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HRCA Delegates’ and Directors’ Duties,
Responsibilities, and Expectations
HRCA Delegates’ and Directors’ Duties,
Responsibilities, and Expectations
BasisBasis
Community Declaration (CC&R’s)
Covenants, Conditions, and Restrictions
Recorded against every Privately Owned Site
Contract between Owner and the HRCA
Supplemental Declaration
Articles of Incorporation
Bylaws
Community Declaration (CC&R’s)
Covenants, Conditions, and Restrictions
Recorded against every Privately Owned Site
Contract between Owner and the HRCA
Supplemental Declaration
Articles of Incorporation
Bylaws
TermsTerms
Duty: binding legal obligation
Power: ability to accomplish objective
Liability: corporate and/or personal
Duty: binding legal obligation
Power: ability to accomplish objective
Liability: corporate and/or personal
Delegate ResponsibilitiesCommunity DeclarationDelegate ResponsibilitiesCommunity Declaration
Delegates elect Directors
One vote for each privately owned site
Serve as Delegate for a District
Authorize the Board of Directors to convey property with 2/3 voting approval
Authority to approve increase in the assessments greater than 120% from preceding year with 2/3 voting approval
Delegates elect Directors
One vote for each privately owned site
Serve as Delegate for a District
Authorize the Board of Directors to convey property with 2/3 voting approval
Authority to approve increase in the assessments greater than 120% from preceding year with 2/3 voting approval
Delegate ResponsibilitiesCommunity Declaration Delegate ResponsibilitiesCommunity Declaration
Authority to approve increase in Maximum Common Assessment (cumulative CPI based) (2/3 voting approval)
Authority to approve Special Assessments for capital expenditures (2/3 voting approval)
May amend the Articles of Incorporation
May Amend the Bylaws
Authority to approve increase in Maximum Common Assessment (cumulative CPI based) (2/3 voting approval)
Authority to approve Special Assessments for capital expenditures (2/3 voting approval)
May amend the Articles of Incorporation
May Amend the Bylaws
Delegate ExpectationsDelegate Expectations
Attend Annual and Special Meeting of Delegates
Attend monthly Delegate Meeting
Read updates and HRCA Newsletters
Represent their District
Attend Annual and Special Meeting of Delegates
Attend monthly Delegate Meeting
Read updates and HRCA Newsletters
Represent their District
Director Duties and Powers Director Duties and Powers
Acting through the Board, HRCA shall have these duties and powers:
Duties: Accept property and facilities from Declarant
Pay taxes
Maintain casualty insurance
Maintain liability insurance
Obtain fidelity coverage for persons handling cash
Acting through the Board, HRCA shall have these duties and powers:
Duties: Accept property and facilities from Declarant
Pay taxes
Maintain casualty insurance
Maintain liability insurance
Obtain fidelity coverage for persons handling cash
Directors’ DutiesDirectors’ Duties
Other insurance (e.g. workers’ compensation)
Prepare budgets
Levy and collect assessments
Provide audit
Assist Architectural Committee as outlined in Article X.
Follow all applicable local, State and Federal Laws
Other insurance (e.g. workers’ compensation)
Prepare budgets
Levy and collect assessments
Provide audit
Assist Architectural Committee as outlined in Article X.
Follow all applicable local, State and Federal Laws
Director PowerDirector Power
Acquire property and construct improvements Adopt rules and regulations Enforce the Declaration and rules and regs Provide Public Functions Provide services to sub-associations Provide special services for members Charge for facilities and services Grant easements
Acquire property and construct improvements Adopt rules and regulations Enforce the Declaration and rules and regs Provide Public Functions Provide services to sub-associations Provide special services for members Charge for facilities and services Grant easements
Director PowerDirector Power
Convey and dedicate property (with approval of 2/3 Delegate voting power)
Borrow money and mortgage property (with approval of 2/3 of Delegate voting power)
Employ managers
Engage employees, agents, and consultants
Convey and dedicate property (with approval of 2/3 Delegate voting power)
Borrow money and mortgage property (with approval of 2/3 of Delegate voting power)
Employ managers
Engage employees, agents, and consultants
Director PowerDirector Power
General corporate powers
Trash collection
Regulate use of HRCA facilities
Manage the affairs of the Association
Delegate authority but not responsibility
General corporate powers
Trash collection
Regulate use of HRCA facilities
Manage the affairs of the Association
Delegate authority but not responsibility
Director Responsibilities (Finance)Director Responsibilities (Finance)
Maintenance funds
Other funds
Deposits
Disbursements
Common Assessments
Funding reserve funds
Supplemental common assessments
Maintenance funds
Other funds
Deposits
Disbursements
Common Assessments
Funding reserve funds
Supplemental common assessments
Director Responsibilities (Finance)Director Responsibilities (Finance)
Limitations of assessments (thresholds to exceed requires 2/3 voting power of Delegates)
Annual Budgets
Special assessments for capital expenditures (requires 2/3 voting power of Delegates)
Reimbursement assessments
Late charges and interest
Limitations of assessments (thresholds to exceed requires 2/3 voting power of Delegates)
Annual Budgets
Special assessments for capital expenditures (requires 2/3 voting power of Delegates)
Reimbursement assessments
Late charges and interest
Director Responsibilities (Finance)Director Responsibilities (Finance)
Notice of default and acceleration of assessments
Lawsuit to enforce assessments
Lien to enforce assessments
Estoppel certificates
Notice of default and acceleration of assessments
Lawsuit to enforce assessments
Lien to enforce assessments
Estoppel certificates
Director Responsibilities (Architectural)Director Responsibilities (Architectural)
Appoint Architectural Committee Members
Approve Rules and Guidelines
Appoint Tribunals for appeals
Hear and make determinations on Tribunal recommendations (improvements to property and non-compliance)
Lawsuits to enforce architectural matters
Estoppel Certificates
Appoint Architectural Committee Members
Approve Rules and Guidelines
Appoint Tribunals for appeals
Hear and make determinations on Tribunal recommendations (improvements to property and non-compliance)
Lawsuits to enforce architectural matters
Estoppel Certificates
Director ExpectationsDirector Expectations
Attend monthly Board Working Session Attend Delegate Meetings Attend Board Meetings Attend other meetings (Metro District, Team Highlands
Ranch, etc.) Understand Director Roles Represent HRCA at community events and activities Understand Director Roles, Duties, Powers, and
Responsibilities Lead Special Projects in support of the HRCA Strategic
Objectives
Attend monthly Board Working Session Attend Delegate Meetings Attend Board Meetings Attend other meetings (Metro District, Team Highlands
Ranch, etc.) Understand Director Roles Represent HRCA at community events and activities Understand Director Roles, Duties, Powers, and
Responsibilities Lead Special Projects in support of the HRCA Strategic
Objectives
Directors Have LiabilitiesDirectors Have Liabilities
Fiduciary Duty Duty of undivided loyalty Conflict of interest Uniform and consistent enforcement of rules Uniform and consistent enforcement of
collections Corporate liability Personal liability
Fiduciary Duty Duty of undivided loyalty Conflict of interest Uniform and consistent enforcement of rules Uniform and consistent enforcement of
collections Corporate liability Personal liability
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