SMOKY
HILL HOMEOWNERS ASSOCIATION
Meeting Policy
RECITALS:
A.
Colorado Revised Statute 38-33.3-209.5(1)(b)(III)
requires the Association to adopt a policy pertaining to the conduct of
meetings.
B.
This policy is not intended to take the place of or
invalidate provisions contained in the Association’s Bylaws, or the Colorado
Revised Nonprofit Corporation Act: the policy is intended to incorporate
provisions of Senate Bill 100 into the Association’s procedures for meetings of
both the members and the board.
Members
Meetings
Each
meeting of the Members of the Association shall be called at least once per
year in accordance with the provisions of the Colorado Common Interest
Ownership Act, and with the Association’s Bylaws or operative sections of the
Association’s other governing documents.
In the event the Association’s governing documents are silent with
respect to a specific issue, the provisions of the Colorado Revised Nonprofit
Act will control.
All
meetings of the Members shall proceed on issues generally set forth in the
notice required by Colorado Revised Statute 38-33.3-308 and in accordance with
the written order of business unless a majority of Members in person or proxy
vote to amend the written order of business.
In the event a written order of business has not been produced for the
meeting, the following order of business shall apply:
1.
Call to
Order
2.
Approval
of prior Members Meeting Minutes
3.
Open
Forum
4.
Election
of Board of Directors (if applicable)
5.
Adjournment
All
meetings of the Members shall be open to attendance by all Members of the
Association or their duly appointed representatives.
Notwithstanding
the status of a member’s right to vote at a meeting of the Members, each
Member, or a duly appointed representative, may speak at the appropriate time
during the deliberations after being recognized by the chair of the meeting and
based on the reasonable time restrictions imposed by the Board. Reasonable time restrictions shall include
the requirement that a reasonable number of persons are permitted to speak on
each side of an issue before a vote is called for the issue.
Voting
for positions on the Board of Directors shall be taken by secret ballot and
upon the request of one or more Lot owners, the vote on any other matter
affecting the Common Interest Community on which all other Lot owners are
entitled to vote, shall be by secret ballot.
A neutral third party, or by a Lot Owner who is not a candidate will
count the ballots. If the ballots are
to be counted by a Lot Owner, that person must be selected randomly from a pool
of two or more Lot owners who are not candidates. The results of a vote by secret ballot shall be reported without
reference to names, addresses, or other identifying information respective to
the parties casting secret ballots.
Proxy voting shall proceed in strict
compliance with Colorado Revised Statutes Sections 38-33.3-310 and 7-127-203.
In
the event a quorum is not present for a meeting of the Members, an officer may
adjourn the meeting to be reconvened at a later date and time.
Board
of Directors Meetings
Each
meeting of the Board of Directors shall be called in accordance with the
provisions of the Colorado Common Interest Ownership Act, and the Association’s
Bylaws or operative sections of the Association’s governing documents. In the event the Association’s governing
documents are silent with respect to a specific issue, the provisions of the
Colorado Revised Nonprofit Act will control.
Meetings
of the Board of Directors shall proceed on issues as generally set forth in the
agenda. The agenda will be made
reasonably available to members and their duly appointed representatives.
Unless
the Board of Directors is in executive session, pursuant to subsection 308 of
the Colorado Common Interest Ownership Act, all meetings of the Board of
Directors or a committee thereof are open to attendance by all Members of the
Association or their duly appointed representative.
The
following procedures are established to encourage the efficient conduct of
Board meetings:
1.
Board
meetings shall follow appropriate parliamentary procedure pursuant to the
Association’s governing documents.
2.
Members
may participate in the meeting only by being recognized individually by the
chair of the meeting. Normally this is
allowed only during the open forum section of any meeting that shall take place
after the meeting is called to order and the minutes of any prior meetings are
approved.
3.
All
members attending the meeting who intend to speak in any fashion shall be
required to sign the appropriate sign-in sheet for that meeting. Members shall be recognized in the order in
which they sign in, except upon special permission by the Board of
Directors. To the extent that members
wish to speak to specific issues on the agenda, those members shall designate
those issues on the sign-in sheet and indicate what side of each issue that
member will speak to.
4.
Members
must wait to speak until recognized by the chair of the meeting.
5.
Members
must speak in a calm manner and conduct themselves with respect of all those in
attendance.
6.
Members
shall keep their comments to no more than five minutes or such other time limit
as designated by the chair of the meeting.
The
Chair of the meeting has all authority to enforce this policy. The failure to comply with this policy may
result not only in the denial of the ability to speak at that meeting, but may
result in the speaker being removed from the meeting. These provisions may be in addition to other specific provisions outlined
in the rules and regulations, the Declaration, By Laws or Articles of
Incorporation of the Association. The
Association may at any time pursue legal remedies, including filing a court
action and seeking injunctive relief, or seek assistance from other enforcement
authorities.
This Meeting Policy may be amended,
from time to time, by the Board of Directors.
In the event a court of competent
jurisdiction finds a provision of this policy void or otherwise unenforceable,
the other provisions shall remain in full force and effect.
Procedure adopted this 10th day of January, 2006 by
Resolution of the Board of Directors.
_______________________________
Ron Weidman, President
Board of Directors
Smoky Hill Homeowners Association