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By-Laws of ARTICLE I The name of the corporation is SUMMIT VILLAGE, INC., hereinafter referred to as the "Association". The principal office of the corporation shall be located at Summit Village, Douglas County, Nevada, but meetings of members and directors may be held at such places within the State of Nevada, County of Douglas, as may be designated by the Board of Directors. ARTICLE II Definitions shall be set forth in the Declaration of Covenants, Conditions and Restrictions for Summit Village, Inc., hereinafter called the Declaration. ARTICLE III Section 1 - Annual Meetings The regular annual meeting of the members shall be held on the last Sunday of July of each year, at the hour of 12:00 o'clock noon. Section 2 - Special Meetings Special meetings of the members may be called at any time by the president or by the Board of Directors, or upon written request of the members who are entitled to vote one-fourth (1/4) of all of the votes of the existing memberships. 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 thirty (30) days before such meeting to each member entitled to vote thereat, 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. Section 4 - Quorum The presence at the meeting of members entitled to vote, or of proxies entitled to vote, one-tenth (1/10) of the votes of existing memberships shall constitute a quorum for any action except as otherwise provided in the Articles of Incorporation, the Declaration of CC&R's, or these By-Laws. If, however, such quorum shall not be present or represented at any meeting, the members entitled to vote thereat shall 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 be represented. Section 5 - Proxies At all meetings of members, each member may vote in person by proxy. All proxies shall be in writing and filed with the secretary of the Association by the members prior to the meeting. Every proxy shall be revocable and shall automatically expire upon conveyance by the member of his Lot. ARTICLE IV Section 1 - Number The affairs of this Association shall be managed by a Board of five (5) directors, who shall be existing members of the Association. Section 2 - Term of Office At the first annual meeting, the members shall elect five directors for a term of one year. Effective July, 1991, the members shall elect three directors to two-year terms and the remaining two directors to one-year terms. Subsequent elections will be for a two-year period in order to stagger the terms in order that approximately 50% of the Board is elected each year. 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 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 Directors shall receive no compensation except that each director shall receive a credit equal to the annual dues of one developed unit. Any director may also 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 could take at a meeting by obtaining the written approval of a majority of the directors. Any action so approved shall have the same effect as though taken at a meeting of the directors. ARTICLE V 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 at least sixty (60) days prior to each annual meeting of the members. 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 existing members. Section 2 - Election 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. ARTICLE VI Section 1 Regular Meetings Regular meetings of the Board of Directors shall be held monthly on the third Monday, at such place and hour as may be fixed from time to time by resolution of the Board. 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. Section 3 - Quorum A majority of the member of directors shall constitute a quorum for the transaction of business. Every act or decision done or 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 of the Board. ARTICLE VII Section 1 - Powers The board of Directors shall have the power to:
Section 2 - Duties It shall be the duty of the Board of Directors to:
ARTICLE VIII
OFFICERS AND THEIR DUTIES Section 1 - Enumeration of Offices The offices of this Association shall be a president, and a secretary/treasurer, who both shall at all times be members of the Board of Directors, 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 at 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 giving written notice to the Board, the president or the secretary. Such resignation shall take effect on 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. 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:
ARTICLE IX
COMMITTEES The Board of Directors may 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 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 a reasonable cost. ARTICLE XI As more fully provided in the Declaration, each member is obligated to pay 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 18% per annum, and the Association may bring an action at law or in equity 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 each assessment. No Owner may waive or otherwise escape liability or the assessments provided for herein by non-use of the Common Area or abandonment of his lot. ARTICLE XII Section 1 These By-Laws may be amended, at a regular or special meeting of the members, by a vote of a majority of a quorum of members present in person or by proxy. Section 2 In the case of any conflict between the Articles of Incorporation and these By-Laws, the Articles shall control; and in the case of any conflict between the Declaration and these By-Laws, the Declaration shall control. |
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