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HomeMy WebLinkAbout895037 :RECEIVED ~f'-K'..__~'~ ~_~oo ,2t~ ..~.t~Ad~Q.~L~ LINCOLN COUNTY CLERK 8 9 5 0 3 -/ 03 - s BYLAWS QF THE LOST ELK TowNHousE III ARTICLE I PLAN OF TOWNHOUSE OWNERSHIp Section One: Townhouse Ownership. The project located at 625 Alpine Drive, Alpine, County of Lincoln, Sate of Wyoming, more particularly described as folloWs: Lot numbered 623C of Lakeview Estates, Incorporated Tracts A-F, A Subdivision within the Town of Alpine, within the NE¼SW¼ Section 29, T37N, R118W, Lincoln County, Wyoming. and described on the official plat of said subdivision,.duly recorded in the office of the County Clerk.and Ex-Officio Register of Deeds of Lincoln County, Wyoming, together with all improvements thereon, and easements, appurtenances and incidents belonging or appertaining thereto, or used in connection therewith; subject, however, to all mining, mineral and other exceptions; reservations, covenants, subsidence, conditions and rights of way of records. Section Two: Bylaws Appficability. The provisions of these bylaws are applicable to the project and incorporated by reference to the Covenants, Conditions and Restriction being filed and made record to the above-described real property. (The term "project" as used in these bylaws shall include the land.) Section Three: Personal Application. All present or future owners, tenants, future tenants, or their employees, or any other person that might use the facilities of the project in any manner, are subject to the regulations set forth in these bylaws. The mere acquisition or rental of any of the family units, referred to as units, of the project, or the mere act of occupancy of any of the units, will signify that these bylaws and provisions of the regulatory agreement are accepted, ratified, and will be complied with. ARTICLE II VO TING; MAJORITY; QUORUM; PROXIES Section One: Voting. Voting shall be in compliance with the Covenants, Conditions and Restrictions recorded and attaching to the described real property herein. Bowers Law Office, P.C. 106 Hospital Lane P..O. Box 1550 Alton, WY 83110 (307) 885~0640 Page 1 of 10 ARTICLE III '~ 0 ~ ADMINISTRATION Section One: Association Responsibilities. The owners of the units will constitute the Lost Elk Townhouse III Association, referred to as association, who will have the responsibility of administering the project, approving the annual budget, establishing and collecting monthly assessments, and arranging for the management of the project pursuant to an agreement containing provisions relating to the duties, obligations, removal, and compensation of the management agent. Except as otherwise provided, decisions and resolutions of association shall require approval by a majority of owners. Section Two: Place of Meetings. Meetings of association shall be held at the principal office of the project or such other suitable place convenient to the owners as may be designated by the board of directors. Section Three: Annual Meetings. The first annual meeting of association shall be held on November 4, 2003. Thereafter, annual meetings shall be held on the first Tuesday of October of each succeeding year. At such meetings there shall be elected a board of directors in accOrdance with the requirements of the Covenants, Conditions and Restrictions and these bylaws. The owners may also transact such other business of association as may properly come before them. section Four: Special Meetings. It shall be the duty of the president of the board of directors to call a special meeting of the owners as directed by resolution of the board of directors or on a petition signed by a majority of the owners and having been presented to the secretary, or at the request of the federal housing commissioner or a duly authorized representative. No business shall be transacted at a special meeting except as stated in the notice unless by consent of four-fifths of the owners present, either in person or by proxy. Section Five: Notice of Meetings. It shall be the duty of the secretary to mail a notice of each annual or .special meeting, stating the purpose as well as the time and place of the meeting, to each owner of record, at least five but not more than 10 days prior to such meeting. The mailing of notice in the manner provided in this section shall be considered notice served. Notices of all meetings shall be mailed to the director of the local insuring office of the Federal Housing Administration. Section Six: Adjourned Meetings. If any meeting of owners cannot be organized because a quorum has not attended, the owners who are present either in person or by proxy may adjourn the meeting to a time not less than 48 hours from the time the odginal meeting was called. Bowers Law Office, P. Ci 106 Hospital Lane P. O. Box 1550 Alton, WY83110 (3oF) 885-o64o Page 2 of 10 9O9 Section Seven: Order of Business. The order of business at all association meetings shall be as follows: (a) Roll call. (b) Reading of minutes of preceding meeting. (c) Reports of officers. (d) E ect on of Directors (f) Unfinished Business (g) New Business ARTICLE IV BOARD OF DIRECTORS Section One: Number and Qualification. The association's affairs shall be governed by a board of directors composed of three (3) persons, two (2) wh° must be owners of units in the project and the third director being mutually agreed upon by the other two board members. Section Two: Powers and Duties. The board of directors shall have the powers and duties necessary for the administration of association's affairs and maydo all such acts and things as are not by law or by these bylaws directed to be exercised and done by the owners. ' Section Three: Other Duties. In addition to duties imposed by these bylaws or by resolutions of association, the board of directors shall be responsible for the following: (a) Care, upkeep, and surveillance of the project and common areas and faCilities and the restricted common areas and facilities. (b) Collection of monthly assessments from the owners. (c) Designation and dismissal of the personnel necessary for the maintenance and operation of the project, the common areas and facilities, and the restricted common areas and facilities. Bowers Law office, P.C. 106 Hospital Lane P.O. Box 1550 Aflon, W¥83110 (307) 885-0640 Page 3 of 10 0& 95037 910 Section Four: Management Agent. The board of directors may employ for association a management agent at a compensation established by the board to perform such duties and services as the board shall authorize, including, but not limited to, the duties listed in Section Three of this article. Section Five: Election and Term of Office. At the first annual meeting of association, the term of office of the directors shall be fixed for three years. At the expiration of the initial term of office of each respective director, a successor shall be elected to serve a term of three years. The directors shall hold office until their successors have been elected and hold their first meeting. Section Six: Vacancies. Vacancies in the board of directors caused by any reason other than the removal of a director by a vote of association shall be filled by vote of the majority of the remaining directors, even though they may constitute less than a quorum; and each person so elected shall be a director until a successor is elected at association's next annual meeting. Section Seven: Removal of Directors. At any regular or special meeting duly called, any one or more of the directors may be removed with or without cause by a majority of the owners, and a successor may then and there be elected to fill the vacancy thus created. Any director whose removal has been proposed by the owners shall be given an opportunity to be heard at the meeting. Section Eight: Organization Meeting. The first meeting of the newly elected board of directors shall be held within 10 days of election at such place as shall be fixed by the directors at the meeting at which such directors were elected, and no notice shall be necessary to the newly elected directors in order legally to constitute such meeting, provided a majority of the whole board shall be present. Section Nine: Regular Meetings. Regular meetings of the board of directors may be held at such time and place as shall be determined, from time to time, by a majority of the directors, but at least two such meetings shall be held during each fiscal year. Notice of regular meetings of the board of directors shall be given to each director, personally or by mail, telephone, or telegraph, at least three days prior to the day named for such meeting. Section Ten: Special Meetings. Special meetings of the board of directors may be called by the president on three days' notice to each director, given personally or by mail, telephone, or telegraph, which notice shall state the time, place, and purpose of Bowers Law Office, P.C. 106 Hospital Lane P.O. Box 1550 Afton, WY 83110 ¢07) 885,0640 Page 4 of 10 the meeting. Special meetings of the board of directors shall be called by the p~&~ent or secretary in like manner and on like notice on the written request of at least three directors. Section Eleven: Waiver of Notice. Before or at any meeting of the board of directors, any director, in writing, may waive notice of such meeting and such waiver shall be deemed equivalent to the giving of such notice. Attendance by a director at any meeting of the board'shall be a waiver of notice by such director of the time and place of the meeting. If all the directors are present at any meeting of the board, no notice shall be required and any business may be transacted at such meeting. Section Twelve: Quorum. At all meetings of the board of directors, a majority of the directors shall constitute a quorum for the transaction of business, and the acts of the quorum shall be the acts of the board of directors. If, at any meeting of the board of directors, there be less than a quorum present, the members .present may adjourn the meeting from time to time. At any such meeting, any business that might have been transacted at the meeting as originally called may be transacted without further notice. ARTICLE V OFFICERS Section One: Designation. The principal officers of association shall be a preSident, a vice-president, and secretary/treasurer, all of whom shall be elected by and from the board of directors. Section Two: Election of Officers. The officers of association shall be elected annually by the board of directors at the organization meeting of each new board and shall hold office at the pleasure of the board. Section Three: Removal of Officers. On an affirmative vote of a majority of the members of the board of directorS, any officer may be removed, either with or without cause, and a successor elected at any regular meeting of the board of directors, or at any special meeting of the board called for such purpose. Section Four: President. The president shall be the chief executive officer of the association. The president shall preside at all meetings of the association and of the board of directors. The president shall have all of the general powers and duties that are usually vested in the office of president of an association, including but not limited to the power to appoint committees from among the owners from time to time as the president may decide is appropriate to assist in the conduct of association's affairs. Bowers Law Office, P. C. ~06 Hospital Lane P.O. Box 1550 Alton, WY 83110 (307) 885-0640 Page 5 of 10 Section Five: Vice-President. The vice-president shall take the place of the president and perform duties whenever the president shall be absent or unable to act. If neither the president nor the vice-president is able to act, the board of directors shall 'appoint some other member of the board to do so on an interim basis. The vice- president shall also perform such other duties as shall from time to time be imposed by the board of directors. section Six: Secretary. The secretary shall keep the minutes of all meetings of the board of directors and the minutes of all meetings of association; shall have charge of such books and papers as the board of directors may direct; and shall, in general, perform all the duties incident to the office of secretary. Section Seven: Treasurer. The treasurer shall have responsibility for association funds and securities and shall be responsible for keeping full and accurate accounts of all receipts and disbursements in books belonging to association. The treasurer shall be responsible for the deposit of all moneys and other valuable effects in the name, and to the credit of, association in such depositories as may from time to time be designated by the board of directors. ARTICLE VI OBLIGATIONS OF OWNERS Section One: Assessments. All owners are obligated to pay monthly as- sessments imposed by association to meet all project communal expenses, which may include a liability insurance policy premium and an insurance premium for a policy to cover repair and reconstruction work in case of hurricane, fire, earthqUake, or other hazard. The assessments shall be made pro rata according to the value of the unit owned, as stipulated in the master deed. Such assessments shall include monthly payments to a general operating reserve and a reserve fund for replacements, as required in the regulatory agreement attached as Exhibit C to the plan of t°wnhouse ownership. Section Two: Maintenance and Repair. (a) Every owner must perform promptly all maintenance and repair work within the individual unit which, if omitted, would affect the project in its entirety or in a part belonging to other owners, being expressly responsible for the damages and liabilities that failure to do so may engender. Bowers Law Office, P.C. 106 Hospital Lane P.O. Box 1550 Afton, WY83110 (30-/) 8a5-0640 Page 6 of 10 913 (b) All the repairs of internal installations of the unit such as water, light, gas, power, sewage, telephones, air conditioners, sanitary installations, doors, windows, lamps, and all other accessories belonging to the unit area shall be at the owner's expense. (c) An owner shall reimburse association for any expenditures incurred in repairing or,replacing any common area and facility damaged through such owner s fault. Section Three: Use of Family Units--Internal Changers. (a) All units shall be utilized for residential purposes only. (b) An owner shall not make structural modifications or alterations in a unit or installations located therein without previously notifying association in writing. The association shall have the obligation to answer within 10 days, and failure to do so within the stipulated time shall mean that there is no objection to the proposed modification or alteration. Section Four: Use of Common Areas and Facilities and Restricted common Areas and Facilities. (a) An owner shall not place or cause to be placed in the stairways and other project areas and facilities Of a similar nature, both common and restricted, any furniture, packages, or objects of any kind. Such areas shall be used for no other purpose than for normal transit through, them. Section Five: Right of Entry. (a) An owner shall grant the right of entry to the management agent or to any other person auth'orized by the board of directors or association in case of any emergency originating in or threatening the owner's unit, whether the owner is present at the time or not. (b) An owner shall permit other owners, or their representatives, when so required, to enter the unit for the purpose of installing, altering, or repairing the mechanical or electrical services, provided that requests for entry are made in advance and that such entry is at a time convenient to the owner. In case of an emergency, such right of entry shall be immediate. Bowers Law Office, P.C. 106 Hospifal Lane P.O. Box 1550 Aflon, WY83110 (307) 885-0640 Page 7 of 10 Section Six: Rules of Conduct. 914 (a) No resident of the project shall post any advertisements or posters of any kind in or on the project except as authorized by association. (b) Residents shall exercise extreme care in making noises or using musical instruments, radios, television, and amplifiers that may disturb other residents. Keeping of domestic animals will be in accordance with municipal sanitary regulations. (c) Hanging of garments, rugs, and the like, from the windows or from any of the facades of the project is prohibited. (d) Dusting and shaking out of rugs and the like, from the windows, or by beating on the exterior part of the project is prohibited. (e) Throwing of garbage or trash outside the disposal installations provided for such purposes in the service area is prOhibited. (f) No owner, resident, or lessee shall install wiring for electrical or telephone installation, television antennae, machines, air conditioning units, or the like, on the exterior of the project or that protrude through the walls or the roof of the project except as authorized by association. ARTICLE VII AMENDMENTS TO PLAN OF TOWNHOUSE OWNERSHIP Section One: Bylaws. These bylaws may be amended by the association in a duly constituted meeting for such purpose, and no amendment shall take effect unless approved by all owners of the'townhouses. ARTICLE VIII MOR TGA GEES Section One: Notice to Association. An owner who mortgages a Unit shall notify association through the management agent, if any, or the president of the board of directors in the event there is no management agent, the name and address of the mortgagee; and the association shall maintain such information in a book retained by the association. Bowers Law Office, P.C. 106 Hospital Lane P.O. Box 1550 Afton, WY83110 ¢07) 885-0640 Page 8 of 10 . Section Two: Notice of Unpaid Assessments. The association, at the request of a mortgagee of a unit, shall report any unpaid assessments due from the owner of such unit. ARTICLE IX COMPLIANCE These bylaws are set forth to comply with the requirements of the Wyoming Statutes. In case any of these bylaws conflict with the provisions of any Wyoming stat- ute, it is agreed and accepted that the provisions of the Wyoming Statutes will apply and the portion of these bylaws conflicting with the Wyoming Statutes shall be void, provided however, that the remaining provisions not in conflict shall remain 'in full force. ARTICLE X EFFECTIVE DA TE These bylaws shall become effective upon their adoption by the owner and/or developer on the date of their execution and the filing of the Covenants, Conditions and Restrictions with the Lincoln County Clerk, for and in the County of Lincoln, State of Wyoming and shall be effective and binding until amended pursuant to these bylaws and the Covenants, Conditions and Restrictions of the Lost Elk TOwnhouse I11 ASsociation. DATED this ,..~/,5J¢ day of October, 2003. Approved and Executed By: OWNER Bowers Law Office, P. C. 106 Hospital Lane P.O. Box 1550 Afton, WY 83110 (307) 885-0640 Page 9 of 10 STATE OF WYOMING ) ) SS. COUNTY OF LINCOLN ) The foregoing instrument was acknowledged before me by RIGO CHAPARRO this /--J4'h day of ~e~,_____~003. WITNESS mY hand and official seal. ARY PUBLIC STATE OF WYOMING ) ) SS. COUNTY OF LINCOL'N ) The foregoing instrument was acknowledged before me by FARREN HADERLIE this.~ls",- day of October, 2003. y hand and official seal. ~, M~JSjCr~l~l~r~"~"~i~p expires:- ~ Iz.~ Ibg, AN,.__~TARY PUBLIC STATE OF WYOMING ) ) SS. COUNTY OF LINCOLN ) The foregoing instrument was acknowledged before me by DERK IZATT this. ;~1 ~ day of October, 2003.- WITNESS my hand and official seal Jamie DeCora-NOTARY PUBLI~-'"---"-"-~---(~--u~ ' j [NX . County of ~ State of i \ Ct ~ '"~'~--~('G ~ Lincoln .~ Wyoming J_ I ' ~RY PUBLIC - ~ Bowers Law Office, P.C. 106 Hospital Lane P.O. Box 1550 Aflon, WY83110 (307) 885-0640 Page 10 of 10