The name of the nonprofit corporation shall be Holiday Acres Property Owners Association.

The period of its duration shall be perpetual provided, however, that if approved by a majority of the members the corporation may be dissolved and the assets shall be distributed in accordance with a termination agreement approved by a majority of the members or as provided under applicable law.

The purpose for which the nonprofit corporation is organized is to provide for the operation of the development known as Holiday Acres, Archuleta County, Colorado, as is be more fully set forth in the Protective Covenants of Holiday Acres, Archuleta County, Colorado recorded May 17, 1974 in Book 137 at Pages 103 – 105, Reception No. 80066 of the records of Archuleta County Clerk and Recorder, and all amendments thereof, hereinafter collectively referred to as “the Covenants”. The corporation shall possess and have the benefit of all common law and statutory powers of a nonprofit corporation as set forth in the “Colorado Nonprofit Corporation Act”, C.R.S. 7-20-101 et seq., except as limited by these Articles oflncorporation.

The corporation shall have no power to declare dividends and no part of its net earnings shall inure to the benefit of any member of or director of the corporation or to any other private individuals.

The number of directors constituting the Board of Directors shall be five and shall be elected in accordance with the provisions of the Bylaws, provided that the number of Directors may be changed by amendment of the Bylaws of the corporation.

Every person or entity who is a record owner or contract purchaser of a fee or undivided fee interest in any property which is currently subject to or subsequently becomes subject to the Covenants of Holiday Acres, Archuleta County, Colorado shall be a member of said Association. The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation. The membership shall be appurtenant to and may not be separated from ownership of any property which is subject to the Declaration. The Association shall have one class of voting membership and each lot shall be entitled to one vote, subject to the voting provisions of the Bylaws.

To the maximum extent allowed by law, the Directors of the Corporation shall not have any personal liability to the Corporation or its members for monetary damages arising from breaches of fiduciary duty. Officers of the Corporation shall also have protection from personal liability for torts committed by employees of the Corporation to the extent permitted by law.

Bylaws of the Corporation shall be adopted and may be amended from time to time by the Board of Directors. The Bylaws may also be amended by the members provided that any such amendment shall be approved by at least two-thirds of the members entitled to vote thereon.

The name and address of the lncorporator of the Corporation is: Floyd L. Smith, 357 N. Mountain View Drive, P. 0. Box 9, Bayfield, Colorado 81122.

The address of the Registered office of the Corporation is: 357 N. Mountain View, P. 0. Box 9, Bayfield, Colorado 81122 and the name of its initial Registered Agent at such address is Floyd L. Smith .

Sworn to on March 8, 1974 – Recorded May 17, 1974 – Book 137, Pages 103-105, Reception No. 80066

Replaced on November 18, 2019 – Recorded November 19, 2019 – Reception No. 21906878.

These covenants are to run with the land, and shall be binding upon all parties and all persons claiming an interest in said property. These covenants and the Holiday Acres community may only be terminated in the manner as provided for and allowed for in the Colorado Common Interest Ownership Act (“CCIOA”).

Sworn to on March 8, 1974 – Recorded May 17, 1974 – Book 137, Pages 103-105, Reception No. 80066

No offensive activity of any kind, such as creating loud noises or offensive odors shall be conducted on any tract. No business or commercial activity of any kind shall be conducted on any tract at any time except a tract which is specifically designated as a commercial or business tract on the subdivision plat.

Sworn to on March 8, 1974 – Recorded May 17, 1974 – Book 137, Pages 103-105, Reception No. 80066

Except on a designated commercial tract, only single-family residences shall be permitted, plus private garage and outbuildings necessary for the use and benefit of the owner.

Sworn to on March 8, 1974 – Recorded May 17, 1974 – Book 137, Pages 103-105, Reception No. 80066

Garages and outbuildings shall harmonize in construction and design with the construction and design of the main building.

Sworn to on March 8, 1974 – Recorded May 17, 1974 – Book 137, Pages 103-105, Reception No. 80066

Butane or propane storage tanks must conform to State regulations, and they or other outbuildings must be located so as not to detract from the appearance of the tract on which located, or other tracts.

Sworn to on March 8, 1974 – Recorded May 17, 1974 – Book 137, Pages 103-105, Reception No. 80066
Amended July 17, 2005 – Recorded August 7, 2005 – Book 144, Pages 425-430, Reception No. 83665

No building, fence, patio, or other structure shall be erected on any tract until the plans and/or specifications have been delivered to Holiday Acres, and the same have been approved by Holiday Acres. Matters to be considered in giving approval shall include position of proposed structure on the tract, types of materials to be used, including footing and foundation materials and design, the general color and appearance of the structure after completion, and the size of the structure. All dwellings must conform to the Uniform Building Code currently in effect and may not be less than six hundred (600) square feet, measured in accordance with accepted appraisal and construction principles, and exclusive of porches and garages. Approval of plans and specifications shall not be unreasonably withheld by Holiday Acres. Any disapproved plans or specifications shall be returned accompanied by a list of specifications of the unsatisfactory items and suggestions for changes or alterations which, if adopted, would be approved. It is the general purpose of Holiday Acres in requiring such approval to provide for the establishment and maintenance of a high standard of architectural design and general construction practices which in turn will assure lasting and stable values for the owners. Approval or disapproval shall be given within thirty (30) days.

Sworn to on March 8, 1974 – Recorded May 17, 1974 – Book 137, Pages 103-105, Reception No. 80066

Any construction and installation of an individual sewer and/or water system must be approved by the Health Department official having jurisdiction.

Sworn to on March 8, 1974 – Recorded May 17, 1974 – Book 137, Pages 103-105, Reception No. 80066

No time limit is set within which construction of improvements must begin, however, after start of construction, a dwelling or other structure must be closed in and weather-proofed within one year.

Sworn to on March 8, 1974 – Recorded May 17, 1974 – Book 137, Pages 103-105, Reception No. 80066
Amended October 25, 1976 – Recorded October 26, 1976 – Book 149, Page 263, Reception No. 86525

No trailer, camper, mobile home, or motor home shall be used at any time as a permanent residence except the use of a trailer, camper, mobile home or motor home may be permitted during the above mentioned one year period* permitted for construction and, in addition, may be used for periods of vacation use, but total usage by any one owner may not exceed six (6) months* in any calendar year.

* Archuleta County Land Use Regulations (as reflected Feb 2023, ref: 3.2.4.3) require: (1) an approved TUP (Temporary Usage Permit) coinciding with the commencement of an active building permit for construction of a dwelling, (2) Archuleta County Land Use Regulations take precedence over HAPOA Covenant 9, thereby limiting the vacation usage to 120 days with an approved TUP (Temporary Usage Permit).

Sworn to on March 8, 1974 – Recorded May 17, 1974 – Book 137, Pages 103-105, Reception No. 80066

No part of any structure shall be located nearer than twenty-five (25) feet from the nearest point of any property line of the tract on which it is located.

Sworn to on March 8, 1974 – Recorded May 17, 1974 – Book 137, Pages 103-105, Reception No. 80066

A ten (10) foot wide easement if reserved along all lot boundaries for the installation and maintenance of utility lines. Such reservations include the perpetual right of ingress and egress for installation, maintenance and replacement of such lines.

Sworn to on March 8, 1974 – Recorded May 17, 1974 – Book 137, Pages 103-105, Reception No. 80066

No tract may be redivided into a tract smaller than that approved by the applicable State and/or County requirements. In no instance shall a residential tract of less than one acre be permitted.

Sworn to on March 8, 1974 – Recorded May 17, 1974 – Book 137, Pages 103-105, Reception No. 80066

Domestic house pets shall be permitted but the owner of any and all property upon which pets are kept or maintained shall be responsible for controlling said pets. Domestic farm-type animals may be allowed with the exception of swine. Any farm-type animal kept or brought into the subdivision must be controlled and confined in such a manner as to avoid any nuisance or damage to any other property.

Sworn to on March 8, 1974 – Recorded May 17, 1974 – Book 137, Pages 103-105, Reception No. 80066

No trees may be cut with greater than a three inch base except the minimum amount necessary for construction of improvements; without the written permission of Holiday Acres. This shall not prevent the establishment of gardens, lawns, and other desirable landscaping and exterior living areas.

Sworn to on March 8, 1974 – Recorded May 17, 1974 – Book 137, Pages 103-105, Reception No. 80066

Invalidation of any one of these covenants by appropriate legal action shall in no way effect any of the other provisions which shall remain in full force and effect.

Sworn to on March 8, 1974 – Recorded May 17, 1974 – Book 137, Pages 103-105, Reception No. 80066

Replaced on November 18, 2019 – Recorded November 19, 2019 – Reception No. 21906878

On August 29, 1996, after more than sixty (60) percent of the tracts in the above described lands had been sold, the owners of such tracts formed the “Holiday Acres Property Owners Association,” (“Association”) and incorporated it under the laws of the state of Colorado for the purpose of exercising the functions as set forth in these covenants. Every person or entity who is a record owner of a fee interest in any lot subject to these covenants is a member of the Association. Membership is appurtenant to and may not be separated from ownership of any lot, and ownership of a lot is the sole qualification for membership. Membership does not include persons or entities who hold an interest as security for the performance of an obligation, but granting a security interest does not terminate the owner’s membership.

Sworn to on March 8, 1974 – Recorded May 17, 1974 – Book 137, Pages 103-105, Reception No. 80066

Replaced on November 18, 2019 – Recorded November 19, 2019 – Reception No. 21906878.

The owners have elected to accept the provisions of CCIOA and have elected to be treated as a common interest community under that article. This election was authorized by more than sixty-seven percent of the votes of owners.

Added on November 18, 2019 – Recorded November 19, 2019 – Reception No. 21906878.

The Association has the power to levy assessments as provided for under CCIOA. The assessments shall be used to fulfill the Association’s obligations to promote the common benefit and enjoyment of the owners and residents in the Holiday Acres community as may be more specifically defined and authorized from time to time by the Association.

Added on November 18, 2019 – Recorded November 19, 2019 – Reception No. 21906878.

The Association is to maintain and keep in good repair as a common expense the lots identified as GREENBELT on the Plats recorded with the Archuleta County Clerk and Recorder on May 17, 1974 at Reception No. 80067 and subsequently conveyed to the Association by the Bargain and Sale Deed recorded with the Archuleta Clerk and Recorder on July 10, 1998 at Reception No. 98005753, along with any and all other common areas of the community now existing or hereafter acquired by the Association (“Common Area”). This maintenance is to be performed consistent with the standards set by the Association.

Added on November 18, 2019 – Recorded November 19, 2019 – Reception No. 21906878.

These covenants or any plat depicting the land in the Holiday Acres community may be amended by the affirmative vote, written agreement, or any combination of affirmative vote and written agreement of the owners holding at least two-thirds of the total Association vote. If a proposed amendment to these covenants or any plat is to be considered at a meeting of the membership of the Association, notice of the meeting is to state the general subject matter of the proposed amendment. No amendment is to be effective until certified by the Association’s president and secretary and recorded in the real property records in Archuleta County, Colorado.

The above text has been extracted from recorded documents and, when amendments replaced complete paragraphs, only the amended paragraph appears here.

Section 1: PURPOSE. The purpose for which this nonprofit corporation (hereinafter the
“Association”) is formed is to provide for the operation of the development known as Holiday Acres, Archuleta County, Colorado. Any property which is currently subject to or elects to become subject to the Protective Covenants of Holiday Acres, Archuleta County, Colorado recorded May 17, 1974 in Book 137 at Pages 103-105, Reception No. 80066 of the records of Archuleta County Clerk and Recorder, and all amendments thereof, hereinafter collectively referred to as “the Covenants” shall be governed by the Association. The objective of the Association shall be to maintain an attractive residential community in Holiday Acres and to prevent nuisances, protect the value and amenities of the property and provide for the maintenance of common properties and facilities for the benefit of all present and future owners.

Section 2: COMPLIANCE REQUIRED. All present and future owners of the property described above shall be subject to the regulations set forth in these Bylaws. The acquisition of any lot in Holiday Acres which is subject to the Covenants will signify that these Bylaws are accepted, ratified and will be complied with.

Section 1: LOCATION. The offices of the Association shall be located in Pagosa Springs, CO.

Section 1: MEMBERSHIP. Every owner of a lot which is subject to the Covenants as shown by the records of the Archuleta County Assessor, shall be a member of the Association and shall remain a member for the period of ownership of a lot and shall be subject to the membership requirements of the Association.
-Voting Members: A Member of the Association shall be deemed a Voting Member if dues owed on any and all lots have been paid in full.

Section 2: ANNUAL MEETING. The Annual Meeting of the Association shall be held each year on the second Saturday in September at the principal office of the Association or such other location as shall be designated by the Board of Directors for the purpose of electing Association Directors, and Architectural Review Committee and such other business as may be brought before the meeting.

Section 3 : SPECIAL MEETINGS. Special meetings of the members, other than those regulated by statute, may be called at any time by the President or a majority of the Board of Directors. Such meetings may be held at such times or places as may be determined by a majority of the Board of Directors. Notice of such meetings, stating the purpose or purposes for which called, shall be served personally or by mail not less than ten days before the date set for such meeting. If mailed, it shall be directed to a member at his address as it appears in the records of the Association; but at any meeting at which all members shall be present, the giving of such notices may be dispensed with. Further, all such notices may be dispensed with as to any member not present who has waived notice in writing. The Board of Directors shall call a special meeting of members, in like manner, whenever requested to do so in writing by a member or members constituting not less than ten percent of the outstanding membership of the Association. No business other than that specified in the Notice of the special meeting shall be transacted at any special meeting of the members.

Section 4: NOTICE OF MEETINGS. Written notice stating the place, day and hour of any meeting of members and, in the case of a special meeting, the purpose or purposes for which the meeting is called, shall, unless otherwise prescribed by statute, be delivered not less than ten (10) nor more than fifty (50) days before the date of the meeting, either personally, or by mail, by or at the direction of the President, or the Secretary, or the officer or other persons calling the meeting, to each member of record. If mailed, such notice shall be deemed to be delivered when deposited in the US Mail, addressed to the member at his address as it appears in the records of the Association, with postage thereon prepaid.

Section 5: QUORUM. The presence in person or by proxy, of a majority of the voting members shall be necessary for a quorum for the transaction of business, but a lesser number may adjourn for a period not to exceed sixty (60) days at any one adjournment, and the Secretary shall thereupon give at least ten days notice in writing to each member entitled to vote who was not present either in person or by proxy at such meeting.

Section 6: VOTING. The owners of each lot subject to the Covenants, if voting members, shall have one (1) vote. When more than one person holds an interest in a lot, they may appoint one of the co-owners or a delegate as proxy to cast a vote for the lot. The vote for such lot shall be cast as the owners thereof agree, but the voting interest allocated to such lot shall not be divided among co-owners.

Section 7: MANNER OF VOTING. A Voting Member shall be entitled to vote in person or by written proxy. A proxy shall be valid for eleven (11) months from the date of its execution unless otherwise provided in the proxy. Voting Members shall also be permitted to vote by mail for election of Directors or other officers. Any other matter requiring a vote of the membership is also authorized by mail and a majority vote of the Voting Members casting ballots is required for decision except a proposed plan of merger, consolidation or dissolution shall require an affirmative vote of at least 2/3 of the members entitled to vote ..

Section 8: ACTION BY MEMBERS WITHOUT A MEETING. Any action required or permitted to be taken by the members may be taken without a meeting provided written consent to such action describing the action taken and signed by voting member is delivered to the Secretary of the Association for inclusion in the Association records. The action shall be effective upon the date of the last consent, unless the consent specifies a different effective date.
Section 9: WAIVER OF NOTICE. When any notice is required to be given to any member, a waiver thereof in writing signed by the person entitled to such notice, whether before, at, or after the time stated therein shall be equivalent to the giving of such notice. The attendance of the member at any meeting shall constitute a waiver of notice, waiver of objection to defective notice of such meeting, or a waiver of objection to the consideration of a particular matter at the member meeting unless the member, at the beginning of the meeting, objects to the holding of the meeting, the transaction of business at the meeting, or the consideration of a particular matter at the time it is presented at the meeting.

Section 1: NUMBER. The affairs and business of this Association shall be managed by a Board of Directors consisting of five persons who shall be Voting Members of the Association but need not be residents of the State of Colorado. Directors shall be elected by a plurality vote of the voting members at the annual meeting.

Section 2: TERM OF OFFICE. All Directors shall be elected to two year terms or until their successors have been duly elected and assume office. Three (3) Directors shall be elected in even numbered years and two (2) Directors shall be elected in odd numbered years. (In 1997, three (3) Directors shall be elected for a one year term and two (2) Directors shall be elected for a two year term.)

Section 3: DUTIES OF DIRECTORS. The Board of Directors shall have the powers and duties necessary for the administration of the affairs of the Association. The Board of Directors may do all such acts and things necessary to perform their duties except as prohibited by law or by these Bylaws or by the Covenants. The Directors may adopt such rules and regulations for the conduct of their meetings and the management of the Association as they deem proper, and as are not inconsistent with these Bylaws, the Covenants and the laws of the State of Colorado.

Section 4: DIRECTORS’ MEETINGS.
a) Annual Meeting- The annual meeting of the Board of Directors shall be held immediately upon the adjournment of the annual meeting of the Association and at the same place. No special notice of this meeting need be given.
b) Regular Meetings- Regular meetings of the Board of Directors shall be held at such times and places upon such notice, if any, as the Board of Directors shall by resolution from time to time determine.
c) Special Meetings- Special meetings of the Board of Directors may be called upon the written request of any three Directors filed with the Secretary. Notice shall be given to each Director, by mail or by personal notice, stating the time and place of the meeting.

Section 5: NOTICE OF MEETING. Notice of meetings, other than the regular annual meetings, shall be given by service upon each director in person, by telegram, by facsimile transmission or by mailing to him at his last known business address at least three days before the date therein designated for such meeting, including the day of mailing, a written or printed notice stating the time and place of such meeting. The notice need not state the matters or business to be considered at such meeting. At any meeting at which every member of the Board of Directors is present, although held without notice, or to which the Directors not present have waived notice in writing, such presence or waiver shall be deemed equivalent of notice, a waiver of all objections to the manner of calling said meeting, and a ratification of the validity of said meeting.

Section 6: ACTION WITHOUT A MEETING. Any action authorized in writing by all of the Directors entitled to vote thereon and filed with the minutes of the Association shall be the act of the Board of Directors with the same force and effect as if the same had been passed by unanimous vote at a duly called meeting of the Board.

Section 7: PARTICIPATION BY ELECTRONIC MEANS. Any member of the Board of Directors, or any committee designated by such Board, may participate in a meeting of the Board of directors or committee by means of telephone conference or similar communications equipment by which all persons participating in the meeting can hear each other at the same time. Such participation shall constitute presence in person at the meeting. All expenses for such participation shall be borne by the person participating at a distance.

Section 8: QUORUM. At any meeting of the Board of Directors, a majority of the Board shall constitute a quorum for the transaction of business; but in the event of a quorum not being present, a lesser number may adjourn the meeting to some future time, not more than thirty-one days later.

Section 9: VOTING. At all meetings of the Board of Directors, each director shall have one vote. Except as otherwise required by law, the Articles of Incorporation or the Covenants, the act of a majority of the Directors present at a meeting at which a quorum is present shall be the act of the Board of Directors.

Section IO: VACANCIES. Vacancies in the Board occurring between annual meetings shall be filled for the unexpired term by a person or persons selected by a majority of the remaining Directors.

Section 11: REMOVAL OF DIRECTORS. Any one or more of the Directors may be removed with cause in the manner provided for in the Colorado Corporation Code.

Section 12: COMPENSATION. No member of the Board of Directors shall receive any compensation for services rendered as a director; provided, however, that the Directors may receive reimbursement for actual expenses and compensation for services rendered to the Association in any other capacity.

Section 1: GENERAL. The provisions of these Bylaws shall control the management of the financial affairs of the Association except when in conflict with the Covenants.

Section 2: ASSESSMENTS. The Board of Directors shall establish each year an assessment for each lot based on a proposed budget which shall be sufficient to provide funds necessary for the operation of the Association. Notices of the amount of the assessment will be sent to each lot owner who shall thereupon promptly pay the assessment. No lot owner shall be entitled to vote as a member at any annual or special meeting, whether in person or by mail, or vote as a Director at any regular or special meeting of the Board of Directors unless all assessments have been paid in full. The assessment for 1997 will be thirty-five ($35.00) dollars for each lot owned.

Section 3: SPECIAL ASSESSMENTS. The Board of Directors shall also have the authority to establish special assessments to meet any financial shortfalls. Such assessments would be billed at the time any such shortfall becomes apparent.

Article VI: Officers

Section 1: NUMBER. The Executive officers of the Association shall be President, Vice­President, Secretary & Treasurer. Any two or more offices may be held by the same person except the offices of President and Secretary. The Executive officers of the Association shall be elected from the Board of Directors at its meeting immediately following the Annual Meeting of the Association.

Section 2: ELECTION. All officers shall be appointed by and serve at the pleasure of the Board of Directors.

Section 3: PRESIDENT. The President shall be the chief executive officer of the corporation and, subject to the control of the Board of Directors, shall in general supervise and control all the business and affairs of the corporation. He or she shall, when present, and in the absence of a share of the Board, preside at all meetings of the members and of the Board of Directors. He or she may sign, with the Secretary or any other proper officer of the corporation thereunto authorized by the Board of Directors, deeds, mortgages, bonds, contracts or other instruments which the Board of Directors has authorized to be executed, except in cases where the signing and execution thereof shall be expressly delegated by the Board of Directors or by these Bylaws to some other officer or agent of the corporation, or shall be required by law to be otherwise signed or executed; and in general shall perform all duties incident to the office of President and such other duties as may be prescribed by the Board of Directors from time to time.

Section 4: VICE-PRESIDENT. The Vice-President shall, in the absence of the President or in the event of his/her death, inability or refusal to act, perform all duties of the President, and when so acting, shall have all the powers of and be subject to all the restrictions upon the President. Any Vice-President shall perform such other duties as from time to time may be assigned to him/her by the President or by the Board of Directors.

Section 5: SECRETARY. The Secretary shall: (a) keep the minutes of the proceedings of the members and of the Board of Directors in one or more books provided for that purpose; (b) see that all notices are duly given in accordance with the provisions of these Bylaws or as required by law; ( c) be custodian of the corporate records and of the seal of the corporation and see that the seal of the corporation is affixed to all documents the execution of which on behalf of the corporation under its seal is duly authorized; ( d) keep a register of the post office address of each member which shall be furnished to the Secretary by such member; and ( e) in general perform all duties incident to the office of secretary and such other duties as from time to time may be assigned by the President or by the Board of Directors.

Section 6: TREASURER. The Treasurer shall: (a) have charge and custody of and be responsible for all funds and securities of the corporation; (b) receive and give receipts for moneys due and payable to the corporation from any source whatsoever and deposit all such moneys in the name of the corporation in such banks, trust companies or other depositories as shall be selected in accordance with the provisions of these Bylaws; (c) in general perform all the duties incident to the office of Treasurer and such other duties as from time to time may be assigned to him/her by the President or by the Board or Directors.

Section 7: VACANCIES – HOW FILLED. All vacancies in any office shall be filled by the Board of Directors without undue delay, either at its regular meeting or at a meeting specially called for that purpose.

Section 8: REMOVAL OF OFFICERS. By majority vote, the Board of Directors may remove any officer at any time, with cause.

Section 9: SALARY. No officer of the Association shall receive a salary for his services rendered as such; provided, however, officers may be reimbursed for actual expenses and may be compensated for other services rendered to the Association.

Section 10: CONTRACTS. No contract or other transaction between the Association and any other entity shall be impaired, affected or invalidated nor shall any director or officer be liable in any way by reason of the fact that any one or more of the Directors or officers of this Association is or are interested in, or are Directors or officers of such other entity, provided that such facts are disclosed or made known to the Board of Directors.

Any Director, personally and individually, may be a party to or may be interested in any contract or transaction of this Association, and no director shall be liable in any way by reason of such interest, provided that the fact of such interest be disclosed or made known to the Board of Directors, and provided that the Board of Directors shall authorize, approve or ratify such contract or transaction by the vote (not counting the vote of any such director) of a majority of the Board notwithstanding the presence of any such director at a meeting at which such action is taken. Such a Director or directors may be counted in determining the presence of a quorum at such meeting. This section shall not be construed to impair or invalidate or in any way affect any contract or other transaction which would otherwise be valid under the law applicable thereto.

Article VII: Architectural Review Committee

Section 1: ELECTION AND NUMBER. The Architectural Review Committee consisting of five voting members shall be elected at the annual meeting by a plurality vote of the voting members. The Committee must consist of at least three members in order to perform its duties.

Section 2: TERM. The term of each member shall be two years with the exception of 1997. In 1997 three members will be elected for one year each and two members will be elected for two years each. Thereafter, three members will be elected in each even-numbered year and two members will be elected in each odd-numbered year.

Section 3: OFFICERS. The Architectural Review Committee will elect a Chairperson and such other officers it deems necessary. The President of the Board of Directors cannot serve as Chairperson of the Architectural Review Committee.

Section 4: DUTIES. Duties of the Architectural Review Committee shall be as defined in the Protective Covenants of Holiday Acres, as amended. The Architectural Review Committee is responsible to the Board of Directors, and shall present all recommendations for action to the Board of Directors for approval.

Section 5: VACANCIES. Vacancies in the Committee shall be filled by appointment by the Board of Directors.

Section 6: APPEAL OF THE COMMITTEE’S DECISION. Decisions of the Architectural Review Committee may be appealed to the Board of Directors, whose answers to appeals will be considered final.

Section 1: INDEMNIFICATION. The Association shall indemnify every director and officer, their respective successors, personal representatives and heirs, against all loss, cost and expenses, including attorney fees, reasonably incurred by him or her in connection with any action, suit or proceeding to which he or she may be made a party by reason of his or her being, or having been, a director or officer of the Association except as to matters as to which he or she shall finally be adjudged in such action, suit or proceeding to be liable for gross negligence or willful mis­conduct. The Board may provide insurance for the Directors and officers for the purpose of complying with the indemnification required hereunder.

Section 2: AGENCY. All contracts or other commitments or obligations made by the Board of Directors or officers shall be made as agent for the Association or lot owners and they shall have no personal responsibility or liability on any such contract or commitment except as a lot owner. The liability of any lot owner on any such contract or commitment shall be limited to such proportionate share of the total liability thereof as the common interest of each lot owner bears to the aggregate common interest of all the lot owners.

Section 3: INSURANCE. The Board of Directors shall obtain and maintain in full force and effect the insurance coverage required by the Covenants or by law. The Board may require any Managing Agent or independent contractor providing services to the Association to obtain and maintain in full force and effect such insurance coverage as the Board deems appropriate for the services being rendered.

Section l: SEAL. The Seal of the Association shall be as follows:

A circular impression bearing the words, “Holiday Acres Property Owners Association” in the outer circumference of the impression which surrounds the word “SEAL”, and conforming with the impression in the margin of this page.

Section 2: FISCAL YEAR. The fiscal year of the Association shall be from January 1st to December 31st until changed by the Board of Directors subject to applicable law.

Section l: BY MEMBERS. The Bylaws of the Association may be altered or amended by a majority vote of those votes cast by all Voting Members either in person or by mail.

RESOLUTION 01.08.20 BY UNANIMOUS CONSENT OF THE BOARD OF DIRECTORS
HOLIDAY ACRES PROPERTY OWNERS ASSOCIATION
A COLORADO NONPROFIT CORPORATION
WHEREAS, pursuant to Section 3 of Article IV of the Bylaws of the Holiday Acres Property Owners Association, Inc., “the Board of
Directors shall have the powers and duties necessary for the administration of the affairs of the Association” including but not limited
to “adopt[ing] such rules and regulations for the conduct of their meetings and the management of the Association”; and WHEREAS,
the Board of Directors of the Holiday Acres Property Owners Association, Inc., have determined that it is in the best interest of the
Association to adopt the CCIOA Governance Policies attached hereto. THEREFORE, IT IS THEREBY RESOLVED by the Board of
Directors of the Holiday Acres Property Owners Association, Inc. that:
1. RESOLVED, as required by the Colorado Common Interest Ownership Act C.R.S. § 38-33.3-209.5, that the Directors
hereby adopt the following nine (9) responsible governance policies and procedures concerning (i) collection of
unpaid assessments, (ii) handling of conflicts of interest involving board members, (iii) conduct of meetings, (iv)
enforcement of covenants and rules, (v) inspection and copying of Association records, (vi) investment of reserve
funds, (vii) procedure for the adoption and amendment of policies, procedures and rules, (viii) procedures for
addressing disputes arising between the Association and owners, and (ix) preparation of a reserve study, all of
which Policies and Procedures are attached hereto and incorporated herein by this reference, effective
immediately; and
2. FURTHER RESOLVED, that the Policies and Procedures shall be posted on the Association website,
www.holidayacres.org within ten (10) days after being adopted by the Board, and mailed to any Member upon
request; and
3. FURTHER RESOLVED, that a facsimile, telecopy or other reproduction of this Consent may be executed by the
Directors and shall be considered valid, binding and effective, for all purposes, and it is further resolved that this
Consent may be executed in the multiple counterparts, each of which shall be deemed an original, but all of which
together shall constitute one and the same instrument; and
IN WITNESS WHEREOF, the undersigned, constituting all the Members of the Board of Directors of the
Association, hereby consent to, approve, and adopt the foregoing actions to be effective as of January 8, 2020.

POLICIES AND PROCEDURES AND RULES AND REGULATIONS REGARDING COLLECTION OF
UNPAID ASSESSMENTS
(C.R.S. 38-33.3-209.5(1)(b)(i))

https://www.holidayacres.org/wp-content/uploads/2023/07/HAPOA-regarding-procedures-for-collection-of-unpaid-assessments-7-11-23.pdf

POLICIES AND PROCEDURES AND RULES AND REGULATIONS
REGARDING THE HANDLING OF CONFLICTS OF INTEREST INVOLVING BOARD
MEMBERS
(C.R.S. 38-33.3-209.5(1)(b)(ii))
As used in this policy, “conflicting interest transaction” means: A contract, transaction, or other financial relationship between
the Association and a party related to a member of the Board of Directors, or between the Association and an entity in which a
member of the Board of Directors is a director or officer or has a financial interest.
No loans shall be made by the Association to its directors or officers. Any director or officer who assents to or participates in
the making of any such loan shall be liable to the Association for the amount of such loan until repayment thereof.
If a member of the Board of Directors is aware of a conflicting interest transaction, that member of the Board of Directors shall
declare a conflict in an open meeting, prior to any discussion or action on that issue. After making such declaration, the member may
participate in the discussion but shall not vote on that issue. If a Board member does not voluntarily make a declaration as to a
conflict, the remaining Board members may, by majority vote, determine whether or not a conflict exists according to the standards
set forth in the Colorado Revised Nonprofit Corporations Act at C.R.S. 7-128-501.
Common or interested directors may be counted in determining the presence of a quorum at a meeting of the Board of Directors
or of a committee which authorizes, approves, or ratifies the conflicting interest transaction.
For purposes of this policy, a “party related to a director” shall mean a spouse, a descendent, an ancestor, a sibling, the spouse
or descendent of a sibling, an estate or trust in which the director or a party related to a director has a beneficial interest, or an entity
in which a party related to a director is a director, officer, or has a financial interest.
This conflict of interest policy shall be reviewed annually in accordance with C.R.S. 38-33.3-209.5 (4)(a)(III).

POLICIES AND PROCEDURES AND RULES AND REGULATIONS
REGARDING CONDUCT OF MEETINGS
(C.R.S. 38-33.3-209.5(1)(b)(iii))

HAPOA Adopting Procedures For The Conduct Of Meetings

POLICIES AND PROCEDURES AND RULES AND REGULATIONS REGARDING ENFORCEMENT OF COVENANTS
AND RULES, INCLUDING NOTICE AND HEARING PROCEDURES AND THE SCHEDULE OF FINES
(C.R.S. 38-33.3-209.5(1)(b)(iv))

HAPOA Regarding Policies and Procedures For Covenant and Rule Enforcement

POLICIES AND PROCEDURES AND RULES AND REGULATIONS REGARDING INSPECTION AND COPYING OF
ASSOCIATION RECORDS BY OWNERS
(C.R.S. 38-33.3-209.5(1)(b)(v))
The Association will maintain, retain and produce Association records in accordance with the procedures and requirements set
forth in the Colorado Not-for-Profit Corporation Act, Colorado Common Ownership Interest Act and Association’s governing
documents, including the Declaration, the Articles of Incorporation, Bylaws and this policy. The following policy (the “Policy”)
conforms with C.R.S. 38-33.3-209.4, 209.5 and 317, and shall apply to the inspection and copying of the Association’s records:
1. All Association records must be maintained in a form that allows conversion into written form within a reasonable time.
2. The following records will be maintained at the Association’s principal office and shall be considered the sole records of the
Association for purposes of document retention and production to owners;
a. Detailed records or receipts and expenditures affecting the operation and administration of the Association;
b. Records of claims for construction defects and amounts received pursuant to settlement of those claims;
c. Minutes of all meetings of the owners and the Board, a record of all actions taken by the owners and the Board without a
meeting, and a record of all actions taken by any committee of the Board;
d. Written communications among, and votes cast by the Board that are: (i) directly related to an action taken by the Board without
a meeting pursuant to C.R.S. 7-128-202; or (ii) directly related to an action taken by the Board without a meeting pursuant to the
Association’s bylaws;
e. The names of owners in a form that permits preparation of a list of names of all owners and the physical mailing addresses at which
the Association communicates with them, showing the number of votes each owner is entitled to vote;
f. The Association’s current declaration, covenants, bylaws, articles of incorporation, rules and regulations, responsible governance
policies adopted pursuant to C.R.S. 38-33.3-209.5, and other policies adopted by the Board;
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g. Financial statements as described as in C.R.S. 7-136-106 for the past three years, and tax returns of the Association for the past
seven years, to the extent available;
h. A list of the names, email addresses and physical mailing addresses of the current Board members and officers;
i. The Association’s most recent annual report (if any) delivered to the Secretary of State;
j. Financial records sufficiently detailed to enable the Association to comply with C.R.S. 38-33.3-316(8) concerning statements of
unpaid assessments.
k. The Association’s most current reserve study (if any);
l. Current written contracts to which the Association is a party and contracts for work performed for the Association within the
immediately preceding two years;
m. Records of Board or Committee actions to approve or deny any requests for design or architectural approval from owners;
n. Ballots, proxies and other records related to voting by owners for one year after the election, action or vote to which they relate;
o. Resolutions adopted by its Board relating to the characteristics, qualifications, limitations, and obligations of members of any
class or category of members;
p. All written communications within the past three years to all owners generally as owners.
3. An owner or owner’s authorized agent may inspect and copy Association records during normal business hours if the owner or
authorized agent has submitted a written request, describing with reasonable particularity the records sought, at least ten days prior to
the inspection or production of documents.
4. Notwithstanding Paragraph 3 above, a membership list or any part thereof may not be obtained or used by any person for any purpose
unrelated to an owner’s interest as an owner without the consent of the Board. Without limiting the generality of this Paragraph 4, without
the consent of the Board, a membership list or any part thereof may not be:
a. Used to solicit money or property unless such money or property will be used solely to solicit the votes of owners in an election
to be held by the Association;
b. Used for any commercial purpose; or
c. Sold to or purchased by any person.
5. Records maintained by the Association may be withheld from inspection and copying to the extent that they are or concern:
a. Architectural drawings, plans, and designs, unless released upon the written consent of the legal owners of the drawings, plans,
or designs;
b. Contracts, leases, bids or records related to transactions to purchase or provide goods or services that are currently in or under
negotiations;
c. Communications with legal counsel that are otherwise protected by attorney client privilege or the attorney work product
doctrine;
d. Disclosure of information in violation of law;
e. Records of an executive session of the Board; or
f. Records relating to or concerning individual units other than those of the requesting
owner.
6. Records maintained by the Association are not subject to inspection and copying, and must be withheld, to the extent that they are
or concern:
a. Personnel, salary, or medical records relating to specific individuals; and
b. Personal identification and account information of members, including bank account information, telephone numbers, email
addresses, driver’s license numbers, and social security numbers.
7. The Association will impose a reasonable charge, which may be collected in advance and will cover the costs of labor and material,
for copies of Association records. The charge may not exceed the estimated cost of production and reproduction of the records.
8. A right to copy records under this Policy includes the right to receive copies by photocopying or other means, including the receipt
of copies through an electronic transmission if available, upon request of an owner.
9. The Association is not obligated to compile or synthesize information.

POLICIES AND PROCEDURES AND RULES AND REGULATIONS REGARDING INVESTMENT OF RESERVE
FUNDS
((C.R.S. 38-33.3-209.5(1)(b)(VI))
It is the policy of the Association that reserve funds, if any there shall be, shall be invested in such a manner as to generate the highest
yield with the highest security in the Board’s reasonable opinion.

POLICIES AND PROCEDURES AND RULES AND REGULATIONS REGARDING ADOPTION AND AMENDMENT OF
POLICIES, PROCEDURES AND RULES
(C.R.S. 38.3-209.5(1)(b)(vii))
It is the policy of the Association that policies, procedures and rules are adopted by the Board of Directors at noticed meetings of
the Board or by unanimous written consent of the Board of Directors in lieu of a special meeting. All policies, procedures and rules
and regulations are subject to ongoing review. The Members of the Association are advised of the adoption, repeal or amendment of
any policies, procedures, rules and regulations through the minutes of meetings or other correspondence distributed to Owners. All
adopted policies, procedures, rules and regulations shall be posted on the Association’s website, www.holidayacres.org.

POLICIES AND PROCEDURES AND RULES AND REGULATIONS REGARDING PROCEDURE FOR RESOLUTION OF
DISPUTES BETWEEN THE ASSOCIATION AND ITS MEMBERS
(C.R.S. 38-33.3-124 and 38-33.3-209.5(1)(b)(viii))
Any and all disputes, except in the case of the Association’s collection of assessments or enforcement of the covenants,
bylaws, or rules and regulations, between an Owner and Member of the Association, on the one hand, and the Association, on the
other hand (each may be referred to as an “Applicable Party”) that do not involve an imminent threat to the peace, health, or
safety of the community (collectively, the “Disputes”) shall be resolved in accordance with the procedures set forth below. By
accepting a deed to a Lot, each Owner agrees that the procedures for resolving Disputes set forth below shall be the exclusive
procedure.
1. In the event of any dispute described above involving the Association and an Owner, it is the intention of the Association to
resolve the dispute informally and without the need for litigation. The Owner or the Association shall notify the other in
writing of the claim, stating (1) the nature of the claim, including the date, location, and persons involved, (2) the basis of
the claim, i.e. the provisions of the Declaration, the Bylaws, the Articles of Incorporation, the Rules and Regulations, or
other authority out of which the claim arises, (3) what the claimant wants the other to do to resolve the claim, and (4) that
the claimant wishes to resolve the claim by mutual agreement and is willing to meet in person with the other at a mutually
agreeable time and place to discuss in good faith ways to resolve the claim.
2. If a meeting is unsuccessful or does not occur, all claims and disputes, except in the case of the collection of assessments or
the enforcement of the Covenants, Bylaws, or Rules and Regulations, shall be initially submitted to mediation in good faith.
The parties shall jointly appoint a mediator and will share equally in the cost. If a party does not respond within ten (10)
days of receipt of a request to mediate, or if the parties cannot agree on a mediator within ten (10) days of the request, the
mediation requirement shall be deemed fulfilled. If mediation does occur, it shall be completed within thirty (30) days from
the date of request. If mediation is unsuccessful or does not occur, the parties may pursue their claims via the appropriate
court or submit the dispute to binding arbitration.
3. If the matter cannot be resolved by mediation or otherwise within thirty (30) days of the request for mediation, alternative
dispute resolution (ADR) in the form of Binding Arbitration may be pursued if both the Owner and the Association agree.
4. This policy is an agreement of the Association and Owners to mediate and/or arbitrate all claims except the stated
exceptions and is specifically enforceable under the applicable arbitration law of the State of Colorado. The arbitration shall
be final, and binding and judgement may be entered upon it in any court of competent jurisdiction to the fullest extent
permitted under the laws of the State of Colorado.
9
5. If the claims are resolved through negotiation as provided above, each party shall bear all of its own costs incurred in
resolving the claim, including its attorney fees, unless the parties otherwise agree. If the claims are not resolved through
negotiation and the claim goes to arbitration, the prevailing party shall receive as a part of its award from the opposing party
all of its costs, including attorney fees, and any expenses incurred as a result of the dispute resolution procedures of this
policy.
6. This policy may be amended from time to time by the Board of Directors. The Board may deviate from the procedures set
forth in this policy if its sole discretion such deviation is reasonable under the circumstances.

POLICIES AND PROCEDURES AND RULES AND REGULATIONS REGARDING RESERVE STUDY
(C.R.S. 38-33.3-209.5(1)(b)(ix))
The Board of Directors shall conduct a reserve study at such times as in its sole discretion it determines is necessary, to
determine the necessity and amount of reserves required to maintain, repair, replace and restore the Association’s common elements.
The reserve study shall be based on a physical and financial analysis. The Board shall, in its discretion, have the authority to and shall
make any adjustments deemed necessary to maintain reserves.
Reserve funds for the Association’s common elements shall be maintained in a reserve and shall be used for capital repairs,
replacements, maintenance, care, restorations and improvements of the Association’s common elements as the Board shall determine.
The Reserve Fund shall be funded primarily from assessments and the generation of investment income from the Reserve Fund in
accordance with the Association’s policy for Investment of Reserve Funds.

BY CONSENT OF THE BOARD OF DIRECTORS OF THE HOLIDAY ACRES PROPERTY OWNERS ASSOCIATION

As permitted by law, the Board of Directors of the above named non-profit corporation consent to the adoption of the following corporate resolution:
WHEREAS, Section 2 of the Protective Covenants of Holiday Acres which were originally recorded on May 17th, 1974 specify that “no business or commercial activity of any kind shall be conducted on any tract at any time except … “; and

WHEREAS, it has come to be known that a significant number of property owners in Holiday Acres have a “Home Office” in their personal residence; and,
WHEREAS, it is the desire ta continue to allow the “Home Office” usage if it does not violate any of the following conditions:

1. That no signage $hall be displayed at, near or upon the property upon which the residence/home office exists,
2. That the home office business not draw additional significant traffic into Holiday Acres that,would not otherwise be present,
3. That the home office usage be an act which could be incidental to ones use of their private residence,

BE IT RESOLVED, that these “Home Offices” be considered within their legal rights to use and occupy their personal residences in a manner which is non-offensive to their neighbors if they meet the criteria specified above;

NOW THEREFORE, based on the advice of our legal counsel, this Resolution shall serve as the guideline for this Association to determine any violations of home offices.

IN WITNESS WHEREOF, the Board has agreed to the above Resolution.

Holiday Acres Property Owriers Association

BOARD OF DIRECTORS HOLIDAY ACRES PROPERTY OWNERS ASSOCIATION

Whereas, Paragraph 3 of the Protective Covenants of Holiday Acres specifies that only single-family family residences shall be permitted on lots, plus private garage and outbuildings necessary for the use and benefit of the owner; and

Whereas, that Paragraph also specifies that commercial tracts are exempted from those aforementioned stipulations; and

Whereas, the Board of Directors recognize that an established procedure should be set forth to clarify to what extent the garages and outbuildings may also accommodate residential habitation quarters; therefore be it

Resolved, that when a request for a review of additional living quarters over and above the primary residence be requested that the following conditions will apply to granting that request:

• That additional living quarters are only allowed above a specific garage type building, and
• That the total square footage of the living premises not exceed 30% of the total living area of the main residence, and
• That the garage and outbuildings shall harmonize in construction and design with the construction and design of the main building pursuant to the stipulations of Paragraph 4 of the aforementioned Protective

Therefore, be it resolved that all properties in the Holiday Acres Subdivision shall be evaluated pursuant to the above stipulations when additional living quarters/dwellings are requested and that the above requirements are based upon already existing examples and the Provisions of the Protective Covenants the interest of equity for all property owners.

Adopted this 21^st day of July, 2004.

BOARD OF DIRECTORS
HOLIDAY ACRES PROPERTY OWNERS ASSOCIATION

Whereas, Holiday Acres Property Owners Association is a legally recognized and registered, non profit organization in the State of Colorado;

Whereas, the Appellate Justices for the State of Colorado made a judicial ruling affirming that Holiday Acres Property Owners Association is a conforming Colorado Common Interest Community;

Whereas, the Association incurs costs pertinent to Common Areas, enforcement of the registered Protective Covenants & the general operation of the Association.

Whereas, the provisions of the Colorado Common Interest Community Act clearly specify that Associations may assess and demand payment of such fees;

Resolved, that payment of Association dues by property owners is mandatory, and furthermore

• That dues not paid in the current year of assessment (fiscal year January 1 to

– December 31) are subject to assessment of late fees and,

• That such late fees shall be $10 .0 0 per year for each year that dues continue to remain unpaid and,
• That the fees will accrue for each calendar year period, per assessment (unpaid 2004 dues would be assessed $10 .0 0 for 2004, $10.00 for 2005,

$10.00 for 2006 etc . until paid in full, including the late f e.

Therefore, be it resolved that effective immediately Holiday Acres Board of Directors deems it essential that all properties in the Holiday Acres Subdivision shall be assessed late fees commencing as of 2006 in the interest of equity of sharing Association costs for all property owners.

Adopted this 21^st day of November 2005

BOARD OF DIRECTORS
HOLIDAY ACRES PROPERTY OWNERS ASSOCIATION

Whereas, Holiday Acres Property Owners Association is a registered, non – profit association with the State of Colorado; and

Whereas, it has been deemed to be a conforming, Colorado Common Interest

Ownership Act community by the Appellate Justices for the State of Colorado; and

Whereas, in accordance with the provisions of the aforementioned Colorado Common Interest Ownership Act, that specifiy that when an Association incurs costs on the behalf of all residents in the subdivision, that all costs are expected to be paid by all owners collectively; and

Whereas, that it is acknowledged that since annual dues are low and the cost to pursue legal recourse to enforce non-payment for those in arrears is not financially prudent; and

Whereas, the traditional statutory lien is waived by federal mandate pertinent to foreclosure/bank owned properties to a period six (6) months prior to title acquisition by the financial institution; now, therefore, be it

Resolved, that effective immediately the Holiday Acres Board of Directors deems it essential to initiate a $25.00 Property Transfer Fee and a $50.00 Document Fee be instituted for all properties.

Adopted this 4th day of November, 2010

HAPOA Board Resolution 09.08.18

Amendment to the Protective Covenants of Holiday Acres

9 HAPOA Governing Document Statement Signed Final-signed

Resolution 010324 Shipping Containers