POLICIES AND PROCEDURES OF
MET MOUNTAIN HOMEOWNERS ASSOCIATION
NOVEMBER 11, 2016


The Colorado Common Interest Ownership Act (CCIOA), C.R.S. § 38-33.3-209.5, requires that
associations adopt certain policies, procedures, and rules and regulations concerning the following:
(I) Collection of unpaid assessments;
(II) Handling of conflicts of interest involving board members;
(III) Conduct of meetings;
(IV) Enforcement of covenants and rules, including notice and hearing procedures and the schedule of
fines;
(V) Inspection and copying of association records by Owners;
(VI) Investment of reserve funds;
(VII) Procedures for the adoption and amendment of policies, procedures, and rules;
(VIII) Procedures for addressing disputes arising between the association and Owners; and
(IX) When the association has a reserve study prepared for the portions of the community maintained,
repaired, replaced, and improved by the association; whether there is a funding plan for any work
recommended by the reserve study and, if so, the projected sources of funding for the work; and whether
the reserve study is based on a physical analysis and financial analysis
(collectively, the “CCIOA Policies”).
As such, the following Policies and Procedures have been adopted by the Board of Met
Mountain Homeowners Association (“Association”) as required by the Colorado Common Interest
Ownership Act (“CCIOA”), as amended and are effective as of the date of the signature below.
Terms Regarding Definitions, Repeal and Amendment
WHEREAS, the definitions set forth in the Declaration of Covenants, Conditions and Restrictions
of Met Replat, as amended from time to time (the “Declaration”) shall apply to all capitalized terms
contained in these Policies and Procedures, unless otherwise noted. The term “Governing Documents”
as used in the Policies and Procedures set forth below refers to the Declaration, the Bylaws, the Articles
of Incorporation, the Policies and Procedures set forth herein and any other adopted, the Rules and
Regulations, and any other governing documents of the Association, as any of these are amended
(collectively, the “Governing Documents”).
WHEREAS, the following Policies and Procedures have been duly adopted by the Board of Met
Mountain Homeowners Association (the “Association”) and hereby repeal and replace any other prior
CCIOA Policies previously adopted by the Association and repeal and replace any other policy,
procedure, rule, or regulation previously adopted by the Association that conflict with the following
Policies and Procedures.
WHEREAS, Policy 11.0 concerning other rules and regulations and Policy 12.0 concerning
conflict, all as previously adopted by the Association, are hereby repealed.
WHEREAS, the Policies and Procedures set forth below may be amended, modified, changed,
deleted or added to by the Board or, if the Board so decides, a vote by the Owners.
{Policies to Follow}

I. Policies and Procedures Regarding Collection of Unpaid Assessments

Purpose: To establish a uniform and systematic procedure for collecting assessments and other
delinquent payments due to the Association, thus ensuring the financial well-being of the Association.
All owners are obligated to pay all dues and assessments in a timely manner. Failure to do so
jeopardizes the Association’s ability to pay its bills and is unfair to its other owners who do pay.
Accordingly, the Association, acting through the Board, must take steps to ensure timely payment of
assessments.
NOW, THEREFORE, IT IS RESOLVED that the Association does hereby adopt the following policy
governing the collection of unpaid assessments and other delinquent payments of the Association.
A. Due Dates. The annual assessment as determined by the Association and as allowed for
in the Declaration shall be due and payable in equal quarterly installments, due on the 1st day each of
these months: January, April, July, and October. Annual assessments not paid to the Association by
the 1st day of the month in which the payment is due shall be considered past due and delinquent. Any
other type of assessment or other payments due to the Association shall be considered due on the date
set by the Board and delinquent if not paid by said due date.
B. Invoices. The Board shall send written notice of each annual assessment to every Owner
subject thereto at least thirty (30) days in advance of each annual assessment period. The Board may,
but shall not be required to, invoice an Owner to pay assessments or other delinquent payments of the
Association.
C. Interest and Late Fees.
(1) Interest. Interest may be assessed after 30 days past due and when applied, shall be
assessed from the original due date. Delinquent annual assessments (i.e. those not paid by the 1st day of
the month in which the payment is due), any other kind of assessments, and any other delinquent
payments shall bear interest at the rate of twelve percent (12%) per annum from the due date until
paid.
(2) Late Fees. Late fees may be charged after 30 days past the due date on any delinquent
payment in addition to interest. A late fee shall be charged in the amount of $25.00 on any delinquent
assessment.
Any late charges and interest charges shall be due and payable immediately, without notice, in the
manner provided for payment of assessments.
D. Payment Plans. This section sets forth the circumstances under which an Owner is
entitled to enter into a payment plan with the Association.
(1) Availability. Any Owner who becomes delinquent in payment of assessments may enter
into a payment plan with the Association by written agreement. The Association shall make a goodfaith
effort to coordinate with an Owner to set up a payment plan that meets the requirements of current
law, unless the Association is not obligated to enter into a payment plan with the Owner. The
Association shall not be obligated to enter into a payment plan with an Owner if (a) the Owner has
previously entered into a payment plan with the Association under this policy or (b) the Owner does not
occupy the Lot and has acquired the Lot as a result of either: (i) a default of a security interest
encumbering the Lot or (ii) foreclosure of the Association’s lien.
(2) Minimum Terms. The Payment Plan Agreement must include the following:
i. Payments for delinquent assessments must be concluded within six (6) months from the
date the Owner enters into the payment plan, unless otherwise mutually agreed.
ii. Payments will be divided into equal installments due on the 15th of each month, unless
otherwise mutually agreed.
iii. During the six-month period of the Payment Plan Agreement, or other agreed term, the
Owner is required to remain current and prompt in payment of future, regular and special
assessments as they become due.
(3) Default. If an Owner fails to make any payment pursuant to the Payment Plan
Agreement, including any payment of future, regular and special assessments as they become due, the
Association may proceed with legal action and other appropriate remedies against the Owner for
collection without further notice.
(4) Contact Information for Payment Plan. The delinquent Owner is to contact the current
management company to set up a payment plan, unless otherwise instructed by the Association.
E. Remedies Available to Association Pursuant to Governing Documents and Colorado law.
The legal remedies available to the Association to collect a delinquent Owner’s account include:
(1) The delinquent account may be turned over to an attorney or a collection agency,
(2) A lien may be filed against the Lot,
(3) A lawsuit may be filed against the Owner personally,
(4) The lien against the Lot may be foreclosed upon,
(5) An action may be brought for appointment of a receiver,
(6) The Association may enforce the right to assignment of rents from any tenant to pay rents
directly to the Association,
(7) Owner may be denied the use of any of the Common Areas,
(8) Owner’s mortgage company may be notified of the delinquency,
(9) Owner’s voting rights may be suspended, and/or
(10) Any other remedies available pursuant to the Governing Documents and Colorado law.
F. Liens and Foreclosure. At the discretion of the Board, the attorney may record a Notice
of Lien against the Lot of any delinquent Owner in accordance with the terms and provisions of the
Declaration and Colorado law. Foreclosure of the Association’s lien may only be initiated if the balance
of the assessments and charges secured by the lien equals or exceeds 6 months of common expense
assessments based upon a periodic budget adopted by the Association and the board of directors has
formally resolved, by recorded vote, to authorize the filing of a foreclosure action against the specific
Lot on an individual basis.
G. Process for Collection Letters and Attorney Referral. After any annual assessments,
other assessments, fines, or other delinquent payments due the Association become past due and
delinquent, the following process shall be followed:
(1) Notice of Delinquency. Before the Association turns over a delinquent account to an
attorney for legal action or to a collection agency, the Association, by itself or by its Manager or other
agent, must send the delinquent owner a written notice specifying the following:
(A) The total amount due, with an accounting of how the total was determined;
(B) Whether the opportunity to enter into a payment plan exists and instructions for
contacting the Association to enter into such a payment plan;
(C) The name and contact information for the individual the Lot Owner may contact to
request a copy of the Lot Owner's ledger in order to verify the amount of the debt; and
(D) That action is required to cure the delinquency and that failure to do so within 30
days may result in the Lot Owner's delinquent account being turned over to a collection
agency, a lawsuit being filed against the Owner, the filing and foreclosure of a lien
against the Lot Owner's property, or other remedies available under Colorado law.
This notice shall be referred to as the “Notice of Delinquency”.
(2) Second Notice. Once the 30-day period of the Notice of Delinquency has run out, the
Association, by itself or by its Manager or other agent, may send a second notice which includes a copy
of the initial Notice of Delinquency and gives a final 30-day period in which to bring the account
current.
(3) Referral to Attorney. If payment in full is not received within 30 days after the Notice of
Delinquency, the Association may, but shall not be required to, refer the account to the Association's
attorneys for collection. Upon referral to the attorneys, the attorneys shall take all appropriate action to
collect the accounts referred, including recording a lien if not done so by the Board. The Owner of the
Lot with the delinquent account shall be responsible for, and pay as an assessment on such Lot, any
attorney fees and costs incurred.
H. Notices. Any letters or notices to be sent to a delinquent Owner shall be sent in
accordance with the notice provisions in the Declaration, and, in addition, emailed if the Owner has an
email address on record with the Association.
I. Attorney Fees and Costs. The Association shall be entitled to recover its reasonable
attorney fees and any costs incurred in the collection of assessments or other delinquent payments due
the Association from a delinquent Owner and these fees shall be due and payable immediately when
incurred, upon demand, and treated as and collectible as an assessment.
J. Returned Check Charges. In addition to any and all charges imposed under the
Governing Documents of the Association, a fee of $20.00 shall be assessed against an Owner in the
event any check or other instrument attributable to or payable for the benefit of such Owner is not
honored by the bank or is returned by the bank for any reason whatsoever, including but not limited to
insufficient funds. Such return check charge shall be considered an assessment due and payable
immediately, upon demand. This return check charge shall be in addition to any late fees or interest
incurred by an Owner. Any returned check shall cause an account to be considered delinquent if full
payment is not timely made by the due date. Notwithstanding this provision, the Association shall be
entitled to all additional remedies as may be provided by applicable law.
If two or more of an Owner's checks are returned unpaid by the bank within any fiscal year, the
Association may require that all of the Owner's future payments, for a period of one (1) year, be made
by certified check or money order.
K. Other Fees. In the event the Association incurs any type of fees for the handling and
processing of a delinquent account which fee is incurred specifically for an individual account, such fees
shall be the responsibility of the specific Owner and collectible as an assessment.
L. Application of Payments. All payments received on an account of any Owner or the
Owner’s Lot shall be applied in the following order: (1) to payment of any and all legal fees, including
attorney fees, costs, and lien fees (2) costs of enforcement and collection, (3) interest, (4) late fees, (5)
returned check charges, (6) fines and other amounts owing or incurred with respect to such Owner
pursuant to the Governing Documents and Colorado law, (7) delinquent special, default, or other type of
assessment other than annual, (8) the longest outstanding delinquent annual assessments, and finally to
(9) current assessments outstanding.
M. Rental Interception. The Association may, without court order, notify the tenant of any
Lot where the Owner is delinquent in the payment of assessments that rents shall be paid to the
Association effective immediately and continue until such time as the Owner’s account is current. Such
notice shall be delivered in writing to both the tenant and the Owner. All funds received by the
Association from the tenant shall be credited to the Owner’s account as set forth herein. Any
overpayments shall be forwarded to the Owner.
N. Appointment of a Receiver. The Association may seek the appointment of a receiver by
the Court if an Owner becomes delinquent in the payment of assessments. The receiver shall be a
disinterested person who shall manage the delinquent Owner’s Lot pursuant to the court’s order. The
purpose of a receivership is to obtain payment of assessments, prevent waste and deterioration of the
Owner’s Lot, and prevent negative impact on the Common Areas and other owners’ properties.
O. Referral of Delinquent Accounts to Collection Agencies. The Board may, but shall not be
required to, refer delinquent accounts to one or more collection agencies for collection. Upon referral to
a collection agency, the agency shall take all appropriate action to collect the accounts referred.
P. Ongoing Evaluation. Nothing in this procedure shall require the Board to take specific
actions other than those required by Colorado law. The Board has the option and right to continue to
evaluate and determine the best course of action for each delinquency on a case by case basis, so long as
the minimum requirements of law are met. The Association may grant a waiver of any provision herein
upon petition in writing by an Owner showing a personal hardship. Such relief granted an Owner shall
be appropriately documented in the files of the Association. In addition, the Board is hereby authorized
to extend the time for the filing of lawsuits and liens, or to otherwise modify the procedures contained
herein, as the Board may determine appropriate under the circumstances.
Q. Amendment. This Policy may be amended from time to time by the Board.

II. Board Members’ Conflicts of Interest

The Board has adopted the following policies and procedures regarding handling of conflicts of interest
involving board members:
A. Definitions.
(1) “Conflicting interest transaction” means a contract, transaction, or other financial relationship
between the Association and a Board Member, or between the Association and a party related to a Board
Member, or between the Association and an entity in which a Board Member of the Association is a
Board Member or officer or has a financial interest.
(2) “Party related to a Board Member” means a spouse, a descendant, an ancestor, a sibling, the
spouse or descendant of a sibling, an estate or trust in which the Board Member or a party related to a
Board Member has a beneficial interest, or an entity in which a party related to a Board Member is a
Board Member or officer or has a financial interest.
B. Policy.
(1) Loans. No loans shall be made by the Association to its Board Members or officers. Any
Board Member or officer who assents to or participates in the making of any such loan shall be liable to
the Association for the amount of the loan until it is repaid.
(2) If any contract, decision, or other action taken by or on behalf of the Board would financially
benefit any Board Member or Party related to a Board Member, then, in advance of entering into that
contract, making the decision or taking the action, that interested Board Member shall declare at an open
meeting of the Board, that a conflict of interest exists and shall describe in detail all of the particular
facts of the conflict of interest.
(3) After the interested Board Member makes such a declaration, the interested Board Member
may participate in a discussion of the matter giving rise to the conflict of interest. However, the
interested Board Member may not vote on the issue giving rise to the conflict of interest.
(4) Interested Board Members may be counted in determining the presence of a quorum at a
meeting of the Board or of a committee that authorizes, approves or ratifies the conflicting interest
transaction.
(5) The conflicting interest transaction may not be void or voidable by an Owner or the
Association, acting by vote of the Board, if:
i. The facts about the conflicting interest transaction are disclosed to the Board, and a majority of
the disinterested Board Members, even if less than a quorum, in good faith approves the conflicting
interest transaction;
ii. The facts about the conflicting interest transaction are disclosed to the Owners entitled to vote
on the matter, and the conflicting interest transaction is authorized in good faith by a vote of the Owners
entitled to vote on the matter; or
iii. The conflicting interest transaction is fair to the Association.
(6) These policies and procedures regarding handling of conflicts of interest involving board
members shall be reviewed no less than annually by the Board.

III. Conduct of Meetings

The Board has adopted the following policies and procedures regarding the conduct of meetings, subject
to the Declaration and Bylaws:
A. Owner Meetings. All meetings of the Owners are open to every Owner or to any person
designated by an Owner in writing as the Owner's representative, and Owners or designated
representatives so desiring shall be permitted to attend, listen, and speak at an appropriate time during
the deliberations and proceedings.
Meetings of the Owners will be held with either the President or Vice-President or any other
officer of the Association presiding, and, to the extent practicable, will substantially follow the
published agenda, if any.
The order of business at all meetings of Owners shall be as follows:
1. Roll call (or check-in procedure)
2. Proof of notice of meeting
3. Reading minutes of preceding meeting
4. Reports
5. Establish number of term of memberships of the Board (if required and noticed)
6. Election of Directors of the Board (when required)
7. Ratification of budget (if required and noticed)
8. Unfinished business
9. New business
Secret Ballot Elections and Voting
At any Owner meeting in which there is an election for positions on the Board, the votes shall be taken
by secret ballot.
At the discretion of the Board or upon the request of twenty percent (20%) of the Owners who are
present at the meeting or represented by proxy, if a quorum has been achieved, a vote on any matter
affecting the community on which all Owners are entitled to vote shall be by secret ballot.
The results of a vote taken by secret ballot shall be reported without reference to the names, addresses,
or other identifying information of unit owners participating in such vote.
Proxies
Owners entitled to vote at Owner meetings may vote in person or by proxy, which proxy may be
submitted electronically, and which proxy shall be valid for eleven (11) months unless it specifies a
shorter period of time or is sooner revoked by the Owner by delivering written notice to the Association
of the revocation. A proxy shall be deemed revoked in the event the Association receives notice of the
death or incapacity of the proxy appointer prior to the time the proxy exercises the proxy’s authority to
vote. In the event that an Owner causes a proxy to be delivered to the Association without designating
who shall act and vote as his or her proxy, he or she will be considered to have designated the
Association’s secretary as his or her proxy.
Action Without Meeting
Any action which may be taken at a meeting of the Owners may be taken without a meeting by written
ballot in accordance with Colorado law.
B. Board Meetings. All meetings of the Board are open to every Owner or to any person
designated by an Owner in writing as the Owner's representative. At an appropriate time determined by
the Board but before the Board votes on an issue under discussion, Owners or their designated
representatives shall be permitted to speak regarding the issue. The Board may place reasonable time
restrictions on persons speaking during the meeting, to allow sufficient time for as many Owners as
possible to comment within the time permitted. Unless otherwise determined by the President or acting
chair, the time limit will be three (3) minutes per Owner. Owners will only be allowed to speak more
than once at the discretion of the Board. If more than one person desires to address an issue and there
are opposing views on that issue, the Board shall provide for a reasonable number of persons to speak on
each side of the issue. In addition, the Board may take action without a meeting in accordance with
Colorado law.
C. Executive Session of Board. Notwithstanding the foregoing, the Board or a committee
thereof may hold an executive or closed door session and may restrict attendance to Board Members and
other persons specified by the Board; provided that any such executive or closed door session may only
be held in accordance with the provisions and requirements of CCIOA, as amended from time to time,
or other applicable law. Matters for discussion by an executive or closed session are limited to:
(1) Matters pertaining to employees of the Association or the Manager's contract or involving the
employment, promotion, discipline, or dismissal of an officer, agent, or employee of the Association;
(2) Consultation with legal counsel concerning disputes that are the subject of pending or imminent
court proceedings or matters that are privileged or confidential between attorney and client;
(3) Investigative proceedings concerning possible or actual criminal misconduct;
(4) Matters subject to specific constitutional, statutory, or judicially imposed requirements protecting
particular proceedings or matters from public disclosure;
(5) Any matter the disclosure of which would constitute an unwarranted invasion of individual privacy;
(6) Review of or discussion relating to any written or oral communication from legal counsel.
Prior to the time the Board Members convene in executive session, the President or acting chair shall
announce the general matter of discussion as enumerated in paragraphs (1) to (6) above. No rule or
regulation shall be adopted during an executive session. The minutes of all meetings at which an
executive session was held shall indicate that an executive session was held and the general subject
matter of the executive session.
D. Owner Conduct. No Owner is entitled to speak until recognized by the chair. There shall be
no interruption of anyone who has been recognized by the chair, except by the chair. Specific time limits
set for speakers shall be strictly observed. Personal attacks, whether physical or verbal, and offensive
language will not be tolerated. All comments are to be directed to the chair and not other individual
participants. All comments are to be restricted to the agenda item being discussed.
E. Curtailment of Owner Conduct. Should the President or acting chair determine that any
Owner has spoken for the allocated amount of time or longer, or determine that the Owner is in violation
of the provisions of this policy, the President or acting chair shall have the authority to instruct that
Owner to yield the floor, and that Owner will be obligated to comply with the President’s or acting
chair’s instruction.

IV. Enforcement of Covenants and Other Governing Documents of the Association

The Board has adopted the following policies and procedures regarding enforcement of covenants and
other Governing Documents, including notice and hearing procedures and the schedule of fines, which
policies and procedures replace and supersede any policies or rules or regulations regarding enforcement
previously adopted by the Association:
Purpose: To establish a uniform and effective procedure for enforcement of the Governing Documents.
NOW, THEREFORE, IT IS RESOLVED that the Association does hereby adopt the following policy
governing the enforcement of the Governing Documents.
1. Not Applicable to Collection. These Policies and Procedures governing the Enforcement of
Covenants and other Governing Documents of the Association shall govern the enforcement of
the provisions of the Governing Documents other than those adopted for collection of unpaid
assessments which are addressed elsewhere in the Association’s Governing Documents and by a
separate and policy and procedure for the same.
2. Persons Subject to Enforcement. All owners and their tenants, guests, licensees, and invitees
shall be subject to the Association’s Governing Documents and enforcement thereof. In the
event that any tenant, guest, licensee, and/or invitee associated with a Lot other than an Owner
violates the Declaration, Rules or Regulations or any other governing documents related to the
Association and a fine or penalty is imposed, the fine shall also be deemed assessed against the
Lot as an assessment upon proper notice and opportunity to be heard as provided herein.
3. Power of Board. The Board and/or a committee of the Board shall have the power to (a) impose
fines after notice and opportunity for a hearing as provided for herein (if unpaid, the balance
shall be considered an assessment and collectable as such, including the right to lien the Lot for
the same), (b) to suspend an Owner’s right to vote, and (c) to suspend the Owner’s right to use
the Common Areas.
4. Procedures. The following shall constitute the procedure by which notification of any violation,
other than payment of dues and assessments, shall be addressed:
a. Actions Prior to Initiation of Formal Resolution Process. Any Owner, officer, Board
member, and/or Manager has the authority to request that another Owner or occupant of
such Owner’s Lot cease or correct any act or omission which appears to be a violation of
the Governing Documents (an “Alleged Violation”). Such informal request may be made
before the formal process is initiated.
If the actions described above prove unsuccessful or are otherwise not initiated, the
violation procedures below shall be initiated upon any Owner, officer, member of the
Board, or the Manager by filing with the Board, or a committee of the Board, a written
complaint. The written complaint shall set forth in ordinary and concise language the
acts or omissions which the complaining party believes occurred and shall include as
many specifics as are available as to time, date, location and persons involved, so that the
complaint may be investigated and verified.
b. Notice of Alleged Violation. Should the Board or any committee of the Board determine
that a violation may have occurred, as soon as reasonably practicable following such
determination, their designee shall send to the Owner of the Lot where the Alleged
Violation occurred a notice of alleged violation (the “Notice”). The Board or committee
may also, at its option, provide a copy of the Notice to any non-owner violator. The
Notice shall contain:
i. A description of the Alleged Violation;
ii. A statement that the Alleged Violation must cease within such period of time as
the Board or committee deems reasonable based upon the nature of the Alleged
Violation.
iii. The proposed or potential fines or other sanctions to be imposed if the Alleged
Violation is not ceased within the time period required;
iv. A statement that the alleged violator may challenge the fact of the occurrence of a
violation or the fine and/or other sanction by request for hearing, in writing,
within 15 days of the date of the Notice;
v. The name, address, and telephone number of a person to contact to request the
hearing; and
vi. A statement that the proposed fine and/or sanction shall be imposed as contained
in the Notice unless a hearing is requested within 15 days of the date of the Notice
by the Owner delivering to the Association written notice, to the address in the
Notice provided by the Association, that the Owner desires to challenge the
Alleged Violation with a statement of the reason for the challenge. If a challenge
is not timely made as provided for in this section, the fine and/or other sanction
shall be imposed immediately subsequent to 15 days from the date of the Notice
and there shall be no due recourse for the Owner as to the fine and sanctions so
imposed.
c. Service of Notices. Service of all notices required or permitted hereunder shall be made
as follows:
(a) If to an Owner and any person associated with a Lot who is in violation, notice
shall be by personal delivery or, by U.S. mail, postage prepaid, addressed to the last
registered address of the Owner as contained in the Association records and by posting on
the Lot unit’s front door if related to a non-owner occupying the Lot. Notice shall be
emailed to the Owner if the Owner has an email address on record with the Association.
(b) If to the Association, by personal delivery or U.S. mail, postage prepaid,
addressed to the Association in care of its registered agent and also to its principal office
mailing address, both as maintained with the Colorado Secretary of State. Any notice to
the Association shall be emailed to the Association if an email address is provided to the
Owner for such purpose.
(c) Any notice personally delivered shall be deemed received on the date of
delivery and any notice mailed shall be deemed received on the 5th day following the date
of mailing.
d. Hearing. If a timely request for a hearing is received to challenge any Alleged Violation
and/or sanction, a hearing before the Board or a committee of the Board shall be held,
affording the alleged violator a reasonable opportunity to be heard within fifteen (15)
days following the Owner’s request for a hearing. The Board or committee shall hear and
decide cases set for hearing and the Board or committee may appoint an impartial officer
or other impartial Owner to act as the Presiding Officer at any hearing. It shall be
incumbent upon each member of the Board or committee, as applicable, to make a
determination as to whether he or she is able to function in a disinterested fashion. If
such individual is incapable of objective consideration in the case, he or she shall disclose
such to the Board or committee, as applicable, and remove himself or herself from the
proceedings and have it so recorded in the minutes. The Board or committee may duly
limit the amount of time that the Owner has to provide his or her case against the Alleged
Violation. If requested, the hearing may be by telephone conference, with costs of same
to be paid by the Owner. Unless otherwise determined by the Board or committee or
requested by the Owner that is alleged to have committed the Alleged Violation, all
hearings shall be open to attendance by all members of the Association.
The Board, upon timely receipt of a written challenge by the Owner, shall set the hearing
at a time and date convenient to the Board, with good faith consideration of the
availability of the Owner, and will provide written notice of the date and time of the
hearing to the Owner who is subject to being sanctioned, provided that the Presiding
Officer may grant continuances for good cause. The notice of the hearing shall be
provided not less than five (5) days before the date of the hearing. The notice of the
hearing shall provide the format for the hearing with an invitation to the Owner who is
subject to being sanctioned to attend the hearing and produce any statements, evidence,
and witnesses and shall contain notice of any time limits. The notice requirement shall be
deemed duly satisfied if an Owner who is subject to being sanctioned appears at the
hearing.
At the beginning of each hearing, the presiding offer shall introduce the case by
describing the Alleged Violation and the procedure to be followed during the hearing.
Each party or designated representative, may, but is not required to, make an opening
statement, present relevant evidence and testimony, present witnesses, and make a
closing statement. The alleged violator is not required to be in attendance at the hearing.
e. Fines. Subject to the provisions hereof, the following constitutes the fine schedule for
any violation of the Governing Documents of the Association, other than nonpayment of
assessments and dues:
i. First offense: Minimum fine of $25.00; up to $100.00 per day.
ii. Second offense: Minimum fine of $50.00; up to $100.00 per day.
iii. Third offense: Minimum fine of $100.00; up to $100.00 per day.
The total amount of any fines levied on account of any single recurring violation will not
exceed the amount of $5,000.00, at which time the Association may pursue any other
legal and/or equitable remedy available to it.
Any fines levied pursuant to this policy and not paid within ten (10) calendar days from
the mailing of the notice of the fine, after the procedures above have occurred and been
followed, shall act as a lien upon the offending Owner’s Lot and said lien may be
enforced in the same manner as a lien for unpaid assessments in accordance with the
Declaration, including the recovery of all attorney fees and costs incurred in collecting
the lien.
It is the responsibility of the Lot Owner in violation of any of the Governing Documents
to notify the Board or Manager that the offending item/situation has been remedied and to
arrange for verification of said remedy. The Association will continue fines until
otherwise confirmed by a Board Member or the Manager and noted in writing to the Lot
Owner for his or her records.
f. Decision. After all testimony and other evidence have been presented to the Board or
committee at a hearing, the Board or committee shall render its written findings and
decision, and may impose a fine in its reasonable discretion, in accordance with the above
fine schedule, if applicable, within 5 business days after the hearing. A decision, either a
finding for or against the Owner, shall be by a majority of the members of a quorum of
the Board present at the hearing or by a majority of a quorum of the committee, as
applicable. The minutes of the meeting shall contain a general written statement of the
results of the hearing and the sanction, if any, imposed. The decision of the Board or
committee, as applicable is final and non-appealable. The Board or committee may also
issue and present for recording with the Eagle County Clerk and Recorder, a Notice of
Finding of Violation. Upon satisfactory compliance with the Association’s Governing
Documents, the Notice of Finding of Violation may be released by the Association
issuing and recording a Release of the Notice of Finding of Violation.
5. Who May Enforce. Any action to enforce the Association’s Governing Documents may be
brought by the Association, the Board, the Manager, the Association’s counsel in the name of the
Association on behalf of the Owners, and/or, as described above, an Owner.
6. Violation. Every act or omission whereby any provision of the Association’s governing
documents is violated, in whole or in part, may be considered a nuisance, and may be enjoined or
abated, whether or not the relief sought is for negative or affirmative action by the Association or
any Owner. Any violation of any state, municipal or local low, ordinance or regulation
pertaining to the ownership, occupation or use of any of the Lots is hereby declared to be a
violation of the Governing Documents and shall be subject to any and all of the enforcement
procedures set forth herein.
7. Remedies. In addition to the fines provided for herein, it is hereby declared to be the intention
of the Association to enforce the provisions by of the Governing Documents by any and all
means available to the Association at law or in equity, and to seek recovery and reimbursement
of all attorney's fees, Association expenses and costs incurred by the Association in connection
therewith. The remedies set forth herein are cumulative and non-exclusive.

V. Policies and Procedures Regarding the Inspection and Copying of Association Records

The Board has adopted the following policies and procedures regarding the inspection and copying of
records pursuant to the provisions of C.R.S. §38-33.3-209.5(V) and C.R.S. §38-33.3-317 as amended
and effective August 6, 2014.
Purpose: To establish uniform procedures for the inspection and copying of Association records by
Association Members; to establish the type of records kept by the Association or its agent; and to
establish the cost of copying Association records.
The Board does hereby adopt the following policy governing the inspection and copying of Association
records which shall replace and supersede any policy regarding the same previously adopted by the
Association:
1. Record Maintenance Requirements: The Association shall keep and maintain the
following documents as the sole records of the Association for purposes of document retention and
production to Owners:
A. Records specifically defined in the Association’s Declaration or Bylaws.
B. Records expressly required to be available within 90 days after the end of each fiscal year
as required by C.R.S. §38-33.3-209.4(2) as follows:
(a) The date on which its fiscal year commences;
(b) The operating budget for the current fiscal year;
(c) A list, by Lot type, of the association's current assessments, including both regular and
special assessments;
(d) The annual financial statements, including any amounts held in reserve for the fiscal
year immediately preceding the current annual disclosure;
(e) The results of its most recent available financial audit or review;
(f) A list of all association insurance policies, including, but not limited to, property,
general liability, association director and officer professional liability, and fidelity
policies. Such list shall include the company names, policy limits, policy deductibles,
additional named insureds, and expiration dates of the policies listed.
(g) All the Association's Bylaws, Articles, and Rules and Regulations;
(h) The minutes of the Board and member meetings for the fiscal year immediately
preceding the current annual disclosure; and
(i) The Association's responsible governance policies adopted under section 38-33.3-
209.5.
The items listed in this Section 1.B. are available at no cost to the owners and costs of distribution shall
be accounted for as a common expense. The items may be posted on an internet web page with
accompanying notice via mail or email to owners of the web address.
C. Records expressly required by C.R.S. §38-33.3-317 as follows:
(a) Detailed records of 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 its owners and board, a record of all actions taken by the
owners or 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, Board members that are:
(i) directly related to an action taken by the board without a meeting pursuant
to the Colorado Revised Nonprofit Corporation Act (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) A list of the 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 (the “Membership List”);
(f) The Association’s current Declaration, covenants, Bylaws, Articles of Incorporation,
Rules and Regulations, responsible governance policies and other policies adopted by
the board;
(g) Financial statements for the past 3 years and tax returns of the Association for the
past 7 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 most recent annual report delivered to the Secretary of State, if any;
(j) Financial records sufficiently detailed to enable the Association to provide an owner,
or other person designated under C.R.S. §38-33.3-316(8), with a written statement
stating the amount of unpaid assessments currently levied against the owner’s Lot1;
(k) The Association’s most recent reserve study, if any;
(l) Current written contracts to which the Association is a party and contracts for work
performed within the past 2 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 1 year after the
election, action or vote to which they relate;
(o) Resolutions adopted by the board relating to the characteristics, qualifications, rights,
limitations, and obligations of members;
1 Under C.R.S. §38-33.3-316(8), the statement must be provided within 14 days of receipt of the written request and, if no
statement is furnished, the association loses its right to assert a lien upon the Lot for assessments due as of the date of the
request.
(p) All written communications within the past 3 years sent to all Lot owners generally as
Lot owners; and
(q) An Owner’s or resident’s written consent to the disclosure of such person’s telephone
number and/or electronic mail address as described in Section 3(B)(b) of this policy.
2. Availability of Association Records to Owners:
A. Terms Applicable to Inspection by the Owner or Production and Copying of
Records for Owner
(a) All records maintained by the Association must be available, except as provided in
Sections 2.B. and 3 below and subject to the fees outlined in Section 4 below, for an
in-person examination by a requesting Owner or their authorized agent2 or for
production of copies to the requesting Owner or their authorized agent. The owner
or authorized agent shall be referred to hereinafter as the “Requesting Owner.”
(b) Any Owner who wishes to inspect or request copies of any of the required records
must first submit a written request with the following information:
i. Name, mailing address, phone number and email address of Requesting
Owner and, if applicable, authorized agent,
ii. Description with reasonable particularity of the exact records sought,
iii. Whether the Requesting Owner wishes to conduct an in-person inspection or
is requesting copies be made and provided, or both.
iv. If the Membership List is being requested, state a purpose directly related to
the Requesting Owner’s interest over his or her Lot.
v. If requesting copies, affirmation that the Requesting Owner will pay a
required advance fee allowed in Section 4 below for copying charges plus
labor costs.
vi. State a date and time, at least ten (10) calendar days from the date of delivery
of the request, that the Owner wishes to inspect or receive copies of the
records.
The written request must be sent by U.S. Mail to the mailing address of the Association,
delivered in person to the Board President at a meeting or in person to the Manager, or
sent by email to a valid email address of the Board President or the Manager
(c) The Association, by its Board or Manager, shall respond to the Requesting Owner no
later than seven (7) days after the Association receives the written request per
sections (d) and (e) below.
(d) Physical Inspection. If Requesting Owner has requested physical inspection of the
records, the response shall advise the owner of the date, time and location of the
inspection. The Board or Manager and Requesting Owner shall work in good faith to
find a mutually agreeable date and time. Examination shall occur between normal
business hours. Alternatively, at the sole discretion of the Board or the Association's
Manager, the examination shall occur at the next regularly scheduled Board meeting
2 The Association may request that anyone acting as an owner’s authorized agent provide written proof of the owner’s
designation of the individual as their authorized agent.
if the meeting occurs within 30 days after the request. Further, at the discretion of the
Board or the Association's Manager, certain records may only be inspected in the
presence of a Board member or employee of the Manager. No records may be
removed from the location of inspection without the express written consent of the
Board of Directors.
(e) Copies Request. If Requesting Owner has requested copies of the records, the
response shall state the fees required under Section 4 and request a response as to
where to deliver the requested documents to the owner upon payment. The
Requesting Owner may request to receive copies of records through electronic
transmission (email or facsimile), if available and if the request is not too voluminous
to send in such method in the sole discretion of the Board or Manager. Alternatively,
at the sole discretion of the Board or the Association's Manager, the delivery of
copies shall occur at the next regularly scheduled Board meeting if the meeting
occurs within 30 days after the request.
(f) Regardless of any provision in the Declaration, Bylaws, Articles, or Rules and
Regulations of the Association to the contrary, the Association may not require a
statement of proper purpose from the owner in order to produce the requested
documents (C.R.S. §38-33.3-317(2)(a)).
B. Terms Applicable Specifically to the Membership List:
(a) In order for any person to obtain the Membership List (as defined in 1.C.(e) above),
or any part thereof, they must show to the Board that the purpose for which the
Membership List is requested is directly related to the owner’s interest over his/her
Lot. If the purpose of obtaining or using the Membership List is unrelated to the
requesting owner’s interest as a Lot owner, consent from the Board is mandatory for
use for an unrelated purpose.
(b) Without consent of the Board, the Membership List, or any part thereof, may not be:
1. Used to solicit money or property unless such money or property will
be used solely to solicit votes from Lot owners in an election to be
held by the Association;
2. Used for any commercial purpose; or
3. Sold to or purchased by any person.
3. Restrictions on Availability of Records
A. Records That May Be Withheld: Records maintained by the Association may be
withheld in the sole discretion of the Board to the extent that they are or concern:
(a) Architectural drawings, plans, and designs, unless a written consent from the legal
owner of the drawings, plans, or designs is obtained;
(b) Contracts, leases, bids, or records related to transactions to purchase or provide goods
or services that are currently in or under negotiation;
(c) Communications that are protected by the 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) Individual Lots other than those of the requesting owner.
In determining whether the records listed in (a)-(f) above may be inspected or provided, the Board
shall consider, among other things: (1) Whether disclosure is for an illegal or improper purpose, or
would violate a constitutional or statutory provision or public policy; and (2) Whether disclosure
may result in an invasion of personal privacy, breach of confidence or privileged information as set
forth above.
B. Records that Must Be Withheld: Records maintained by the Association must be
withheld to the extent that they are or concern:
a. Personnel, salary, or medical records relating to specific individuals; or
b. Personal identification and account information of Owners, including bank
account information, telephone numbers, email addresses, driver’s license
numbers, and social security numbers except that an Owner or resident may
provide the Association with prior written consent to the disclosure of, and the
Association may publish to other Owners and residents, the person’s telephone
number, electronic mail address, or both. The written consent must be kept as a
record of the Association and remains valid until the person withdraws it by
providing the Association with a written notice of withdrawal of the consent. If a
person withdraws his or her consent, the Association is under no obligation to
change, retrieve, or destroy any document or record published prior to the notice
of withdrawal. An Owner’s or resident’s written consent and/or notice of
withdrawal of the consent may be given by such person electronically to the
Association so long as such person’s electronic transmission to the Association
contains a statement or reasonable indication that such person intends the
electronic transmission to constitute effective notice to the Association of such
person’s consent or withdrawal of consent.
4. Charges and Fees: The Association will charge a reasonable fee, which shall be required
to be paid by the Requesting Owner in advance, to cover costs of labor and material for copies of
Association records. However, the charge may not exceed the estimated cost of production and
reproduction of the records. The cost per page and the labor costs shall be no less than $.10 per
page and $25/hour for the time it takes the authorized person copying the documents for the
requesting owner to do so. If the documents take less than one hour to copy, the minimum labor
fee is $25.00. Any delivery fees will be passed through directly to the Requesting Owner.
5. Association Obligation: The Association is not obligated to compile or synthesize information.
6. Commercial Purposes: Records maintained by the Association, and the information contained
therein, shall not be used for commercial purposes.
7. Abuse of Rights: The Association reserves the right to pursue any individual for damages or
injunctive relief or both, including reasonable attorney fees, for violation or abuse of these rights.
END OF POLICY FOR INSPECTION AND COPYING OF RECORDS

VI. Policies and Procedures for Board Members Investing Reserve Funds

The Board has adopted the following policies and procedures regarding the investment of reserve funds:
A. Board Members and officers must meet the standards of care outlined in the Colorado
Revised Nonprofit Code when investing Association reserve funds. The standards require Board
Members and officers to act:
(1) in good faith;
(2) with the care an ordinarily prudent person in a like situation would exercise under similar
circumstances; and
(3) in a manner the Board Member or officer reasonably believes to be in the best
interest of the Association.
B. In discharging their duties, Board Members and officers may rely on other people on matters
that the Board Members or officers reasonably believe are within that person's professional or expert
competence.
C. The Association will maintain a separate reserve account or accounts, and all reserve funds
shall be invested in accordance with the requirements of the Declaration and the Colorado Common
Interest Ownership Act. The goals and objectives of the Association shall be to achieve the following
prioritized objectives:
i. To promote and ensure the preservation of the reserve fund’s principal;
ii. To structure maturities to ensure availability of assets for that time when reserve
analyses anticipate future needs;
iii. To mitigate the effects of interest rate volatility upon reserve assets;
iv. To achieve long-term goals established in any reserve study of the condition of
the Association’s physical assets;
v. To maximize yields consistent with this reserve fund policy.
D. The Board shall have direct control of the reserve account, and will monitor ongoing
investment activities to ensure proper liquidity and that the investment strategy is consistent with the
Association’s objectives; the Board shall review the investment performance of its reserve account(s) at
such times as shall be determined by the Board in its reasonable discretion.
E. Eligible investments of reserve funds shall be: certificates of deposit; money market deposit
accounts; money market funds; and U.S. treasury bonds or bills. Investments shall be structured so that
they mature in successive years and no individual investment may exceed two years in maturity.
Investments shall be in custodial accounts which are federally insured either through the FDIC or the
U.S. government, with no more than $100,000.00 held in any one bank. Transfers of budgeted additions
to reserves shall be made on a monthly basis, and two directors’ signatures shall be required to withdraw
any funds from the Association’s reserve accounts, and the Association shall obtain fidelity insurance to
protect the Association from loss due to theft for any person with access to its investments.

VII. Polices and Procedure for Adoption and Amendment
of
Policies and Procedures, and Rules and Regulations

The Board has adopted the following policies and procedures regarding the adoption and amendment of
Policies and Procedures, and Rules and Regulations:
The Board may from time to time adopt and amend the Policies and Procedures and the Rules and
Regulations except the new policy, procedure, rule or amendment shall not amend the terms of the
Declaration which may only be amended as provided therein. Such amendments are valid and
enforceable against an Owner only if:
(a) Their purpose is to promote the convenience, safety, or welfare of the Owners;
(b) They are reasonably related to the purpose for which they are adopted;
(c) They are not retaliatory or discriminatory in nature;
(d) They are sufficiently explicit in prohibition, direction, or limitation of the Owner’s
conduct to fairly inform him of what he must or must not do to comply.
In order to adopt or amend a policy, procedure, or rule and regulation, the Board shall proceed as
follows:
1. If the Board is to consider any proposed new or amended rules, polices or procedures at a regular
or special meeting, the Board shall notify the Owners of that fact at least fifteen (15) days prior
to the date of such meeting.
2. If the Board plans to take action on any proposed new or amended rules, policies or procedures
by a consent of the Directors, the Board shall notify the Owners of that fact at least fifteen (15)
days prior to the date such action is to be taken.
3. Such notice may be made by posting notice of the meeting or planned action and the proposed
amendment(s) on the Association’s website, if any, within the time periods specified above.
4. Any action taken by the Board shall be accordance with the Bylaws.
5. The Board shall send notice of the newly-adopted policy, procedure, rule and regulation to the
Owners via first class mail or email (if the Owner has provided an email address to the
Association). No policy, procedure, or rule and regulation shall be effective until sent to the
Owners, unless otherwise required by law.

VIII. Alternative Dispute Resolution Policy

The Board has adopted the following policies and procedures regarding addressing disputes arising
between the Association and an Owner or Owners which repeals and supersedes any other alternative
dispute resolution policy or rule previously adopted by the Association:
The Board hereby adopts the following policy regarding Alternative Dispute Resolution which is
applicable except in the case of the Association’s collection of assessments or enforcement of the
covenants, Bylaws, or Rules and Regulations of the Association by the Association:
A. Meeting with Board. In the event of any dispute involving the Association and an Owner, it
is the intention of the Board to resolve the dispute informally and without the need for litigation. The
Owner or the Board shall notify the other in writing of the claim, stating (i) the nature of the claim,
including the date, time, location, persons involved, (ii) the basis of the claim (i.e. the provisions of the
Declaration, the Bylaws, the Articles, Rules or Regulations or other authority out of which the claim
arises); (iii) what the claimant wants the other to do or not do to resolve the claim; and (iv) that 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.
The parties shall make every reasonable effort to meet either in person or by conference call to
resolve the claim by good faith negotiation.
B. Mediation. If a meeting is unsuccessful or does not occur, all claims or disputes shall be
initially submitted to mediation in good faith. The parties shall jointly appoint a mediator and will share
equally in the cost of mediation. If a party does not respond within 10 business days of receipt of a request
to mediate or if the parties cannot agree on a mediator within 10 business days of the request, the mediation
requirement shall be deemed fulfilled. If mediation does occur, it shall be completed within 60 days from
the date of request.
If mediation is unsuccessful or does not occur, the parties are free to pursue all legal rights and
remedies in a court of law.
C. This policy is an agreement of the Association and Owners to mediate all claims except the
stated exceptions and is specifically enforceable under the applicable law of the State of Colorado.
D. Costs. If the claims are resolved through negotiation or mediation 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 or mediation, 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.
E. 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.

IX. Reserve Study Policy

The Board has adopted the following policies and procedures regarding reserve studies:
A. Reserve Study. The Board shall obtain a reserve study based on funds necessary for the
Association to maintain, repair, replace and improve such portions of the Properties as required to be so
done by the Association. The reserve study shall be updated no less then every three (3) years. The
reserve study and updates may be internally conducted or outsourced to a professional provider of
services.
B. Parameters of the Reserve Study and Updates.
a. All reserve studies and updates shall be based on both a physical analysis and a
financial analysis.
b. All reserve studies and updates shall include a component inventory, a condition
assessment based on a site inspection, and life valuation estimates. These factors
shall be used to determine the fund status and funding plan.
c. Updates shall include a physical inspection if maintenance has been deferred, if there
has been significant deterioration in the components beyond what was expected, or if
there has been significant weather impact on the components.
C. Funding Goal. The goal of funding the reserve is to attain and maintain the reserves at or
near a percentage that is reasonable for the proper operation of the Association in the
determination of the Board.
D. Sources of Funding. Funding shall occur as deemed appropriate and necessary by the Board.
The funding of the reserves shall be accomplished by either or both of the following:
a. Pursuant to the Declaration, the Owners may be required to deposit and maintain
continuously with the Association an amount certain; or
b. Special Assessment.
E. 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.

X. Policies and Procedures for Claims Submissions to Association’s Insurer

An Owner may file a claim against the policy of the Association only if the following conditions are
met:
1. If the subject matter of the claim falls within the Association’s insurance responsibilities as
defined in the Association’s Declaration; and
2. The Owner has contacted the Board of Directors or its Manager, in accordance with the
provisions of this Policy, in writing, regarding the subject matter of the claim and defining
the cause, nature and extent of the claim; and
3. The Owner has given the Association at least fifteen (15) days to respond in writing and, if
requested, has given the Association a reasonable opportunity to inspect any damage.
4. If the Association does not respond to the notice within such time period, notifying the
Owner that it will pay the claim, the Owner may file his or her claim with the Association’s
insurer, if the subject matter of the claim is insured on behalf of the Association.

XI. Miscellaneous

A. Failure by the Association, the Board or any person to enforce any provision of these Policies
and Procedures shall in no event be deemed to be a waiver of the right to do so thereafter.
B. The provisions of these Policies and Procedures shall be deemed to be independent and
several, and the invalidity of anyone or more of the provisions hereof, or any portion thereof, by
judgment or decree of any court of competent jurisdiction, shall in no way affect the validity or
enforceability of the remaining provisions, which provisions shall remain in full force and effect.
C. Unless the context provides or requires to the contrary, the use of the singular herein shall
include the plural, the use of the plural shall include the singular and the use of any gender shall include
all genders.
D. The captions to the sections are inserted herein only as a matter of convenience and for
reference, and are in no way to be construed so as to define, limit or otherwise describe the scope of
these policies and procedures or the intent of any provision hereof.
MET MOUNTAIN HOMEOWNERS ASSOCIATION
By: ________________________________
Chris Smith, President
Attestation by Secretary
These policies and procedures were adopted by the Board on the 1st day of November, 2016, effective
immediately and such vote is attested to by the Secretary of Met Mountain Homeowners Association.
____________________________________
___________________________, Secretary

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