Hunters Point Homeowners Association

The documents available here are electronic reproductions of the legal documents for the Hunters Point Homeowners Association.  Official copies of the signed documents are available from the Secretary of the Hunters Point Homeowners Association.

Jump to:
PL-1: Policy Letters: Rules and Regulations
PL-2: Inspection and Copying of Records
PL-3: HPHOA Annual Assessments, Collection and Establishing
PL-4: HPHOA Surplus Funds
PL-5: Conduct of Meetings
PL-6: HPHOA Election and Voting Policy
PL-7: Conflict of Interest
PL-8: Procedure for approval and denial of architectural and landscaping changes
PL-9: Enforcement of covenants
PL-10: Design Standards Policy Statement for Play Structures, Swing Sets and Recreational Equipment

POLICY LETTER NUMBER: 001
SUBJECT: Policy Letters: Rules and Regulations
REFERENCE: David C. Conley, P.C. Attorney-At-Law letter dated July 21, 2006.

A Board Member meeting was requested with David Conley and conducted on July 21, 2006.  Purpose of the meeting was to gain insight into the impact that Senate Bill 100 (2005) and Senate Bill 89 had on Hunters Point Homeowners Association.  At the meeting Mr. Conley reviewed specific portions of the SB 100 and provided guidance on the Policy Letter method of  incorporating the spirit and intent of the Bill.  The specific sections requiring Policy Letters that were discussed at the meeting are contained in Mr. Conley’s attached letter.

HPHOA policy letters are written courses of action and adopted by the Association that are designed to influence and determine decisions as well as establish or amend HPHOA rules and regulations. They will become guiding principles and procedures linked to covenants and by-laws that articulate the method of operation regarding areas that need clarification and/or compliance with SB 100 and SB 89.   All policies will be drafted by individual Board Members, reviewed and finalized, then voted upon and approved by the Board of Directors. 

Approved by HPHOA Board of Directors on: November 14, 2006

Signed: J. Toniolli, President HPHOA

Attachment:

David C. Conley, P.C. Attorney At Law letter dated July 21, 2006

Policy Letter number: 002
Subject: Inspection and Copying of Records
Reference: HPHOA ByLaws, Article VI, Records and Accounts

The association shall keep as permanent Records minutes of all Board and General Membership meetings to include: 

-         A record of all actions taken by the Board of Directors and/or unit owners by written ballot or written consent in lieu of a meeting,

-         A record of all actions taken by a committee of the Board of Directors on behalf of the association,

-         A record of all waivers of notices of meetings of unit owners and of the Board of Directors or any committee.

All association records shall be maintained in written form or a form that permits conversion into a written form within a reasonable time. 

All financial and other records to include Covenants, Bylaws, Minutes of meetings, written communications, names and addresses of Board Members and committees and Association Directories shall be made reasonably available for examination and copying by any unit owner and such owner’s authorized agent.  The term “Reasonably available” means available during normal business hours, upon notice of five business days or to the extent that:

(a)   The request is made in good faith and for a proper purpose;

(b)   The request describes in reasonable detail the records sought and the purpose of the request and

(c)   The records are relevant to the purpose of the request.

Copies of records will be furnished at the rate of the cost per page to cover reproduction costs.

Approved by HPHOA Board of Directors on: November 14, 2006

Signed: J. Toniolli, President HPHOA

Policy Letter number: 003
Subject: HPHOA Annual Assessments, Collection and Establishing
Reference: HPHOA ByLaws, Article VI, Section 603, Covenants for Assessments

The Board of Directors shall fix the amount of the annual assessment at approximately 30 days prior to the assessment period, but no later than the December Regular Board Meeting.

The Treasurer shall prepare and mail annual dues statements to each lot owner (homeowner) approximately the First of January in the year in which the assessment is due. The assessment will be based on the calendar year.

Remedies for nonpayment of assessment:

Assessment not paid within 30 days of the due date shall bear interest from the due date at a rate of 18% simple interest per annum. The Treasurer shall inform the Board as to the status of delinquent homeowners. A statement with accrued interest will be mailed to the home owner each month the assessment is overdue. The Board will determine when legal action will be required.

Upon demand, a certificate setting forth whether the assessment has been paid will be provided and at a $20 charge. If covenants are required, an additional $10 will be charged.

 Approved by HPHOA Board of Directors on: November 14, 2006

Signed: J. Toniolli, President HPHOA

Policy Letter number: 004
Subject: HPHOA Surplus Funds
Reference: Prudent Man Law

Conservative investments, with the least possibility of loss of principal, should be the primary consideration. Fixed income investments are the vehicle of choice. FDIC insured Certificates of Deposit (CD) is the first choice or AAA/Aaa rated corporate bonds bought at par or at discount may be considered.

It is difficult to accurately predict future interest rates, therefore, rather than to try to time interest rates, invest when the money is available. Keep a minimum amount in the checking account but sufficient to cover projected expenses plus a reasonable reserve. Invest at the best rate available. This usually means buying investments with longer maturities.

Investments should be laddered, that is, buy investments with various maturities, so some investments will mature each year. An approximate target is to ladder investments so that an amount, of approximately 50% of the present HPHOA annual budget, will mature each year. However, when there are known large expenses forecast, a greater amount should be planned for that year.

Approved by HPHOA Board of Directors on: November 14, 2006

Signed: J. Toniolli, President HPHOA

Policy Letter number: 005
Subject: Conduct of Meetings
Reference: HPHOA By-laws Article II Sec 2.1, 2.2, 2.3 and 2.4. Senate Bill 100, Sec 38-33.3-308 and –310.

The annual meeting of the unit owners, as the members of the association, shall be held at least once each year.  The meeting date of December 1 of each year as directed by Article II of the by-laws is amended to May of each year. Special meetings of the unit owners may be called by the president, by a majority of the Executive Board, or by 20% of unit owners in the association. The secretary or other officer specified by the board shall cause a meeting notice to be delivered personally or sent prepaid by mail to the mailing address of each unit or to any other mailing address designated in writing by the unit owner. This notice shall occur not less than 15 nor more than 50 days in advance of any meeting of the unit owners.  The notice of any meeting of the unit owners shall be physically posted in a conspicuous place in addition to any electronic posting or electronic mail notices that may be given.  The notice shall state the time and place of the meeting and the items on the agenda, including the general nature of any proposed amendment to the declaration or bylaws, any budget changes, and any proposal to remove an officer or member of the executive board.

All meetings of the association and Board of Directors are open to every unit owner of the association or to any person designated by a unit owner in writing as the unit owner’s representative.

At an appropriate time determined by the board, but before the board votes on an issue under discussion, unit owners or their designated representatives shall be permitted to speak regarding that issue.  The board may place reasonable time restrictions on persons speaking during the meeting.  If more than one person desires to address and issue and there are opposing views, the board shall provide for a reasonable number of persons to speak on each side of an issue.

Approved by HPHOA Board of Directors on: November 14, 2006

Policy Letter number: 006
Subject: HPHOA Election and Voting Policy
Reference: HPHOA By-laws Article IV Sec 4.5, Sec 4.6. Senate Bill 100, Sec 38-33.3-308 and –310.

The unit owners shall elect the officers at the regular annual meeting.  Votes for contested positions on the Board of Directors shall be taken by secret ballot.  The secret ballots do not apply to written proxy votes given on behalf of the unit owners.  The Board of Directors may remove an officer and my fill a vacancy caused by the resignation or removal of an officer.  An officer shall continue in office after the expiration of his term until his successor is elected or until his removal.

At the discretion of the Board, or upon the request of 20% of the unit owners who are present at the meeting or represented by proxy, a vote on any matter affecting the common interest community on which all unit owners are entitled to vote shall be by secret ballot.

Ballots shall be counted by a neutral third party or by a committee of volunteers.  Such volunteers shall be unit owners who are selected or appointed at an open meeting in a fair manner by the chair of the Board or another person presiding during that portion of the meeting.  The volunteers shall not be board members and, in the case of a contested election for a board position, shall not be candidates.

The results of a vote taken by secret ballot shall be reported without reference to the names, addresses or other identifying features.

Approved by HPHOA Board of Directors on: November 14, 2006

Signed: J. Toniolli, President HPHOA

POLICY LETTER NUMBER: 007
SUBJECT: Conflict of Interest
REFERENCE: HPHOA By-laws, Article X, Section 10.2. and Senate Bill 100 Sec 38-33.3-310.5

It is the policy of the HPHOA that if any contract, decision or other action taken on behalf of the Board of Directors, would financially benefit any member of the Board or any person who is a parent, grandparent, spouse, child, or sibling of any of those persons; that member of the Board must declare a conflict of interest for that issue.  The member shall declare the conflict in an open meeting prior to any discussion or action on that issue.  After making a declaration, the member may participate in the discussion provided no other officer has made known any objection, but shall not vote on that issue.  Any contract entered into in violation of this policy is void and unenforceable.

Approved by HPHOA Board of Directors on: November 14, 2006

Signed: J. Toniolli, President HPHOA

Policy Letter number: 008
Subject: Procedure for approval and denial of architectural and landscaping changes
Reference: Declaration of Conditions, Covenants, Restrictions and Easements for Hunters Point, dated 4/22/1986, and the Hunters Point Design Standards

The developers of Hunters Point established covenants and design standards that govern property improvements or modifications within the Hunters Point development. Their purpose is to protect property values, aesthetics, and to provide assurances that future construction will conform and be harmonious with the existing houses within Hunters Point.

The Board of Directors is responsible for establishing an Architectural Committee (AC) consisting of 3 to 5 members (homeowners) of the association. The approval of that committee is required before construction, alteration, or installation has started on any item that effect the exterior appearance, material, color, height, and location of each structure, drive, walk, fence, grading of a site, landscaping and plant material.

The approval process starts with the submission of the Hunters Point Architectural Committee Improvement Application form. In addition, a Roofing Material Requirements form is required for work involving a roof. These forms are located in the front of the Hunters Point Directory, and are attached herein. These forms should be filled out completely, with any required plans, drawings, or paint color samples attached, and submitted to the AC. The AC will review the application and respond, in writing, within 30 days with either an approval or denial of the request. A site visit may be required by the AC to gather information. If the homeowner disagrees with the decision of the AC, the homeowner may request the Board of Directors review the decision.

After an application is approved, the construction must be started within one year of the application; or the project will need to be re-submitted for approval.

Approved by HPHOA Board of Directors on: November 14, 2006

Signed: J. Toniolli, President HPHOA

Policy Letter number: 009
Subject: Enforcement of covenants
Reference: Declaration of Conditions, Covenants, Restrictions and Easements for Hunters Point, dated 4/22/1986

The developers of Hunters Point established covenants that govern property use within the Hunters Point development. These covenants are legally binding on all lot owners and residents within Hunters Point. The covenants are a legally registered document available from the County Clerk’s office. It is each homeowner’s responsibility to obtain a copy of the covenants when they purchase a home in Hunters Point, normally from the seller. A homeowner may also obtain a copy of the covenants from the Hunters Point Homeowners Association for a minimal fee.

It is the responsibility of the Hunters Point Board of Directors to enforce these covenants. The Board position of Architectural Control / Covenants (ACC) is responsible for  covenant enforcement. When a covenant violation is reported or observed, the Covenant Enforcement Officer or another member of the board will make personal contact with the transgressing homeowner to investigate the alleged violation. If a violation exists, the homeowner will be given a date by which it must be corrected. A memo for record will be retained for future action if required. If the violation is corrected by agreed date, no further action will be taken.  All memos for Record will be retained by the Chairman of ACC.

If a homeowner is unable to correct a violation by the deadline, they must notify the Board member who first contacted them to request an extension. A second memo for record will be retained by the Chairman of ACC for future reference as required.  If the violation is not corrected before the deadline or extension, a formal notification letter to the homeowner that the matter will be turned over to the Association’s attorney for legal action will be sent to the violating homeowner.  The notification letter will be sent by the Chairman of ACC and contain two dates, first, the  date that the matter will be turned over to legal counsel, and the second, an option date for the homeowner to contact the ACC to resolve the matter thereby avoiding legal action.  This will result in significant legal costs. As stated in the covenants, the offending homeowner will be required to pay for all legal costs incurred by the Association to correct the violation. In the case of severe or repeat violations, the Association may proceed directly to legal action without first contacting the homeowner about the violation.

Approved by HPHOA Board of Directors on: November 14, 2006

Signed: J. Toniolli, President HPHOA

Policy Letter number: 010
Subject: Design Standards Policy Statement for Play Structures, Swing Sets and Recreational Equipment
Reference: ,Declaration of Conditions, Covenants, Restrictions and Easements for Hunters Point, dated 4/22/1986, and the Hunters Point Design Standards

The developers of Hunters Point established covenants and design standards that govern property improvements or modifications within the Hunters Point development. Their purpose is to protect property values, aesthetics, and to provide assurances that future construction will conform and be harmonious with the existing houses within Hunter’s Point.

The Board of Directors is responsible for establishing an Architectural Committee (AC) consisting of members (homeowners) of the association. The approval of that committee is required before construction, alteration, or installation has started on any item that effect the exterior appearance, material, color, height, and location of each structure, drive, walk, fence, grading of a site, landscaping and plant material.

The Declaration of Conditions, Covenants, Restrictions and Easements for Hunters Point in Article VII Section 701 (s) defines a Structure as “any thing or device other than trees and landscaping the placement of which upon any building site might affect its architectural appearance, including by way of illustration and not limitation, any dwelling, building, garage, porch, shed, greenhouse, driveway, walk, patio, swimming pool, tennis court, fence, wall, tent, covering or outdoor lighting.” The AC and Board of Directors further interpret that play structures, swing sets and recreational equipment are to be applied to this definition of a structure.

Hunters Point strives to maintain a natural, open environment featuring spectacular panoramic vistas of the city and the beautiful Rampart Range. Accordingly, the Hunters Point Design Standards discourages screening in the form of fences and formal plantings. Free standing structures, including play structures, swing sets and permanently installed recreational equipment, may be detrimental to views in the surrounding neighborhood and are considered generally not harmonious to the surrounding natural environment. An application for the installation of recreational equipment may be submitted to the AC, but applicants should be advised that all previous requests for the installation of play structures have been denied.

Hunters Point is a family oriented community. The Hunters Point common area provides recreational equipment, including a play structure, for the use and enjoyment of the residents.

Legal Basis: Authority for design review is grounded in the governing document for this community, the "Declaration of Covenants, Conditions and Restrictions."

The Board of Directors of the Hunters Point Homeowners Association adopted the Design Standards for Hunters Point as the basis for all design review. ARTICLE II Section 205 of the Design Standards allows the Association's Board of Directors, from time to time, to adopt Design Standards further defining the architectural and development criteria for Hunters Point, the approval processes, and other related matters. All Improvements in Hunters Point must comply with these Design Standards.

Approved by HPHOA Board of Directors on: October 14, 2010

Signed: F. Bluestein, President HPHOA