How the Association Does Business

1. the Articles of Incorporation, the Declaration of Covenants, Conditions,
and Restrictions, the Policies, and these Bylaws.
ARTICLE XV III
Amendments
Section 1. Process These Bylaws may be amended, at a regular or
special meeting of The Association by a vote of a majority of a quorum of
members present. A copy of the proposed bylaws and the changes shall
be provided to members at least fourteen (14) days before the meeting.
Section 2. Conflict In the case of any conflict between the Articles of
Incorporation and these Bylaws, the Articles shall control; and in the case
of any conflict between the Declaration of Covenants, Conditions, and
Restrictions and these Bylaws, the Declaration shall control.
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2. ARTICLE XIV
Assessments
As more fully provided in the Declaration, each unit owner is obligated to
pay to The Association annual and special assessments that are secured
by a continuing lien upon the property against which the assessment is
made. Annual assessments are stated as monthly amounts and are due
on the first of the month for that month. Any assessments that are not paid
when due shall be delinquent. If the assessment is not paid within thirty
(30) days after the due date, the assessment shall bear interest from the
date of delinquency at the rate of twelve (12) percent per annum; The
Association may bring an action of law against the owner personally
obligated to pay the same or foreclose the lien against the property, and
interest, costs, and reasonable attorney’s fees of any such action shall be
added to the amount of such assessment. No owner may waive or
otherwise escape liability for the assessments provided for herein by
nonuse of the Common Area or abandonment of the owned lot. The
Board of Directors shall determine the next year’s annual assessment by
the 31st of October and inform the members. A limit of 10% increase on
the current annual assessment is placed on the Board. Any additional
annual assessments and all special assessments shall be voted by a duly
called meeting of The Association.
ARTICLE XV
Books and Records
The books, records, and papers of The Association shall at all times, during
reasonable business hours, be subject to inspection by any member. The
Declaration of Covenants, Conditions, and Restrictions, the Articles of
Incorporation, the Bylaws of The Association, the Policies, and the Rules
and Regulations shall be given to each new owner before closing occurs
on the unit.
ARTICLE XVII
Parliamentary Authority
The latest edition of Robert’s Rules of Order shall serve as the
parliamentary authority of The Association in any matter not covered in
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3. Secretary / Treasurer
The secretary shall record the votes and keep the minutes of all meetings
and proceedings of the Board of The Association; keep the corporate seal
of The Association and affix it on all papers requiring said seal; maintain
the corporate records; provide copies of the records as needed; creates
and distributes the newsletter after each meeting of the Board; handle
general correspondence for the Board and The Association; serve notice
of meetings of the Board and of the members; keep appropriate current
records showing the members of The Association together with their
addresses, co-signs all checks, and performs such other duties as required
by the Board.
Treasurer
The treasurer shall or cause to be received and deposited in appropriate
bank accounts all monies of The Association and shall disburse such funds
as directed by resolution of the Board of Directors; co-sign checks and
promissory notes of The Association; cause to be kept proper books of
account; and shall or cause to be prepare an annual budget and a
statement of income and expenditures to be presented to the
membership at its regular annual meeting, and deliver a copy of each to
the members.
ARTICLE XII
Committees
The Association shall appoint the Board of Directors to serve as an
Architectural Control Committee, as provided in the Declaration of
Covenants, Conditions, and Restrictions. In addition, the Board of Directors
shall appoint other working groups as deemed appropriate in carrying out
its purposes. Each working group shall have a board member coordinator
plus other interested residents.
ARTICLE XIII
Fiscal Year
The fiscal year of The Association shall begin on the first day of January
and end on the 31st day of December of every year, except that the first
fiscal year shall begin on the date of incorporation.
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4. Board may from time to time by resolution create, who shall at all times
be members of the Board of Directors.
Section 2. Election of Officers The election of officers shall take place at
annual meeting of the members.
Section 3. Term The officers of The Association shall be elected annually
and each shall hold office for one (1) year unless resignation, removal, or
disqualification shall occur.
Section 4. Resignation and Removal Any officer may be removed from
office with or without cause by The Association. Any officer may resign at
any time by giving written notice to the Board, the president, or the
secretary. Such resignation shall take effect on the date of receipt of
such notice or at any later time specified thereon, and unless otherwise
specified therein, the acceptance of such resignation shall not be
necessary to make it effective.
Section 5. Vacancies A vacancy in any office may be filled in the
manner prescribed in Article VII, Section 3. The officer elected to such
vacancy shall serve for the remainder of the term of the officer replaced.
Section 7. Multiple Officers The officers of secretary and treasurer may
be held by the same person. No person shall simultaneously hold more
than one of any of the other officer positions.
Section 8. Duties The Duties of the officers are as follows:
President
The President shall preside at all meetings of The Association and the
Board of Directors; shall see that orders and resolutions of the Board are
carried out; shall sign all leases, mortgages, deeds and other written
instruments; shall co-sign all checks and promissory notes; shall
encourage participation by the entire community; with the treasurer or
financial manager shall handle work with outside agencies, e.g.,
insurance, realtors, title companies, closing companies, mortgagers that
foreclose; shall coordinate board work related to corporation status;
shall prepare and post agendas for meetings; and, shall call special
meetings per these bylaws.
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5. 3. as more fully provided in the Declaration of Covenants, Conditions,
and Restrictions to
a. fix the amount of the annual assessment against each lot at least
sixty (60) days in advance of each annual assessment.
Assessments may be paid in equal monthly amounts;
b. send written notice of each assessment to every owner subject
thereto at least thirty (30) days after due date or to bring an
action at law against the owner personally obligated to pay the
same;
c. issue or cause an appropriate officer to issue, upon demand by
any person, a certificate setting forth whether or not any
assessment has been paid. A reasonable charge may be made
by the Board for the issuance of these certificates. If a
certificate states an assessment has been paid, such certificate
shall be conclusive evidence of such payment;
d. procure and maintain adequate liability and hazard insurance
on property owned by The Association and assess each unit a
pro-rated amount according to the number of bedrooms and
the presence or not of a fireplace in the unit;
e. cause all officers or employees having fiscal responsibilities to be
bonded as it may deem appropriate;
f. cause the Common Area to be maintained: city sidewalks,
driveways, sidewalks, carports, property perimeter fences, trees,
landscaping. The individual lot owner is responsible for the patio
and patio fences of their unit, and
g. cause the exterior of the dwellings to be maintained.
4. serve as the Architectural Control Committee and enforce the
Architectural Control Guidelines; and
5. provide each new owner before closure a welcome packet that
includes at least The Articles of Incorporation, The Bylaws, The Policies,
the Rules and Regulations, the membership of the Board of Directors,
and a Directory of Residents.
ARTICLE XI
Officers and Their Duties
Section 1. Enumeration of Officers The officers of The Association shall
be a president, a secretary / treasurer, and such other officers as the
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6. Section 2. Special Meetings Special meetings of the Board of Directors
shall be held when called by the president of The Association or by any
two directors, after not less than three (3) days notice to each director.
Section 3. Quorum A majority of the number of directors shall constitute
a quorum for the transaction of business. Every act of decision done or
make by a majority of the directors present at a duly held meeting at
which a quorum is present shall be regarded as an act of the Board.
ARTICLE X
Powers and Duties of the Board of Directors
Section 1. Powers The Board of Directors shall have power to:
1. exercise for The Association all powers, duties and authority vested in or
delegated to The Association and not reserved to the membership by
other provisions of these Bylaws, the Articles of Incorporation, or the
Declaration of Covenants, Conditions, and Restrictions, including
serving as the Architectural Control Committee
2. propose to The Association Rules and Regulations governing the use of
all common areas including carports and facilities, the personal
conduct of the members and their guests thereon, the architectural
control guidelines, and to establish penalties for the infraction thereof
for adoption by The Association
3. declare the office of a member of the Board of Directors to be vacant
in the event such member shall be absent from three (3) consecutive
regular meetings of the Board of Directors; and
4. employ a manager, an independent contractor, or such other
employees as they deem necessary, and to prescribe their duties.
Section 2. Duties It shall be the duty of the Board of Directors to:
1. cause to be kept a complete record of all its acts and corporate
affairs and to present the minutes of each meeting to the membership
within five (5) days of the meeting; supervise all officers, agents, and
employees of The Association and to see that their duties are properly
performed; review the work of all independent contractors and take
any actions necessary;
2. shall review at each of its meetings the financial transactions and
balances of all accounts and shall conduct an annual review;
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7. Association. In the event of death, resignation, or removal of a director,
a successor shall be selected by the remaining members of the Board and
shall serve for the unexpired term of the predecessor.
Section 4. Compensation No director shall receive compensation for
any service rendered to The Association. However, any director may be
reimbursed for actual expenses incurred in the performance of duties
upon presentation of a voucher and documentation of expense. The
Board shall approve any reimbursement outside of the budget before the
expense is occurred.
Section 5. Action Taken Without a Meeting The directors shall have the
right to take any action in the absence of a meeting, which they could
take at a meeting by obtaining the written approval of all the directors.
Any action so approved shall have the same effect as though taken by a
meeting of the directors
ARTICLE VIII
Nomination and Election of Directors
Section 1. Nomination Nominations for all positions on the Board of
Directors shall be made from the floor at the annual meeting.
Section 2. Elections Election to the Board of Directors shall be by secret
written ballot for any position for which more than one nomination has
been made. The person receiving the largest number of votes shall be
elected.
ARTICLE IX
Meeting of Directors
Section 1. Regular Meetings Regular meetings of the Board of Directors
shall be held monthly at such place and hour as may be fixed from time
to time by the resolution of the Board. Notice of each meeting with the
proposed agenda shall be posted by the mailboxes at least three (3) days
prior to the meeting and shall include an opportunity for any member or
resident to bring a concern to the Board.
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8. Section 2. Special Meetings Such special meetings of the members may
be called at any time by the Board of Directors or upon written request of
one-fourth (1/4) of the members entitled to vote.
Section 3. Notice of Meetings Written notice of each meeting of
members shall be given by the person authorized to call the meeting or
the secretary at least fourteen (14) days in advance of such meeting.
Such notice shall be delivered to each lot owner at the lot or by postal
mail to absentee owners. Such notice shall designate the date, time, and
place of the meeting and shall include the purpose of the meeting, the
proposed agenda, and in the case of proposed revisions of these bylaws
or the rules and regulations a copy of the current document with clearly
designated revisions.
Section 4. Quorum A quorum shall consist of one-fourth (1/4) of the
entitled members.
Section 5. Proxies There shall be no proxy votes.
Section 6. Action Taken Without a Meeting The members shall have the
right to take any action in the absence of a meeting that they could take
at a meeting by obtaining the written approval of all the members. Any
action so approved shall have the same effect as though taken at a
meeting of the members.
ARTICLE VII
Board of Directors: Selection; Term of Office
Section 1. Number The affairs of The Association shall be managed by a
Board of Directors consisting of President and Secretary / Treasurer plus
one person representing each of the five (5) housing buildings. Any
manager employed by the Board shall attend the meetings of The
Association and of the Board of Directors.
Section 2. Election At the annual meeting, the members shall elect the
officers and each building representative to serve until the subsequent
annual meeting. Elected members may serve consecutive terms.
Section 3. Removal Any director or officer may be removed from the
Board, with or without cause, by a majority vote of the members of The
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9. ARTICLE IV
Voting Rights
Members shall be entitled to one vote for each lot in which they hold the
interest required for membership by Article II. When more than one
person holds such interest in any Lot, all such persons shall be members.
The vote for each lot shall be exercised as they among themselves
determine, but in no case shall more than one vote be cast with respect
to any lot.
ARTICLE V
Property Rights: Rights of Enjoyment
Section 1. Use Each member shall be entitled to the use and enjoyment
of the Common Area and Facilities as provided in the Declaration of
Covenants, Conditions, and Restrictions. Any member may delegate his
or her rights of enjoyment of the Common Area and facilities to members
of his or her immediate family, or guests or tenants. The rights and
privileges of such delegee are subject to suspension to the same extent as
those of the member.
Section 2. Owner Occupancy All units purchased after September 13,
2012, shall be owner occupied. Owner occupied is defined as having the
owner or a member of the owner’s primary family (e.g., grandparent,
parent, spouse, sibling, or child) living in the unit. One additional
unrelated person may live in the unit with the owner present. Renters may
enjoy the rights of the common areas and are expected to adhere to the
Rules and Regulations of WHOA.
Section 3. Rent Exemption An owner unable to sell a unit but also
unable to live in it may apply to the Board for a special exemption to rent.
ARTICLE VI
Meeting of Members
Section 1. Annual Meetings The Board shall call an annual meeting of
members between June 15 and September 15 at a location of its
determination within the City of Loveland.
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10. BYLAWS
OF
THE WILLOWBRIAR HOMEOWNERS’ ASSOCIATION
ARTICLE I
Name and Location
The name of the corporation is The Willowbriar Homeowners’ Association,
hereinafter referred to as “The Association”. The principal office of the
corporation shall be 985 W. 10th Street, Loveland, Colorado 80537, but
meetings of members and directors may be held as such places within
the State of Colorado, City of Loveland, County of Larimer, as may be
designated by the Board of Directors.
ARTICLE II
Definitions
“The Association,” shall mean and refer to THE WILLOWBRIARS
HOMEOWNERS’ ASSOCIATION, a Colorado non-profit corporation, its
successors and assigns.
ARTICLE III
Membership
Section 1. Membership Every person who is a record owner of a fee or
undivided fee interest in any Lot which is subject by covenants of record
to assessment by The Association shall be a member of The Association,
provided that any such person or entity who holds such interest merely as
a security for the performance of an obligation shall not be a member.
Section 2. Suspension of Membership During any period in which a
member shall be in default in the payment of any annual or special
assessment levied by The Association or more than two months of monthly
fees, the voting rights and rights to use of the recreational facilities of such
a member shall be suspended by the Board of Directors until such
assessment has been paid. Such rights of a member may also be
suspended, after notice and hearing, for a period not to exceed thirty
days, for violation of any rules and regulations established by the Board of
Directors governing the use of the Common Area and facilities.
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