This is a
read-only copy. For official By-laws
with notarized amendments, see the By-laws provided to you on purchase of your
unit. Additional copies are available
with the PPHOA Board Secretary.
BY-LAWS
OF
PARK PLACE AT OREM
HOMEOWNERS ASSOCIATION, INC.
ARTICLE I
NAME and LOCATION. The
name of the Corporation is Park Place at Orem Homeowners Association, Inc.
hereinafter referred to as the "Association". The principal office of
the corporation shall be located at 2230 N. University Parkway, Suite 6C,
Provo, Utah 84604, but meetings of members and directors may be held at such
places within the State of Utah, County of Utah, as may be designated by the
Board of Directors.
ARTICLE II
DEFINITIONS
Section 1.
"Association" shall mean and refer to The Park Place at Orem
Homeowners Association Inc., its successors and assigns.
Section 2.
"Properties" shall mean and refer to that certain real property
described in the Declaration of Covenants, Conditions and Restrictions, and
such additions thereto as may hereafter be brought within the jurisdiction of
the Association.
Section 3.
"Common Area" shall mean the entire Project, except for those
portions thereof which lie within the boundaries of any lot. Common Areas shall
also include:
(a) The Project outdoor
lighting, fences, landscaping, sidewalks, unassigned parking spaces and
driveways.
Section 4.
"Owner" shall mean and refer to the owner of record (in the County
Recorder's Office, County of Utah, State of Utah), whether one or more persons
or entities, of a Unit/lot. The term "Owner" shall not mean or
include mortgagee or beneficiary or trustee under a deed of trust, unless and
until such party has acquired title pursuant to foreclosure or any arrangement
or proceeding in lieu thereof.
Section 5.
"Declarant" shall mean and refer to Dester and Luck Construction,
Inc., a Utah Corporation, its successors and assigns if such successors or
assigns should acquire more than one-third (1/3) of the Units for the purpose
of investment.
Section 6.
"Declaration" shall mean and refer to the Declaration of Covenants,
Conditions and Restrictions applicable to the Properties recorded in the Office
of the Utah County Recorder.
Section 7.
"Member" shall mean and refer to those persons entitled to membership
as provided in the Declaration.
Section 8.
"Lot" shall mean and refer to any plot of land shown upon any
recorded subdivision map of the properties with the exception of the Common
Area and Limited Common Areas.
Section 9.
"Limited Common Areas" shall mean those portions of the Common Areas
which are limited to and reserved for the exclusive use of individual owners,
specifically the designated parking spaces, the front porches and entries to
units, and the exterior of fences separating the lots from the Common Areas.
ARTICLE III
MEETING OF MEMBERS
Section 1. Annual
Meetings. The first annual meeting of the members shall be held within one
year from the date of incorporation of the Association, and each subsequent
regular meeting of the members shall be held on the same day of the same month
of each year thereafter, at the hour of 7:00 p.m. If the day of the annual
meeting of the members is a legal holiday, the meeting will be held at the same
hour on the first day following which is not a legal holiday.
Section 2. Special
Meetings. Special meetings of the members may be called any time by the
president or by the Board of Directors, or one-fourth (1/4) of all the votes of
the Class A membership.
Section 3. Notice of
Meetings. Written notice of each meeting of the members shall be given by,
or at the direction of, the secretary or person authorized to call the meeting,
by mailing a copy of such notice, postage prepaid, at least 30 days before such
meeting to each member entitled to vote thereat, addressed to the member's
address 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, date -and hour of the meeting, and in the case of a special meeting, the
purpose of the meeting.
Section 4. Quorum. The presence of
fifty-one percent (51%) of members or proxies entitled to vote shall constitute
a quorum for any action except as otherwise provided in the Articles of
Incorporation, the Declaration, or these By-Laws. If, however, such quorum
shall not be present at any meeting, the members entitled to vote theretshall
have power to adjourn the meeting from time to time, without notice other than
announcement at the meeting, until a quorum as aforesaid shall be present or
represented. AMENDED 28 October 1989
Section 5. 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. Every proxy shall be
revocable and shall automatically cease upon conveyance by the member of his
Unit.
ARTICLE IV
BOARD OF DIRECTORS: SELECTION:
TERMS OF OFFICE
Section 1. Number. The affairs of this Association
shall be managed by a board of directors.
The number of directors may be changed by an amendment to the by-laws,
but never to less than three nor greater than nine. A majority of the elected or appointed
directors must be owners; no more than two may be non-owners. AMENDED 15 JUNE
2013
Section 2. Term of Office. Initially the
members shall elect two directors. for a term of one year, two directors for a
term of two years, and two directors for a term of three years. At each annual
meeting thereafter the members shall elect two directors for a term of three
years. AMENDED 28 October 1989
Section 3. Removal.
Any director may be removed from the Board with or without cause, by a majority
vote of the members of the Association. In the event of death, resignation or
removal of a director, his successor shall be selected by the remaining members
of the board and shall serve for the unexpired term of his predecessor.
Section 4.
Compensation. No director shall receive compensation for any service he may
render to the Association. However, any Director may be reimbursed for his
actual expenses incurred in the performance of his duties.
Section 5. Action
Taken Without a Meeting. The directors shall have the right to take any
action in the absence of a meeting which they would take at a meeting by
obtaining the written approval of all the directors. Any action so approved
shall have the same effect as though taken at a meeting of the directors.
ARTICLE V
NOMINATION AND ELECTION OF
DIRECTORS
Section 1.
Nomination. Nomination for election to the Board of Directors shall be made
by a Nominating Committee. 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 of Directors, and two or more members of the
Association. The Nominating Committee shall be appointed by the Board of
Directors prior to each annual meeting of the members, to serve from the close
of such annual meeting until the close of the next annual meeting and such
appointment shall be announced at each annual meeting. The Nominating Committee
shall make as many nominations for election to the Board of Directors as it
shall in its discretion determine, but not less than the number of vacancies
that are to be filled. Such nominations may be made from among members or
non-members.
Section 2. Elections.
Election to the Board of Directors shall be by secret written ballot. 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. Cumulative voting is not permitted.
Section 3. Bids For The Major
Expenditures: All major expendatures (such as
snow removal, lawns and gardening, tree service, major repairs, painting, sewer
maintenance, etc.) be placed up for 'bids'. At least three sealed bids be
obtained, opened at the next board meetining, discussed, and then voted on by
the six board members as to who will receive the contract. It is understood in
case of an emergency, the situation should be expedited by any member of the
board who might be present. AMENDED 26 SEPTEMBER 1992 (copy edited 2014)
Section 4. No Members, Or Family,
Be Considered For Contracted Work: No
resident of Park Place or their family members, are to be considered for
contracted work to be done on Park Place Property. This will eliminate embarrassment
and ill feelings should a problem arise. AMENDED 26 SEPTEMBER 1992 (copy edited
2014)
ARTICLE VI
MEETINGS OF DIRECTORS
Section 1. Regular
Meetings. Regular meetings of the Board of Directors shall be held monthly
without notice, at such place and hour as may be fixed from time to time by
resolution of the Board. Should said meeting fall upon a legal holiday, then
that meeting shall be held at the same time on the next day which is not a legal holiday.
Section 2. Special
Meetings. Special meetings of the Board of Directors shall be held when
called by the president of the Association, or by any two Directors, after not
less than three 3) days written notice to each Director.
Section 3. Quorum.
A majority shall constitute a quorum for the transaction of business. Every act
or decision done or made by the majority Directors present at a duly held
meeting shall be regarded as the act of the Board.
ARTICLE VII
POWERS AND DUTIES OF THE BOARD OF
DIRECTORS
Section 1. Powers.
The Board of Directors shall have power to:
(a) adopt and publish rules and
regulations governing the use of the Common Areas and facilities, and the
personal conduct of the members and their guests thereon, and to establish
penalties for the infraction thereof;
(b) suspend the voting rights and
right to use of the recreational facilities of a member during any period in
which such member shall be in default in the payment of any assessment levied
by the Association. Such rights may also be suspended, after notice and
hearing, for a period not to exceed 60 days, for infraction of published rules
and regulations;
(c) exercise for the Association
all powers, duties and authority vested in or delegated to this Association and
not reserved to the membership by other provisions of these By-Laws, the
Articles of Incorporation or the Declaration;
(d) declare the office of a
member of the Board of directors to be vacant in the event such member shall be
absent from three (3) consecutive regular meetings of the Board of Directors;
and
(e) employ a manager, an independent
contractor, or such other employees as they deem necessary, and to prescribe
their duties.
Section 2. Duties.
It shall be the duty of the Board of Directors to:
(a) cause to be kept a complete
record of all its acts and corporate affairs and to present a statement thereof
to the members at the annual meeting of members, or at any special meeting when
such statement is requested in writing by one-fourth (1/4) of the Class A
members who are entitled to vote;
(b) supervise all officers,
agents and employees of this Association, and to see that their duties are
properly performed;
(c) as more fully provided in the
Declaration, to:
(1) fix the amount of the
annual assessment against each Unit at least thirty (30) days in advance of
each annual assessment period.
(2) send written notice of each
assessment to every Owner subject thereto at least thirty (30) days in advance
of each annual assessment period; and
(3) foreclose the lien against
any property for which assessment are not paid within thirty (3) days after
personally obligated to pay thee same.
(d) issue, or to cause an
appropriate officer to issue, upon demand by any person, a certificate setting
forth whether or not any assessment has been paid. A reasonable charge may be
made by the Board for the issuance of these certificates. If a certificate
states an assessment has been paid, such certificate shall be conclusive evidence
of such payment;
(e) procure and maintain adequate
liability and hazard insurance on property owned by the Association;
(f) impose fines up to $10 against owners who are found
in violation of the rules and regulations of the Park Place at Orem Homeowners
Association. AMENDED 10 June 2000
(g) cause the Common Area to be
maintained.
(h) cause the exterior to the
lot/unit be maintained.
ARTICLE VIII
OFFICERS AND THEIR DUTIES
Section 1.
Enumeration of Officers. The officers of this association shall be a
president and vice-president, who shall at all times be members of the Board of
Directors, a secretary and a treasurer, and such other officers as the Board
may from time to time by resolution create.
Section 2. Election
of Officers. The election of officers shall take place at the first meeting
of the Board of Directors following each annual meeting of the members.
Section 3. Term. The
officers of this Association shall be elected annually by the Board and each
shall hold office for one (1) year unless he shall sooner resign, or shall be
removed, or otherwise disqualified to serve.
Section 4. 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.
Section 5.
Resignation and Removal. Any officer may be removed from office with or
without cause by the Board. Any officer may resign at any time by giving
written notice to the Board, the president or the secretary. The acceptance of
such resignation shall be necessary to make it effective.
Section 6.
Vacancies. A vacancy in any office may be filled by appointment by the
Board. The officer appointed to such vacancy shall serve for the remainder of
the term of the officer he replaces.
Section 7. Multiple
Offices. The offices of secretary and treasurer may be held by the same
person. No person shall simultaneously hold more than one of any of the other
offices except in the case of special offices created pursuant to section 4 of
this Article.
Section 8. Duties. The
duties of the officers are as follows:
President
(a) The president shall
preside at all meetings of the Board of Directors; see that orders and
resolutions of the Board are carried out; shall sign all leases, mortages,
deeds and other written instruments and shall co-sign all checks and promissory
notes.
Vice-President
(b) The vice-president
shall act in the place and stead of the president in the event of his absence,
inability or refusal, to act, and shall exercise and discharge such other
duties as may be required of him by the Board.
Secretary
(c) The secretary shall
record the votes and keep the minutes of all meetings and proceedings of the
Board and of the members; serve notice of meetings of the Board and of the
Association; keep appropriate current records showing the members of the
Association together with their addresses, and shall perform such other duties
as required by the Board.
Treasurer
(d)
The treasurer shall receive and deposit in appropriate bank accounts all monies
of the Association and shall disburse such funds as directed by resolution of
the Board of Directors; shall sign all checks and promissory notes of the
Association; keep proper books of account; cause an annual audit of the
Association books be made by a committee appointed by the Board of Directors of
at least two owners who are not members of the Board of Directors at the
completion of each fiscal year; and shall prepare an statement of income and
expenditures for the current fiscal year and the budget for the succeeding
fiscal year to be presented to the membership at its regular annual meeting and
deliver a copy of each to the members. AMENDED 13 June 1998
(e) The Ombudsman shall
be independent of the board of directors and shall conduct a hearing at the
request of homeowners who are accused of violating the rules and regulations of
the Place at Orem Homeowners Association and to make determination of whether
violations of the rules and regulations have in fact occured. AMENDED 10 June
2000 (copyedited 2014)
ARTICLE IX
COMMITTEE
The Association shall
appoint an Architectural Control Committee, as provided in the Declaration, and
a Nominating Committee, as provided in these By-Laws. In addition, the Board of
Directors shall appoint other committees as deemed appropriate in carrying out
its purpose.
ARTICLE X
BOOKS AND RECORDS
The Books, records and
papers of the Association shall at all times, during reasonable business hours,
be subject to inspection by any member. The Declaration, the Articles of
Incorporation and the By-Laws of the Association shall be available for
inspection by any member at the principal office of the association, where
copies may be purchased at reasonable cost.
ARTICLE XI
ASSESSMENTS
As more fully provided
in the Declaration, each member is obligated to pay to the Association annual
and special assessments which are secured by a continuing lien upon the
property against which the assessment is made. Any assessments which are not
paid when due shall be delinquent. If the assessment is not paid within thirty
(30) days after the due date, the assessment shall bear interest from the date
of delinquency at the rate of 10 percent (10%) per annum, and the Association
may bring an action at law against the Owner personally obligated to pay the
same or foreclose the lien against the property, and interest, costs and
reasonable attorney's fees of any such action shall be added to the amount of
such assessment. No Owner may waive or otherwise escape liability for the assessments
provided for herein by nonuse of the Common Area or abandonment of his Unit.
Section 2, Capital Reserve Fund: On April 29, 1989, owners in a general meeting established this fund
by assessing each unit $14 per month. This assessment will continue from
year-to-year unless rescinded in a general meeting by a majority of owners at
the meeting who are qualified to vote on association business. Use of this fund
is restricted to major repairs and replacements such as roofing, paving,
sewers, fences, and trees. Disbursements from the fund must be approved in
advance in a general meeting by a two-thirds majority of all owners at the
meeting who are qualified to vote on association business. The Board of
Directors will receive and invest payments received from owners for the fund
and return interest received to the fund. The Board at any time may act to
transfer any excess money from operation accounts to the capital reserve fund. AMENDED
16 NOVEMBER 2006
ARTICLE XII
AMENDMENTS
Section 1. These
By-Laws may be amended, at a regular or special meeting of the members, by a
vote of a mojority of a quorum of members present in person or by proxy, except
that the Federal Housing Administration or the Veterans Administration shall
have the right to veto amendments while there is Class B membership.
Section 2. In
the event of a conflict in any of the provisions of any such documents, the
documents shall govern or control in the following order or preference: (a)
this Declaration; (b) the Articles of Incorporation of the Association; (c) the
By-Laws of the Association; and (d) the Rules and Regulations.
ARTICLE XIII
MISCELLANEOUS
The fiscal year of the Association shall begin on
the first day of July and ending on the 31st day of June, except that the first
fiscal year shall begin on the date of incorporation. AMENDED 13 June 1998
IN WITNESS WHEREOF, we,
being all of the Directors of Park Place at Orem Homeowners Association, Inc.
have hereto set our hands this 31st day of October, 1983.
Wayne Luck
John L. Dester
Danny M. Hansen
STATE OF UTAH )
:ss.
COUNTY OF UTAH)
Subscribed and sworn to before me, a Notary Public, in and for Utah
County State of Utah, personally appeared John L. Dester, Wayne R. Luck,
Danny M. Hansen, Directors of Park Place at Orem Homeowners Association,
Inc., a corporation, known to me to be the persons whose names are subscribed
to the foregoing instrument and ackowledged to me that the same was the act of
Park Place at Orem Homeowners Association, Inc., a corporation, and that they
executed the same as the act of such corporation for the purposes and
consideration therein expressed and in the capacity therein stated.
WITNESS my hand an official seal this 31st day of October, 1983.
Carla
Laney
NOTARY
PUBLIC
My Commission Expires: Residing
at: Orem, Utah
S/84
34928
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