DUTIES OF CVOA BOARD AND COMMITTEES Cuerno Verde Board Members CVOA President Duties I. Possesses thorough understanding of Covenants, Bylaws, Handbook and Colorado Common Interest Ownership Act, specifically Part 3, 38-33.3-301.through 38-33.3-319. re: Management of the Common Interest Community (starting pg. 52 as posted on the website link) Manages Board meetings A. Emails meeting notices B. Coordinates and emails agenda; posts and publishes it I Serves as Legal liaison A. Manages the Associations communication with legal counsel who: Handles covenant violations 1. Handles all affairs of a legal nature for the Association including a. Collection letters b. Liens and foreclosures (filing and release) c. Stays current on i. New legislation ii. State statutes iii. Amendments to CCIOA d. Signs written communications and contracts providing written copies for the permanent Association records A. Tracks covenant violations on Excel spreadsheet; gives status report at Board meetings B. Presents brief status report at Board Meetings C. Generates correspondence 1. Notifications 2. Enforcement V. Manages semiannual water reporting with water reporting monitor VI. Manages Association s accounting firm contract with Treasurer V Distributes information to Board Members in accordance with CCIOA A. 38-33.3-303(b): Notwithstanding any provision of the declaration or bylaws to the contrary, all members of the executive Board shall have available to them all information related to the responsibilities and operation of the Association obtained by any other member of the executive Board. Page 1 of 7
B. Has general and active control of the Association s affairs and general supervision of its officers, agents and employees, subject to any management agreement authorized by the Board of Directors CVOA Vice-president Duties I. Possesses thorough understanding of Covenants, Bylaws, Handbook and Colorado Common Interest Ownership Act, Part 3 re: Management. I Oversees efforts of the Nominating and Outreach Committee Manages the Annual Meeting sign-in process with Treasurer Serves as lead officer in charge of seeking and acquiring maintenance, construction bids A. Develops contractor scope of work and coordinates it with the Board B. Handles bid solicitation/contractor liaison/repairs, maintenance and updating C. Contractor Performance Monitoring D. Is present for Board/contractor walk-through(s) E. Issues work orders/verification/insurance/completion/inspections CVOA Secretary Duties I. Preforms President s duties when President is unavailable 2 Coordinates setting up the clubhouse for meetings I. Possesses thorough understanding of Covenants, Bylaws, Handbook and Colorado Common Interest Ownership Act, Part 3 re: Management I Responsible for taking meeting minutes and preparing other HOA documents A. Records and prepares minutes of all meetings for the Association s permanent record B. Coordinates with board President and assists in preparing meeting agendas and Board meeting packets (research, pertinent information, etc.) Serves proper notice of meetings of the Board and of the members: A. Drafts, coordinates and secures approval signatures and posts meeting minutes to website Tracks new owners with Treasurer and sends out new owner welcome letters V. Drafts, coordinates and mails/posts CVOA newsletters to website VI. Serves as point of contact for members who schedule and rent the clubhouse for events updates these rentals on the website calendar V Manages and updates association calendar A. Coordinates website updates with Webmaster Page 2 of 7
VI Maintains the Association s master email address list A. Solicits member/owner email addresses and adds to mass mailing list IX. Receives and processes owner communications to the Board of Directors; including generating draft responses as necessary for approval by the Board CVOA Treasurer Duties I. Possesses thorough understanding of Covenants, Bylaws, Handbook and Colorado Common Interest Ownership Act, Part 3 re: Management Keeps proper books of account: A. Prepares an annual budget and statement of income and expenditures to be presented to the entire membership at the regular Annual Meeting; providing each member with a copy B. Performs all other duties incident to the office of Treasurer (and upon request of the Board shall post a bond satisfactory to the Board conditioned upon faithful performance of his or her duties; cost of such bond shall be paid by the Association) 1. Updates new owners in QuickBooks 2. Files liens a. Prepares liens release form for the President to have County Clerk process release 3. Coordinates with Association s accounting firm 4. Mails annual dues notices 5. Deposits Association checks 6. Creates Annual Meeting check-in sheet and oversees sign-in process, verifying owners in good standing 7. Receives and responds to real-estate status letter requests 8. Manages money market accounts; notifies Board of necessary transfers and adjustments 9. Pays bills and signs payment checks 10. Possesses skills in Excel 11. Tracks, deposits and reimburses clubhouse rental monies 12. Serves as lead on yearly budget planning 13. Coordinates with Accountant/CPA in preparation and filing of annual tax returns including a report to the Board 14. Posts annual financial statements to website 90 days after year-end Page 3 of 7
CVOA Member at Large Duties 15. Prepares notices to owners with past-due accounts for President s signature, according to IAW CVOA Policy for Delinquent Accounts I. Possesses thorough understanding of Covenants, Bylaws, Handbook and Colorado Common Interest Ownership Act, Part 3 re: Management Oversee the Fire Mitigation Committee A. Coordinates slash pile burning with Fire Department B. Reviews and updates Community Wildfire Protection Plan annually C. Works with Social Committee 1. Reviews Association event plans 2. Helps committee determine annual social budget and presents it to Board for approval I Monitors Antelope Valley Ranch water diversion situation General/Shared Duties and Power of the Board of Directors (CCIOA 38-33.3-302) - Adopt and amend bylaws and rules and regulations - Adopt and amend budgets for revenues, expenditures and reserve - Collect assessments for common expenses from unit owners - Hire and terminate managing agents and other employees, agents and independent contractors - institute, defend or intervene in litigation or administrative proceedings in its own name on behalf of itself or two or more unit owners on matters affecting the common interest of the community - Make contracts and incur liabilities - Regulate the use, maintenance, repair, replacement and modification of common elements; cause additional improvements to be made as a part of the common elements - Acquire, hold, encumber and convey in its own name any right, title or interest to real or personal property, subject to the following exceptions: - Common elements in or planned community may be conveyed or subjected to a security interest only pursuant to section 38-33.3-312; and (II) part of a cooperative may be conveyed, or all or part of a cooperative may be subjected to a security interest, only pursuant to section 38-33.3-312; (i) grant easements, leases, licenses, and concessions through or over the common elements; Page 4 of 7
- Impose and receive any payments, fees or charges for the use, rental or operation of the common elements other than limited common elements described in section CCIOA 38-33.3-202 (1)(b) and (1)(d); (k) (I) impose charges for late payment of assessments; recover reasonable attorney fees and other legal costs for collection of assessments and other actions to enforce the power of the Association, regardless of whether or not suit was initiated, and after notice and an opportunity to be heard, levy reasonable fines for violations of the declaration, bylaws, and rules and regulations of the Association - Impose reasonable charges for the preparation and recordation of amendments to the declaration or statements of unpaid assessments; (m) provide for the indemnification of its officers and executive Board and maintain directors' and officers' liability insurance; (n) assign its right to future income, including the right to receive common expense assessments, but only to the extent the declaration expressly so provides; (o) exercise any other powers conferred by the declaration or bylaws; (p) exercise all other powers that may be exercised in this state by legal entities of the same type as the association; and (q) exercise any other powers necessary and proper for the governance and operation of the association. (2) The declaration may not impose limitations on the power of the association to deal with the declarant that are more restrictive than the limitations imposed on the power of the association to deal with other persons. (3) (a) Any managing agent, employee, independent contractor, or other person acting on behalf of the association shall be subject to this article to the same extent as the association itself would be. (b) Decisions concerning the approval or denial of a unit owner s application for architectural or landscaping changes shall be made in accordance with standards and procedures set forth in the declaration or in duly adopted rules and regulations or bylaws of the association, and shall not be made arbitrarily or capriciously. (4) (a) The Association s contract with a managing agent shall be terminable for cause without penalty to the Association. Any such contract shall be subject to renegotiation. Additional Yearly Board Duties (All Board members contribute) To Be Assigned: - Review and update Association Insurance Policies - Coordinate and confirm with Association Agent, the filing of the Corporate Annual Report as required by the Secretary of State - Coordinate and confirm with the Association Agent yearly filing of the Association's registration with the Department of Regulatory Agency (DORA) Cuerno Verde Committees Architectural Control Committee Duties I. Possesses thorough understanding of Covenants, Bylaws and Handbook Possesses understanding of pertinent portion of the CCIOA Part I, specifically: A. 38-33.3-106.5. Prohibitions contrary to public policy, pg 9 as posted Page 5 of 7
B. 38-33.3-106.7 Unreasonable restrictions on energy efficiency measures, pg 12 as posted I Reviews owner plan submissions for accuracy and completeness; makes written recommendations to Board for approval or disapproval Tracks building projects on Excel spreadsheet and briefs ongoing project progress at each Board meeting V. Conducts site visits to verify building setbacks from property lines, and verifies consistency with submitted plans Fire Mitigation Committee Duties I. Maintains CVOA Community Wildfire Protection Plan I Pursues Fire Mitigation grant monies Educates membership on fire mitigation Coordinates and serves as liaison with Wet Mountain Fire Protection District, Fire Chief, Custer County Office of Emergency Management and Colorado State Forester V. Provides information and links to Webmaster for posting on CVOA website VI. Conducts Community Emergency Response Team training Nomination and Outreach Committee Duties I. Seeks members who are interested in filling vacant Board member positions A. Submits candidate names, bios and recommendations to Board to fill vacancies via appointment caused by resignation or B. Submits candidate names, bios and recommendations to Board to fill vacancies up for vote at the Annual Meeting caused by term completion I Works with Board to finalize candidate bio information to be used along with annual Ballot mailed to members prior to Annual Meeting and used at Annual Meeting for election of Board members Seeks qualified members to serve on HOA committees; submit names, brief bio and recommendation to Board and Current Committee Chair Social Committee Duties I. Plans clubhouse socials Page 6 of 7
A. Monthly social nights B. 4 th of July picnic C. Annual Meeting and luncheon I Works with Board to identify social budget items necessary to include in the Association s annual budget Assembles committee members, as needed Association Semiannual Water Reporting Monitor Duties i. Sends out semi-annual (July and December) water report notices to members in Filing 3-6 to report water usage I Submits water report to Board and to Colorado Department of Natural Resources Maintains water reporting on Excel spreadsheet Maintains water reporting Excel spreadsheet V. Coordinates with Treasurer to ensure water reporting list names, emails and addresses are kept up-to-date Page 7 of 7