DUQUETTE
PINES ARCHITECTURAL CONTROL BOARD, INC. dba
DUQUETTE
PINES HOMEOWNERS ASSOCIATION
1. “ASSOCIATION”
shall mean and refer to the Duquette Pines Architectural Control Board, Inc.,
dba Duquette Pines Homeowners Association, a non-profit
corporation organized under the laws of the State of
1.2. “PROPERTIES
or LOTS” shall mean and refer to any real property situated in Boise County,
Idaho, now or hereafter subjected to Association assessments pursuant to covenants
filed of record in the office of the Boise County Recorder.
1.3. “COMMON
AREA” shall mean all real property (including any improvements thereto) within
the Properties which is available for common use and enjoyment of the owners
of lots within the Properties, including roads and central water system facilities
and equipment, as well as fire-fighting equipment and operation.
1.4. “BOARD
MEMBER” shall mean those individuals elected by owners to serve as the Board
of Directors of the Association and referred to as the Architectural Control
Board members in the Covenants, Conditions and Restrictions (CCRs).
ARTICLE
III:
ARTICLE
IV: PURPOSE
ARTICLE
V: OFFICERS
recorded
as Instrument No. 76383, recorded on April 21, 1971, Records of Boise County,
State of Idaho; the Declaration of Covenants, Conditions and Restrictions,
Duquette Pines, Division No. 2 which Declaration is recorded as Instrument
No. 86073, recorded on April 5, 1977, Records of Boise County, State of Idaho;
the Declaration of Covenants, Conditions
and Restrictions,
Duquette Pines, Division No. 3 which Declaration is recorded as Instrument
No. 91627, recorded on April 26, 1979, Records of Boise County, State of Idaho;
and the Declaration of Protective Covenants, Conditions,Restrictions
and Easements for Duquette Pines, Division No. 4 which Declaration is recorded
as Instrument No. 184261, recorded on January 15, 2002, Records of Boise County,
State of Idaho; and all supplements and amendments thereto are hereby incorporated
and made a part of these Bylaws by reference. All references to "the
Subdivision" herein shall mean Duquette Pines Divisions 1, 2, 3, and
4 as described in the Declarations and amendments or supplements thereto and
"out parcels" identified as RP06N05E241253A. R[06N05E242456A,
RP06N05E136651A, R06N05E166652A, R06N05E166653A, R06N05E166654A, R06N05E166655A,
and RP06N05E242455A.
ARTICLE
VII: MEMBERSHIP AND VOTING
In the
event of dispute as to membership, the ownership of such lot as shown in the
public records of the
The name,
names or entity under which membership appears on the books and records of
the Association shall be maintained until such time as satisfactory evidence
of a change in membership is presented to the Secretary.
B. Voting.
The owner or owners have one vote regardless of the number of lots owned. The
lot owner in the Subdivision may, by notice to the Association, designate
one person (who need not be an Owner) to exercise their vote. Said designation
shall be revocable at any time by notice to the Association by the Owner. Such
powers of designation and revocation may be exercised by the conservator of
an Owner’s estate, or in the case of a minor having no guardian, by the parent
entitled to his/her custody, or during the administration of an Owner’s estate
by his/her executor or administrator where the Owner’s interest in said property
is subject to administration in his/her estate. The contract seller shall
exercise the vote applicable to a lot being sold under contract of purchase,
unless the contract expressly provides otherwise.
C. Joint
Owner Disputes. The vote shall, if at all, be cast as a unit, and fractional
votes shall not be allowed. In the event that joint Owners are unable
to agree among themselves as to how their vote shall be cast, they shall lose
their right to vote on the matter in question. If any Owner casts a vote
representing a certain Lot, it will thereafter be conclusively presumed for
all purposes that he/she or they were acting with the authority and consent
of all other Owners of the same
D. Quorum. The
presence at any meeting, in person or by proxy of the owners entitled to vote,
of at least 34 percent of the total votes shall constitute a quorum. If
any meeting cannot be held because a quorum is not present, the owners present,
either in person or by proxy, may, except as otherwise provided by law, adjourn
the meeting to a time not less than ten days nor more than sixty days from
the time the original meeting was called, at which meeting the quorum requirement
shall be the presence of the owners entitled to vote at least 34 percent of
the total votes. Unless one-third or more of the voting power is present
in person, by proxy, or by mailed written ballot or by absentee ballot, the
only matters that may be voted upon at an annual or regular meeting of owners
are those matters that are describe in the meeting notice.
ARTICLE
VIII: OWNER MEETINGS
At each
annual meeting, the Board will present a written financial statement for the
current assessment year and new assessment rate calculations for each
B. Special
Owner Meetings. A special meeting of the Owners may be called at any
reasonable time and place by the President or by the Board Members, or upon
written request of the one-fourth (1/4) of all owners.
C. Notification
of Annual and Special Owner meetings shall be made fifteen (15) days in advance
through use of posting announcements in a pre-designated place or Association
newsletter. 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. The
Association Board shall set the agenda for the owner meetings and the order
of business on the agenda shall be observed insofar as it is consistent with
the purposes and objectives of the meeting. In the alternative, notice
may be given by mailing to the members at their addresses of record with the
Association.
The Corporation
will make the list of members available at the meeting upon the request of
any owner or the owner’s agent or attorney. Any owner or owner’s agent
or attorney is entitled to inspect the list at any time during the meeting
or any adjournment.
D. Conduct
of the Meeting. At all meetings of the owners the following order of
business shall be observed insofar as it is consistent with purposes and objectives
of the meeting:
1. Calling
the roll of Association members;
1.2.
Reading agenda;
1.3.
Reports of officers/Board members;
1.4.
Reports of committees;
1.5.
Unfinished business;
1.6.
New business;
1.7.
Board member nominations (when applicable);
1.8.
Miscellaneous business.
ARTICLE
IX: BOARD MEMBERS (BOARD OF DIRECTORS)
B. Number. The
Board shall consist of five (5) voting members.
C. Alternate
Board Members. There shall be two alternate Board Members elected by
the owners but they shall have no voting rights as a Board Member. Alternates
have no specific defined duties until elected to serve as a Board Member. In
addition, the president may appoint as non-voting Board Members a secretary
and/or treasurer.
D. Qualification;
Election; Term. Persons eligible for a position as a Board Member must
be property owners in good standing. When applicable, nominations shall
be automatically opened at the annual owners meeting and close no later than
June 15. Ballots will be mailed to all owners no later than June 23,
and voting completed by July 15. Each Board Member or alternate shall
serve for a term of three years beginning on August 1 and shall continue in
office until his or her successors are fully elected and qualified.
E. Board
Member Duties. The Board Members as elected by the owners shall manage the
Association. The Board shall be accountable to the property owners of Duquette
Pines and shall strictly comply with these bylaws. The duties shall include
but are not limited to; election of the Board officers, appoint committees
to perform necessary functions, present recommendations documenting property
owners concerns and manage the daily affairs of Duquette Pines Homeowners
Association, and attend all required meetings, and provide required representation
to any city, county, state, or federal municipality as required
G. Vacancies. Any
vacancy occurring on the Board whether by removal, resignation, death, increase
in the number of Board Members or otherwise, may be filled by an elected alternate
for the remainder of the Board Member’s term and appointed by the majority
vote of the remaining qualified Board Members. An alternate selected
to fill a vacancy on the Board shall hold office for the remainder of the
vacating member’s term or until the next annual election of Board members,
which ever shall first occur, and shall continue in such office only until
his/her successor is duly elected and qualified.
H. Board
Meetings. There shall be on average one (1) board meeting per month or
as deemed necessary. The Board’s regular meetings are to be held at pre-determined
places, dates and times. After the establishment of the date, time and
place for such regular meetings, no further notice thereof need be given. Any
owner may request the Board for agenda time. These meetings shall be
open to owner attendance. The President of the meeting has the power
to control the extent of owner participation in these meetings. When
an action or motion is brought before the Board, the Board may recommend acceptance
of the proposal, denial of the proposal, deferral of the proposal pending
further study, acceptance of the proposal with conditions or referral of the
proposal to a committee, etc.
Written
waiver of notice signed by a Board Member director or attendance at a meeting
of the Board shall constitute a waiver of notice of any such meeting, except
where attendance is for the express purpose of objecting to either the failure
to receive such notice or defects contained therein.
J. Quorum;
Vote Required; Adjournment. At any meeting of the Board, a majority of
the elected Board members shall constitute a quorum. If a quorum is present,
the action of a majority of the directors present and voting shall be the
act of the Board except as otherwise specifically required by the Articles
of Incorporation or these Bylaws. If a quorum is not present, the majority
of the Board members present may adjourn the meeting from time to time without
further notice other than announcement of the meeting.
K. Action
of Board Members Without a Meeting. Any action,
which is required to be taken, or any other action which may be taken at a
meeting of the Board may be taken without such meeting if a consent in writing
setting forth the action so taken shall be signed by all of the Board Members
entitled to vote with respect to the subject matter thereof.
Other
committees not having the right to exercise the authority of the Board in
the management of the Association may be designated and appointed by a resolution
adopted by a majority of the Board Members at a meeting at which a quorum
is present, or by the President, authorized by a like resolution of the Board
Members. Membership on such committees need not be limited to Board members.
P. Compensation. No
Board Member shall receive compensation for any service he/she may render
to the Association. However, any Board Member may be reimbursed for the
member’s actual expenses incurred in the performance of the member’s duties.
ARTICLE
X: OFFICERS
B. Vice
President. A Vice President shall perform the duties and exercise the power
of the President in case of the President’s sickness, disability, absence,
death, inability or failure to act, and the Vice President shall perform such
other duties, carry out such other responsibilities, and have such other authority
as may be delegated to the Vice President from time to time by the President
or the Board.
C. Secretary.
The Secretary shall attend all sessions of the Board and all owner meetings
and act as the clerk hereof and record all votes and the minutes of all proceedings
in a book to be kept for that purpose. The Secretary shall be the custodian
of the records and of the seal of the corporation and shall affix the corporation
seal to all documents requiring the same and shall see that all notices are
duly given in accordance with the provisions of these Bylaws and as required
by law. The Secretary shall see that all books, records, reports and
other documents of the Association are properly kept and filed in accordance
with the provisions of these Bylaws as is required by law, and in general
the Secretary shall perform all duties incident to the office of secretary
and as required by law and the Secretary shall perform such other duties,
carry out such other responsibilities, and have such other authority as may
be delegated to the Secretary from time to time by the President or the Board. The
Board may appoint one or more Assistant Secretaries who may act in place of
the Secretary in case of the Secretary’s sickness, disability, absence, death,
inability or failure to act.
D. Treasurer. The
Treasurer shall have charge and custody of and be responsible for all moneys
and securities of the Association. The treasurer shall deposit all monies
and other valuable effects in the name and to the credit of the Association
in such banks and depositories designated by the Board. The Treasurer
shall keep books of account and records of all transactions as Treasurer and
of the financial condition of the Association and shall submit such reports
thereof as the Board may from time to time require; prepare payroll disbursements,
quarterly/annual payroll tax and other reports required by federal, state
and insurance agencies; as needed prepare federal and state income tax reporting
forms; and in general shall perform all of the duties incident to the office
of the Treasurer as required by law. The Treasurer shall perform such
other duties, carry out such other responsibilities, and have such other authority
as may be delegated from time to time by the President or the Board. The
Board may appoint one or more Assistant Treasurers who may act in place of
the Treasurer in case of death, sickness, disability, absence, inability or
failure to act.
B. Compensation.
Agents, and employees shall receive such reasonable
compensation for their services as may be authorized or ratified by the Board. Appointment
of any officer, agent, or employee shall not of itself create contractual
rights of compensation for services performed by such officer, agent, or employee,
provided that no officer or Board member or Declarant
or any affiliate of Declarant may receive any compensation.
C. Conveyance
and Encumbrances. Association property may be conveyed or encumbered
except as restricted by this paragraph by authority of the Board or such other
person or persons to whom such authority may be delegated by resolution of
the Board or of the executive committee thereof. Conveyances or encumbrances
shall be by instrument executed by the President or Vice President and by
the Secretary or the Treasurer or executed by such other person or persons
to whom such authority may be delegated by the Board of the executive committee
thereof. The Association may not convey, transfer or encumber corporate
property except in the following cases:
1) The
value of the real property or encumbrance is $100,000.00 or less, and the
acreage is twenty-five (25) acres or less; or
1)2) The
value of the amenity is $10,000.00 or less; or
1)3) The
Association property is exchanged for like real property
in size and value within or contiguous to the Subdivision.
1)4) The
Association property (including but not limited to any water or irrigation
system) is being dedicated or transferred to a public body, agency, authority
or utility to be used for the same or similar purposes, including the granting
of easements, conveyance or dedication of subdivision roads and rights-of-way.
C. Assessments. In
addition to the regular assessments levied by the Board it may levy assessments
for the purpose of making Capital Improvements to the Association property
or to meet unforecasted requirements. These assessments would normally
occur when sufficient reserve monies are not available to fund the required
expenditure(s).
E. Seal. The
Board Members may adopt a corporate seal of such design as may be appropriate.
F. Records. The
Association shall maintain accurate, correct and complete books, records and
accounts of its business and properties which shall all be kept at such place
as is from time to time fixed and designated by the Board Members.
ARTICLE
XII: AMENDMENTS TO BYLAWS
ARTICLE
XIII: NOTICE TO MORTGAGES
APPROVED
AND ADOPTED this 25th day of July 2001, by the undersigned, all the Board
Members of the Association.
______________________________________
Steve
Webb, President
______________________________________
Craig
Davidson
______________________________________
Ray Eklund
Jim Rodgers
Carolyn
Tompkins
Notarized
this _____th day of _______________ in the year ______
by
_________________________
in the State of
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