Mapleton LLC/MHA Management Plan

The MHA is leasing the property from Mapleton LLC as a business venture entered into with a spirit of cooperation between MHA and Mapleton LLC. The MHA is a non-profit corporation in good standing with the State of Colorado and the Federal Government.

The purpose of the MHA / Mapleton LLC Management Plan is to state the principles under which the Mapleton Mobile Home Park shall be operated and the division of responsibilities among MHA, their management company, and (Mapleton LLC, the owner. This document may be updated by MHA yearly, six months prior to the Management Company contract renewal, with the approval of Mapleton LLC.

The goals of MHA and Mapleton LLC are to ensure resident satisfaction and the long-term financial and physical well being of the Mapleton Mobile Home Park through a program of resident responsibility for property management. Both MHA’s and Mapleton LLC’s mutual goals are to provide quality services at a affordable price. Both organizations are looking to the property management company as a conduit to continue to build community and provide excellent service. Decision making authority is meant to maximize residents’ self management, provide stewardship of the land for use by future generations while reducing Mapleton LLC’s financial risk. MHA may make the majority of operational decisions but those decisions that affect stewardship of the land and or bear a fiscal impact on Mapleton LLC must have Mapleton LLC agreement. In those cases of disagreement, see Grievance Policy and Procedure

1. Maintain security, stability, and sustainability as a modern mobile home park

3. Grandfather current homeowners at point of park purchase in their choice of affordability tier, up to 60% of the Area Median Income (AMI) resale restriction, non-disclosure for Affordability Certification ? (Ben to e-mail / move below as an example? Or use ‘for example’)

4. Maintain permanent affordability for all residents without compromising the financial sustainability of the Park.

The MHA Mapleton LLC Management Plan is designed to realize these principles, to ensure decisions will be made to maximize resident control over both management and financial decisions of the park, to ensure residents will have the ability to control the park in which they live. Residents will determine what they can do in the park through the Management Committee, how their lot fees are spent and allocated though the Finance Committee, and how the physical aspects of the park shall evolve through the Site Committee. All of these decisions shall be made to best further the four goals of the MHA and to further ensure permanent affordability and resident control and to ensure financial sustainability of the Park while allowing Thistle to meet its Park financial obligations.

All adult residents of the Park shall automatically be a member of the MHA; that is to say that anyone currently on an MHA lot lease, who is residing in the Park and over 18 years of age shall be a member of the MHA and is entitled to sit on committees. Each unit shall have ONE vote, no matter how many members are living there.

Members of MHA shall be given equal opportunity in the park's decision-making processes. All members shall have equal opportunity to participate in the park's operations and decisions through committees and community meetings, and therefore each resident shall have an equal opportunity to control the park in which they live. No two members of a household may hold elected positions at the same time, though any member may be able to serve on another committee not shared or chaired by another member of the same household. Any committee member must declare his / her personal interest in a given issue and recuse him / her self from decision making on it (Should there be any delineation between the # of market representation from the number of affordable representation? Will too much representation from one group without the participation of the other effect the validity of decision making? NO membership open to all due to concerns about confidentiality. TCH struggle with at Blue Vista – effects decisions around HOA fees and setting rents / protections in place with state and city funding limiting rent increases)

MHA Board elected by residents to execute these principles as set forth in the Bylaws. The MHA Committee structure shall include:

· a Management Committee to oversee welfare of the Park and Rules and Regulations under which the Park is operated, oversee the operations budget and general park management by the Management Company;

· A Finance Committee to determine how lot fees are allocated and spent for long-term investments and how any Reserve Fund shall be invested and used;

· a Site Committee to determine how the physical aspects of the Park shall evolve.

Each Committee is interdependent with the other two and will work cooperatively to make the necessary financial and management decisions for the highest welfare of the park and its residents.

The Board of MHA officers constitute a President, Vice President, Secretary, Treasurer, Chair of the Management Committee and Chair of the Site Committee who shall be democratically elected by the membership as outlined in the MHA Bylaws. They are the ultimate body in the decision making process for the MHA and are legally responsible for decisions and consequences of the MHA. Because they are ultimately responsible they shall oversee any and or all processes or decisions of the MHA in a way they deem best for the membership.

The MHA Bylaws describe how the MHA Leadership shall be determined and how the MHA organization shall operate. The MHA Bylaws have a role in the decision-making process by stating how many votes a household may have and the quorum required to pass a specific measure. The MHA Bylaws are determined by the membership and can be modified by the membership as outlined in the Bylaws.

The MHA Finance Committee is the MHA instrument for final financial recommendations to be presented to the Board. It consists of the elected office of Treasurer, who is the chair of that committee and of the members of the committee. This committee makes recommendations to the MHA Board for budgetary considerations determined by the Management Committee as well as long-term financial decisions of the park in consultation with Mapleton LLC.

The MHA instrument for routine management decisions and recommendations to the MHA Board is the MHA Management Committee. It consists of the elected office of Chairperson, and other members of that committee. This committee is responsible for the daily operation and routine management decisions of the park. They oversee the monthly functions of the Management Company and work with Mapleton LLC to ensure effective day-to-day operations. The MHA Board of elected officers ultimately oversees this committee. Each member of the Management Committee will be required to sign a confidentiality agreement as part of their committee service.

The MHA designatee for crisis management decisions is the Management Committee Chairperson. The Management Chairperson is an elected representative of the community who will be contacted if an immediate management decision must be made. The Chairperson works with the Management Company as the final decision maker in emergencies. In the event of this person’s absence the President or Vice President of MHA will be called upon to make such determination. If unreachable, then the Mapleton LLC designatee will be contacted. The Management Chairperson is an elected MHA board official and elected as outlined in the MHA Bylaws.

The MHA instrument for park layout and infrastructure recommendations to the MHA Board is the MHA Site Committee. It consists of the elected Chairperson and other members of the committee. This committee is responsible for the park layout-and infrastructure recommendations in accordance with the Master Site Plan.

· Mobile Home pads – Currently 129 home sites are rental (currently with 2 staff units); Site has capacity for 6 more units over time. The homes are owner occupied. Some are permanently affordable and some are market rate with no resale restrictions.

· Laundry washhouse on site. Future site of a community center per the Master Site Plan

The Mapleton Mobile Home Park land and the structures are separated. The land is owned by Mapleton LLC,. The resident owns their mobile home and/or any other structures one their homesite.. A 99-year renewable Land Lease governs the MHA/Mapleton LLC relationship. The MHA pays a monthly fee to Mapleton LLC for the administration of the program and land taxes. There is a resale restriction and a buyer qualification process if a home in an affordable tier is resold.

The MHA/Mapleton LLC Master Land Lease is the legal instrument allowing MHA to lease the land from Mapleton LLC. It affects the decision-making process by outlining what the physical land of the park may be used for and the legal responsibilities of the MHA and Mapleton LLC.

Mapleton Improvements

Mapleton LLC and MHA are mutually responsible for infrastructure improvements on the land. MHA and Mapleton LLC are mutually responsible as stewards to see that debts on the land are paid and the land is maintained as a sustainable resource for future generations (refer to Master Land Lease)

a. First 3 months – (if needed) MHA in conjunction with Mapleton LLC oversees management company and transition planning:

b. After 3 months MHA oversees management company which provides MHA & Mapleton LLC with: financial reports: monthly financials and quarterly reports maintenance report: summary of monthly activity and quarterly report

· Management Company will be responsible for debt service payments from park revenue.

· Park Revenue will provide adequate funding for infrastructure improvements and reserves upon mutual agreement.

· Opportunities for people to move on to traditional homeownership if they so choose

· Long term resident stability in the park (10 year average resident stay in the park – as of 2002 survey)

1. Population characteristics based on an August 2002 survey of Park residents (with 80% return rate or 102 households (?). The information will be updated with 2004 information as we have it)

· 40% of Mapleton residents earn below 30% of the Area Median Income ($23,500 annual income for a family of three).

Please note of 113 (should this be 102 as stated in #1 above?) households responding, 35 (27%) residents are 55 and older and the number may be higher because 17 households did not respond to the survey.

· 1.5 miles to downtown Boulder (Pearl Street Mall), across the street from a church, _ mile away from several grocery stores, commercial center, bus routes, bike path and feeder roads to major thoroughfares -- such as 28th Street one block to the east, Folsom Avenue to the west, and Valmont Road to the north

· The public library is located 2.0 miles away, the University of Colorado 1.0 miles away, Boulder High School 1.5 miles away, Crestview Elementary 1.5 miles away, and Whittier Elementary 1.0 miles away.

· The park is surrounded by single-family homes (average price range $300,000 to $350,000), condos ($200,000 to $250,000) and rental apartments with average rents at about $1000 per month.

· Major recreational areas nearby include Boulder Creek and the Boulder Creek Bike Path (1.0 miles away); and the mountain foothills and hiking trails located on the western edge of the city of Boulder (2.5 miles away).

· The mobile home lots at Mapleton are rented to mobile home owners. The average size of lots is 65 to 75 feet long x 35 feet wide. There are some irregular shaped lots located on corners and curves. Mobile home types are a mixture of mostly singles and two double-wides, older homes and newer homes. All homes have skirting, some have awnings, construction varies at each home. All homes have concrete runners. Homes range in size from 200 square feet to 1345 square feet.

· Target market: affordable housing, retirees, low income and mobile home owners. Mapleton LLC with support from MHA and the management company will oversee the resale process to ensure all Federal fair housing and affordability requirements are met;

· Advertising: for affordable housing will employ commercial media, brochures, signs, websites, newsletters and word of mouth. Individual homeowner will work with the management company, MHA and Mapleton LLC (affordable rent tier homes only) to facilitate the sale of his/her home. Individual homeowner will be responsible for ensuring the sale of home to a qualified buyer.

· Mapleton LLC will individually income & asset-qualify potential Mapleton homeowners and will maintain a potential residents wait list;

· Mapleton LLC and MHA will provide ongoing CLT orientations for new potential homeowners.

· Maintain infrastructure: roads, utilities, outdoor plumbing bibs, and laundry building

2. Maintain curb appeal: Management company to oversee and report the condition of:

· Emergency: site manager responds; management company, MHA management committee chair or designee/Mapleton LLC,

· Capital Improvement Projects: (defined as anything that costs $5,000 or more and has a expected life of 3 or more years) MHA/Mapleton LLC initiate with mutual agreement; Management company administers as assigned

· Maintenance is the care and work necessary to keep a property in good physical and operating condition and appearance.

1. Preventative – scheduled (for example: tree trimming, Sewer flushings) MHA / Mapleton LLC review

2. Corrective – complete in 24 hours (for example: Garvin cleans sewer lines same as above here – board ups from damage etc.) management company, MHA, notify Mapleton LLC

4. Routine – planned work & replacement (Pavement, snow removal, tree trimming, etc.) Management Company, MHA,

5.Emergency – unplanned (fire, breakage in sewer line) on-site manager, management company, management committee chair or designee, Mapleton LLC notified

· Mapleton LLC will work, with MHA’s support, to advocate sewer warranty line issues and testing with the COB results being given to MHA & management company

· MHA/Mapleton LLC will work to plan and phase in improvements to park infrastructure and mutually help find additional grant funds for the work with an understanding that future replacement will come out of Park reserves

· Mapleton LLC will oversee the initial infrastructure improvements, financed through the closing funds. MHA and Mapleton LLC will mutually sign off on a phasing plan (such as scope of work, budget and update schedule) that both entities will help to implement, with regular updates. Ongoing oversight and investment for future infrastructure improvements will be agreed to by MHA/Mapleton LLC.

· Mapleton LLC will provide technical assistance at Mapleton LLC expense with financial support from Park revenue.

· MHA and Mapleton LLC will agree on a maintenance schedule for capital improvements

· MHA and Mapleton LLC will review with the management company any maintenance plans.

· Mapleton LLC/MHA will check that the upkeep of the property is in accordance with City Standards, MHA/Mapleton LLC requirements, and lender requirements;

1. Chart of accounts: over the first 6 months management company & Mapleton LLC to determine appropriate chart of accounts to use to match Mapleton LLC Mapleton LLC reporting requirements

· MHA/Mapleton LLC must be able to audit management company books on annual basis in accordance with HUD standards for affordable housing

· Bank Accounts: Security Deposit (if applicable) Operating, Replacement Reserve, Surplus Revenue and any other accounts that are mutually agreed upon

software or compatible software that provides necessary reports for financials and affordable housing compliance.

· Any software change requires approval of Mapleton LLC before the change is made

4. Operating Budget preparation: MHA and Mapleton LLC provide a framework to the management company for the budget based on actuals / historical information provided by the management company. Management company prepares with input from MHA management committee for sign off and approval by MHA Board and Mapleton LLC. Draft budget needs to be done and submitted to MHA/Mapleton LLC at least 60 days before the end of the fiscal year.

· Operating Budget “A plan of expected income and expenses for the fiscal year”

· Capital Budget and proforma preparation. Mapleton LLC/MHA submit requests for future and scheduled capital expenses to be incorporated and approved into final budget process as above.

· Capital Budget “A plan of expected income and expenses to accomplish a specific project when the cost is too high to be placed in the operation budget and the completion may extend beyond a normal budget period”

5. Purchasing procedures/limitations: Management company follows management committee guidelines

6. Management Insurance requirements: site staff bonded thru Management company policy; Management company must carry adequate liability for all parties including Directors insurance.

7. Mapleton LLC will be responsible with MHA and management company support for affordability compliance in the park. Mapleton LLC along with the property Management company will take the lead for the reporting requirements to funders

8. MHA and Mapleton LLC will agree on an initial proforma, rents and operating budget upon closing

9. MHA and Mapleton LLC has ongoing right of approval for significant budget variances during the budget year.

10. MHA and Mapleton LLC will ensure that the management company is making tax payments, insurance payments, and loan payments on time.

11. MHA and Mapleton LLC will review all monthly, quarterly and annual financial statements

12. MHA and Mapleton LLC will work to manage park risk by ensuring proper insurance coverage and minimizing the potential exposure of the Mapleton LLC to claims

13. MHA and Mapleton LLC will provide direction to the property management company to generate all reports required by grant funders and lenders;

14. Mapleton LLC will review all revenue and expense reports with its accountant and provide MHA with reports.

15. MHA and Mapleton LLC will jointly review operating budget to monthly and quarterly reports comparing between the expense budget to the actual expenditures of both organizations.

Mapleton LLC is the owner of the land and leases it to the MHA. Income for expenses is paid from loans, grants and park revenue. The Management Company is contracted by MHA and reports to the MHA. As lessee, MHA is responsible for day-to-day operations of the Park and Park maintenance. MHA and Mapleton LLC are mutually responsible for capital improvements to the Park's infrastructure.

a. As lessor, Mapleton LLC has a role to monitor the park’s fiscal performance by reviewing accounting procedures and to be assured through participation at MHA Board meetings, committees and via reports that the MHA is providing sound fiscal advice and decisions and implementing practical procedures with its contractor, the Management Company. Mapleton LLC will also work in consultation with the MHA in the preparation and administration of a capital replacement reserve.

I. As lessee MHA is responsible for maintaining the Park through the Management Company. Mapleton LLC may choose to have a representative or designee, with relevant skills and experience present at meetings between the MHA and the Management Company.

II. MHA will provide Mapleton LLC with reports, through its management company, as outlined below. MHA is also responsible for setting up procedures with the Management Company for day-to-day operations:

XI) Affordability Requirements that require interface with Mapleton LLC such as compliance and re-sales / leasing of affordable homes

MHA and Mapleton LLC are mutually responsible for capital improvements, including infrastructure upgrades that exceed $5,000:

a. Mapleton LLC will specify jobs and obtain bids for infrastructure work related to the purchase proforma .

A. All improvements and upgrades will be mutually authorized by the MHA and Mapleton LLC.

B. Supervision of contractors and quality of work will for the initial work in the purchase proforma be the responsibility of Mapleton LLC but future work will be the shared responsibility of the MHA and Mapleton LLC. Work done under the purchase proforma will be done in consultation with the MHA and possibly the management company as these projects directly impact MHA residents.

C. MHA Finance and Management Committees may submit requests for Capital Improvements to the Board.

1. Rent collection system: site manager receives and records; site manager delivers to management company main office bookkeeper to enter and deposit. Management main office may also receives it directly from the homeowners.

2. Collection policies: Management company to forward information to MHA and Mapleton LLC

4. Resident policies: MHA/Mapleton LLC to establish in accordance with Colorado law and professional expertise of the Management company. Management Company to forward information on delinquencies to MHA and Mapleton LLC.

I. Office hours, staffing and availability: Management company to forward more information

The Management Company staff will attend meetings of the Management Committee, and meetings of the MHA Board.

I. Management company will provide ongoing technical assistance to both MHA and Mapleton LLC

II. Management company will provide reports on day-to-day findings of property inspection, automobile infractions, etc.

III. Management company will maintain themselves in good standing with the State of Colorado and the federal government.

In addition, with approval of the Management Committee the Management Company will:

IV. Administer the maintenance budget and projects that fall under the spending cap agreed to by all parties, consult with the MHA for maintenance issues beyond the spending cap, and consult with Mapleton LLC and the MHA Finance Committee regarding the capital reserve budget

VIII. Notify Mapleton LLC and MHA of any significant risk, either financial or procedural, based on enforcing the rules and regulations for Mapleton Mobile Home Park

IX. Present a monthly resident report, including number of residents, new residents, delinquent rents and action taken

X. Present suggestions for property improvements or anticipated expenses due to such suggestions

II. Office hours, staffing and availability: (Mapleton LLC to forward more information)

IV. Mapleton LLC will qualify all new affordable residents with support from the management company

V. Mapleton LLC will ensure compliance with all appropriate agencies with support from the management company

VII. Mapleton LLC will maintain themselves in good standing with the State of Colorado and the federal government.

The Mapleton Mobile Home Park land and the (infrastructure)are separated. The land is owned by Mapleton LLC and the homebuyer owns the additions and mobile home on each lot and is a member of the Mapleton Home Association. The relationship between MHA & Mapleton LLC is governed by a 99-year renewable Land Lease. MHA pays a monthly fee to the CLT for land taxes and the administration of the program and mortgage. There is a resale provisions if the CLT home is resold. Mapleton LLC will qualify new buyers, with support from the management company.

MHA Board elected by residents to execute these principles (see Bylaws). The MHA Committee structure shall include: a Management Committee to oversee welfare of the Park and Rules and Regulations under which the Park is operated, oversee the operations budget and general park management by the Management Company; A Finance Committee to determine how lot fees are allocated and spent for long-term investments and how any Reserve Fund shall be invested and used; and a Site Committee to determine how the physical aspects of the Park shall evolve. Each Committee is interdependent with the other two and will work cooperatively to make the necessary financial and management decisions for the highest welfare of the park and its residents.

VI. MHA will maintain themselves in good standing with the State of Colorado and the federal government

6. Management Committee Functions

The Management Committee will be responsible for the performance of the management company and all associated duties as written throughout. Other functions will include but are not limited to:

XI. Affordability structure (organizational and individual) and procedures support

The Management Company will notify the Management Committee of any resident or employee disciplinary action.

9. Grievance Procedure and Appeal Procedure

The Mapleton Home Association will make every effort to resolve any problem that arises as a result of the MHA's management of Mapleton Mobile Home Park. To resolve problems in a manner that provides due process and consideration to both/all parties, the following procedure has been developed:

1. Any parties in a dispute, whether individuals or committee(s) are encouraged to speak directly and respectfully to one another in an attempt to resolve the disagreement.

2. All complaints or grievances that cannot be resolved between the parties, must be reported to the Resident Manager, unless the Resident Manager is a party to the conflict. The Resident Manager will attempt to resolve the issue verbally.

3. If the Resident Manager is unable to resolve the issue to the satisfaction of both/all parties, or if the Resident Manager is involved in the dispute, the complaint or grievance must be submitted in writing, including any attempts at resolution, to the Property Manager within 10 working days of the last attempt at resolution.

4.1.1.1. Acknowledge receipt of the complaint within two business days, either verbally or in writing.

5. If the response provided by the Property Manager is not satisfactory for (any of) the complainant(s), within 10 working days of receiving the response the complaint or appeal may be submitted in writing to the MHA Management Committee by way of the Chair of the committee. If the issue is urgent**" (as defined below) the reasons for urgency must be inc1uded in the written statement in order for urgent status and procedure to be applied.

6.1.1.1. Acknowledge receipt of the complaint within three business days, either verbally or in writing (at the Chair' s discretion.)

6.1.1.2. If the issue is urgent* (see note below defining "urgent") and no meeting is already scheduled, the chair will set a Management Committee meeting within 2 weeks (14 calendar days) to discuss the issue.

6.1.1.3. If the issue is not urgent* (see note below defining "urgent"), the Management Committee will take it up at their next regularly scheduled meeting.

6.1.1.4. The committee will provide a written response within five calendar days of the meeting.

6.1.1.5. Note that grievances brought to the Management Committee through this protocol are different from general issues that residents might bring to the committee's attention during the "public comment" period at the beginning of each Management Committee meeting.

7. If the response provided by the Management Committee is not satisfactory for (any of) the complainant(s), within 10 working days of receiving the response the complaint or appeal may be submitted in writing to the MHA Executive Board by way of the MHA President.

8.1.1.1. Acknowledge receipt of the complaint within three business days, either verbally or in writing (at the President's discretion.)

8.1.1.2. If the issue is urgent* (see note below defining "urgent") and no meeting is already scheduled, the chair will set an Executive Board meeting within 2 weeks (14 calendar days) to discuss the issue.

8.1.1.3. If the issue is not urgent* (see note below defining "urgent"), the Executive Board will take it up at their next regularly scheduled meeting.

8.1.1.4. The Board will provide a written response within five calendar days of the meeting.

9. If the response provided by the Executive Board is not satisfactory for (any of) the complainant(s), within 10 working days of receiving the response the complaint or appeal may be submitted in writing Mapleton LLC’s designee, currently the Thistle Community Land Trust staff.

10. If the response provided by the Mapleton LLC’s designee, currently the Thistle Community Land Trust staff, is not satisfactory for (any of) the complainant(s), within 10 working days of receiving the response the complaint or appeal may be submitted in writing to Mapleton LLC by way of a Mapleton LLC officer.

11.1.1.1.1. Acknowledge receipt of the complaint within three business days, either verbally or in writing (at the Officer's discretion.)

12. Mapleton LLC' s will determine the committee (currently the Thistle CLT Committee) that will discuss the issue at their next regularly scheduled meeting.

13. The Mapleton LLC will provide a written response within five business days of the Committee meeting.

14. If the response provided by Mapleton LLC's designated committee (currently the Thistle CLT Committee) is not satisfactory, the parties in the dispute, plus the Resident Manager, Property manager and/or Chair of the Management Committee as needed or appropriate, will participate in mediation.

15. If mediation fails to resolve the issue, the parties will submit to binding arbitration.

Mediation: At any level of this grievance procedure, the parties may participate in mediation. That participation does not cancel the parties' rights to proceed through the grievance process if the mediation does not result in resolution of the complaint. City of Boulder provides free mediation through its Community Mediation Service, 303-441-4364.

**Urgent: MHA recognizes that almost any conflict that causes discomfort for the parties may feel urgent. In order to receive expedited processing, the complaining party is responsible for describing how the dispute fits the following definition of "urgent." For the purposes of this grievance procedure, "urgent" means:

Time limited: for one or more parties, a time-limited opportunity will be lost if the conflict is not resolved. The date in question must be supplied as part of the written complaint. Time sensitive: consequences or repercussions will be experienced by one or more parties if there is no resolution by a specific date. The date in question must be supplied as part of the written complaint. Escalating: the conflict is getting progressively worse with the passage of time. The complaining party should describe the escalation to-date and why continued esca1ation is anticipated.

10. Improvement Submittal Process

MHA, Mapleton LLC and Management Company will work with the understanding that the site master plan, Mapleton LLC's ownership of the park, capital reserve budget and resale formula will form the basis for approving submissions for improvements within the Park. Management Company will be responsible for communication with Mapleton LLC and MHA regarding improvement issues.

11. Day to Day Administration - Management Company

After approval of the operation budget, the Management Company will have normal discretion in making the following decisions:

VII. mediation of problems beyond the normal application of the Park Rules and Regulations with the oversight of the Management Committee

1. The complaint or appeal may be submitted in writing to Mapleton LLC's CLT Committee by way of Mapleton LLC's staff representative, currently the Thistle CLT staff

2.1.1. Acknowledge receipt of the complaint within three business days, either verbally or in writing (at the Staff’s discretion.)

2.1.2. The Mapleton LLC board or designated committee, currently the Thistle CLT Committee, will discuss the issue at their next regularly scheduled meeting.

2.1.3. The designated Committee will provide a written response within five business days of the meeting.

1. If the response provided by Mapleton LLC is not satisfactory, the parties in the dispute, plus the Resident Manager, Property manager and/or Chair of the Management Committee as needed or appropriate, will participate in mediation.

2. If mediation fails to resolve the issue, the parties will submit to binding arbitration.

1. Summary of reports: financial reports, Capital Improvement Projects (CIP), occupancy summary, maintenance summary to be given to MHA and Mapleton LLC

2. Meeting schedules: One meeting per month of the MHA Executive board, and finance committees, one or more management committee meetings a month, and quarterly meetings of the MHA membership. Mapleton LLC gets summaries of all minutes of the management committee meeting.

MHA runs the park and the representative or designee of Mapleton LLC with relevant skills and knowledge participates at all MHA Executive board meetings that include management discussions and decisions. Property Management Company reports to the MHA management committee monthly and the MHA board quarterly. The MHA management committee is advisory to the MHA board and its members.

Site staff refers to Property Management Company; (not members of the management committee). Property Management Company reports to management committee; chair of committee serves as emergency contact for additional authority as needed

· Mapleton LLC will have a representative on the MHA Executive Board who is ultimately responsible for the organization that is leasing Mapleton Park land from Mapleton LLC. The MHA board may have executive sessions without the Mapleton LLC present but Park financial decisions can’t be made in these sessions without Mapleton LLC representation.

· Mapleton LLC’s representative will serve as needed on the management committee, finance committee and any other committees related to the governance of the park that makes financial decisions or decisions that affect the use of the land for the purpose of advisement to those committees and liaison to Mapleton LLC.

· MHA and Mapleton LLC must approve all budgets including capital improvements, operating and reserves. MHA and Mapleton LLC’s intent is to assure that the park continues to meet its debt service and reserve requirements while remaining as affordable as possible. Any capital improvements initiated by MHA /Mapleton LLC, must be submitted as in the guidelines for operating expense budgets for review by those committees responsible for budgetary decisions to be included in the budget process.

· MHA and Mapleton LLC have final approval for the selection or termination of the management company.

· MHA and Mapleton LLC need to be in agreement with regards to approval for the tapping of all reserves (Operating, Replacement & Mapleton Surplus) Debt service will first be paid, then operating reserve followed by reserve replacement after which the Mapleton Reserve surplus will be funded.

· MHA, with Mapleton LLC input, has final review and approval of Park rules and regulations

· MHA reviews and approves the chain of command to be used for notification and request for authority in an emergency and will share this with Mapleton LLC being included as backup in cases of MHA unavailability.

· Mapleton LLC and MHA have final approval of all capital improvement contractors. Mapleton LLC reserves the right to have a owners representative on any capital improvements project paid for out of Mapleton LLC funds with support from Park revenue. MHA reserves the right to have a representative on any capital improvement project, paid for by MHA funds.

· Mapleton LLC may hold accountable the property management company, MHA Board and MHA management committee to all of its responsibilities under the lease and management agreements. Both MHA and Mapleton LLC reserve the right to intervene in the management of the park if they deem the land or the finances of the park to be at risk. MHA and Mapleton LLC will be held mutually accountable for all its respective responsibilities under the lease and management agreements.

· Both Mapleton LLC and MHA will report to each other on all contractual and financial activity.

· Mapleton LLC and MHA will participate in any conflict resolution process, as outlined in the grievance procedure. (see grievance procedure)

· MHA, Mapleton LLC and COB will participate in a 5 year review regarding the affordability formula performance

· MHA and Mapleton LLC will be appraised of the following day to day operations as they occur: lawsuits, insurance claims any disasters or emergencies

· Every year Mapleton LLC will perform an audit of the park finances, maintenance plan, and affordability agreements compliance with support from Park revenue All results from such audits will be reported to the MHA board.

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Back to MHA Business

Mapleton Improvements

6. Management Committee Functions

9. Grievance Procedure and Appeal Procedure

10. Improvement Submittal Process

11. Day to Day Administration - Management Company