Role of the Board

Board authority: The Board is the ultimate authority in the MHA

The following information was affirmed by the MHA attorney, Jessica Miller, on 9/3/15, 2/11/16.

A.    The MHA is a representative democracy, similar to US Congress

1.    Residents elect Board members, and the Board makes decisions that represent the interests and desires of residents.

2.    Residents don’t directly vote to create MHA policy or procedures, to approve MHA action, or to approve contracts, among other things.

3.    The MHA is distinct from its members, in the eyes of the law. If the MHA is sued, the MHA is being sued, not the residents as a group. If the suit is successful and the MHA must pay damages, the MHA as an entity pays, not residents as a group or as individuals.

4.    The MHA is governed primarily by the Colorado Nonprofit Act and the Colorado Mobile Home Park Act. The MHA Articles of Incorporation determine which provisions of those acts apply to the MHA. The MHA Bylaws are subservient to these. These three are the the prime governing documents of the MHA.

5.    Because the MHA has no Declaration and due to lease term length, Colorado Title 38, known as the Colorado Common Interest Ownership Act, does not apply to the MHA. Jessica Miller, 4/13/2015.

6.    Policies and prodecures are created by the Board, and fill in the blanks about how the Park is run.

7.    Board eligibility. Under the current Bylaws, in order to quality to be on the MHA Board, residents only need to be residents and owners, under common definition of those terms. Definitions under other MHA documents, such as Master Land Lease, are irrelevant to this issue, because only the Bylaws govern Board eligibility.

B.    The Board:

1.    Is the final decider of all MHA policy, action, and procedure. The Board manages the affairs of the MHA. The Board makes most of the decisions about how the Park is run.

2.    Is the legal representative of the MHA in the eyes of the law.

3.    Creates and oversees the operation of committees.

4.    Hires and fires contractors, and has responsibility for their performance.

5.    Is legally responsible for the actions of the MHA, and contractors who act on behalf of the MHA. In a lawsuit, the Board is sued, not residents. The Board’s Directors and Officers insurance policy covers the payment of legal claims against the Board, due to Board action, not resident action.

6.    Can modify the Rules and Regulations without resident input. Amended Rules and Regulations apply to all residents, whether or not they have signed the current copy.

C.    Residents

1.    Control the Board through electing and removing Board members.

2.    Can’t make binding motions from the floor of meetings; this usurps the Board’s ability to make decisions.

3.    Can’t form committees without Board approval and oversight.

4.    Must approve Bylaws changes, and have authority relating to membership suspension/termination.