DOCUMENTS
ARTICLES
OF INCORPORATION
FOR
PERRY PARK EAST HOMEOWNERS ASSOCIATION, INC.
(A Nonprofit Corporation)
The undersigned, hereby signs and acknowledges, for delivery in duplicate
to the Secretary of State of Colorado, these Articles of Incorporation
for the purpose of forming a nonprofit corporation under the Colorado
Nonprofit Corporation Act.
ARTICLE
1 – Name
The name of the corporation is PERRY PARK EAST HOMEOWNERS ASSOCIATION,
INC. ("Association").
ARTICLE 2 – Duration
The duration of the Association shall be perpetual.
ARTICLE 3 – Nonprofit
The Association shall be a nonprofit corporation, without shares of
stock.
ARTICLE 4 – Purposes and Powers of Association
The purposes for which the Association if formed are as follows:
(a) To operate the Common Interest Community known as "Perry
Park East, Fillings 1 and 2”, located in Douglas County, Colorado,
for the purposes of enhancing and preserving the value of the properties
of the members.
(b) To perform the following acts and services, in accordance with
the requirements for an association of Lot Owners charged with the
administration of property under the Colorado Common Interest Ownership
Act, as amended, including, without limiting the generality of the
foregoing statement:
(i) To enforce any and all covenants, restrictions and agreements
applicable to the Common Interest Community; and, insofar as permitted
by law, to do any other thing that, in the opinion of the Board, will
promote the common benefit and enjoyment of the occupants, residents
and Lot Owners of the Common Interest Community.
(ii) The preparation of estimates and budgets of the costs and expenses
of rendering any services as deemed appropriate by the Board, and
the performance, or contracting or entering into agreements for this
performance, as provided for in or contemplated in this Article; the
apportionment of these estimated costs and expenses among the Lot
Owners: and the collection of these costs and expenses from the Lot
Owners who assume or bear the same.
(iii) Enforcing on behalf of the Lot Owner, rules and regulations
made or promulgated by the Board with respect to the safe occupancy,
reasonable use and enjoyment of the Lots, buildings, structures, grounds
and facilities of the Common Interest Community, and to enforce compliance
with these rules.
(iv) Performing , or causing to be performed, all other and additional
services and acts as are usually performed by an association of owners,
or as deemed appropriate by the Board, including, without limitation,
keeping or causing to be kept, appropriate books and records, preparing
and filing necessary reports and returns, and making or causing to
be made audits of books and accounts.
(c) To retain counsel, auditors, accountants, appraisers and other
persons or services that may be necessary for or incidental to any
of the activities of the Association.
(d) To do and perform, or cause to be performed, all other necessary
acts and services suitable or incidental to any of the foregoing purposes
and objects to the fullest extent permitted by law.
(e) To promote the health, safety, welfare and common benefit of the
residents and occupants of the Common Interest Community.
(f) To eliminate or limit the personal liability of a Director to
the Association or to the members for monetary damages for breach
of fiduciary duty as a Director, as allowed by law.
(g) To do any and all permitted acts, and to have and to exercise
any and all powers, rights and privileges which are granted to a Common
Interest Community Association under the Colorado Common Interest
Ownership Act, the Declaration, the Bylaws, and the laws applicable
to a nonprofit corporation of the State of Colorado.
(h) To participate in mergers and consolidations with other nonprofit
corporations organized for the same general purposes of the Association,
subject to the written assent of two-thirds of the members of the
Association.
The foregoing statements of purpose shall be construed as a statement
of both purposes and powers. The purposes and powers stated in each
clause shall not be limited or restricted by reference to or inference
from the terms or provisions of any other clause, but shall be broadly
construed as independent purposes and powers. The Association shall
not, except to an insubstantial degree, engage in any activities or
exercise any powers that are not in furtherance of the primary purposes
of the Association.
ARTICLE 5 – Membership Rights and Qualifications
The classes, rights and qualifications and the manner of election
or appointment of member are as follows: Any person who holds record
title to a Lot in the Common Interest Community shall be a member
of the Association. There shall be one membership for each Lot owned
within the Common Interest Community. This membership shall be automatically
transferred upon the conveyance of that Lot. The vote to which each
membership is entitled is one vote per lot. If a Lot is owned by more
than one person, those persons shall agree among themselves how a
vote far that Lot's membership is to be cast. Individual co-owners
may not cast fractional votes. A vote by a co-owner for the entire
Lot's membership interest shall be deemed to be pursuant to a valid
proxy, unless another co-owner of the same Lot objects at the time
the vote is cast, in which case such membership’s vote shall
not be counted.
ARTICLE 6 – Agent for Service
The initial registered agent of the Association shall be Beth Alseike,
at the registered address of 8066 Eagle Road, Larkspur, Colorado 80118.
ARTICLE 7 – Executive Board
The initial Executive Board shall consist of three persons, and this
number may be changed by a duly adopted amendment to the Bylaws, except
that in no event may the number of Directors be less than three. The
names and addresses of the persons who shall serve as Directors and
their initial Classification until their successors shall be elected
and qualified are as follows:
Director
Beth Alseike
8066 Eagle Road
Larkspur, Colorado 80118
Susannah Howell
7983 Eagle Road
Larkspur, Colorado 80118
Patricia Lefebvre
1439 Silverheels Drive
Larkspur, Colorado 80118
ARTICLE 8 – Incorporator
The name and address of the incorporator is as follows:
Barbara K. Purvis
Orten & Hindman, P.C.
1125 17th Street, Suite 2310
Denver, Colorado 80202
ARTICLE 9 – Amendment
Amendment of these Articles shall require the assent of at least two-thirds
of the votes in the Association at a meeting of the members at which
a quorum is present, (two-thirds of a quorum of the members).
Article 10 – Dissolution
In the event of the dissolution of the Association as a corporation,
either voluntarily or involuntarily by the members hereof, by operation
of law or otherwise, then the assets of the Association shall be deemed
to be owned by the members at the date of dissolution, as a part of
their Lot, in proportion to their allocated contribution, unless otherwise
agreed or provided by law.
Article 11 – Interpretation
Express reference is hereby made to the terms and provisions of the
Declaration, which shall be referred to when necessary to interpret,
construe or clarify the provisions of these Articles. In the event
of conflict, the terms of the Declaration shall control over these
Articles of Incorporation.
In witness whereof, the undersigned has signed these Articles in duplicate
this 24 day of March, 1993.
Signed by Barbara K. Purvis
.