SMOKY
HILL HOMEOWNERS ASSOCIATION
Procedures for Adoption and Amendment of Policies,
Procedures and Rules
RECITALS:
A. Colorado Revised Statute ("C.R.S.")
38-33.3-209.5(1)(b)(vii) requires the Association to adopt procedures for the
adoption and amendment of policies, procedures, and rules.
B. C.R.S. 38-33.3-302(1)(a) authorizes the Association
to adopt and amend Bylaws, Rules, and
Regulations.
C. The Association's Bylaws and governing
documents authorize the Board of Directors to administer the affairs of the
Association.
THEREFORE, IT IS RESOLVED THAT the following
procedures shall apply to the Association's policy, procedure and rule making
authority:
1. The Board of Directors in its sole discretion
shall determine if there is an issue affecting the Community for which a
policy, procedure or rule would be beneficial.
The Board of Directors may also review all current policies, procedures,
rules and regulations to determine whether any modifications or amendments are
necessary. The timing of any such
review shall be in the sole discretion of the Board of Directors.
2. The
Board will investigate and discuss the reasonable approaches to address the
issue affecting the Community.
3. Pursuant
to C.R.S. 7-128-401(2)(b), the Board may rely on opinions, information, or
statements of its experts, including legal counsel, in investigating reasonable
approaches to address the issue(s) affecting the Community.
4. For
purposes of this procedure, the Board will take reasonable steps to avoid adopting
a policy, procedure, or rule that is contrary to Federal, State, or local law
or the Association's Articles of Incorporation, Bylaws, or Declaration; as well
as exercising reasonable care to balance the Association's interests with the
interests of the individual Members of the Community.
5. Once
the Board has investigated the issue and discussed the reasonable approaches to
address the issue, the Board shall provide notice to the Members of the issue
and the proposal(s) to address the issue by adopting a policy, procedure, or
rule or amending an existing policy, procedure or rule.
6. The
Board having determined that an issue affects the community for which a policy,
procedure, or rule would be beneficial, and discussed reasonable approaches to
address the issue, may adopt such policy, procedure, or rule at the discretion
of the Board, by Resolution.
Procedure adopted this 13th day of December, 2005
by Resolution of the Board of Directors.
_______________________________________
Ron
Weidmann, President
Smoky
Hill Homeowners Association Board of Directors