Pristine Springs Governing Documents

Homeowner associations like Pristine Springs and the governing documents play an important part in creating and maintaining community-wide standards with the goal of positively impacting values.

The governing documents are created by Developers prior to construction and provisions tend to heavily favor the Developer vs Association member/homeowner. Moreover, they are often overly vague and include terms like “The BOARD is entitled to implement reasonable rules and regulations as they deem necessary.”

Provisions that are vague and up to interpretation could result in community disputes so we believe the governing documents must be amended to create specifics and place guard rails for enforcing certain provisions.

A grim example is the HOA’s ability to place liens and foreclose on your home for failure to pay assessments, to include special assessments which homeowners may not budget for.

An egregious example is acts committed by Green Valley Ranch in Colorado, click on the image to view the story.

The subsequent CC&R and ByLaws post include the language of the document in its entirety, however, the following sections must be discussed.

CC&RS

5.5       Power and Duties of the Association.

5.5.1    Powers. The Association shall have all the powers of a nonprofit corporation organized under the nonprofit corporation laws of the State of Idaho subject only to such limitations upon the exercise of such powers as are expressly set forth in the Project Documents, and to do and perform any and all acts which may be necessary, proper,  and/or incidental to the proper management and operation of the Association’s business, Common Area and the Association’s other assets, including water and water rights, ditch and ditch rights, and storage and storage rights, when and if received from Grantor, and the performance of the other responsibilities herein enumerated, including, without limitation:

5.5.1.1. Assessments. The power to levy Assessments on behalf of any Owner, or any portion of the Property, pursuant to the restrictions provided in this Declaration, and to enforce payment of such Assessments, all in accordance with the provisions of this Declaration. This power shall include the right of the Association to levy Assessments on any Owner or any portion of the Property to cover the operation and maintenance costs of Common Area.

5.5.1.2 Association Rules. The Association shall have the power to adopt, amend, and repeal by a majority vote of the Association such Association rules and regulations as the Association deems reasonable (the “Association Rules“). The Association Rules may include fines for certain prohibited activities and such fines shall be treated as Limited Assessments and administered in accordance with this Declaration, including Section 7.9.      The Association Rules shall apply equally to all Owners and shall not be inconsistent with this Declaration. A copy of the Association Rules as they may from time to time be adopted, amended, or repealed shall be mailed or otherwise delivered to each Owner. Upon such mailing or delivery, the Association Rules shall have the same force and effect as if they were set forth in and were a part of this Declaration. In the event of any challenge to any Association Rule, the Association Rule shall be upheld unless it is found by clear and convincing evidence to be: (i) in express violation of the Declaration;(ii) in express violation of federal, state, or local government law; or (iii) arbitrary, capricious, unreasonable, and oppressive.

5.5.1.3 Right of Enforcement. The Association shall be the primary entity responsible for enforcement of this Declaration. The power and authority from time to time in its own name, on its own behalf, or on behalf of any Owner or Owners who consent thereto, to commence and maintain actions and suits to restrain and enjoin any breach or threatened breach of the Project Documents and to enforce by injunction or otherwise, all provisions hereof. The Association, after reasonable notice to the offender and/or to the Owner, may remove any Improvement constructed, reconstructed, refinished, removed, added, altered, or maintained in violation of this Declaration and/or the Design Guidelines, and the Owner of the Improvements shall immediately reimburse the Association for all expenses incurred with such removal. Each violation of this Declaration and the Design Guidelines is hereby declared to be and to constitute a nuisance, and every public or private remedy allowed for such violation by law or equity against an Owner shall be applicable.

5.5.2.12            Enforcement of Restrictions and Rules. Perform such other acts, whether or not expressly authorized by this Declaration, as may be reasonably advised or necessary to enforce any of the provisions of the Project Documents including, without limitation, the recordation of any claim of lien with the Ada County Recorder’s Office, as more fully provided herein.