Butterfield Homeowners Association

Butterfield SB 05-100 Regulations

These Regulations will be added to the existing Regulations

Butterfield HOA Regulations pertaining to Colorado State Senate Bill 05-100


Overview: In 2005 the Colorado Legislature passed Senate Bill 05-100 that defined certain home owner and HOA rights, some of which can impact Butterfield home owners. It became effective this spring. Your HOA Environmental Committee and Board have reviewed the bill extensively for possible HOA and member impacts. As result of the review the Board, on July 11, 2006 approved the following additional Butterfield regulations which are intended to clarify the issues as well as provide HOA members flexibility on these topics.

Butterfield HOA SB 05-100 Resolution Number 1: Display of the US Flag
Whereas Colorado Senate Bill 05-100 provides that HOA’s cannot preclude members from displaying the United States flag, but can restrict the size of the flag displayed, the HOA Board establishes that members can display a United States flag not to exceed the 5 feet by 9.5 feet maximum size of the US internment flag.

Butterfield HOA SB 05-100 Resolution 2: Display of a Military Unit Flag
Whereas Colorado Senate Bill 05-100 provides that HOA’s cannot preclude a member from displaying his or family member’s military unit designation flag, but can restrict the size of such flag displayed, the HOA Board establishes that member can display a member’s military unit designation flag not to exceed the Federal maximum size.

Butterfield HOA SB 05-100 Resolution 3: Flagpole specification
Whereas Colorado Senate Bill 05-100 provides that HOA’s can specify the maximum size of member’s flag poles, the HOA Board establishes that members can install flag poles on their private property not to exceed the Douglas County maximum height restriction of 35 feet. Such flag pole location should not encroach on public right of ways and easements and further be reviewed and approved by the Environmental Committee.

Butterfield HOA SB 05-100 Resolution 4: Political Election Signage
Whereas Colorado Senate Bill 05-100 provided that members can display on their property, political signage related specifically to pending elections subject to HOA regulations regarding size and timing, the HOA Board establishes that members can display political election signs not to exceed 3 feet by 4 feet, which is consistent with Douglas County Code. Such signs are to be limited to one sign of any size per issue and cannot be installed earlier than 45 days before an election and must be removed within seven days thereafter.

Butterfield HOA SB 05-100 Resolution 5: Defensible Space
Whereas Colorado Senate Bill 05-100 provides that HOA’s cannot preclude members from removing vegetation as part of establishing a fire prevention defensible space, the HOA Board adopts fully the Douglas County regulations and urges members to review the appropriate Douglas County regulation i.e. Chapter 5 of “Special Building Construction Regulations”.

Butterfield HOA SB 05-100 Resolution 6: Replacement of Shake Shingle Roofs
Whereas Colorado Senate Bill 05-100 provides that HOA’s cannot preclude a member from replacing his home’s shake shingle roof with other materials as part of a fire prevention plan, with such replacement alternative materials to be specified and approved by the HOA, the HOA Board has approved the Environmental Committee to issue roofing material variances to members for the use of specific composition shingle materials for new or replacement construction, upon a member demonstrating to the Environmental Committee that they meet the following minimum provisions:
· The selected materials are relief style dimensional shingles of contemporary material with a minimum 40-50 year lifetime warranty.
· The selected materials are approved by both the Douglas County (Building Codes and Regulations) and Parker Fire District.
· Color selection is consistent with HOA covenants and is approved by the Environmental Committee.
This HOA regulation does not preclude the use of other materials such as concrete tile that are included in the HOA Covenants, but rather provides an additional material type that members can use upon receiving an Environmental Committee variance.

Butterfield HOA SB 05-100 Resolution 7: Publishing of Member HOA Debts
Whereas Colorado Senate Bill 05-100 requires HOA’s to publish a list of all members’ indebtedness to the HOA, the HOA Board has established that it will publish a list of all current member debts to the HOA on at least an annual basis, no sooner than after ninety days from the date the annual HOA dues notices are sent to members, and after a single follow-up notice per item has been mailed to the delinquent members’ home address via registered mail. If payment is not received within 30 days of the date of the follow up letter, the individual member’s HOA indebtedness will be published. Such indebtedness can include but is not limited to HOA dues, assessments, and fines. Such publication will initially be made on the HOA web site. This regulation does not preclude the Covenants’ provisions for member debts to accrue interest, nor does it preclude the Board from taking additional action such as attaching liens to properties for the expressed provision of collecting members’ HOA debts.