FOX HILL HOMEOWNERS ASSOCIATION
CONDUCT OF MEETINGS POLICY# 4
Pursuant to C.R.S. 38-33.3-209.5 and the Bylaws and Declaration of Covenants, Conditions and Restrictions ("Declaration") for Fox Hills Subdivision, the following resolution and procedures have been adopted by the Fox Hills Homeowners Association, Inc. ("Association").
NOW THEREFORE, LET IT BE RESOLVED that the Association does hereby adopt the following policy governing the conduct of meetings of the Members and meetings of the Board:
1) Rules of Order. The Board will generally follow Robert's Rules of Order for conducting each meeting. The Board will attempt to be as casual as possible under the circumstances of the meeting.
2) Attendance. All meetings of the Association are open to every Member, or to any person designated by a Member in writing as the Member's representative, and Members or designated representatives so desiring shall be permitted to attend, listen, and speak at an appropriate time during the deliberations and proceedings; except that, for regular and special meetings of the Board, Members who are not Board Members may not participate in any deliberation or discussion unless expressly so authorized by a vote of the majority of a quorum of the Board.
3) Notices and Agendas. Meeting notices and agendas may be provided in electronic form at the discretion of the Board.
4) Restrictions. The Board may place reasonable time restrictions on those persons speaking during the meeting but shall permit a Member or a Member's designated representative to speak before the Board takes formal action on an item under discussion, in addition to any other opportunities to speak. The Board shall provide for a reasonable number of people to speak on each side of an issue.
5) Privileged Information. Upon the final resolution of any matter for which the Board received legal advice or that concerned pending or contemplated litigation, the Board may erect to preserve the attorney-client privilege in any appropriate manner, or it may elect to disclose such information, as it deems appropriate, about such matter in an open meeting.
6) Order of Business. The agenda for all meetings shall follow the order of business specified by the Association's Bylaws, and if none, in accordance with the order of business determined by the Board, which shall include a Member Open Forum during which any Member or Member's designated representative who wishes to speak will have the opportunity to do so, subject to the remaining provisions of this policy.
7) Open Forum. The Board shall have the right to determine the length of time of the Open Forum. The President or acting chair of the meeting may place reasonable limitations upon the time given to each member seeking to comment to allow sufficient time for as many Members as possible to comment within the time permitted. Unless otherwise determined by the President or acting chair, the time limit will be five (5) minutes per member. Members will only be allowed to speak more than once during the Open Forum at the discretion of the Board. No member may speak a second time until all Members wishing to speak have had an opportunity to speak once. The Board is not obligated to take immediate action on any item presented by a member.
8) Additional Items. Additional items brought before the Board which are not on the current agenda may be placed on the next Board meeting agenda. If the item is a comment only, it may be considered at the Board's discretion, provided no formal vote is required for that item.
9) Sign-Up Sheets. An optional sign-up sheet will be made available to Members immediately prior to the meeting. Any Member wishing to comment at the ensuing meeting may add his/her name to the sign-up sheet. Members will be recognized for comment at the meeting in the same order as their names appear on the sign-up sheet. All Members wishing to comment who have not placed their names on the sign-up sheet will nonetheless be permitted to speak, time permitting. The President of the Board or acting chair shall, to the best of his/her ability, allocate time to each Member for comment to allow as many Members as possible to speak.
10) Curtailment of Member Conduct. Should the President or acting chair determine that any Member has spoken for the allocated amount of time or longer, the President or acting chair shall have the authority to instruct that member to yield the floor, and that member will be obligated to comply with the President's or acting chair's instruction.
11) Executive Session. Notwithstanding the foregoing, the Board or a committee thereof may hold an executive or closed-door session and may restrict attendance to Board Members and other persons specified by the Board; provided that any such executive or closed-door session may only be held in accordance with the provisions and requirements of the Act, as amended from time to time, or other applicable law. The matters to be discussed at such an executive session are limited to.
12) Matters pertaining to employees of the Association or the managing agent's contract or involving the employment, promotion, discipline, or dismissal of an officer, agent, or employee of the association.
13) Active litigation matters or consultation with legal counsel concerning disputes that are the subject of pending or imminent court proceedings or matters that are privileged or confidential between attorney and client. Investigative proceedings concerning possible or actual criminal misconduct.
14) Matters subject to specific constitutional, statutory, or judicially imposed requirements protecting proceedings or matters from public disclosure. Any matter the disclosure of which would constitute an unwarranted invasion of individual privacy. Review of or discussion relating to any written or oral communication from legal counsel. Prior to the time the Members of the Board convene in executive session, the President or acting chair shall announce the general matter of discussion as enumerated in paragraphs (a) to (f) above. No rule or regulation may be validly adopted only during a regular or special meeting or after the Board goes back into regular session following an executive session.
15) Disruptive or Unruly Behavior. If a member refuses to stop talking after his/her allotted time has ended or otherwise disrupts the meeting, the following procedure will be followed:
16) The President or acting chair will issue an oral warning that if the member continues to speak or disrupt the meeting, either the meeting will be adjourned, or law enforcement/security will be called to remove the individual.
17) If the member continues to speak or disrupt the meeting, the President or acting chair will call a recess and speak directly to the member, reiterating that either the meeting will be adjourned, or law enforcement/security will be called to remove the individual.
18) If the member still refuses to cooperate, the President or acting chair may choose whether to adjourn the meeting to another time or to call law enforcement/security.
19) Audio or Video Devices. Meetings shall not be recorded with the use of an audio or video device. The practice of recording these meetings with an audio or video device would be disruptive and discourage open discussion.
20) Ballots. All issues that come before the ownership for a vote may be conducted by secret ballot at the discretion of the Board. Results of a vote taken by secret ballot will be reported without reference to name, address or other identifying information of such Members participating in the vote. Ballots shall be counted by a neutral 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, the Association's managing agent or legal counsel and, in the case of a contested election for a Board position, shall not be a candidate.
21) Proxies. Proxies will not be considered valid if the proxies were obtained through fraud or misrepresentation as determined by a majority of the Board of Directors. Properly prepared proxies will not be revoked without a written notice to the person presiding over the meeting. A proxy will be considered void if it is not dated and/or signed.
The undersigned hereby certify that the foregoing resolution (Policy #3) was adopted and made a part of the minutes of the meeting of the Board of Directors of the Association conducted on the
_____ of ____________________, 2025.
By: _____________________________________, President
Attest: __________________________________,
Pursuant to C.R.S. 38-33.3-209.5 and the Bylaws and Declaration of Covenants, Conditions and Restrictions ("Declaration") for Fox Hills Subdivision, the following resolution and procedures have been adopted by the Fox Hills Homeowners Association, Inc. ("Association").
NOW THEREFORE, LET IT BE RESOLVED that the Association does hereby adopt the following policy governing the conduct of meetings of the Members and meetings of the Board:
1) Rules of Order. The Board will generally follow Robert's Rules of Order for conducting each meeting. The Board will attempt to be as casual as possible under the circumstances of the meeting.
2) Attendance. All meetings of the Association are open to every Member, or to any person designated by a Member in writing as the Member's representative, and Members or designated representatives so desiring shall be permitted to attend, listen, and speak at an appropriate time during the deliberations and proceedings; except that, for regular and special meetings of the Board, Members who are not Board Members may not participate in any deliberation or discussion unless expressly so authorized by a vote of the majority of a quorum of the Board.
3) Notices and Agendas. Meeting notices and agendas may be provided in electronic form at the discretion of the Board.
4) Restrictions. The Board may place reasonable time restrictions on those persons speaking during the meeting but shall permit a Member or a Member's designated representative to speak before the Board takes formal action on an item under discussion, in addition to any other opportunities to speak. The Board shall provide for a reasonable number of people to speak on each side of an issue.
5) Privileged Information. Upon the final resolution of any matter for which the Board received legal advice or that concerned pending or contemplated litigation, the Board may erect to preserve the attorney-client privilege in any appropriate manner, or it may elect to disclose such information, as it deems appropriate, about such matter in an open meeting.
6) Order of Business. The agenda for all meetings shall follow the order of business specified by the Association's Bylaws, and if none, in accordance with the order of business determined by the Board, which shall include a Member Open Forum during which any Member or Member's designated representative who wishes to speak will have the opportunity to do so, subject to the remaining provisions of this policy.
7) Open Forum. The Board shall have the right to determine the length of time of the Open Forum. The President or acting chair of the meeting may place reasonable limitations upon the time given to each member seeking to comment to allow sufficient time for as many Members as possible to comment within the time permitted. Unless otherwise determined by the President or acting chair, the time limit will be five (5) minutes per member. Members will only be allowed to speak more than once during the Open Forum at the discretion of the Board. No member may speak a second time until all Members wishing to speak have had an opportunity to speak once. The Board is not obligated to take immediate action on any item presented by a member.
8) Additional Items. Additional items brought before the Board which are not on the current agenda may be placed on the next Board meeting agenda. If the item is a comment only, it may be considered at the Board's discretion, provided no formal vote is required for that item.
9) Sign-Up Sheets. An optional sign-up sheet will be made available to Members immediately prior to the meeting. Any Member wishing to comment at the ensuing meeting may add his/her name to the sign-up sheet. Members will be recognized for comment at the meeting in the same order as their names appear on the sign-up sheet. All Members wishing to comment who have not placed their names on the sign-up sheet will nonetheless be permitted to speak, time permitting. The President of the Board or acting chair shall, to the best of his/her ability, allocate time to each Member for comment to allow as many Members as possible to speak.
10) Curtailment of Member Conduct. Should the President or acting chair determine that any Member has spoken for the allocated amount of time or longer, the President or acting chair shall have the authority to instruct that member to yield the floor, and that member will be obligated to comply with the President's or acting chair's instruction.
11) Executive Session. Notwithstanding the foregoing, the Board or a committee thereof may hold an executive or closed-door session and may restrict attendance to Board Members and other persons specified by the Board; provided that any such executive or closed-door session may only be held in accordance with the provisions and requirements of the Act, as amended from time to time, or other applicable law. The matters to be discussed at such an executive session are limited to.
12) Matters pertaining to employees of the Association or the managing agent's contract or involving the employment, promotion, discipline, or dismissal of an officer, agent, or employee of the association.
13) Active litigation matters or consultation with legal counsel concerning disputes that are the subject of pending or imminent court proceedings or matters that are privileged or confidential between attorney and client. Investigative proceedings concerning possible or actual criminal misconduct.
14) Matters subject to specific constitutional, statutory, or judicially imposed requirements protecting proceedings or matters from public disclosure. Any matter the disclosure of which would constitute an unwarranted invasion of individual privacy. Review of or discussion relating to any written or oral communication from legal counsel. Prior to the time the Members of the Board convene in executive session, the President or acting chair shall announce the general matter of discussion as enumerated in paragraphs (a) to (f) above. No rule or regulation may be validly adopted only during a regular or special meeting or after the Board goes back into regular session following an executive session.
15) Disruptive or Unruly Behavior. If a member refuses to stop talking after his/her allotted time has ended or otherwise disrupts the meeting, the following procedure will be followed:
16) The President or acting chair will issue an oral warning that if the member continues to speak or disrupt the meeting, either the meeting will be adjourned, or law enforcement/security will be called to remove the individual.
17) If the member continues to speak or disrupt the meeting, the President or acting chair will call a recess and speak directly to the member, reiterating that either the meeting will be adjourned, or law enforcement/security will be called to remove the individual.
18) If the member still refuses to cooperate, the President or acting chair may choose whether to adjourn the meeting to another time or to call law enforcement/security.
19) Audio or Video Devices. Meetings shall not be recorded with the use of an audio or video device. The practice of recording these meetings with an audio or video device would be disruptive and discourage open discussion.
20) Ballots. All issues that come before the ownership for a vote may be conducted by secret ballot at the discretion of the Board. Results of a vote taken by secret ballot will be reported without reference to name, address or other identifying information of such Members participating in the vote. Ballots shall be counted by a neutral 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, the Association's managing agent or legal counsel and, in the case of a contested election for a Board position, shall not be a candidate.
21) Proxies. Proxies will not be considered valid if the proxies were obtained through fraud or misrepresentation as determined by a majority of the Board of Directors. Properly prepared proxies will not be revoked without a written notice to the person presiding over the meeting. A proxy will be considered void if it is not dated and/or signed.
The undersigned hereby certify that the foregoing resolution (Policy #3) was adopted and made a part of the minutes of the meeting of the Board of Directors of the Association conducted on the
_____ of ____________________, 2025.
By: _____________________________________, President
Attest: __________________________________,