RESOLUTION OF THE BOARD OF DIRECTORS
EVERGREEN COMMUNITY ASSOCIATION
RECITALS
Whereas, the Association CC&Rs provide a general duty to maintain and repair the Association
Maintenance Area/Common Area, and Owners must maintain and repair all portions of their Lot,
except for those parts of a Lot which the Association is expressly required to maintain.
Whereas, the CC&Rs do not specifically address damage which may emanate from an
Association Maintenance Area component and subsequently impact an Owner’s Residence.
Whereas, “The Association’s Board of Directors, working with its legal counsel, has reviewed
the CC&R’s. Counsel has offered a proposal which limits the Association responsibility to
compensate a homeowner up to, but not exceed, the individual homeowner’s insurance
deductible.
RESOLUTION
It is hereby resolved that effective May 20, 2021, the Board of Directors adopts the following
policy: Absent insurance resources available pursuant to the Association’s governing documents,
or through an Owner’s own insurance resources, the Evergreen Community Association will not
compensate, nor be financially obligated to pay, for any costs resulting from water intrusion
(including mold remediation) into a Residence through an Association maintained component,
without an affirmative showing that the damage was caused by the negligence of the
Association. The Association will compensate up to, but not exceed, Five Hundred Dollars
($500.00) to reimburse a homeowner for the individual homeowner’s insurance deductible if it is
determined that water entered into a Residence through an Association maintained component.
This Resolution is adopted and made part of the minutes of the May 20, 2021 meeting of the
Board of Directors.