Corporate records

Montana law (MCA 35-2-906) requires that the Board maintain the following records (written or digital):

• Minutes of all meetings of its members and board of directors, a record of all actions taken by the members or directors without a meeting.
  • Resolutions adopted by its board of directors relating to the characteristics, qualifications, rights, limitations, and obligations of members.
  • Minutes of all meetings of members and the records of all actions approved by the members for the past 3 years
• Accounting records.
  • Financial statements available to members for the past 3 years.
• Record of members.
  • Names and business or home addresses of current directors and officers
• Articles or restated articles of incorporation and all amendments to them currently in effect.
  • Bylaws or restated bylaws and all amendments to them currently in effect.
• Most recent annual report delivered to the Secretary of State.

Inspection of records by members

• A member is entitled to inspect and copy, at a reasonable time and location specified by the Board, records of the corporation if the member gives written notice at least 5 business days before the date on which the member wishes to inspect and copy.
• A member is entitled to inspect and copy any of the following records:
  • Excerpts from records required to be maintained,
  • Accounting records of the corporation,
  • Membership list.
• A member may inspect and copy the records only if:
  • The member’s demand is made in good faith and for a proper purpose,
  • The member describes with reasonable particularity the purpose and the records the member desires to inspect,
  • The records are directly connected with this purpose.

• Wherever feasible, solar panels must be installed on the rear of the home, away from the street or primary public view.
• Panels must be mounted flat against the roof, ensuring they are parallel to the roof line and do not extend beyond the roof’s edge.
• Electrical connections and other components should be located directly under and  within the perimeter of the panels, and must be placed as inconspicuously as possible.
• No part of the installation may be installed in a common area.
• Panels and frames must be a color that blends with the home’s aesthetics.

Continuous concrete curbing is recommended for replacement or major repair of landscape edging. Other materials will require prior approval by the Board.

Fences require prior approval from the Board of Directors. Before building a fence, the unit owner must submit a written request to the Board, including a detailed diagram of the proposed fence location. The proposal must specify:

• 4-foot high (maximum) vinyl fencing, and it must match existing fences.
• 54-inch gate(s), with at least one unlocked entrance.

After the Board receives the plans and specifications, they will review and respond with any additional information or questions that are needed. If the Board has not approved in writing within 45 days after submission, they shall be deemed disapproved.

If the fence is approved, required building permits must be posted. Sprinkler and utility lines must be flagged until construction is complete and sprinklers are relocated. Repositioning of sprinklers must be accomplished by H2 Lawn and Snow, at the unit owner’s expense. Ground maintenance cost increases resulting from unit-owner-installed structures (e.g., extra cost of trimming, mowing, etc.) are the responsibility of the unit owner.

If improvements made by a homeowner would require a building permit, as determined by city code, the Board will require the homeowner to present a copy of the building permit prior to the Board considering the request.

In the interest of responsible financial stewardship, the Association will observe a policy of maintaining a reserve account in an amount that corresponds to one-half of the Association’s annual budget. The primary purpose of the reserve account is to pay for significant unexpected expenses. When the reserve balance falls short of that target, the Treasurer will transfer on a monthly basis a budgeted amount from the checking account to the reserve account; in those months that the reserve balance exceeds the target balance, there will be no cash transfer.

City ordinances cover barking dogs or leash violations; homeowners should contact Billings Animal Control/Police with their complaints.

Individual pet owners are responsible for repairing damage to lawns and property caused by their pets.

For other pet-related issues, members should file a complaint with the Board for further action.

The Board may respond to complaints about an individual homeowner manually opening common irrigation water valves or controllers by applying an assessment against that homeowner amounting to 1/28 of that month’s water bill, in addition to the regular HOA fee.