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HOA Board meetings change location
The new location of the HOA Board meetings will now be held at Rocky Mountain Christian Church
5860 Majestic St.
Frederick, CO . Meetings will begin at 7:00 p.m.
Board meetings Annual Meeting Budget Meeting
January 20, 2010 March 16, 2010 November 16, 2010
April 20, 2010
July 20, 2010
October 19, 2010
RESOLUTION
OF THE
COUNTRYSIDE AT FREDERICK HOMEOWNERS ASSOCIATION, INC.
REGARDING POLICIES AND PROCEDURES FOR COVENANT AND RULE. See paragraph 10
ENFORCEMENT
SUBJECT: Adoption of a policy regarding the enforcement of covenants and rules and
procedures for the notice of alleged violations, conduct of hearings and
imposition of fines.
PURPOSE: To adopt a uniform procedure to be followed when enforcing covenants and
rules to facilitate the efficient operation of the Association.
AUTHORITY: The Declaration, Articles of Incorporation and Bylaws of the Association, and
Colorado law.
EFFECTIVE
DATE: August 1, 2007
RESOLUTION: The Association hereby adopts the following procedures to be followed when
enforcing the covenants and rules of the Association:
1. Reporting Violations. Complaints regarding alleged violations
may be reported by an Owner or resident within the community, a group of
Owners or residents, the Association's management company, if any, Board
member(s) or committee member(s) by submission of a written complaint.
2. Complaints. (a) Complaints by Owners or residents shall be in
writing and submitted to the Board of Directors. The complaining Owner or
resident shall have observed the alleged violation and shall identify the
complainant ("Complainant"), the alleged violator ("Violator"), if known, and set
forth a statement describing the alleged violation, referencing the specific
provisions which are alleged to have been violated, when the violation was
observed and any other pertinent information. Non-written complaints or written
complaints failing to include any information required by this provision may not
be investigated or prosecuted at the discretion of the Association. (b) Complaints
by a member of the Board of Directors, a committee member, or the manager, if
any, may be made in writing or by any other means deemed appropriate by the
Board if such violation was observed by the Director or Manager.
3. Investigation. Upon receipt of a complaint by the Association, if
additional information is needed, the complaint may be returned to the
Complainant or may be investigated further by a Board designated
individual or committee. The Board shall have sole discretion in appointing
an individual or committee to investigate the matter.
4. Initial Warning Letter. If a violation is found to exist, a warning
letter shall be sent to the Violator explaining the nature of the violation. The
Violator will have 14 days from the date of the letter to come into
compliance.
5. Continued Violation After Initial Warning Letter. If the alleged
Violator does not come into compliance within 14 days of the first warning letter;
this will be considered a second violation for which a fine may be imposed
following notice and opportunity for a hearing. A second and subsequent letter
shall then be sent to the alleged Violator, providing notice and an opportunity for
a hearing, and explaining if a violation is found to exist, a fine may be imposed
pursuant to this Policy. The letter(s) shall further state that the alleged Violator
will have 14 days from the date of the letter to come into compliance and is
entitled to a hearing on the merits of the matter provided that such hearing is
requested in writing within 14 days of the date on the violation letter.
6. Notice of Hearing. If a hearing is requested by the alleged
Violator, the Board, committee or other person conducting such hearing as may
be determined in the sole discretion of the Board, may serve a written notice of
the hearing to all parties involved at least 10 days prior to the hearing date.
7. Hearing. At the beginning of each hearing, the presiding officer,
shall introduce the case by describing the alleged violation and the procedure to
be followed during the hearing. Each party or designated representative, may, but
is not required to, make an opening statement, present evidence and testimony,
present witnesses, and make a closing statement. The presiding officer may also
impose such other rules of conduct as may be appropriate under the given
circumstances. Neither the Complainant nor the alleged Violator are required to
be in attendance at the hearing. The Board shall base its decision solely on the
matters set forth in the Complaint, results of the investigation and such other
credible evidence as may be presented at the hearing. Unless otherwise
determined by the Board, all hearings shall be open to attendance by all Owners.
After all testimony and other evidence has been presented at a hearing, the Board
shall, within a reasonable time, not to exceed 15 days, render its written findings
and decision, and impose a fine, if applicable. A decision, either a finding for or
against the Owner, shall be by a majority of the
Board members present at the hearing. Failure to strictly follow the hearing
procedures set forth above shall not constitute grounds for appeal of the hearing
committee's decision absent a showing of denial of due process.
8. Failure to Timely Request Hearing. If the alleged Violator fails to
request a hearing within 14 days of any letter, or fails to appear at any
hearing, the Board may make a decision with respect to the alleged violation
based on the Complaint, results f the investigation, and any other available
information without the necessity of holding a formal hearing. If a violation
is found to exist, the alleged Violator may be assessed a fine pursuant to
these policies and procedures.
9. Notification of Decision. The decision of the Board, committee or
other person, shall be in writing and provided to the Violator and Complainant
within 15 days of the hearing, or if no hearing is requested, within 7 days of
the final decision.
10. Fine Schedule. The following fine schedule has been adopted for
all recurring covenant violations:
First Violation Warning letter
Second violation
(of same covenant or rule) $100.00
Third violation
(of same covenant or rule) $200.00
Fourth and subsequent violations
(of same covenant or rule) $500.00
Fourth and subsequent covenant violations may be turned over to the
Association's attorney to take appropriate legal action. Any Owner committing
three or more violations in a six month period (whether such violations are of
the same covenant or different covenants) may be immediately turned over to
the Association's attorney for appropriate legal action.
11. Waiver of Fines The Board may waive all, or any portion, of the
fines if, in its sole discretion, such waiver is appropriate under the
circumstances. Additionally, the Board may condition waiver of the entire fine,
or any portion thereof, upon the Violator corning into and staying in compliance
with the Articles, Declaration, Bylaws or Rules.
12. Other Enforcement Means. This fine schedule and
enforcement process is adopted in addition to all other
enforcement means which are available to the Association
through its Declaration, Bylaws, Articles of Incorporation and
Colorado law. The use of this process does not preclude the
Association from using any other enforcement means.
13. Definitions. Unless otherwise defined in this Resolution,
initially capitalized or terms defined in the Declaration shall have
the same meaning herein.
14. Supplement to Law. The provisions of this Resolution shall
be in addition to and in supplement of the terms and provisions of
the Declaration and the law of the State of Colorado governing the
Project.
15. Deviations. The Board may deviate from the procedures set
forth in this Resolution if in its sole discretion such deviation is
reasonable under the circumstances.
16. Amendment. This policy may be amended from time to time
by the Board of Directors.
PRESIDENT'S
CERTIFICATION: The undersigned, being the President of the Countryside at Frederick
Homeowners Association, Inc., a Colorado nonprofit corporation,
certifies that the foregoing Resolution was adopted by the Board of
Directors of the Association, at a duly called and held meeting of the
Board of Directors on July 17, 2007 and in witness thereof, the
undersigned has subscribed his/her name.
COUNTRYSIDE AT FREDERICK
HOMEOWNERS ASSOCIATION, INC.,
a Colorado nonprofit corporation
By:
President
Scott McKenna
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