hrca delegates and directors duties
Post on 06-Jul-2015
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HRCA DelegatesHRCA Delegates’’ and and DirectorsDirectors’’ Duties, Duties,
Responsibilities, and Responsibilities, and ExpectationsExpectations
BasisBasis
Community Declaration (Community Declaration (CC&RCC&R’’ss))
Covenants, Conditions, and RestrictionsCovenants, Conditions, and Restrictions
Recorded against every Privately Owned Recorded against every Privately Owned SiteSite
Contract between Owner and the HRCAContract between Owner and the HRCA
Supplemental DeclarationSupplemental Declaration
Articles of IncorporationArticles of Incorporation
BylawsBylaws
TermsTerms
Duty: binding legal obligationDuty: binding legal obligation
Power: ability to accomplish objectivePower: ability to accomplish objective
Liability: corporate and/or personalLiability: corporate and/or personal
Delegate ResponsibilitiesDelegate Responsibilities Community DeclarationCommunity Declaration
Delegates elect DirectorsDelegates elect Directors
One vote for each privately owned siteOne vote for each privately owned site
Serve as Recreation Advisory CommitteeServe as Recreation Advisory Committee
Authorize the Board of Directors to convey Authorize the Board of Directors to convey property with 2/3 voting approvalproperty with 2/3 voting approval
Authority to approve increase in the Authority to approve increase in the assessments greater than 120% from assessments greater than 120% from preceding year with 2/3 voting approvalpreceding year with 2/3 voting approval
Delegate ResponsibilitiesDelegate Responsibilities Community Declaration Community Declaration
Authority to approve increase in Maximum Authority to approve increase in Maximum Common Assessment (cumulative CPI Common Assessment (cumulative CPI based) (2/3 voting approval)based) (2/3 voting approval)
Authority to approve Special Assessments Authority to approve Special Assessments for capital expenditures (2/3 voting for capital expenditures (2/3 voting approval)approval)
May amend the Articles of IncorporationMay amend the Articles of Incorporation
May Amend the BylawsMay Amend the Bylaws
Delegate ExpectationsDelegate Expectations
Attend Annual and Special Meeting of Attend Annual and Special Meeting of DelegatesDelegates
Attend monthly Recreation Advisory Attend monthly Recreation Advisory Committee MeetingCommittee Meeting
Read updates and HRCA NewslettersRead updates and HRCA Newsletters
Represent their DistrictRepresent their District
Director Duties and Powers Director Duties and Powers
Acting through the Board, HRCA shall have Acting through the Board, HRCA shall have these duties and powers:these duties and powers:
Duties:Duties:–– Accept property and facilities from DeclarantAccept property and facilities from Declarant–– Pay taxesPay taxes–– Maintain casualty insurance Maintain casualty insurance –– Maintain liability insuranceMaintain liability insurance–– Obtain fidelity coverage for persons handling Obtain fidelity coverage for persons handling
cashcash
DirectorsDirectors’’ DutiesDuties
Other insurance (e.g. workersOther insurance (e.g. workers’’ compensation)compensation)
Prepare budgetsPrepare budgets
Levy and collect assessmentsLevy and collect assessments
Provide auditProvide audit
Assist Architectural Committee as outlined in Assist Architectural Committee as outlined in Article X.Article X.
Follow all applicable local, State and Federal Follow all applicable local, State and Federal LawsLaws
Director PowerDirector Power
Acquire property and construct improvementsAcquire property and construct improvements
Adopt rules and regulationsAdopt rules and regulations
Enforce the Declaration and rules and regsEnforce the Declaration and rules and regs
Provide Public FunctionsProvide Public Functions
Provide services to subProvide services to sub--associationsassociations
Provide special services for membersProvide special services for members
Charge for facilities and servicesCharge for facilities and services
Grant easementsGrant easements
Director PowerDirector Power
Convey and dedicate property (with Convey and dedicate property (with approval of 2/3 Delegate voting power)approval of 2/3 Delegate voting power)
Borrow money and mortgage property Borrow money and mortgage property (with approval of 2/3 of Delegate voting (with approval of 2/3 of Delegate voting power)power)
Employ managersEmploy managers
Engage employees, agents, and Engage employees, agents, and consultantsconsultants
Director PowerDirector Power
General corporate powersGeneral corporate powers
Trash collectionTrash collection
Regulate use of HRCA facilitiesRegulate use of HRCA facilities
Manage the affairs of the AssociationManage the affairs of the Association
Delegate authority but not responsibilityDelegate authority but not responsibility
Director Responsibilities (Finance)Director Responsibilities (Finance)
Maintenance fundsMaintenance funds
Other fundsOther funds
DepositsDeposits
DisbursementsDisbursements
Common Assessments Common Assessments
Funding reserve fundsFunding reserve funds
Supplemental common assessments Supplemental common assessments
Director Responsibilities (Finance)Director Responsibilities (Finance)
Limitations of assessments (thresholds to Limitations of assessments (thresholds to exceed requires 2/3 voting power of exceed requires 2/3 voting power of Delegates)Delegates)
Annual BudgetsAnnual Budgets
Special assessments for capital Special assessments for capital expenditures (requires 2/3 voting power expenditures (requires 2/3 voting power of Delegates)of Delegates)
Reimbursement assessmentsReimbursement assessments
Late charges and interestLate charges and interest
Director Responsibilities (Finance)Director Responsibilities (Finance)
Notice of default and acceleration of Notice of default and acceleration of assessmentsassessments
Lawsuit to enforce assessments Lawsuit to enforce assessments
Lien to enforce assessmentsLien to enforce assessments
Estoppel certificatesEstoppel certificates
Director Responsibilities Director Responsibilities (Architectural)(Architectural)
Appoint Architectural Committee MembersAppoint Architectural Committee Members
Approve Rules and GuidelinesApprove Rules and Guidelines
Appoint Tribunals for appealsAppoint Tribunals for appeals–– Hear and make determinations on Tribunal Hear and make determinations on Tribunal
recommendations (improvements to property recommendations (improvements to property and nonand non--compliance)compliance)
–– Lawsuits to enforce architectural mattersLawsuits to enforce architectural matters–– Estoppel CertificatesEstoppel Certificates
Director ExpectationsDirector Expectations
Attend monthly Board Working SessionAttend monthly Board Working Session
Attend Recreation Advisory Committee Attend Recreation Advisory Committee MeetingsMeetings
Attend Board Meetings Attend Board Meetings
Attend other meetings (Metro District, Attend other meetings (Metro District, Team Highlands Ranch, etc.)Team Highlands Ranch, etc.)
Understand Director RolesUnderstand Director Roles
Directors Have LiabilitiesDirectors Have Liabilities
Fiduciary Duty Fiduciary Duty
Duty of undivided loyaltyDuty of undivided loyalty
Conflict of interestConflict of interest
Uniform and consistent enforcement of rulesUniform and consistent enforcement of rules
Uniform and consistent enforcement of Uniform and consistent enforcement of collectionscollections
Corporate liabilityCorporate liability
Personal liabilityPersonal liability
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