(1) Except as provided in subsections (2) and (3) of this section, and subject to the provisions of the declaration, the association, without specific authorization in the declaration, may:
Adopt and amend bylaws and rules and regulations;
Adopt and amend budgets for revenues, expenditures, and reserves and collect assessments for common expenses from unit owners;
Hire and terminate managing agents and other employees, agents, and independentcontractors;
Institute, defend, or intervene in litigation or administrative proceedings in its ownname on behalf of itself or two or more unit owners on matters affecting the common interest community;
Make contracts and incur liabilities;
Regulate the use, maintenance, repair, replacement, and modification of common elements;
Cause additional improvements to be made as a part of the common elements;
Acquire, hold, encumber, and convey in its own name any right, title, or interest toreal or personal property, subject to the following exceptions:
Common elements in a condominium or planned community may be conveyed orsubjected to a security interest only pursuant to section 38-33.3-312; and
Part of a cooperative may be conveyed, or all or part of a cooperative may be subjected to a security interest, only pursuant to section 38-33.3-312;
Grant easements, leases, licenses, and concessions through or over the common elements;
Impose and receive any payments, fees, or charges for the use, rental, or operation ofthe common elements other than limited common elements described in section 38-33.3-202 (1)(b) and (1)(d);
(I) Impose charges for late payment of assessments, recover reasonable attorney feesand other legal costs for collection of assessments and other actions to enforce the power of the association, regardless of whether or not suit was initiated, and, after notice and an opportunity to be heard, levy reasonable fines for violations of the declaration, bylaws, and rules and regulations of the association.
(II) The association may not levy fines against a unit owner for violations of declarations, bylaws, or rules of the association for failure to adequately water landscapes or vegetation for which the unit owner is responsible when water restrictions or guidelines from the local water district or similar entity are in place and the unit owner is watering in compliance with such restrictions or guidelines. The association may require proof from the unit owner that the unit owner is watering the landscape or vegetation in a manner that is consistent with the maximum watering permitted by the restrictions or guidelines then in effect.
Impose reasonable charges for the preparation and recordation of amendments to thedeclaration or statements of unpaid assessments;
Provide for the indemnification of its officers and executive board and maintaindirectors' and officers' liability insurance;
Assign its right to future income, including the right to receive common expenseassessments, but only to the extent the declaration expressly so provides;
Exercise any other powers conferred by the declaration or bylaws;
Exercise all other powers that may be exercised in this state by legal entities of thesame type as the association; and
Exercise any other powers necessary and proper for the governance and operation ofthe association.
The declaration may not impose limitations on the power of the association to dealwith the declarant that are more restrictive than the limitations imposed on the power of the association to deal with other persons.
(a) Any managing agent, employee, independent contractor, or other person acting on behalf of the association shall be subject to this article to the same extent as the association itself would be.
(b) Decisions concerning the approval or denial of a unit owner's application for architectural or landscaping changes shall be made in accordance with standards and procedures set forth in the declaration or in duly adopted rules and regulations or bylaws of the association, and shall not be made arbitrarily or capriciously.
(4) (a) The association's contract with a managing agent shall be terminable for cause without penalty to the association. Any such contract shall be subject to renegotiation.
(b) Notwithstanding section 38-33.3-117 (1.5)(g), this subsection (4) shall not apply to an association that includes time-share units, as defined in section 38-33-110 (7).
Source: L. 91: Entire article added, p. 1735, § 1, effective July 1, 1992. L. 2005: IP(1) amended and (3) and (4) added, p. 1382, § 12, effective January 1, 2006. L. 2013: (1)(k) amended, (SB 13-183), ch. 187, p. 758, § 4, effective May 10.