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BY-LAWS
OAK HILLS OWNERS ASSOCIATION, INC.
ARTICLE I
Object
! 1.01! Association. The Oak Hills Owners Association, Inc., (the "Association") is
a non-profit corporation organized under the Colorado Non-Profit Corporation Act.
! 1.02! Purpose. The purpose for which the Association is formed is to govern the
subdivision situated in Douglas County Colorado which is known as Oak Hills
Subdivision, hereinafter referred to as the "Subdivision", and which property is subject
to the provisions of the Declaration of Covenants, Conditions and Restrictions for Oak
Hills, hereinafter referred to as the "Declaration".
! 1.03! Owners Subject to By-Laws. All present or future owners, tenants, future
tenants, or any other person who might use in any manner the property or any portion of
the property within the subdivision are subject to the regulations set forth in these By-
Laws. The mere acquisition or rental of any tract within the subdivision or the mere act
of occupancy of any improvements upon any of said tracts by any person will signify
that any such person has accepted, ratified and agree to comply with these By-Laws.
ARTICLE II
Membership Voting Majority, Quorum and Proxies
! 2.01! Membership. Ownership of a tract within the Subdivision is required to
qualify for a membership in the Association. Any person on becoming a (sic) owner of
any tract within the Subdivision shall automatically become a member of this
Association and shall be subject to these By-Laws. Such membership shall terminate
without any formal Association action whatsoever whenever such person ceases to own
a tract, but such termination shall not relieve or release any former owner from any
liability or obligation to the Association or impair any rights or remedies which the
Association may have against such former owner arising out of, or in any way
connected with, ownership of a tract and membership in the Association. No certificates
of stock shall be issued by the Association, but the Board of Managers may, if it so
elects, issue membership cards to the owners. Such membership cards shall be
surrendered to the Secretary whenever ownership of a tract designated thereon shall
terminate.
! 2.02! Classes of Membership. There shall be two classes of membership as
follows:
! Class A - Class A members shall be all of the owners with the
exception of the Declarant within the Declaration. There shall be one
Class A membership in the corporation for each of said owners other than
Declarant.
! Class B - Class B members shall be the Declarant and shall,
notwithstanding Paragraph 2.03 below, be entitled to three votes for each
tract owned by the Declarant. The Class B membership shall cease and
shall be converted to one Class A membership for each tract owned by the
Declarant upon the happening of either of the following events whichever
occurs first:
a. When the total votes outstanding in Class A membership equal
the total outstanding in the Class B membership; or
b. On January 1, 1983.
! 2.03! Voting. All members shall be entitled to vote on all matters with one vote
per tract. If title to any tract shall be held by two or more co-tenants, then each vote for
such tract shall be cast in such manner as the co-tenants shall among themselves
decide; provided, however, that in no event shall any tract cast more than one vote as
set forth in these By-Laws and the Articles of Incorporation of the Association.
Cumulative voting in the election of managers shall not be permitted.
! 2.04! Quorum. Except as otherwise provided in these By-Laws, the presence in
person or by proxy of the majority of tract owners shall constitute a quorum. An
affirmative vote of a majority of those present at a meeting at which a quorum is in
attendance, either in person or by proxy, shall be sufficient to transact business and to
adopt decisions binding upon all owners.
! 2.05! Definitions. As used in these by-laws, the term "majority of tract owners"
shall mean owners of more than fifty percent of the tracts. The term "majority of those
present at a meeting at which a quorum is in attendance" shall mean owners of more
than twenty-five percent of the tracts within the Subdivision.
! 2.06! Proxies. Votes may be cast in person or by proxy. Proxies must be filed
with the Secretary before the appointed time of such meeting. All proxies must be in
writing and must be notarized. Proxies may be either general or for a particular meeting.
A proxy holder need not be an owner of a tract within a subdivision.
ARTICLE III
Meetings
! 3.01! Place of Meetings. Meetings of the Association shall be held at such
place within the State of Colorado as the Board of Managers may determine.
! 3.02! Annual Meetings. The annual meetings of the Association shall be held
each year on such date as shall be selected by the Board of Managers; provided, that
such meeting shall occur each year no later than three months after the end of the
Association's fiscal year. The first annual meeting shall be called by the initial Board of
Managers of the Association. At such meetings the owners may transact such business
of the Association as may properly come before the meeting. At each annual meeting
members of the Board of Managers shall be elected. The Association may adopt a
procedure whereby terms of Managers do not expire at the same time. In such event at
least one/third of such terms will expire annually.
! 3.03! Special Meetings. It shall be the duty of the President to call a special
meeting of the Association as required by the President, a resolution of the Board of
Managers, or by petition of the owners of units representing at least twenty-five percent
of the tracts within the Subdivision. The notice of any special meeting shall state the
time and place of such meeting and the specific purpose thereof. No business shall be
transacted at a special meeting except as stated in the notice unless upon the consent
of owners representing at least fifty percent of the tracts. Any such meeting shall be held
within 30 days after receipt by the President of such a resolution for petition.
! 3.04! Notice of Meetings. It shall be the duty of the Secretary to mail a notice of
the time and place of each annual or special meeting and stating the purpose thereof. A
waiver of notice signed by all members of the Association before, at or after any
meeting shall be a valid substitute for notice. The certificate of the Secretary that notice
was properly given as provided in these By-Laws shall be prima facie evidence thereof.
! 3.05! Adjourned Meetings. If any meeting of owners cannot be convened
because a quorum has not been attained or if the business of the meeting cannot be
concluded, the owners who are present either in person or by proxy may adjourn the
meeting for periods of no longer than one week from time to time until a quorum is
obtained or until a conclusion can be reached.
! 3.06! Order of Business. The order of business at all meetings of the owners of
units shall be as follows:
(a) Roll call;
(b) Proof of notice of meeting or waiver of notice;
(c) Reading of minutes;
(d) Reports of officers;
(e) Reports of committees;
(f) Election of Managers (annual meetings only);
(g) Unfinished business;
(h) New Business.
ARTICLE IV
Board of Managers
! 4.01! Association Responsibilities. The owners of the tracts will constitute the
Association who will have the responsibility of administering the Subdivision through a
Board of Managers.
! 4.02! Number and Qualification. The affairs of the Association shall be
governed by a Board of Managers composed of three persons. The number of
Managers may be increased or decreased by amendment of these By-Laws; provided,
however, that the number of Managers shall not be reduced to less than three nor
increased more than seven. Until the first meeting of the Association, the Board of
Managers shall consist of the individuals named as such in the Articles of Incorporation
of the Association.
! 4.03! Powers and Duties. The Board of Managers shall have the powers and
duties necessary for the administration of the affairs of the Association and for the
operation and maintenance of a first class residential subdivision. The Board of
Managers may do all acts which are neither prohibited by nor directed to be exercised
and done only by the owners by law, the Articles of Incorporation of the Association,
these By-Laws or the Declaration.
! 4.04! Environmental Control Committee. The Board of Managers shall appoint
an Environmental Control Committee the members of which may be members of the
Board of Managers and shall be, in any event, owners of tracts within the Subdivision.
For these purposes, the definition of ownership of a tract shall include all partners,
agents and employees of the Declarant within the Declaration so long as there exists a
Class B membership in the Association. There shall not be fewer than three persons
appointed to this Committee. The Environmental Control Committee shall have any
exercise all of the powers and responsibilities contained in the Declaration, the Articles
of Incorporation and these By-Laws.
! 4.05! Other Powers and Duties. The Board of Managers and the Environmental
Control Committee shall be empowered and shall have the duties which follow:
(a)! To administer and enforce the covenants, conditions, restrictions,
easements, uses, limitations, obligations and all other provisions set forth
in the Declaration.
(b)! To establish, make and enforce compliance with reasonable rules
and regulations as may be necessary to govern the Subdivision. A copy of
any such rules and regulations adopted shall be delivered to or mailed to
each member promptly upon the adoption thereof.
(c)! To keep in good order, condition and repair all roads and rights-of-
way shown on the plat of the Subdivision.!
(d)! To obtain and maintain policies of insurance upon any (sic) all
property owned by the Association as the Board of Managers shall in its
judgment deem appropriate.
(e)! To periodically fix, determine, levy and collect the prorated
assessments to (sic) paid by each of the owners toward the gross
expenses of the Association; to adjust, decrease or increase the amount
of the assessments; to credit any access(sic) of assessments over
expenses and cash reserves to the owners against the next succeeding
assessment period and to levy and collect special assessments not in
excess of four times the said annual dues whenever in the opinion of the
Board of Managers it is necessary to do so in order to meet increased
operating and maintenance expenses or costs or additional capital
expenses or because of emergencies. All assessments shall be in
statement form and shall set forth in detail the various expenses for which
the assessments are being made.
(f)! To impose penalties and collect delinquent assessments by suit or
otherwise and to enjoin or seek damages from an owner as is provided in
the Declaration and these By-Laws.
(g)! To protect and defend the Subdivision from loss or damage by suit
or otherwise.
(h)! To borrow funds and to give security therefore in order to pay for
any expenditure or outlay required pursuant to the authority granted by the
provisions of this Declaration or these By-Laws and to execute all other
instruments evidencing such indebtedness as the Board of Managers may
deem necessary or desirable.
(i)! To enter into contracts within the scope of their duties and powers.
(j)! To establish bank accounts which are interest bearing or non-
interest bearing as may be deemed advisable by the Board of Managers.
(k)! To keep and maintain detailed, full and accurate books and records
showing in chronological order all of the receipts, expenses, or
disbursements with appropriate specificity and itemization; to permit
inspection thereof during convenient weekday business hours by any of
the owners and/or their mortgagees; and, upon affirmative vote of at least
a majority of the tract owners, to cause a complete audit to (sic) made of
the books and accounts by a competent certified public accountant.
(l)! To prepare and deliver annually to each owner a statement showing
all receipts, expenses, or disbursements since the last statement.
! ! !
(m)! To suspend the voting rights of an owner for failure to comply with
these By-Laws, the rules and regulations of the Association or any other
obligation of the owners of tracts pursuant to the Declaration.
(n)! In general to carry on the administration of the Association and to
do all of those things necessary and/or desirable in order to carry out the
governance and operation of the Subdivision.
! 4.06! Election and Term of Office. Members of the Board of Managers shall
(sic) elected from among the owners of tracts by a majority or plurality, as appropriate,
of the tract owners voting at the annual meeting of the members of the Association. The
term of each manager's service shall extend until the next annual meeting of the
members and thereafter until his successor is duly elected and qualified or until such
manager is removed in the manner hereinafter provided.
! 4.07! Vacancies. Vacancies in the Board of Managers caused by any reason
other than the removal of a manager by vote of the Association shall be fulfilled by an
election of the remaining managers even though they may constitute less than a
quorum. Each person so elected shall be a manager until a successor is elected at the
next annual meeting of the Association.
! 4.08! Removal of Directors. At any annual or special meeting of the Association
duly called, any one or more of the Managers may be removed, with or without cause,
by a majority of the owners. Any successor may then and there be elected to fill the
vacancy thus created. Any Manager whose removal has been proposed by the owners
shall be given an opportunity to be heard at such a meeting.
! 4.09! Organizational Meeting. The first meeting of a newly elected Board of
Managers shall be held within thirty days of the election at such place as shall be fixed
by the Managers at the meeting at which such Managers were elected. No notice shall
be necessary to the newly elected Managers in order to convene such meeting,
provided that a majority of the new Board shall be present at the election meeting.
! 4.10! Regular Meetings. Regular meetings of the Board of Managers may be
held at such time and place as shall be determined from time to time by a majority of the
Managers, but at least one such meeting shall be held each year. Notice of regular
meetings of the Board of Managers shall be given to each Manager personally or by
mail, telephone, or telegraph at least three days prior to the day named for such a
meeting.
! 4.11! Special Meetings. Special meetings of the Board of Managers may be
called by the President on his on (sic) initiative with three days notice to each Manager
given personally or by mail, telephone or telegraph. The notice shall set forth the time,
place and purpose of the meetings. Special meetings of the Board of Managers shall be
called by the President or Secretary and (sic) like manner and on like notice upon
receipt of a written request to call such a special meeting from at least two managers.
! 4.12! Waiver of Notice. Before or at any meeting of the Board of Managers any
Manager may, in writing, waive notice of such a meeting and such waiver shall be
deemed equivalent to the giving of such notice. Attendance by a Manager at any
meeting of the Board shall be a waiver of notice by him of the time and place thereof. If
all of the Managers are present at any meeting of the Board, no notice shall be required
and any business may be transacted at such meeting.
! 4.13! Quorum of Board of Managers. At all meetings of the Board of Managers
a majority of the Managers shall constitute a quorum for the transaction of business.
The acts of the majority of Managers present at a meeting at which a quorum is present
shall be valid acts of the Board of Managers. If, at any meeting of the Board of
Managers, there shall be less than a quorum present, the majority of those present may
adjourn the meeting from time to time. At any such adjourned meeting, any business
which might have been transacted at the meeting as originally called, may be
transacted at the adjourned meeting without further notice.
! 4.14! Compensation and Fidelity Bonds. The members of the Board of
Managers shall serve without salary or compensation. The Board of Managers may
require that all officers or employees of the Association handling or/and responsible for
the Association's funds shall furnish adequate fidelity bonds. The premiums on such
bonds shall be paid by the Association. All actions of members of the Board done in
good faith and using reasonable care shall be without recourse by the Association or
any owner.
ARTICLE V
Officers
! 5.01! Designation of Officers. Designation of the officers of the Association shall
be a President, Vice President, or Vice Presidents, Secretary and a Treasurer. All of
them shall be elected by the Board of Managers.
! 5.02! Election of Officers. The officers of the Association shall be elected
annually by the Board of Managers at the organizational meeting of each new board
and shall hold office at the pleasure of the Board. All officers, except the initial officers,
must be members of the Association and the President must be elected from among the
Board of Managers. One person may hold concurrently the office of Vice President and
Secretary, or Vice President and Treasurer, or Secretary and Treasurer, but the
President shall serve only in the office of President.
! 5.03! Removal of Officers. Upon affirmative vote of a majority of the members
of the Board of Managers, any officer may be removed, either with or without cause,
and his successor shall be elected at a regular meeting of the Board of Managers or at
any special meting of the Board of Managers called for such purpose.
! 5.04! President. The President shall be elected from among the Board of
Managers and shall be the Chief Executive Officer of the Association. The President
shall preside at all meetings of the Association and of the Board of Managers. The
President shall have all of the general powers and duties which are usually vested in the
office of the President of a non-profit corporation including, but not limited to, the power
to appoint committees from among the members from time to time as may be deemed
to be appropriate, to assist in the conduct of the affairs of the Association, or as may be
established by the Board or by the members of the Association at any regular or special
meetings. However, the Environmental Control Committee herein provided for shall be
appointed by majority vote of the Board of Managers.
! 5.05! Vice President. The Vice President shall have all of the powers and
authority of and shall perform all of the functions and duties of the President in the
absence of the President or in the President's inability for any reason to exercise such
powers and functions or perform such duties.
! 5.06! Secretary. The Secretary shall keep minutes of all meetings of the
Association. The Secretary shall have charge of such books and papers as the Board of
Managers shall direct and shall in general perform all the duties incident to the office of
Secretary. The Secretary shall compile and keep up to date at the principal office of the
Association a complete list of members and their last known addresses as shown on the
records of the Association. Such list shall also show opposite each member's name the
number and/or other appropriate designation of the tract owned by such member. Such
list shall be open to inspection by members and other persons lawfully entitled to
inspect the same at reasonable times during regular business hours. Assistant
Secretaries, if any, shall have the same duties and powers subject to supervision by the
Secretary.
! 5.07! Treasurer. The Treasurer shall have responsibility for the Association
funds and shall keep financial records and books of account of the Association. The
Treasurer shall also be responsible for keeping full and accurate accounts of all receipts
and disbursements in the name and to the credit of the Association in such depositories
as shall be from time to time designated by the Board of Managers.
ARTICLE VI
Indemnification of Directors and Officers
! 6.01.! Indemnification. The Association shall and hereby does indemnify each
Manager and officer and his or her heirs, executors, and administrators against all loss,
cost, and expense, including counsel fees reasonable incurred, in connection with any
action, suite or proceeding to which such person may be made a party by reason of
being or having been a Manager or officer of the Association, except as to matters as to
which such person shall be finally adjudged in such action, suit or proceeding to be
liable for gross negligence of (sic) willful misconduct. In the event of a settlement,
indemnification shall be provided only in connection with such matters covered by the
settlement to which the Association is advised by counsel that the person to be
indemnified has not been guilty of gross negligence or willful misconduct in the
performance of his duty as such Manager or officer in relation to the matter involved.
The foregoing rights shall not be exclusive of other rights to which such officer or
Manager may be entitled. All liability, loss, damage, cost, and expense incurred or
suffered by the Association by reason of or arising out of, or in connection with the
foregoing indemnification provision, shall be treated and handled by the Association as
a common expense. Nothing contained in this Section 6.01 shall, however, be deemed
to obligate the Association to indemnify any member or owner of a tract who is or has
been a Manager or officer of the Association with respect to any duties or obligations
assumed or liabilities incurred as a member or owner of a unit under or by virtue of the
Declaration.
ARTICLE VII
Amendments
! 7.01.! By-Laws. These By-Laws may be amended by the members of the
Association. No amendment shall be effective unless approved by owners representing
at least seventy-five percent of the tracts. Any notice of any meeting, therefore, shall
specify the nature and text of any proposed amendment or amendments. These By-
Laws shall at all times comply with the provisions of Colorado Revised Statutes (1973)
38-33-106.
ARTICLE XIII (sic)
Mortgages
! 8.01.! Notice to Association. Every owner who mortgages his tract shall notify
the Association by giving the name and address of his mortgagee, purchaser, transferee
or lessee to the President of the Association. The Association shall maintain such
information in a book entitled "Mortgages of Tracts."
! 8.02.! Notice of Default. The Association may report to any first mortgagee any
assessment which remains unpaid for over thirty days or of other default of an owner
which remains uncured for over thirty days.
ARTICLE IX
Miscellaneous
! 9.01.! Proof of Ownership. Except for those owners who initially purchase a tract
from Declarant, every person becoming an owner of a tract shall immediately furnish to
the Board of Managers a photocopy or certified copy of the recorded instrument vesting
in that person's such ownership which instrument shall remain in the files of the
Association. A member shall not be deemed to be in good standing nor shall he be
entitled to vote at an annual or special meeting of the members unless this requirement
is first met.
! ! ! ! ! ! William A Matthew
KNOW ALL MEN BY THESE PRESENTS that the undersigned Secretary of the
Corporation does hereby certify that above and said foregoing By-Laws were duly
adopted by the Members of said corporation as the By-Laws of the corporation on the
___8th___ day of __December__, 1978, and that they do now constitute the By-Laws of
the said corporation.
! ! ! ! ! ! Kathryn Hammerbed
ARTICLE X
Denver Basin Ground Water
! 10.1.! Inception and Background. The Association obtained a decree from the
District Court Water Division I in Case No. 05CW160 dated July 18, 2006 (the "Decree")
adjudicating rights to withdraw and use not (sic) nontributary ground water from the
Denver Aquifer and nontributary ground water from the Arapahoe and Laramie-Fox Hills
Aquifers underlying common areas within the Subdivision and underlying tracts within
the Subdivision owned by the 73 owners listed in Table I attached hereto. The said 73
owners, including their successors-in-interest are hereinafter referred to as the
"Participating Owners". For purposes of this Article, each tract owned jointly or in co-
tenancy shall be deemed to have one (1) Participating Owner. The Participating Owners
have conveyed rights to ground water in the Denver Arapahoe, and Laramie-Fox Hills
aquifers (collectively referred to as the "Denver Basin Ground Water") underlying their
respective tracts to the Association.
! 10.2.! Decision Making Authority. Except as provided in paragraph 10.5., below,
the Board of Managers shall have exclusive authority for management, administration,
and all decisions relating to the withdrawal and use of the rights to Denver Basin
Ground Water confirmed by the Decree and shall be responsible for compliance with the
terms and conditions thereof; provided however that any member of the Board of
Managers who is not one of the Participating Owners, shall not vote or otherwise
participate in the deliberations on such decisions.
! 10.3.! Costs and Special Assessment. Any costs incurred as a result of or
relating to the activities of the Board of Managers described in paragraph 10.2 shall be
borne by the Participating Owners by a special assessment to be periodically fixed and
levied by the Board of Managers on and collected, pro rata, from the Participating
Owners. For purposes of this paragraph, each of the 73 Participating Owners (or their
successors-in-interest) shall be deemed to have an undivided 1/73 interest in the
Denver Basin Ground Water. The Board of Managers shall establish and maintain a
separate bank account for the proceeds of such special assessments and for payment
of such costs. The Board of Managers shall have authority to adjust, decrease, or
increase the amount of the special assessments; to credit any excess of assessments
over expenses and cash reserves to the Participating Owners against the next
succeeding assessment period. All special assessments shall be made in statement
form to the Participating Owner and shall set forth in detail the various expenses for
which the special assessment is being made.!
! 10.4.! Benefits. All benefits from the withdrawal, use, sale, or other disposition of
the Denver Basin Groundwater shall accrue, pro rata, to the Participating Landowners.
For purposes of this paragraph, each of the 73 Participating Owners (or their
successors-in-interest) shall be deemed to have an undivided 1/73 interest in the
Denver Basin Ground Water.
! 10.5.! Election Requirement. Any proposal by the Board of Managers to:
(a) construct any well(s) to withdraw all or any portion of the Denver Basin
Ground Water;
(b) trade, sell, transfer, or otherwise alienate all or any portion of the
Denver Basic Ground Water;
(c) incur any expense related to the Denver Basin Ground Water in excess
of $10,000 during any budget cycle;
!
shall be subject to approval of two-thirds of the Participating Owners at an election
during a special meeting called for that purpose. The presence in person or by proxy of
a majority of the 73 Participating Owners shall constitute a quorum. At any such
election, each tract owned by a Participating Owner shall have one vote based on one
vote per tract. An affirmative vote of two-thirds of the Participating Owners at a (sic)
such a meeting at which a quorum of the Participating Owners is present, either in
person or by proxy, shall be sufficient to transact business and to adopt decisions
binding upon all Participating Owners. Proxy voting shall be subject to the requirements
of paragraph 2.06. of these by-laws.
! 10.6.! Adding Participating Owners. Subject to approval of the Board of
Managers, any owner who is not a Participating Owner may join as a Participating
Owner by making a written request to the Board of Mangers (sic) to do so, by conveying
all right title and interest the owner has in and to all Denver Basin Ground Water
underlying the owner's tract to the Association, and by agreeing to reimburse the
Association for all legal and engineering costs incurred by the Association to include the
said Denver Basin Ground Water in the Decree. The decision of whether or not to allow
the owner as to join as a Participating Owner is subject to the sole discretion of the
Board of Managers based on the determination that the addition of the proposed new
Participating Owner is in the best interest of the Association and the Participating
Owners. In the event the Board of Managers decides to allow an owner to join the
Participating Owners, this Article and Table 1 shall be amended as appropriate.
! 10.7.! Household Use Wells. Any Participating Owner whose existing household
well fails because of lack of water in the Lower Dawson Aquifer, may request that the
Board of Managers consent to an allocation of up to one acre foot per year from the
Association's ownership of rights to ground water in the Denver Aquifer to facilitate that
Participating Owner's ability to obtain a well permit for a new household use only from
the Colorado State Engineer. Upon verification of the failure of the well due to lack of
water in the aquifer, the Board of Managers shall execute such documents as required
by the State Engineer to evidence such allocation to the Participating Owner. Any
Participating Owner whose existing household well fails because of lack of water in an
aquifer other than the Lower Dawson Aquifer, may request that the Board of Managers
consent to an allocation of up to one acre foot per year from the Association's ownership
of rights subject to the Decree to facilitate that Participating Owner's ability to obtain a
well permit for a new household use only well in the next deeper aquifer from the
Colorado State Engineer. Upon verification of the failure of the well, the Board of
Managers shall execute such documents as required by the State Engineer to evidence
such allocation to the Participating Owner. By making such allocation, the Association
makes no warranty or guarantee whatsoever of the legal or physical availability of the
water or the suitability or quality of the water for any particular purpose. The
Participating Owner, and not the Association shall be responsible for any and all costs
associated with obtaining any required well permit and constructing and operating any
new well.
TABLE 1
OAK HILLS OWNERS ASSOCIATION, INC.
OWNERS PARTICIPATING IN WATER COURT ADJUDICATION
IN CASE NO. 05CW160
LOT LOT SIZE (AC) ADDRESS
1 5.000 655 W Oak Hill Ln
2 5.000 595 W Oak Hill Ln
4 5.000 489 W Oak Hill Ln
5 5.210 465 W Oak Hills Dr
6 5.000 353 W Oak Hills Dr
7 5.000 395 W Oakwood Ln
8 5.000 417 E Oakwood Ln
9 5.000 431 W Oakwood Ln
10 5.000 443 W Oakwood Ln
11 5.000 461 W Oakwood Ln
12 6.500 479 W Oakwood Ln
13 7.340 495 W Oakwood Ln
14 10.19 8033 Coventry Dr
16 5.000 547 W Oakwood Ln
17 5.000 575 W Oakwood Ln
18 5.000 599 W Oakwood Ln
19 5.000 621 W Oakwood Ln
21 5.000 657 W Oakwood Ln
23 5.000 8154 N Keith Ct
24 5.000 8196 N Keith Ct
25 5.000 8238 N Keith Ct
26 5.550 8245 N Keith Ct
27 5.000 650 W Oakwood Ln
28 5.000 636 W Oakwood Ln
LOT LOT SIZE (AC) ADDRESS
29 5.000 604 W Oakwood Ln
30 5.000 588 W Oakwood Ln
31 5.000 572 W Oakwood Ln
32 5.000 540 W Oakwood Ln
34 5.000 502 W Oakwood Ln
35 5.000 442 W Oakwood Ln
36 5.000 400 W Oakwood Ln
37 5.000 378 W Oakwood Ln
38 5.000 360 W Oakwood Ln
39 6.360 348 W Oakwood Ln
40 5.000 336 W Oakwood Ln
41 5.000 326 E Oak Hills Dr
42 7.620 412 E Oak Hills Dr
44 5.000 572 E Oak Hills Dr
45 5.000 8437 Oak Ct
46 5.000 8413 Oak Ct
47 5.000 8420 Oak Ct
48 5.000 8440 Oak Ct
50 5.000 535 E Oak Hills Dr
51 5.000 576 W Oak Hill Ln
52 5.000 644 W Oak Hill Ln
53 7.292 8168 N Pinewood Dr
54 6.906 8202 N Pinewood Dr
55 5.244 8250 N Pinewood Dr
56 5.000 8276 N Pinewood Dr
57 5.390 8314 N Pinewood Dr
59 5.000 8410 N Pinewood Dr
60 5.245 8462 N Pinewood Dr
LOT LOT SIZE (AC) ADDRESS
62 5.000 56 W Oak Hills Dr
63 5.117 75 W Oak Hills Dr
64 5.000 57 W Oak Hills Dr
65 5.296 8674 N Pinewood Ct
66 5.000 8770 N Pinewood Ct
67 5.000 8778 N Pinewood Ct
68 5.000 8751 N Pinewood Ct
69 5.000 8751 N Pinewood Ct
70 5.000 8705 N Pinewood Ct
71 5.128 8663 N Pinewood Dr
72 5.283 151 W Oak Hills Dr
73 6.073 114 W Oak Hills Dr
74 5.000 8415 N Pinewood Dr
75 5.000 8351 N Pinewood Dr
76 5.000 8275 N Pinewood Dr
77 5.000 8243 N Pinewood Dr
78 5.213 8187 N Pinewood Dr
79 5.000 8366 N Heather Dr
80 5.000 8420 N Heather Dr
81 5.000 8456 N Heather Dr
82 5.035 8510 N Heather Dr
Changes to the By-Laws of the Oak Hills Owners Association
By unanimous vote of the members of the Oak Hills Owners Association in November
2009, approved by the Board of Managers December 3, 2009, the following changes
have been made to the by-laws of the Oak Hills Owners Association.
Article III
3.04
It shall be the duty of the Secretary to mail a notice by regular United States mail or
email to each record owner giving notice of the time and place thereof. A waiver of
notice signed by all of the Association before, at or after any meeting shall be a valid
substitute for notice. The certificate of the Secretary that notice was properly given as
provided in these By-Laws shall be prima facie evidence thereof.
Article IV
4.11
Special meetings of the Board of Managers may be called by the President on his or
her own initiative with three days notice to each Manager given personally or by email,
mail, telephone or telegraph. The notice shall set forth the time, place and purpose of
the meeting. Special meetings of the Board of Managers shall be called by the
President or Secretary in like manner and on like notice upon receipt of a request to call
such a special meeting from at least two managers.
By unanimous vote of the Members of Board of the Oak Hills Owners Association on
November 4, 2013, to comply with Article 33.3.3-217 Colorado Common Interest
Ownership Act, the following changes have been made to the By-Laws of the Oak Hills
Owners Association.
Article VII Amendments
7.01
These By-Laws may be amended by the members of the Association. No amendment
shall be effective unless approved by owners representing at least sixty-seven percent
of the tracts. Any notice of any meeting; therefore, shall specify the nature and text of
any proposed amendment or amendments.
These By-Laws were retyped verbatim and do not supersede or change any of the
content or intent of the original By-Laws. The original By-Laws are available on request.
October 31, 2013
by Ruth G Hiebert
Treasurer
Oak Hills Owners Association.

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Oak hills by laws pdf

  • 1. BY-LAWS OAK HILLS OWNERS ASSOCIATION, INC. ARTICLE I Object ! 1.01! Association. The Oak Hills Owners Association, Inc., (the "Association") is a non-profit corporation organized under the Colorado Non-Profit Corporation Act. ! 1.02! Purpose. The purpose for which the Association is formed is to govern the subdivision situated in Douglas County Colorado which is known as Oak Hills Subdivision, hereinafter referred to as the "Subdivision", and which property is subject to the provisions of the Declaration of Covenants, Conditions and Restrictions for Oak Hills, hereinafter referred to as the "Declaration". ! 1.03! Owners Subject to By-Laws. All present or future owners, tenants, future tenants, or any other person who might use in any manner the property or any portion of the property within the subdivision are subject to the regulations set forth in these By- Laws. The mere acquisition or rental of any tract within the subdivision or the mere act of occupancy of any improvements upon any of said tracts by any person will signify that any such person has accepted, ratified and agree to comply with these By-Laws. ARTICLE II Membership Voting Majority, Quorum and Proxies ! 2.01! Membership. Ownership of a tract within the Subdivision is required to qualify for a membership in the Association. Any person on becoming a (sic) owner of any tract within the Subdivision shall automatically become a member of this Association and shall be subject to these By-Laws. Such membership shall terminate without any formal Association action whatsoever whenever such person ceases to own a tract, but such termination shall not relieve or release any former owner from any liability or obligation to the Association or impair any rights or remedies which the Association may have against such former owner arising out of, or in any way connected with, ownership of a tract and membership in the Association. No certificates of stock shall be issued by the Association, but the Board of Managers may, if it so elects, issue membership cards to the owners. Such membership cards shall be surrendered to the Secretary whenever ownership of a tract designated thereon shall terminate. ! 2.02! Classes of Membership. There shall be two classes of membership as follows:
  • 2. ! Class A - Class A members shall be all of the owners with the exception of the Declarant within the Declaration. There shall be one Class A membership in the corporation for each of said owners other than Declarant. ! Class B - Class B members shall be the Declarant and shall, notwithstanding Paragraph 2.03 below, be entitled to three votes for each tract owned by the Declarant. The Class B membership shall cease and shall be converted to one Class A membership for each tract owned by the Declarant upon the happening of either of the following events whichever occurs first: a. When the total votes outstanding in Class A membership equal the total outstanding in the Class B membership; or b. On January 1, 1983. ! 2.03! Voting. All members shall be entitled to vote on all matters with one vote per tract. If title to any tract shall be held by two or more co-tenants, then each vote for such tract shall be cast in such manner as the co-tenants shall among themselves decide; provided, however, that in no event shall any tract cast more than one vote as set forth in these By-Laws and the Articles of Incorporation of the Association. Cumulative voting in the election of managers shall not be permitted. ! 2.04! Quorum. Except as otherwise provided in these By-Laws, the presence in person or by proxy of the majority of tract owners shall constitute a quorum. An affirmative vote of a majority of those present at a meeting at which a quorum is in attendance, either in person or by proxy, shall be sufficient to transact business and to adopt decisions binding upon all owners. ! 2.05! Definitions. As used in these by-laws, the term "majority of tract owners" shall mean owners of more than fifty percent of the tracts. The term "majority of those present at a meeting at which a quorum is in attendance" shall mean owners of more than twenty-five percent of the tracts within the Subdivision. ! 2.06! Proxies. Votes may be cast in person or by proxy. Proxies must be filed with the Secretary before the appointed time of such meeting. All proxies must be in writing and must be notarized. Proxies may be either general or for a particular meeting. A proxy holder need not be an owner of a tract within a subdivision. ARTICLE III Meetings
  • 3. ! 3.01! Place of Meetings. Meetings of the Association shall be held at such place within the State of Colorado as the Board of Managers may determine. ! 3.02! Annual Meetings. The annual meetings of the Association shall be held each year on such date as shall be selected by the Board of Managers; provided, that such meeting shall occur each year no later than three months after the end of the Association's fiscal year. The first annual meeting shall be called by the initial Board of Managers of the Association. At such meetings the owners may transact such business of the Association as may properly come before the meeting. At each annual meeting members of the Board of Managers shall be elected. The Association may adopt a procedure whereby terms of Managers do not expire at the same time. In such event at least one/third of such terms will expire annually. ! 3.03! Special Meetings. It shall be the duty of the President to call a special meeting of the Association as required by the President, a resolution of the Board of Managers, or by petition of the owners of units representing at least twenty-five percent of the tracts within the Subdivision. The notice of any special meeting shall state the time and place of such meeting and the specific purpose thereof. No business shall be transacted at a special meeting except as stated in the notice unless upon the consent of owners representing at least fifty percent of the tracts. Any such meeting shall be held within 30 days after receipt by the President of such a resolution for petition. ! 3.04! Notice of Meetings. It shall be the duty of the Secretary to mail a notice of the time and place of each annual or special meeting and stating the purpose thereof. A waiver of notice signed by all members of the Association before, at or after any meeting shall be a valid substitute for notice. The certificate of the Secretary that notice was properly given as provided in these By-Laws shall be prima facie evidence thereof. ! 3.05! Adjourned Meetings. If any meeting of owners cannot be convened because a quorum has not been attained or if the business of the meeting cannot be concluded, the owners who are present either in person or by proxy may adjourn the meeting for periods of no longer than one week from time to time until a quorum is obtained or until a conclusion can be reached. ! 3.06! Order of Business. The order of business at all meetings of the owners of units shall be as follows: (a) Roll call; (b) Proof of notice of meeting or waiver of notice; (c) Reading of minutes; (d) Reports of officers; (e) Reports of committees;
  • 4. (f) Election of Managers (annual meetings only); (g) Unfinished business; (h) New Business. ARTICLE IV Board of Managers ! 4.01! Association Responsibilities. The owners of the tracts will constitute the Association who will have the responsibility of administering the Subdivision through a Board of Managers. ! 4.02! Number and Qualification. The affairs of the Association shall be governed by a Board of Managers composed of three persons. The number of Managers may be increased or decreased by amendment of these By-Laws; provided, however, that the number of Managers shall not be reduced to less than three nor increased more than seven. Until the first meeting of the Association, the Board of Managers shall consist of the individuals named as such in the Articles of Incorporation of the Association. ! 4.03! Powers and Duties. The Board of Managers shall have the powers and duties necessary for the administration of the affairs of the Association and for the operation and maintenance of a first class residential subdivision. The Board of Managers may do all acts which are neither prohibited by nor directed to be exercised and done only by the owners by law, the Articles of Incorporation of the Association, these By-Laws or the Declaration. ! 4.04! Environmental Control Committee. The Board of Managers shall appoint an Environmental Control Committee the members of which may be members of the Board of Managers and shall be, in any event, owners of tracts within the Subdivision. For these purposes, the definition of ownership of a tract shall include all partners, agents and employees of the Declarant within the Declaration so long as there exists a Class B membership in the Association. There shall not be fewer than three persons appointed to this Committee. The Environmental Control Committee shall have any exercise all of the powers and responsibilities contained in the Declaration, the Articles of Incorporation and these By-Laws. ! 4.05! Other Powers and Duties. The Board of Managers and the Environmental Control Committee shall be empowered and shall have the duties which follow:
  • 5. (a)! To administer and enforce the covenants, conditions, restrictions, easements, uses, limitations, obligations and all other provisions set forth in the Declaration. (b)! To establish, make and enforce compliance with reasonable rules and regulations as may be necessary to govern the Subdivision. A copy of any such rules and regulations adopted shall be delivered to or mailed to each member promptly upon the adoption thereof. (c)! To keep in good order, condition and repair all roads and rights-of- way shown on the plat of the Subdivision.! (d)! To obtain and maintain policies of insurance upon any (sic) all property owned by the Association as the Board of Managers shall in its judgment deem appropriate. (e)! To periodically fix, determine, levy and collect the prorated assessments to (sic) paid by each of the owners toward the gross expenses of the Association; to adjust, decrease or increase the amount of the assessments; to credit any access(sic) of assessments over expenses and cash reserves to the owners against the next succeeding assessment period and to levy and collect special assessments not in excess of four times the said annual dues whenever in the opinion of the Board of Managers it is necessary to do so in order to meet increased operating and maintenance expenses or costs or additional capital expenses or because of emergencies. All assessments shall be in statement form and shall set forth in detail the various expenses for which the assessments are being made. (f)! To impose penalties and collect delinquent assessments by suit or otherwise and to enjoin or seek damages from an owner as is provided in the Declaration and these By-Laws. (g)! To protect and defend the Subdivision from loss or damage by suit or otherwise. (h)! To borrow funds and to give security therefore in order to pay for any expenditure or outlay required pursuant to the authority granted by the provisions of this Declaration or these By-Laws and to execute all other instruments evidencing such indebtedness as the Board of Managers may deem necessary or desirable. (i)! To enter into contracts within the scope of their duties and powers. (j)! To establish bank accounts which are interest bearing or non- interest bearing as may be deemed advisable by the Board of Managers.
  • 6. (k)! To keep and maintain detailed, full and accurate books and records showing in chronological order all of the receipts, expenses, or disbursements with appropriate specificity and itemization; to permit inspection thereof during convenient weekday business hours by any of the owners and/or their mortgagees; and, upon affirmative vote of at least a majority of the tract owners, to cause a complete audit to (sic) made of the books and accounts by a competent certified public accountant. (l)! To prepare and deliver annually to each owner a statement showing all receipts, expenses, or disbursements since the last statement. ! ! ! (m)! To suspend the voting rights of an owner for failure to comply with these By-Laws, the rules and regulations of the Association or any other obligation of the owners of tracts pursuant to the Declaration. (n)! In general to carry on the administration of the Association and to do all of those things necessary and/or desirable in order to carry out the governance and operation of the Subdivision. ! 4.06! Election and Term of Office. Members of the Board of Managers shall (sic) elected from among the owners of tracts by a majority or plurality, as appropriate, of the tract owners voting at the annual meeting of the members of the Association. The term of each manager's service shall extend until the next annual meeting of the members and thereafter until his successor is duly elected and qualified or until such manager is removed in the manner hereinafter provided. ! 4.07! Vacancies. Vacancies in the Board of Managers caused by any reason other than the removal of a manager by vote of the Association shall be fulfilled by an election of the remaining managers even though they may constitute less than a quorum. Each person so elected shall be a manager until a successor is elected at the next annual meeting of the Association. ! 4.08! Removal of Directors. At any annual or special meeting of the Association duly called, any one or more of the Managers may be removed, with or without cause, by a majority of the owners. Any successor may then and there be elected to fill the vacancy thus created. Any Manager whose removal has been proposed by the owners shall be given an opportunity to be heard at such a meeting. ! 4.09! Organizational Meeting. The first meeting of a newly elected Board of Managers shall be held within thirty days of the election at such place as shall be fixed by the Managers at the meeting at which such Managers were elected. No notice shall be necessary to the newly elected Managers in order to convene such meeting, provided that a majority of the new Board shall be present at the election meeting.
  • 7. ! 4.10! Regular Meetings. Regular meetings of the Board of Managers may be held at such time and place as shall be determined from time to time by a majority of the Managers, but at least one such meeting shall be held each year. Notice of regular meetings of the Board of Managers shall be given to each Manager personally or by mail, telephone, or telegraph at least three days prior to the day named for such a meeting. ! 4.11! Special Meetings. Special meetings of the Board of Managers may be called by the President on his on (sic) initiative with three days notice to each Manager given personally or by mail, telephone or telegraph. The notice shall set forth the time, place and purpose of the meetings. Special meetings of the Board of Managers shall be called by the President or Secretary and (sic) like manner and on like notice upon receipt of a written request to call such a special meeting from at least two managers. ! 4.12! Waiver of Notice. Before or at any meeting of the Board of Managers any Manager may, in writing, waive notice of such a meeting and such waiver shall be deemed equivalent to the giving of such notice. Attendance by a Manager at any meeting of the Board shall be a waiver of notice by him of the time and place thereof. If all of the Managers are present at any meeting of the Board, no notice shall be required and any business may be transacted at such meeting. ! 4.13! Quorum of Board of Managers. At all meetings of the Board of Managers a majority of the Managers shall constitute a quorum for the transaction of business. The acts of the majority of Managers present at a meeting at which a quorum is present shall be valid acts of the Board of Managers. If, at any meeting of the Board of Managers, there shall be less than a quorum present, the majority of those present may adjourn the meeting from time to time. At any such adjourned meeting, any business which might have been transacted at the meeting as originally called, may be transacted at the adjourned meeting without further notice. ! 4.14! Compensation and Fidelity Bonds. The members of the Board of Managers shall serve without salary or compensation. The Board of Managers may require that all officers or employees of the Association handling or/and responsible for the Association's funds shall furnish adequate fidelity bonds. The premiums on such bonds shall be paid by the Association. All actions of members of the Board done in good faith and using reasonable care shall be without recourse by the Association or any owner. ARTICLE V Officers ! 5.01! Designation of Officers. Designation of the officers of the Association shall be a President, Vice President, or Vice Presidents, Secretary and a Treasurer. All of them shall be elected by the Board of Managers.
  • 8. ! 5.02! Election of Officers. The officers of the Association shall be elected annually by the Board of Managers at the organizational meeting of each new board and shall hold office at the pleasure of the Board. All officers, except the initial officers, must be members of the Association and the President must be elected from among the Board of Managers. One person may hold concurrently the office of Vice President and Secretary, or Vice President and Treasurer, or Secretary and Treasurer, but the President shall serve only in the office of President. ! 5.03! Removal of Officers. Upon affirmative vote of a majority of the members of the Board of Managers, any officer may be removed, either with or without cause, and his successor shall be elected at a regular meeting of the Board of Managers or at any special meting of the Board of Managers called for such purpose. ! 5.04! President. The President shall be elected from among the Board of Managers and shall be the Chief Executive Officer of the Association. The President shall preside at all meetings of the Association and of the Board of Managers. The President shall have all of the general powers and duties which are usually vested in the office of the President of a non-profit corporation including, but not limited to, the power to appoint committees from among the members from time to time as may be deemed to be appropriate, to assist in the conduct of the affairs of the Association, or as may be established by the Board or by the members of the Association at any regular or special meetings. However, the Environmental Control Committee herein provided for shall be appointed by majority vote of the Board of Managers. ! 5.05! Vice President. The Vice President shall have all of the powers and authority of and shall perform all of the functions and duties of the President in the absence of the President or in the President's inability for any reason to exercise such powers and functions or perform such duties. ! 5.06! Secretary. The Secretary shall keep minutes of all meetings of the Association. The Secretary shall have charge of such books and papers as the Board of Managers shall direct and shall in general perform all the duties incident to the office of Secretary. The Secretary shall compile and keep up to date at the principal office of the Association a complete list of members and their last known addresses as shown on the records of the Association. Such list shall also show opposite each member's name the number and/or other appropriate designation of the tract owned by such member. Such list shall be open to inspection by members and other persons lawfully entitled to inspect the same at reasonable times during regular business hours. Assistant Secretaries, if any, shall have the same duties and powers subject to supervision by the Secretary. ! 5.07! Treasurer. The Treasurer shall have responsibility for the Association funds and shall keep financial records and books of account of the Association. The Treasurer shall also be responsible for keeping full and accurate accounts of all receipts
  • 9. and disbursements in the name and to the credit of the Association in such depositories as shall be from time to time designated by the Board of Managers. ARTICLE VI Indemnification of Directors and Officers ! 6.01.! Indemnification. The Association shall and hereby does indemnify each Manager and officer and his or her heirs, executors, and administrators against all loss, cost, and expense, including counsel fees reasonable incurred, in connection with any action, suite or proceeding to which such person may be made a party by reason of being or having been a Manager or officer of the Association, except as to matters as to which such person shall be finally adjudged in such action, suit or proceeding to be liable for gross negligence of (sic) willful misconduct. In the event of a settlement, indemnification shall be provided only in connection with such matters covered by the settlement to which the Association is advised by counsel that the person to be indemnified has not been guilty of gross negligence or willful misconduct in the performance of his duty as such Manager or officer in relation to the matter involved. The foregoing rights shall not be exclusive of other rights to which such officer or Manager may be entitled. All liability, loss, damage, cost, and expense incurred or suffered by the Association by reason of or arising out of, or in connection with the foregoing indemnification provision, shall be treated and handled by the Association as a common expense. Nothing contained in this Section 6.01 shall, however, be deemed to obligate the Association to indemnify any member or owner of a tract who is or has been a Manager or officer of the Association with respect to any duties or obligations assumed or liabilities incurred as a member or owner of a unit under or by virtue of the Declaration. ARTICLE VII Amendments ! 7.01.! By-Laws. These By-Laws may be amended by the members of the Association. No amendment shall be effective unless approved by owners representing at least seventy-five percent of the tracts. Any notice of any meeting, therefore, shall specify the nature and text of any proposed amendment or amendments. These By- Laws shall at all times comply with the provisions of Colorado Revised Statutes (1973) 38-33-106. ARTICLE XIII (sic) Mortgages
  • 10. ! 8.01.! Notice to Association. Every owner who mortgages his tract shall notify the Association by giving the name and address of his mortgagee, purchaser, transferee or lessee to the President of the Association. The Association shall maintain such information in a book entitled "Mortgages of Tracts." ! 8.02.! Notice of Default. The Association may report to any first mortgagee any assessment which remains unpaid for over thirty days or of other default of an owner which remains uncured for over thirty days. ARTICLE IX Miscellaneous ! 9.01.! Proof of Ownership. Except for those owners who initially purchase a tract from Declarant, every person becoming an owner of a tract shall immediately furnish to the Board of Managers a photocopy or certified copy of the recorded instrument vesting in that person's such ownership which instrument shall remain in the files of the Association. A member shall not be deemed to be in good standing nor shall he be entitled to vote at an annual or special meeting of the members unless this requirement is first met. ! ! ! ! ! ! William A Matthew KNOW ALL MEN BY THESE PRESENTS that the undersigned Secretary of the Corporation does hereby certify that above and said foregoing By-Laws were duly adopted by the Members of said corporation as the By-Laws of the corporation on the ___8th___ day of __December__, 1978, and that they do now constitute the By-Laws of the said corporation. ! ! ! ! ! ! Kathryn Hammerbed
  • 11. ARTICLE X Denver Basin Ground Water ! 10.1.! Inception and Background. The Association obtained a decree from the District Court Water Division I in Case No. 05CW160 dated July 18, 2006 (the "Decree") adjudicating rights to withdraw and use not (sic) nontributary ground water from the Denver Aquifer and nontributary ground water from the Arapahoe and Laramie-Fox Hills Aquifers underlying common areas within the Subdivision and underlying tracts within the Subdivision owned by the 73 owners listed in Table I attached hereto. The said 73 owners, including their successors-in-interest are hereinafter referred to as the "Participating Owners". For purposes of this Article, each tract owned jointly or in co- tenancy shall be deemed to have one (1) Participating Owner. The Participating Owners have conveyed rights to ground water in the Denver Arapahoe, and Laramie-Fox Hills aquifers (collectively referred to as the "Denver Basin Ground Water") underlying their respective tracts to the Association. ! 10.2.! Decision Making Authority. Except as provided in paragraph 10.5., below, the Board of Managers shall have exclusive authority for management, administration, and all decisions relating to the withdrawal and use of the rights to Denver Basin Ground Water confirmed by the Decree and shall be responsible for compliance with the terms and conditions thereof; provided however that any member of the Board of Managers who is not one of the Participating Owners, shall not vote or otherwise participate in the deliberations on such decisions. ! 10.3.! Costs and Special Assessment. Any costs incurred as a result of or relating to the activities of the Board of Managers described in paragraph 10.2 shall be borne by the Participating Owners by a special assessment to be periodically fixed and levied by the Board of Managers on and collected, pro rata, from the Participating Owners. For purposes of this paragraph, each of the 73 Participating Owners (or their successors-in-interest) shall be deemed to have an undivided 1/73 interest in the Denver Basin Ground Water. The Board of Managers shall establish and maintain a separate bank account for the proceeds of such special assessments and for payment of such costs. The Board of Managers shall have authority to adjust, decrease, or increase the amount of the special assessments; to credit any excess of assessments over expenses and cash reserves to the Participating Owners against the next succeeding assessment period. All special assessments shall be made in statement form to the Participating Owner and shall set forth in detail the various expenses for which the special assessment is being made.! ! 10.4.! Benefits. All benefits from the withdrawal, use, sale, or other disposition of the Denver Basin Groundwater shall accrue, pro rata, to the Participating Landowners. For purposes of this paragraph, each of the 73 Participating Owners (or their successors-in-interest) shall be deemed to have an undivided 1/73 interest in the Denver Basin Ground Water.
  • 12. ! 10.5.! Election Requirement. Any proposal by the Board of Managers to: (a) construct any well(s) to withdraw all or any portion of the Denver Basin Ground Water; (b) trade, sell, transfer, or otherwise alienate all or any portion of the Denver Basic Ground Water; (c) incur any expense related to the Denver Basin Ground Water in excess of $10,000 during any budget cycle; ! shall be subject to approval of two-thirds of the Participating Owners at an election during a special meeting called for that purpose. The presence in person or by proxy of a majority of the 73 Participating Owners shall constitute a quorum. At any such election, each tract owned by a Participating Owner shall have one vote based on one vote per tract. An affirmative vote of two-thirds of the Participating Owners at a (sic) such a meeting at which a quorum of the Participating Owners is present, either in person or by proxy, shall be sufficient to transact business and to adopt decisions binding upon all Participating Owners. Proxy voting shall be subject to the requirements of paragraph 2.06. of these by-laws. ! 10.6.! Adding Participating Owners. Subject to approval of the Board of Managers, any owner who is not a Participating Owner may join as a Participating Owner by making a written request to the Board of Mangers (sic) to do so, by conveying all right title and interest the owner has in and to all Denver Basin Ground Water underlying the owner's tract to the Association, and by agreeing to reimburse the Association for all legal and engineering costs incurred by the Association to include the said Denver Basin Ground Water in the Decree. The decision of whether or not to allow the owner as to join as a Participating Owner is subject to the sole discretion of the Board of Managers based on the determination that the addition of the proposed new Participating Owner is in the best interest of the Association and the Participating Owners. In the event the Board of Managers decides to allow an owner to join the Participating Owners, this Article and Table 1 shall be amended as appropriate. ! 10.7.! Household Use Wells. Any Participating Owner whose existing household well fails because of lack of water in the Lower Dawson Aquifer, may request that the Board of Managers consent to an allocation of up to one acre foot per year from the Association's ownership of rights to ground water in the Denver Aquifer to facilitate that Participating Owner's ability to obtain a well permit for a new household use only from the Colorado State Engineer. Upon verification of the failure of the well due to lack of water in the aquifer, the Board of Managers shall execute such documents as required by the State Engineer to evidence such allocation to the Participating Owner. Any Participating Owner whose existing household well fails because of lack of water in an aquifer other than the Lower Dawson Aquifer, may request that the Board of Managers consent to an allocation of up to one acre foot per year from the Association's ownership of rights subject to the Decree to facilitate that Participating Owner's ability to obtain a
  • 13. well permit for a new household use only well in the next deeper aquifer from the Colorado State Engineer. Upon verification of the failure of the well, the Board of Managers shall execute such documents as required by the State Engineer to evidence such allocation to the Participating Owner. By making such allocation, the Association makes no warranty or guarantee whatsoever of the legal or physical availability of the water or the suitability or quality of the water for any particular purpose. The Participating Owner, and not the Association shall be responsible for any and all costs associated with obtaining any required well permit and constructing and operating any new well.
  • 14. TABLE 1 OAK HILLS OWNERS ASSOCIATION, INC. OWNERS PARTICIPATING IN WATER COURT ADJUDICATION IN CASE NO. 05CW160 LOT LOT SIZE (AC) ADDRESS 1 5.000 655 W Oak Hill Ln 2 5.000 595 W Oak Hill Ln 4 5.000 489 W Oak Hill Ln 5 5.210 465 W Oak Hills Dr 6 5.000 353 W Oak Hills Dr 7 5.000 395 W Oakwood Ln 8 5.000 417 E Oakwood Ln 9 5.000 431 W Oakwood Ln 10 5.000 443 W Oakwood Ln 11 5.000 461 W Oakwood Ln 12 6.500 479 W Oakwood Ln 13 7.340 495 W Oakwood Ln 14 10.19 8033 Coventry Dr 16 5.000 547 W Oakwood Ln 17 5.000 575 W Oakwood Ln 18 5.000 599 W Oakwood Ln 19 5.000 621 W Oakwood Ln 21 5.000 657 W Oakwood Ln 23 5.000 8154 N Keith Ct 24 5.000 8196 N Keith Ct 25 5.000 8238 N Keith Ct 26 5.550 8245 N Keith Ct 27 5.000 650 W Oakwood Ln 28 5.000 636 W Oakwood Ln
  • 15. LOT LOT SIZE (AC) ADDRESS 29 5.000 604 W Oakwood Ln 30 5.000 588 W Oakwood Ln 31 5.000 572 W Oakwood Ln 32 5.000 540 W Oakwood Ln 34 5.000 502 W Oakwood Ln 35 5.000 442 W Oakwood Ln 36 5.000 400 W Oakwood Ln 37 5.000 378 W Oakwood Ln 38 5.000 360 W Oakwood Ln 39 6.360 348 W Oakwood Ln 40 5.000 336 W Oakwood Ln 41 5.000 326 E Oak Hills Dr 42 7.620 412 E Oak Hills Dr 44 5.000 572 E Oak Hills Dr 45 5.000 8437 Oak Ct 46 5.000 8413 Oak Ct 47 5.000 8420 Oak Ct 48 5.000 8440 Oak Ct 50 5.000 535 E Oak Hills Dr 51 5.000 576 W Oak Hill Ln 52 5.000 644 W Oak Hill Ln 53 7.292 8168 N Pinewood Dr 54 6.906 8202 N Pinewood Dr 55 5.244 8250 N Pinewood Dr 56 5.000 8276 N Pinewood Dr 57 5.390 8314 N Pinewood Dr 59 5.000 8410 N Pinewood Dr 60 5.245 8462 N Pinewood Dr
  • 16. LOT LOT SIZE (AC) ADDRESS 62 5.000 56 W Oak Hills Dr 63 5.117 75 W Oak Hills Dr 64 5.000 57 W Oak Hills Dr 65 5.296 8674 N Pinewood Ct 66 5.000 8770 N Pinewood Ct 67 5.000 8778 N Pinewood Ct 68 5.000 8751 N Pinewood Ct 69 5.000 8751 N Pinewood Ct 70 5.000 8705 N Pinewood Ct 71 5.128 8663 N Pinewood Dr 72 5.283 151 W Oak Hills Dr 73 6.073 114 W Oak Hills Dr 74 5.000 8415 N Pinewood Dr 75 5.000 8351 N Pinewood Dr 76 5.000 8275 N Pinewood Dr 77 5.000 8243 N Pinewood Dr 78 5.213 8187 N Pinewood Dr 79 5.000 8366 N Heather Dr 80 5.000 8420 N Heather Dr 81 5.000 8456 N Heather Dr 82 5.035 8510 N Heather Dr
  • 17. Changes to the By-Laws of the Oak Hills Owners Association By unanimous vote of the members of the Oak Hills Owners Association in November 2009, approved by the Board of Managers December 3, 2009, the following changes have been made to the by-laws of the Oak Hills Owners Association. Article III 3.04 It shall be the duty of the Secretary to mail a notice by regular United States mail or email to each record owner giving notice of the time and place thereof. A waiver of notice signed by all of the Association before, at or after any meeting shall be a valid substitute for notice. The certificate of the Secretary that notice was properly given as provided in these By-Laws shall be prima facie evidence thereof. Article IV 4.11 Special meetings of the Board of Managers may be called by the President on his or her own initiative with three days notice to each Manager given personally or by email, mail, telephone or telegraph. The notice shall set forth the time, place and purpose of the meeting. Special meetings of the Board of Managers shall be called by the President or Secretary in like manner and on like notice upon receipt of a request to call such a special meeting from at least two managers.
  • 18. By unanimous vote of the Members of Board of the Oak Hills Owners Association on November 4, 2013, to comply with Article 33.3.3-217 Colorado Common Interest Ownership Act, the following changes have been made to the By-Laws of the Oak Hills Owners Association. Article VII Amendments 7.01 These By-Laws may be amended by the members of the Association. No amendment shall be effective unless approved by owners representing at least sixty-seven percent of the tracts. Any notice of any meeting; therefore, shall specify the nature and text of any proposed amendment or amendments.
  • 19. These By-Laws were retyped verbatim and do not supersede or change any of the content or intent of the original By-Laws. The original By-Laws are available on request. October 31, 2013 by Ruth G Hiebert Treasurer Oak Hills Owners Association.