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DISCLAIMER The copies of the Declaration of Covenants, Conditions, and Restrictions of Piney Creek Maintenance Association, Inc.,
the Declaration of Covenants, Conditions, and Restrictions of Piney Creek Recreational Association, Inc., and the Protective Covenants for each neighborhood filing within Piney Creek are provided for convenience only. No
reliance should be placed on the reprint of these documents on this Internet site. The actual recorded documents can be found at the office of the Clerk & Recorder for Arapahoe County located at 5334 S. Prince St.,
Littleton, CO 80120. |
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ARTICLES OF INCORPORATION OF PINEY CREEK MAINTENANCE ASSOCIATION, INC. In compliance with the requirements of the Colorado Nonprofit Corporation Act, Section 7-20-101 through 7-29-106, C.R.S., 1973, as amended, the undersigned, of full age, has
this day, for the purpose of forming a nonprofit corporation, certified as follows: NAME The name of the corporation is PINEY CREEK MAINTENANCE ASSOCIATION, INC.,
hereafter called the "Association." PRINCIPAL OFFICE
The principal office of the Association is located at 3600 South Yosemite, Suite 750, Denver, Colorado 80237 REGISTERED AGENT Robert T. Rosen, whose address is
3600 South Yosemite Street, Suite 900, Denver, Colorado 80237, is hereby appointed the initial registered agent of this Association, and such address shall be the registered address of this Association. PURPOSE AND POWERS OF THE ASSOCIATION This Association does not contemplate pecuniary gain or profit to the Members thereof, and the specific purposes for which it is formed are to provide for
maintenance, preservation, and architectural control of the Maintenance Property, within that certain tract of property described in Exhibit "A" to the Declaration (hereinafter called the "Property") and to
promote the health, safety and welfare of the residents within the Property and any additions thereto as may hereafter be brought within the jurisdiction of this Association for this purpose to:
(a) exercise all of the powers and privileges and perform all of the duties and obligations of the Association as set forth in that certain Declaration of Covenants, Conditions, and Restrictions of Piney Creek Maintenance
Association, Inc., hereinafter called the "Declaration," applicable to the Property, and recorded or to be recorded in the office of the Clerk and Recorder of the County of Arapahoe, Colorado, and as the same may be
amended from time to time as therein provided, said Declaration being incorporated herein as if set forth at length (terms which are defined in the Declaration shall have the same meanings herein unless otherwise defined
herein); (b) fix, levy, collect and enforce payment by any lawful means, all charges or assessments pursuant to the terms of the Declaration; pay all expenses ion connection therewith and all office and other expenses
incident to the conduct of the business of the Association, including all licenses, taxes, or governmental charges levied or imposed against the property of the Association; (c) acquire (by gift, purchase or otherwise), own,
hold, improve, build upon, operate, maintain, convey, sell, lease, transfer, dedicate for public use or otherwise dispose of real or personal property in connection with the affairs of the Association, provided that no
conveyance, sale, transfer, or dedication shall be effective unless approved by two-thirds (2/3) of each class of Members, as hereinafter described; (d) borrow money, and with the assent of two-thirds (2/3) of each class of
Members, deed in trust, or hypothecate any or all of its real or personal property as security for money borrowed or debts incurred; (e) dedicate, sell, or transfer all or any part of the Maintenance Property to any public
agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the Members, and grant permits, licenses and easements over the Maintenance Property for public utility roads and/or other
purposes reasonably necessary or useful for the proper maintenance or operation of the Property or the Association, provided that no such dedication, sale or transfer shall be effective unless first approved by two-thirds (2/3)
of each class of Members, and provided further that the granting of permits, licenses and easements as provided herein shall not be deemed a transfer within the meaning of this subsection (e); (f) participate in mergers and
consolidations with other nonprofit corporations organized for the same purposes or annex additional residential property and Maintenance Property, subject to the prior written approval of the Federal Housing Administration of
the U.S. Department of Housing and Urban Development or the Veterans Administration while there is a Class B membership, provided that any merger or consolidation shall have the assent of two-thirds (2/3) of each class of
Members; (g) manage, control, operate, maintain, repair and improve the Maintenance Property; (h) enforce covenants, restrictions, and conditions affecting the Maintenance Property or any portion thereof to the extent this
corporation may be authorized under the Declaration; (i) engage in activities which will actively foster, promote, and advance the common ownership interests of Owners; (j) enter into, make, perform, or enforce contracts of
every kind and description, and do all other acts necessary, appropriate, or advisable in carrying out any purpose of this Association with or in association with any person, firm, association, corporation, or other entity or
agency, public or private; (k) adopt, alter, and amend or repeal such Bylaws as may be necessary or desirable for the proper management of the affairs of this Association; provided, however, that such Bylaws shall not be
inconsistent with or contrary to any provisions of these Articles of Incorporation or the Declaration; and (l) have and exercise any and all powers, rights, and privileges which a corporation organized under the Colorado
Nonprofit Corporation Act by law may now or hereafter have or exercise
MEMBERSHIP Every person or entity who is a record owner of a fee or undivided fee interest in any Lot, Condominium Unit, Apartment Building or Commercial Area
which is now or hereafter subject to assessment as provided in the Declaration, including contract sellers, shall be a Member of the Association. The foregoing is not intended to include persons or entities who hold an interest
merely as security for the performance of an obligation. Membership shall be appurtenant to and may not be separated from ownership of any Lot, Condominium Unit, Apartment Building or Commercial Area which is subject to assessment
by the Association. A transfer of membership, including all rights of an Owner with respect to the Maintenance Property shall occur automatically upon the transfer of title to the Lot, Condominium Unit, Apartment Building or
Commercial Area to which the membership pertains. The Association may suspend the voting rights and the right to use any recreational facilities within the Maintenance Property of a Member for a period not to exceed sixty (60) days
for any infraction of published rules and regulations of the Association, or for any period during which any assessment against such Owner's Lot, Condominium Unit, Apartment Building or Commercial Area remains unpaid. All Members
shall be entitled to vote on all matters, except any Members who are in default in any obligations to the Association. Cumulative voting is prohibited. VOTING RIGHTS
The Association shall have four classes of voting membership; Class A.
Class A Members shall be all Owners of Lots, including Declarant, and shall be entitled to one vote for each Lot owned. When more than one person holds an interest in any Lot, all such persons shall be Members, and the vote for such Lot shall be exercised as they determine, but in no event shall more than one vote be cast with respect to any such Lot.
Class B.
The Class B Members shall be all Owners of Condominium Units, including Declarant, and shall be entitled to one vote for each Condominium Unit owned. When more than one person holds an interest in an Condominium Unit, all such persons shall be Members, and the vote of such Condominium Unit shall be exercised as they determine, but in no event shall more than one vote be cast with respect to any such Condominium Unit.
Class C.
Class C Members shall be all Owners of Apartment Buildings and shall be entitled to one vote for each 1800 net rentable square feet of living space within such Apartment Building. When more than one person holds an interest any Apartment Building, all such persons shall be Members, and all votes for such Apartment Building shall be exercised as they determine, but in no event shall more than one vote be east with respect to any 1800 square feet of living space within an Apartment Building. In the event any Apartment Building is converted to condominium ownership during the term of the Declaration, all Class C memberships within such converted Apartment Building(s) shall automatically be converted to Class B memberships with each Condominium Unit receiving one Class B membership on the effective date of such conversion. In the event all Apartment Buildings within the Properties are converted to condominium ownership, the Class C membership shall terminate.
Class D.
Class D Members shall be all Owners of Commercial Areas and shall be entitled to one vote for each 1800 square feet of net rentable area within such Commercial Area. When more than one person holds an interest in any Commercial Area, alt such persons shall be Members, and the vote of such Commercial Area shall be exercised as they determine, but in no event shall more than one vote be case with respect to any 1800 square feet of net rentable space within such Commercial Area.
Notwithstanding the foregoing voting rights, Declarant has reserved, pursuant to Article III, Section 3 of the Declaration, the right to appoint the Board of Directors of the Association for the period hereinafter described. The
Board of Directors shall have such powers and duties and shall serve for such terms of office as are set forth in the Articles of Incorporation and Bylaws of the Association. This reserved right shall terminate upon the first to
occur of the following events:
(a) 120 days following the date when seventy-five percent (75%) of all Lots and seventy-five percent (75%) of all Condominium Units in the Properties have been conveyed by Declarant or a Participating Builder to the first
owner thereof (other than Declarant or a Participating Builder); provided, however, that if, during such 120-day period, additional real property is annexed to the Properties pursuant to Article IX, Section 4 of the Declaration
so that Declarant and all Participating Builders again own at least twenty-five percent (25%)of the Lots or twenty-five percent (25%) of the Condominium Units in the Properties, such reserved right shall be deemed not to have
terminated; (b) Ten (10) years from the date upon which the Declaration is recorded in the office of the Clerk and Recorder of Arapahoe County, Colorado. (c) on a date certain set forth in written notice from the Declarant
to the Secretary of the Association of its intent to terminate its reserved right as of such date; provided, however, that in the event there is more than one Declarant, such notice must be signed by all such Declarants.
BOARD OF DIRECTORS The affairs of this Association shall be managed by a Board of five (5) directors. Directors shall be Members which, in the case of
Declarant, shall include the venturers of Declarant and their officers, directors and employees and in the case of corporate Members shall include the officers and directors of each such corporate Member. The number of Directors
may be changed by amendment of the Bylaws of the Association. The names and addresses of the persons who are to act in the capacity of directors until the selection of their successors are:
At the first annual meeting of the Association the Members shall elect two directors for one-year terms, two directors for two-year terms, and one director for a three-year term and at each annual meeting thereafter the Members shall elect the same number of directors as there are directors whose terms are expiring at the time of each election, for terms of three years. DISSOLUTION The Association may be dissolved with the assent given in writing and signed by not less than two-thirds (2/3) of each class of Members. Upon dissolution of the Association other than incident to a merger or consolidation, the assets of the Association shall be dedicated to an appropriate public agency to be used for purposes similar to those for which this Association was created. In the event that such dedication is refused acceptance, such assets shall be granted, conveyed, and assigned to any nonprofit corporation, association, trust or other organization to be devoted to such similar purposes. OFFICERS The Board of Directors may appoint a President, one or more Vice Presidents, a Secretary, a Treasurer and such other officers as the Board, in accordance with the provisions of the Bylaws, believes will be in the best interests of the Association. The officers shall have such duties as may be prescribed in the Bylaws of the corporation and shall serve at the pleasure of the Board of Directors. DURATION The corporation shall exist perpetually. AMENDMENTS Subject to the provisions of Article VIII, Section 1(6) of the Declaration, amendment of these Articles shall require the assent of two-thirds (2/3) of a quorum of each class of Members voting in person or by proxy at an annual or special meeting; provided, however, that no amendment to these Articles of Incorporation shall be contrary to or inconsistent with any provision of the Declaration. FHA/VA APPROVAL As long as there is a Class B membership, the following actions will require the prior approval of the Federal Housing Administration of the U.S. Department of Housing and Urban Development or the Veterans Administration: annexation of additional properties, mergers and consolidations, mortgaging of Maintenance Property, dedication of Maintenance Property, dissolution and amendment of these Articles. IN WITNESS WHEREOF, for the purpose of forming this corporation under the laws of the State of Colorado, the undersigned, the incorporator of this Association has executed these Articles of Incorporation this 15th day of September, l983.
ADDRESS OF INCORPORATOR: 7887 East Belleview Suite 700 Englewood, CO 80111 STATE OF COLORADO ) ) ss COUNTY OF ARAPAHOE ) The foregoing instrument was acknowledged before me this 15th day of September, 1983 by Peggy Gold. Witness my hand and official seal. My commission expires: 9-11-85.
Address: 7887 E. Belleview Suite 700 Englewood, CO 80111 |
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The Piney Creek Web Site is owned and maintained by the Piney Creek Maintenance and Recreational Associations. This Internet site is for informational purposes only. Piney Creek Maintenance Association and Piney Creek Recreational Association make every effort to provide current and accurate information on this Internet site. No warranties, expressed or implied, are provided for the accuracy or completeness of the data herein, or for its interpretation. |