HomeMy WebLinkAboutDRB080470 �t
Design Review Board
ACTION FORM
Department of Community Development
TOM OF vvk' ' 75 South Frontage Road, 'Jail, Colorado 81657
tel: 970.479.2139 fax: 970.479.2452
001WAiNlry DEVEWPMEN7 web: www.vailgov.com
Project Name: BORSTAD RES. RAILING DRB Number: DRB080470
Project Description:
Addition of new patio railings.
Participants:
OWNER BORSTAD, DARLENE 09/24/2008
2079 CHAMONIX LN 8
VAIL
CO 81657 -4971
APPLICANT BORSTAD, DARLENE 09/24/2008
2079 CHAMONIX LN 8
VAIL
CO 81657 -4971
Project Address: 2079 CHAMONIX LN VAIL Location:
UNIT 8, VAIL HEIGHTS
Legal Description: Lot: 15 Block: Subdivision: VAIL HEIGHTS CONDO
Parcel Number: 2103 - 114 - 0302 -0
Comments: See Conditions
BOARD /STAFF ACTION
Motion By: Action: STAFFAPP
Second By:
Vote: Date of Approval: 09/24/2008
Conditions:
Cond: 8
(PLAN): No changes to these plans may be made without the written consent of Town of
Vail staff and /or the appropriate review committee(s).
Cond: 0
(PLAN): DRB approval does not constitute a permit for building. Please consult with
Town of Vail Building personnel prior to construction activities.
Cond: 201
(PLAN): DRB approval shall not become valid for 20 days following the date of
approval, pursuant to the Vail Town Code, Chapter 12 -3 -3: APPEALS.
Cond:202
(PLAN): Approval of this project shall lapse and become void one (1) year following
the date of final approval, unless a building permit is issued and construction is
commenced and is diligently pursued toward completion.
Cond: CON0010338
The applicant shall construct the new deck railings to match the existing deck
railing located directly above in terms of architectural style and design,
dimensions, materials, and color.
Cond: CON0010339
The applicant shall install the new deck railings only on the east and west sides of
the deck per the H.O.A. approval.
Planner: Warren Campbell DRB Fee Paid: $250.00
Minor Exterior Alterations ,
Application for Design Review
JI M Department of Community Development
75 South Frontage Road, Vail, Colorado 81657
��t
��'11O! Vi h ' tel: 970.479.2128 fax: 970.479.2452
web: www.vailgov.com
General Information:
All projects requiring design review must receive approval prior to submitting a building permit application. Please
refer to the submittal requirements for the particular approval that is requested. An application for Design Review
cannot be accepted until all required information is received by the Community Development Department. The
project may also need to be reviewed by the Town Council and /or the Planning and Environmental Commission.
Design review approval lapses unless a building permit is issued and construction commences within
one year of the approval.
Description of the Request: 64-1 C at )
Location of the Proposal: Lot:_ Block: Subdivision: V � "�e lrn �Js
Physical Address: ��.�y 4 0 04,n t'11X. LASI — V O-Q, �i its l) ►1 O
Parcel No.: a i V 3 A U30'20 (Contact Eagle Co. Assessor at 970- 328 -8640 for parcel no.)
Zoning: I s
Name(s) of Owner(s):
Mailing Address: 2 GJ G",wuo)A � L a, v\z- UA l — 9/ V (MX , W c l (o -+
Phone:
Owner(s) Signature(s): A G r�Jw I
Name of Applicant:
Mailing Address:
Phone:
E -mail Address: Fax:
Type of Review and Fee:
❑ Signs $50 Plus $1.00 per square foot of total sign area.
❑ Conceptual Review No Fee
❑ New Construction $650 For construction of a new building or demo /rebuild.
❑ Addition $300 For an addition where square footage is added to any residential or
commercial building (includes 250 additions & interior conversions).
❑ Minor Alteration $250 For minor changes to buildings and site improvements, such as,
(multi-family/commercial) painting, window additions, landscaping, fences and
retaining walls, etc.
Minor Alteration $20 For minor changes to buildings and site improvements, such as,
le-family/duplex) amily /duplex) re- roofing, painting, window additions, landscaping, fences and
�� retaining walls, etc.
El Changes to Approved Plans + $20 For revisions to plans already approved by Planning Staff or the
Design Review Board.
❑ Separation Request No Fee
For Office se Only:
Fee Paid: Check No.: By: t�r� eke. ��C��tiJ
Meeting Date: DRB No.:
Planner: Project No.:
Town of Vail,
This letter is for the approval of Dar Borsted's deck railing. The Vail Heights HOA will
allow liar to put up railing on her deck to the HOA specifications including.
1. The deck railing may not be installed on the front of the deck being visible from the
road.
2. The deck railing must only be installed on the east and west sides of the deck with the
railing running north to south.
3. The railing must match exactly existing railing located above i.e. color, size, shape,
spacing, ect.
4. The existing deck must match the color of the new railing and the existing deck and
railing above.
5. Gutter down spout must be re- installed per Town of Vail code and HOA satisfaction.
6. If the guidelines above are not followed the railing will be removed by HOA at owners
expense.
With. all conditions met we will approve the project.
Vail Heights Board,
Title 17 Signature Date o? DS
Title y �.,tV Signatur
Date
_�' Z
f e Si tur to g
C con
11 3
y � wo k oarJ m eoAers
C-
TOWN OF VAIL, COLORADO Statement
Statement Number: R080001734 Amount: $20.00 09/24/200810:12 AM
Payment Method: Cash Init: JLE
Notation: DARLENE
BORSTAD
-----------------------------------------------------------------------------
Permit No: DRB080470 Type: DRB -Minor Alt,Comm /Multi
Parcel No: 2103- 114 - 0302 -0
Site Address: 2079 CHAMONIX LN VAIL
Location: UNIT 8, VAIL HEIGHTS
Total Fees: $20.00
This Payment: $20.00 Total ALL Pmts: $20.00
Balance: $0.00
ACCOUNT ITEM LIST:
Account Code Description Current Pmts
-------------- - - - - -- ------------------------ - - - - -- ------ - - - - --
DR 00100003112200 DESIGN REVIEW FEES 20.00
t
DESIGN REVIEW
APPROVAL STAFF
2006 Annual Meeting Minutes
Vail heights Condo Association
Annual Meeting
September 19, 2006
l;ric calls meeting to order at 7:12pm
Attendees:
#24_.canna
#3 -Eric
, -Dee
I
#7 -Earl
#8 -Dar
#9-.leff
# 10 -Gary
#4-Tina (proxy) votes only received
f +12 -Nancy (proxy) Jeff voted for her
FINANCIAL PRESENTATON
-,fart I larirnan, treasurer. Earl did an internal audit which dated hack to 2002. Ile found 2 mistake{ from previous
officer(s) that cost the association $250.00 + $325.00. Association will probably have to eat the mistakes. -`file
association is currently running on an operational basis, meaning the. dues off 16A are, going towards the expense. of
running the tondo, is insurance, heat, water, trash, etc. There is no exi:ess money Saved up towards t.uture C penses. i.e.
new boiler, deck, major repairs, etc... The association has adopted this type of strategy to keep I 10 dues low. This
strategy was discussed and voted on in the past by all owners at the annual meeting. - Expenses have increase steadily
particularly due to the rising of gas prices. Our heating bill during the winter months have jumped froth $500 -6i10 per
month to $1000 -1100 compared to a few years ago. Specifically on 1/23/02 the cost of fteating, the building was 538.30
on 1/22/03 the cost of heating the building was 452.08 on 1 /23/06 the cost of heating the building; was 1141.76 Snow
plowing has jumped from approximately $500 to $800. -Earl. our treasurer has suggested raising our dues to at least
"JS 175 /month in order te, offset the rising cosrof our ox3.)e:nsus. l'sarl has provided us reports of the: WA-of operwing
expenses year to date as well as a comparison of expenses from this year vs. previous year. 'I lie report is available upon
request by contacting Earl Hartman. -The association had recently stop the salt delivery for water softener va hich saved
about $250 per month but we have resumed it again due to recent survey of owners. The majority of the owners said
they wanted son water.
VOTING ITEMS
I. Clary #10 to have an exterior vent: yes, unanimous. Brief discussion had to do a similar vent for the caretaker unit
was entertained.
2. liar #8 wants a porch railing, similar to the ones from upstairs, yes. unanimous contingent upon the tu:wt of vail's
approval and completion of previous deck project (specifically addressing drainage from roof that was ntodifled for her
new deck and has not yet been completed in a professional manner.)
3. Raising HOA to $200.00 in order to create a savings account to pay for future assessments that are eminent. i.e.
boiler and deck.. The association has elected to operate at an "itperzrticxta) crpense" strategy and tivould rather fray
special assessments for any projects when deemed necessary.
4. Providing compensation for HOA officers at the rate of $50.00! hr for work done on behalf the association. -no,
except for the treasurer. It is the belief from all the owners and officers that the time spent on the association is out of
the "labor of love" and having pride in ownership therefore no compensation for the outer ol9icers is necessary.
Ilowever. the association has voted to pass a resolution to compensate the treasurer at the flat rate equal to the current
cost of the HOA dues on a monthly basis with a limit set at $250.00 per month. The work that Earl has put forth far
exceeds his compensation. We all should thank him for all the work he has done liar the association. flood job F.arl!!!
5. Replacement of top front decking in front of units 1 -4. -yes, unanimous pending a gathering of 3 written bids for the
Job. Currently we have t bid from [less Contracting at $5600 for parts and labor. Dar and Jcff will obtain ncc other 2
bids and will submit the bids to the board by the end of the month. 'Thanks Dar and Jeff'!
6. Repair caretaker's unit's shower and leaky drain and hallway damagk: resulting from such icaks. -yes : Currently the
have I verbal hid from "fucker. The cost is $2250 using fiberglass insert vs. $40(H) for the entire replacement, 2 more
bids will be obtained by Dee and Eric. Thanks Dee and Eric! As a side note, money spent maintaining the caretaker's
unit is tax deductible.
The association went through a brief overview of the caretaker's duties. Rent for the caretaker will be reduced if the
caretaker completes his caretaker duties which involve general maintenance of the building and ground. These. duties
include but are not limited to mowing the lawn. shoveling snow off the sidewalk, raking the leaves, ehan_oing fight
bulbs, taking out the trash, picking up dog poop on a daily basis. and dusting the laundry room. etc. Vhe association has
asked Banks_ our caretaker to document his hours and the work being done on a monthly basis. "f he duties shnuJ take
approximately 15 hours per month ( sometimes more and sometimes !css 0 were• no issues V,ith the iarcta:i ::r and
the association. Banks is doing a great job and Banks reported being satisfied with the current arrangenwm.
Lxcess income transferred to replacement funds rt. Section I IR. Y ,; , a sohanon tv a MO. tc,f.
8. Fix gutter and on East side of the building at the cost of $800. Yes A vw;ttcr, hid has hcCIn review by 16c .an k;..d
and will prevent future pitting
OLD BUSINESS
Reiteration of past methodologies for running the business of the IiOA and gauging the comtiart level of owner,, with
how things are run and hear suggestions for improvements. - President: is to sa the t.imc for the annual meeting with a
10 day written notice. - Secretary: checking mail and typing minutes from the meetings. -*Treasurer: managing tiC
Iinancia.l affairs of the association and assisting in other maters and or -,forking with the board to coordinate [tic
business of the IIOA.
NEW BUSINESS
- Production of basic financial yearly reports and what was spent and where. [ :art has the ability to gcneratc reports
(from quicken). Everyone is welcome to see the reports. Please schedule an appoirr.t;tent with Earl if necessary or make
requests via email A financial report will be given at the annual meeting.
- Raising off 10A fees to offset the rising cost of expense,.. particulark the price orinca?ing.
-� yes, 2 no`s, I abstain: Due to the important nature of the decision. the owners present at the annual mee:ti,is, have
decided to allow other owners who were not able to attend or proxy to vote. 'They will have until Friday Sept. 290 t
Spm to submit a vote. Failure to submit a vote, will result in a vote of abstain to he -Whnnitted an their hc;haif. So Par the
"ves' have it unless all the other owners vote no,
OTHER ISSUES
The association has switched our insurance policy from Allstate to American Family hnsurance. F;arl got us better
coverafge al lower premium. 'Thanks Earl. ISO recently did an audit ol'our building and has 3 issues with us.
]a, cement sidewalks are pitting at the entrance on the East side of building. Pining must he filled (closed i flatten) to
avoid trips and falls.
2.a no charcoal grills whatsoever on the property.
2.1i propa e grills must be at least 10 teet away from the property. A follow -up call will be rnadc to determine [fit was
a suggestion or a request.
(Side note ) the association is requesting that anyone working for the association he covered by a health insurance to
avoid association's liability.
2c (question ) Are electric grills are acceptable is issue will be addressed with American Famil} insurance.
3. Flower boxes should not hang on rails such that they can fall on soutcone helovv ... Hower boxes will be mounted by
the caretaker in the spring on the inside of the rails. The current flower boxes have been removed by thc c nretaker.
'I he audits of the books. The by -laws states that we must have an annual audit by a CPA The association has okayed an
internal audit (via a resolution that was adopted in the past ) Thcre was a request to make pure this decision is within
the scope ofstate laws. (wary / Earl will double -check to make sure this previous modification is acceptable.. The
question that was discussed was does the sire of the condo association impact tic neccs\ity for an extcrim! audit'! We
did spend a large portion of savings in the past on an external audit.. The audit did not produce anything; that we could
not Ina%e produced ourselves and audit was very expensive. Anyone is welcome to scc financial statements upon
request. i
ParkinO lots. Our parking lot needs to be weeded, cracks need to be scaled and patched up. Thu issue is h6ng tabled
pending research and 3 bids for the cost of the maintenance. ARer our nneeting Vl'i; y. Mir president did sonic work in
the parking lot to reduce the weeds. Thank You Fric.
ELECTION OF OFFICIERS
Eric for president. All in favor. Eric accepts
L,eanna for secretary. All in favor. Leanna accepts.
Earl for treasurer. , 1Il in favor. Earl accepts contingent on other ov. ners gettinc; inyoly d, i.e, getting the mail and going
through the mail once a month with him. Also he is requesting to he. able to spend tip S2 at his discretion to help
make the building look nice. He is specifically requesting the existing budget for flowers remain intact to improve the
appearance of the building in the spring and summer months.
I. .'ric closes meeting at 9:26pm
I
4'
i
2006 Annual Meeting Minutes
Fail Heights Cando Association
annual ;/letting
`entember IQ. 2006
I ric calls meeting to order at 7:12pm
�ttcndcta:
, '- i:catilla
'b.t}
-tsar[
"Y -l)ar
ire) -(cf€
' 104 iar-,
br4 itia tproxyi v otes only received
t: I''- Nana• (proxy) Jeff voted for her
FINANCIAL PRESENTATON
-Carl I lartnian, treasurer. Earl did an internal audit which dated back to 2002. fie found 2 mi;rakes horn previous
officer(si that cost the association $250.00 + $325.00. Association w ill probably have t eat the ml� takes. - € he
asrt.raUun is currently running on an operational basis, meaning the due, 111' I it A :tr'e going twmirih the cifleuItc of
- - wmitw the condo. ie insurance. heat. water. trash, etc. here is tie, c%ccs`: moticv sa.vc,i up toward'; ILlttil•l' cN lIrnscs. !.:.
t+orlcr. a leck, major repairs. etc.. - "file association has adopted this type of stratcg) to kelp I IOA duns lov +. 'I Ills
r • �N,Ls discussed and voted on in the past by all owners at the annual incefinv. I.tipcnse. have increase stcadily.
„� ui ^rip due to the rising of gas prices. Our heating hill during, the m -inter moriflls hav c jumped front x;500 - 0 her
,;:th it S 1000 - 1 100 compared to a few years ago. Specifically on 1 23/02 the cost of heating, the buildiir;,; vt:,:, 538. 0
t!?
the rust of healing the building was 452.08 lilt 1;2106 !he. Cori of heating the building vva� I I I €.'•tt tint�,1
. .: -A 1 illinped from appro \imatel Wo to $800. -I tari. our ucastirei hit. : Our ducs it) ;it Ica
iwni;i; to order to offset the nsing cost ol"our expcus.:a. iiarl Itas pro% idtxi ua rcpoi is of tlic cost ill operating
[,tiust }car to date as well as a comparison of expenses from this year vs. previous year. '[lie report i" available upon
rcy„Gca ht contacting Earl Hartman. -ihe association had recently Stop the sail delivery for water sullener which saved
!n ,:,r X250 per month but we have resumed it again due to recent survey of owner.. I he majority of the owners said
canted soft water.
V" I ING ITEMS
III to have an exterior vent: yes, unanimous. Rricf discussion had to do 1 �:irnilar vent for this c wl;A%%r unit
• i ar i :8 %Aanls a porch railing,. Similar to the one` f rom u pstairs. yeti. unanittlolls Co litngen! upotl t he :Amn of Call
pprc at sad completion of previous deck palest (specifically addres. tmg drainage trom roof that vi nrodiii,al lot her
and has not yet been completed in a prof�sstonal manner, ?
n i1OA to `200.00 to order to cr,:atc a savings account to pav for future: asst . that arc
I (.Wk. 'lite association has elected to operate at an "ol ctNiten,e"' :araice} and v%ouki niliv, ! pa..
,1,41 us: +essrnents for any prctiects when deemed necessary.
,l t'rov iom.,! compensation for 110A officers at the rate of $50.00i fir for work done. on behalf the a�sociatinn. - no.
ctt cpt litr the treasurer. 1t is the belief trom all the owners and officers that the tune spent on the: a"oeirtttrn is out of
the -labor of [live" and having pride in ownership therelorc no compen.mition for the other oflic.rs is ncc•ca:tr\ .
I lm\cver. the association has voted to pass a resolution to contpcttsate the treasurer st the flat rate equal to tile' ctunni
c oa Ol'the I I0.A Clues on a monthly basis with it limit set at `F250.(1t) per ruonth. •l he hook that f salt has trill fo! lh €:1
as hip compensation. We all should thank him lilt all the \%ork he has dune tin the assuciaron t s,c,d ;ub I .ail „ '
lleplacement of top front decking in tront ofonits 1 -4. -yes. unaliitnous pending a gathering of 3 writie:n, bids Gtr the
oi l, urrently we have I bid from Hess Contracting at S90) liar parts and labor. 1)ur and Jell' will obtain Ilic ttihet
:111(i vi ill submit the bids to the board by the end of the month. l•lianks Dar and It' -W
6. Repair caretaker's unit's shower and leaky drain and hallway damage resulting from such leaks. -y._, : t ur'f•t•1111t xc
hoic I verbal bin€ from Tuckcr. The cost is $2:50 using fiberglass !nsen 1ti. ` 4000 In! ihe. emorc rcpiacct,uilr. i::,1:c
i /i,L; vn€l he obtained by i)ee and Fric. thank:, Dee and 1•:ric! As a side note. rilono ,petit nlainiamin,t the c•arctar.cr•s
nn+r is tat deductible.
Th a,.,ociation went through a brief overview of the caretaker's dut.ie;. Rent tier the caretaker 101 be iv:Mc: d if ii1�
:+mrtaktr completes his caretaker duties which involve general maintenance o1 the building and grounds. I ll. <c cttn ies
includv but are not limited to mowing the lawn, shoveling snow oll'the sidc%valk. rakitig the ttih eti. viiam-m, ftthc
Iaking. out the trash, picking up doe poop on a daily basis. and thl,ting the hnirldIN roonl. Cie. I ilk- a" f,cialmn lid;
a kr:.• Bank;. otir caretaker to document his horirs and the work heing dolle on ;t Illonthly ha>i . 1 hr ill rtI -- ;IlolIId Iakf`
kiiately 15 hours. per month 1 sollletilllcs more. and sollict in lc!� less I I here mwrc no i >sth:S ti it I file L at cl,"ikc1 aia�i
hr i ;;OCI ill ion. Banks is doing a great job and hanks reported being ;zti;ti ;d ,tilh the. current main ult !1t.
1 .ce;, income transferred to replacement funds its section 118, l c:, rc >olution wv, ;ldopiecti.
". I S\ vi,uer ;nld on Fast side of the building at the cost of S3(Nt. Yes -1 written hid ha h :c!1 rk: ! t, h`. I lit :md 1 )It
toil .� +II l�rcvt nl tiaunr pilling.
OL 111!SiNF.SS
K,.ilclauoll of past tile[ hoclologics for running the business ol'the I I0A and ganging If+t oirnikfrl Icticl o f oC.11t•l" il
lio„ Ihnl!ts are run and hear sugvestions Iilr improvements. - President is to the liner tilt' the annual nu'cting ttt!h :1
Ili dat kk6licn notice. - Secretary: checking mail and typing minutes from the meclwl: . - I reastilci: in;nla:rin, !il
11 ";IllciEll ;1!falrs of the association `rind assistin in othcr mater: and or k' orkiw_ NA lilt !ft, hIMI ! to coor+llil.l'li
hil;ittcss of the I IOA.
'v EM RUSINFSS
- Prodnciion of basic financial yearly reports and what +.tins spent and where. Fart has the ab ill,`. to ,pcner:llc reporl
; Ilom quickcnl. I \Cryonc is welcome to sec the rcporls. Please .chcdi tic an appoinunt 1, ith i'ari it rile: a; f r make
rt•yucst; i is entail. A Iinancial report will be given at the annual meetim:.
- Pat;uig oft IOA ices to offset the rising cost ol•cspcuscs. parliculatiy the pt icc of 11CM11
no' ;. I abstain: Due to the important Mature of the deelsioll. the mti llcrc prc'enl ;it the annli ai
iii CKICLI i0 Sliow otiler owners who were not able to attend or plo\X Ill \ ow. hies it lit loo C. ilrll!i I id;+` . `ill+ ;i:
arm to submit a vote, Failure to submit a vote. will restdt in a % ote of all'aain to ht• ,tlI)iIliutd fill Ihc•ir halafl tin i.+r
; him e it unless all the other owners vote nu.
1t i ll LR ISSUES
has switched our insurance policy from Allst to : rneric an I Froth in n cc. I a rl i!t ii; i`c!?cl'
:ii lot +cr premium. Thanks Barn. ISO recently did an audit oi our huildiu_+ and h :i� , r w• iic ,tsth us.
rI 1 ,i-jewalks are pitting at the entrance on the Last side of building. flitting iriu be til!,'d fa If Ilalten) In
and falls
t',+.+;1! 11rill< lvhatsoever on the property.
• , , op. m '.gills mull be at least 10 Icet aw :iy from the property A tolltm -up call „ili I made to chlerltlint if it ua:
I:e or it request.
no"�. i the association is requesting that anyone working fi,r the associattion he Covered by a licailh il)stlralwe to
:,.•.f.a u,n liability.
!,il: anon I 'Aue electric grills are acceptable'? ... 17hi% issue will ht: addre;,,ed % ith American i ,milt fnsurulce.
`.+could not hang on rails such that tile-, Gil fill on soniconc ill !,c mo unied by
!n ;hr ';print on the inside of the rails. I he current flower bo\cs have hcf:u rt:inovrd by lh�: t atclak,v
ilia: flooks. T he ht -laws states that %ve must hilly lilt annual iludif bk it ( 1'.\ HC d;ltKladol; 11&, uk.i,.d at!
ttl ,l la a t'CeplUtllln [bftl Ov a. adopted in the past)1'hcn na; ;! request to make lace fhi tl:':'1',!,M • +tlhitl
r, o! .State icnv,. Clary i I.•,arl will double -check to make ,tire this pici'ma" mottilicaiieln is acccpiai i ti,
: ;I ;! ,has Jisrtrssed was doles the size ofllie condo asocial loll impact alit' Iiccr6,it, lit?" ,ill external auda
.! far ;:c• portion of savings in the past on stn external audit. I he audit (lilt non Plodlice ntlh;nit that w,' colild
produ ourseIllCS and audit was very expensive. Anyone i; tNelLol1w it) Sec iiiialic!:i6 tiltclllt'lll� il(aa q!
K! . ,, t i )m rarkin lot needs to he weeded. cracks need to he Se; /led ;old pinched utt. fill' i,:;ue i, hen,_! taFlal+
and i bills lot the Lost of the maintenance. AI'lo' our inceli w Fiit S our pre did ;once ;t +irk n,
!iac park mg. Ioi to reduce the weeds. Fhatlk You Eric.
IF I,1?( 1 - 10\ OF OFFICIERS
1 6k too p w- ,ident. All in favor. Eric accepts
1 , .liw,i toi >cc+etary. All in lavor. L.eanua accepts.
trcil;!ircr. 'kll ill tavot, hart accepts contingent on (ether owners petting__ tlicolWO.: Lc. ^06i11f. tilt.' tilaii xil1 ^girl^
t'.r,i h the snail once a month with him. Also he is requesting to be able to �pcnd up IQ ;0 al lilts d1wretion to 11, Ir t
n ; it .,: the buildin€ look nice. He i; specifically reque`;tim tilt' cm%linn hridpel ten IlUU t,'M1 wnuliL intacl to iniprON C 111.'
al anitict' of the building in the spring and summer ntcnnitS.
I IC CIOSe1. Meeting Ill 4:26pt11 .
I
I:.
'
From: <oswishen@vailgov.com>
To: <wcampbeU@vai|gov.nnm>
Date: 09/23/2008814PK8
U
Subject: Fw:
�
------ Original Message ------
From:JEFF_DARNALL@comuast.net
To: Coney
Sent: Sep 23.2U086:O5PM
U
Subject:
Corey,
here in the link you asked fnrvai|heights.00m. If you have anymore questions feel free to call. If Dar needs
more signatures we can gel them.
U Thanks,
Jeff Darnall
Sent from myVerizon Wireless B|ackBerry
�
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Tenants
TABLE OF CONTENTS
Photographs ARTICLE I: PURPOSE AND APPLICABILITY OF BYLAWS
1.1 Purpose of Association
1.2 Applicabilty
1.3 Definitions
1.4 Conflcts
1.5 Association Managed by Board of Directors
1.6 Scope of Powers of the Association
ARTICLE 11: MEMBERS OF THE ASSOCIATION
2.1 Menrbership
2.2 Meetings of the Association
23 Notice of Meetings
2.4 Conduct of Meetings
2.5 Majority Vote
2.6 Action without Meeting
2.7 Liability of Members
ARTICLE 111: BOARD OF DIRECTORS
3.1 Election, Number, Tenure and Qualifications
3.2 Powers
3.3 Vacancies
3.4 Renroval of Directors
15 Compensation of Directors
3.6 Delegation of Powers
3.7 Meetings of Directors
3.8 Notice of Meetings
3.9 Conduct of Meetings
3.10 Executive Sessions
3.11 Action without Meeting
3.12 Directors not Responsible for Loss
3.13 Linritation of Liability
3.14 Inderimification of Board and Others
3.15 Fidelity Bonds
ARTICLE IV: OFFICERS
4.1 Designation and Qualification
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4.2 Appointnent and Tenure
4.3 Renoval and Resignation
4.4 Vacancies
4.5 President
4.6 Secretary
4.7 Treasurer
4.8 Special Appointnents
ARTICLE V: DUTIES AND OBLIGATIONS OF BOAR OF DIRECTORS
5.1 Specific Duties
5.2 Prohibitions Contrar to Public Policv
5.3 Supplenrental General Principles of Law
5.4 Obligation of Good Faith
5.5 Responsible Governance Policies
5.6 Architectural and Landscaping Standards and Procedures
5.7 Anual Disclosures
5.8 Changes in nranagenrent or Location
5.9 Inspection of Books and Records
5.10 Board and Owner Education
5.11 Anual Budget
5.12 Audit
5.13 Conficts of Interest of Board Menrbers
5.14 Insurance
5.15 Assessnrents for Conmron Expenses
5.16 Enforcenrent
5.17 Association Records
ARTICLE VI: RULES AND REGULATIONS
6.1 Establishnent of Rules and Regulations
6.2 Fines
ARTICLE VII: AMENDMENT OF THESE BYLAWS
7.1 Anendnrent of the Bylaws
7.2 Scope of Anendnrents
ARTICLE Vill: MISCELLANEOUS PROVISIONS
8.1 Character of Association
8.2 Fiscal Policy
8.3 Corporate Seal
8.4 Captions
8.5 Nunrbers and Genders
ARTICLE 1: PURPOSES, DEFINITIONS, APPLICABILITY OF BYLAWS
1.1 Purpose of Association. The Association is a nonprofit corporation formed to
effectively
and efficiently regulate, operate and nranage the Vail Heights Condonriniunr
Association in
accordance with:
a. the Colorado Conmron Interest Ownership Act, § §38- 33.3 -101 et seq., eR.S., as
aiended (the "Act "), and
b. the Anended and Restated Condonriniun Declaration for the (Naie) Condonriniunr,
as aiended (the "Declaration ") recorded or to be recorded in the office of the Clerk
and
Recorder for Eagle County, Colorado, and
c. the provisions of these Bylaws, as anended, and
d. the applicable sections, if any, ofthe "Colorado Business Corporation Act ", aricles
101 to 117 oftitle 7, C.R.S., or the "Colorado Revised Nonprofit Corporation Act ",
aricles 121
to 137 oftitle 7, C.R.S.
1.2 Applicabilty. The provisions of these Bylaws are applicable to the Project, its
operation,
occupancy, ownership, nraintenance and use, and to all present and future Owners
and all
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persons in such Owner's Control Group.
1.3 Definitions. Unless separately defined in these Bylaws, or unless the context
otherwise
requires, the capitalized nanes, words and phrases used in these Bylaws shall have
the nreanings
set forth in the Act or Declaration.
1.4 Conffcts. In the case of a conflict between the Aricles of Incorporation and these
Bylaws,
the Aricles shall control. In the case of a conflct between the Declaration and these
Bylaws, the
Declaration shall control, except to the extent the Declaration is inconsistent with the
Act.
1.5 Association Managed by Board of Directors. The affairs of the Association shall
be
nranaged and adnrinistered by the Board of Directors (or "Board) in accordance with
these
Bylaws, the Declaration and the Act.
1.6 Scope of Powers of the Association. The Association nray take any action
defined in and
consistent with C.R.S. §38- 33.3 -302 or other applicable provisions of the Act.
ARTICLE II: MEMBERS OF ASSOCIATION
2.1 Menrbership. An Owner of a Unit shall autonratically be a Member of the
Association and
shall renrain a Member for the period of such Owner's ownership of a Unit. If title to
a Unit is
held by nrcre than one person, the nrenrbership in the Association for that Unit shall
be shared by
all such persons. An Owner shall be entitled to one nrenrbership for each Unit
owned. Each
nrenrbership shall be appurtenant to the Unit and shall be transferred automatically
by
conveyance ofthe Unit. No person or entity other than an Owner nray be a Menrber
ofthe
Association, but the rights of nrenrbership nray be assigned to a Mortgagee as further
security for
loans secured by a Mortgage or deed of trst on a Unit. No Owner shall be entitled to
a right of
fist refusal to purchase any Unit. The terms " Menrber" and "Owner" are synonynous.
2. 1.1 Transfer or Assignment of Membership. Menrbership in the Association is
appurtenant to and inseparable fronr the ownership of a Unit within the Project, and.
except as
stated elsewhere in these Bylaws, nray not be transferred or assigned.
2.2 Meetigs of the Association.
2.2.1 Annual Meetings. Anual nreetings of the Association shall be held durng the
first two weeks of August of each year, on a date set by the Board. Anual nreetings
shall be for
the purpose of electing the Board, consideration of the anual budget for the
Association, and of
transacting any other business that may properly conre before the Menrbers at such
nreeting.
2.2.2 Special Meetings. Special nreetings of the Association shall be held whenever
called by the Board or when requested by a petition of the Owners entitled to vote
and owning at
least twenty percent (20 %) of the interest in the Conrnron Elenrents.
2.2.3 Place and Time. Anual and special nreetings of the Association shall be held at
the locations and tinres designated by the Board in the notice of such nreetings.
2.3 Notice of Meetings. Written notice of any anual, regular or special nreeting of the
Association, stating the place, date and tinre of such nreeting shall be provided to
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each Owner not
nrcre then fifty (50) days before such nreeting and not less than ten (10) days before
such
nreeting. Any notice of a special nreeting shall specify the nature of the business to
be
undertaken at such nreeting. Any notice provided under this paragraph shall be
deenred received
by an Owner:
a. upon personal delivery to such Owner by handing it to thenr or by placing it under
the
door of the Unit, provided that the Owner occupies the Unit,
b. upon deposit in regular U.S. nrail or courier service, addressed to such Owner at
such
Owner's address on fie with the Association, whether or not ever received by such
Owner,
c. upon receipt by the Association of a nrachine- generated ac know] edgenrent of
successful transnrission by facsinrile copy to such Owner's facsinrile telephone
nunrber on fie
with the Association, if any, whether or not ever received by'such Owner, and /or
d. supplenrental notification by e -nrail transnrission nray be nrade to such Owner's e-
nrai 1
address on fie with the Association, provided that a -nrail conrnrunication has been
requested or
approved in wrting by such Owner, whether or not ever received by such Owner. The
Association shall provide notice of all regular and special nreetings of Owners by e-
nrail to all
Owners who so request and who furnish the Association with their e -nrail addresses.
e. notification by phone nray be used only to supplenrent the above forms of notice.
2.3.1 Notice regarding multiple ownership. Where a Unit is owned by nrcre than one
pary, notice to any Owner of such Unit shall be deenred notice to all Owners of such
Unit. Each
Owner shall be responsible for providing the Association with such Owner's nrailing
address,
facsinrile telephone nunrber (if any) and a -nrail address (if any), and shall be
responsible for
keeping such address, facsinrile telephone number (if any) and a - nrail address (if
any) current in
the event of any change. If an Owner has not provided the information required by
this
paragraph, any notice fronr the Association nray be sent to the address for the Owner
contained
in the records of the Assessor for Eagle County, Colorado, and such notice shall be
deenred
received by such Owner upon nrailing, whether or not ever received by such Owner,
23.2 Posting of Notice. In addition to notice to Owners as provided above, the notice
of
any nreeting of the Owners shall be physically posted in a conspicuous place, to the
extent that
such posting is feasible and practicable. If a website is nraintained by the
Association, all
nreeting notices and agendas shall be posted on the website, in addition to other
notice
requirenrents. The posted notice shall state the tinre and place of the nreeting and the
itenrs on
the agenda, including the general nature of any proposed anendnent to the
Declaration or
Bylaws, any budget changes, and any proposal to renrove an officer or nrenrber of
the Board.
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2.3.3 Waiver of Notice. Any Owner nray waive notice in wrting before or at any
anual or special nreeting ofthe Owners, and any Owner who attends an annual or
special
nreeting of the Owners, in person or by proxy, shall be deenred to have waived the
requirement
of notice andor defective notice unless such Owner objects to the nreeting on the
basis of
improper or insufficient notice at the beginning of the nreeting.
2.4 Conduct of Meetings
2.4.1 Meetings Open to Members. All regular and special nreetings of the
Association
are open to every Owner, or to any person designated by an Owner in wrting as the
Owner's
representative.
2.4.2 Quorum. The presence of Owners entitled to vote holding in the aggregate at
least
a twenty percent (20 %) of the interest in the Com Elenents shall constitute a
quolUnr for the
transaction of business at all nreetings. If at any nreeting of the Association a
quolUnr is not
present, a majority of the nrenrbers present and entitled to vote, either in person or by
proxy, nray
adjourn the nreeting to a tinre not less than twenty -four (24) hours nor nrcre than
fifteen (15)
days fronr the tinre for which the original nreeting was called, and at the continuation
of such
adjourned nreeting the presence of Owners otherwise entitled to vote and holding in
the
aggregate at least a twenty percent (20 %) ofthe interest in the Conrnron Elenrents
shall
constitute a quolUnr. Notice of the date, tinre and location ofthe continuation ofthe
adjourned
nreeting shall be provided to those Owners not present at the nreeting, provided,
however, that no
nrininrunr or nraxinrunr notice period shall be required for the continuation of an
adjourned
nreeting.
2.4.3 Voting Rights. All Owners shall be entitled to one (1) vote for each Unit owned
on any nratter on which voting by the Owners is permitted or required by the
Declaration, the
Aricles of Incorporation of the Association or these Bylaws, except where the
Governing
Docunrents call for voting to be based on ownership percentages. Cunrulative voting
shall not be
permitted except in the election of the Board.
a. No votes allocated to a Unit owned by the Association nray be cast.
b. Any Owner who is delinquent in the paynent of any anual or special assessnrent
shall not be entitled to vote upon any nratter put to a vote at any anual or special
nreeting of the
Association.
2.4.4 Voting Rights Regarding Multiple Ownerships. When nrcre than one (1) person
is an Owner of a Unit, the vote for such Unit shal I be exercised as they anong
thenrselves
determine, but in no event shall nrcre than one (1) vote or the voting percentage for
that Unit be
cast with respect to any Unit. If nultiple Owners can not agree as to how the vote for
that Unit
should be cast on any particular nratter, no vote shall be cast or counted in any
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balloting on such
matter. if only one of the nrultiple Owners is present at a nreeting of the Association,
such
Owner is entitled to cast all the votes allocated to that Unit. if nrcre than one of the
nrultiple
Owners is present, the votes allocated to that Unit nray be cast only in accordance
with the
agreenrent of a majority in interest of the Owners. There is majority agreenrent if
anyone of the
nrultiple Owners casts the votes allocated to that Unit without protest being nrade
promptly to the
person presiding over the nreeting by any ofthe other Owners ofthe Unit. Subject to
the
foregoing, if a Unit is owned by nrcre than one person, each Owner of the Unit nray
vote or
register protest to the casting of votes by the other Owners of the Unit through a duly
executed
proxy.
2.4.5 Proxies. At any nreeting of the Association, each Owner entitled to vote nray
vote
in person or by proxy, provided that any such proxy shall be in writing, executed by
the Owner
entitled to vote or by his /its duly authorized attorney -in -fact, and filed with the
Secretary ofthe
Association at or before any nreeting at which a vote by such proxy nray be cast. An
executed
proxy pray be scared and sent by e -nrail to the Association to nreet this requirenrent.
A Unit
Owner nray not revoke a valid proxy except by actual notice of revocation to the
person
presiding over a nreeting of the Association. A proxy is void if it is not dated or
purports to be
revocable without notice. A proxy shall not be valid if obtained through fraud or
misrepresentation. Any valid proxy shall:
a. not be valid for longer than eleven (11) nronths fronr the date of its execution
unless
otherwise provided in said proxy, provided, however, that in no case shall any proxy
be valid for
more than two (2) years fronr the date of its execution,
b. be revocable,
c. autonratically cease to be valid upon the conveyance ofthe Unit owned by the
Owner
executing or authorizing the execution of such proxy, and
d. be invalid during any period within which the voting rights of the Member
executing
or authorizing the execution of such proxy is suspended.
2.4.6 Actions ofthe Association Based on Proxies.
a. The Association is entitled to reject a vote, consent, wrtten ballot, waiver, proxy
appointnent, or proxy appointment revocation if the secretar or other offcer or agent
authorized to tabulate votes, acting in good faith, has reasonable basis for doubt
about the
validity of the signature on it or about the signatory's authority to sign for the Owner.
b. The Association and its officer or agent who accepts or rejects a vote, consent,
wrtten
ballot, waiver, proxy appointnent, or proxy appointnent revocation in good faith and
in
accordance with the standards the Bylaws are not liable in danages for the
consequences ofthe
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acceptance or rejection.
c. Any action of the Association based on the acceptance or rejection of a vote,
consent,
wrtten ballot, waiver, proxy appointnent, or proxy appointnent revocation under this
section is
valid unless a court of conrpetent jurisdiction determines otherwise.
2.4.7 Secret Ballots. Votes for contested positions on the Board shall be taken by
secret
ballot. At the discretion of the Board or upon the request of twenty percent (20 %) of
the Owners
who are present at the nreeting or represented by proxy, if a quolUnr has been
achieved, a vote on
any nratter affecting the Association on which all Owners are entitled to vote shall be
by secret
ballot. Secret ballots shall be counted by a neutral third pary or by a conrnrittee of
volunteers.
Such volunteers shall be Owners who are selected or appointed at an open meeting,
in a fair
nraner, by the chair of the Board or another person presiding during that portion of
the nreeting.
The volunteers shall not be Board nrenrbers and, in the case of a contested election
for a Board
position, shall not be candidates. The results of a vote taken by secret ballot shall be
reported
without reference to the vanes, addresses, or other identifyng information of unit
owners
paricipating in such vote.
2.5 Majority Vote. Unless a different percentage is required by the Act, the
Declaration or
these Bylaws, the vote of a nrajority of the Owners present in person or by proxy at
any anual or
special nreeting of the Association at which a quolUnr is present, or at the
continuation of any
adjoured nreeting where a quolUnr is present, shall be sufficient to approve any
nratter and/or
decide any itenr of business conducted at such nreeting.
2.6 Action without Meeting. Any action required by law to be taken at a nreeting of
the
Association, or any action which nray be taken at a nreeting of the Association, nray
be taken
without a nreeting if a resolution setting forth the action so taken is signed by all of
the Owners
entitled to vote. A unaninrous consent resolution under this section may be executed
in
counterparts, and any signature supplied by facsinrile copy shall in all respects be
considered an
original signature unless and until replaced with an original signature.
2.7 Liabilty of Members. No Owner shall be personally liable for any of the debts,
liabilities
or obligations of the Association.
ARTICLE Ili: BOARD OF DIRECTORS
3.1 Election, Number, Tenure and Qualifications. The Board shall consist of not less
than
three (3) Owners, who shall be elected at the anual nreeting ofthe Association, and
each of
which shall serve for a term of three years. The terms shall be staggered on a three -
year systen
so that an approxinrately equal nunber of the Director terms expire each year.
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3.2 Powers. The affairs of the Association shall be nranaged and adnrinistered by the
Board,
and all of the powers and duties of the Association. except as specifically reserved to
the
Menrbers, shall be exercised by and through such Board, including without
linritation all those
powers and duties provided for in the Act and the Governing Docunrents, as anended
fronr tin re
to tinre.
3.2.1 Standards With Regard to the Investment of Reserve Funds. The actions of the
officers and nrenrbers of the Board shall be subject to the standards set forth in
C.R.S. §7 -128-
401, as such standards apply to the Association.
3.2.2 Limitation of Powers. The Board nray not act on behalf of the Association to:
a. anend the declaration,
b. to terminate the conrnron interest con.rnrunity, or
c. to elect nrenrbers of the Board or determine the qualifications, powers and duties,
or
terms of office of Board nrenrbers, except to fill vacancies as provided below.
3.3 Vacancies. Vacancies in the Board nray be filled by a nrajority of the renraining
Directors,
even if less than a quolUnr, and each Director so elected shall hold office until his
successor is
elected at the next anual nreeting of the Association or at the next special nreeting of
the
Association called for such purpose. In the event the entire Board resigns or are
otherwise
disqualified or cease to be Directors, a special nreeting of the Association shall be
called to elect
a new Board. A Board vacancy shall be deenred to exist:
a. upon the death, resignation or renroval of any Director, or
b. in the event the Association increases the nunrber of Directors without electing a
Director to fulfill such increase, or
c. in the event the Director is absent fronr three consecutive regular nreetings of the
Board, or
d. in the event the Director ceases to be an Owner.
3.3.1 Fiing of Vacancies by Members. At any nreeting of the Association, the
Owners may elect Directors to fill any vacancy not filled by the Board.
3.3.2 Reduction in Number of Directors. No reduction of the nunrber of Directors
shall have the effect of renroving any Director prior to the expiration of such
Director's term of
office.
3.4 Removal of Directors. At any anual or special nreeting of the Owners at which a
quolUnr
is present, any Director nray be renroved with or without cause by a vote of sixty -
seven percent
(67 %) or nrcre ofthe Owners present in person or by proxy and entitled to vote at
such nreeting.
Any Director whose renroval is to be considered at a nreeting of the Owners shal I be
given an
opportnity to be heard at the nreeting.
3.5 Compensation of Directors. The conrpensation, if any, for all officers and
enployees of
the Association shall be fixed by the Board. No conrpensation shall be paid to
Directors for their
services as Directors and no renruneration of any kind shall be paid to a Director for
N services
performed by hinr for the Association in any other capacity unless a resolution
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authorizing such
renruneration has been unaninrously adopted by the Board, excluding the interested
Director.
Nothing in this paragraph shall be constred as preventing the Association fronr
adopting a
resolution reimbursing a Director for such Director's reasonable expenses incurred or
expended
performing such Director's duties pursuant to the Governing Docunrents,
3.5.1 Financial Incentives. No renruneration shall be accepted by the Managenrent
Contractor, any nrenrber ofthe Board or any officer fronr vendors, independent
contractors or
others providing goods or services to the Association, whether in the form of
conmrissions,
finder's fees, service fees, prizes, gifts or otherwise. Anything of value received by
any such
person shall be turned over to the Association.
3.6 Delegation of Powers. The Board nray, by contract, delegate the routine
operation and
nranagenrent ofthe Association affairs to a Managing Agent or such other enrployees
or
independent contractors as they deenr necessary to prescribe their duties, to be
selected by the
Board and who shall be responsible to the Board. The Board shall act in good faith
with regard
to all such contractual or enrploynent arangenrents.
3.6.1 Subject to the Act. Any nranaging agent, enrployee, independent contractor, or
other person acting on behalf of the Association shall be subject to the Act to the
sane extent as
the Association itself would be.
3.6.2 Termination of Contracts. The Association's contract with a nranaging agent
shall be tenninable for cause without penalty to the Association. Any such contract
shall be
subject to renegotiation.
3.6.3 Requirements Regarding Delegation of Financial Matters. If the Association
delegates powers of the Board or officers relating to collection, deposit, transfer, or
di sbursenrent
of Association funds to other persons or to a nranaging agent, the Association shall
require the
following:
a. That the other persons or nranaging agent nraintain fidelity insurance coverage or a
bond in an anount not less than fifty thousand dollars or such higher anount as the
Board nray
require;
b. That the other persons or nranaging agent nraintain all funds and accounts of the
Association separate fronr the funds and accounts of other associations nranaged by
the other
persons or nranaging agent and nraintain all reserve accounts of each association so
nranaged
separate fronr operational accounts of the Association;
c. That an anual accounting for Association funds and a financial statenrent be
prepared
and presented to the Association by the nranaging agent, a public accountant, or a
certified public
accountant.
3.7 Meetigs of Directors.
3.7.1 Place and Time. Anual and special nreetings of the Board shall be held at the
locations and tinres designated by the Board in the notice of such nreetings.
3.7.2 Annual Meeting. The anual nreeting of the Board shall be inrnrediately after the
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anual nreetings of the Association or as soon thereafter as is reasonably practicaL.
Anual
nreetings of the Board shall be for the purpose of appointing officers and conducting
any
business that nray conre before such Board at such nreeting.
3.7.3 Regular Meetins. Regular nreetings of the Board nray be held at such tinre and
place as shall be determined by a nrajority of the Directors. At a nrininrunr, the
Board shall nreet
in accordance with the following:
a. Anual Meeting. The Board shall nreet inrnrediately after the Anual Meeting as
provided in Section 3.7.2 above.
b. Anual Meeting Follow -up. In addition to the nreeting ofthe Board that
inrnrediately
follows the Anual Meeting, the Board shall nreet within two (2) nronths after the
Anual
Meeting for the purpose of following up on decisions and actions taken at the Anual
Meeting
and to conduct any other business that nray conre before the Board.
c. Spring Meeting: The Board shall nreet at a date in March or April of each year for
the
purpose of organizing the annual clean -up effort, to star the budget process for the
next year,
and to conduct any other business that nray be before the Board.
d. Pre - Anual Meeting, The Board shall nreet at a tinre in advance of the Anual
Meeting for the purpose of finalizing and adopting the budget, setting and preparng
for the
Anual Meeting, providing notice of the Anual Meeting in advance, in accordance
with these
Bylaws, and conducting any other business that nray be before the Board.
3.7.4 Special Meetings. Special nreetings ofthe Board shall be held at any tinre upon
notice fronr the President or upon the request of any two Directors. The notice of a
special
nreeting, depending on the nature of the business to be conducted, pray be given 24
hours before
the nreeting and nray be given in any reasonable nraner.
3.8 Notice of Meetings. Written notice of any nreeting of the Board, stating the place,
date and
tinre of such nreeting, except as provided above regarding special nreetings, shall be
provided to
each Director not nrcre then fifty (50) days before such nreeting and not less than ten
(10) days
before such nreeting. Any notice of a special nreeting shall specify the nature of the
business to
be undertaken at such nreeting. Agendas for nreetings of the Board shall be nrade
reasonably
available for exanination by all Menrbers of the Association or their representatives,
and such
reasonable availability nray be acconrplished by posting the notice on the
Association's website
at the sane tinre that the Board nrenrbers are notified. Any notice sent under this
paragraph shall
be deenred received by a Director:
a. upon personal delivery to such Director,
b. upon deposit in regular U.S. nrail or courier service, addressed to such Director at
such
Director's address on fie with the Association, whether or not ever received by such
Director,
c. upon receipt by the Association of a nrachine- generated acknowledgenrent of
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successful transnrission by facsinrile copy to such Director's facsinrile telephone
nunrber on fie
with the Association, if any, whether or not ever received by such Director, and /or
d. upon transnrission by e -nrail to such Director's e -nrail address on file with the
Association, providing that such form of e -nrail conrnrunication has been approved
in writing by
such Director, whether or not ever received by such Director.
e. The Association shall attenrpt to notify directors of regular and special nreetings
through nrcre than one of the above - described nrethods.
3.8.1 Information for Notices. Each Director shall be responsible for providing the
Association with such Director's nrailing address, facsinrile telephone nunber (if any)
and enrai I
address (if any), and shall be responsible for keeping such address, facsinrile
telephone
nunrber (if any) and a -nrail address (if any) current in the event of any change. If a
Director has
not provided the information required by this paragraph, any notice nray be sent to
the address
for the Director contained in the records of the Assessor for Eagle County, Colorado,
and such
notice shall be deenred received by such Director upon nrailing, whether or not ever
received by
such Director.
3.8.2 Waiver of Notice. Any Director nray waive notice in wrting before or at any.
anual or special nreeting of the Board, and any Director who attends an anual or
special
nreeting of the Board shall be deenred to have waived the requirenrent of notice
and /or defective
notice unless such Director objects to the nreeting on the basis of inrproper or
insufficient notice
at the beginning of the nreeting.
3.9 Conduct of Meetings
3.9.1 Meetings Open to Members. All regular and special nreetings ofthe
Association's Board, or any conrnrittee thereof, shall be open to attendance by all
Menrbers of the
Association or to any person designated by an Owner in wrting as the Owner's
representative.
3.9.2 Agendas. Agendas for meetings ofthe executive board shall be nrade
reasonably
available in advance of the nreeting for exanination by all Menrbers of the
Association or their
representatives. In the case of special nreetings, the agenda nray be posted at the
Property at
least 24 hours before any such nreeting.
3.9.3 Quorum. A nrajority of the Directors shall constitute a quorunr for the
transaction
of business at all nreetings of the Board. If at any nreeting of the Board a quorunr is
not present,
any Director present at such nreeting nray adjourn the nreeting to a tinre not less than
forty-eight
(48) hours nor nrore than fifteen (15) days fronr the tinre for which the original
nreeting was
called, and at the continuation of such adjourned nreeting the presence of at least two
Directors shall constitute a quorunr. Notice of the date, tinre and location of the
continuation of
the adjourned nreeting shall be provided to those Directors not present at the
nreeting, provided,
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however, that no nrininrunr or nraxinrunr notice period shall be required for the
continuation of
an adjourned nreeting.
3.9.4 Attendance by Telephone. Any Director nray attend any regular or special
nreeting of the Board by speaker telephone, telephone conference call, or cell phone,
provided
that conrnrunication between all paricipants on the call can occur. The Director
desiring to
attend any nreeting by telephone shall be responsible to ensure that the facilties for
such
conrnrunication exist, and shall be responsible for the cost, if any, of providing such
facilties to
enable such Director to so attend the nreeting.
3.9.5 Member Participation. At an appropriate tinre determined by the Board, but
before the Board votes on an issue under discussion, Owners or their designated
representatives
shall be pennitted to speak regarding that issue. The Board nray place reasonable
tinre
restrctions on persons speakng during the nreeting. If nrcre than one person desires to
address
an issue and there are opposing views, the Board shall provide for a reasonable
nunrber of
persons to speak on each side of the issue.
3.9.6 Majority Vote. Unless a different percentage is required by the Act, the
Declaration or these Bylaws, the vote of a nrajority of the Directors present at any
anual or
special meeting of the Board at which a quorunr is present, or at the continuation of
any
adjourned nreeting where a quorunr is present, shall be sufficient to approve any
nratter and/or
decide any itenr of business conducted at such nreeting.
3.10 Executive Sessions. The nrenrbers ofthe Board or any conrnrittee thereofnray
hold an
executive or closed door session and nray restrct attendance to executive board
nrenrbers and
such other persons requested by the Board during a regular or specially anounced
nreeting or a
par thereof. The nratters to be discussed at such an executive session are Iinrited to:
a. Matters pertaining to enrployees of the Association or the nranaging agent's
contract or
involving the enrploynent, pronrotion, discipline, or disnrissal of an officer, agent, or
enrployee
of the Association;
b. Consultation with legal counsel concerning disputes that are the subject of pending
or
inrnrinent court proceedings or nratters that are privileged or confidential between
attorney and
client;
c. Investigative proceedings concerning possible or actual crinrinal nrisconduct;
d. Matters subject to specific constitutional, statutory, or judicially inrposed
requirenents
protecting paricular proceedings or nratters fronr public disclosure;
e. Any nratter the disclosure of which would constitute an unwaranted invasion of
individual privacy;
f. Review of or discussion relating to any wrtten or oral conrnrunication fronr legal
N cotmseL.
3. 10.1 Conduct of Executive Sessions
N a. Upon the final resolution of any nratter for which the Board received legal advice
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or
that concerned pending or contenrplated litigation, the Board nray elect to preserve
the attorneyclient
privilege in any appropriate nraner, or it pray elect to disclose such information, as it
deenrs appropriate, about such nratter in an open nreeting.
b. Prior to the tinre the nrenrbers of the Board or any conrnrittee thereof convene in
executive session, the chair of the body shall anounce the general nratter of
discussion.
c. No rule or regulation of the Board or any conrnrittee thereof shall be adopted
durng an
executive session. A rule or regulation nray be validly adopted only during a regular
or special
nreeting or after the body goes back into regular session following an executive
session.
d. The nrinutes of all nreetings at which an executive session was held shall indicate
that
an executive session was held and the general subject nratter ofthe executive session.
3.11 Action without Meeting. Any action required by law to be taken at a nreeting of
the
Board, or any action which nray be taken at a nreeting of the Board, may be taken
without a
nreeting if a resolution setting forth the action so taken is signed by all of the
Directors. A
unaninrous consent resolution under this section nray be executed in counterpars, and
any
signature supplied by facsinrile copy shall in all respects be considered an original
signature
unless and until replaced with an original signature.
3.12 Directors not Responsible for Loss. No Director or officer shall be responsible
to any
Owner or any person in such Owner's Control Group for loss of, danage to or theft of
any
aricle, vehicle, or other thing of value at or in the Project resulting fronr the act of
any third
person, or for any loss of rental inconre or other pecuniar loss of any Owner or any
person in
such Owner's Control Group resulting fronr the act of any third person or fronr the
nanagenrent,
nraintenance, repair or replacenrent of the Conrnron Elenrents.
3.13 Limitation of Liabilty. The Association, its Board., its officers and any other
person
acting for the Association or at the request ofthe Association, or as a volunteer ofthe
Association (other than a Managenrent Contractor or other contractor who is under
contract to
the Association whose duties are determined according to such contract) shall not be
liable to
any Owner or any of such Owner's Control Group for any act, failure to act, error or
onrission
unless such act, failure to act, error or onrission was caused by the gross negligence
or nralicious
act of such entity or person.
3.14 Indemnification of Board and Others. The Association shall indenrnifv and hold
harless each current and past nrenrber of the Board, each current and past officer of
the
Association and any other person acting or who acted for the Association or at the
request of the
Association, or as a volunteer of the Association (other than a Managenrent
Contractor or other
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contractor who is under contract to the Association) of and fronr all clainrs and
liabilties of any
kind or sort resulting fronr or arsing out of their work for the Association, including
without
linritation the anount of any judgnent rendered against such person or persons and
the costs and
reasonable attorneys' fees incurred or expended by such person or persons in
responding or
defending against any such cla.inr or liability; provided, however, that the
Association shall not
be responsible for the indennity contained in this paragraph in any such case where
such person
or persons is /are finally adjudged to be guilty of gross negligence or of having
conrnritted a
nralicious act.
3.15 Fidelity Bonds. The Board nray require that sonre or all officers and enrployees
ofthe
Association handling or having any responsibility for any funds received or collected
by the
Association furnish adequate fidelity bonds. The prenriunrs on said bonds shall be
paid by the
Association as a Conrnron Expense.
ARTICLE IV: OFFICERS
4.1 Designation and Qualification. The officers of the Association shall be a
President, a
Secretary and a Treasurer, and such other officers as are authorized and appointed by
the Board.
When the duties do not conflct, any two (2) offces, except those of President and
Secretar,
gray be held by the satire person. Except for the President, who nrust be an Owner
and nrenrber
of the Board, the other officers of the Association are not required to be Owners or
nrenbers of
the Board.
4.2 Appointment and Tenure. The officers of the Association shall be appointed
anually by
the Board at the anual Board nreeting, and any new offices nray be created and
appointed at any
nreeting of the Board. Each officer shall hold office until his or her successor has
been
appointed.
4.3 Removal and Resignation. Any officer appointed by the Board shall serve at the
pleasure
of the Board, and Dray be renroved by a majority vote of the Board whenever in their
judgnent
the best interests of the Association would be served. Any officer nray resign at any
tinre by
giving wrtten notice to the Board. Any such resignation shall not take place until a
successor
officer is appointed by the Board, who shall act promptly to appoint such a
successor. The
acceptance of a resignation shall not be necessary to nrake it effective.
4.4 Vacancies. A vacancy in any office because of death. resignation, renroval.
disqualification
or otherwise shall be filled by the Board.
4.5 President. The President shall be the executive officer of the Association and,
subject to the
control of the Board, shall adninister all of the business and affairs of the
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Association. The
President shall preside at all nreetings of Association and of the Board. The President
nray sign,
together with the Secretar (or any other officer of the Association duly authorized by
the Board)
any deeds, mortgages, bonds, contracts, agreenrents, drafts, checks or other
instmrents that the
Board have authorized to be executed, except in such case where such execution is
expressly
delegated to sonreone else by the Board, the Governing Docunrents or the Act. The
President
shall have all the general powers and shall perform all of the duties usually vested in
the office of
the president of a corporation, including without linritation the powers and duties
prescribed by
the Act, the Board and the Governing Docunents.
4.6 Secretary. The Secretar shall keep the nrinutes of all nreetings of the Association
and the
Board in one or nrore books provided for that purpose. The Secretar shall provide for
all
notices required or permitted by the Act or the Governing Documents in accordance
with the
provisions of these Bylaws. The Secretar shall be the custodian of the Association's
records
and of the sea] of the Association, and shall attest to and affix the inrage of the seal to
docunrents
requiring such seaL. The Secretary shall keep a record of the nraiing address,
telephone nunrber,
facsinrile telephone rnmrber (if any) and e -nrail address (if any) of each Owner and
of the Board
and officers of the Association. The Secretar shall be responsible for collecting the
nraiI for the
Association. The Secretary shall take nrinutes at all Board nreetings, prepare thenr
for
distrbution, and distrbute thenr as required by these Bylaws. The Secretar shall
perform all
duties incident to the offce of Secretar and such other duties as nray be required by
the Board,
the President, the Act or the Governing Documents.
4.7 Treasurer. If required by the Board, the Treasurer shall give a bond for the
faithful
discharge of his duties in such suns and with such surety or sureties as the Board
shall determine
is appropriate. The cost of such bond shall be a Conrnron Expense of the Owners.
The Treasurer
shall have charge and custody of, and be responsible for, all funds, securities and /or
proceeds
collected, owned and /or received by the Association. The Treasurer shall receive and
give
receipts for nroney due and payable to the Association fronr any source whatever,
and shall
deposit all such nroney in the nane of the Association in such bans, trst conrpanies or
other
depositories as directed by the Board. The Treasurer shall keep and nraintain the
assessnrent
rolls and the accounts of the Owners, shall keep and nraintain the Books of the
Association in
accordance with generally accepted accounting principles and shall perform all other
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Vail Heights - By -Laws Page 16 of 21
duties
incident to the office of Treasurer, and such other duties as nray be assigned by the
Board, the
President, the Act or the Governing Documents.
4.8 Special Appointments. The Board nray appoint such other officers as the affairs
of the
Association nray require, each ofwhonr shall hold office for such period, have such
authority,
and perform such duties as the Board nray, fronr tinre to tinre, determine.
ARTICLE V: DUTIES AND OBLIGATIONS OF BOAR OF DIRECTORS
5.1 Specific Duties. In addition to other duties and obligations of the Board defined
in the
Declaration and the Act, the duties and obligations listed in this section shall be
observed by the
Association.
5.2 Prohibitions Contrary to Public Policy. Prohibitions contrar to public policy,
including
patrotic and political expression, enrergency vehicles and fire prevention shall be
nranaged in
accordance with the provisions ofC.R.S. §38- 33.3 -106.6 and other applicable
provisions of the
Act.
5.3 Supplemental General Principles of Law. The Association shall act in accordance
with
principles of law and equity, including, but not linrited to, the law of corporations
and
unincorporated associations. the law of real property, and the law relative to capacity
to contract,
principal and agent, enrinent donrain, estoppel, fraud, nrisrepresentation, duress,
coercion,
nristake, receivership, substantial performance, or other validating or invalidating
cause
supplenrent to the provisions of the Act, except to the extent inconsistent with the
Act.
5.4 Obligation of Good Faith. The Association shall act in good faith in the
performance or
enforcement of every contract or duty governed by the Act. Any clainr that a contract
or contract
clause is or nraybe unconscionable shall be addressed in accordance with C.R.S §38-
33.3-112
and other applicable provisions of the Act.
5.5 Responsible Governance Policies. The Association shall adopt and act in
accordance with
responsible governance policies as defined by C.R.S. §38- 33.3 -209.5 and C.R.S.
§38- 33.3 -124
and other applicable provisions of the Act, including but not linrited to the following:
a. Collection of unpaid assessnrents.
b. Conflicts of interest of Board nrenrbers.
c. Conduct of nreetings.
d. Enforcenrent of covenants and rules.
J e. Inspection and copying of association records by Owners.
I f. Investnent of reserve funds.
g. Procedures for the adoption and anendnrent of policies, procedures, and rules.
h. Procedures for addressing disputes arising between the Association and Owners.
5.6 Architectural and Landscaping Standards and Procedures. Decisions concerning
the
approval or denial of an Owner's application for architectural or landscaping changes
shall be
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nrade in accordance with standards and procedures set forth in the Declaration or in
duly adopted
rules and regulations or Bylaws ofthe Association, and shall not be nrade arbitrarly or
capriciously.
5.7 Annual Disclosures. Within ninety days after the end of each fiscal year, the
Association
shall nrake the following information available to Owners upon reasonable notice, in
accordance
with the provisions ofC.R.S. §38- 33.3 -209.4 and other applicable provisions ofthe
Act.
a. The date on which its fiscal year conrmences;
b. Its operating budget for the current fiscal year;
c. A list, by unit type, of the Association's curent assessnrents, including both regular
and special assessnrents;
d. Its anual financial statenrents, including any anrounts held in reserve for the fiscal
year inrnrediately preceding the current anual disclosure;
e. The results of its nrost recent available financial audit or review;
f. A list of all Association insurance policies, including, but not linrited to, property,
general liability, association director and officer professional liabilty, and fidelity
policies. Such
list shall include the conrpany nanes, policy linrits, policy deductibles, additional
naned
insureds, and expiration dates of the policies listed.
g. All the Association's bylaws, aricles, and rules and regulations;
h. The nrinutes of the Board and Menrber nreetings for the fiscal year inrnrediately
preceding the current anual disclosure; and
i. The Association's responsible governance policies adopted under C.R.S. §38 -33.3-
209.5.
5.7.1 Alowed Methods. The annual disclosure requirenrent shall be acconrplished by
at
least one of the following nreans:
a. Posting on an internet web page with acconrpanying notice of the web address via
first -class nrail or e- nrail;
b. the nraintenance of a literature table or binder at the association's principal place of
business; or
c. nrail or personal delivery.
The cost of such distrbution shall be accounted for as a COn Ion Expense.
5.8 Changes in Management or Location. In the event that the Association changes
its
address, designated agent, or managing conrpany, the Association shall nrake
updated
information available to the Menrbers within 90 days after the change.
5.9 inspection of Books and Records. All Owners, First Mortgagees, insurers or
guarantors of
a First Mortgage of a Unit shall, upon request, be entitled to:
a. inspect the books and records of the Association during normal business hours;
b. Receive a copy of an tin-audited financial statenrent of the Association for the
preceding fiscal year at no charge; provided, however that if an audited financial
statenent is
desired, then one nray be prepared at the expense of the pary so requesting and
furnished within
a reasonable tinre following such request; and
c. Receive curent copies of the Declaration, the Aricles of Incorporation of the
Association and these Bylaws, as well as any rules and regulations of the
Association, provided
that reasonable copying charges are advanced to the Association by the pary
requesting copies.
5.10 Board and Owner Education. The Board shall provide education for Board
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nrenbers and
Owners in accordance with the provisions ofC.R.S. §38- 33.3 -209.6 and C.R.S. §38-
33.3- 209.7.
a. The Board nray authorize, and account for as a conmron expense, reinrbursenrent
of
Board nrenrbers for their actual and necessary expenses incurred in attending
educational
nreetings and senrinars regarding responsible governance of the Association. The
course content
of such educational nreetings and senrinars shall be specific to Colorado, and shall
nrake
reference to applicable sections of the Act.
b. The Board shall provide, or cause to be provided, education to Owners at no cost
on at
least an anual basis as to the general operations of the Association and the rights and
responsibilties of owners, the Association, and its Board under Colorado law. The
criteria for
conrpliance with this section shall be determined by the Board.
5.11 Annual Budget. The Board shall adopt a proposed budget annually, prior to the
anual .
nreeting of the Menrbers. Within ninety days after adoption of any proposed budget
for the
Association, the Board shall nrail, by ordinary first -class nrail, or otherwise deliver a
sunnrary of
the budget to all the Owners and shall set a date, which nray be the date of the annual
nreeting,
for a nreeting of the Owners to consider the budget. Such nreeting shall occur within
a reasonable
tinre after nrailing or other delivery of the sunrnrary. The Board shall give notice to
the Owners
of the nreeting as allowed for in the Bylaws. The budget proposed by the Board does
not require
approval fronr the Owners and it wil be deenred approved by the Owners in the
absence of a
veto at the noticed nreeting by the nrajority vote of all Owners entitled to vote at the
nreeting. In
the event that the proposed budget is vetoed, the periodic budget last proposed by the
Board and
not vetoed by the Owners nrust be continued until a subsequent budget proposed by
the Board is
not vetoed by the Owners.
5.12 Audit. The Association shall be subject to the provisions ofC.R.S. §38- 33.3 -303
and other
applicable provisions of the Act regarding audits and audit procedures.
5.13 Conffcts of Interest of Board Members. Conflcts of interest of Board nrenrbers
shall bd
addressed according to the Act and to the Board Menrber Conflict of Interest Policy.
5.14 Insurance. The Board shall obtain and nraintain insurance policies in
conrpliance with the
provisions ofC.R.S. §38- 33.3 -3 13 and other applicable provisions of the Act.
5.15 Assessments for Common Expenses. Assessnrents for conrnron expenses shall
be nrade in
accordance with these Bylaws and shall be based on a budget adopted no less
frequently than
anually by the Association. All Assessnrents shall be adnrinistered in accordance
with the
provisions ofC.R.S. §38- 33.3 -315 and other applicable provisions of the Act.
5.15.1 Statutory Liens Against Units. The Association has a statutory lien for
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assessnrents levied against the Units in accordance with the provisions of C-RS. §38-
33.3 -316
and other applicable provisions of the Act, and the Association shall adninister liens
in a nraner
consistent with the Act.
5.15.2 Statement of Status of Assessment Payments. Upon paynent of a reasonable
fee as determined by the Board, which fee shall be waived for First Mortgagees, and
upon the
wrtten request of any Owner, prospective Owner, prospective Mortgagee, title
insurance
conrpany or representative of an Owner, Mortgagee or title insurance conrpany,
delivered to the
Association by certified nrail, postage prepaid, return receipt requested, the
Association shall
issue a wrtten statenrent setting forth the anount of the unpaid assessments, if any,
with respect
to any Unit, which statenrent shall be delivered to the inquiring party in accordance
with the
provisions of the Declaration.
5.16 Enforcement. Actions of the Association with regard to violations and
reinbursenrent for
collection costs shall be nrade in accordance with the provisions ofC.R.S. §38 -33.3-
123 and
other applicable provisions of the Act.
5.17 Association Records. The Association shall keep financial and other records in
accordance with the provisions of C.R. S. §3 8 -33 .3 -317 and Vail Heights
Condonriniunr
Association Policy 1 rr2.
ARTICLE VI: RULES AND REGULATIONS
6.1 Establishment of Rules and Regulations. The Board nray pronrulgate rules and
regulations fronr tinre to tinre, which rules and regulations shall be binding upon all
Owners and
all persons in the Owners' Control Groups. Any rules and regulations pronrulgated by
the Board
shall be uniform and nondiscrinrinatory as to the Owners, shall not beconre effective
or
enforceable until published to the Owners by nrail or at any anual or special nreeting
of the
Owners, and shall constitute a Governing Docunrent. The Owners nray pronrulgate,
revise.,
aiend or elinrinate a rule or regulation at any anual or special nreeting of the Owners
upon the
nrajority vote ofthe Owners present at such nreeting at which a quorunr is present.
Any rule or
regulation that has been pronrulgated, revised, anended or elinrinated by the Owners
pursuant to
this paragraph nray be further revised anended or reinstated only by the Owners at
any anual or
special nreeting as authorized in this section, and nray not be furter revised, anended
or
reinstated by the Board.
6.2 Fines. The Board nray adopt a systenr of fines for infractions of the rules and
regulations
and for violations of the other obligations and duties of Owners contained in the
Governing
Docunents, or nray institute legal proceedings against any Owner to enforce
conrpliance with
such rules and regulations or other obligations and duties of Owners contained in the
. - -- _
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Governing
Docunrents. Any systenr of fines shall be published to the Owners along with the
rules and
regulations, and shall provide an offending Owner the opportnity for a hearng before
the
inrposition of any fine. Any fines inrposed upon an Owner, and any judgnents
obtained against
an Owner by the Association, shall be charged to such Owner as a special assessnrent
against
such Owner and such Owner's Unit, and until paid shall constitute a lien on such
Owner's Unit
as provided in the Declaration for unpaid assessnrents.
ARTICLE VII: AMENDMENT OF BYLAWS
7.1 Amendment of the Bylaws. These Bylaws nray be anended, nrodified,
supplenrented,
revised or revoked, in whole or any par, and any provision of these Bylaws nray be
anended,
modified, supplenrented, revised or revoked, or new provisions added, by the
affrmative vote of
a nrajority of the Owners who are entitled to vote and who are present in person or
by proxy at
any anual or special nreeting ofthe Association at which a quorunr is present.
However,
notwithstanding the foregoing, any provision of these Bylaws that requires a higher
percentage
of Owners to take action on any nratter shall require the sane percentage to anend
such
provision. Anendnents nray be proposed by the Board or by petition signed by the
Owners
having at least twenty -five percent (25 %) of the ownership of the Conrnron
Elenrents. A
statenrent of any proposed anendnrent shall acconrpany the notice of any anual or
special
nreeting at which such proposed anendnrent wil be considered by the Owners.
7.2 Scope of Amendments. These Bylaws nray not be anended in any nraner that
would
render these Bylaws inconsistent with the Act, the Declaration or the Aricles of
Incorporation of
the Association.
ARTICLE VIII: MISCELLANOUS PROVISIONS
8.1 Character of Association. "The Association is not organized for profit. No Owner,
nrenrber
of the Board, officer or person for whonr the Association nray receive any property
or funds shall
receive or shall be lawfully entitled to receive any pecuniar profit fronr its operation.
In no
event shall. any par of the funds or assets of the Association be paid as salary or
conrpensation to
be distrbuted to, or inure to the benefit of, any nrenrber of the Board, officer or
Owner;
provided, however:
a. that reasonable conrpensation pray be paid to any Owner, Director or officer while
acting as an agent or enployee of the Association for services actually rendered in
effecting one
or nrcre of the purposes of the Association, and
b. that any Owner, Director or officer nray, fronr tinre to tinre, be relnbursed for such
person's actual and reasonable expenses incurred in connection with the
adnrinistration of the
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affairs of the Association.
8.2 Fiscal Policy. In the absence of a resolution of the Board providing otherwise, the
fiscal
policies in this section shall be observed by the Association.
8.2.1 Fiscal Year. The fiscal year of the Association shall be fronr Januar I through
Decenrber 31 of each year.
8.12 Accrual Accountig. Accrual accounting, as defined by generally accepted
accounting principles, shall be enrployed.
8.2.3 Accountig and Controls. Accounting and controls shall conform to generally
accepted accounting principles.
8.2.4 Cash Accounts. Cash accounts of the Association shall not be conrnringled
with
any other accounts.
8.3 Corporate SeaL. The Board shall provide for a suitable corporate seal containing
the nane
of the Association, which seal shall be in the custody and control of the Secretar. The
corporate
seal shall be circular and shall have inscribed thereon the nane of the Association and
the word
"Colorado" in the circle and the word "Seal ", in the nriddle. If and when so directed
by the
Board, a duplicate seal nray be kept and used by such officer or other person as the
Board nray
determine.
8.4 Captions. The captions and headings in these Bylaws are for convenience only
and shall
not be considered in constring any provision of these Bylaws.
8.5 Numbers and Genders. Whenever used in these Bylaws, unless the context
requires
otherwise, the singular number shall include the plural and the plural shall include
the singular,
and the use of any gender shall include all genders.
KNOW ALL MEN BY THESE PRESENTS, that the undersigned Board of Directors
of the Vail Heights Condonriniunr Association do hereby certify that the above and
foregoing
Anended and Restated Bylaws were duly adopted at the anual nreeting of the Owners
held on
the . day of, 2007, at which a quorunr was present, by the affirmative vote of
the Owners representing no less than fifty -one percent (51 %) of the ownership ofthe
Cownron
Elenrents, as a conrplete replacenrent for the Association's previous Bylaws, and that
the above
and foregoing Anended and Restated Bylaws now constitute the Bylaws of the
Association.
ATTEST:
By , Secretar and
nrenrber of the Board of Directors
VAIL HEIGHTS CONDOMINIUM
ASSOCIATION, a Colorado nonprofit Corporation