Hrca Delegates and Directors Duties
Transcript of Hrca Delegates and Directors Duties
HRCA Delegates’ and Directors’ Duties,
Responsibilities, and Expectations
Basis
Community Declaration (CC&R’s) Covenants, Conditions, and Restrictions Recorded against every Privately Owned Site Contract between Owner and the HRCA Supplemental Declaration Articles of Incorporation Bylaws
Terms
Duty: binding legal obligation
Power: ability to accomplish objective
Liability: corporate and/or personal
Delegate ResponsibilitiesCommunity Declaration
Delegates elect Directors One vote for each privately owned site Serve as Delegate for a District Authorize the Board of Directors to convey property with 2/3
voting approval Authority to approve increase in the assessments greater than
120% from preceding year with 2/3 voting approval
Delegate ResponsibilitiesCommunity Declaration
Authority to approve increase in Maximum Common Assessment (cumulative CPI based) (2/3 voting approval)
Authority to approve Special Assessments for capital expenditures (2/3 voting approval)
May amend the Articles of Incorporation May Amend the Bylaws
Delegate Expectations
Attend Annual and Special Meeting of Delegates Attend monthly Delegate Meeting Read updates and HRCA Newsletters Represent their District
Director Duties and Powers
Acting through the Board, HRCA shall have these duties and powers:
Duties: Accept property and facilities from Declarant Pay taxes Maintain casualty insurance Maintain liability insurance Obtain fidelity coverage for persons handling cash
Directors’ Duties
Other insurance (e.g. workers’ compensation) Prepare budgets Levy and collect assessments Provide audit Assist Architectural Committee as outlined in Article X. Follow all applicable local, State and Federal Laws
Director Power
Acquire property and construct improvements
Adopt rules and regulationsEnforce the Declaration and rules and regsProvide Public FunctionsProvide special services for membersCharge for facilities and servicesGrant easements
Director Power
Convey and dedicate property (with approval of 2/3 Delegate voting power)
Borrow money and mortgage property (with approval of 2/3 of Delegate voting power)
Employ managers Engage employees, agents, and consultants
Director Power
General corporate powers Trash collection Regulate use of HRCA facilities Manage the affairs of the Association Delegate authority but not responsibility
Director Responsibilities (Finance)
Maintenance funds Other funds Deposits Disbursements Common Assessments Funding reserve funds Supplemental common assessments
Director Responsibilities (Finance)
Limitations of assessments (thresholds to exceed requires 2/3 voting power of Delegates)
Annual Budgets Special assessments for capital expenditures (requires 2/3 voting
power of Delegates) Reimbursement assessments Late charges and interest
Director Responsibilities (Finance)
Notice of default and acceleration of assessments Lawsuit to enforce assessments Lien to enforce assessments Estoppel certificates
Director Responsibilities (Architectural)
Appoint Architectural Committee Members Approve Rules and Guidelines Appoint Tribunals for appeals
Hear and make determinations on Tribunal recommendations (improvements to property and non-compliance)
Lawsuits to enforce architectural matters Estoppel Certificates
Director Expectations
Attend monthly Board Working Session Attend Delegate Meetings Attend Board Meetings Attend other meetings (Metro District, Team Highlands Ranch, etc.) Understand Director Roles Represent HRCA at community events and activities Understand Director Roles, Duties, Powers, and Responsibilities Lead Special Projects in support of the HRCA Strategic Objectives
Directors Have Liabilities
Fiduciary Duty Duty of undivided loyalty Conflict of interest Uniform and consistent enforcement of rules Uniform and consistent enforcement of
collections Corporate liability Personal liability