Pursuant to the applicable provision of the Colorado Nonprofit Corporation Act, C.R.S. 7-130-105, the undersigned nonprofit corporation adopts the following Fourth Amendment to its Articles of Incorporation:
- The domestic name of the nonprofit corporation is the Little Elk Creek Home Owners Association. The nonprofit corporation was formed on June 8, 1972 by filing of Articles of Incorporation in accordance with applicable Colorado law.
- The corporation has previously amended its Articles of Incorporation by proper adoption of Articles of Amendment on or about June 9, 1979; June 9, 1984; and June 11, 2003, and each of these amendments has been properly filed with the Colorado Secretary of State.
- At a duly noticed annual meeting of the members of the corporation held on July 28, 2021, at which a quorum was present in person or by proxy, and with no objection to the holding of the meeting presented, the members of the corporation by motion made and adopted by a two thirds majority of the members voting in person or by proxy adopted the following Fourth Amendment to the Articles of Incorporation:
Article III, Section 2 and 3 of the 1972 Articles of Incorporation shall be amended and replaced in their entirety by the following amendments:
2. The business affairs and property of the corporation shall be managed by a Board of Trustees who shall be elected at the Annual Meetings of the members. There shall be five Trustees. Each Trustee shall be elected to serve for two years or until his or her successor shall be elected and shall attend his or her first Trustees’ meeting. The terms of the Trustees shall be staggered (initially by random drawing, with three two year terms and two one-year terms) so that not all of the members of the Board of Trustees shall be subject to election at any Annual Meeting. At any Annual Meeting at which there is more than one Trustee position to be filled, the Members may vote for the number of positions that are open. The candidate for Trustee who receives the most votes shall fill the first open seat, the candidate for Trustee who receives the second highest number of votes shall fill the second open seat, and, if applicable, the candidate for Trustee who receives the third highest number of votes shall fill the third open seat.
3. Trustees need not be residents of the State of Colorado but shall be Members of the Association.