WVHOA

Rules & Regulations

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The following Rules and Regulations are implemented by the HOA Executive Board in accordance with the BOA Covenants Article II Section 29 and BOA Bylaws Article V Section 1.

Westwood Village HOA Rules and Regulations

Article I -Executive Board Meeting Attendance

The Executive Board welcomes input from Association members, and Executive Board meetings are open to association members subject to the following conditions:

1. Association members should notify the Executive Board in advance of their intention to attend a Board meeting. The Board reserves the right to move the Board meeting to a public venue or neutral location in order to accommodate Association member attendance.
2. Each Executive Board meeting will begin with -an opportunity for any Association member present to voice concerns and offer items for consideration to the Board. The duration and conduct of this open session will be determined by the Executive Board and communicated at the beginning of each meeting.
3. Association members may not vote on actions or items under consideration before the Board.
4. Association members may not participate in discussion or debate of actions or items under consideration before the Board except during the open session noted above or when such participation is explicitly requested by a majority vote of the Board.
   
5. The Board reserves the right to exclude any Association member from attendance at any current or future Board meeting for cause. Such cause may include but is not limited to:
   
   
   1. Repeated and un-requested intrusion on Board discussions.
   2. Contentious, argumentative, or antagonistic behavior toward any Executive Board member at any time.
   3. Refusal to abide by Executive Board rulings.
   4. Failure to remain current in payment of HOA dues or fines imposed by the Executive Board or its Committees.
      
      
6. The Board reserves the right to hold closed meetings from time to time at the sole discretion of the President provided that the minutes and any resolutions passed at such closed meetings are made available to Association members.

Article II -Covenant Enforcement and Grievance Procedures

Section 1: Covenant Control Committee The Executive Board hereby establishes a permanent and standing Covenant Control Committee, hereinafter called the Committee, in accordance with Article V Sections 2R and 14 of the Association Bylaws as follows:

1. The Committee will be composed of 2 members of the executive Board, or such composition as shall be established by resolution of the Executive Board in accordance with applicable Covenants and By-Laws.
2. Committee members will be appointed by the Executive Board at the first regularly scheduled meeting after election of the Executive Board members or at any other time as required by vacancies on the Committee.
3. The Committee shall have the powers to carry out the following responsibilities delegated to it by the Executive Board:
   
   
   1. Receive all complaints from Association members regarding covenant violations.
   2. Investigate all covenant violations and impose corrective action at the discretion of the Committee to include but not limited to Warnings, Grace periods, and Fines.
   3. Establish and maintain Standards and Procedures for covenant enforcement and investigation of covenant violations.
   4. Recommend legal action to the Executive board when the Committee determines such action is warranted.
      
      
4. As specified in Article V Section 2R of the Association By-Laws, any Association member may appeal the actions of the Covenant Control committee to the Executive Board within 45 days of notice of action by the committee. The procedure for submitting and reviewing appeals is outlined below
5. Neither the Executive Board nor any of it's committees will be considered as obligated to institute a program of regular monitoring or policing to identify covenant violations, but the Covenant Control Committee may take action on any covenant violation that any of it's members become aware of by any means.

Section 2: Grievance Procedure The following procedures and guidelines will be followed in all cases where an Association member has a grievance to address or wishes to appeal any action of the Executive Board or any Committee formed at the direction of the Executive Board:

1. All grievances, complaints, and appeals must be submitted in writing within 45 days of notification of the disputed action to the association address : Antares Property Services, 1510 S. College Ave. #204, Ft. Collins, CO 80524
2. All actions taken and rulings made by the Executive Board or it's various Committees as established shall be considered as in full force and effect until such time as the Executive Board has considered and ruled on any disputes regarding those actions or rulings.
3. Decisions of the Executive Board to ratify, modify, or nullify actions of any Committee established by the Executive Board as well as decisions of the Executive Board as to any actions to be taken to resolve grievances or complaints brought by Association members are final and binding on all parties.
4. The Executive Board will consider all grievances, complaints, or appeals properly submitted in writing at the next regularly scheduled meeting of the Executive Board after the complaint is received or at an earlier special meeting called by the President at the President's discretion.
5. Final resolution of grievances, complaints, or appeals before the Executive Board may be deferred for further investigation at the Board's discretion provided the Board attempts in good faith to resolve the issue in a timely manner.
6. The Board will resolve all grievances, complaints, or appeals of which it is properly notified within 12 months of the date that the written notification of the dispute is received by the Board.
7. Board members will not discuss grievances, complaints, or appeals regarding actions taken by the Board or any of it's committees verbally by phone or in person with any Association member except in the setting of an Executive Board meeting to which the complainant has been invited for that purpose. Rules for member involvement in Executive Board meetings will be adhered to at all times.
8. Executive Board members and members of any Committee established by the Executive Board may immediately terminate any discussion or conversation with any Association member if that conversation at any time devolves to discussion of a grievance, complaint, or appeal of actions of the Executive Board or any Committee established by the Executive Board.
9. Any member who continues to accost, contact, or otherwise converse with members of the Executive Board in regards to a grievance, complaint, or appeal when that dispute is under consideration or has already been addressed and ruled on by the Executive Board will be considered in violation of the Rules and Regulations of the Association as specified in the Bylaws Article V Section 2R and will be subject to further enforcement action by the Executive Board or it's various Committees as established.

Article III -Amendments to the Covenants or By-Laws

With respect to proposed amendments to the covenants, the Executive Board will adhere to the following guidelines:

1. The Executive Board reserves the right to propose amendments to the covenants that it determines will promote the recreation, health, safety, and welfare of owners (Covenants Article VI, Section 2) and to finance the preparation, consideration, and proper notice and recording of said amendments with Association funds.
2. In the event that an Association member proposes an amendment to the Covenants or By-Laws accompanied by a valid request for an Association meeting as outlined in the Covenants and By-Laws, The Board will organize and hold said meeting and administer and preside over the required vote, but all responsibility for the preparation, consideration, and proper notice and recording of the amendment if approved remains with the proposing member as well as responsibility for any financial obligations incurred during the performance of the above actions and any financial obligations incurred for the monitoring, collection, tabulation, validation, and certification of the votes in connection with the proposed amendment.
3. Once every 4 years, the board may solicit amendments from Association members. At such times, and provided that any amendment submitted in response to the Board's solicitation is correctly prepared and reviewed by competent legal council approved by the Board, and that the submitting member has obtained signatures representing at least 25% of all eligible votes in the Association in support of the proposed amendment, the Board will bear the financial cost of proposing the amendment, but reserves the right to support or oppose the amendment in communications to members and to vote proxies received pursuant to an association meeting called for the purpose of considering the amendment in support or opposition as determined by the vote of a majority of the Executive Board.
4. At such time as an amendment to the Covenants is correctly proposed to the Board as outlined in any of the methods above, with regard to the enforcement of the current Covenants and proposed amendments, the Board will proceed as follows:
   
   
   1. If the proposed amendment would relax or remove a provision of the current covenants as already amended, the Board will refrain from enforcing that provision for a period of 90 days or until a proper vote can be completed whichever is less. At the end of the 90 day period or when a proper vote has been completed the Board will enforce the covenants as then constituted and amended.
   2. If the proposed amendment would impose a new provision or further restrict an existing provision of the current covenants as already amended, the Board will refrain from enforcing the proposed new or restricted provision until such time as a valid and successful vote has been conducted and proper notification and recording is completed.

Article IV -Conflicts of Interest

In the event that any member of the Executive Board or the immediate family of any member of the Executive Board has a vested interest in the outcome of any vote, appeal, or consideration before the Executive Board beyond the general interest shared by all members of the Association or that any Board member in any other way has a real or perceived Conflict of Interest as determined by the remainder of the Executive Board members, that member shall refrain from active participation in Board discussions pertaining to the consideration in question and shall not exercise a vote in connection with the Boards final decision on the question for which he or she has a vested interest or a real or perceived Conflict of Interest.

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Westwood Village HOA Flagpole Guidelines - Feb. 23, 2004

1. The Westwood Village Homeowners' Association (WVHOA) Executive Board was recently presented with an issue regarding permanently installed flagpoles on residential property. This situation occurred because a homeowner addressed a concern to the Executive Board regarding the placement of permanent flagpoles in the neighborhood. The Executive Board subsequently discovered there were no formal requests for the installation of permanent flagpoles and that a homeowner was currently in violation of established covenants.
2. In accordance with the WVHOA Third Subdivision Declaration of Covenants, Conditions, and Restrictions, Article VIII -Architectural Control, Section 2: Approval. "No building, fence, wall, or other structure shall be erected, placed, or altered on any lot until the plans and specifications, along with the plot plan, have been approved by the Architectural Control Committee, which plans and specifications shall, among other things, show the size and height of the structure; the type of exterior material, color, and finish; exterior design; existing structures, if any, and the location of structures with respect to utility lines and facilities, property lines, streets. .."
3. Westwood Village Homeowners must comply with established covenants.. The Executive Board and Architectural Control Committee monitor covenant compliance. The purpose of the Architectural Control Committee is to oversee the consistent and harmonious general character of the Westwood Village community. Homeowners are reminded that covenants are a legally binding contract enforced to maintain aesthetics and property values. This enforcement includes but is not limited to, violation notices, fines, property liens, etc. Compliance with established covenants protects all property owners.
4. The Executive Board decided to seek homeowner input regarding the issue of permanent flagpoles at the Westwood Village Homeowners' Annual Meeting. All homeowners present for the meeting were provided with a brief synopsis of the issue. Homeowners were also provided with a survey soliciting opinions. Homeowners not present for the meeting received a survey via the U.S. Postal Service requesting input on the issue. After surveying the community, the Executive Board has approved the following guidelines regarding the installation of permanent flagpoles on residential property:
   
   
   1. Permanent in ground flagpoles are generally defined as those that are installed in an appropriate footing, usually made of concrete, and not meant to be removed unless the flagpole is replaced.
   2. The flagpole tubing material must be metal and of a satin aluminum or clear anodized finish. The flagpole must measure between fifteen feet (15') to twenty feet (20') in height when measured from ground level to include pole ornamentation if attached. The flagpole must not exceed 5" in butt diameter. Ifa pole ornament is attached to the top of the flagpole, the ornament must be in the shape of a ball, no larger than 5" in diameter. The ornament must be made of the same material and color as the pole or may be made of gold anodized or gold leaf.
   3. Flagpoles with external halyards must be of a type that is securely fastened and silent under adverse weather conditions.
   4. The flagpole must be mounted on an appropriate footing and if this footing is visible, it must be screened with adequate landscaping, i.e., decorative fencing, shrubbery, etc. All flagpoles must be installed per the manufacturer's guidelines.
   5. The location for placement of a flagpole is within the landscape beds; however under all circumstances, flagpoles must be placed no more than ten feet (10') from the foundation of the house, residential structure, or front of an attached garage. On houses that have a front yard of fifteen feet (15') or less in depth, the flagpole may be placed in a position, equidistant from the house's foundation and the sidewalk. Flagpoles may only be installed in front yards and within established property lines. Flagpoles must be installed in a manner that does not obstruct an adjacent neighbor's view.
   6. The flagpole may only display one flag at a time. The only flag permitted on a permanent flagpole is the flag of United States of America. The size of the U.S. flag must be appropriate to the height of the flagpole. The recommended U.S. flag size for a 15' flagpole is 3' x 5'. The U.S. flag size must not exceed 4' x 6'. The U.S. flag should not be displayed during inclement weather unless the flag is specifically designed as an all-weather flag.
   7. If the U.S. flag is flown after dusk it must be properly illuminated. The U.S. flag must be lit with an in ground lighting system (maximum of two bulbs) totaling no more than 150 watts. The light must shine directly upon the U.S. flag. The lighting cannot cause any type of light spillage onto adjoining properties.
   8. The U.S. flag and flagpole must be properly maintained at all times. Should the U.S. flag become faded, frayed, or tom; it must be replaced immediately. If the flagpole becomes scratched, dented, damaged, or if the paint is chipped or faded, it must be replaced or repaired immediately.
   
   
5. Westwood Village Homeowners desiring to install a permanent flagpole on their property must complete an Architectural Control Committee submission request form. The Architectural Control Committee must review and approve any request prior to installation.
6. Temporary flagstaffs attached to a homeowner's property displaying the U.S. flag, Colorado state flag, favorite sports team, holiday, etcetera, are highly encouraged. When displaying the U .S. flag homeowners are reminded to display the flag in a respectful manner according to flag etiquette standards noted in paragraph 4f, 4g, and 4h above.
7. The WVHOA Executive Board, homeowners like yourself, welcome your participation in maintaining quality standards within the community. All residents of Westwood Village benefit when the values of the community are maintained to the highest possible standards within the scope of the association. If you have any questions regarding this correspondence or other issues relating to the neighborhood please contact your Homeowners' Association representative at Antares Property Services (970.407.9990)