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By-Laws
Note: This is a reproduction of one copy of the By-Laws
and may contain inaccuracies. The official copy is on file
with the Cleveland County clerk's office.
CASCADE ESTATES SECTION 2 HOMEOWNERS' ASSOCIATION,
A PLANNED UNIT DEVELOPMENT
BYLAW ONE
OFFICES
The principal office of the Association shall be located at
4300 Brookfield, City of Norman, County of Cleveland, State of Oklahoma.
BYLAW TWO
PURPOSES AND OBJECTS
The purposes for which the Association has been formed are as
follows:
- To develop a community designed for safe, healthful, and
harmonious living.
- To promote the collective and individual property and
civic interests and rights of all persons owning property
in Cascade Estates Section 2 Addition.
- To care for the improvements and maintenance of the
public easements parkways grass plots and any facilities
of any kind dedicated to the community use and other
open spaces of the above-described subdivision.
- To cooperate with the owners of all vacant and unimproved
lots and plots now existing or that hereafter shall exist
in the tract in keeping them in good order and condition,
in preventing them from becoming a nuisance and a
detriment to the beauty of the tract and to the value of
the improved property therein, and to take any action
with reference to such vacant and unimproved lots and
plots as may be necessary or desirable to keep them from
becoming such nuisance and detriment.
- To aid and cooperate with the members of this Association
and all property owners in the tract in the enforcement
of such conditions, covenants, and restrictions on and
appurtenant to their property as are now in existence, as
well as any other conditions, covenants and restrictions,
as shall hereafter be approved by a majority vote of the
members of the Association.
- In general, but in connection with the foregoing, to do
any and all things necessary to promote the general
welfare of the residents and owners of any portions of
Cascade Estates Section 2 Addition and their property
interests therein.
- To acquire, own, or lease such real and personal property
as may be necessary or convenient for the transaction of
its business and the fulfillment of its purposes and
objects, and to exercise all rights, powers, and privileges
of ownership to the same extent as natural persons
might or could do.
- To arrange social and recreational functions for its
members.
- To exercise any and all powers that may be delegated to
it from time to time by the owners of real property in
the tract.
- This Association shall not engage in political activity
or pursue political purposes of any kind or character.
BYLAW THREE
MEMBERS
- Class of Members. The Association shall have two (2)
class of members. Class A Stock shall be issued to lot owners and
be entitled to one (1) vote per lot, and Class B Stock shall be
issued to the Declarant which shall be entitled to three (3) votes
per lot. The qualifications and rights shall be as follows;
- Every lot owner , of a residential lot in Cascade estates
Section 2 addition shall be a member. In construing the
provisions of this paragraph
- Members shall be bound by the Bylaws and amendments
thereto, the Covenants, Conditions and Restrictions of
Cascade Estates Section 2 Addition, and the policies,
rules and regulations at any time adopted by the
Association in accordance with these Bylaws.
- Members in this Association shall terminate on such
member's ceasing to be an owner of a residential building site.
- Voting Rights. Each member in good standing shall be
entitled to vote on each matter submitted to a vote of the members.
A member shall have one vote for each residential building site of
which he is an owner. Where two or more owners own a lot, only one
vote for such lot or unit owned shall be allowed, and such joint
owners shall designate and register with the secretary of the
Association the name of that owner entitled to cast such single
vote.
- At membership meetings all votes shall be cast in person,
or by proxy registered with the secretary.
- he Board of Directors is authorized to establish
regulations providing for voting by mail.
- Assignment of Rights. An owner who is a member of the
Association may not assign his voting rights.
BYLAW FOUR
MEETINGS OF MEMBERS
- Annual Meeting. An annual meeting of the members for the
purpose of hearing reports from all officers and standing committees
and for electing Directors shall be held on the 2nd Tuesday of
February each year, beginning with the year 2000. The time and
place shall be fixed by the Directors.
- Regular Meetings. In addition to the annual meetings,
regular meetings of the members shall be had at such time and place
as shall be determined by the Board of Directors.
- Special meetings. A special meeting of the members may
be called by the Board of Directors. A special meeting of the
members must be called within fifteen (15) days by the president,
or the Board of Directors, if requested by not less than fifty
percent (50%) of the members having voting rights.
- Notice of Meetings. Written notice stating the placed
day, and hour of any meeting of members shall be delivered either
personally or by mail to each member entitled to vote at such
meeting, not less than sixty (60) days before the date of such
meeting, or at the direction of the secretary.
- Quorum. The members holding sixty percent (60%) of the
votes that may be cast at any meeting shall constitute a quorum at
any meeting of the members. In the absence of a quorum, a majority
of the members present may adjourn the meeting from time to time
without further notice.
- Proxies. At any meeting of the members, a member
entitled to vote may vote by proxy executed in writing by the
member. No proxy shall be valid after two ( 2 ) months from the date
of its execution, unless otherwise provided in the proxy.
- Voting by Mail. Where directors or officers are to be
elected by members, or where there is an act requiring the vote of
the members, such election or vote on such proposed action may be
conducted by mail in such manner as the Board of Directors shall
determine.
BYLAW FIVE
BOARD OF DIRECTORS
- General Powers. The affairs of the Association shall be
managed by the Board of Directors, subject to instructions of the
members of the Association at a regular meeting, or subject to the
approval of the membership as expressed by a vote of the membership.
- Number, Qualification and Appointment or Election. Until
the first annual meeting of the Association, the affairs of the
Association shall be governed by a Board of Directors consisting of
three (3) persons appointed by Declarant. At such first meeting,
there shall be elected not less than three (3) Directors. Each
director shall be a member of the Association, and shall hold
office until two (2) annual meetings of the members following his
original qualification shall have been held, and until his
successor shall have been elected and qualified.
- Regular Meetings. The Board of Directors shall meet
regularly at least once a quarter, at a time and place it shall
select.
- Special Meetings. A special meeting of the Board of
Directors may be called by or at the request of the president or of
any three (3) Directors.
- Notices. Notice of any special meeting of the Board of
Directors shall be given at least ten (10) days prior thereto, by
Written notice delivered personally or sent by mail to each
director. Any director may waive notice of any meeting.
- Quorum. A majority of the Board of Directors shall
constitute a quorum for the transaction of business at any meeting
of the board, but if less than a majority of the Directors are
present at said meeting, a majority of the Directors present may
adjourn the meeting from time to time, and without further notice.
- Manner of Acting. The act of a majority of the Directors
present at a meeting at which a quorum is present shall be the act
of the Board of Directors, unless the act of a greater number is
required by law or by these bylaws.
- Vacancies. Any vacancy occurring the Board of Directors,
and any directorship to be filled by reason of the increase in the
number of Directors, shall be filled by election by the Board of
Directors. A Director elected to fill a vacancy shall be elected
for the unexpired term of his predecessor in office.
BYLAW SIX
OFFICERS
- Officers. The officers of the Association shall be a
president, vice-president, a secretary, and a treasurer.
- Qualifications and Method of Election. The officers
shall be members of the Association, shall be elected by the Board
of Directors, and shall serve for a term of two (2) years. The
president and vice-president shall be members of the Board of
directors.
- President . The president shall preside at all meetings
of the association and of the Board of Directors at which he is
present shall exercise general supervision of the affairs and
activities of the Association, and shall serve as a member ex
officio of all standing committees.
- Vice-president. The vice-president shall assume the
duties of the president during his absence .
- Secretary . The secretary shall keep the minutes of all
of the meetings of the Association and of the Board of Directors,
which shall be an accurate and official record of all business
transacted . The secretary shall be custodian of all corporate
records .
- Treasurer. The treasurer shall receive all Association
funds , keep them in a bank approved by the Board of Directors , and
pay out funds only on notice signed by him and by one other
officer. The treasurer shall be a member ex officio of the finance
committee.
- Vacancies . A vacancy in any office because of death,
resignation , removal , disqualification, or otherwise , may be filled
by any member of the Board of Directors for the unexpired portion
of the term .
BYLAW SEVEN
FEES, DUES, AND ASSESSMENTS
- Admission Without Fee. Record ownership of a residential
building lot without payment of an admission fee, shall establish
the owner as a member of this Association.
- Annual Dues. The annual dues shall be the same for each
member and shall be Two Hundred Twenty-Five Dollars ($225) per
year, subject to such modification as a majority of the Directors
may require, provided, however, that no increase above five percent
(5%) per year may be determined without three-fourths (3/4ths) of
the members approving such increase.
- Payment of Dues. The annual dues shall be payable in one
(1) payment, the one such payment to be paid on the 1st day of
April, 2000 and all subsequent payments to be paid on the 1st day,
of each April thereafter during the period of such membership.
- Special Assessments. Special assessments may be levied
on members of this association only be a vote of two-thirds
(2/3rds) of the majority of all members of the Association. The
procedure for voting on proposed assessments shall be the same as
the procedure provided herein for voting on amendments to these
bylaws.
- Default in Payment of Dues or Assessments.
- When any member shall be in default in the payment
of dues or assessments, he shall, for purposes of
voting, not be considered as a member in good
standing. In addition. such member shall be
dropped from active membership and placed on the
inactive list. Such member shall not be reinstated
until he has paid dues and assessments in full,
together with ten percent (10%) interest per annum,
and until such time as such member is reinstated,
he shall have no rights of any kind arising out of
a members in the Association.
- In addition to the foregoing, if any member shall
fail to pay his assessments as the same become due,
the failure of payment of the assessments after
on
thirty (30) days' written notice of such delinquency
given by the Association to such member, the
amount of the assessment shall become a lien on
such member's lot in the subdivision in favor of
the Association, and the Association shall have the
right to record a notice of claim of lien, and
proceed thereon for the foreclosure and enforcement
of liens; or, in the event the Association shall
not record a lien, it shall have the right to
commence an in personae action against such member
for the collection of the assessments in any court
of competent jurisdiction.
BYLAW EIGHT
FISCAL YEAR
The fiscal year of the Association shall be the calendar year.
BYLAW NINE
AMENDMENTS
Any proposed amendment to these bylaws may be submitted in
writing at any meting of the members of the Association. Such
proposed amendments shall be discussed at the meeting of the
members following the meeting at which the proposed amendment was
submitted, and shall be voted on by the members of the Association
at a date that shall not be earlier than the second meeting
following the initial submission of the proposed amendment. Such
proposed amendment must be signed by three (3) members of the
Association shall be read to the meeting by the secretary, and
shall be printed on ballots distributed to all members by mail.
A proposed amendment shall become effective when approved by
a two-thirds (2/3rds) majority of the members entitle to vote.
EXECUTED this 13th day of October, 1999, by the undersigned,
being all the Directors of Cascade Estates Section 2 Homeowners'
Association.
BEN E. NEWCOMER
MICKEY L. CLAGG
DEBBIE CLAGG
STATE OF OKLAHOMA )
) ss:
COUNTY OF CLEVELAND )
The foregoing instrument was subscribed and sworn to before me
on this 13th day of October, 1999, by Ben E. Newcomer, Mickey L.
Clagg and Debbie Clagg.
NOTARY PUBLIC
My Commission Expires:
May 7, 2000
[NOTARY SEAL]
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