Frequently Asked Questions
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What is a homeowner's association (HOA)?
An HOA is a non-profit corporation registered with the State and managed by a duly elected Board of Directors. Its purpose is to oversee the common assets of a property/area, and to govern the community in accordance with the provisions of the legal governing documents: CC&Rs (Declarations), Bylaws, Articles of Incorporation, Policies and Procedures, and Rules and Regulations. The governing legal documents for this association are available on the Governing Documents page of this site. The corporation is financially supported by all members of the HOA. Membership is both automatic and mandatory upon purchase of property within Shenandoah HOA boundaries.
What is a property management company and what is it's relationship with the homeowner's association?
A property management company is contracted by the Board of Directors to support HOA operations. As specified in the contract, a property management company acts as an agent on behalf of the HOA. They have a fiduciary duty to act in good faith and in the best interest of the HOA. They work with the HOA Board of Directors to uphold the governing documents of the HOA. Services they provide include bookkeeping services for the business operations including accounts payable, billing and collections of dues and assessments, and oversight of routine and regular maintenance matters; as well as serving as general clearing house for day to day matters, and addressing HOA member concerns. The property management company reports directly to the Board of Directors, and all decisions are made by a majority vote of the Board of Directors. Our property management company’s contact information is found on the Contact page of this site.
What are the CC&Rs? (Declarations)
The Covenants, Conditions and Restrictions (CC&Rs), also known as the Declarations, are the governing legal documents that created the Shenandoah community and that set up the guidelines for operation of the planned community. The CC&Rs were recorded in the La Plata County Recorders office and are included in the title to your property. Failure to abide by the CC&Rs may result in a fine to the owner by the HOA. The governing legal documents for the HOA are available on the Governing Documents page of this site.
What are the Bylaws?
The Bylaws are the guidelines for the procedural operation of the non-profit corporation. Thge Bylaws define the duties of the various offices of the Board of Directors, the terms of the Directors, the voting rights of the membership, required meetings and notices of meetings, the principal office of the HOA; as well as other specific items that are necessary to the proper governance of the HOA. The association Bylaws are available on the Governing Documents page of this site.
What are the Board of Directors?
The HOA functions under non-profit corporation laws and therefore a governing body is required to oversee its operations. The Board of Directors is elected by the association owners (members), as specified in the Bylaws. The limitations and restrictions of the powers of the Board of Directors is outlined in the HOA governing documents available on the Governing Documents page of this site.
What about additional Policies, Rules and Regulations as mandated by law?
The HOA has developed Policies, Rules and Regulations as provided for in the governing documents and have been adopted by the Board of Directors. Rules and Regulations are established to provide direction to the homeowners for common courtesies with regards to parking, vehicles, pets, etc. In addition, the HOA has Architectural guidelines with procedures for submitting initial design and exterior material selection of the home, as well as requests to make exterior changes to your home and outbuildings. Such changes may include patio covers, decks, landscaping, exterior color changes, or additions. These rules and guidelines are set up to maintain the aesthetic value and integrity of the community on behalf of all owners. Violations of these rules may result in action by the Board of Directors and a fine. In addition, if you proceed with an exterior improvement or change, without written approval of the Board of Directors, or Architectural Review, as applicable you will be required to remove or correct the alteration and/or be fined for the violation. For more information visit the Governing Documents page of this site.
As a member of the HOA, what information is available to me?
As required by Colorado law, the HOA is required to keep adequate records and to give all members the the right to examine and copy the financial and other records of the HOA for a proper purpose. Detail regarding inspection and copying association records is found in the Policies and Procedures adopted by the HOA. The Policies and Procedures are available on the Governing Documents page of this site.
Are Board Meetings open to all members?
Yes, Board Meetings are open to all member property residents. Notice of date and time are given in accordance with State law and email notice is sent out at least 10 days prior to meetings. Under State law, some board meetings may include executive sessions, which members may not attend, when certain, as defined, legal matters are to be discussed.
How do I get involved on a committee?
The HOA welcomes committee participation. If you are interested in serving on any of the HOA’s various committees, contact the management company or any committee member, or chair, directly.
What are the association's dues (regular assessments)?
The dues are the annual amount due from each member to cover the operating expenses of the association, as well as expenses for maintenance of commonly owned assets, and to provide reserve funds for replacement and major maintenance planned for future years. Dues are billed quarterly.
How is the amount of dues determined?
An annual budget is developed and approved by the Board of Directors in the fall; sent to the members and adopted at the annual meeting, unless vetoed by the members in accordance with State law. The budget is designed to cover expenses and provide expected reserve funding for the upcoming year and the amount needed is then divided by the number of member lots in the HOA.
What appens if I do not pay my dues or special assessments?
The HOA depends upon timely receipt of payments from its members. Accordingly, late payments will result in additional late payment charges being applied to the unpaid balance. If the delinquency persists, the HOA’s governing documents provide for the HOA to initiate lien or foreclosure proceedings against a member for extended delinquency. The HOA has developed a Policy and Procedure for Collection of a Delinquency; which is available on the Governing Documents page of this site.
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