Governing Documents

There are several primary documents that are normally called “the governing documents”. These are the basis of the governance of our homeowners association.

  1. The Declaration of Covenants, Conditions and Restrictions
    The full The Declaration of Covenants, Conditions and Restrictions     is a 41 page document. If you are primarily interested in the sections that have to do with housekeeping, property upkeep, and compliance, there is a five page extract that quotes these provisions in a more compact and convenient format.
  2. The Bylaws
  3. The Articles of Incorporation & Amended Articles of Incorporation
  4. The Policies and Procedures
  5. Amendments & Supplements
    2005 Declaration amendment – The effect of the amendment is to remove the following phrase from Section 2 of the original Article XII:” any amendment must have the written approval of ninety (90%) per cent of the First Mortgagees “. This is the only effective change made by the 2005 amendment.
    There have been a number of other amendments and supplements to the original Declaration that are not posted here. An effort will be made in the future to either copy, summarize or list these documents.
  6. Insurance Documents
    1. Insurance Main
    2. Insurance Umbrella
    3. Certificate of Liability Insurance

Colorado Statutory Requirements & Information

Public Disclosures required by Colorado statute (38-33.3-209.4)

Responsible Governance Policies required by Colorado statute (38-33.3-209.5)

Disclosure required by Colorado statute (38-38.7-102) upon sale of residential property located in a common interest community (HOA).

Colorado Senate Bill 05-100 & 06-089

Governing Doc FAQs

Governance (Board)
Dutch Creek Village Homeowners & Recreational Association is governed by a board of seven directors. Directors are elected by the membership for staggered three year terms Two directors are elected every year with a third one elected every third year. Elections are held at the annual Member Meeting.

Governance (Officers)
Officers of the association are elected by the Board of Directors for one year terms at the first meeting of the board following the members meeting. (See Article IX of the Bylaws). Officers are usually elected from among members of the board.

Governance (Authority)
Article VIII of the Bylaws delegates to the Board of Directors “all powers, duties, and authority” … not otherwise reserved to the membership by any of the governing documents. A search of the governing documents reveals five areas of responsibility reserved to the membership:
1. Election/removal of Directors
2. Amendment of Governing Documents (approval/disapproval thereof)
3. Raising the “cap” on maximum possible assessments.
4. All Special Assessments must receive consent of the owners.
5. To place a mortgage on common areas requires consent of the owners.

Except for the five actions listed above, the board has final responsibility.