Bylaws

MAPLETON HOME ASSOCIATION BYLAWS

Representing the Mapleton Mobile Home Park Residents at 2635 Mapleton Avenue, Boulder Colorado 80304

November 2004  By-Laws of the Mapleton Home Association, Residents and Managers of the Mapleton Park subdivision.

ARTICLE I — NAME

The name of this organization shall be MAPLETON HOME ASSOCIATION, a non-profit 501c3 Corporation, hereinafter referred to as The ASSOCIATION. The Mapleton Home Association is located at The Office 2635 Mapleton Avenue, Boulder, Colorado 80304, website: www.mapetonhomeassoc.org.

ARTICLE II – MISSION STATEMENT

The purpose of The ASSOCIATION is to serve as the representative of the Residents of the permanently affordable, low and moderate income housing development known as Mapleton Mobile Home Park subdivision; in the interest and betterment of our neighborhood;  to ensure residents serve as the oversight management of the Mapleton Park subdivision; to protect the rights, interests, and privileges of  both current and future residents, and to ensure the Park’s continuing affordability while remaining financially self-sustaining.

ARTICLE III — OBJECTIVES

All MHA Committee Members and Officers and all Mapleton LLC representatives shall sign a confidentiality agreement when taking office and before having access to any resident’s individual information   All MHA Committee Members and Officers and all Mapleton LLC representatives shall sign a recusal statement upon taking office or sitting on a committee and before making any decisions or recommendations on behalf of the park and or its residents.

The objectives of The ASSOCIATION are to:

a.   Represent and advance the common interest of all residents in the Mapleton Mobile Home Park subdivision;

b.   Keep all residents informed of issues vital to the neighborhood, by appropriate communication and meetings;

c.   Establish Standing and Ad Hoc committees to investigate and make recommendations to The ASSOCIATION on all matters of neighborhood concern;

d.   Represent the residents in their efforts to manage Mapleton Park subdivision;

e.   Enforce the rules and regulations of the Mapleton Park subdivision as set out in the Mapleton Park subdivision Rules and Regulations and in these By-Laws;

f.    To promote permanently affordable housing for low and moderate income families.

g.   To oversee the management company to ensure proper, effective and financially strong management of the park.

ARTICLE IV — ENACTMENT AND ENFORCEMENT OF THESE BY-LAWS

Section 1. Enactment of these By-Laws:

These By-laws shall be enacted when the Mapleton LLC formally purchases and takes possession of the Mapleton Mobile Home Park from the City of Boulder and they have been approved by the residents as described in these By-laws.

Section 2. Enforcement of these By-Laws:

These By-Laws supersede the interim By-Laws of the Mapleton Home Association enacted and adopted January 1997,  and shall become the permanent By-Laws of The ASSOCIATION, enforced by the Executive Board and the membership.

ARTICLE V– MEMBERSHIP

Section 1. Member. A member is an Owner and Resident in the Mapleton Park subdivision over 18 years of age.

Section 2. Residency Requirements:

(a) All Resident-Owners living within the Mapleton Park subdivision are members.

(b) Each household may be levied a home owners association fee.

Section 3. Membership Privileges:

The privileges of holding office, introducing motions, floor debate and voting shall be limited to members of The ASSOCIATION, who shall be entitled to one (1) vote per unit on each matter submitted to a vote of the membership.

Section 4. Home Owners Association Fee and Dues:

The Mapleton Home Association shall be paid a fee for services from the proceeds of the Park for park operations and fiscal management and for oversight of the management company. The income from these fees and any dues shall be used for the benefit of the residents of the Park.

Residents may be charged yearly dues. The home owners association dues, or any changes thereof shall be proposed by the Executive Board only at a Quarterly Meeting. Notice of change in the home owners association dues must be given to the General Membership three weeks before a Quarterly Meeting. The proposed change must be ratified at the Quarterly Meeting by two-thirds of the member-households present.

Section 5. Suspension of Membership:

The Executive Board of The ASSOCIATION shall have the power to suspend any member for delinquency in annual dues (if any) or violations of the Rules and Regulations as set forth in the Mapleton Park subdivision Rules and Regulations. Suspension entails temporary loss of membership privileges as stated in Article V, Section 3 of these By-laws except for the right to vote. The Executive Board shall then set a date for hearing to determine whether suspension of membership privileges are warranted. Notice of this hearing shall be provided to the suspended member not less than ten (10) days before the hearing.

Section 6. Termination of Membership Privileges:

The privileges of membership are these: the right to hold office and serve on standing committees. The ASSOCIATION may terminate membership privileges on the following grounds:

(a)   the Member fails to pay any charge within ten (10) days after it is due; or

(b)  the Member violates any provision of the Articles of Incorporation, these By-laws, the Mapleton Park subdivision Rules and  Regulations, the Covenants and Declarations or any decision of the MHA Executive Board.

In its sole discretion, the MHA Board itself may make the decision with respect to termination or it may delegate to the general membership the authority to make that decision. In either event, the Board must give the Member at least ten (10) days notice in advance of the Board or membership meeting, as applicable, at which the termination is considered, and the opportunity to be heard in person or by counsel at the meeting. The notice shall state specifically the basis for the termination, any action which may cure the violation and the time period for curing, which time period must expire before the date of the meeting. At the meeting, if the Board or membership, as applicable, determines that grounds for termination have been established, The ASSOCIATION shall pass a resolution declaring that Member’s membership to be terminated as of a specific date;

the resolution may include specific conditions for reinstatement of the membership privileges. If additional termination proceedings are warranted, the issue will be sent to the Management Committee.

Section 7. Death of a Member:

If a Member dies the membership passes by will or act of law to (a) a person who has lived for a year in the Home represented by that membership, or to a son, daughter or spouse, the membership passes to that person; or (b) a person not occupying the Home, the membership ends, unless that person meets the MHA membership requirements.

ARTICLE VI– GOVERNANCE

Section 1.   Rules and Regulations:

Members may petition the Management Committee for changes or additions to the Rules and Regulations. The Management Committee recommends changes to the Rules and Regulations to the MHA Board. The Board may approve Rules regulating the conduct of the residents and the manner in which property is managed and maintained.   Rules may be changed by vote of the majority of the Board with a 60-day notice to the membership. A Rule passed under this section may not be enforced against a resident who has not had notice of the Rule. The mailing of such a change shall constitute notice. The Management Committee may assess fines or non-monetary penalties, including termination or eviction, against any resident for violation of these By-laws or the Rules and Regulations. Any fines assessed but not paid may become a lien on the member’s Home and may be grounds for eviction. All the Rules and Regulations are enforced by the management company which manages the park for the MHA.

ARTICLE VII– MEETINGS

Section 1. Place of Meetings:

Meetings of the membership are held in the Mapleton Park subdivision or at another suitable place convenient to the membership and designated by the Board.

Section 2. Meetings of the General Membership:

Meetings of the general membership of The ASSOCIATION shall be held Quarterly, in Spring, Summer, Fall, and Winter, with elections of officers held biennially in Spring in pursuant to Article VIII, Section 3, of these By-laws.

Section 3. Meetings of the Board of Executives:

Meetings of the Board of Executives shall be held monthly, additional meetings may be called by any member of the Board. Notice of the Board meetings shall be given at least three days prior to such meeting. Minutes of the Executive Board Meetings will be posted on the Park Bulletin Board for the General Membership.  The Vice President shall serve as Parliamentarian at all Executive Board Meetings and shall be responsible, with the President, for the agenda at all Executive Board Meetings. The regular monthly meeting will include committee members and chairs, representatives of the Management Company and the Mapleton LLC.

Section 4. Special Meetings of the General Membership:

Special Meetings may be called by the Executive Board or by a petition signed by at least a majority of the Members. Notice of a Special Meeting either called by the Board or by petition must be given to the general membership in writing thirty (30) days prior to the special meeting. The notice of any Special Meeting must state the time, place and purpose of the meeting and voting information, if a vote is required. No vote binding upon The ASSOCIATION may be taken at a Special Meeting unless it relates to the announced purpose of the meeting.

Section 5. Notice of Meetings:

The Secretary must post in the common areas of the Mapleton Park subdivision, where everyone can see it, a notice of each Quarterly Meeting or Special Meeting stating the purpose, time and place of the meeting. The Secretary or other Board member must also deliver a notice to each Member of record at least seven (7) days prior to such a meeting. Such notice can be by US mail, flyer or in person.

Section 6. Transacting Business at a Quarterly Meeting:

A Quorum shall be necessary for the transaction of The ASSOCIATION business. A quorum shall consist of those members present at a meeting, notice of which was given no less than seven (7) days prior to the meeting.

Section 7. Voting:

a. Members of The ASSOCIATION present at any meeting shall be entitled to one (1) vote per Unit on each matter submitted to a vote of the membership.

b. An affirmative vote of more than fifty percent (50%) of the members constituting a quorum shall be binding on The ASSOCIATION.

c. Written and signed absentee ballots on pre-published agenda items will be accepted. Only 1 proxy per voter will be allowed.

Section 8. Parliamentary Authority:

The Vice President shall act as Parliamentarian for the ASOCIATION. When not inconsistent with these Bylaws, Robert’s Rules of Order Newly Revised shall be the parliamentary authority for all matters of procedure. These rules may be suspended at any meeting by a majority vote.

ARTICLE VIII– EXECUTIVE BOARD AND OFFICERS

Section 1. Number and Qualifications:

The affairs of The ASSOCIATION are governed by an Executive Board (Board) composed of natural persons, all of whom are members of The ASSOCIATION. No more than one person from a single Unit may be an Officer. The number of Executive Officers is no more than seven (7).

Section 2. Powers and Duties:

The Board has all the powers and duties necessary for the administration of the affairs of The ASSOCIATION within the laws of the United States, the state of Colorado, and these By-Laws. The Board shall have the right and ability to hire staff as needed.

Section 3. Election of the Executive Board:

The Executive Board members shall be elected for two-year terms by the general membership. Only one (1) member of a unit shall serve on the Executive Board at any one time. No Board Members shall serve more than two (2) successive terms. To maintain continuity from one year to the next, election to the Offices of President and Secretary and Site (if needed) shall be held in odd-numbered years; and election to the offices of Vice President, Treasurer, and Chairperson of the Management Committee shall be held in even-numbered years.

Section 4. Nominations for Board Officers:

Nominations for Board members shall be open to all members of the MHA who are in good standing and 18 years or older. All nominations will be presented in the notices of the Spring Quarterly meeting, but additional nominations will be accepted from the floor.

Section 5. Officers of The Association:

The officers of The ASSOCIATION shall be a President, Vice-President, Secretary, Treasurer, and Chairperson of the Management Committee and Chairperson of the Site Committee, if applicable.   These four-five (4-5) officers shall comprise the Executive Board. Additional officers may be added by a two-thirds vote of the Board.

Section 6. Duties of the Officers:

a.   The President shall preside at all meetings of the Executive Board of The ASSOCIATION and shall be the general coordinator of The ASSOCIATION and may cosign all checks drawn on THE ASSOCIATION.

b.   The Vice-President shall fulfill the duties of the President in the President’s absence, and shall serve as parliamentarian of The ASSOCIATION.

c.   The Secretary shall be responsible for keeping an accurate record of all business of The ASSOCIATION and for all outside correspondence of The ASSOCIATION. He or she shall also be able to co-sign all checks drawn on The ASSOCIATION. The Secretary shall be responsible for all communication within The ASSOCIATION including notice of all regular meetings to the area residents no less than seven (7) days prior to each meeting. This notice shall take the form of a flyer, the content of which shall be consistent with the purposes of The ASSOCIATION as set out in Article II.

d.   The Treasurer shall be responsible for The ASSOCIATION monies, shall keep an accurate record of receipts and expenditures, and shall co-sign all checks drawn on the account(s) of The ASSOCIATION and is the Chair of the Finance Committee. The Finance Committee oversees the management company in the areas of operating and capital reserves of the park, capital budgets and all investments, capital expenses and long-term finances.

e.   The Chairperson of the Management Committee shall over see the committee that ensures the park is managed in a manner consistent with the wishes of the residents; that over sees the management company and the day-to-day operations of the park, participates in the development and approval of budgets, oversees the enforcement of the Rules and Regulations, and facilitates decisions concerning residents. The Chair of the Management Committee is the person responsible for emergency decisions needed by the management company.

f.    Officers of the Board will oversee the selection process for committee membership.

Section 7. Committees:
a.  Management Committee
Management Committee Chair is a member of the MHA Board of Directors and shall be the person responsible for emergency decisions needed by the management company. This committee shall oversee the management company so that the day-to-day operations of the Park are done in a manner that is consistent with the wishes of the residents and is fiscally sound. This committee oversees the enforcement of the Rules and Regulations, including al changes, additions or corrections, the development and approval of the operations budget and facilitates decisions concerning the residents, including grievances.
b.  Finance Committee
The Finance Committee Chair is a member of the Board of Directors and is responsible for maintaining the long-term fiscal soundness of the Park. She or he shall oversee the management company in the areas of operating and capital reserves, capital budgets, investments, capital expenses, long-term finances and the Residents Assistance Fund.

c.  Other Committees

The Board shall create other committees as necessary.

d.  Committee Meetings

Executive board members, committee members and chairs and representative of the Management company and Mapleton LLC will meet together monthly to address the fiscal and operational management of the Park. Committees are free to meet at other times to manage their special business and needs.

Section 8. Resignation or Removal of Officers from Office:

Any officer may resign upon written notice to the Board. Any Officer may be removed from office for cause at any Quarterly or Special Meeting by two-thirds of the members present and voting, providing that notice has been furnished to the membership at least two (2) weeks prior to said meeting. A successor may then and there be elected to fill the vacancy thus created or at any subsequent Quarterly or Special Meeting. Before any Officer may be removed by the Members, he or she must be given an opportunity to be heard at a Meeting.

Section 9. Replacement of Officers:

When necessary, vacant offices may be filled by appointment for the unexpired portion of the term subject to membership ratification at a Quarterly or Special Meeting.

Section 10. Compensation:

No compensation may be paid to Officers for their services as Officers.

Section 11. Meetings: Regular Meetings of the Board shall be held monthly and are held on a schedule established by the Board, additional meetings may be called by any member of the Board. Committee Membership and minutes of the Executive Board Meetings and Management Committee meetings will be posted on the Park Bulletin Board (Kiosk) and in the Wash House for the General Membership. The Vice President shall serve as Parliamentarian at all Executive Board Meetings and shall be responsible, with the President, for the agenda at all Executive Board Meetings.

Section 12. Notice of Meetings: The Board must post a schedule of its regular meetings on the Park Bulletin Board (Kiosk) and in the Wash House so that all Members of The ASSOCIATION have notice of these meetings.

Section 13. Quorum:

The presence of at least a majority of the Executive Officers is required for a quorum for the transaction of business at all meetings of the Board. If the number of Officers at a meeting drops below the quorum during that meeting, business may continue to be transacted.

Section 14. Voting:

At each meeting of the Board, each Officer has the right to cast one vote on each question and never more than one vote. The vote of the majority of those Officers present in person decides any question before the meeting.

Section 15. Hiring Staff:

The Executive Board shall have the right to hire staff as needed.

ARTICLE IX– CONDEMNATION, DESTRUCTION, LIQUIDATION OR TERMINATION

Whenever the state or local government, a political subdivision, or any other corporation, agency or authority having the power of eminent domain seeks to acquire the Mapleton Park subdivision, such authority may conduct negotiations with the Board as representatives of all Members, and the Board may execute and deliver the appropriate conveyance for all agreed consideration. The Board allocates such consideration, whether received through negotiation or condemnation to the repair, replacement or restoration of the Mapleton Park subdivision, to the holder of the underlying mortgage, if any, and if required under the underlying Mortgage; and then to Owners in the Mapleton Park subdivision which parts are the subject of the condemnation, as determined by the Board through a special committee established for such purpose.

The committee shall be structured in such a manner as to provide fair and adequate representation for The ASSOCIATION and those Owners/Members whose homes are sought to be condemned by the authorities. Subject to the foregoing provisions of this Article IX, in any condemnation proceeding, Members shall be entitled to seek and have just damages for the taking of their homes as allowed by law, including severance damage if any. The above procedures, as applicable, apply also to destruction of Mapleton park subdivision and to liquidation and/or termination of The ASSOCIATION.

ARTICLE X– AMENDMENT PROCEDURE

Amendments to the By-laws may be proposed by any member of The ASSOCIATION.

To be enacted amendments must be ratified by at least two-thirds of the membership present at a quarterly meeting and again by two-thirds of the membership present at the following quarterly meeting.

ARTICLE XI– CORPORATE SEAL

The Board must provide a suitable Corporate Seal containing the name of The ASSOCIATION, which Seal is in the charge of the Secretary. If so directed by the Board, a duplicate of the Seal may be kept and used by the Treasurer or any Assistant Secretary or Assistant Treasurer.

ARTICLE XII– FISCAL MANAGEMENT

Section 1. Fiscal Year:

The fiscal year of The ASSOCIATION begins on the first day of October every year. The first date of the fiscal year is subject to change by the Board.

Section 2. Financial Review:

At the close of each fiscal year, the books and records of The ASSOCIATION and the records of the management company as pertaining to the operations and financial condition of the park are financially reviewed by a certified public accountant and a report is issued. In the Board’s reasonable discretion, other forms of annual financial statements, which are less expensive to The ASSOCIATION but reasonably reflect the fiscal condition of The ASSOCIATION, may be done in place of annual audits by a certified public accountant, so long as such alternative financial statements are acceptable to any lenders or governmental regulators (e.g. the Boulder Housing Authority) with applicable agreements with The ASSOCIATION. Based upon these reports, The ASSOCIATION furnishes its Members with an annual financial statement including income and disbursements of The ASSOCIATION.

Section 3. Inspection of Books:

Financial reports required by any mortgagee or by any local or federal government agency, and the membership records of The ASSOCIATION, are available at the principal office of  the ASSOCIATION for inspection at reasonable times by the Members and by their authorized agents or attorneys.

Section 4. Execution of Corporate Documents:

With the prior authorization of the Board, all notes and contracts are signed on behalf of The ASSOCIATION by either the President or the Vice President and attested by the Secretary or an assistant secretary, or as otherwise authorized by the Officers of the Board. All checks are signed on behalf of The ASSOCIATION by the President or the Vice President and by the Secretary or the Treasurer or the Assistant Treasurer, however, checks for less than $400, or such other amount as may be approved by the Officers, may be signed by the Treasurer or Assistant Treasurer alone or by an authorized employee of the management company.

ARTICLE XIII — PROHIBITIONS

The ASSOCIATION shall not endorse any candidates for political office nor shall discussions extend to matters outside the purpose of The ASSOCIATION as set out in Article II.

ARTICLE XIV — SPECIAL PROVISIONS

Section 1. Incorporation.

The MAPLETON HOME ASSOCIATION was incorporated on May 5, 1996 as a Non-Profit Corporation in the State of Colorado.

Section 2. Adoption of By-Laws

The foregoing By-Laws of The MAPLETON HOME ASSOCIATION were adopted by the Executive Board of the MHA by resolution on

Section 3. Ratification of By-Laws.

These By-Laws shall become effective upon approval by two thirds (67%) of the Units present at the two ASSOCIATION quarterly meetings required to ratify these By-Laws.

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