Sanctuary on the Park HOA Proposal

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Presentation for: Santuary on the Park

description

A Proposal for the Homeowners Association of Sanctuary on the Park

Transcript of Sanctuary on the Park HOA Proposal

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Presentation for:

Santuary on the Park

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November 11, 2013

Board of DirectorsSanctuary on the Park

Dear Board of Directors:

I am very pleased to introduce you to BRC Community Management. Thank you for taking the time to better understand our team and the state-of-the-art services that BRC Community Management can offer your Association. BRC Community Management is a division of BRC Real Estate; a firm that was founded on the values of integrity, courtesy and professionalism and we strive to live up to those values every day.

While we manage a large portfolio, our goal is to manage each association in a manner that best meets the needs of its owners. We are here to offer the very best in association management, including the latest technologies in accounting, covenant control and internet software programs. The use of this technology offers your association not only the opportunity to save money but to also communicate more smoothly with your managing agent, our accounting department and any vendors working with your building.

The following items have been enclosed for your review:

• A list of services that BRC Community Management provides• A sample management contract• Our administrative services and fee schedule• Our management team profile• A list of our current managed communities• A list of references• Sample financials• Sample budget

Sample violation log

Should you have any questions after reviewing the enclosed, please don’t hesitate to contact me. Again, thank you for your consideration and for the chance to meet with you regarding our services. We look forward to the opportunity of managing your association.

Respectfully,

BRC COMMUNITY MANAGEMENT

Victoria PeppersVictoria PeppersChief Operating Officer

9331 Commerce Center Street, Suite A1, Highlands Ranch, CO 80129www.brcrealestate.com

303-804-9800

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I. Administrative and Accounting

a. Be available during regular office hours for general inquiresb. Emergency answering service 7 days a week, 24 hours a dayc. Maintain a complete bookkeeping program to include:

i. Accounts payable and receivableii. Cash disbursements and receiptsiii. Lock Box Serviceiv. Owner records, ledgers, emergency phone numbers, etc.v. Monthly review of invoices and check preparation

d. Owner Informationi. Maintain a current list of all owners, mailing addresses, telephone number and emergency

number (if available)ii. Coupon Books for Association payment of assessmentsiii. Levy all late fees, interest charges, returned check fees, repair charges, legal charges, fines,

etc. as requirede. Collect, record and deposit all Association monies in Association account

i. Monthly association fees; deposited immediately upon receiptii. Special Assessmentsiii. Insurance claim paymentsiv. Damage & repair costs charged to individual owners, if applicable

f. Maintain accounts for Association - Checking - Reserve - Special Funds Accountsi. All accounts will be in the name of the Associationii. Record interestiii. Reconcile balances monthlyiv. Transfer funds from one account to another as specified by Board of Directorsv. Monthly or quarterly financial statements, as directed by Board of Directors

g. Delinquent Accountsi. Charge late fees and interest on all past due accounts according to Association Bylawsii. Keep Board informed of all delinquent accountsiii. Work with Association’s Attorney to file liens with county, as per Association policy and,

at the Board of Directors discretion, against any owner who fails to pay in full the amount owed after being given proper notice

iv. Coordinate with Association’s Attorney to commence foreclosure or personal suit at a time so designated by the Board of Directors, or release lien if payment has been made in full

II. Prepare Annual Budget

a. Meet with Board of Directors to discuss goals for the year and evaluate previous year’s expenses

b. Obtain bids from vendors for maintenance contracts and capital expensesc. Coordinate financial information for review by certified public accountant for the purpose of an

audit and tax reportingd. Review and update reserve projections

9331 Commerce Center Street, Suite A1, Highlands Ranch, CO 80129www.brcrealestate.com

303-804-9800

MANAGEMENT SERVICES

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9331 Commerce Center Street, Suite A1, Highlands Ranch, CO 80129www.brcrealestate.com

303-804-9800

MANAGEMENT SERVICES

III. Board of Directors Meetings

a. Monthly/Quarterly Meetingsi. Have contracts ready for signing as neededii. Arrange for special guests (insurance agents, contractors, etc.) to attend meetingsiii. Keep Board of Directors advised as to their responsibilities and authorityiv. Arrange annual, semi-annual and special meetings as neededv. Provide agenda and meeting packets for Board Members

vi. Notify owners of meeting dates and meeting placevii. Take/keep minutes for Association as directed by Board

IV. On-Site Responsibilities

a. Recruit, investigate and hire maintenance contractors necessary to operate and maintain the Association’s property, with the Board’s approval

b. Make minor repairs promptly to prevent any further damage or problems for the ownersc. Communicate weekly with contractors about any problems or potential problemsd. Keep complete service records to include maintenance logs that record all tasks and follow-up.

These maintenance logs will be included in all Board packets.e. File any insurance claims and repair any damage on property as a result of claimf. Weekly inspections of the Association grounds and buildings by a property inspector

i. Grounds & common areasii. Covenant violations

V. Reporting

a. Provided by manager at all meetingsi. Delinquent accountsii. Update status of any liensiii. Minutes of Board meetingsiv. Financial statements to include all accountsv. Administrative reports

vi. Maintenance logvii. Covenant violation log

b. Provide annual contract schedules to monitor renewals

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MANAGEMENT SERVICES COMMUNITY MANAGEMENT AGREEMENT

9331 Commerce Center Street, Suite A1, Highlands Ranch, CO 80129www.brcrealestate.com

303-804-9800

COMMUNITY MANAGEMENT AGREEMENT

This agreement (the “Agreement”) is made and entered into this ___ day of ____________, 201__ by and between the owner’s association known as Sanctuary on the Park Homeowners Association. (the “Association”) which is established in accordance with the laws of the State of Colorado, for the property known as Sanctuary on the Park Homeowner’s Association (the “Property”), and BRC Community Management (Agent).

AUTHORITY OF THE AGREEMENT

The Board of Directors of the Association (the “Board”), on behalf of the Association, hereby appoints Agent to manage the Property, and Agent accepts appointment to manage the Property.

The parties further agree as follows:

Section 1 TERM OF AGREEMENT

The Board appoints Agent exclusively to manage the Property for a period of one (1) year, beginning this ___ day of ________, 2013 and thereafter for periods of one (1) year unless this Agreement is terminated as provided in this Section or in Sections 11 or 12. Either party may terminate this Agreement with or without cause upon thirty (30) days written notice to the other.

Section 2 SERVICES OF AGENT

Agent shall manage the Property to the extent, for the period, and upon the terms of this Agreement. Agent shall perform the following services in the name of and on behalf of the Association, and the Association hereby gives Agent the authority and powers to perform these services.

2.1 COLLECTION OF ASSESSMENTS

Agent shall collect all monthly and other assessments and other monies that are due to the Association with respect to the Property and for all rental or other payments from concessionaires, if any. HOWEVER, Agent shall have no authority or respon-sibility to collect delinquent assessments or other charges except to send notices of delinquency in accordance with the Asso-ciation’s Collections Policy and turn over delinquent accounts to the Association’s legal counsel for lien filing and legal action.

2.2 RECORDS OF INCOME AND EXPENDITURES

Agent shall maintain records of all income and expenses relating to the Property, and shall submit to the Association, a state-ment of receipts and disbursements for the preceding month, including a statement of the balance in all Association accounts for the Property. It is understood that all financials are reported to the Association one month in arrears due to the timeliness of receiving statements from respective banks and/or investments accounts.

2.3 PREPARATION OF ANNUAL BUDGET

Sixty days prior to the beginning of each fiscal year Agent shall prepare and submit to the Board a recommended Annual Budget for the next year showing anticipated income and expenses for such year.

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COMMUNITY MANAGEMENT AGREEMENT

9331 Commerce Center Street, Suite A1, Highlands Ranch, CO 80129www.brcrealestate.com

303-804-9800

2.4 SUBMISSION OF ANNUAL REPORT

Manager will complete the Annual Report Registration with Colorado Secretary of State as well as DORA. Costs associated with such registrations will be billed back to the Association.

2.5 MAINTENANCE OF COMMON ELEMENTS

Subject to the direction and approval of the Board, at the expense of the Association and in accordance with the Association’s approved budget and governing documents, Agent shall cause the common elements of the Property to be maintained accord-ing to appropriate standards of maintenance consistent with the character of the Property, including trash removal, landscaping, snow removal, parking lot sweeping, and any other common area maintenance.

2.6 EMPLOYMENT OF PERSONNEL

Intentionally not included

2.7 PAYMENT OF EMPLOYMENT TAXES

Intentionally not Included

2.8 UTILITIES AND SERVICES CONTRACTS

Subject to the direction of the Board and on behalf of the Association, Agent shall negotiate contracts for water, electricity, gas, telephone, and such other services as may be necessary or advisable for the common elements of the Property. Agent shall also purchase on behalf of the Association such equipment, tools, materials, and supplies as are necessary for the proper opera-tion and maintenance of the Property. All such contracts and purchases shall be executed in the name of the Association by its Board of Directors and at its expense.

2.9 PAYMENT OF EXPENSES

From the funds of the Association, Agent shall prepare payment for all expenses of the Property, including taxes, water rates and other governmental charges, and all other charges of the Association with respect to the maintenance or operation of the Property or pursuant to the terms of this Agreement or pursuant to other authority granted by the Board on behalf of the As-sociation. All checks for payment of expenses shall be executed by the signatures of two (2) Board members.

2.10 RECORDS OF INSURANCE

Agent shall maintain appropriate records of all insurance coverage for the Property and the Board of Directors carried by the Association as specified in Section 9.2. Agent shall cooperate with the Board in investigating and reporting all accidents or claims for damage relating to the ownership, operation, and maintenance of the common elements of the Property, including any damage or destruction to them.

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COMMUNITY MANAGEMENT AGREEMENT

9331 Commerce Center Street, Suite A1, Highlands Ranch, CO 80129www.brcrealestate.com

303-804-9800

COMMUNITY MANAGEMENT AGREEMENT

9331 Commerce Center Street, Suite A1, Highlands Ranch, CO 80129www.brcrealestate.com

303-804-9800

COMMUNITY MANAGEMENT AGREEMENT

Section 3 LIMITATION OF EXPENDITURES BY AGENT

In discharging its responsibilities under Section 2 of this Agreement, Agent shall not make any unbudgeted expenditures or incur any non-recurring contractual obligation exceeding $1,000.00 without the prior written consent of the Association through the Board. Notwithstanding these limitations, Agent may, on behalf of the Association and without prior consent of the Board, incur a contractual obligation in any amount required to deal with emergency conditions which may involve a danger to life or property or which may threaten the safety of the Property or the individual owners and occupants or which may threaten the suspension of any necessary service to the Property. Board shall be notified in writing within 24 hours of expenses incurred due to emergency conditions.

Section 4 AGENT NOT RESPONSIBLE FOR MAINTENANCE OF INDIVIDUAL UNITS

Agent shall have no authority or responsibility for maintenance or repairs to the interiors of individual units in the Property. Such maintenance and repairs shall be the sole responsibility of the owners individually.

Section 5 DISPOSITION OF FUNDS

Agent shall, on the behalf of the Association, deposit collections and prepare checks for payment of expenses of the Property as stated below.

5.1 DEPOSIT OF COLLECTIONS

Agent shall deposit all monies collected on behalf of the Association in a bank or other financial institution whose deposits are insured by the federal government or such other depository in the name of and as directed by the Association in writing. The funds of the Association shall at all times be maintained separate and apart from Agent’s own funds and from the funds of any others. Agent shall not be held liable in the event of bankruptcy or failure of such depository. Such operating account shall not be required to bear interest.

5.2 PAYMENT OF EXPENSES

Agent shall pay all expenses of operation and management of the Property from the Association’s funds. Any amounts owed to Agent by the Association shall also be paid from such account at any time without prior notice to the Association. All checks will be prepared by Agent and presented to the Board for approval. Two (2) signatures will be required on each check. Agent’s management fee will be withdrawn by EFT at the beginning of each month.

5.3 AGENT NOT REQUIRED TO ADVANCE FUNDS

Agent shall have no obligation to advance funds to the Association for any purpose whatsoever. Any funds advanced to the As-sociation by Agent shall be repaid to Agent immediately from the Association’s funds. Any sums due to Agent under any provi-sion of this Agreement, and not paid within 30 days after such sums have become due, shall bear interest at the rate of 10% per annum. Advances of funds by Agent to the Association are subject to a ten (10%) percent fee.

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9331 Commerce Center Street, Suite A1, Highlands Ranch, CO 80129www.brcrealestate.com

303-804-9800

COMMUNITY MANAGEMENT AGREEMENT

9331 Commerce Center Street, Suite A1, Highlands Ranch, CO 80129www.brcrealestate.com

303-804-9800

5.4 BONDING OF EMPLOYEES

A bond protecting and naming the Association shall cover all employees of Agent who handle or are responsible for the safe-keeping of any monies of the Association. Such bond shall be in an amount and with a company determined by Agent and may be a blanket or umbrella bond. Agent shall pay the expense of such bonding.

Section 6 ATTENDANCE AT BOARD MEETINGS

Agent, or a designated employee or other representative of Agent, will attend up to ten (10) Board of Directors meetings per year to be scheduled Monday through Thursday daytime or evening. Agent, or a designated employee or other representative of Agent, shall attend one (1) annual meeting of the Association. Meetings are not held in December, unless the Declaration spe-cifically states the Annual Meeting shall be held during that month. Upon not less than 72 hours notice, Agent or its designed representative shall attend any special meetings of the Board or of the Association as requested, provided that the Association shall pay Agent $95.00 per hour for that individual’s attendance at each special meeting. Agent or its representative shall be cus-todian of the official records of the Board and the Association. Board meetings exceeding two hours will be charged at a rate of $75.00 per hour for meeting overage upon agreement with the Board members. Section 7 LIMITATION OF AGENT’S AUTHORITY AND RESPONSIBILITY

Agent’s authority to act for the Property shall be subject to the limitations set forth below.

7.1 STRUCTURAL CHANGES

Agent shall have no authority to make any structural changes in the Property or to make any other major alterations or ad-ditions in or to any building or equipment or common areas, except such emergency repairs as may be required because of danger to life or property or which are immediately necessary for the preservation and safety of the Property or for the safety of the individual owners and occupants or which are required to avoid the suspension of any necessary service to the Property.

7.2 BUILDING COMPLIANCE

Agent shall not be responsible for the compliance of the Property or any of its equipment with the requirements of any building codes or with any statutes, ordinances, laws, rules, or regulations (including those relating to the existence and disposal of solid, liquid, and gaseous wastes and toxic or hazardous substances) of any city, county, state, or federal governments or agencies, or any public authority or official thereof having jurisdiction over it. HOWEVER, Agent shall notify the Association promptly or forward to the Association promptly any complaints, warnings, notices, or summonses received by Agent relating to such mat-ters. The Association represents that to the best of its collective knowledge the Property complies with all such requirements, and the Association authorizes Agent to disclose the ownership of the Property to any such officials and agrees to indemnify, defend, and hold Agent, its representatives, servants, and employees, harmless of an from all loss, cost, expense, and liability whatsoever which may be imposed on them by reason of any present or future violation or alleged violation of such laws, ordi-nances, rules or regulations.

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COMMUNITY MANAGEMENT AGREEMENT

9331 Commerce Center Street, Suite A1, Highlands Ranch, CO 80129www.brcrealestate.com

303-804-9800

COMMUNITY MANAGEMENT AGREEMENT

7.3 AGENT ASSUMES NO LIABILITY

Agent assumes no liability whatsoever for any acts or omissions of the Board or the Association, or any previous boards or cur-rent or previous owners of the Property, or any previous management or other agent of either. Agent assumes no liability for any failure of or default by any individual owner in the payment of any assessment or other charges due the Association or in the per-formance of any obligations owed by any individual owner to the Association, pursuant to any lease or otherwise. Agent likewise assumes no liability for any failure of or defaults by concessionaires in any rental or other payments to the Association. Nor does Agent assume any liability for previously unknown violations of environmental or other regulations, which may become know dur-ing the period this Agreement is in effect. Any such regulatory violations or hazards discovered by Agent shall be brought to the attention of the Association in writing, and the Association shall promptly cure them within a reasonable time.

Section 8 AGENT’S COMPENSATION

8.1 FOR MANAGEMENT SERVICES

The Association shall pay Agent a management fee of $715.00 per month equal to $8,586.00 per year. The management fee shall be paid monthly in advance by EFT. The management fee shall be adjusted annually upon approval by the Board of the Annual Budget and ratification by the owners, which adjustment shall be incorporated into this Agreement by reference. No further charge shall be made by Agent for Agent’s services and other services of Agent’s professional staff, except as otherwise expressly provided in this Agreement.

8.2 CONSTRUCTION, REMODELING, OR OTHER CONTRACTING SERVICES

Agent will be paid a fee of $75.00 per hour for project management of capital repairs or other construction projects. Any project billing and duties will be discussed with, defined and approved in writing by the Board of Directors prior to the project start date.

8.3 FOR OTHER SERVICES/ADMINISTRATIVE EXPENSES (SEE EXHIBIT “A”)

8.4 TRANSITION FEE

Not applicable.

Section 9 OBLIGATIONS OF THE ASSOCIATION

The Association shall insure the Property, Agent, and itself against liability and bear the expense of any and all litigation against the Property, Agent, and the Association as stated below. In addition, the Association shall provide for an initial deposit and contin-gency reserve and, through its Board, approve an Annual Budget for the Property.

9.1 INDEMNIFICATION

Each party shall indemnify, defend, and save the other party harmless from all suits, claims and causes of action except for in-stances of gross negligence, willful action, and fraud, against the other party or its employees in connection with the Property or the management thereof and from liability for damage to property and injuries to or death of any employee or other person. Each party shall pay all expenses incurred by the other party including, but not limited to, all reasonable attorney’s fees, costs, and

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COMMUNITY MANAGEMENT AGREEMENT

9331 Commerce Center Street, Suite A1, Highlands Ranch, CO 80129www.brcrealestate.com

303-804-9800

expenses incurred to represent the other party in regard to any claim, proceeding, or suit in connection with or arising out of this Agreement.

9.2 ESTABLISH AND MAINTAIN LIABILITY INSURANCE

The Association shall carry at its own expense public liability, fire and extended coverage, and worker’s compensation insurance, and such other insurance as may be necessary or appropriate. Such insurance policies shall name both the Association and Agent as insured, and their coverage shall be adequate to protect the interests of both parties and in form, substance, and amounts reasonably satisfactory to Association. The Association shall provide Agent with certificates evidencing such insurance or with duplicate copies of such policies within 30 days from execution of this Agreement. Association shall provide notice of default or cancellation to Agent at least 30 days prior to cancellation or any changes to said policies.

9.3 PAY ALL EXPENSES OF ANY LITIGATION

The Association shall pay all expenses incurred by Agent including Agent’s costs and time, any liability, fines, penalties or the like, settlement amounts, and reasonable attorney’s fees for counsel employed to represent Agent or the Association in any proceed-ing or suit involving any alleged or actual violation by Agent or the Association or the Board, or any combination of all of them with respect to the Property, of any law or regulation of any governmental body pertaining to environmental protection, fair housing or making illegal discrimination on the basis of race, sex, creed, color, religion, national origin, family status, or mental or physical handicap. HOWEVER, the Association shall not be responsible to Agent for any such expenses in the event Agent acted willfully, contrary to the law, or otherwise outside the scope of its authority under this Agreement. Nothing contained in this Agreement shall obligate Agent to employ legal counsel to represent the Board or the Association in any such proceeding or suit.

9.4 PROVIDE FOR INITIAL DEPOSIT AND CONTINGENCY RESERVE

Intentionally not included

9.5 APPROVE ANNUAL BUDGET

Within 30 days of receipt of the recommended Annual Budget prepared by Agent, the Board shall either approve the budget as submitted or provide Agent with written notice setting forth those items which are unacceptable to the Board or provide agent with written notice advising Agent what additional information is required. Upon Board approval and owner ratification, Agent shall be authorized to operate and manage the Property in accordance with the Annual Budget.

Section 10 TERMINATION

10.1 TERMINATION FOR CAUSE

Either party may immediately terminate this Agreement in writing if the other party breaches any of its obligations under this Agreement, provided, however, that the terminating party has sent written notice to the other party of the breach and the breach has not been cured within seven days of the notice date.

10.2 TERMINATION BY THE ASSOCIATION

The Association may cancel this Agreement at any time with or without cause with not less than 30 days prior written notice to Agent.

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COMMUNITY MANAGEMENT AGREEMENT COMMUNITY MANAGEMENT AGREEMENT

9331 Commerce Center Street, Suite A1, Highlands Ranch, CO 80129www.brcrealestate.com

303-804-9800

10.3 RETURN OF ASSOCIATION RECORDS

Upon termination, all records pertaining to the Association or its members by or located with the Manager, whether existing in hard copy, on computer hard drive, or disc, or other information storage system shall be deemed the exclusive property of the Association. Upon termination of this Agreement for whatever reason, Manager shall turn over to the Association all records and property (including, but not limited to, accounts, money, hard copy files, and electronic files) of the Association then in its possession. Nothing in this Agreement shall require Manager to furnish the Association with copies of any programs created by or belonging to Manager used to create or maintain these records. Records will be provided within 15 days after the final date of the contract or agreed upon termination date and upon receipt of final payment of invoice to BRC Community Management.

Section 11 ASSOCIATION RESPONSIBLE FOR PAYMENTS

Upon termination of or withdrawal from this Agreement by either party, the Association shall assume the obligations of any contract or outstanding bill executed by Agent under this Agreement for and on behalf of the Association and responsibility for payment of all unpaid bills. Agent shall deliver to the Association, within fifteen (15) days after the end of the month in which this Agreement is terminated, all accounts and funds of the Association, as well as a final accounting reflecting the balance of in-come and expenses with respect to the Property as of the date of termination or withdrawal, and all records, contracts, leases, receipts for deposits, and other papers or documents, and electronic records of the Association.

Section 12 RELATIONSHIP OF AGENT TO THE ASSOCIATION

The relationship of the parties to this Agreement shall be that of Principal and Agent, and all duties to be performed by Agent under this Agreement shall be for and on behalf of, in the name of and for the account of the Association. In taking any action under this Agreement, Agent shall be acting only as Agent for the Association, and nothing in this Agreement shall be construed as creating a partnership, joint venture, or any other relationship between the parties to this Agreement except that of Principal and Agent, or as requiring Agent to bear any portion of losses arising out of or connected with the ownership or operation of the Property. Nor shall Agent at any time during the period of this Agreement be considered a direct employee of the Associa-tion. Neither party shall have the power to bind or obligate the other except as expressly set forth in this Agreement, except that Agent is authorized to act with such additional authority and power as may be necessary to carry out the spirit and intent of this Agreement.

Section 13 INDEMNIFICATION SURVIVES TERMINATION

All representatives and warranties of the parties contained herein shall survive the termination of this Agreement. All provi-sions of this Agreement that require each Party or indemnify the other party shall survive any termination; and if either party is or becomes involved in any proceeding or litigation by reason of this Agreement, such provisions shall apply as if this Agreement were still in effect.

Section 14 HEADINGS

All headings and subheadings employed within this Agreement are inserted only for convenience and ease of reference and are not to be considered in the construction or interpretation of any provision of this Agreement.

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COMMUNITY MANAGEMENT AGREEMENT

9331 Commerce Center Street, Suite A1, Highlands Ranch, CO 80129www.brcrealestate.com

303-804-9800

Section 15 FORCE MAJEUR

Any delays in the performance of any obligation of Agent under this Agreement shall be excused to the extent that such delays are caused by wars, national emergencies, natural disasters, strikes, labor disputes, utility failures, government regulations, riots, adverse weather, and other similar causes not within the control of Agent, and any time periods required for performance shall be extended accordingly.

Section 16 COMPLETE AGREEMENTS

This Agreement, including any specified attachments, constitutes the entire agreement between the Association and Agent with respect to the management and operation of the Property and supersedes and replaces any and all previous management agree-ments entered into or/and negotiated between the Association and Agent relating to the Property covered by this Agreement. No change to this Agreement shall be valid unless made by supplemental written agreement executed and approved by the Association and Agent. Except as otherwise provided herein, any and all amendments, additions, or deletions to this agreement shall be null and void unless approved by the Association and Agent in writing. Each party to this Agreement hereby acknowledges and agrees that the other party has made no warranties, representations, covenants or agreements, express or implied, to such party, other than those expressly set forth herein, and that each party, in entering into and executing this Agreement, has relied upon no warranties, representa-tions, covenants or agreements, expressed or implied, to such party, other than those expressly set forth herein.

Section 17 RIGHTS CUMULATIVE; NO WAIVER

No right or remedy herein conferred upon or reserved to either of the parties to this Agreement is intended to be exclusive of any other right or remedy, and each and every right and remedy shall be cumulative and in addition to any other right or remedy given under this Agreement or now or hereinafter legally existing upon the occurrence of an event of default under this Agreement. The failure of either party to this Agreement to insist at any time upon the strict observance or performance of any of the provisions of this Agreement, or to exercise any right or remedy as provided in this Agreement, or to exercise any right or remedy or be construed as a waiver or relinquishment of such right or remedy with respect to subsequent defaults. Every right and remedy given by this Agreement to the parties to it may be exercised from time to time and as often as may be deemed expedient by those parties.

Section 18 APPLICABLE LAW AND PARTIAL INVALIDITY

In case any provision of this Agreement or any agreement or instrument executed in connection herewith shall be invalid, illegal or unenforceable, such provisions shall be enforced to the fullest extent permitted by applicable law, and the validity, legality and enforceability of the remaining provisions hereof and thereof shall not in any way be affected or impaired thereby.

Section 19 NOTICES

Any notice required or provided for in this Agreement shall be in writing and shall be addressed as indicated below or to such other address as Agent or the Association may specify hereinafter in writing.

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COMMUNITY MANAGEMENT AGREEMENT COMMUNITY MANAGEMENT AGREEMENT

9331 Commerce Center Street, Suite A1, Highlands Ranch, CO 80129www.brcrealestate.com

303-804-9800

19.1 TO AGENT

BRC Community Management9331 Commerce Center Street, Suite A1Highlands Ranch, CO 8012919.2 TO THE ASSOCIATION

_____________________________________________________________________

19.3 DELIVERY OF NOTICES

Notices or other communications between the parties to this Agreement may be mailed by United States registered or certi-fied mail, return receipt requested, postage prepaid, and may be deposited in a United States Post Office or a depository regu-larly maintained by the post office. Such notices may also be delivered by hand or by any other receipted method or means permitted by law. For purposes of this Agreement, notices shall be deemed to have been ““given” or “delivered” upon personal delivery thereof or 72 hours after having been deposited in the United States mails provided herein.

Section 20 AGREEMENT BINDING ON SUCCESSORS AND ASSIGNS

This Agreement shall be binding upon and inure to the benefit of the successors and assigns of Agent and the heirs, administra-tors, successors, and assigns of the Association. Notwithstanding the preceding sentence, Agent shall not assign its interest under this Agreement except in connection with the sale of all or substantially all of the assets of its business. In the event of such sale, Agent

shall be released from all liability under this Agreement upon the express assumption of such liability by its assignee. Agent will give Association 60 days written notice of any pending sale.

Section 21 ADDITIONS TO CONTRACT

Intentionally not included

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COMMUNITY MANAGEMENT AGREEMENT

9331 Commerce Center Street, Suite A1, Highlands Ranch, CO 80129www.brcrealestate.com

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SIGNATURES

IN WITNESS WHEREOF, the parties hereto have affixed or caused to be affixed their respective signatures this ___ day of ____________, 201__.

Witness: __________________________ Board: __________________________________ __________________________, President

Agent: __________________________________

Firm: BRC Community Management By: ___________________________________

9331 Commerce Center Street, Suite A1, Highlands Ranch, CO 80129www.brcrealestate.com

303-804-9800

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COMMUNITY MANAGEMENT AGREEMENT

9331 Commerce Center Street, Suite A1, Highlands Ranch, CO 80129www.brcrealestate.com

303-804-9800

SIGNATURES

IN WITNESS WHEREOF, the parties hereto have affixed or caused to be affixed their respective signatures this ___ day of ____________, 201__.

Witness: __________________________ Board: __________________________________ __________________________, President

Agent: __________________________________

Firm: BRC Community Management By: ___________________________________

EXHIBIT “A”: ADMINISTRATIVE SERVICES AND FEE SCHEDULE

9331 Commerce Center Street, Suite A1, Highlands Ranch, CO 80129www.brcrealestate.com

303-804-9800

EXHIBIT “A”ADMINISTRATIVE SERVICES AND FEE SCHEDULEFEE SCHEDULE:

The following fee schedule are chargeable monthly to the Association on an as used basis. Prices include the staff time to produce, make and collate, stuff, etc. Prices are subject to change at annual agreement renewal time.

ADMINISTRATIVE SERVICES:

The following hourly rates will be charged for services requested by the Board that fall outside the definition of routine and customary. Rates are subject to change at Annual Agreement renewal time.

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a division of brc real estate

EXHIBIT “A” ADMINISTRATIVE SERVICES AND FEE SCHEDULE

FEE SCHEDULE: The following fee schedule are chargeable monthly to the Association on an as used basis. Prices include the staff time to produce, make and collate, stuff, etc. Prices are subject to change at annual agreement renewal time.

B&W Copies $.10 Monthly Historical File Storage Color Copies $.25 1 to 5 boxes $5.00/mth Envelopes $.10 5 to 10 boxes $10.00/mth Window Envelopes $.12 10 to 15 boxes $15.00/mth Cardstock $.10 15 boxes and above $20.00/mth Colored Paper $.05 Newsletter Preparation $100/nwsltr Check Stock $.25 Website Maintenance $35/mth Coupon Books $5.00 Collections Schedule Annual Coupon Book Order Cost + 10% NSF Fee (Billed to Owner) $20/occur Demand Letter (Billed to Owner) $50

ADMINISTRATIVE SERVICES: The following hourly rates will be charged for services requested by the Board that fall outside the definition of routine and customary. Rates are subject to change at Annual Agreement renewal time.

Clerical $50.00 Bookkeeping $50.00 Community Manager $95.00 Accounting Manager $75.00 Court time $95.00 Inspections Additional walking/driving inspections, annual inspection $75.00 (over one per year for 2 hours) Emergency Callout Business Hours $95.00 Emergency Callout—After hours/weekends $150.00 Emergency Callout—Holidays $200.00 Meetings Weekday Meeting Overage (M-TH) (over 2 hours) $95.00/per hr. Weekday Additional Meeting (2 hours) $200.00/per mtg. Weekend Meeting (2 hours) $300.00/per mtg.

1 | P a g e

a division of brc real estate

EXHIBIT “A” ADMINISTRATIVE SERVICES AND FEE SCHEDULE

FEE SCHEDULE: The following fee schedule are chargeable monthly to the Association on an as used basis. Prices include the staff time to produce, make and collate, stuff, etc. Prices are subject to change at annual agreement renewal time.

B&W Copies $.10 Monthly Historical File Storage Color Copies $.25 1 to 5 boxes $5.00/mth Envelopes $.10 5 to 10 boxes $10.00/mth Window Envelopes $.12 10 to 15 boxes $15.00/mth Cardstock $.10 15 boxes and above $20.00/mth Colored Paper $.05 Newsletter Preparation $100/nwsltr Check Stock $.25 Website Maintenance $35/mth Coupon Books $5.00 Collections Schedule Annual Coupon Book Order Cost + 10% NSF Fee (Billed to Owner) $20/occur Demand Letter (Billed to Owner) $50

ADMINISTRATIVE SERVICES: The following hourly rates will be charged for services requested by the Board that fall outside the definition of routine and customary. Rates are subject to change at Annual Agreement renewal time.

Clerical $50.00 Bookkeeping $50.00 Community Manager $95.00 Accounting Manager $75.00 Court time $95.00 Inspections Additional walking/driving inspections, annual inspection $75.00 (over one per year for 2 hours) Emergency Callout Business Hours $95.00 Emergency Callout—After hours/weekends $150.00 Emergency Callout—Holidays $200.00 Meetings Weekday Meeting Overage (M-TH) (over 2 hours) $95.00/per hr. Weekday Additional Meeting (2 hours) $200.00/per mtg. Weekend Meeting (2 hours) $300.00/per mtg.

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Castlewood Ranch Single Family HomesCastle Rock, CO 80104 Coral Place at the DTC Single Family Luxury Homes 4950 S. YosemiteGreenwood Village, CO 80111 Cornerstone Townhomes Townhomes 9700 Dahlia LaneThornton, CO 80229 The Cove at Grant Ranch Single Family Luxury Homes 5000 S. Allison WayLittleton, CO 80123

Highline Meadows Condominiums/Townhomes50 E. Highline CircleCentennial, CO 80121 Johnstown Farms Single Family Homes 201 Dee RoadJohnstown, CO 80534 Long Meadow Estates Luxury Duplexes 5100 Long Meadow LaneGreenwood Village, CO 80111 Park Ridge Office Suites Office Suites 10455 Park Meadows DriveLone Tree, CO 80124 Parkway Condominiums 1226 S. Monaco ParkwayDenver, CO 80224 Pioneer Ridge Single Family Homes 1710 Canvasback DriveJohnstown, CO 80534 Pioneer Ridge II Single Family Homes 51 White Wing CourtJohnstown, CO 80534

9331 Commerce Center Street, Suite A1, Highlands Ranch, CO 80129www.brcrealestate.com

303-804-9800

MANAGED COMMUNITY ASSOCIATIONSMANAGED COMMUNITY ASSOCIATIONS

Platte River Plaza Office SuitesBrighton, CO

Rembrandt Place Townhomes4200 E. Maplewood WayCentennial, CO 80122

Sapphire Pointe Single Family HomesCastle Rock, CO 80108

Second Jefferson Green Townhomes3355 S. Flower StreetLakewood, CO 80227

The Settlement TownhomesLittleton, CO 80127

Southbridge 7 Single Family Homes 400 W. Jamison CircleLittleton, CO 80120

Stonybridge Villas TownhomesHighlands Ranch, CO Verandah Court Single Family Homes 7635 Verandah CourtLittleton, CO 80125 Youngstown Terrace Condominiums 6240 Everett CourtArvada, CO 80004 Canyon View Warehouses Personal Warehouses 881 Brickyard CircleGolden, CO 80403 Tyndall Green II Townhomes Aurora, CO

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MANAGED COMMUNITY ASSOCIATIONSMANAGED COMMUNITY ASSOCIATIONS

9331 Commerce Center Street, Suite A1, Highlands Ranch, CO 80129www.brcrealestate.com

303-804-9800

MANAGEMENT REFERENCES

Priscilla Hickey, Board President Long Meadow Estates HOA5115 Long Meadow Circle Greenwood Village, CO Greenwood Village, CO 80111303.773.3467

Paul Kingsolver, Board President Pioneer Ridge1549 Goldeneye Drive Johnstown, COJohnstown, CO 80534970.587.2976

David Grant, Board President Pioneer Ridge IIRyland Homes Johnstown, CO8100 E. Maplewood Englewood, CO 80112 303.486.5018

John MacDonald, Board Member Coral Place HOA2 Coral Place Greenwood Village, CO Greenwood Village, CO 80111 [email protected]

Chris Livesay, Board Treasurer Parkway Condominiums7154 S. Eudora Court Denver, CoCentennial, CO 80122303.913.2977

Jeffrey Smith, Board President Southbridge 7539 W. Jamison Circle Littleton, COLittleton, CO 80120303.921.9099

Kurt Boatright, Board President Park Ridge Office Suites10465 Park Meadows Drive, Suite 205 Lone Tree, COLone Tree, CO 80124303.708.1886

Sharon Kellogg, Board President Highline Meadows Condominium Association354 E. Highline Circle Centennial, COCentennial, CO 80122303.889.9769

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9331 Commerce Center Street, Suite A1, Highlands Ranch, CO 80129www.brcrealestate.com

303-804-9800

MANAGEMENT TEAM PROFILE

Real Estate Background

• Custom home building sales in Nebraska • Experience in PUD management and development• Licensed Colorado Real Estate Broker

Community Management

• Neighborhood shopping centers, office buildings, apartment complexes, wide range of HOA communities and single family homes for 30 years• Colorado resident for 25 years

Management Portfolio

• Office & Industrial Buildings• Over 4,000 multi-family units• Ownership and board experience in Owners Associations

Professional Affiliations

• Institute of Real Estate Management• Served as Chapter President 1997• CPM of the year 1999• Denver Board of Realtors• Denver Metro Commercial Board of

Realtors• Community Associations Institute

Community Management

• 9 years managing Covenant Controlled Communities• 20 years Construction Industry experience• 4 years Real Estate Industry experience

Management Portfolio

• Currently managing a portfolio to include commercial condominium associations• Expertise in mature communities facing issues surrounding theirmaturity

Professional Affiliations

• Community Associations Institute• Leadership Douglas County• Vistage

Executive Vice PresidentCommunity Manager

Chief Operating OfficerCommunity Manager

Victoria Peppers, CPM® Denise Haas, CMCA®, AMS©

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MANAGEMENT TEAM PROFILE

Balance Balance 5/31/2013 4/30/2013 Change

Sample AssociationBalance Sheet Comparison

Report As Of 5/31/2013

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Liabilities and Equity

Liabilities

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