DRAFT POLICY

OF PARK EAST SQUARE HOMEOWNERS ASSOCIATION, INC.

REGARDING EXTERIOR CHANGES

SUBJECT:Adoption of a procedure regarding requests for exterior changes, whether related to a building or the grounds.

PURPOSE:To adopt a standard procedure to be followed for the submission, approval, and execution of exterior changes.

AUTHORITY:The Declaration, Articles of Incorporation, and Bylaws of the Association and Colorado law.

EFFECTIVE

DATE:______

RESOLUTION:The Association hereby adopts the following Policy and Procedures:

  1. General. It is the general policy of the Association to require Board approval of any and all modifications to the exterior of a townhome or the adjoining grounds in order to ensure architectural and landscape harmony, encourage compliance with building and safety codes, and protect the Association from inadvertent damage caused by owner actions.
  1. General Policy. Modifications to the exterior of a townhome may include, but are not limited to the following:
  • Addition of air conditioning condensing units, whole house fans, or swamp coolers,
  • Replacement or extension of fencing around patio areas,
  • Gates in locations that may limit access or egress to the unit,
  • Installation of decks or any kind of patio,
  • Replacement of windows and doors,
  • Penetrations of the roof for skylights, chimneys, or any other purpose,
  • Penetrations of walls, siding or trim for sump pump discharge, gas heater installation, or any other reason,
  • Alteration of any garden areas adjacent to the townhome, or construction of raised garden beds on HOA grounds, etc.
  1. Responsibility. Townhome owner becomes responsible for any modification to the townhome or adjacent HOA property, AND for any impacts resulting from the modification. See examples below:
  2. Example #1: If replacement windows leak, Owner becomes responsible for all repairs (materials and labor) to siding, insulation, studs, etc.
  3. Example #2: If a roof penetration leaks, Owner is responsible for any inside damage as well as repairs to the roof.
  4. Example #3: If an Owner has modified their fence or built a deck, they are responsible for any costs to maintain those items, or for any costs to repair impacts to the building or grounds.
  5. Example #4: If an Owner has installed a sump pump which has resulted in damage to the building or the grounds outside the building, they are responsible for any costs to repair or mitigate any impacts.
  1. Procedure for Obtaining Board Approval. Owners requesting modifications shall complete the appropriate form (available on the website or from the Board) and submit to the Board with a request to speak at a monthly board meeting. Supplemental information such as drawings, plans, specifications, and material samples should be submitted at least one week prior to allow the Board to review the request. The Board will make every effort to review the project prior to the Board meeting and approve at the meeting. Emergency requests (such as a furnace replacement in winter) may be submitted via email.
  1. Board Requirements. Owners are required to provide the Board with a copy of City of Boulder permits (if required by the City) as well as a copy of the final City inspection. The Board will require owners for each project to submit to periodic inspections and direction to be provided by the HOA’s property manager (or other designated individual) to ensure proper installations that will not impact the Association.
  1. Failure to Comply. Owners that execute projects without Board approval may be subject to the Association’s Enforcement Policy.
  1. Handling of Exterior Modifications made prior to Enactment of this Policy. Any exterior modifications that were made prior to the enactment of this policy that do not meet the covenants or current policies will be addressed in the following manner:
  1. The Board will initiate an annual survey of all units and the Association property to identify any modifications that violate covenants or policies.
  2. Unit owners who have such violations will be notified that they are in violation and that they will be required to remove or correct the violation according to the Association’s Enforcement Policy. An estimate to correct the violation will also be preparedand included in the notice. If, after following the steps in the Enforcement Policy, the Owner fails to correct the violation, the Association may file a lien on the property. This notice and all correspondence associated with following the Enforcement Policy procedures will be filed in the Association’s files for future reference.
  3. Ultimately, if the violation has not been corrected when a property goes on the market, the owner shall be reminded again to correct the violation. Before closing, when the Title Company or Lender asksabout the owner’s account being current, and about any covenant violations, the Association will assess the owner for the associated costs of the corrections as per the estimate on file. The Association will then correct the violation[LB1].
  1. Supplement to Law. The provisions of this Policy shall be in addition to and in supplement of the terms and provisions of the Declarations, and the law of the State of Colorado governing the community.

9.Deviations. The Board may deviate from the procedures set forth in this Policy if in its sole discretion such deviation is reasonable under the circumstances.

10.Amendment. This Policy may be amended from time to time by the Board of Directors.

PRESIDENT'S

CERTIFICATION:The undersigned, being the President of Park East Square Homeowners Association, Inc.certifies that the foregoing Policy was approved and adopted by the Board of Directors of the Association, at a duly called and held meeting of the Board of Directors of the Association on ______. In witness thereof, the undersigned has subscribed his/her name.

Park East Square Homeowners Association, Inc.,

a Colorado nonprofit corporation

By:______

Its:President

[LB1]I’m not familiar enough with the lien process…should this paragraph be re-written? Or should it stay, in case we don’t file a lien (i.e. the cost filing a lien is more than the cost of correcting the violation.)