HRCA Delegates and Directors

HRCA Delegates’ and Directors’ Duties,

Responsibilities, and Expectations

HRCA Delegates’ and Directors’ Duties,

Responsibilities, and Expectations

BasisBasis

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

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

TermsTerms

Duty: binding legal obligation

Power: ability to accomplish objective

Liability: corporate and/or personal

Duty: binding legal obligation

Power: ability to accomplish objective

Liability: corporate and/or personal

Delegate ResponsibilitiesCommunity DeclarationDelegate 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

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 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

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 ExpectationsDelegate Expectations

Attend Annual and Special Meeting of Delegates

Attend monthly Delegate Meeting

Read updates and HRCA Newsletters

Represent their District

Attend Annual and Special Meeting of Delegates

Attend monthly Delegate Meeting

Read updates and HRCA Newsletters

Represent their District

Director Duties and Powers 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

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’ DutiesDirectors’ 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

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 PowerDirector Power

Acquire property and construct improvements Adopt rules and regulations Enforce the Declaration and rules and regs Provide Public Functions Provide services to sub-associations Provide special services for members Charge for facilities and services Grant easements

Acquire property and construct improvements Adopt rules and regulations Enforce the Declaration and rules and regs Provide Public Functions Provide services to sub-associations Provide special services for members Charge for facilities and services Grant easements


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

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


General corporate powers

Trash collection

Regulate use of HRCA facilities

Manage the affairs of the Association

Delegate authority but not responsibility

General corporate powers

Trash collection

Regulate use of HRCA facilities

Manage the affairs of the Association

Delegate authority but not responsibility

Director Responsibilities (Finance)Director Responsibilities (Finance)

Maintenance funds

Other funds

Deposits

Disbursements

Common Assessments

Funding reserve funds

Supplemental common assessments

Maintenance funds

Other funds

Deposits

Disbursements

Common Assessments

Funding reserve funds

Supplemental common assessments


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

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


Notice of default and acceleration of assessments

Lawsuit to enforce assessments

Lien to enforce assessments

Estoppel certificates

Notice of default and acceleration of assessments

Lawsuit to enforce assessments

Lien to enforce assessments

Estoppel certificates

Director Responsibilities (Architectural)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

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 ExpectationsDirector 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

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 LiabilitiesDirectors 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

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

HRCA Delegates and Directors

Economy & Finance

Transcript of HRCA Delegates and Directors