Shield-O Terraces
Homeowners’ Association
Association Rules
Adopted
September 27, 2006
Amended
and Restated on September 25, 2007
Amended
and Restated on May 15, 2009
Amended
and Restated on December 6, 2018
Shield-O Terraces Homeowners’ Association (SOTHA or Association)
is governed by its Declaration of Protective Covenants, originally created by
Snowmass Development Company as described in Book 235, Page 137 et seq. in the
office of the Pitkin County Recorder of Deeds, to govern the common interest of
all properties within the subdivision.
SOTHA, its Architectural Committee, and Protective Covenants for
the Subdivision were created by its predecessor, Snowmass Development Company,
by document dated May 9, 1968 and recorded June 24 1968, in the deed records of
Pitkin County in Book 235, Page 137.
SOTHA, originally an unincorporated Association, became a
not-for-profit corporation under Colorado Law on June 10, 2000, pursuant to
authority conferred in the original Declaration.
On May 27, 2003, by requisite majority of its Members, on behalf
of its Members, SOTHA created and filed with the Pitkin County Recorder,
Reception 483213, Amended and Restated Declaration of Protective Covenants and
Restrictions. Item 2.6 of the Amended and Restated Declaration of Protective
Covenants and Restrictions states in part:
The Board may adopt, amend and
repeal rules and regulations to be known as the Association Rules. These rules
may address all matters that are of mutual concern to the Members in the use
and enjoyment of their property and the Road, including but not limited to:
annual assessments, special assessments, collection costs and interest on
delinquent assessments, and collection procedures for delinquent
assessments.
Relative to the authority conferred upon the Board by Section 2.6,
Amended and Restated Declaration of Protective Covenants and Restrictions, the
Board repeals RULES FOR USE AND MAINTENANCE OF SHIELD-O ROAD, as was created at
its regular annual meeting on January 6, 1992, thence filed in Pitkin County
Records on May 29, 1992, Book 678, Page 994.
Each Homeowner has received a set of the covenants and other
agreements that have been made with Pitkin County concerning Shield-O Terraces
subdivision. These covenants have been incorporated in the rules by
reference. If Homeowners need additional copies of the covenants, please notify
the Board. The Board is required to and will enforce these covenants when
necessary to achieve their purposes.
Under authority conferred upon the Board by Section 2.6, Amended
and Restated Declaration of Protective Covenants and Restrictions, the Board
adopts the following Association Rules for fair governance of the Association.
These rules may be amended or supplemented from time to time, as the Board
considers necessary, and copies of revised rules will be furnished to all
Homeowners and lot owners. These rules will be enforced by fines detailed
below.
Fines will be imposed after the violating Homeowner has received
at least one warning concerning a violation from the Board or a committee of
the Board. Unpaid fines will be turned into liens on a Homeowner’s
property.
1. Assessment of Members
(a) Property owners within the
Shield-O Terraces Subdivision are automatically Members of the Shield-O
Terraces Homeowners’ Association. The original Declaration of Protective
Covenants, originally created by predecessor Snowmass Development Company as
described in Book 235, Page 137 et seq. in the office of the Pitkin County
Recorder of Deeds, contains metes and bounds describing the boundaries of
Shield-O Terraces.
(b) The Association shall
present to its Members at least once annually, a Budget for operations for the
next fiscal year or operating period. Assessments required for effective
administration of the Budget shall be clearly shown within that Budget. The Association
shall assess each Member for the expenses of the Association on a pro-rata
basis and present a billing to each individual Member for the annual
assessment. The Association, through its Board, may issue special assessments
to Members for special projects, improvements, repairs, or other expenses
related to the common interests of the Association.
(c) If a Member has published
an email address with the Association, the email address may be used to issue
any billings, notices, or other communication as long as the email contains
sufficient tracking information to assure its delivery to the member. In
instances of Members not having email addresses, the Association shall send the
billings by regular mail to the Members’ addresses of record as shown on the
Pitkin County Assessor’s Records.
(d) Payment of Assessments:
The Association strictly
forbids payments of checks or other drafts containing notations or restrictive
endorsements thereon and, at it discretion, may refuse any such check or other
draft of payment. Such payments may not be credited to the Member’s account and
the account shall remain due and payable. Proper payments by Members shall be
credited to their respective accounts using standard accounting principles:
payments shall first be credited against the oldest posting in the sequential
order of interest, service charges, and then principal.
(e) Surplus funds and provision for
reserves:
Within 6 months of the completion of the
Association’s fiscal year (June 30th), the Board of Directors will
review the previous year’s operations in combination with current cash balances
to determine whether any “Surplus Funds” exist. “Surplus Funds” are
hereby defined as cash balances (either in checking, savings or investment
accounts) plus current, deemed collectable accounts receivables less current
accounts payable. Any “Surplus Funds” determined by the Board to be in
excess of the next year’s operating budget plus any reserves requirements for
future improvements or maintenance will be either credited or refunded to the
members at the sole discretion of the board.
2. Unpaid assessments
(a) The Association may charge
an administrative late fee of ten dollars ($10.00) per month for any assessment
that is not paid within 30 days of the billing date. Additionally, the
Association reserves the right to impose interest or finance charges at a rate
not to exceed twenty-one percent (21%) APR for assessments that are unpaid or
outstanding beyond 30 days of the billing date.
(b) By Resolution unanimously
adopted by the Board of Directors at its September 25, 2007 meeting, any
Association Member that is in arrears and has not fully paid the Association
assessments in a timely manner shall not be permitted to vote on any matters
before the Association. Voting rights shall be immediately and automatically
reinstated by the Member-in-Arrears paying the account in full.
3. Collection of Unpaid Assessments
After a period of ninety (90)
days from the billing date, the Association may assign any officer, director, or
other qualified person to undertake any reasonable action to cause collection
of unpaid assessments. Although Officers and Directors of the Association serve
in a volunteer capacity, such collection effort by said Officer or Director
shall been deemed as extraordinary and beyond the regular activity as an
Officer or Director, and therefore be compensable to the Officer or Director at
the rate of $75.00 per hour. The Association shall assess the Member in
Arrears, in addition to the pro-rata annual or special assessment, for any and
all amounts payable for time and costs to the Officer, Director, or other
qualified person in the collection effort. If the Officer or Director
determines that the services of an Attorney at Law are required or are
advisable, the fees charged to the Association for the services of said
Attorney shall be assessed to the Member in Arrears at the billed rate of said
Attorney, PLUS A 10% ADMINISTRATIVE CHARGE by the Association.
4. Member Liability for
Assessments
Each
Member is liable for assessments made against such Member’s property during the
period of ownership of such property. No Member/Owner may be exempt from
liability for payment of the assessments by waiver of the use or enjoyment of
any of the common elements or by abandonment of the property against which the
assessments are made.
5. Fines
Given the value of the homes
and the resources of the Homeowners within Shield-O Terraces Subdivision, the
Board believes that fines must be significant in order to accomplish their
purpose. Accordingly, the Board has established the following fines for a
violation of the rules after a Homeowner has received a warning, had an
opportunity for a discussion or a hearing with the Board, and the Board has
reaffirmed its position that a violation has occurred or is continuing:
1.
First violation after Board reaffirmation: $1000
2. Second violation: $2000
3. Third violation: $5000
In certain cases, violations of
these rules that are continuing after a warning (for example, the use of a
temporary building as a residence) result in a fine on a daily basis for each
day that the violation continues after a warning and opportunity to discuss the
matter with the Board. These fines have been set at $100 per day.
6. Use of Roadways within Shield-O Terraces
Shield-O Road and any of its
tangents within Shield-O Terraces subdivision are Private Roadways with use of
said roadways limited and restricted to Members of the Association, their
personal and business guests. The Board will determine and assess Members road
use fees. The maximum speed limit on any subdivision roadway is fifteen (15)
miles per hour.
7. Board Meetings
Board
Meeting may be called with due notice to conduct the business of the
Association. In any event of a Board Meeting called to occur within less than
ten (10) days notice to Board Members, said meeting shall not be duly organized
unless non-attending members execute a Waiver of Notice of said meeting.
Attendance shall sufficiently constitute a Waiver of Notice. Notice of all
Board Meetings shall be posted on the Association website. Any Association
Member that wishes to discuss a concern at the Board meeting shall first notify
the Board in writing as to the scope of the concern. Otherwise, Association members
that attend a Board meeting shall remain as observers only and may not
participate unless directly requested by the Board.
8. Adoption of Association
Rules
These
Association Rules were originally adopted at a Special Meeting of the Board on
Wednesday, September 27, 2006, said Rules becoming permanently attached to the
Minutes of the meeting, thence Amended and Restated at a Board meeting on
September 25, 2007, thence Amended and Restated at a Board Meeting on June 4th,
2009, and thence Amended and Restated at a Board Meeting on December 5th,
2018.
9. Accordance
These
Association Rules are intended to be in accordance with the Amended and
Restated Declaration of Protective Covenants and Restrictions. If any portion
of these Rules is found to conflict with the Amended and Restated Declaration
of Protective Covenants and Restrictions, then the Amended and Restated
Declaration of Protective Covenants and Restrictions shall prevail.
10. Interpretation.
The
Board shall determine the meaning of any provisions of these Association Rules
and in doing so may seek the advice of legal counsel. Any interpretation made
by the Board shall be final and binding on all concerned and interested parties
unless a court of competent jurisdiction shall determine otherwise.
11. Severability.
If a
court of competent jurisdiction shall finally determine for any reason that one
or more provisions of these Association Rules is contrary to law and
unenforceable, such determination shall not affect or invalidate in any way the
remaining provisions of the Association Rules which shall remain in full force
and effect.
12. Disputes or Grievances
In
accordance with CCIOA - 38-33.3-124. Legislative declaration - alternative
dispute resolution encouraged – policy statement required, any Dispute or
Grievance relating to the Association, Members of the Association, its Officers
or Directors, shall be tendered in writing to the Board of Directors as
follows:
Email: kevin@peakvisions.net
USPS Mail: Shield-O Terraces Homeowners’ Association
707
Shield-O Rd.
Snowmass,
CO 81654-9106
The
written dispute or grievance shall set forth the detail thereof, and the
Complainant’s plea for resolution or reparation.
Within
thirty (30) days of receiving said dispute or grievance, the Board shall notify
all parties to the matter and, within sixty (60) days of receipt of the
dispute, convene a special meeting for the purpose of hearing the dispute or
grievance. At the special meeting, the Complainant(s) shall have opportunity to
state the dispute or grievance and the Defendant(s) shall have opportunity to
offer rebuttal. If the Board is unable to mediate a resolution between the
Complainant(s) and Defendant(s), the Board, after deliberation and decision by
a majority vote, shall render a decision in the matter and relate said decision
to all parties to the matter. The decision of the Board shall be final.
Rules
for New Construction
13. General Goal
Construction and landscaping
shall maintain an aesthetic low impact alignment with the high alpine geography
of the Shield-O community that considers the importance of harmony with the
neighborhood.
14. Placement on Lot
Whenever possible, the house
shall be placed no closer than 50 feet from the roadway and 30 feet from
property lines. Placement and style of the house must respect neighbors' views,
space, and privacy, and conform as much as possible to contours of the lot. The
Architectural Control Committee shall inspect the site when preliminary staking
is in place and plans are at hand in order to determine whether the plans are
suitable for the site.
15. Size
The Architectural Committee
restricts that a house shall total neither more than 5,750 nor less than 1,600
square feet. This includes basement, garage, and outbuildings. Height must be
compatible with contours of the lot.
16. Landscape and Watering
In the event of water
shortages, droughts or other emergencies, the Board reserves the right to
regulate or prohibit landscape irrigation. All construction cuts shall be
seeded and repaired. Plans that involve cutting into hillside shall be
submitted and approved before construction.
17. Considerations of use of road, placement of equipment, and
construction parking
Construction traffic shall not
exceed a speed of 15 mph and shall not impede normal Subdivision traffic. All
construction vehicles and machinery shall be parked on the building site. No
vehicles and machinery shall be parked on any road without prior written
approval by the Architectural Control Committee. Dumpsters, port-a-pots, and
building materials shall be located on building site. All food-related garbage
shall be removed from the job site daily or kept in a bear-proof container.
18. Development Fee
The Association assesses a development fee of .5% of the valuation of work identified on the permit with Pitkin County for any work valued greater than $50,000. This fee is assessed for construction anywhere in the subdivision and is used to fund the architectural review and road impact repair caused by construction vehicles.
19. Building Approval
Prior
to the Architectural Control Committee issuing written approval, the parcel
owner’s account with the Association must be in good standing and all
assessments and fees must have been paid.
Shield-O Terraces Homeowners’
Association
_____________________
Stewart Holmes
President
