AMENDED AND RESTATED DECLARATION
OF COVENANTS, CONDITIONS AND RESTRICTIONS OF
STRAWBERRY ACRES SUBDIVISION
This Amended and Restated Declaration of Covenants, Conditions and restrictions of Strawberry Acres Subdivision (Declaration) is made this 18th day of January, 2007 by Strawberry Acres Homeowners' Association, a Colorado non-profit corporation (Association).
A. Declaration of Covenants, Conditions and Restrictions of Strawberry Acres Subdivision, Filing One (Declaration One) was duly recorded with the Office of the Clerk and Recorder of Mesa County, Colorado, in May 1, 1976, at Reception No. 1108737, Book 1068, at Page 772.
B. Declaration of Covenants, Conditions and Restrictions of Strawberry Acres Subdivision, Filing Two (Declaration Two) was duly recorded with the Office of the Clerk and Recorder of Mesa County, Colorado, on November 15,1976, at Reception No. 1120204, Book 1086, at Page 214.
C. Declaration of Covenants, Conditions and Restrictions of Strawberry Acres Subdivision, Filing Three (Declaration Three) was duly recorded with the Office of the Clerk and Recorder of Mesa County, Colorado, on March 3, 1977, at Reception No. 1605810, Book 1096, at Page 733.
D. Declaration of Covenants, Conditions and Restrictions of Strawberry Acres Subdivision, Filing M (Declaration Four) was duly recorded with the Office of the Clerk and Recorder of Mesa County, Colorado, on December 8,1977, at Reception No. 1147777, Book 1129, at Page 25.
E. An Amendment of Declaration of Restrictive Covenants was duly recorded with the Office of the Clerk and Recorder of Mesa County, Colorado on April 5, 1978, at Reception No. 1156849, Book 1143, Page 576 (Amendment One).
F. A Declaration and Amendment was duly recorded with the Office of the Clerk and Recorder of Mesa County, Colorado on May 4, 1978, at Reception No. 1159593, Book 1147, Page 835 (Amendment Two), by which all the land in Strawberry Acres Filings 1, 2, 3 and 4 became subject to 'Declaration Four and Declarations One, Two and Three, along with all amendments thereto, became of no further force and effect.
G. Owners in Strawberry Acres, Filings 1, 2, 3 and 4, by agreement as provided in Article XIII, Section 3 of Declaration Four, amended Declaration Four and indicated their desire to restate it in its entirety, incorporating the amendments. Signatures of the Owners are on file with the Secretary of the Association memorializing their agreement.
H. By this Declaration, the Owners desire to amend and restate Declaration Four in its entirety including any amended language. This new document shall be recorded in the real property records of the Mesa County and shall run with and bind the real property that is subject to this Declaration to the same extent and in the same manner as Declaration Four.
WHEREFORE, pursuant to Article XXIII, Section 3 of Declaration Four, and Amendment Two, Declaration Four is amended and restated in its entirety to provide as follows:
THIS DECLARATION, made on the date hereinafter set forth by Charles D. Ricks, Charlotte A. Ricks and Systematics Corporation, hereinafter referred to as "Adulterant."
WHEREAS, Adulterant is the owner of certain property in Strawberry Acres Subdivision, County of Mesa, State of Colorado, which is more particularly described as:
Strawberry Acres Subdivision, Filing #4 Lots 4 through 10 inclusive. Block 4 Lots 1 through 18 inclusive. Block 8 Lots 1 through 19 inclusive, Block 7 Lots S. through 14 inclusive. Block 6
NOW, THEREFORE, Adulterant hereby declares that all of the properties described above shall be held, sold and conveyed subject to the following easements, restrictions, covenants, and conditions, which are for the purpose of protecting the value and desirability of, and which shall run with, the real property and be binding on all parties having any right, title or interest in the described properties or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof.
Section 1. "Association" shall mean and refer to Strawberry Acres Homeowners Association, its successor and assigns.
Section 2. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any Lot which is a part of the Properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation.
Section 3. 'Properties" shall mean and refer to that certain real property hereinbefore described, and such additions thereto as may hereafter be brought within the jurisdiction of the Association.
Section 4. "Common Area" shall mean all real property (including the improvements thereto) owned by the Association for the common use and enjoyment of the owners. The Common Area to be owned by the Association at the time of the conveyance of the first lot is described as follows:
A tract of land located in a part of the SW 1/4 NW 1\4 of Section 15, T.1S, R.1E, Ute Meridian, Mesa County, Colorado, being more particularly described as follows:
Commencing at the SW Comer of the SW 1\4 NW 1\4 of said Section 15 and considering the South line of the SW 1\4 NW 1\4 of said Section 15 to bear S. 890 57’40" E. with all bearings contained herein relative thereto;
Thence S. 89° 57'40" E. along said South line of the SW 1\4 NW 1\4 of Section 15 a distance of 480.00 feet to the Southwest Comer of Strawberry Acres-Filing No. Two as filed and recorded in the office of the Mesa County Clerk and Recorder;
Thence N. 00° 02' 20" E. along the Westerly boundary of said Strawberry Acres Filing No. Two a distance of 130.00 feet to the Northwest Comer of said Strawberry Acres Filing No. Two and the TRUE POINT OF BEGINNING.
Thence continuing N. 00° 02' 20" E. 299.46 feet to the Northeast Comer of Lot 2, Block One of Strawberry Acres Filing No. One as filed and recorded in the office of the Mesa County Clerk and Recorder. Thence along the Southerly Boundary of Filings No. Three and No. Four as filed and recorded in the office of the Mesa County Clerk and Recorder by the following Eight (8) courses and distances:
(1) N 9Oo 00’ 00”E 19.70 feet
(2) Thence along the arc of a curve to the right whose radius is 111.33 feet and whose long chord bears S. 81° 28' 08" E 33.03 feet
(3) Thence along the arc of a curve to the left whose radius is 161.33 feet and whose long chord bears S. 81 ° 28 ' 09" E 47.86 feet to the S.E. corner of said Strawberry Acres Filing No. Three
(4) N. 90° 00’ 00" E 50.00 feet
(5) Thence along the arc of a curve to the left whose radius is 50.00 feet and whose long chord bears S. 67° 30’ 00” E 92.39 feet
(6) S. 450 00’ 00" E 20.71 feet
(7) N. 90° 00' 00" E 100.00 feet to the SE Comer of Lot 1, Block Seven of said Strawberry Acres Filing No. Four
(8) S. 0° OO’ 00” W 106.56 feet to the SW Comer of Lot 16, Block Seven of said Strawberry Acres Filing No. Four
Thence S. 86°47' 56" W 20.21 feet; thence S. 00° 02' 20" W 130.00 feet to the Northeast Comer of Lot 3, Block Nine of said Strawberry Acres Filing No. Two; Thence N. 89° 57' 40" W along the Northerly boundary of said Strawberry Acres Filing No. Two a distance of 329.64 feet to the TRUE POINT OF BEGINNING, Containing 2.053 Acres.
Section 5. '"Lot" shall mean and refer to any plot of land shown upon any recorded subdivision map of the Properties with the exception of the Common Area.
Section 6. “Declarant” shall mean and refer to Charles D, Reicks, Charlotte A. Reicks and Systematics Corporation, its successors and assigns if such successors or assigns should acquire more than one undeveloped Lot from the Declarant for the purpose of development.
ARTICLE II
PROPERTY RIGHTS
Section 1. Owners' Easements of Enjoyment. Every owner shall have a right and easement of enjoyment in and to the Common Area, which shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions:
(a) the right of the Association to charge reasonable admission and other fees for the use of any recreational facility situated upon the Common Area;
(b) the right of the Association to suspend the voting rights and right to use of the recreational facilities by an owner for any period during which any assessment against his Lot remains unpaid; and for a period not to exceed 60 days for any infraction of its published rules and regulations;
(c) the right of the Association to dedicate or transfer all or any part of the Common Area to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the members. No such dedication or transfer shall be effective unless an instrument agreeing to such dedication or transfer signed by two-thirds (2/3) of each class of members has been recorded.
Section 2. Delegation of Use. Any owner may delegate, in accordance with the By-Laws, his right of enjoyment to the Common Area and facilities to the members of his family, his tenants, or contract purchasers who reside on the property.
ARTICLE III
MEMBERSHIP AND VOTING RIGHTS
Section 1. Every owner of a lot which is subject to assessment shall be a member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot, which is subject to assessment.
Section 2. The Association shall have two classes of voting membership:
Class A. Class A members shall be all Owners, with the exception of the Declarant, and shall be entitled to one vote for each Lot owned. When more than one-person holds an interest in any Lot, all such persons shall be members. The vote for such Lot shall be exercised as they determine, but in no event shall more than one vote be cast with respect to any Lot.
Class B. The Class B member(s) shall be the Declarant and shall be entitled to three (3) votes for each Lot owned. The Class B membership shall cease and be converted to Class A membership on the happening of either of the following events, whichever occurs earlier:
(a) when the total votes outstanding in the Class A membership equal the total votes outstanding in the Class B membership, or
(b) on January 1,1979.
ARTICLE IV
COVENANT FOR MAINTENANCE ASSESSMENTS
Section 1. Creation of the Lien and Personal Obligation of Assessments. The Declarant, for each Lot owned within the Properties, hereby covenants, and each Owner of any Lot by acceptance of a deed therefore, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association: (1) annual assessments or charges, and (2) special assessments for capital improvements, such assessments to be established and collected as hereinafter provided. The annual and special assessments, together with interest, costs, and reasonable attorneys' fees, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with interest, costs and reasonable attorneys' fees, shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fell due. The personal obligation for delinquent assessments shall not pass to his successors in title unless expressly assumed by them.
Section 2. Purpose of Assessments. The assessments levied by the Association shall be used exclusively to promote the recreation, health, safety, and welfare of the residents in the Properties and for the improvement and maintenance of the Common Area.
Section 3. Maximum Annual Assessment. Until January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment shall be One Hundred Twenty Dollars ($ 120.00) per Lot.
(a) From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment may be increased each year not more than 5% above the maximum assessment for the previous year without a vote of the membership.
(b) From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment may be increased above 5% by a vote of two-thirds (2/3) of each class of members who are voting in person or by proxy, at a meeting duly called for this purpose.
(c) The Board of Directors may fix the annual assessment at an amount not in excess of the maximum.
Section 4. Special Assessments for Capital Improvements. In addition to the annual assessments authorized above, the Association may levy, in any assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Common Area, including fixtures and personal property related thereto, provided that any such assessment shall have the assent of two-thirds (2/3) of the votes for each class of members who are voting in person or by proxy at a meeting duly called for this purpose.
Section 5. Notice and Quorum for Any Action Authorized under Sections 3 and 4. Written notice of any meeting called for the purpose of taking any action authorized under Section 3 or 4 shall be sent to all members at such time and in such manner as is required by policies, procedures, rules or regulations promulgated by the Board of Directors of the Association provided that such policies, procedures, rules or regulations shall be construed to be consistent with applicable Colorado law. At the first such meeting called, the presence of members or of proxies entitled to cast sixty percent (60%) of all the votes of each class of membership shall constitute a quorum. If the required quorum is not present," another" meeting may be called subject to the same notice requirement, and the required quorum at the subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting.
Section 6. Uniform. Rate of Assessment. Both annual and special assessments must be fixed at a uniform rate for all Lots and may be collected on a monthly basis.
Section 7. Date of Commencement of Annual Assessments. Due Dates. The annual assessments provided for herein shall commence as to all Lots on the first day of the month following the conveyance of the Common Area. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The Board of Directors shall fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every Owner subject thereto. The due dates shall be established by the Board of Directors. The Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the association setting forth whether the assessments on a specified Lot have been paid. A properly executed certificate of the Association as to the status of assessments on a lot is binding upon the Association as of the date of its issuance.
Section 8. Effect of Nonpayment of Assessments: Remedies of the Association. •Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of six percent (6%) per annum. The Association may bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien against the property. No owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Area or abandonment of his Lot.
Section 9. Subordination of the Lien to Mortgages. The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage. Sale or transfer of any Lot shall not affect the assessment lien. However, the sale of transfer of any Lot pursuant to mortgage foreclosure or any proceeding in lieu thereof, shall extinguish the lien of such assessments as to payments which became due prior to such sale of transfer. No sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the Lien thereof,
ARTICLE V
LAND USE AND BUILDING TYPE
No lot shall be used except for residential purposes- No building shall be erected, altered, placed or permitted to remain on any lot other than one detached single family dwelling not to exceed two stories in height and a private garage for not more than two cars,
ARTICLE VI
ARCHITECTURAL CONTROL
No building, fence, wall or other structure shall be commenced, erected or maintained upon the Properties, nor shall any exterior addition to or change or alteration therein be made until the plans and specifications showing the nature, kind, shape, height, materials, and location of the same shall have been submitted to and approved in writing as to harmony of external design and location in relation to surrounding structures and topography by the Board of Directors of the Association, or by an architectural committee composed of three (3) or more representatives appointed by the Board. In the event said Board, or its designated committee, fails to approve or disapprove such design and location within thirty (30) days after said plans and specifications have been submitted to it, approval will not be required and this Article will be deemed to have been fully complied with:
ARTICLE VII
DWELLING COSTS, QUALITY AND SIZE
No dwelling shall be permitted on any lot at a cost of less than $15,000.00 based upon cost levels prevailing on the date these covenants are recorded, it being the intention and purpose of the covenants to assure that all dwellings shall be of a quality of workmanship and materials substantially the same or better than that which can be produced on the date these covenants are recorded at the minimum cost stated herein for the minimum permitted dwelling size. The ground floor area of the main structure exclusive of one-story open porches and garages shall not be less than 680 square feet for a dwelling of more than one story.
ARTICLE VIII
BUILDING LOCATION
No buildmg shall be located on any lot nearer to the front lot line or nearer to the side street line than any minimum building set back lines which may be shown on the recorded plat. In any event no building shall be located on any lot nearer than twenty-five feet to the front lot line, nor nearer than ten feet to any side street line. No building shall be located nearer man five feet to an interior lot line. No dwelling shall be located on any interior lot nearer than twenty-five feet to the rear lot line. For the purpose of the covenant, eaves, steps and open porches shall not be considered as part of a building, provided, however, that this shall not be construed to permit any portion of a building on a lot to encroach upon another lot
ARTICLE IX
LOT AREA AND WIDTH
No dwelling shall be erected or placed on any lot having a width of less than 75 feet at the minimum building set back line nor shall any dwelling be erected or placed on any lot having an area of less than 9,000 square feet.
Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded plat.
No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood.
No unlicensed automobile shall be parked or stored on any lot and open to public view. Where an unlicensed auto is kept on its premises it shall be stored in an enclosed garage.
ARTICLE XIII
TEMPORARY STRUCTURES
No structure of a temporary character, trailer, basement, tent, shack, garage, barn or other out-building shall be used on any lot at any time as a residence either temporarily or permanently.
Political campaign signs shall be permitted to be displayed on Lots only to the extent provided by policies, procedures, rules or regulations promulgated by the Board of Directors of the Association provided that such policies, procedures, rules or regulations shall be construed to be consistent with applicable local ordinance or other governing law. No sign of any other kind, type, or nature shall be displayed to the public view on any Lot or Common Element except one sign of not more than five (5) square feet advertising the Lot for sale or rent, or signs used and erected by a builder to advertise the Property during the period when construction and sales of any dwelling occur. Signs on the Common Elements are governed by the Association.
ARTICLE XV
DRILLING, OIL AND MINING OPERATIONS
No oil or water well drilling, oil or water development operations, oil refining, quarrying or mining operations of any kind shall be permitted upon or in any lot, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any lot. No derrick or other structure designed for use m boring for oil or natural gas shall be erected, maintained or permitted upon any lot.
ARTICLE XVI
LIVESTOCK AND POULTRY
No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot, except that dogs, cats or other household pets may be kept, provided they are not kept, bred, or maintained for any commercial purposes.
ARTICLE XVII
GARBAGE AND REFUSE DISPOSAL
No lot shall be used or maintained as a dumping ground for rubbish- Trash, garbage or other waste shall not be kept except in sanitary containers. All incinerators or their equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition.
ARTICLE XVIII
DUST CONTROL
It shall be the responsibility of each lot owner to provide within six (6) months of occupancy of the dwelling a ground control to prevent the blowing of dirt that may be offensive to the other occupants. Ground control shall be the planting of grass or other suitable ground cover which covers the entire lot except for an area so designated for the use of a garden.
ARTICLE XIX
SIGHT DISTANCE AT INTERSECTIONS
No fence, wall, hedge, or shrub planting which obstructs sight lines at elevations between 2 and 6 feet above the roadways shall be placed or permitted to remain on any comer lot within the triangular area formed by the street property lines and a line connecting them at points 25 feet from the intersection of the street lines, or as in the case of a rounded property comer from the intersection, of the street property lines extended. The same sight line limitations shall apply on any lot within 10 feet from the intersection of a street property line with the edge of a driveway or alley pavement. No tree shall be permitted to remain within such distances of such intersections unless the foliage line is maintained at sufficient height to prevent obstruction of such sight lines.
ARTICLE XX
STREET LIGHTING
Present and subsequent owners of property in the area proposed to be served are subject to and bound by present and future Public Service Company of Colorado tariffs applicable to street lighting filed with the Public Utilities Commission of the State of Colorado.
ARTICLE XXI
ARCHITECTURAL CONTROL COMMITTEE MEMBERSHIP
The architectural control committee is composed of Charles D. Reicks, Thomas E, Folkestad and John Folkestad, all of Grand Junction, Colorado. A majority of the committee may designate a representative to act for it. In the event of death or resignation of any member of the committee, the remaining members shall have full authority to designate a successor. Neither the members of the committee nor its designated representative shall be entitled to any compensation for services performed pursuant to this covenant. At any time, the then record owners of the lots shall have the power through a duly recorded written instrument to change the membership of the committee or to withdraw from the committee or restore to it any of its powers and duties.
The committee's approval or disapproval as required in these covenants shall be in writing. In the event the committee, or its designated representative, fails to approve or disapprove within thirty days after plans and specifications have been submitted to it, or in any event, if no suit to enjoin the construction has been commenced prior to the completion thereof, approval will not be required and the related covenants shall be deemed to have been fully complied with.
ARTICLE XXIII
GENERAL PROVISIONS
Section 1. Enforcement. The Association, or any Owner, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Association or by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter.
Section 2. Severabilitv. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions, which shall remain in full force and effect.
Section 3. Amendment. The covenants and restrictions of this Declaration shall run with and bind the land, for a term of twenty (20) years from the date this Declaration is recorded, after which time they shall be automatically extended for successive periods often (10) years. This Declaration may be amended by the affirmative vote or agreement of not less than sixty-seven percent (67%) of the Lot Owners. Any amendment must be recorded.
Section 4. Annexation. Additional residential property and Common Area may be annexed to the Properties with the consent of two-thirds (2/3) of each class of members.
Section 5. PHA/VA Approval. As long as there is a Class B Membership, the following actions will require the prior approval of the Federal Housing Administration or the Veterans Administration: Annexation of additional properties, dedication of Common Area, and amendment of this Declaration of Covenants, Conditions and Restrictions.
The Association agrees that the Declaration is amended to include the above-referenced amendments. This Amended and Restated Declaration will be recorded with the Office of the Clerk and Recorder of Mesa County, Colorado in order to memorialize the amendment of the Declaration.
BYLAWS Of STRAWBERRY ACRES HOMEOWNERS' ASSOCIATION
ARTICLE I
NAME AND LOCATION
The name of the corporation is Strawberry Acres Homeowners' Association, a nonprofit corporation (Association). The principal office of the corporation shall be P. 0. Box 40121, Grand Junction, Colorado 81504/ Grand Junction, Colorado 81504, but meetings of members and directors may be held at such places within the State of Colorado, County of Mesa, as may be designated by the Board of Directors.
ARTICLE II
DEFINITIONS
Section 1. "Association" shall mean and refer to Strawberry Acres Homeowners' Association, its successors and assigns.
Section 2. "Properties" shall mean and refer to that certain real property described in the Declaration of Covenants, Conditions and Restrictions, a copy of which appears in the corporate minute book, and any additions that are subsequently brought within the jurisdiction of the Association.
Section 3. "Common Area" shall mean all real property owned by the Association for the common use and enjoyment of the Owners.
Section 4. "Lot" shall mean and refer to any plot of land shown upon any recorded subdivision map of the Properties with the exception of the Common Area.
Section 5. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of the fee simple title to any Lot which is a part of the Properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation.
Section 6. '"Declarant" shall mean and refer to Charles D. Reicks, Charlotte A. Reicks, and Systematics Corporation, its successors and assigns, if such successors or assigns should acquire more than one undeveloped Lot from the Declarant for the purpose of development.
Section 7. "Declaration" shall mean and refer to the Declaration of Covenants, Conditions and Restrictions applicable to the Properties recorded on December 2, 1977, in Book 1129, Page 25, in the office of Mesa County Clerk and Recorder, Mesa County, Colorado
Section 8. "Member" shall mean and refer to those person entitled to membership as provided in the Declaration. As dictated in Article of the Declaration, Members who have not paid annual dues nor special assessments may not vote nor may they use the common area.
ARTICLE III
MEETINGS OF MEMBERS
Section 1. Annual Meetings. The first annual meeting of the Members shall be held within one year from the date of incorporation of the Association, and each subsequent regular meeting of the Members shall be held each year at a date and time to be determined by the Board of Directors of the Association (Board).
Section 2. Special Meetings. Special meetings of the Members may be called at any time by the president of the Association or by the Board of Directors, or upon written request of the members who are entitled to vote twenty percent (20%) of all the votes of the Class "A" membership.
Section 3. Notice of Meetings. Written notice of each meeting of the Members shall be given by, or at the direction of, the secretary or person authorized the call the meeting, by mailing a copy of such notice, postage prepaid, to each Member entitled to vote at least seven (7) days before such meeting. The written notice shall be addressed to the Member's address last appearing on the books of the Association, or supplied by such Member to the Association for the purpose of notice. Alternatively, notices may be hand delivered to Members at least seven (7) days before such meeting. Such notices shall specify the place, date and hour of the meeting, and in the case of a special meeting, the purpose of the meeting.
Section 4. Quorum. One-tenth (1/10) of the Members represented in person or by proxy shall constitute a quorum at any meeting of the Members for any action except as otherwise provided in the Articles of Incorporation, the Declaration or these Bylaws. If a quorum is not present or represented at any meeting, the Members entitled to vote shall have power to adjourn the meeting from time to time, without notice other than announcement at the meeting, until a quorum is present or represented. Every decision made by a majority of the Members present at a meeting at which a quorum is present shall be the act of the Members. By way of example, if there were 91 Members in the Association, 10 Members would constitute a quorum. A vote by 6 of the 10 Members would be a binding decision of the Members.
Section 5. Proxies. At all meetings of Members, each Member entitled to vote may vote in person or by proxy. All proxies shall be in writing and filed with the secretary. Every proxy shall be revocable and shall automatically cease upon conveyance by the Member of his Lot.
ARTICLE IV
BOARD OF DIRECTORS; SELECTION; TERM OF OFFICE
Section 1. Number. The affairs of the Association shall be managed by a mandatory Board of nine (9) directors, who shall be Members of the Association. These nine directors will consist of five (5) Board Members and four (4) Quorum members.
Section 2. Term of Office. At the first annual meeting, the Members shall elect three (3) directors for a term of one year, three (3) directors for a term of two years, and three (3) directors for a term of three years, and at each annual meeting thereafter, the Members Eligible to Vote shall elect three (3) directors for a term of three years. No Member may serve in the same position longer than a term of three (3) years, but he can serve in the same position after setting out at least one year.
Section 3. Removal. Any director may be removed from the Board, with or without cause, by a majority vote of the Members of the Association. In the event of death, resignation or removal of a director, his successor shall be selected by the remaining members of the Board and shall serve for the unexpired term of his predecessor.
Section 4. Compensation. No director shall receive compensation for any service he may render to the Association- However, any director or person appointed by the Board to provide services for the Association may be reimbursed for his actual expenses incurred in the performance of his duties provided a) such services are pre-approved by the Board and b)receipts showing expenses are rendered before reimbursement.
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 at a meeting of the directors.
ARTICLE V
NOMINATION AND ELECTION OF DIRECTORS
Section 1. Nomination. Nomination for election to the Board may be made by a Nominating Committee, if, in its discretion, the Board determines that a Nominating Committee would be useful or efficient. Nominations may also be made from the floor at the annual meeting. If the Board appoints a Nominating Committee, it shall consist of a Chairman who shall be a member of the Board, and two or more Members of the Association. The Nominating Committee shall be appointed by the Board prior to each annual meeting of the Members, to serve from the close of such annual meeting until the close of the next annual meeting and such appointment shall be announced at each annual meeting. The Nominating Committee shall make as many nominations for election to the Board as it, in its discretion, shall determine, but not less than the number of vacancies that are to be filled.
Section 2. Election. Election to the Board may be by voice vote, show of hands, secret written ballot, or any other manner that Board shall deem appropriate. At such election, the Members or their proxies may cast, in respect to each vacancy, as many votes as they are entitled to exercise under the provisions of the Declaration. The persons receiving the largest number of votes shall be elected. Cumulative voting is not permitted.
ARTICLE VI
MEETINGS OF DIRECTORS
Section 1. Regular meetings. Regular meetings of the Board shall be held at least one time per year, at such place, time and date as determined by the Board.
Section 2. Special Meetings. Special meetings of the Board shall be held when called by any director of the Association. Written, electronic, or verbal notice of such meetings shall be given to each director not less than three (3) days prior to such special meetings.
Section 3. Quorum. A majority of the number of directors shall constitute a quorum for the transaction of business. Every act or decision done or made by a majority of the directors present at a duly held meeting at which a quorum is present shall be regarded as the act of the Board.
ARTICLE VII
POWERS AND DUTIES OF THE BOARD OF DIRECTORS
Section 1. Powers. The Board shall have the power to:
(a) Adopt and publish rules and regulations governing the use of the Common Area and facilities, and the personal conduct of the members and their guests thereon, and to establish penalties for the infraction thereof.
(b) Suspend the voting rights and right to use of the recreational facilities of a member during any period in which such member shall be in default in the payment of any assessment levied by the Association. Such rights may also be suspended after notice and hearing, for a period not to exceed 60 days for infraction of published rules and regulations;
(c) Exercise for the Association all power, 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;
(d) Declare the office of a member of the Board to be vacant in the event such member shall be absent from three (3) consecutive regular meetings of the Board: and
(e) Employ a manager, an independent contractor, or such other employees as it deems necessary, and to prescribe their duties.
Section 2. Duties. It shall be the duty of the Board to:
(a) Keep a complete record of all its acts and corporate affairs and to present a statement thereof to the members at the annual Meeting of the Members, or at any special meeting when such statement is requested in writing by one-half {1/2) of the members who are entitled to vote;
(b) Supervise all officers, agents and employees of the Association, and to see that their duties are properly performed;
(c) As more fully provided in the Declaration, to:
(1) Fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period; and
(2) Send written notice of each assessment to every Owner subject thereto at least thirty (30) days in
advance of each annual assessment period; and
(3) Foreclose the lien against any property for which assessments are not paid within thirty (30) days after due date or to bring an action at law against the Owner personally obligated to pay the same.
(d) 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;
(e) Procure and maintain adequate liability and hazard insurance on property owned by the Association.
(f) Cause officers or employees having fiscal responsibilities to be bonded, as it may deem necessary or appropriate; and
(g) cause the common area to be maintained.
Section 3. Indemnification and Limited Liability: The liability of a director or officer to the Corporation or to its members shall be eliminated and directors and officers of the Corporation shall be indemnified for any liabilities to the fullest extent permitted by the laws of the State of Colorado.
ARTICLE VIII
OFFICERS AND THEIR DUTIES
Section 1. Enumeration of officers. The officers of the Association shall be a president,vice president/irrigation director and vice president/mechanical director, who shall at all times be members of the Board, a secretary and a treasurer, and such other offices as the Board may from time to time by resolution create.
Section 2. Special Appointments. The Board may elect other offices as the affairs of the Association may require, each of whom shall hold office fro such period, have such authority, and perform such duties as the Board may, from time to time, determine.
Section 3. Vacancies. A vacancy in any office may be filled by appointment by the Board. The officer appointed to such vacancy shall serve for the remainder of the term of the officer he replaces.
Section 4. Multiple Offices. The offices of secretary and treasurer may be held by the same person. No person shall simultaneously hold more than one of any of the other offices except in the case of special offices created pursuant to Section 4 of this article.
Section 5. Duties. The duties of the officers as follows:
(a) The president shall preside at all meetings of the Board; shall see that orders and resolutions of the Board are carried out; shall sign all leases, mortgages, deeds and other written instruments and shall co-sign all checks and promissory notes.
Vice-President/Irrigation Director
(b) The Vice-president shall act in the place and stead of the president in the event of his/her absence, inability or refusal to act, shall oversee the association irrigation system, and shall exercise and discharge such other duties as may be required of him by the Board.
Vice-President/Mechanical Director
(c) The vice-president/mechanical director shall act in the place and stead of the president or vice-president/irrigation director in the event of his/her absence, inability or refusal to act, shall oversee the mechanical needs of the association, and shall exercise and discharge such other duties as may be required of him by the Board
Secretary/Activities Chairperson
(d) The secretary shall record the votes and keep the minutes of the meetings and proceedings of the Board and of the Members; keep the corporate seal of the Association and affix it on all papers requiring said seal; service notice of meetings of the Board and of the Members; keep appropriate current records showing the Members of the Association together with their addresses. Will post minutes of all meetings on the web page, will coordinate and direct all planned activities and/or fund raising events, and shall perform such other duties as required by the Board.
(d) The treasurer shall receive and deposit in appropriate bank accounts all monies of the Association and shall disburse such funds as directed by resolution of the Board; shall sign all checks and promissory notes of the Association; keep proper books of account; cause an audit or review of the Association books to be made by a public accountant not less often than once every three (3) years; and shall 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 IX
COMMITTEES
The Board may appoint an Architectural Control Committee, as provided in the Declaration, and a Nominating Committee, as provided in these Bylaws. In addition, the Board may appoint other committees as deemed appropriate in carrying out its purpose.
ARTICLE X
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, the Articles of Incorporation and the Bylaws of the Association shall be available for inspection by any Member at the principal office of the Association, where copies may be purchased at reasonable cost.
As more fully provided in the Declaration, each Member is obligated to pay to the Association annual and special assessments, which are secured by a continuing lien upon the property again which the assessment is made. Any assessments which are not paid when due shall be delinquent. If the assessment is not paid with thirty (30) days after the due date, the assessment shall bear interest from the date of delinquency at the rate of 6 percent per annum, and the Association may bring an action at law against the Owner personally obligated to pay the same or foreclose the lien against the property, and interest, costs and reasonable attorneys' 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 by non-use of the Common Area or abandonment of his Lot.
ARTICLE XII
CORPORATE SEAL
The Board may adopt a corporate seal of such design, as it deems appropriate.
Section 1. These bylaws may be amended, at a regular or special meeting of the Members, by a vote of a majority of a quorum of Members, present in person or by proxy. These Bylaws may also be amended by the Board.
Section 2. 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 and these Bylaws, the Declaration shall control.
ARTICLE XIV
MISCELLANEOUS
Section 1. 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.
Section 2. Safety. In conjunction with Article XII of the Declaration of Covenants, trailers, boats, recreational vehicles, remodel dumpsters, storage containers, and any other item owned or rented may not be parked on the street or common area but must be kept on the user's lot. ***Exception: fourteen days parking allowed but must have written approval from the board beyond that time.
Section 3. Trash. In conjunction with Article XVII of Declaration of Covenants trash of all kinds must be deposited m sanitary containers and be disposed of weekly.
Section 4. Weed control. In conjunction with Article XVIII of the Declaration of Covenants, weeds shall not be allowed to grow over six (6) inches high on any portion of any property.
Section 5. Fines. Violations of the above sections {1, 3, 4) will result in fines if homeowners fail to remedy the problem when notified by certified mail by the Board. Fines will not exceed the actual cost of remedying the problem and failure to pay the fines will result in a lien being place on the property.
These Bylaws constitute the original Bylaws of the Association dated 1977, the 2006 resolution as adopted by the Board incorporating amendments and any additional amendments put forth by the board and quorum on this date.
In witness whereof, we, being all of the directors and quorum members of the Strawberry Acres Homeowners Association, have hereunto set our hands this 21st day of March, 2010.
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The Covenants & Bylaws
