Silverwood Village Homeowners' Association

SVHOA Articles Of Incorporation

Filed June 21, 1991

ARTICLES OF INCORPORATION

OF

SILVERWOOD VILLAGE HOMEOWNERS' ASSOCIATIo34?

In compliance with the requirements of the Colorado Non-Profit Corporation Act (C.R.S. 7?20?101, et. seq.), the undersigned, a natural person of the age of twenty?one (21) years or more and a resident of the State of Colorado, acting as an Incorporator of a non?profit corporation hereby signs and acknowledges the following Articles of Incorporation.

ARTICLE I. NAME. The name of the Corporation is SILVERWOOD VILLAGE HOMEOWNERS' ASSOCIATION (the "Association").

ARTICLE II. REGISTERED OFFICE. The initial registered office of the Association is located at 1418 Centennial Road, Fort Collins, Colorado 80525.

ARTICLE III. REGISTERED AGENT. The name of the Association's initial registered agent is Richard L. Bader.

ARTICLE IV. PURPOSE AND POWERS OF THE ASSOCIATION. The Association does not contemplate pecuniary gain or profit, direct or indirect, to its members, and no part of the Association's net earnings (other than by acquiring, constructing, or providing management, maintenance, and care of the Association's property, and other than by rebate of excess membership dues, fees, or assessments) shall inure to the benefit of any member or private individual. The particular purposes and objects for which the Association is formed and the corporate powers which the Association shall have in furtherance of its purposes and objects are as follows:

(a) Promote the collective and individual interests and rights of all persons, firms and corporations owning property in Silverwood Village First Filing and Silverwood Village Second Filing, located in the City of Fort Collins, County of Larimer, State of Colorado.

(b) Aid and cooperate with the members of the Association in the enforcement of the Protective Covenants and Homeowners' Agreement for Silverwood Village First Filing and Silverwood Village Second Filing recorded with the Clerk and Recorder of Larimer County, Colorado on January 18, 1977 at Book 1746, Page 0436, and the Amendment to Protective Covenants and Homeowners, Agreement of Silverwood Village First Filing and Silverwood Village Second Filing recorded with the Clerk and Recorder of Larimer County, Colorado on June 1, 1978 at Book 1861 at Page 0931 (collectively referred to as the "Declaration"), as well as any other covenants, conditions or restrictions which may be approved as provided in the Declaration.

(c) In general but in connection with the foregoing, do any and all things necessary to promote the general welfare of the owners of real property within Silverwood Village First Filing and Silverwood Village Second Filing.

(d) Exercise all of the powers and privileges and to perform all of the duties and obligations of the Association as set forth in the Declaration.

(e) Be a member of, or otherwise participate in, any other non?profit corporation or entity formed for the purpose of managing, operating, enhancing, and preserving Lake Sherwood as a recreational and irrigation resource' and to provide for the payment of all assessments and other charges resulting from such membership or participation.






(f) 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.

(g) Borrow money, and with the assent of a majority of the members, mortgage, pledge, encumber by deed of trust, or hypothecate any or all of its real or personal property as security for money borrowed or debts incurred.

(h) Dedicate, sell or transfer all or any part of any real property owned by the Association to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the members. No such dedication or transfer shall be effective unless an instrument has been signed by seventy?five percent (75%) of the members, agreeing to such dedication! sale or transfer.

(i) Fix, levy, collect, and enforce payment by any lawful means, all charges or assessments pursuant to the terms of the Declaration, these Articles, and the Association's By-Laws.

(j) Maintain, repair, renovate, and replace any property owned by the Association.

(k) Have and exercise any and all powers, rights and privileges which a corporation organized under the Non?Profit Corporation Act of the State of Colorado by law may now or hereafter have or exercise.

(1) Do all and everything necessary, suitable and proper for the accomplishment of any of the purposes or the attainment of any of the objects or the furtherance of any of the powers hereinabove set forth, either alone or in association with other corporations, firms or individuals, and to do every other act or acts, thing or things, incidental or appurtenant to or growing out of or connected with the aforementioned objects, purposes and powers, or any part or parts thereof, provided the same shall not be inconsistent with the laws under which this Association is organized.

ARTICLE V. MEMBERSHIP. Every person or entity who is a record owner of a fee or undivided fee interest in any lot which is subject by covenants of record to assessments by the Association, 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 which is subject to assessment by the Association.

The Board of Directors of the corporation may establish by resolution a classification of associate membership which shall be applicable to tenants of members of the corporation. Associate members shall have no voting rights.

ARTICLE VI. VOTING RIGHTS. The Association shall have one class of voting memberships, which shall be owners of lots in Silverwood Village First Filing and Silverwood Village Second Filing, City of Fort Collins, Larimer County, Colorado, and shall be entitled to one vote for each such lot owned. When more than one person holds an interest in any such lot, all such persons shall be members. The vote for such lot shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to any lot.

ARTICLE VII. BOARD OF DIRECTORS. The affairs of this Association shall be managed by a Board of Directors. The number of Directors who shall conduct and manage the business and affairs of the Association shall be not less than three (3) nor more than seven (7). The initial Board of Directors shall consist of three (3) individuals. The names and addresses of the persons who are to serve as the Directors of the Association until their successors are elected and qualified are as follows:

Richard L. Bader
1418 Centennial Road

Fort Collins, Colorado 80525

Robert J. Johnson, Jr.
2930 Brookwood Drive
Fort Collins, Colorado 80525

Melvin L. Eckard
2948 Silverwood Drive
Fort Collins, Colorado 80525

ARTICLE VIII. DISSOLUTION. The Association may be dissolved with the assent given in writing and signed by all of the members and all persons and entities holding a lien against all or any portion of the Property. 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 non?profit corporation, association, trust or other organization to be devoted to such similar purposes.

ARTICLE IX. DURATION. The Corporation shall exist perpetually.

ARTICLE X. AMENDMENTS. Amendments to these Articles of Incorporation shall be made in any manner now or hereafter provided by the Colorado non?profit corporation laws.

ARTICLE XI. DIRECTOR LIABILITY. All personal liability of a Director to the corporation or to its members for monetary damages for breach of fiduciary duty as a Director is hereby eliminated; except that the liability of a Director to the corporation or to its members for monetary damages for: any breach of the Director's duty of loyalty to the corporation or its members; acts or omissions not in good faith or which involve intentional misconduct for a knowing violation of law; acts specified in Section 7?24?111, C.R.S.; or any transaction from which the Director derived an improper personal benefit, is not eliminated hereby. Liability of a Director to the corporation or to its members for. monetary damages for any act or omission occurring prior to the date this provision becomes effective is likewise not eliminated.














ARTICLE XII.

incorporator is: INCORPORATOR. The name and address of the

Richard S. Gast
March & Myatt, P.C.
110 East Oak Street, Suite 200
P. 0. Box 469
Fort Collins, Colorado 80522

IN WITNESS WHEREOF, for the purpose of forming this Corporation under the laws of the State of Colorado, I, the undersigned, constituting the Incorporator of this Association, have executed these Articles of Incorporation this; day of 1991.

Richard S. Gast, Incorporator

STATE OF COLORADO)
) ss.
COUNTY OF LARIMER)

SUBSCRIBED, SWORN TO and ACKNOWLEDGED before me this ____ day of June, 1991 by Richard S. Gast.

WITNESS my hand and official seal.

My commission expires:
































STATEMENT OF CHANGE OF REGISTERED OFFICE OR REGISTERED AGENT, OR BOTH Form 003 Filing fee: $5.00 revised 12/28/2001 Deliver 2 copies to: Colorado Secretary of State Business Division, 1560 Broadway, Suite 200 Denver, CO 80202?5169 This document must be typed or machine printed Please include a self?addressed envelope.

ABOVE SPACE FOR OFFICE USE ONLY

The undersigned, pursuant to Title 7, Colorado Revised Statutes (C.R.S.), organized under the
Laws of Colorado (state or country of origin) delivers the following statement to the Colorado Secretary of State for filing:

1. The name of the entity is: Silverwood Village Homeowners' Association
(Must be exactly shown on the records of the Secretary of State)

2. If above entity is foreign, the assumed entity name, if any, currently using in Colorado:

3. The street address of its current registered office is:
3424 Stanford Road Fort Collins, Co 80525

4. If the registered office address is to be changed, the street address of the new registered office 3000 Eindborough Drive Fort Collins, CO 80525?2361
(Must be a street or other physical address in Colorado) If mail is undeliverable to this address, ALSO include a post office box address:

5. The name of its current registered agent is? Kathy Louderback

6. If the registered agent is to be changed, the name of the new registered agent is E. Jo Ann Brown

7. The new registered agent's written consent (signature):

8. (If the registered agent is changing the street address of the registered agent's business address, and
the registered agent is executing this statement) Notice of the change has been given to the above named entity.

9. The street addresses of its registered office and of the business office of its registered agent, as changed, will he identical

(Optional) Address of its principal place of business is:
3000 Eindborough Drive Fort Collins, CO 80525?2361
and if changed, the new address of its principal place of business is:

10. The address to which the Secretary of State may send a copy of this document upon completion of filing (or to which the Secretary of State may return this document if filing is refused) is: Silverwood Village Homeowners' Association P.O. Box 9262 Fort Collins, CO 80525?0501

David Hodson
Signer's Name?printed SVHOA

(Individual’s signature*) Signer's Title*? President

*Check appropriate statutes for execution (signature) requirements.