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ARTICLE I - NAME AND LOCATION
The name of the corporation is the LONGWATER HOMEOWNERS
ASSOCIATION, hereinafter referred to as the "Association". The principal office
of the Association shall be located in the City of Foster City, San Mateo
County, California.
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ARTICLE II - DEFINITIONS
- The definitions contained in the Declaration are incorporated by reference
herein.
- "Declaration" shall mean and refer to the Restated Declaration of covenants,
Conditions and restrictions applicable to the Property recorded on _________________________________,
2001, at Document No. ___________________________________ in the Office
of the Recorder of San Mateo County, State of California.
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ARTICLE III - MEETINGS OF MEMBERS AND VOTING
- Annual Meetings:
The Annual meeting of the Members of the Association shall be held in the
month of July, at a date time and place to be set by the Board.
- Special Meetings: Special meetings
of the Members shall be promptly scheduled at any time by the board in response
to the vote of a majority of a quorum of the Board at a meeting, or in response
to a request by the President, or upon written request of the Members representing
five percent (5%) of the Total voting power of the Association.
- Notice and Place of Meetings:.
Written notice of each meeting of the Members, annual or special, shall
be given by, or at the direction of, the President, Secretary, or Manager
by personal delivery or mailing a copy of such notice, first class mail,
postage prepaid, at least ten (10) days but not more than ninety (90) days
before such meeting to each First Lender requesting notice and to all Members,
addressed to the Member's address last appearing on the books of the Association,
or supplied by such Member to the Association for the purpose of notice.
Such notice shall specify the place, day and hour of the meeting, and, in
the case of a special meeting, the purpose of the meeting. If action is
proposed to be taken at any meeting for approval of any proposals, the notice
shall also state the general nature of the proposal. Member action on the
following items is invalid unless the notice states the general nature of
the proposal(s): (a) removing or electing a director; (b) amending the Governing
Documents; (c)_ approving a contract or transaction in which a director
has a material financial interest. Meetings shall be held within the Property
or at a meeting place within the same county, as close to the Property as
possible.
- Quorum. The presence either
in person or by proxy, at any meeting, of Members entitled to cast fifty-one
percent (51%) of the Total Voting Power of the Association (excluding the
number of votes as to which voting rights are suspended at the time of the
subject meeting), shall constitute a quorum for any action except as otherwise
provided in the Governing Documents. If , however, such quorum shall not
be present or represented at any meeting, a majority of the Members entitled
to vote thereat shall have power to adjourn the meeting to a date not less
than five (5) days and not more than thirty (30) days later, without notice
other than announcement at the meeting. If a time and place for the adjourned
meeting is not fixed by those in attendance at the original meeting or if
for any reason a new date is fixed for the adjourned meeting after adjournment,
notice of the time and place of the adjourned meeting shall be given to
Members in the manner prescribed for regular meetings.
- Notwithstanding anything herein to the contrary, for purposes of obtaining
membership approval of special assessments or increases in annual assessments
as may be required by the Declaration, a "quorum" means more than fifty
percent (50%) of the Total voting power of the Association.
- Proxies: At all meetings of
Members, each Member may vote in person or by proxy. All proxies shall be
in writing and filed with the Secretary before the appointed time of each
meeting. Every proxy shall be revocable and shall automatically cease upon
conveyance by the Member of his Lot, or upon receipt of written notice by
the Secretary or the manager of the death or judicially declared incompetence
of a Member prior to the counting of the vote, or upon the expiration of
eleven (11) months from the date of the proxy. Any form of proxy distributed
by any person to the membership of the Association shall afford the opportunity
to specify a choice between approval and disapproval of each matter or group
of matters to be acted upon. The proxy shall provide that, where the Member
specifies a choice, the vote shall be cast in accordance with that choice.
The proxy also shall identify the person or persons authorized to exercise
the proxy and the length of time it will be valid. In addition, voting by
proxy shall comply with any other applicable requirements of California
Corporations Code section 7514 and 7613.
- Membership and Voting: Membership
shall be held as provided in the Declaration. Each Lot shall be entitled
to one vote.
- Action Without Meeting:Any action
that may be taken at any annual or special meeting of Members (except for
the election or removal of directors) may be taken without a meeting in
accordance with the provisions of California corporations Code Sections
7513 and 7516. Any form of written ballot distributed by any person to the
membership of the Association shall afford the opportunity to specify a
choice between approval and disapproval of each matter or group of matters
to be acted upon.
- Conduct of Medtings: Meetings
of the Members shall be conducted in accordance with a recognized system
of parliamentary procedure or such parliamentary procedures as the Board
may adopt. Notwithstanding any other provision of law, notice of meetings
of Members shall specify those matters the Board intends to present for
action by the Members, but, except as otherwise provided by law, any proper
matter may be presented at the meeting for action.
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ARTICLE IV DIRECTORS
- Number and Qualification:
The affairs of this Association shall be managed by a Board of three (3)
directors, all of whom must be Owners and Members of the Association in
good standing, or their spouses. For the purposes of this section, good
standing means current in the payment of assessments and in compliance with
the Governing Documents.
- Nomination: Nomination for
election to the Board may be made by a nominating committee appointed by
the Board. Nominations may also be made from the floor at the annual meeting.
The nominating committee shall consist of a Chairman, who shall be a member
of the Board, and two (2) or more Members. The nominating committee shall
be appointed not less than ninety (90) days prior to each annual meeting
of the Members, to serve until the close of such annual meeting. The nominating
committee shall mike as many nominations for election to the board as it
shall in its discretion determine, but not less than the number of vacancies
that are to be filled. All candidates shall have reasonable opportunity
to communicate their qualifications to Members and to solicit votes. Notice
to the Members of the annual meeting shall include the names of all those
who are nominees at the time the notice is sent.
- Election: The election of
the Board shall be conducted at the annual meeting of the members. At such
election the Members or their proxies may cast, in respect to each vacancy,
as many votes as they are entitled to exercise under the provisions of the
Declaration. The persons receiving the largest number of votes shall be
elected. There shall be no cumulative voting. Voting for directors or for
their removal shall be by secret written ballot.
- Term: The term of each director
shall be one (1) year. Unless vacated sooner, each director shall hold office
until the director's term expires and a successor is elected.
- Removal; Vacancies: Any director
may resign by giving notice to the Board. Any individual director may be
removed by the vote of a majority of a quorum of the Members. If a director
dies or resigns, the vacancy shall be filled by the Board, of by the sole
remaining director. The Members may elect a director at any time to fill
any vacancy not filled by the directors. A vacancy created by the removal
of a director by the Members can be filled only by election by the Members.
Notwithstanding anything to the contrary contained in this paragraph, any
director who fails to attend three (3) consecutive Board meetings or becomes
90 days delinquent in the payment of assessments may be removed from office
by a majority of the other directors without a vote of the Members and the
successor director shall be chosen by the Board. A successor director shall
serve for the unexpired term of his or her predecessor.
- Compensation: No director shall
receive compensation for an service rendered to the Association as a director.
However, any director may be reimbursed for his or her actual expenses,
if reasonable, incurred in the performance of his duties.
- Indemnification of corporate Agents:
The Association shall indemnify any present or former director, officer,
employee or other agent of the Association to the fullest extent authorized
under California corporation Code Section 7237, or any successor statute.
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ARTICLE V - MEETINGS OF DIRECTORS
- Regular Meetings: Regular
meetings of the Board shall be held quarterly or as often as deemed necessary
by the Board at such place, and at such day and hour as may be fixed from
time to time by resolution of the Board.
- Special Meetings: Special meetings
of the Board shall be held when called by the directors.
- Notice: Notice of the time and
place of regular and special Board meetings shall be given to each director
at least four (4) days prior to the meeting. For a special meeting, the
notice shall specify the time and place of the meeting and the nature of
any special business to be considered. The notice shall be given to each
director by one (1) of the following methods: (a) by personal delivery;
(b) written notice by first class mail, postage prepaid; (c) by telephone
communication, including a voice message system or other system or technology
designed to record and communicate messages, telegraph facsimile, electronic
mail or other electronic means, either directly to the director or to a
person at the director's office or home who would reasonably be expected
to communicate such notice promptly to the director. All such notices shall
be given or sent the director's address or telephone number as shown on
the records of the Association. Notices sent by first class mail shall be
deposited into a United States mailbox at least five (5) days before the
time set for the meeting. Notices given by personal delivery, telephone,
or telegraph shall be delivered, telephoned, or given to the telegraph company
at least four (4) days before the time set for the meeting. Notice of board
meetings shall be given to the Members by position in the Common Area, by
mail or delivery to each Owner, or by newsletter at least four (I4) days
prior to the meeting.
- Quorum: A majority of the directors
then in office shall constitute a quorum for the transaction of business.
A quorum may not be less that two (2) directors. Every act performed or
decision made by a majority of the directors present at a duly held meeting
at which a quorum is present shall be regarded as the act to the Board.
If a director leaves a meeting at which a quorum is initially present, the
Board may continue to transact business, if the action taken is approver
by a majority of the required quorum for that meeting.
- Open Meetings: All meetings
of the Board shall be open to all Members. The board shall permit any Member
to speak at any meeting of the Association of the board, except for meetings
of the Board held in executive session. A reasonable time limit for all
Members to speak at board or Member meetings shall be established by the
Board.
- Executive Session: The Board
may, with approval of a majority of a quorum, adjourn a meeting and reconvene
in executive session to discuss and vote upon personnel matters, litigation
in which the Association is or may become involved, and orders of business
of a similar nature. Matters involving Member discipline shall be held in
executive session and the Members involved are entitled to attend. The nature
of any and all business to be considered in executive session shall first
be announced in open session.
- Telephone Meetings: In the case
of an emergency, a special board meeting may be held by conference telephone
or similar communication equipment, so long as all directors participating
in the meeting can hear one another, and all such directors shall be deemed
to be present in person at such meeting. An explanation of the action taken
shall be reported in the minutes and posted at a prominent place within
the Common Area with in seven (7) days after the meeting.
- Action Without Meeting: In the
case of an emergency, any action required or permitted to be taken by the
Board may by taken without a meeting, if all directors consent in writing
to that action. Such action by written consent shall have the same force
and effect as a unanimous vote of the Board. Such written consent or consents
shall be filed with the minutes of the proceedings of the board. An explanation
of the action taken shall be reported in the minutes and posted at a prominent
place or places within the Common Area within seven (7) days after the written
consents of all directors have been obtained.
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ARTICLE VII POWERS AND DUTIES OF THE BOARD OF DIRECTORS
- Duties: It shall be
the duty of the Board to undertake all duties and responsibilities of the
Association as expressed in the Governing Documents and the management and
conduct of the affairs of the Association, except as expressly reserved
to a vote of the Members. Such duties shall include, but are not limited
to, the following:
- Oversight and Review: Review
and direct the officers and managing agent of the Association to assure
that the policies of the 'Association are being accomplished in a reasonable
and prudent manner and that the requirements for operation of the Property
as set forth in the Governing Documents and the laws applicable to the
Property are fulfilled to the extent reasonable and appropriate;
- Maintenance: Cause the Common
Area to be maintained as required by the Declaration;
- Insurance: Procure and maintain
insurance as required by the Declaration;
- Discharge of Liens: Discharge
by payment, if necessary, any lien against the Common Area and assess
the cost thereto to the Member responsible for the existence for said
lien after notice and hearing as required by these Bylaws;
- Assessments: Fix, levy, collect
and enforce assessments as set forth in the 'declaration;
- Expenses and Obligations:
Pay all expenses and obligations incurred by the Association in the conduct
of its business including, without limitation, all licenses, taxes, or
governmental charges levied or imposed against the property of the Association;
- Records: Cause to be kept
a complete record of all its actions and business affairs and to present
a statement thereof to the Members at the annual meeting of the Members,
or at any special meeting when such statement is requested in writing
by one-fourth (1/4) of the Members; keep adequate and correct books and
records of account, minutes of proceedings of its Members, Board and committee,
and a record of its Members giving their names and addresses;
- Financial Requirements.
- Review of Financial Records:
The Board shall review on at least a quarterly basis a current reconciliation
of the Association's operating and reserve accounts, the current year's
actual reserve revenues and expenses compared to the current year's budget
and an income and expense statement for the Association's operating and
reserve accounts. In addition, the Board shall review the latest account
statements prepared by the financial institutions where the Association
has its operating and reserve accounts. For purposes herein, "reserve
accounts" shall mean monies that the Association's Board has identified
from its annual budget to defray that future repair, replacement of, or
additions to those major components which the Association is obligated
to maintain.
- Reserve Account Withdrawal Restrictions:
The signatures of at least two (2) directors shall be required for the
withdrawal of monies from the Association's reserve accounts.
- Reserve Account Fund Management:
The Board shall not expend funds designated as reserve funds for any purpose
other than the repair , restoration, replacement, or maintenance of ,
or litigation involving the repair, restoration, replacement, or maintenance
of , major components which the Association is obligated to repair, restore,
replace or maintain and for which the reserve fund was established. However,
the Board may authorize the temporary transfer of money from a reserve
fund to the Association's general operating fund to meet short-term cash-flow
requirements or other expenses. The transferred funds shall be restored
to the reserve fund within three (3) years of the date of the initial
transfer, except that the board may, upon making a finding supported by
documentation that a delay would be in the best interests of the Association,
delay the restoration until the time which the board reasonably determines
to be necessary. The Board shall exercise prudent fiscal management in
delaying restoration f these funds and in restoring the expended funds
to the reserve account, and shall, f necessary, levy a special assessment
to recover the full amount of the expended funds within the time limits
required by this section.
- Reserve Studies: At least
once every three years, the Board of Directors shall cause to be conducted
a reasonably competent and diligent visual inspection of the accessible
areas of the major components which the Association is obligated to repair,
replace, restore, or maintain as part of a study of the reserve account
requirements of the association if the current replacement value of the
major components ids equal to or greater than one-half of the gross budget
of the Association which exclude the Association's reserve account for
that period. The Board shall review this study annually and shall consider
and implement necessary adjustments to the Board's analysis of the reserve
account requirements as a result of that review.
The study required by the subdivision shall at a minimum include:
- Identification of the major components which the Association is
obligated to repair, replace, restore, or maintain which, as of the
date of the study, have a remaining useful life of less than thirty
(30) years.
- Identification of the probable remaining useful life of the components
identified in paragraph (1) as of the date of the study.
- An estimate of the cost of repair, replacement, restoration, or
maintenance of each major component identified in paragraph (1) during
and at the end of its useful life.
- An estimate of the total annual contribution necessary to defray
the cost to repair, replace, restore, or maintain each major component
during and at the end of its useful life, after subtracting total
reserve funds as of the date of the study.
As used in this section, "reserve account requirements" means the estimated
founds which the Board has determined are required to be available at
a specified point in time to repair, replace, or restore those major
components which the Association is obligated to maintain.
- Budgets and Financial Statements:
The Board shall cause to be prepared and distributed budgets and financial
statements to each Member as follows:
- A pro forma operating budget for each fiscal year shall be distributed
not less than forty-five (45) days nor more than sixty (60) days before
the beginning of the fiscal year consisting of at least the following:
- Estimated revenue and expenses on an accrual basis;
- A summary of the Association's reserves based upon the most recent
review or study which shall be printed in bold type and include all
of the following;
- The current estimated replacement cost, estimated remaining life,
and estimated useful life of each major component;
- As of the end of the fiscal year for which the study is prepared:
- The current estimate of the amount of cash reserves necessary
to repair, replace, restore, or maintain the major components;
- The current amount of accumulated cash reserves actually set
aside to repair, replace, restore, or maintain major components.
- The percentage that the amount determined for purposes of clause
(ii) of subparagraph (2) is of the amount determined for purposes
of clause (I) of subparagraph (2).
- A statement as to whether the Board of the association has determined
or anticipate that the levy of one or more special assessments will
be required to repair, replace, or restore any major component or
to provide adequate reserves therefor.
- A general statement setting forth the procedures used for the calculation
and establishment of reserves to defray the costs of repair, replacement
of addition to major components of the Common Areas and facilities
for which the Association is responsible.
In lieu of the distribution of the pro forma operating budget, the Board
may elect to distribute a summary of the four (4) items described in this
section to all the Members with written notice that the budget is available
at the business office of the Association or at another suitable location
within the boundaries of the Property and that copies will be provided
upon request and at the expense of the association. If any Member request
a copy of the pro forma operating budget, including the four (4) items
referred t above, to be mailed t the Member, the Association shall provide
the copy to the Member by first-class United States mail at the expense
of the Association and delivered within five (5) days. The written notice
that is distributed to each of the Members shall be in at least 10-point
bold type on the front page of the summary of the statement;
- A report consisting of the following shall be distributed within on
hundred twenty (120) days after the close of the fiscal year: (a) A
balance sheet as of the end of the fiscal year; (b) An operating (income)
statement for the fiscal year; (c) A Statement of changes in financial
position for the fiscal year; (d) A Copy of a review of the financial
statement of the Association prepared in accordance with generally accepted
accounting principles by a licensee of the California state Board of
Accountancy; (e) Any information required t be reported under Section
8322 of the California corporations Code;
- If the report referred to in (2), above is not prepared by an independent
accountant, it shall be accompanied by the certificate of an authorized
officer of the Association that the statement was prepared from the
books and records of the Association without independent audit or review;
- A statement describing the Association's policies and practices in
enforcing lien rights, or other legal remedies for default in payment
of its assessments against its Members, and a statement of the place
where the names and addresses of the current Members are located shall
be annually distributed to the Members during the sixty (60) day period
immediately preceding the beginning of the association's fiscal year.
- Powers: The Board of Directors
shall have power to:
- Manager: Employ a manager
or a management company;
- Adoption of Rules: Adopt rules
in accordance with the Declaration relating to the use of the Common Area
and all facilities thereon, and the conduct of Owners and their tenants
and guests with respect to the Property and other Owners; establish move-in
fees, title transfer fees, and such other fees as may be reasonably necessary
for the operation of the Association. Written copies of such rules and
any schedule of fines or penalties adopted by the board shall be furnished
to the owners.
- Enforcement (Notice and Hearing):
Enforce the Governing Documents provided that at least (15) days prior
notice of any charges (other than nonpayment of assessments) or potential
discipline or fine and the reasons therefore are given to the Member affected,
and that an opportunity is provided for the Member to be heard, orally
or in writing not less than five (5) days before the imposition of the
discipline or fine, said hearing to be before the Board. Any notice required
herein shall be given by any method reasonably calculated to provide actual
notice. Any notice given by mail shall be given by first class or registered
mail sent to the last address of the Member as shown on the Association's
records;
- Contracts: Contract for goods
and/or services in accordance with the Declaration;
- Delegation: Delegate its authority
and powers to committees, officers or employees of the Association or
to a manager employed by the Association. The Board may not delegate to
the manager the authority to make expenditures for capital additions or
improvements chargeable against the reserve funds; to conduct hearings
concerning compliance by an Owner or his tenant, lessee, guest or invitee
with the Governing Documents or to make a decision to levy monetary fines,
impose special assessments against individual units, temporarily suspend
an owner's rights as a Member of the Association or otherwise impose discipline
following any such hearing; to make a decision to levy regular or special
assessments; or to make a decision to bring suit. The board may delegate
to a manager any of its other duties, powers or functions. Any such delegation
shall be revocable by the Board at any time. The directors, individually
or collectively, shall not be liable for any omission or improper exercise
by the manager of any such duty, power or function son delegated by written
instrument executed by a majority of the Board;
- Appointment of Trustee: Appoint
a trustee to enforce assessment liens by power of sale as provided in
the Declaration and in Civil Code Section 1367 (b);
- Prohibited Acts. The Board shall
not take any of the following actions, except with the vote or written consent
of a majority of the Total Voting Power of the Association:
- Entering into a contract with a third person wherein the third person
will furnish goods or services for the Common Area or the Association
for a term longer than one (1) year with the following exceptions:
- A contract with a public utility company if the rates charged for
the materials or services are regulated by the Public Utilities Commission;
provided, however, that the term of the contract shall not exceed the
shortest term for which the supplier will contract at the regulated
rate;
- Prepaid casualty and/or liability insurance policies of not to exceed
three (3) years duration provided that the policy permits short rate
cancellation by the insured;
- Agreements for cable or satellite television services and equipment,
or fire or burglar alarm services and equipment, not to exceed five
(5) years' duration.
- Incurring aggregate expenditures for new capital improvements to the
Common Area in any fiscal year in excess of five percent (5%) of the budgeted
gross expenses of the Association for that fiscal year;
- Selling during any fiscal year property of the association having an
aggregate fair market value greater than five percent (5%) of the budgeted
gross expenses of the Association for that fiscal year, except the sale
of a Lot acquired through the foreclosure of an assessment lien.
- Paying compensation to directors or to the officers of the Association
for services performed in the conduct of the Association's business; provided,
however, that the Board may cause a director or officer to be reimbursed
for the actual expenses, if reasonable, that are incurred in the performance
of his or her duties.
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ARTICLE VIII - OFFICERS AND THEIR DUTIES
- Enumeration of Officers:
The officers of this Association shall be a President, Vice President, Secretary
and Treasurer, who shall at all times be directors, and such other officers
as the board may from time to time by resolution create. The offices of
Secretary and treasurer may be held by the same person.
- Election of Officers: The election
of officers shall take place at the first meeting of the Board following
each annual meeting of the Members.
- Term: The officers of this Association
shall be elected annually by the Board and each shall hold office for one
(1) year unless he or she shall sooner resign, or shall be removed, or otherwise
disqualified to serve.
- Special Appointments: The Board
may elect such other officers as the affairs of the Association may require,
each of whom shall hold office for such period, have such authority, and
perform such duties as the Board may, from time to time, determine.
- Resignation and Removal: Any
officer may be removed from office (but not from the Board, if he or she
is also a director) either with or without cause by the Board. Any officer
may resign at any time by giving written notice to the Board, the president
f the secretary. Such resignation shall take effect at the date of receipt
of such notice or at any later time specified therein, and unless otherwise
specified therein, the acceptance of such resignation shall not be necessary
to make it effective.
- Vacancies: A vacancy in any
office may be filled by election by the Board. The officer elected to such
vacancy shall serve the remainder of the term of the officer he replaces.
- Duties: The duties of the officers
are as follows:
- President: The President shall
preside at all meetings of the Members and Board; shall see that orders
and resolutions of the Board are carried out; shall sign all leases, mortgages,
deeds and other written instruments and shall sign all promissory notes.
The President shall have the general powers and duties of management usually
bested in the office of the President of a California nonprofit mutual
benefit corporation, and shall have such powers and duties as may be prescribed
by the Board or by these Bylaws.
- Vice President: The Vice President
shall act in the place and stead of the President in the event of his
or her absence, inability or refusal to act, and shall exercise and discharge
such other duties as may be required by the board.
- Secretary: The Secretary shall
supervise the recording the votes and keeping the minutes of all meetings
and proceedings of the Board and of the Members; and the keeping of appropriate
current records showing the Members together with their addresses, and
shall perform such other duties as required by the board.
- Treasurer: The Treasurer shall
supervise the receipt and deposit in appropriate bank accounts all monies
of the Association and the disbursement of such funds as directed by the
board; shall keep r have kept proper books of account; and shall supervise
the preparation of budgets and financial statements.
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ARTICLE IX - COMMITTEES
A nominating committee may be appointed, as provided herein. In addition,
the Board shall appoint other committees as deemed appropriate in carrying
out its purpose. No committee, regardless of board resolution, may: (a) take
any final action on matters which, under the non-profit corporation law of
California, also requires Members;' approval; (b) fill vacancies on the board
or in any committee; (c) amend or repeal Bylaws or adopt new Bylaws; (d 0
amend or repeal any resolution of the Board; (e) appoint any other committees
of the board or the members of those committees; (f) approve any transaction
to which the Association is a party and in which one or more directors have
a material financial interest.
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ARTICLE X - BOOKS AND RECORDS
- Inspection by Members:
The membership register (including names, mailing addresses, and voting
rights), books of account, and minutes of meetings of the Members, of the
Board (excluding executive session), and of committees shall be make available
for inspection and copying by any Member, or by his duly appointed representative,
at any reasonable time and for a purpose reasonably related to his interest
as a Member, at the office of the Association or at such other place within
the property as the Board shall prescribe.
- Rules for Inpection: The Board
shall establish reasonable rules with respect to:
- Notice to be given to the custodian of the records by the Member desiring
to make the inspection;
- Hours and days of the week when such an inspection may be made;
- Payment of the cost of assembling and reproducing copies of documents
requested by a Member.
- Inspection by Directors: Every
director shall have the absolute right at any reasonable time to inspect
all books, records and documents of the Association and the physical properties
owned or controlled by the Association. The right of inspection by a director
includes the right to make extracts and copies of documents, at the expense
of the Association.
- Documents Provided by Board:
Upon written request, the Board shall, within ten (10) days of the mailing
or delivery of such request, provide any owner with a copy of the Governing
Documents, a copy of the most recent financial budget and statements of
the Associations, and a true statement in writing from an authorized representative
of the Association as to the amount of any assessments levied upon the Lot
which are unpaid on the date of the statement, including late charges, interest,
and cost of collection which, as of the date of the statement, are or may
be made a lien upon the owner’s Lot. The Board may impose a fee for providing
the forgoing which may not exceed the reasonable cost to prepare and reproduce
the requested documents.
- Minutes: The minutes, minutes
proposed for adoption that are marked to indicate draft status, or a summary
of the minutes, of any meeting of the Board, other than an executive session,
shall be available to Members within thirty (30) days of the meeting and
shall be mailed to the Members within sixty (60) days of the meeting.
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ARTICLE XI - MISCELLANEOUS
- Amendment of These Bylaws:
These Bylaws may be amended only by the affirmative vote (in person or
by proxy) or written consent of Members representing a majority of the Total
Voting Power of the Association. However, the percentage of voting power
necessary to amend a specific clause or provision shall not be less than
the prescribed percentage of affirmative votes required for action to be
action to be taken under that clause.
- Conflicts:
In the case of any conflict between the articles of Incorporation and the
Bylaws, the Articles shall control; and in the case of any conflict between
the Declaration and these bylaws, the Declaration shall control.
- Fiscal Year:The fiscal year of the Association shall begin on the first day of September
and end on the thirty-first day of August of every year.
I, the undersigned, the duly elected and acting President of the LONGWATER
HOMEOWNERS ASSOCIATION, a California nonprofit mutual benefit corporation,
do hereby certify:
That the within and foregoing Bylaws were adopted as the Bylaws of said corporation
on the ______day of ______________, 2001, and that the same do now constitute
the Bylaws of said corporation.
This certificate is executed under penalty of perjury under the laws of the
State of California on the ______, day of ______________, 2001, at __________________,
California.
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By: ___________________________________________ |
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President |
State of California)
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County of San Mateo )
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On _________________________________ before me, _____________________________________,
a
Notary Public, Personally appeared ______________________________________________________,
Personally known to me or proved to me on the basis of satisfactory evidence
to be the person whose name is subscribed to the within instrument and acknowledged
to me that he/she executed the same in his/her authorized capacity, and that
by his/her signature on the instrument the person, or the entity upon behalf
of which the person acted, executed the instrument.
WITNESS my hand and official seal.
Signature __________________________________
March 2001.