The following are the excerpts from the actual Copperfield Homeowner's Association Declaration of Covenants and its amendments, which every owner should have a copy of. If you do not have a copy, and would like to purchase one, please contact Bennett-Schellenberger Realty, Inc., our Managing Agent, at 719-471-1703
FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTION FOR COPPERFIELD
ARTICLE III GENERAL RESTRICTIONS
All real property within the property shall be owned, held, conveyed, encumbered, leased, used, occupied and enjoyed subject to the following limitation and restrictions:
3.01 Architectural Control Committee Approval. The size of dwelling units to be located upon Lots and all plans and specifications, including but limited to the size, height, location, design, exterior colors and materials, of all improvements, drives, walks, fences, grading and landscaping must be approved in writing by the Architectural Control Committee prior to commencement of any construction other than construction to be performed by the Grantor. Any plans and specifications submitted to the Architectural Control Committee shall be deemed approved unless a disapproval in writing is mailed to the applicant within thirty days after the date of submission.
3.02 New Construction. All dwelling units shall be of new construction and no existing or prefabricated dwelling unit shall be moved onto any Lot. No other building or structure (including but not limited to playhouse, storage sheds and windmills) may be moved onto a Lot without prior written approval of the Master Architectural Committee. No building materials shall be stored on any Lot except temporarily during continuous construction of an improvement or its repair, alteration or replacement. A structure shall not be occupied in the course of original construction until all required certificates of occupancy have been issued by the appropriate governmental authorities. All work of construction shall be prosecuted diligently and continuously from the time of commencement until fully completed. No trailer, mobile home, tent or shack or other temporary building, improvement or structure shall be placed upon any part of the Property, except that temporary structures necessary for storage of tools and equipment and for office space for architects, engineers, salesmen, builders, foremen and similar persons during actual construction may be maintained with the prior approval of the Architectural Control Committee, such approval to include nature, size, location and maximum duration of such structure. This First Amendment shall not be construed so as to unreasonably interfere with or prevent normal construction activities during the construction of improvements by any Owner, including the Grantor, provided that when completed such improvements shall in all ways conform to this First Amendment and the Declaration. Specifically, no such construction activities shall be deemed to constitute a nuisance or violation of this First Amendment by reason of noise, dust, presence of vehicles or construction machinery, posting of signs or similar activities, provided that such construction is pursued to completion with reasonable diligence, is in compliance with applicable federal, state and local laws and ordinances and any rules and regulations adopted pursuant thereto, and conforms to usual construction practices in the area. In the event of any dispute, a temporary waiver of the applicable provision, including but not limited to any provision prohibiting temporary structure, may be granted by the Architectural Control Committee, provided that such waiver shall be only for the reasonable period of such construction. Such waiver may, but need not, be recorded or in recordable form. This First Amendment shall not prevent or limit the right of Grantor or other developers to whom it sells Lots to excavate and grade, to construct and alter drainage patterns and to maintain model homes and construction, sales and leasing offices and similar facilities, and to post signs incidental to construction, sales and leasing, all anywhere on the Property; provided, however, that no such activities shall be carried on in such a way as to create a health hazard or unreasonably interfere with the use and enjoyment by any Owner or his family of their residence. All utilities except lighting standards and customary service devices for access, control or use of utilities shall be installed underground, unless approved otherwise by the Master Architectural Committee.
3.03 Assignment by Grantor. Any other provision of this First Amendment to the contrary notwithstanding, Grantor may assign in whole or in part any of its privileges, exemptions, rights and duties under this First Amendment to any other person or entity and may permit the participation in whole or in part by any other person in any of its privileges, exemptions, rights and duties hereunder.
3.04 Reconstruction of Damaged or Destroyed Improvements. Any improvement within the Property which is damaged or destroyed, in whole or in part, by any cause whatsoever shall be repaired or reconstructed or all debris removed and the Lot restored to a sightly condition within six (6) months after the damage or destruction occurs. All reconstruction and exterior repair shall be approved by the Committee prior to commencement of repair or reconstruction. In the event the repair or reconstruction is not commenced or the Lot is not restored to a sightly condition within such six month period, the Association may remove debris and bring the Lot to a sightly condition and the owner of the Lot shall be liable to the Association for all of the costs thereof.
FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTION FOR COPPERFIELD
ARTICLE IV USE RESTRICTIONS
4.01 Single-Family Use Only. No Lot and no residence on any Lot shall be used for any purpose other than for one single-family residence, or, with proper zoning, a duplex family residence. However, nothing in this First Amendment shall prevent the rental of a Lot by the Owner thereof for residential purposes in accordance with Section 4.08 below, subject to all the provisions of this First Amendment, as the same may be amended from time to time. No commune, cooperative or similar type living arrangement shall be permitted on any Lot.
4.02 Animals. No animals shall be kept on any Lot except an aggregation of two (2) domesticated dogs or cats, and except domesticated birds and fish and other small domestic animals, and then only if kept as pets. All dogs shall be kept on a hand-held leash except when on their Owner's own Lot. No animal or other pet of any kind shall be permitted which might be dangerous or which makes an unreasonable amount of noise or odor or is a nuisance. No kennel or other facility for raising or boarding dogs or other animals for commercial purposes shall be kept on any Lot. No poultry may be kept on any Lot. No rare, exotic or unusual animals or other pets (except non-dangerous birds and fish) shall be kept on any Lot without the prior written approval of the Board of the Association. Each Owner shall be responsible for cleaning up after his pet and for all damage to the Lot of any other Owner or Association Property caused by any pet in the possession of such Owner.
4.03 Antennae. No aerial or antenna for reception of radio or television or other electronic signal, microwave, satellite dish, or similar device shall be maintained on the roof of any building nor shall any be maintained at any location on a Lot so as to be visible from adjacent streets. The location of any such device shall be approved by the Architectural Committee, which may require the Owner to place screening materials around such device. No towers of any type, including those for the purpose of generating electricity from wind, shall be erected or maintained on any Lot, without the prior written approval of the Committee.
4.04 Transmitters. No electronic, radio, microwave or similar transmitter or any kind, other than garage door openers, shall be located or operated in or on any improvement or on any Lot without the prior written approval of the Architectural Committee.
4.05 Garages. The doors of any garage located on a Lot shall be kept closed at all times except when an automobile is entering into or exiting from such garage or when any person is performing lawn maintenance work.
4.06 Garage Sales. No garage, patio, porch or lawn sale shall be held on any Lot, except that the Owner of any Lot may conduct such a sale if the items sold are only his own furniture and furnishings, not acquired for purpose of resale; if such sale is held at such time and in such manner as not to disturb any other resident of the area; and if such sale is held in full compliance with all applicable governmental ordinances, statutes, resolutions, rules and regulations.
4.07 Restrictions on Parking. Each Owner for himself, members of his family, his agents, guests, employees, invitees, licensees and lessees shall make every effort to park private vehicles in the garage or driveway located on said Owner's Lot and not on the streets. Any vehicle parked on a Lot shall be parked only within the garage or driveway constructed by the Grantor. The Board of the Association may from time to time adopt and enforce restrictions or prohibitions on parking in public ways within the Property. No stripped down, partially wrecked, unlicensed or junk motor vehicles, mobile home, recreational vehicles, trucks or trailers, or sizable parts thereof, may be parked on any public or private streets within the Property or on any part of a Lot, except that recreational vehicles may be so parked if fencing is erected to block its visibility from any adjoining street.
4.08 Restrictions on Access. Vehicular access to and from any Lot shall be limited to curb cuts and driveways installed by Grantor or approved by the Committee. The Owners of all Lots are hereby specifically denied vehicular and pedestrian access to and from their Lots from or to any other Lot or any other portion of the Property or public ways, unless specifically permitted otherwise by the Committee.
4.09 Association Enforcement Authority. The Association shall have the authority to enforce the restrictions on use of Lots within the Property set forth in this First Amendment.
4.10 Easements. Easements for the installation, repair, maintenance and replacement of utilities, television cables and drainage facilities over and across portions of the Lots are reserved as shown on the Plat. Within these easements, no improvements, plantings or other materials shall be placed or permitted to remain which may damage or interfere with the installation, repair, maintenance and replacement of any utilities or cables or which may change the direction of flow or obstruct or retard the flow of water through the drainage channels located in the easements or through drainage channels stemming from said easements. Notwithstanding the foregoing, all easement areas located on each Lot and all improvements constructed thereon shall be maintained continuously by the Owner of the Lot, except for those improvements for which a public authority or utility company is responsible.
4.11 Nuisance. The Owner of any Lot shall not suffer or permit any noxious or offensive activity to be conducted, carried on or practiced thereon or within any dwelling or accessory building constructed thereon or otherwise use or employ such Lot and improvements for any purpose that will constitute an annoyance to the neighborhood or a nuisance as provided by law, or that will detract from the residential value, reasonable enjoyment and quality of the Property.
4-12 Garbage and Refuse Disposal. No Lot shall be used or maintained as a dumping ground for rubbish, trash, garbage or other waste. All such items shall be kept in approved sanitary containers located on the Lot so long as they in no way interfere with the overall beauty and reasonable enjoyment of the other Lots located within the Property. No exterior incinerator shall be permitted on any Lot. All equipment for the lawful storage or disposal of garbage and refuse shall be kept in a clean and sanitary condition. No weeds shall be permitted to grow upon any Lot at a height in excess of six (6) inches or as provided by applicable law, whichever is lesser. Further, the Owners of each Lot located within the Property shall use reasonable efforts in order to maintain their Lots in conformance with this First Amendment, as well as in conformance with reasonable and accepted practices in order to maintain the overall beauty of the Property. Notwithstanding the foregoing to the contrary, during the construction of Dwellings on Lots, Grantor and other contractors engaged in construction upon the Property may store building materials upon the Property.
4.13 Commercial Usage. No business building, machine shop or other industrial or commercial structure or building devoted to commercial or public enterprises shall be erected or used on any Lot and no business which attracts any customers or clients to a Lot shall be conducted or carried on or be practiced upon any Lot or within any dwelling or accessory building constructed thereon, except that buildings used by Grantor, its successors, assigns or designees for use in developing and marketing the Property and Lots.
4.14 Permitted Roofing. Any and all roofing materials utilized for improvements within the Property shall be restricted to asphalt shingles, or such other materials as may be approved by the Committee.
4.15 Repairs of Motor Vehicles. No motor vehicles, campers, trailers, boats or recreational vehicles shall be rebuilt or repaired upon any Lot. Automobiles and pickup trucks may be repaired in the garage or in the driveway of each Lot and walls without being so enclosed, screened, covered or installed so long as the same have been approved by the Committee, and except that solar energy collectors or panels, if used, may be installed on the roof of any building or structure or in any exposed location, if harmoniously done and if approved by the Committee in its sole discretion.
4.16 Height Restriction. No improvement, building or appurtenance shall exceed the heights permitted by applicable ordinances, rules or regulations or 25 feet in height, measured from the front elevation thereof, whichever is less, unless approved otherwise by the Committee.
4.17 Fences. No fences shall be installed on any Lot by an Owner other than Grantor without the approval of the Committee. Any fencing which is visible from the street must be constructed of wooden materials. Any fencing installed by an Owner on any corner Lot must be set back fifteen feet from any sidewalk.
ARTICLE VI MISCELLANEOUS
6.03 Notices. Any notice permitted or required to be given by this First Amendment shall be in writing and may be delivered either personally or by mail. If delivery is made by mail, it shall be deemed to have been delivered on the third day (other than a Sunday or legal holiday) after a copy of the same has been deposited in the United States mail, postage prepaid, addressed to the person at the address given by such person to the Association for the purposes of service of notices, or to be residence of such person if no address has been given to the Association. Such address may be changed from time to time by notice in writing given by such person to the Association.
6.05 Enforcement and Nonwaiver.
A. Right of Enforcement. Except as otherwise provided herein, any Owner, at his own expense, Grantor, and the Board of the Association shall have the right to enforce all of the provisions of this First Amendment against any property within the Property and the Owners thereof. Such rights of enforcement shall include both damages for and injunctive relief against the breach of any such provision. The right of any Owner to so enforce such provisions shall be equally applicable without regard to whether the land (or other interest) of the Owner seeking such enforcement or the land (or other interest) whereon or with respect to which a violation of such provisions is alleged is initially set forth in Exhibit I or is hereafter subjected to this First Amendment pursuant to Section 2.02 above.
C. Violation of Law. Any violation of any federal, state or local law, ordinance or regulation pertaining to the ownership, occupancy or use of any property within the Property is hereby declared to be a violation of this First Amendment and subject to all of the enforcement procedures set forth herein.
ARTICLE X GENERAL PROVISIONS
Section 2 Enforcement. The Association, the Declarant (only so long as the Declarant owns any Lot or any interest in the Expansion of Property) or any Owner shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Association, the Declarant or any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. In addition to all other remedies, the Board of Directors shall have the right, after notice and an opportunity of hearing, to impose upon any Owner a fine not to exceed Fifty dollars ($50.00) per occurrence for any breach by that Owner of the provisions of this Declaration, the By-Laws and/or the Association's rules and regulations. All rights and remedies provided in this Declaration are distinct and cumulative to any other right or remedy hereunder or afforded by law or equity, and may be exercised concurrently, independently or successively.
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-DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS OF COPPERFIELD
ARTICLE IV COVENANT FOR ASSESSMENTS
Section 1 Creation Of The Obligation For Assessments. Each Owner, for each Lot owned within the Property, by acceptance of a deed therefore or interest therein, whether or not it shall be so expressed in such deed, shall be deemed to covenant and agree to pay to the Association, in the manner, amounts and times prescribed herein, all assessments, charges, fees, fines, and other sums which are described in this Declaration and which shall be both a personal obligation of the Owner and a lien against his Lot as provided herein. Each Owner shall be jointly and severally liable to the Association for the payment of all assessments, charges, fees and other sums attributable to them and/or their Lot. The personal obligation for delinquent assessments and sums shall not pass to an Owner's successors in title or interest. No Owner may waive or otherwise escape personal liability for the payment of the assessments, charges, fees and other sums provided for herein by nonuse of the Common Area or the facilities contained therein, by abandonment or leasing of his Lot, or by asserting any claims against the Association, the Declarant or any other person or entity.
Section 8b Special Assessments and Other Sums. Special assessments and other sums imposed hereunder shall be due and payable on the date specified by the Board in written notice to each Owner, but such date shall not be less than ten (10) days after such notice is sent. In the event that the Association incurs any expense or liability as a result of the willful, negligent or wrongful act of an Owner, his family, tenants or guests, or any breach by any of such parties of any of the provisions of this Declaration, the Association’s By-Laws or the Association's rules and regulations, and the same is not paid for by insurance, the cost thereof shall be deemed to be a special assessment against such Owner and his Lot and shall be enforceable as provided herein, except that such assessment shall not require any vote of the Members. Any other sum imposed by the Board as provided hereunder shall also be deemed a special assessment but shall not require a vote of the Members.
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COPPERFIELD HOMEOWNERS ASSOCIATION, INC. POLICIES, PROCEDURES, RULES & REGULATIONS
Apply to All Occupants and Owners, Dated September 28, 2006
Introduction. The Copperfield Homeowners Association (the "Association") complies with all federal, state and local laws. Each Owner of a home in the subdivision shall read and comply with the Declaration of Covenants, Conditions and Restrictions, the Articles of Incorporation, the Bylaws and these Policies, Procedures, Rules and Regulations ("the Association Documents") of the Association. The Association's Documents, and these Policies, Procedures, Rules and Regulations, shall include those matters required or allowed by the Colorado Common Interest Ownership Act. The Association’s Board of Directors ("the Board") shall have the power to enforce the Association Documents and to amend these Rules from time to time.
1. Association Management. The services of a management firm (the "Managing Agent") have been contracted to handle the day-to-day enforcement of these Policies, Procedures, Rules and Regulations (the "Rules"), as well as the Declaration and Bylaws. The Managing Agent is authorized to take those actions necessary to ensure the compliance of all residents with the standards of the complex.
2. Leasing of Homes. Any lease agreements between an Owner and a lessee shall provide that the terms of such lease shall be subject in all respects to the provisions of this Declaration, the Master Declaration and the Articles of Incorporation and Bylaws of the Master Association, and that any failure by the lessee to comply with the terms and provisions of such documents shall be default under the lease.
3. Architectural Approval Authority. All changes to the exterior must be reviewed by the Architectural Approval Authority. Owner must submit plans for the committee to review. The Board shall have sole and complete discretion in interpreting, enforcing and determining compliance with the architectural control provisions of the Association Documents and upholding the authority of the Architectural Approval Authority ("the Committee"), which may be the Board itself. The Board may determine in its sole discretion whether any applicant has met the procedural and other requirements of architectural review. Without prior written approval of the Committee, which in its sole discretion may impose conditions, restrictions or prohibitions:
a. No Owner shall change the exterior appearance of the home or landscaping on the Lot without prior written approval of the Committee
b. All accessory structures and improvements shall be compatible in color, style and architecture with the residence located on the lot and are subject to the approval of the Committee. This includes all storage sheds.
4. Parking
a. Each owner shall make every effort to park private vehicles in the garage or driveway.
b. All vehicles must meet local noise and safety requirements, and automobiles or motorcycles without mufflers in good working order are prohibited
c. Except for the sole purpose of loading or unloading, no recreational vehicles (up to 48 hours), boats, campers, trailers, junk or inoperative vehicles, as determined in the sole discretion of the Board, shall be parked in any driveway, on any Lot, on any private street or elsewhere within the subdivision.
d. No mechanical work whatsoever will be performed on vehicles, except in a closed garage
e. Garage doors shall be closed at all times except when used for ingress or egress
f. "Junk vehicles" are prohibited. A junk vehicle shall mean a vehicle which appears in the discretion of the Board to be in need of repainting or substantial repairs or lacks a current license plate or appears to be inoperable and damaged.
g. Notwithstanding the foregoing, emergency motor vehicles are permitted in the unit owner's driveway and guest parking spaces if the emergency motor vehicle meets each of the following requirements:
i. the emergency motor vehicle is required by the unit owner's employer as a condition of employment;
ii. the emergency motor vehicle weighs ten thousand pounds or less
iii. the unit owner is a member of a volunteer fire department or is employed by an emergency service provider;
iv. the emergency motor vehicle has some visible emblem or marking designating it as an emergency vehicle; and
v. the parked emergency motor vehicle does not block emergency access or prevent other unit owners from using the streets.
For the purpose of this rule, an "emergency service provider" is defined as a primary provider of emergency fire fighting, law enforcement, ambulance, emergency medical, or other emergency services. The parking of an emergency service vehicle shall not obstruct emergency access or interfere with any reasonable need of other unit owners to use the streets or driveways within the Association, including without limitation extending into such streets, driveways, extending into other parking spaces or to denying other owners use of parking spaces or guest parking.
h. Any vehicles which are parked illegally or in violation of these Rules or the Association Documents may be towed, removed or disabled by the Association, and any expenses therefore shall be paid by the offending party.
5. Pets
a. No animals shall be kept on any lot except an aggregate of two domesticated dogs or cats, and except domesticated birds and fish and other small domestic animals, and then only if kept as pets. All dogs shall be kept on a hand-held leash except when on their Owner's lot. No animal or other pet of any kind shall be permitted which might be dangerous or which makes an unreasonable amount of noise or odor or is a nuisance. No kennel or other facility for raising or boarding dogs or other animals for commercial purposes shall be kept on any lot. No poultry may be kept on any lot. No rare or exotic or unusual animals or other pets shall be kept on any Lot without prior written approval of the Board of the Association. Each Owner shall be responsible for cleaning up after his pet and for all damage to the lot of any other owner or Association Property caused by any pet in the possession of such owner.
6. Soliciting. Soliciting, whether commercial, political, religious, or otherwise is strictly forbidden within the subdivision. To the fullest extent allowed by law, any such solicitors shall be trespassers and subject to civil and criminal penalties.
7. No Nuisances
a. No activities shall be conducted on the property which are or might be unsafe or hazardous to any person or property. Owners and/or occupants shall not create any situation wherein their actions or conduct, as determined by the managing agent or the Board, represents a nuisance or disturbance to other residents. This includes but is not limited to noise, loud music, late-night parties, offensive cooking odors, annoying lights, etc.
b. No Owner shall allow noise by radios, televisions, parties or otherwise to annoy other Owners.
c. No Owner or occupant shall discharge any firearms in the subdivision.
8. Signs and Displays.
a. Notwithstanding the foregoing, the following types of signs/displays are permitted under the following conditions:
i. American Flags. The American flag or the Colorado State flag may be displayed on an owner's property on one flag holder attached to the building exterior. Owners are responsible for repairing any damage caused by installation of a flag holder. The flag must be displayed in a manner consistent with Federal and State Flag Codes. The flag may not be any larger than 48 inches by 72 inches.
ii. Service Flags. A Service flag bearing a star denoting the service of an owner or a member of an owner's immediate family in the active or reserve military service of the United States during the war or armed conflict may be displayed on the inside of a window or door of the unit owners home. The Service flag may not exceed 36 inches by 48 inches.
iii. Political Signs. Except to the extent restricted by city, town, or county ordinance, an Owner may have no more than two political signs, as defined by the statute, to be located on the property Owner's property, for a political office or ballot issue that is in a pending election, with a maximum dimension of 18 inches by 24 inches, displayed no earlier than forty-five (45) days before an election day and no later than seven (7) days after an election day.
9. Trash Collection and Removal. No garbage, refuse, rubbish or cuttings shall be deposited on any street or on any Lots unless placed in the container provided by the Association. All trash and refuse containers will be kept inside the home or adequately screened from view except on trash collection days.
10. Sidewalks and Common Areas
a. Each Owner and the Owner's family, guests, contractors and invitees may use the Common Area, including the sidewalks, for the purposes intended, subject to these Rules and the Directions of the Board.
b. Each Owner is responsible to remove the snow of the sidewalks of their lot with in 24 hours.
11. Assessments.
a. Delinquent Assessments. Assessments shall be collected as provided in the Association Documents. Payments are due on the first (1st) of January each year and are delinquent if not received by the Association or its manager by the thirtieth (30th) of January. Any payment which is not received by that date will be charged a late fee of $10.00 per delinquent monthly assessment, fine, or charge, and shall be owed by the Owner for each month such assessment is not paid. In addition, the Association may charge an interest on accounts delinquent for more than 30 days of eighteen percent (18%) per annum and shall be entitled to collect reasonable attorney's fees, court costs, and all other expenses of collection on any delinquent payment. Owners are responsible for making arrangements for the delivery of all payments whether by mail or direct deposits. The Association will impose an administrative fee for all returned checks.
b. The Association may collect a fee of seventy-five ($75.00) dollars for the preparation of any certificate regarding assessments.
c. Payment Priority. All payments shall be applied to outstanding balances in the following order of priority: (a) late charges, (b) interest, (c) attorney fees and costs, (d) returned check charges, (e) unpaid assessments beginning with the oldest unpaid assessment.
d. Failure to Pay Assessments.
i. Pursuant to the Association Documents, the Association may proceed by filing litigation against any Owner who has not paid his assessment and without affecting that remedy may also file a lien against the delinquent property, which may be foreclosed as provided in the Association documents. All attorneys’ fees, costs, and other expenses of such collection activity will be the responsibility of the Owner. The homeowner or individual responsible for paying the assessment will be notified in writing each month the assessment remains delinquent of the status of the account and the addition of late fees as appropriate.
ii. When the amount past due equals more than one quarter's assessment the homeowner or individual responsible for paying the assessment will be notified by Certified Mail of the status of the delinquent account and the Association's intent to file a lien on the property if there is no payment on the debt or response to the certified letter within 15 days. After the 15 day period has expired, the Association will transfer the delinquent account to the attorney for a collection demand letter and/or an immediate filing of a lien on the property.
iii. The Association may charge for any notices sent to the Owners in connection with such delinquent assessments, but the Owners are responsible for ensuring that their payments are timely and fully made. Owners must notify the Association immediately of any change in mailing address or status.
iv. The Association may also deny rights to use common facilities, voting rights, or other rights in the Association until all assessments and other sums are paid in full. Any release of liens, restoration of voting or other rights, or termination of litigation shall require the payment in full of all assessments and other sums, including sums which arise after the collection process or after the Owner delivers a payment to the Association. The Association or Managing Agent shall not be liable for any errors or omissions in any payment statement to the Owner.
v. The Association's Board of Directors may invite a delinquent Owner to attend a Special Executive Session of the Board to explain any reason for the delinquent payment of assessments, fines or other sums levied by the Association. The Board, after such meeting, may decide in the Executive Session due to the possibility of litigation, what action may be taken by the Association whether entry into payment arrangements or proceeding to litigation and/or foreclosure of liens
12. Owner Maintenance
a. Each lot at all times shall be kept in a clean, sightly and wholesome condition. No trash, litter, junk, boxes, containers, bottles, cans, implements, machinery, lumber or building materials shall be permitted to remain exposed upon any Lot so that same are visible from any neighboring lot or street, except as necessary during the period of construction.
13. Rules Enforcement and Fines
The following procedures shall apply to any alleged violation ("violation") of the Association's Declaration, Articles of Incorporation, Bylaws and Policies, Procedures, Rules and Regulations, except and excluding non-payment of assessments or other sums.
a. Notice.
i. First Notice of a violation will be in writing from the Board of Directors ("the Board") or managing agent. The written notice will be sent to the homeowner to include details of the violation, reference as appropriate to the section of the governing document violated, and may include recommendations to correct the problem.
ii. The Second Notice for the same or similar violation is sent in writing by both certified, return receipt requested mail and regular mail. This notice contains the exact section of the governing documents in violation. This notice is a notice of hearing.
b. Notice of Hearing. If the Board decides that cause has been shown for a hearing, the Board, or its officers or agents, shall then send a written notice (the "Notice"), by regular mail and certified mail, return receipt requested, to the owner, and a copy may be sent to the alleged violator (if known) such as a tenant, contractor, guest or family member of the owner. The Notice shall indicate the time and place of the hearing, and any other information regarding violation which the Board deems appropriate in its discretion. The Notice shall be deemed received by the owner three (3) days after mailing. The Notice may be sent to the unit if the owner has failed to register a current mailing address. The Notice may also be sent to the complaining party.
c. Hearing.
i. Hearings shall be held in executive session because they may involve privacy and/or possible litigation issues. The Board may exclude any person other than the owner or alleged violator and witnesses, when testifying
ii. At the hearing, the Board may consider any written or oral information produced by the owner, the alleged violator or other interested party. Any legal or statutory rule of evidence or procedure shall not apply to the hearing, and the Board may restrict testimony or proceed in any manner or order which it deems appropriate in its discretion. Generally, any relevant evidence may be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions. Hearsay evidence shall be sufficient in itself to support a finding. The Board may tape record or otherwise transcribe the hearing. The Board may proceed with the hearing even if the owner fails to appear or refuses to participate or to submit information. The owner may be represented by legal counsel so long as said owner gives the Board at least five (5) days prior written notice, in which case the Board's attorney may be present as well. Any participant may question any witnesses and examine any documents presented at the hearing. After hearing any information, witnesses, or documents presented at the hearing, the Board's decision shall be made by majority vote of the Board members present and a brief summary of the decision and the sanction, if any, should be sent by regular mail to the owner and, if necessary, to the alleged violator.
d. Extent of Violations. Each incident or each day of a continuing violation shall be considered a separate violation for which any maximum fine may be imposed. For example, each day during which a pet or a sign is permitted to remain is a separate violation. The Board may in its discretion impose increased fines for repeated or intentional violations.
e. Parties to Violations. Owners shall be responsible for violations committed by their contractors, guests, family members, and tenants, for example, pets kept by tenants or signs placed by real estate agents. The Board may proceed against both the owner and the alleged violator, simultaneously or separately, and actions against one shall not bar action against the other. The Board may contact the police, any regulatory or licensing authorities or other third parties regarding the alleged violation, but any action or decision by those parties shall not bar the Board from proceeding.
f. Fines.
i. All fines will be $30.00 per occurrence
ii. Any fine shall be both a personal obligation of the owner or the violator or both and shall also be an assessment creating a lien which may be recorded against the unit and may be foreclosed as provided in the Declaration. The Board may notify any lender and credit agency of such obligation and lien. Additionally, the Board may bring legal action to enforce the violated provision and to recover the fine.
iii. Any violation shall entitle the Board to recover from the owner or violator or both, its reasonable attorneys fees, court costs, interest, and any other collection expenses, regardless of whether litigation is instituted or is successfully concluded. The Board may seek to recover such fees and costs by all legal remedies, including without limitation, charging such fees and costs to the owner's account with the Association.
iv. The Board, in its discretion, may waive fines, attorney fees, court costs, interest and other collection expenses.
g. Substantial Compliance. Technical irregularities or defects in the complaint, Notice or other compliance with this Rule shall not invalidate the proceedings or any fine or sanction imposed. This Rule shall be liberally construed to accomplish prompt, effective enforcement of the Association's Declaration, Articles of Incorporation, Bylaws and Rules.
14. Insurance.
a. The Association carries a general liability policy on the common area and general Association insurance.
b. In order to assist in keeping the Association's insurance premiums down, it is requested that all Owners contact the Association - either its manager or Board members - prior to filing any claim on the Association’s insurance policy.
15. Reserve Fund. The Association's Reserve Fund shall be invested as required by the Association Documents and Colorado laws and statutes. Such investments shall be based upon the reasonable business judgment of the Board of Directors with the advice of the Association's Managing Agent and any investment advisor.
16. Meetings.
a. Conducting Meetings.
i. Association meetings shall be conducted in accordance with the Association Documents, especially the Association Bylaws, and in accordance with the Colorado Common Interest Ownership Act and the Colorado Revised Nonprofit Corporation Act. In addition, all meetings shall be conducted in accordance with the most recent version of Robert's Rules of Order.
ii. At all meetings, Members are expected to maintain proper behavior and decorum, which requires that Members shall: Be respectful to others present and to the meeting process, refrain from name-calling, use of foul language, and other aggressive behavior, differentiate statements of opinion from statements of fact; and speak only when acknowledged by the Chair.
iii. If a member fails to observe the above standard, demonstrating inappropriate behavior which negatively impacts the Association's meeting(s), the Chair shall issue one warning to the Member. If inappropriate behavior continues, the Member may be asked to remove him or herself from the meeting. If the Member refuses to comply, the meeting may be adjourned at that time, even though there are agenda items not yet heard, or the Chair may take other action, at the sole discretion of the Chair, including request for police assistance.
b. Owner Participation at Board Meetings
i. All meetings of the Board of Directors, except the Executive Session, are open to attendance by any Owner or any person designated in writing by that Owner as the Owner's Representative
ii. All Owners or designated representatives so desiring shall be permitted to attend, listen, and speak at an appropriate time during the deliberations and proceedings of the Board. The Board shall designate an appropriate time at the beginning of the meeting for all Owners or their representatives to speak on any matter shown on the agenda, but such period shall be assigned 5 minutes and shall not exceed a total of 20 minutes. Owners who wish to discuss a certain issue, complaint, or request shall submit such in writing at least five days prior to the Board meeting. A reasonable number of persons may speak on each side of any issue. All or any Owners or designated representatives wishing to speak shall sign a sheet with the Secretary prior to the meeting and the Board's President shall allocate the time permitted among the various Owners or designated representatives who wish to speak. After the designated time, Owners who are not board members shall not participate in any deliberation or discussion of the Board unless expressly authorized by a vote of a majority of a quorum of the Board so present.
c. Owner Participation at Annual and Special Meetings of Owners
i. Any Owner or designated representative of Owner may speak at the designated time in the agenda upon any issue requiring a vote of the Owners.
ii. The total length of any time for Owners or designated representatives speaking on a single issue of any meeting of the Owners shall not exceed the time set forth by the president at the beginning, usually 5 minutes, but not exceeding a time limit of 20 minutes per issue raised, and the President shall pro-rate that time among the various Owners who speak on the issue
iii. All issues, complaints, and requests shall be submitted to the Board in writing five days prior to the annual meeting.
d. Notice of Meetings.
i. Board Meetings: Notice of Board Meetings shall be given in accordance with the Association Documents.
ii. Homeowners Meetings: Notice of Homeowners Meetings shall also be given in accordance with the Associatio0n Documents, but in addition, notice of such may be given by electronic posting or electronic mail notices pursuant to CRS - 38-33.3-308.
e. Executive Session. The Association's Board may meet in executive closed sessions to discuss matters pertaining to employees, the managing agent's contract, consultation with legal counsel, investigative proceedings concerning possible or actual criminal misconduct, matters which are subject to specific constitution and statutory or judicially imposed requirements protecting the proceedings, any matter of disclosure which would constitute an unwarranted invasion of individual privacy, and a review and/or discussion relating to any written or oral communication from legal counsel. The Association Board Members and other members shall preserve attorney-client privilege regarding consultation and communications from legal counsel.
f. Election Procedure. The Association Secretary or the Managing Agent shall be in charge of providing secret ballots which protect the voters' privacy but also provide for the security of the election. Either the Association Secretary, or the Managing Agent, or both, shall constitute a neutral third party to count the ballots.
17. Conflicts of Interest.
a. The Board of Directors shall comply with all of Colorado's statutory provisions against conflict of interest as found in the Colorado Revised Nonprofit Corporation Act and the Colorado Common Interest Ownership Act. A "conflict of interest" is defined by the Colorado statutes, but generally means any action of the Board (except actions related to the Declarant by Board members appointed by the Declarant) which would provide direct, individual financial benefit to the Board member (and his or her relatives), as opposed to a general benefit to the Board member as a homeowner. Examples of conflicts of interest include matters which affect only a Board member's unit or contracts with a Board member.
b. Each Board member is obligated by law to disclose, in an open Board meeting, any existing conflict of interest prior to any discussion or action on that issue, and the Board member shall not vote on such
c. Board members appointed by the Declarant shall not be deemed to have any conflict of interest by voting on matters which may affect the Declarant, its property, or business, whether directly or indirectly.
d. The above notwithstanding, at any Board meeting, a Board member with a conflict of interest may be counted "present" for the purpose of determining whether a quorum exists.
e. Any Board member who violates this rule, or any other Association Document, may be removed from the Board by the other members of the Board.
f. The Association may require that all Board members sign a copy of this rule to acknowledge that they have read and understand it and will comply fully with it.
18. Records.
a. Member Rights.
i. Members of the Association are entitled to have made available to them copies of all governing documents of this Association (the "Association Documents"), including Declaration of Covenants, Conditions, Restrictions of the Association (the "Declaration"), Articles of Incorporation, Bylaws; and Policies, Procedures, Rules and Regulations
ii. Sellers within the Association are required by State law to provide copies of certain Association Documents to their buyers and obtain a written acknowledgment. Each owner/member is responsible for knowing the information in the Association Documents and for abiding with the standards for this Association, as set forth in the Association Documents.
b. Association Records Library. The following information should be available at the Management Office during standard business hours upon appointment for members to review. This information should be compiled in a "library binder," including the following details: the date of the Associations' fiscal year, the Association's operating budget for the current fiscal year, a list (organized by unit type) of the Association's current regular and special assessments, the Association’s annual financial statements, the results of any financial audit or review for the fiscal year preceding the current disclosure, a list of all Association insurance policies, the Association’s Bylaws, Articles of Incorporation, and Policies, Procedures, Rules and Regulations, the Board meeting and Member meeting minutes for the fiscal year immediately prior to current annual disclosures, the Association’s responsible governance policies adopted under Section 38-33.3-209.5 concerning the collection of unpaid assessments, handling of conflicts of interest involving Board members, conduct of meetings, Enforcement of covenants and rules, inspection and copying of Association records by unit owners, investment of reserve funds, and procedures for the adoption and amendment of policies procedures, rules and regulations. The Management Company should update the library binder periodically.
c. Examination of Records.
i. Members have the right to examine certain records of the Association. The Association has compiled certain documentation which will provide a Member with a wide variety of Association information. It is the obligation of every Member to hold this information in appropriate confidentiality so that information is not released to other parties.
ii. Requests by Members to inspect documents must be made in good faith, for a proper purpose, and describe with reasonable detail what records are needed and why. Requested documents must also be relevant to the unit owner’s stated purpose for the request. To be deemed “relevant,” the requested documents must directly pertain to the unit owner’s purpose. Members shall not exercise their inspection or copying rights in order to harass any other Member or the Management Company, nor for any commercial, illegal or improper purposes.
iii. Notwithstanding the foregoing, certain information has been deemed “not available” to the general membership for review or reproduction. This information includes files pertaining specifically to other units, delinquent account information, unless requested by the owner responsible for said account, attorney-client communications, information involving pending or anticipated litigation or contract negotiations, information involving the employment, promotion, or dismissal of Association employees or other personnel, and other privileged information.
d. The Association shall not be liable for the disclosure or copying of any materials which are required to be provided by statute or judicial proceeding. The Association does not warrant or represent the accuracy, completeness, or any other matter in the materials provided.
e. Process for Requesting Examination and/or Copies of Records
i. Members who desire to examine and/or have copies made of Association records must make an appointment with the Management Company and submit the Document Request Form, (see Attachment I). Reasonable effort will be made to accommodate the Member within a reasonable period of time. When the appointment is made, the Owner will be asked to designate the amount of time they want to reserve the library.
ii. Members shall not remove any document from the Association’s records, nor shall they remove records from the Association’s place of business. Certain records may be copied, at the Member’s expense. The Association’s Management Company, on behalf of the Association, will make the copies. The Member requesting the copies shall reimburse the Association for the actual cost of copying, which may include labor and materials for copying, research, locating and retrieval
iii. During an inspection, the Member may designate such records for copying by use of tab, clip, or Post-It note upon the pages desired.
iv. Copies should be available within ten (10) working days of receipt of the request, unless the condition or voluminous nature of the records makes this time frame impractical. In such cases, the copies should be made available as soon as is practical.
v. Depending on the number of pages requested, the Management Company may request that the Member return at a later date to pick up the requested copies, in order to allow personnel to set aside time to reproduce the documentation requested.
vi. Maintaining Association information is an important duty of the Association. Therefore, in order to ensure that records are not tampered with, removed, or destroyed, a staff member of the Management Company may remain present to observe Members while they examine Association records and the Association may charge for any labor of such staff member.
vii. All persons inspecting or requesting copies of records shall conduct themselves in a businesslike manner and shall not interfere with the operation of the Association’s office where the inspection or copying is taking place.
f. Seller Requirements.
i. Colorado law requires that the seller of a unit in a common interest community MUST mail or deliver personally to the buyer copies of the most current version of the following records at seller’s own expense; Association Bylaws and Rules, Declaration and/or covenants, any party wall agreements, minutes of the most recent annual owners’ meeting and any board meetings that occurred within the six months immediately preceding the title deadline, Operation budget of the Association, Association’s annual income and expenditures statement, and annual balance sheet of the Association.
ii. To request written copies of the above records, the seller or the seller’s agent must follow the rules and procedures listed under Section f. above, and pay for the actual cost of the copying. If records are available on a website, the seller or seller’s agent should use that website to obtain the documents.
iii. Furthermore, the seller has the responsibility to obtain from the buyer a signed acknowledgement of receipt of the required information and disclosure statement. The seller is then responsible for delivering the signed acknowledgement to the Association as soon as possible after it is acquired. The Association uses reasonable efforts to provide copies, but shall have no liability for the information provided, nor for compliance with any deadlines or other contractual requirements.
g. Enforcement of Inspection and Copying Rule
i. Any violation of these rules shall cause the immediate suspension of the inspection or copying until the violator agrees in writing to comply herewith, as well as other remedies such as fines. The Association’s Board or its representatives may take any available legal action to enforce this Rule.
ii. The Association will not honor any requests for inspection or copying that do not comply with this Rule, but the Association shall send a written notice to the person who made the request indicating the nature of any noncompliance. Any Association representative who receives an oral request for inspection or copying shall refer the person making the request to this policy, and the Association or its representatives will have no further obligation to respond until it receives a written request.
iii. The Association’s Board shall be entitled to resolve any dispute regarding the Association’s records based upon the Board’s reasonable business judgment.
19. Guests, Family Members, and Tenants. Each Owner shall be liable for any violations or damage done by that Owner’s guests, tenants, contractors, invitees, or family members, and each Owner shall be subject to fine for any violation of the Association Documents by those persons. Each Owner shall make such persons fully aware of the Association Documents and their requirements and shall incorporate the same into any leases and agreements.
20. These Rules may be changed or added to by the Board of Directors of the Copperfield Home Owners Association, Inc.
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FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTION FOR COPPERFIELD
ARTICLE III GENERAL RESTRICTIONS
All real property within the property shall be owned, held, conveyed, encumbered, leased, used, occupied and enjoyed subject to the following limitation and restrictions:
3.01 Architectural Control Committee Approval. The size of dwelling units to be located upon Lots and all plans and specifications, including but limited to the size, height, location, design, exterior colors and materials, of all improvements, drives, walks, fences, grading and landscaping must be approved in writing by the Architectural Control Committee prior to commencement of any construction other than construction to be performed by the Grantor. Any plans and specifications submitted to the Architectural Control Committee shall be deemed approved unless a disapproval in writing is mailed to the applicant within thirty days after the date of submission.
3.02 New Construction. All dwelling units shall be of new construction and no existing or prefabricated dwelling unit shall be moved onto any Lot. No other building or structure (including but not limited to playhouse, storage sheds and windmills) may be moved onto a Lot without prior written approval of the Master Architectural Committee. No building materials shall be stored on any Lot except temporarily during continuous construction of an improvement or its repair, alteration or replacement. A structure shall not be occupied in the course of original construction until all required certificates of occupancy have been issued by the appropriate governmental authorities. All work of construction shall be prosecuted diligently and continuously from the time of commencement until fully completed. No trailer, mobile home, tent or shack or other temporary building, improvement or structure shall be placed upon any part of the Property, except that temporary structures necessary for storage of tools and equipment and for office space for architects, engineers, salesmen, builders, foremen and similar persons during actual construction may be maintained with the prior approval of the Architectural Control Committee, such approval to include nature, size, location and maximum duration of such structure. This First Amendment shall not be construed so as to unreasonably interfere with or prevent normal construction activities during the construction of improvements by any Owner, including the Grantor, provided that when completed such improvements shall in all ways conform to this First Amendment and the Declaration. Specifically, no such construction activities shall be deemed to constitute a nuisance or violation of this First Amendment by reason of noise, dust, presence of vehicles or construction machinery, posting of signs or similar activities, provided that such construction is pursued to completion with reasonable diligence, is in compliance with applicable federal, state and local laws and ordinances and any rules and regulations adopted pursuant thereto, and conforms to usual construction practices in the area. In the event of any dispute, a temporary waiver of the applicable provision, including but not limited to any provision prohibiting temporary structure, may be granted by the Architectural Control Committee, provided that such waiver shall be only for the reasonable period of such construction. Such waiver may, but need not, be recorded or in recordable form. This First Amendment shall not prevent or limit the right of Grantor or other developers to whom it sells Lots to excavate and grade, to construct and alter drainage patterns and to maintain model homes and construction, sales and leasing offices and similar facilities, and to post signs incidental to construction, sales and leasing, all anywhere on the Property; provided, however, that no such activities shall be carried on in such a way as to create a health hazard or unreasonably interfere with the use and enjoyment by any Owner or his family of their residence. All utilities except lighting standards and customary service devices for access, control or use of utilities shall be installed underground, unless approved otherwise by the Master Architectural Committee.
3.03 Assignment by Grantor. Any other provision of this First Amendment to the contrary notwithstanding, Grantor may assign in whole or in part any of its privileges, exemptions, rights and duties under this First Amendment to any other person or entity and may permit the participation in whole or in part by any other person in any of its privileges, exemptions, rights and duties hereunder.
3.04 Reconstruction of Damaged or Destroyed Improvements. Any improvement within the Property which is damaged or destroyed, in whole or in part, by any cause whatsoever shall be repaired or reconstructed or all debris removed and the Lot restored to a sightly condition within six (6) months after the damage or destruction occurs. All reconstruction and exterior repair shall be approved by the Committee prior to commencement of repair or reconstruction. In the event the repair or reconstruction is not commenced or the Lot is not restored to a sightly condition within such six month period, the Association may remove debris and bring the Lot to a sightly condition and the owner of the Lot shall be liable to the Association for all of the costs thereof.
FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTION FOR COPPERFIELD
ARTICLE IV USE RESTRICTIONS
4.01 Single-Family Use Only. No Lot and no residence on any Lot shall be used for any purpose other than for one single-family residence, or, with proper zoning, a duplex family residence. However, nothing in this First Amendment shall prevent the rental of a Lot by the Owner thereof for residential purposes in accordance with Section 4.08 below, subject to all the provisions of this First Amendment, as the same may be amended from time to time. No commune, cooperative or similar type living arrangement shall be permitted on any Lot.
4.02 Animals. No animals shall be kept on any Lot except an aggregation of two (2) domesticated dogs or cats, and except domesticated birds and fish and other small domestic animals, and then only if kept as pets. All dogs shall be kept on a hand-held leash except when on their Owner's own Lot. No animal or other pet of any kind shall be permitted which might be dangerous or which makes an unreasonable amount of noise or odor or is a nuisance. No kennel or other facility for raising or boarding dogs or other animals for commercial purposes shall be kept on any Lot. No poultry may be kept on any Lot. No rare, exotic or unusual animals or other pets (except non-dangerous birds and fish) shall be kept on any Lot without the prior written approval of the Board of the Association. Each Owner shall be responsible for cleaning up after his pet and for all damage to the Lot of any other Owner or Association Property caused by any pet in the possession of such Owner.
4.03 Antennae. No aerial or antenna for reception of radio or television or other electronic signal, microwave, satellite dish, or similar device shall be maintained on the roof of any building nor shall any be maintained at any location on a Lot so as to be visible from adjacent streets. The location of any such device shall be approved by the Architectural Committee, which may require the Owner to place screening materials around such device. No towers of any type, including those for the purpose of generating electricity from wind, shall be erected or maintained on any Lot, without the prior written approval of the Committee.
4.04 Transmitters. No electronic, radio, microwave or similar transmitter or any kind, other than garage door openers, shall be located or operated in or on any improvement or on any Lot without the prior written approval of the Architectural Committee.
4.05 Garages. The doors of any garage located on a Lot shall be kept closed at all times except when an automobile is entering into or exiting from such garage or when any person is performing lawn maintenance work.
4.06 Garage Sales. No garage, patio, porch or lawn sale shall be held on any Lot, except that the Owner of any Lot may conduct such a sale if the items sold are only his own furniture and furnishings, not acquired for purpose of resale; if such sale is held at such time and in such manner as not to disturb any other resident of the area; and if such sale is held in full compliance with all applicable governmental ordinances, statutes, resolutions, rules and regulations.
4.07 Restrictions on Parking. Each Owner for himself, members of his family, his agents, guests, employees, invitees, licensees and lessees shall make every effort to park private vehicles in the garage or driveway located on said Owner's Lot and not on the streets. Any vehicle parked on a Lot shall be parked only within the garage or driveway constructed by the Grantor. The Board of the Association may from time to time adopt and enforce restrictions or prohibitions on parking in public ways within the Property. No stripped down, partially wrecked, unlicensed or junk motor vehicles, mobile home, recreational vehicles, trucks or trailers, or sizable parts thereof, may be parked on any public or private streets within the Property or on any part of a Lot, except that recreational vehicles may be so parked if fencing is erected to block its visibility from any adjoining street.
4.08 Restrictions on Access. Vehicular access to and from any Lot shall be limited to curb cuts and driveways installed by Grantor or approved by the Committee. The Owners of all Lots are hereby specifically denied vehicular and pedestrian access to and from their Lots from or to any other Lot or any other portion of the Property or public ways, unless specifically permitted otherwise by the Committee.
4.09 Association Enforcement Authority. The Association shall have the authority to enforce the restrictions on use of Lots within the Property set forth in this First Amendment.
4.10 Easements. Easements for the installation, repair, maintenance and replacement of utilities, television cables and drainage facilities over and across portions of the Lots are reserved as shown on the Plat. Within these easements, no improvements, plantings or other materials shall be placed or permitted to remain which may damage or interfere with the installation, repair, maintenance and replacement of any utilities or cables or which may change the direction of flow or obstruct or retard the flow of water through the drainage channels located in the easements or through drainage channels stemming from said easements. Notwithstanding the foregoing, all easement areas located on each Lot and all improvements constructed thereon shall be maintained continuously by the Owner of the Lot, except for those improvements for which a public authority or utility company is responsible.
4.11 Nuisance. The Owner of any Lot shall not suffer or permit any noxious or offensive activity to be conducted, carried on or practiced thereon or within any dwelling or accessory building constructed thereon or otherwise use or employ such Lot and improvements for any purpose that will constitute an annoyance to the neighborhood or a nuisance as provided by law, or that will detract from the residential value, reasonable enjoyment and quality of the Property.
4-12 Garbage and Refuse Disposal. No Lot shall be used or maintained as a dumping ground for rubbish, trash, garbage or other waste. All such items shall be kept in approved sanitary containers located on the Lot so long as they in no way interfere with the overall beauty and reasonable enjoyment of the other Lots located within the Property. No exterior incinerator shall be permitted on any Lot. All equipment for the lawful storage or disposal of garbage and refuse shall be kept in a clean and sanitary condition. No weeds shall be permitted to grow upon any Lot at a height in excess of six (6) inches or as provided by applicable law, whichever is lesser. Further, the Owners of each Lot located within the Property shall use reasonable efforts in order to maintain their Lots in conformance with this First Amendment, as well as in conformance with reasonable and accepted practices in order to maintain the overall beauty of the Property. Notwithstanding the foregoing to the contrary, during the construction of Dwellings on Lots, Grantor and other contractors engaged in construction upon the Property may store building materials upon the Property.
4.13 Commercial Usage. No business building, machine shop or other industrial or commercial structure or building devoted to commercial or public enterprises shall be erected or used on any Lot and no business which attracts any customers or clients to a Lot shall be conducted or carried on or be practiced upon any Lot or within any dwelling or accessory building constructed thereon, except that buildings used by Grantor, its successors, assigns or designees for use in developing and marketing the Property and Lots.
4.14 Permitted Roofing. Any and all roofing materials utilized for improvements within the Property shall be restricted to asphalt shingles, or such other materials as may be approved by the Committee.
4.15 Repairs of Motor Vehicles. No motor vehicles, campers, trailers, boats or recreational vehicles shall be rebuilt or repaired upon any Lot. Automobiles and pickup trucks may be repaired in the garage or in the driveway of each Lot and walls without being so enclosed, screened, covered or installed so long as the same have been approved by the Committee, and except that solar energy collectors or panels, if used, may be installed on the roof of any building or structure or in any exposed location, if harmoniously done and if approved by the Committee in its sole discretion.
4.16 Height Restriction. No improvement, building or appurtenance shall exceed the heights permitted by applicable ordinances, rules or regulations or 25 feet in height, measured from the front elevation thereof, whichever is less, unless approved otherwise by the Committee.
4.17 Fences. No fences shall be installed on any Lot by an Owner other than Grantor without the approval of the Committee. Any fencing which is visible from the street must be constructed of wooden materials. Any fencing installed by an Owner on any corner Lot must be set back fifteen feet from any sidewalk.
ARTICLE VI MISCELLANEOUS
6.03 Notices. Any notice permitted or required to be given by this First Amendment shall be in writing and may be delivered either personally or by mail. If delivery is made by mail, it shall be deemed to have been delivered on the third day (other than a Sunday or legal holiday) after a copy of the same has been deposited in the United States mail, postage prepaid, addressed to the person at the address given by such person to the Association for the purposes of service of notices, or to be residence of such person if no address has been given to the Association. Such address may be changed from time to time by notice in writing given by such person to the Association.
6.05 Enforcement and Nonwaiver.
A. Right of Enforcement. Except as otherwise provided herein, any Owner, at his own expense, Grantor, and the Board of the Association shall have the right to enforce all of the provisions of this First Amendment against any property within the Property and the Owners thereof. Such rights of enforcement shall include both damages for and injunctive relief against the breach of any such provision. The right of any Owner to so enforce such provisions shall be equally applicable without regard to whether the land (or other interest) of the Owner seeking such enforcement or the land (or other interest) whereon or with respect to which a violation of such provisions is alleged is initially set forth in Exhibit I or is hereafter subjected to this First Amendment pursuant to Section 2.02 above.
C. Violation of Law. Any violation of any federal, state or local law, ordinance or regulation pertaining to the ownership, occupancy or use of any property within the Property is hereby declared to be a violation of this First Amendment and subject to all of the enforcement procedures set forth herein.
ARTICLE X GENERAL PROVISIONS
Section 2 Enforcement. The Association, the Declarant (only so long as the Declarant owns any Lot or any interest in the Expansion of Property) or any Owner shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Association, the Declarant or any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. In addition to all other remedies, the Board of Directors shall have the right, after notice and an opportunity of hearing, to impose upon any Owner a fine not to exceed Fifty dollars ($50.00) per occurrence for any breach by that Owner of the provisions of this Declaration, the By-Laws and/or the Association's rules and regulations. All rights and remedies provided in this Declaration are distinct and cumulative to any other right or remedy hereunder or afforded by law or equity, and may be exercised concurrently, independently or successively.
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-DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS OF COPPERFIELD
ARTICLE IV COVENANT FOR ASSESSMENTS
Section 1 Creation Of The Obligation For Assessments. Each Owner, for each Lot owned within the Property, by acceptance of a deed therefore or interest therein, whether or not it shall be so expressed in such deed, shall be deemed to covenant and agree to pay to the Association, in the manner, amounts and times prescribed herein, all assessments, charges, fees, fines, and other sums which are described in this Declaration and which shall be both a personal obligation of the Owner and a lien against his Lot as provided herein. Each Owner shall be jointly and severally liable to the Association for the payment of all assessments, charges, fees and other sums attributable to them and/or their Lot. The personal obligation for delinquent assessments and sums shall not pass to an Owner's successors in title or interest. No Owner may waive or otherwise escape personal liability for the payment of the assessments, charges, fees and other sums provided for herein by nonuse of the Common Area or the facilities contained therein, by abandonment or leasing of his Lot, or by asserting any claims against the Association, the Declarant or any other person or entity.
Section 8b Special Assessments and Other Sums. Special assessments and other sums imposed hereunder shall be due and payable on the date specified by the Board in written notice to each Owner, but such date shall not be less than ten (10) days after such notice is sent. In the event that the Association incurs any expense or liability as a result of the willful, negligent or wrongful act of an Owner, his family, tenants or guests, or any breach by any of such parties of any of the provisions of this Declaration, the Association’s By-Laws or the Association's rules and regulations, and the same is not paid for by insurance, the cost thereof shall be deemed to be a special assessment against such Owner and his Lot and shall be enforceable as provided herein, except that such assessment shall not require any vote of the Members. Any other sum imposed by the Board as provided hereunder shall also be deemed a special assessment but shall not require a vote of the Members.
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COPPERFIELD HOMEOWNERS ASSOCIATION, INC. POLICIES, PROCEDURES, RULES & REGULATIONS
Apply to All Occupants and Owners, Dated September 28, 2006
Introduction. The Copperfield Homeowners Association (the "Association") complies with all federal, state and local laws. Each Owner of a home in the subdivision shall read and comply with the Declaration of Covenants, Conditions and Restrictions, the Articles of Incorporation, the Bylaws and these Policies, Procedures, Rules and Regulations ("the Association Documents") of the Association. The Association's Documents, and these Policies, Procedures, Rules and Regulations, shall include those matters required or allowed by the Colorado Common Interest Ownership Act. The Association’s Board of Directors ("the Board") shall have the power to enforce the Association Documents and to amend these Rules from time to time.
1. Association Management. The services of a management firm (the "Managing Agent") have been contracted to handle the day-to-day enforcement of these Policies, Procedures, Rules and Regulations (the "Rules"), as well as the Declaration and Bylaws. The Managing Agent is authorized to take those actions necessary to ensure the compliance of all residents with the standards of the complex.
2. Leasing of Homes. Any lease agreements between an Owner and a lessee shall provide that the terms of such lease shall be subject in all respects to the provisions of this Declaration, the Master Declaration and the Articles of Incorporation and Bylaws of the Master Association, and that any failure by the lessee to comply with the terms and provisions of such documents shall be default under the lease.
3. Architectural Approval Authority. All changes to the exterior must be reviewed by the Architectural Approval Authority. Owner must submit plans for the committee to review. The Board shall have sole and complete discretion in interpreting, enforcing and determining compliance with the architectural control provisions of the Association Documents and upholding the authority of the Architectural Approval Authority ("the Committee"), which may be the Board itself. The Board may determine in its sole discretion whether any applicant has met the procedural and other requirements of architectural review. Without prior written approval of the Committee, which in its sole discretion may impose conditions, restrictions or prohibitions:
a. No Owner shall change the exterior appearance of the home or landscaping on the Lot without prior written approval of the Committee
b. All accessory structures and improvements shall be compatible in color, style and architecture with the residence located on the lot and are subject to the approval of the Committee. This includes all storage sheds.
4. Parking
a. Each owner shall make every effort to park private vehicles in the garage or driveway.
b. All vehicles must meet local noise and safety requirements, and automobiles or motorcycles without mufflers in good working order are prohibited
c. Except for the sole purpose of loading or unloading, no recreational vehicles (up to 48 hours), boats, campers, trailers, junk or inoperative vehicles, as determined in the sole discretion of the Board, shall be parked in any driveway, on any Lot, on any private street or elsewhere within the subdivision.
d. No mechanical work whatsoever will be performed on vehicles, except in a closed garage
e. Garage doors shall be closed at all times except when used for ingress or egress
f. "Junk vehicles" are prohibited. A junk vehicle shall mean a vehicle which appears in the discretion of the Board to be in need of repainting or substantial repairs or lacks a current license plate or appears to be inoperable and damaged.
g. Notwithstanding the foregoing, emergency motor vehicles are permitted in the unit owner's driveway and guest parking spaces if the emergency motor vehicle meets each of the following requirements:
i. the emergency motor vehicle is required by the unit owner's employer as a condition of employment;
ii. the emergency motor vehicle weighs ten thousand pounds or less
iii. the unit owner is a member of a volunteer fire department or is employed by an emergency service provider;
iv. the emergency motor vehicle has some visible emblem or marking designating it as an emergency vehicle; and
v. the parked emergency motor vehicle does not block emergency access or prevent other unit owners from using the streets.
For the purpose of this rule, an "emergency service provider" is defined as a primary provider of emergency fire fighting, law enforcement, ambulance, emergency medical, or other emergency services. The parking of an emergency service vehicle shall not obstruct emergency access or interfere with any reasonable need of other unit owners to use the streets or driveways within the Association, including without limitation extending into such streets, driveways, extending into other parking spaces or to denying other owners use of parking spaces or guest parking.
h. Any vehicles which are parked illegally or in violation of these Rules or the Association Documents may be towed, removed or disabled by the Association, and any expenses therefore shall be paid by the offending party.
5. Pets
a. No animals shall be kept on any lot except an aggregate of two domesticated dogs or cats, and except domesticated birds and fish and other small domestic animals, and then only if kept as pets. All dogs shall be kept on a hand-held leash except when on their Owner's lot. No animal or other pet of any kind shall be permitted which might be dangerous or which makes an unreasonable amount of noise or odor or is a nuisance. No kennel or other facility for raising or boarding dogs or other animals for commercial purposes shall be kept on any lot. No poultry may be kept on any lot. No rare or exotic or unusual animals or other pets shall be kept on any Lot without prior written approval of the Board of the Association. Each Owner shall be responsible for cleaning up after his pet and for all damage to the lot of any other owner or Association Property caused by any pet in the possession of such owner.
6. Soliciting. Soliciting, whether commercial, political, religious, or otherwise is strictly forbidden within the subdivision. To the fullest extent allowed by law, any such solicitors shall be trespassers and subject to civil and criminal penalties.
7. No Nuisances
a. No activities shall be conducted on the property which are or might be unsafe or hazardous to any person or property. Owners and/or occupants shall not create any situation wherein their actions or conduct, as determined by the managing agent or the Board, represents a nuisance or disturbance to other residents. This includes but is not limited to noise, loud music, late-night parties, offensive cooking odors, annoying lights, etc.
b. No Owner shall allow noise by radios, televisions, parties or otherwise to annoy other Owners.
c. No Owner or occupant shall discharge any firearms in the subdivision.
8. Signs and Displays.
a. Notwithstanding the foregoing, the following types of signs/displays are permitted under the following conditions:
i. American Flags. The American flag or the Colorado State flag may be displayed on an owner's property on one flag holder attached to the building exterior. Owners are responsible for repairing any damage caused by installation of a flag holder. The flag must be displayed in a manner consistent with Federal and State Flag Codes. The flag may not be any larger than 48 inches by 72 inches.
ii. Service Flags. A Service flag bearing a star denoting the service of an owner or a member of an owner's immediate family in the active or reserve military service of the United States during the war or armed conflict may be displayed on the inside of a window or door of the unit owners home. The Service flag may not exceed 36 inches by 48 inches.
iii. Political Signs. Except to the extent restricted by city, town, or county ordinance, an Owner may have no more than two political signs, as defined by the statute, to be located on the property Owner's property, for a political office or ballot issue that is in a pending election, with a maximum dimension of 18 inches by 24 inches, displayed no earlier than forty-five (45) days before an election day and no later than seven (7) days after an election day.
9. Trash Collection and Removal. No garbage, refuse, rubbish or cuttings shall be deposited on any street or on any Lots unless placed in the container provided by the Association. All trash and refuse containers will be kept inside the home or adequately screened from view except on trash collection days.
10. Sidewalks and Common Areas
a. Each Owner and the Owner's family, guests, contractors and invitees may use the Common Area, including the sidewalks, for the purposes intended, subject to these Rules and the Directions of the Board.
b. Each Owner is responsible to remove the snow of the sidewalks of their lot with in 24 hours.
11. Assessments.
a. Delinquent Assessments. Assessments shall be collected as provided in the Association Documents. Payments are due on the first (1st) of January each year and are delinquent if not received by the Association or its manager by the thirtieth (30th) of January. Any payment which is not received by that date will be charged a late fee of $10.00 per delinquent monthly assessment, fine, or charge, and shall be owed by the Owner for each month such assessment is not paid. In addition, the Association may charge an interest on accounts delinquent for more than 30 days of eighteen percent (18%) per annum and shall be entitled to collect reasonable attorney's fees, court costs, and all other expenses of collection on any delinquent payment. Owners are responsible for making arrangements for the delivery of all payments whether by mail or direct deposits. The Association will impose an administrative fee for all returned checks.
b. The Association may collect a fee of seventy-five ($75.00) dollars for the preparation of any certificate regarding assessments.
c. Payment Priority. All payments shall be applied to outstanding balances in the following order of priority: (a) late charges, (b) interest, (c) attorney fees and costs, (d) returned check charges, (e) unpaid assessments beginning with the oldest unpaid assessment.
d. Failure to Pay Assessments.
i. Pursuant to the Association Documents, the Association may proceed by filing litigation against any Owner who has not paid his assessment and without affecting that remedy may also file a lien against the delinquent property, which may be foreclosed as provided in the Association documents. All attorneys’ fees, costs, and other expenses of such collection activity will be the responsibility of the Owner. The homeowner or individual responsible for paying the assessment will be notified in writing each month the assessment remains delinquent of the status of the account and the addition of late fees as appropriate.
ii. When the amount past due equals more than one quarter's assessment the homeowner or individual responsible for paying the assessment will be notified by Certified Mail of the status of the delinquent account and the Association's intent to file a lien on the property if there is no payment on the debt or response to the certified letter within 15 days. After the 15 day period has expired, the Association will transfer the delinquent account to the attorney for a collection demand letter and/or an immediate filing of a lien on the property.
iii. The Association may charge for any notices sent to the Owners in connection with such delinquent assessments, but the Owners are responsible for ensuring that their payments are timely and fully made. Owners must notify the Association immediately of any change in mailing address or status.
iv. The Association may also deny rights to use common facilities, voting rights, or other rights in the Association until all assessments and other sums are paid in full. Any release of liens, restoration of voting or other rights, or termination of litigation shall require the payment in full of all assessments and other sums, including sums which arise after the collection process or after the Owner delivers a payment to the Association. The Association or Managing Agent shall not be liable for any errors or omissions in any payment statement to the Owner.
v. The Association's Board of Directors may invite a delinquent Owner to attend a Special Executive Session of the Board to explain any reason for the delinquent payment of assessments, fines or other sums levied by the Association. The Board, after such meeting, may decide in the Executive Session due to the possibility of litigation, what action may be taken by the Association whether entry into payment arrangements or proceeding to litigation and/or foreclosure of liens
12. Owner Maintenance
a. Each lot at all times shall be kept in a clean, sightly and wholesome condition. No trash, litter, junk, boxes, containers, bottles, cans, implements, machinery, lumber or building materials shall be permitted to remain exposed upon any Lot so that same are visible from any neighboring lot or street, except as necessary during the period of construction.
13. Rules Enforcement and Fines
The following procedures shall apply to any alleged violation ("violation") of the Association's Declaration, Articles of Incorporation, Bylaws and Policies, Procedures, Rules and Regulations, except and excluding non-payment of assessments or other sums.
a. Notice.
i. First Notice of a violation will be in writing from the Board of Directors ("the Board") or managing agent. The written notice will be sent to the homeowner to include details of the violation, reference as appropriate to the section of the governing document violated, and may include recommendations to correct the problem.
ii. The Second Notice for the same or similar violation is sent in writing by both certified, return receipt requested mail and regular mail. This notice contains the exact section of the governing documents in violation. This notice is a notice of hearing.
b. Notice of Hearing. If the Board decides that cause has been shown for a hearing, the Board, or its officers or agents, shall then send a written notice (the "Notice"), by regular mail and certified mail, return receipt requested, to the owner, and a copy may be sent to the alleged violator (if known) such as a tenant, contractor, guest or family member of the owner. The Notice shall indicate the time and place of the hearing, and any other information regarding violation which the Board deems appropriate in its discretion. The Notice shall be deemed received by the owner three (3) days after mailing. The Notice may be sent to the unit if the owner has failed to register a current mailing address. The Notice may also be sent to the complaining party.
c. Hearing.
i. Hearings shall be held in executive session because they may involve privacy and/or possible litigation issues. The Board may exclude any person other than the owner or alleged violator and witnesses, when testifying
ii. At the hearing, the Board may consider any written or oral information produced by the owner, the alleged violator or other interested party. Any legal or statutory rule of evidence or procedure shall not apply to the hearing, and the Board may restrict testimony or proceed in any manner or order which it deems appropriate in its discretion. Generally, any relevant evidence may be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions. Hearsay evidence shall be sufficient in itself to support a finding. The Board may tape record or otherwise transcribe the hearing. The Board may proceed with the hearing even if the owner fails to appear or refuses to participate or to submit information. The owner may be represented by legal counsel so long as said owner gives the Board at least five (5) days prior written notice, in which case the Board's attorney may be present as well. Any participant may question any witnesses and examine any documents presented at the hearing. After hearing any information, witnesses, or documents presented at the hearing, the Board's decision shall be made by majority vote of the Board members present and a brief summary of the decision and the sanction, if any, should be sent by regular mail to the owner and, if necessary, to the alleged violator.
d. Extent of Violations. Each incident or each day of a continuing violation shall be considered a separate violation for which any maximum fine may be imposed. For example, each day during which a pet or a sign is permitted to remain is a separate violation. The Board may in its discretion impose increased fines for repeated or intentional violations.
e. Parties to Violations. Owners shall be responsible for violations committed by their contractors, guests, family members, and tenants, for example, pets kept by tenants or signs placed by real estate agents. The Board may proceed against both the owner and the alleged violator, simultaneously or separately, and actions against one shall not bar action against the other. The Board may contact the police, any regulatory or licensing authorities or other third parties regarding the alleged violation, but any action or decision by those parties shall not bar the Board from proceeding.
f. Fines.
i. All fines will be $30.00 per occurrence
ii. Any fine shall be both a personal obligation of the owner or the violator or both and shall also be an assessment creating a lien which may be recorded against the unit and may be foreclosed as provided in the Declaration. The Board may notify any lender and credit agency of such obligation and lien. Additionally, the Board may bring legal action to enforce the violated provision and to recover the fine.
iii. Any violation shall entitle the Board to recover from the owner or violator or both, its reasonable attorneys fees, court costs, interest, and any other collection expenses, regardless of whether litigation is instituted or is successfully concluded. The Board may seek to recover such fees and costs by all legal remedies, including without limitation, charging such fees and costs to the owner's account with the Association.
iv. The Board, in its discretion, may waive fines, attorney fees, court costs, interest and other collection expenses.
g. Substantial Compliance. Technical irregularities or defects in the complaint, Notice or other compliance with this Rule shall not invalidate the proceedings or any fine or sanction imposed. This Rule shall be liberally construed to accomplish prompt, effective enforcement of the Association's Declaration, Articles of Incorporation, Bylaws and Rules.
14. Insurance.
a. The Association carries a general liability policy on the common area and general Association insurance.
b. In order to assist in keeping the Association's insurance premiums down, it is requested that all Owners contact the Association - either its manager or Board members - prior to filing any claim on the Association’s insurance policy.
15. Reserve Fund. The Association's Reserve Fund shall be invested as required by the Association Documents and Colorado laws and statutes. Such investments shall be based upon the reasonable business judgment of the Board of Directors with the advice of the Association's Managing Agent and any investment advisor.
16. Meetings.
a. Conducting Meetings.
i. Association meetings shall be conducted in accordance with the Association Documents, especially the Association Bylaws, and in accordance with the Colorado Common Interest Ownership Act and the Colorado Revised Nonprofit Corporation Act. In addition, all meetings shall be conducted in accordance with the most recent version of Robert's Rules of Order.
ii. At all meetings, Members are expected to maintain proper behavior and decorum, which requires that Members shall: Be respectful to others present and to the meeting process, refrain from name-calling, use of foul language, and other aggressive behavior, differentiate statements of opinion from statements of fact; and speak only when acknowledged by the Chair.
iii. If a member fails to observe the above standard, demonstrating inappropriate behavior which negatively impacts the Association's meeting(s), the Chair shall issue one warning to the Member. If inappropriate behavior continues, the Member may be asked to remove him or herself from the meeting. If the Member refuses to comply, the meeting may be adjourned at that time, even though there are agenda items not yet heard, or the Chair may take other action, at the sole discretion of the Chair, including request for police assistance.
b. Owner Participation at Board Meetings
i. All meetings of the Board of Directors, except the Executive Session, are open to attendance by any Owner or any person designated in writing by that Owner as the Owner's Representative
ii. All Owners or designated representatives so desiring shall be permitted to attend, listen, and speak at an appropriate time during the deliberations and proceedings of the Board. The Board shall designate an appropriate time at the beginning of the meeting for all Owners or their representatives to speak on any matter shown on the agenda, but such period shall be assigned 5 minutes and shall not exceed a total of 20 minutes. Owners who wish to discuss a certain issue, complaint, or request shall submit such in writing at least five days prior to the Board meeting. A reasonable number of persons may speak on each side of any issue. All or any Owners or designated representatives wishing to speak shall sign a sheet with the Secretary prior to the meeting and the Board's President shall allocate the time permitted among the various Owners or designated representatives who wish to speak. After the designated time, Owners who are not board members shall not participate in any deliberation or discussion of the Board unless expressly authorized by a vote of a majority of a quorum of the Board so present.
c. Owner Participation at Annual and Special Meetings of Owners
i. Any Owner or designated representative of Owner may speak at the designated time in the agenda upon any issue requiring a vote of the Owners.
ii. The total length of any time for Owners or designated representatives speaking on a single issue of any meeting of the Owners shall not exceed the time set forth by the president at the beginning, usually 5 minutes, but not exceeding a time limit of 20 minutes per issue raised, and the President shall pro-rate that time among the various Owners who speak on the issue
iii. All issues, complaints, and requests shall be submitted to the Board in writing five days prior to the annual meeting.
d. Notice of Meetings.
i. Board Meetings: Notice of Board Meetings shall be given in accordance with the Association Documents.
ii. Homeowners Meetings: Notice of Homeowners Meetings shall also be given in accordance with the Associatio0n Documents, but in addition, notice of such may be given by electronic posting or electronic mail notices pursuant to CRS - 38-33.3-308.
e. Executive Session. The Association's Board may meet in executive closed sessions to discuss matters pertaining to employees, the managing agent's contract, consultation with legal counsel, investigative proceedings concerning possible or actual criminal misconduct, matters which are subject to specific constitution and statutory or judicially imposed requirements protecting the proceedings, any matter of disclosure which would constitute an unwarranted invasion of individual privacy, and a review and/or discussion relating to any written or oral communication from legal counsel. The Association Board Members and other members shall preserve attorney-client privilege regarding consultation and communications from legal counsel.
f. Election Procedure. The Association Secretary or the Managing Agent shall be in charge of providing secret ballots which protect the voters' privacy but also provide for the security of the election. Either the Association Secretary, or the Managing Agent, or both, shall constitute a neutral third party to count the ballots.
17. Conflicts of Interest.
a. The Board of Directors shall comply with all of Colorado's statutory provisions against conflict of interest as found in the Colorado Revised Nonprofit Corporation Act and the Colorado Common Interest Ownership Act. A "conflict of interest" is defined by the Colorado statutes, but generally means any action of the Board (except actions related to the Declarant by Board members appointed by the Declarant) which would provide direct, individual financial benefit to the Board member (and his or her relatives), as opposed to a general benefit to the Board member as a homeowner. Examples of conflicts of interest include matters which affect only a Board member's unit or contracts with a Board member.
b. Each Board member is obligated by law to disclose, in an open Board meeting, any existing conflict of interest prior to any discussion or action on that issue, and the Board member shall not vote on such
c. Board members appointed by the Declarant shall not be deemed to have any conflict of interest by voting on matters which may affect the Declarant, its property, or business, whether directly or indirectly.
d. The above notwithstanding, at any Board meeting, a Board member with a conflict of interest may be counted "present" for the purpose of determining whether a quorum exists.
e. Any Board member who violates this rule, or any other Association Document, may be removed from the Board by the other members of the Board.
f. The Association may require that all Board members sign a copy of this rule to acknowledge that they have read and understand it and will comply fully with it.
18. Records.
a. Member Rights.
i. Members of the Association are entitled to have made available to them copies of all governing documents of this Association (the "Association Documents"), including Declaration of Covenants, Conditions, Restrictions of the Association (the "Declaration"), Articles of Incorporation, Bylaws; and Policies, Procedures, Rules and Regulations
ii. Sellers within the Association are required by State law to provide copies of certain Association Documents to their buyers and obtain a written acknowledgment. Each owner/member is responsible for knowing the information in the Association Documents and for abiding with the standards for this Association, as set forth in the Association Documents.
b. Association Records Library. The following information should be available at the Management Office during standard business hours upon appointment for members to review. This information should be compiled in a "library binder," including the following details: the date of the Associations' fiscal year, the Association's operating budget for the current fiscal year, a list (organized by unit type) of the Association's current regular and special assessments, the Association’s annual financial statements, the results of any financial audit or review for the fiscal year preceding the current disclosure, a list of all Association insurance policies, the Association’s Bylaws, Articles of Incorporation, and Policies, Procedures, Rules and Regulations, the Board meeting and Member meeting minutes for the fiscal year immediately prior to current annual disclosures, the Association’s responsible governance policies adopted under Section 38-33.3-209.5 concerning the collection of unpaid assessments, handling of conflicts of interest involving Board members, conduct of meetings, Enforcement of covenants and rules, inspection and copying of Association records by unit owners, investment of reserve funds, and procedures for the adoption and amendment of policies procedures, rules and regulations. The Management Company should update the library binder periodically.
c. Examination of Records.
i. Members have the right to examine certain records of the Association. The Association has compiled certain documentation which will provide a Member with a wide variety of Association information. It is the obligation of every Member to hold this information in appropriate confidentiality so that information is not released to other parties.
ii. Requests by Members to inspect documents must be made in good faith, for a proper purpose, and describe with reasonable detail what records are needed and why. Requested documents must also be relevant to the unit owner’s stated purpose for the request. To be deemed “relevant,” the requested documents must directly pertain to the unit owner’s purpose. Members shall not exercise their inspection or copying rights in order to harass any other Member or the Management Company, nor for any commercial, illegal or improper purposes.
iii. Notwithstanding the foregoing, certain information has been deemed “not available” to the general membership for review or reproduction. This information includes files pertaining specifically to other units, delinquent account information, unless requested by the owner responsible for said account, attorney-client communications, information involving pending or anticipated litigation or contract negotiations, information involving the employment, promotion, or dismissal of Association employees or other personnel, and other privileged information.
d. The Association shall not be liable for the disclosure or copying of any materials which are required to be provided by statute or judicial proceeding. The Association does not warrant or represent the accuracy, completeness, or any other matter in the materials provided.
e. Process for Requesting Examination and/or Copies of Records
i. Members who desire to examine and/or have copies made of Association records must make an appointment with the Management Company and submit the Document Request Form, (see Attachment I). Reasonable effort will be made to accommodate the Member within a reasonable period of time. When the appointment is made, the Owner will be asked to designate the amount of time they want to reserve the library.
ii. Members shall not remove any document from the Association’s records, nor shall they remove records from the Association’s place of business. Certain records may be copied, at the Member’s expense. The Association’s Management Company, on behalf of the Association, will make the copies. The Member requesting the copies shall reimburse the Association for the actual cost of copying, which may include labor and materials for copying, research, locating and retrieval
iii. During an inspection, the Member may designate such records for copying by use of tab, clip, or Post-It note upon the pages desired.
iv. Copies should be available within ten (10) working days of receipt of the request, unless the condition or voluminous nature of the records makes this time frame impractical. In such cases, the copies should be made available as soon as is practical.
v. Depending on the number of pages requested, the Management Company may request that the Member return at a later date to pick up the requested copies, in order to allow personnel to set aside time to reproduce the documentation requested.
vi. Maintaining Association information is an important duty of the Association. Therefore, in order to ensure that records are not tampered with, removed, or destroyed, a staff member of the Management Company may remain present to observe Members while they examine Association records and the Association may charge for any labor of such staff member.
vii. All persons inspecting or requesting copies of records shall conduct themselves in a businesslike manner and shall not interfere with the operation of the Association’s office where the inspection or copying is taking place.
f. Seller Requirements.
i. Colorado law requires that the seller of a unit in a common interest community MUST mail or deliver personally to the buyer copies of the most current version of the following records at seller’s own expense; Association Bylaws and Rules, Declaration and/or covenants, any party wall agreements, minutes of the most recent annual owners’ meeting and any board meetings that occurred within the six months immediately preceding the title deadline, Operation budget of the Association, Association’s annual income and expenditures statement, and annual balance sheet of the Association.
ii. To request written copies of the above records, the seller or the seller’s agent must follow the rules and procedures listed under Section f. above, and pay for the actual cost of the copying. If records are available on a website, the seller or seller’s agent should use that website to obtain the documents.
iii. Furthermore, the seller has the responsibility to obtain from the buyer a signed acknowledgement of receipt of the required information and disclosure statement. The seller is then responsible for delivering the signed acknowledgement to the Association as soon as possible after it is acquired. The Association uses reasonable efforts to provide copies, but shall have no liability for the information provided, nor for compliance with any deadlines or other contractual requirements.
g. Enforcement of Inspection and Copying Rule
i. Any violation of these rules shall cause the immediate suspension of the inspection or copying until the violator agrees in writing to comply herewith, as well as other remedies such as fines. The Association’s Board or its representatives may take any available legal action to enforce this Rule.
ii. The Association will not honor any requests for inspection or copying that do not comply with this Rule, but the Association shall send a written notice to the person who made the request indicating the nature of any noncompliance. Any Association representative who receives an oral request for inspection or copying shall refer the person making the request to this policy, and the Association or its representatives will have no further obligation to respond until it receives a written request.
iii. The Association’s Board shall be entitled to resolve any dispute regarding the Association’s records based upon the Board’s reasonable business judgment.
19. Guests, Family Members, and Tenants. Each Owner shall be liable for any violations or damage done by that Owner’s guests, tenants, contractors, invitees, or family members, and each Owner shall be subject to fine for any violation of the Association Documents by those persons. Each Owner shall make such persons fully aware of the Association Documents and their requirements and shall incorporate the same into any leases and agreements.
20. These Rules may be changed or added to by the Board of Directors of the Copperfield Home Owners Association, Inc.
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