Fox Hill (Filings II & III)

Fox Hill Articles of Incorporation

Disclaimer

The information below has been reproduced from a copy of the original document, as approved and adopted by consent of the Board of Directors on November 19, 1997. This copy should not be relied upon for the purpose of making a purchase, sale or other financial decision about property in the Fox Hill subdivision. While care has been taken to avoid error in reproduction, the original document as approved and adopted by the Board of Directors takes precedence over this document if any differences are found to exist. The Fox Hill Filing II and III Homeowners’ Association nor any of its officers or members assumes any liability for the accuracy of the information below. It is provided only for the convenience of the members of Fox Hill Filing II and III Homeowners’ Association.

ARTICLES OF INCORPORATION

THE FOX HILL 2ND & 3RD Filing HOMEOWNERS ASSOCIATION
(A NONPROFIT CORPORATION)


The undersigned acting as incorporator under the Colorado Nonprofit Corporation Act hereby adopts the following Articles for such corporation:

ARTICLE ONE – NAME: The name of the corporation is FOX HILL 2ND & 3RD FILING HOMEOWNERS ASSOCIATION (‘Association”)

ARTICLE TWO – DURATION: The Association shall exist in perpetuity from and after the date of filing of these Articles of Incorporation with the Colorado Secretary of State, unless dissolved according to Colorado law.

ARTICLE THREE – REGISTERED AGENT AND REGISTERED OFFICE: The address of the Association’s initial registered office and the name of the initial registered agent at that address is as follows:
(a) Registered Agent: Debby Paris
(b) Registered Office: 6015 Fox Hill Drive
Longmont, CO 80501

ARTICLE FOUR – PURPOSES OF THE ASSOCIATION: The purposes for which the association is formed are: (a) to promote the health, safety, welfare, and be for the common benefit of the residents of the community and members of the Association; (b) be and constitute the Association to enforce THE DECLARATION OF RESTRICTIONS, COVENANTS AND CONDITIONS covering lots in Fox Hill 2nd & 3rd Filing, Longmont, Colorado (“Declaration”) recorded in Boulder County, Colorado records; (c) to govern, in accordance with the Colorado Common Interest Ownership Act, the Colorado Nonprofit Corporation Act, the Declaration, the Articles of Incorporation and Bylaws of the Association, the residential community known as FOX HILL 2ND & 3RD FILING, located in Longmont, Colorado.

ARTICLE FIVE – POWERS OF THE ASSOCIATION: In furtherance of the purposes stated above, the Association shall have and may exercise all of the rights, powers, privileges and immunities now or subsequently conferred upon nonprofit corporations by the Colorado Nonprofit Corporation Act, The Colorado Common Interest Ownership Act, or granted under the Declaration, the Articles of Incorporation or Bylaws of the Association.

ARTICLE SIX – NONPROFIT: The Association shall be a nonprofit corporation, without shares of stock, and does not contemplate pecuniary gain or profit for the Members thereof.

ARTICLE SEVEN – MEMBERSHIP AND VOTING RIGHTS: Membership and voting rights shall be as set forth in the Bylaws of the Association.

ARTICLE EIGHT – BOARD OF DIRECTORS: The affairs of the Association shall be managed by a Board of Directors. The duties, qualifications, number and term of Directors and the manner of their election, appointment and removal shall be set forth in the Bylaws.

There shall be seven members of the intiial Board of Directors. The names and addresses of the persons appointed by the Homeowners who are to serve as the initial Directors are ad follows:
(a) Rhonda Kavanagh
5031 Fox Hill Drive
Longmont, CO 80501

(b) Tom Moore
1169 Winslow Circle
Longmont, CO 80501

(c) Ron Morrow
810 Hays Circle
Longmont, CO 80501

(d) Debby Paris
6015 Fox Hill Drive
Longmont, CO 80501

(e) Tim Poole
834 Hays Circle
Longmont, CO 80501

(f) Bob Smith
1124 East 5th Avenue
Longmont, CO 80501

(g) Robert Stockton
801 Hays Circle
Longmont, CO 80501





ARTICLE NINE – LIABILITY OF DIRECTORS: A Director shall not be personally liable to the Association or its Members for monetary damages for breach of fiduciary duty as a Director, except for liability arising from (a) any breach of the Director’s loyalty to the Association or its Members, (b) acts or omissions not in good faith or which involve intentional misconduct or a knowing violation of law, (c) any transaction from which the Director derived any improper personal benefit or (d) any other act expressly proscribed or for which Directors are otherwise liable under the Colorado Nonprofit Corporation Act.

If the Colorado Nonprofit Corporation Act is subsequently amended to authorize corporate action further limiting or eliminating the personal liability of Directors, then the liability of a Director shall be limited or eliminated to the fullest extent permitted by the Colorado Nonprofit Corporation Act or other Colorado law, as so amended. Any repeal or modification of this Article by the Members of the Association shall not adversely affect any right or protection of a Director existing at the time of such repeal or modification.

ARTICLE TEN – AMENDMENT: Amendment of these Articles shall be in accordance with the statutory requirements of the Colorado Nonprofit Corporation Act.

ARTICLE ELEVEN – DISSOLUTION: The Association may be dissolved with the consent of Members to which at least sixty-seven percent of the votes in the Association are allocated.

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.

ARTICLE TWELVE – DEFINITIONS: Terms used in these Articles of Incorporation which are defined in the Declaration shall have the same meaning and definition as such terms have in the Declaration.

In WITNESS WHEREOF, the Incorporator has caused these Articles to be executed this 23rd day of December 1997.
Original Signed by Ronda Kavanagh

STATE OF COLORADO )
) ss.
COUNTY OF DENVER )

Acknowledged and sworn to before me this 23rd day of December, 1997

by Rhonda Kavanagh.

My commission expires: 12/4/00
In witness whereof I have here unto set my hand and seal.

Original Signed by Tom Saylor
Notary Public Tom Saylor