Official Ballot Questions
The items below will appear on the OFFICIAL 2024 homeowner ballot which will be distributed after the November 6, 2024 Board Meeting. Please click here if you would like to request an issue to be added to the ballot.
The OFFICIAL ballot will also be the mechanism for voting on the 2025 Board of Directors. Please click here to submit a nomination for 2025 Board of Directors. Nominations are due by November 5, 2024 so that all candidate have the opportunity to introduce themselves at the November 6, 2024 Board Meeting.
Question #1: Board of Directors
Context:
Pursuant to Section 3.2(c) of the Bylaws, “…the number of Directors shall be five (5), and all directors shall be elected.”
Pursuant to Section 3.2(b) of the Bylaws, “…Elected Members of the Board shall be Owners within Maple Hill.”
Pursuant to Section 5.2 of the Bylaws, “Each Officer shall hold office until his or her successor is elected and shall qualify…”
Candidates (TBD):
Click here to submit a nomination for 2025 Board of Directors.
Question #2: Proposal to Amend Bylaw Section 11.1 - Amendments to Bylaws
Context:
There are 634 lots in Maple Hill.
Any amendments to the association’s Bylaws currently require 476 (75%) approval votes.
This proposal is to reduce the requirement amend the association’s Bylaws to 324 (51%) approval votes.
Voters will have the following options:
Yes - I approve
No - I Reject
For the amendment to pass, at least 476 lots will need to vote “Yes - I Approve”
If there are not at least 476 approval votes, then the amendment is rejected and we continue to need 476 (75%) approval votes to amend the association’s Bylaws.
Bylaw Section 11.1 - As Written Currently:
Amendments to these Bylaws may be adopted at a regular or special meeting of the members of the Association upon receiving the vote of Members representing seventy-five percent (75%) of the total voting power of the Association and who are entitled to vote thereon; provided, however, that no amendments shall be adopted which would render these Bylaws inconsistent with the Declaration.
Bylaw Section 11.1 - Proposed Amendment:
Amendments to these Bylaws may be adopted at a regular or special meeting of the members of the Association upon receiving the vote of Members representing fifty-one percent (51%) of the total voting power of the Association and who are entitled to vote thereon; provided, however, that no amendments shall be adopted which would render these Bylaws inconsistent with the Declaration.
Pros of Proposed Amendment:
Historically it has been very difficult to achieve the required number of votes to amend the Bylaws for Maple Hill. This proposal would still require a majority approval for Bylaw amendments but would lessen the burden of requiring a much higher percentage of approval votes.
Cons of Proposed Amendment:
By reducing the required approval votes to amend the Bylaws, less agreement is required across the homeowners.
Question #3: Proposal to Amend Bylaw Section 11.2 - Amendments to Covenants
Context:
There are 634 lots in Maple Hill.
Any amendments to the association’s Covenants currently require 425 (67%) approval votes.
This proposal is to reduce the requirement amend the association’s Covenants to 324 (51%) approval votes.
Voters will have the following options:
Yes - I approve
No - I Reject
For the amendment to pass, at least 425 lots will need to vote “Yes - I Approve”
If there are not at least 425 approval votes, then the amendment is rejected and we continue to need 425 (67%) approval votes to amend the association’s Covenants.
Bylaw Section 11.2 - As Written Currently:
Except as otherwise provided in the Declaration, any provision or restriction contained in the Declaration may be amended or repealed at anytime and from time to time upon approval of the amendment or repeal by members of the Association holding at least sixty-seven percent (67%) of the voting power of the Association, as more specifically provided by the Declaration. The amendment or repeal shall be effective upon the Recordation in the office of the Clerk and Recorder of the County of Larimer, State of Colorado, of a certificate, executed by the President or a Vice President and the Secretary or an Assistant Secretary of the Association setting forth the amendment or repeal in full and certifying that the amendment or repeal has been approved by the Members as herein provided.
Bylaw Section 11.2 - Proposed Amendment:
Except as otherwise provided in the Declaration, any provision or restriction contained in the Declaration may be amended or repealed at anytime and from time to time upon approval of the amendment or repeal by members of the Association holding at least fifty-one percent (51%) of the voting power of the Association, as more specifically provided by the Declaration. The amendment or repeal shall be effective upon the Recordation in the office of the Clerk and Recorder of the County of Larimer, State of Colorado, of a certificate, executed by the President or a Vice President and the Secretary or an Assistant Secretary of the Association setting forth the amendment or repeal in full and certifying that the amendment or repeal has been approved by the Members as herein provided.
Pros of Proposed Amendment:
Historically it has been very difficult to achieve the required number of votes to amend the Covenants for Maple Hill. This proposal would still require a majority approval for Covenant amendments but would lessen the burden of requiring a much higher percentage of approval votes.
Cons of Proposed Amendment:
By reducing the required approval votes to amend the Covenants, less agreement is required across the homeowners.
Question #4: Proposal to Add Bylaw Section 14.6: Drones allowed ONLY with stipulations in Maple Hill
Context:
This proposal is to add the following language: Section 14.6: Drones allowed ONLY with stipulations in Maple Hill. Any person or entity, other than emergency service agencies, must notify the Board of Directors and the Management Company at least 14 calendar days in advance of the proposed flight. This notification must included the proposed date & time, the intended purpose, the name & contact information of the drone pilot, contact information for the requestor of the drone flight, and any other information requested by the Board of Directors and/or the Management Company. The requestor must receive written consent from the Board of Directors or the Management Company prior to commencing the drone flight. Examples of possible drone flight requestor include: real estate listing photos, land surveying, etc. If the drone flight is approved, the Board of Directors or the Management Company must notify the residents at least 7 days prior to the proposed flight date. Notifications can be via mail, email, SMS, posting on the website, or any other form of communication. The Board of Directors or the Management Company reserve the right to decline any drone flight request for any reason.
Voters will have the following options:
Yes - I approve
No - I Reject
For the amendment to pass, at least 476 lots will need to vote “Yes - I Approve”
If there are not at least 476 approval votes, then the amendment is rejected and we continue to need 476 (75%) approval votes to amend the association’s Bylaws.
Pros of Proposed Amendment:
Any person or entity, other than emergency service agencies, must notify the management company in advance of date/time/intended purpose of drone flights.
Cons of Proposed Amendment:
Random drone flights are an intrusion into everyone's personal privacy and should not be permitted.
Question #5: Proposal to Amend Bylaw Section 4.12: Audited Financial Statements
Context:
As written, the Bylaws require that the Association’s financial statements are to be audited each year.
NOTE: To the knowledge of the current Board, an independent audit has never been performed for the Maple Hill Master Association. However, to be in compliance with the Bylaws as currently written, the 2024 financial statements will be audited by an independent certified public accountant.
This proposal is to reduce the frequency of required financial audits.
Voters will have the following options:
Yes - I approve
No - I Reject
For the amendment to pass, at least 476 lots will need to vote “Yes - I Approve”
If there are not at least 476 approval votes, then the amendment is rejected and we will continue to pay for independent audits every single year.
Bylaw Section 4.12 - As Written Currently:
The Board shall provide for an annual accounting of Association funds and an audited financial statement to be prepared and presented to the Association within one hundred twenty (120) days of the Association's fiscal year-end (provided the Association has been established for a full fiscal year). Copies of the accounting report and audit shall be made available to any Owner or any holder, insurer or guarantor of any first mortgage on any Lot within Maple Hill on submission of a written request for the same and upon the payment by such party of the reasonable cost of copying the same.
Bylaw Section 4.12 - Proposed Amendment:
Once every three (3) years, the Board shall provide for an annual accounting of Association funds and an audited financial statement to be prepared and presented to the Association within one hundred twenty (120) days of the Association's fiscal year-end (provided the Association has been established for a full fiscal year). Copies of the accounting report and audit shall be made available to any Owner or any holder, insurer or guarantor of any first mortgage on any Lot within Maple Hill on submission of a written request for the same and upon the payment by such party of the reasonable cost of copying the same.
Pros of Proposed Amendment:
An independent financial audit costs approximately $6,000 as of 2024. This proposal would save the Association approximately $12,000 over three years.
To provide a comprehensive view of the financial state of the Association, financial audits could possibly coincide with the updated Reserve Study - as the current Reserve Study Policy requires an updated study every 3-5 years.
Cons of Proposed Amendment:
Even though an independent audit has never been performed to the best of the current knowledge, spreading out future audits may cause risk for fraud that could potentially be caught sooner if audits are performed yearly.
Question #6: Proposal to Amend Bylaw Section 3.3(a): Annual Meetings and Special Meetings
Context:
As written, the Bylaws require that the Association’s Annual Members’ meeting is to be held in December
This proposal is to change the required month for the Annual Members’ meeting.
Voters will have the following options:
Yes - I approve
No - I Reject
For the amendment to pass, at least 476 lots will need to vote “Yes - I Approve”
If there are not at least 476 approval votes, then the amendment is rejected and we continue to hold the Annual Members’ meeting in December of each year.
Bylaw Section 3.3(a) - As Written Currently:
Annual meetings of the Members shall be held in December of each year beginning in December of 2005, on such day in December and at such time of day as is fixed by the Board of Directors of The Association and specified in the notice of meeting. The annual meeting shall be held to elect Directors of the Association and to transact such other business as may properly come before the meeting.
Bylaw Section 3.3(a) - Proposed Amendment:
Annual meetings of the Members shall be held in either July or August of each year beginning in December of 2025, on such day in December and at such time of day as is fixed by the Board of Directors of The Association and specified in the notice of meeting. The annual meeting shall be held to elect Directors of the Association and to transact such other business as may properly come before the meeting.
Pros of Proposed Amendment:
Moving the Annual Member’s meeting to the summer will encourage more homeowner attendance.
Allowing the Annual Member’s meeting to be scheduled over a 62 day time frame provides more flexibility to find a date for maximum possible homeowner attendance.
Electing the Board of Directors in the middle of the year, instead of during the holiday season, is better for knowledge transfer from previous Board Members.
Since most of the Association’s contracts renew at the end of the calendar year, electing new Board Members in the middle of the calendar year give them the opportunity to negotiate the contracts as they see fit instead of ending up with contracts that were negotiated by a previous Board.
Electing new Board Members in the middle of the calendar year allows them to determine the next year’s budget instead of ending up with a budget that was set by a previous Board.
Cons of Proposed Amendment:
The first year of implementation will mean that the impacted Board will only serve for half of a year before the next vote.
Question #7: Proposal to Amend Bylaw Section 4.1: Number, Qualifications, and Term
Context:
As written, the Bylaws only require that the Board of Directors are lot owners in Maple Hill
This proposal is add qualification requirements to server on the Board of Directors
Voters will have the following options:
Yes - I approve
No - I Reject
For the amendment to pass, at least 476 lots will need to vote “Yes - I Approve”
If there are not at least 476 approval votes, then the amendment is rejected and we continue to only require that those serving on the Board of Directors are lot owners in Maple Hill.
Bylaw Section 4.1 - As Written Currently:
The number of Directors which shall constitute the whole Board shall be as set forth in Section 3.2, of these Bylaws. All elected· Directors shall be Owners, an Officer, or Manager of an Owner (limited liability company or partnership, respectively), if the Owner shall be a corporation, and any such Director who ceases to be an Owner shall automatically be deemed to have resigned. At the expiration of the initial term of office of each such respective Director, a successor shall be elected to serve a term of one (1) year. All Directors shall hold office until their successors have been elected and qualify.
Bylaw Section 4.1 - Proposed Amendment:
The number of Directors which shall constitute the whole Board shall be as set forth in Section 3.2, of these Bylaws. All elected· Directors shall be Owners, an Officer, or Manager of an Owner (limited liability company or partnership, respectively), if the Owner shall be a corporation, and any such Director who ceases to be an Owner shall automatically be deemed to have resigned. At the expiration of the initial term of office of each such respective Director, a successor shall be elected to serve a term of one (1) year. All Directors shall hold office until their successors have been elected and qualify. All Directors must meet the following requirements upon taking office: (1) shall not have any open violations, (2) shall be current on dues/assessments, fines, fees, etc., (3) shall not be actively involved in litigation with the association or management company, and (4) shall not be in a familial relationship or be a Maple Hill lot co-owner with any other serving board member.
Pros of Proposed Amendment:
Adding requirements to serve on the Board of Directors could help to ensure that those serving on the Board are doing so in good faith and not trying to take advantage of the system
Cons of Proposed Amendment:
Too many restrictions on the qualifications for Board Members could deter people from serving