and HRCA Newsletters Represent their District
- 7. Director Duties andPowers Acting through the Board, HRCA shall have these duties and powers: Duties: Accept property and facilities from Declarant Pay taxes Maintain casualty insurance Maintain liability insurance Obtain fidelity coverage for persons handling cash
- 8. Directors’ Duties Otherinsurance (e.g. workers’ compensation) Prepare budgets Levy and collect assessments Provide audit Assist Architectural Committee as outlined in Article X. Follow all applicable local, State and Federal Laws
- 9. Director Power Acquireproperty and construct improvements Adopt rules and regulations Enforce the Declaration and rules and regs Provide Public Functions Provide services to sub-associations Provide special services for members Charge for facilities and services Grant easements
- 10. Director Power Conveyand dedicate property (with approval of 2/3 Delegate voting power) Borrow money and mortgage property (with approval of 2/3 of Delegate voting power) Employ managers Engage employees, agents, and consultants
- 11. Director Power Generalcorporate powers Trash collection Regulate use of HRCA facilities Manage the affairs of the Association Delegate authority but not responsibility
- 12. Director Responsibilities (Finance) Maintenancefunds Other funds Deposits Disbursements Common Assessments Funding reserve funds Supplemental common assessments
- 13. Director Responsibilities (Finance) Limitationsof assessments (thresholds to exceed requires 2/3 voting power of Delegates) Annual Budgets Special assessments for capital expenditures (requires 2/3 voting power of Delegates) Reimbursement assessments Late charges and interest
- 14. Director Responsibilities (Finance) Noticeof default and acceleration of assessments Lawsuit to enforce assessments Lien to enforce assessments Estoppel certificates
- 15. Director Responsibilities (Architectural) AppointArchitectural Committee Members Approve Rules and Guidelines Appoint Tribunals for appeals Hear and make determinations on Tribunal recommendations (improvements to property and non-compliance) Lawsuits to enforce architectural matters Estoppel Certificates
- 16. Director Expectations Attendmonthly Board Working Session Attend Delegate Meetings Attend Board Meetings Attend other meetings (Metro District, Team Highlands Ranch, etc.) Understand Director Roles Represent HRCA at community events and activities Understand Director Roles, Duties, Powers, and Responsibilities Lead Special Projects in support of the HRCA Strategic Objectives
- 17. Directors Have Liabilities Fiduciary Duty Duty of undivided loyalty Conflict of interest Uniform and consistent enforcement of rules Uniform and consistent enforcement of collections Corporate liability Personal liability