 BY LAWS
BY LAWS
REVELL
DOWNS ASSOCIATION, INC.
As
Revised October 5, 1988
ARTICLE
I
Name
and Location
The
name of the corporation Is Revell Downs Association, Inc. hereinafter
referred to as the “Association”. The principal address of the
Association shall be P.O.
Box 324, Annapolis, Maryland, but meetings of members
and directors may be held at such places within the State of Maryland, county of Anne
Arundel, as maybe designated by the Board
of Directors.
ARTICLE
II
Definitions
Section
1
“Association”- shall mean and refer to Revell Downs 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 Areas” shall mean all real property owned by the Association
for the common use and enjoyment of the Owners.
Section
4 “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.
Section
5
“Owner” shall mean and refer to the record owner, whether one or more
persons or entities, of the fee simple title to any lot which is a part
of the Properties, including contract sellers, but excluding those
having such interest merely as security for the performance of an
obligation.
Section
6
"Declarant" shall mean and refer to Revell Square Associates, Inc., its
successors and assigns if 8ucb 8uccessors or assigns should acquire
more than one undeveloped Lot from
the Declarant for the purpose of development.
Section
7
"Declaration" shall mean and refer to the Declaration of Covenants,
Conditions and Restrictions applicable to the Properties recorded in
the Oft ice of Land Records for Anne
Arundel County, Annapolis, Maryland,
in Liber WGL 3040, Folio 845.
Section
8
"Member" shall mean and refer to those parties entitled to membership
as provided in the Declaration.
ARTICLE
III
Meeting
of members
Section
1 Annual
Meeting. The annual meeting of the members of the Association shall
be held on the first Wednesday of October at each year. If the day for
the annual meeting of the members is a legal holiday, the meeting will
be held it 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 at any time
by the President or 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 Class A membership.
Section
3 Notice
of Meetings. Written notice of each meeting of the members shall be
given by, or at the discretion of, the secretary or person authorized
to call the meeting, by mailing a copy of such notice, postage prepaid
at least 15 days before such meeting to each member entitled to vote
thereat, addressed to the member's address last appear 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 cast, or of proxies
entitled to cast, one-tenth (1/10) of the votes of the membership 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 or represented at any
meeting, the members entitled to vote thereat shall have the power to
adjourn the meeting from time to time, without notice other than
announcement of 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 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 Lot.
ARTICLE
IV
Interim
Board of Directors
Section
1 Term.
Notwithstanding any provisions contained herein to the contrary, the
Association may select an interim Board of Directors to serve until a
Board of Directors is chosen at the first annual meeting.
Section
2 Duties.
The interim Board of Directors shall consist of seven owners chosen
from the community and shall have the same powers and duties as a
formal Board of Directors.
Section
3 Nominations.
After notice given to the members, a general meeting may be held to
form six temporary committees; Newsletter, External Affairs,
Charter/By-Laws, recreation, Social and Architectural. Membership on
each committee shall be open to all interested owners. After meeting,
each committee may offer two of its members as nominees to serve on the
interim Board of Directors.
Section
4 Election.
The Newsletter Committee shall have the duty to publish a list of the
nominees and distribute ballots among the community for selection
of seven people to serve on the interim Board. The Ballot shall provide
for “write-in” selection of people not nominated by the committees. The
seven people receiving the most votes shall comprise the interim Board.
ARTICLE
V
Board
of Directors: Selection: Term of Office
Section
1 Number.
The affairs of this Association shall be managed by a Board of no less
than three (3) and no more than seven (1) Directors, who must be
members of the Association.
Section
2 Term
of Office. Effective October 1983, based on a seven (7) member
Board of Directors, four (4) members shall serve a two year term and
three (3) members shall serve a one year term. Thereafter,
all members shall serve a two year term
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 any
action in the absence of a meeting, which they could 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
VI
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 Director 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 seven. Such nominations may be made from
among members.
Section
2 Election.
Election to the Board of Directors shall be by secret written ballot.
At such election the 8eabers or their proxies
may cast, in, respect to each vacancy, as any 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
VII
Meeting
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
Meetinqs. 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 notice to each Director.
Section
3 Quorum.
A majority of the number of Directors shall constitute 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.
Section
4. Opening
Meeting. All meetings of the Board of Directors
shall be open to the members of the Association.
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
area and facilities, and the personal conduct of the 8e8bers and their
guests thereon; and to establish penalties for the infraction thereat;
(b)
suspend the voting rights and right to use 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 at Incorporation, or
the Declaration;
(d)
declare the office of a member of the Board at 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 complete record of all its acts and corporate affairs
and to present a statement thereof to the members at the annual meeting
of the 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 officer, 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 lot at least
thirty (30) days in advance of each annual assessment period; and
(2)
send written notice of 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 the assessments are
not paid or to bring an action at law against the Owner personally
obligated to pay the same within sixty (60) days after due date.
(d)
issue, or 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)
cause all officers or employees having fiscal responsibilities to be
bonded, as it may deem appropriate;
(g)
cause the common area to be maintained.
Section 3 Prohibited
Actions. The Board of Directors shall not take
any action to prevent the installation of satellite television
antennas, other than in accordance with Article XII as amended, and is
prohibited from taking any action to cause the removal of any satellite
television antenna installed prior to September 30, 1985.
ARTICLE
VIII
Officers
and Their Duties
Section
1
Enumeration of Offices. The officers of
this Association shall be a president, vice-president, secretary, and
treasurer, and such other officers as the Board may from time to time
by resolution create who shall at all times be members of the Board of
Directors.
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
Resignation and Removal. Any
officer -y be removed from office with or without cause by a majority
vote of 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
5
Vacancies. A
vacancy in any office may be filled by appointment by a majority of the
Board. The officer appointed to such vacancy shall serve for the
remainder of the term of the officer he replaces.
Section
6 Multiple
Offices. The offices of secretary and treasurer
may be held by the same person. No person shall simultaneously bold
more than one of any of the other offices except in the case of special
offices.
Section
7 Duties. The duties of the
officers are as follows:
PRESIDENT
(a)
The president shall preside at all meetings of the Board of Directors;
shall see that orders and resolution of the Board are carried out;
shall sign all leases, mortgages, deeds and other written instruments
and shall co-sign all checks and promissory note.. He shall act as an
ex-officio member of all Committees and shall call for regular
committee reports. The president shall also preside as chairman of the
External Affair. committee.
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. The vice-president
shall preside as chairman at all meetings of the Architectural Control
Committee.
SECRETARY
(c)
The secretary shall record the votes and keep the minutes of all
meetings and proceedings of the Board and of the members; keep the
corporate seal of the Association and affix it on all papers
requiring said seal, serve notice of meetings of the Board and of the
members, 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. The secretary shall preside as
chairman at all .meetings of the Newsletter Committee.
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 to be made by a public
accountant at the completion of each fiscal year; and shall prepare an
annual budget and a statement of income and expenditures to be
presented to the membership at its regular annual .meeting, and deliver
a copy of each to the members. The treasurer shall preside as chairman
at all meetings of the Financial Control Committee.
ARTICLE
IX
Committees
Section
I. Committees.
The Board of Directors shall appoint a
Nominating Committee, Architectural Control Committee, Newsletter
Committee, Recreation Committee, Finance Committee, External Affairs
Committee and a Social Committee unless otherwise deemed necessary. In
addition, the Board of Directors shall appoint other committees as
deemed appropriate in carrying out its purpose.
Section
2.
Membership. The Board of Directors
shall approve and appoint members at each committee from lot owners
wishing to serve on same. The Board of Directors shall be represented
on each committee by at least one of its members.
Section
3.
Purposes. The
function and purpose of each committee .shall be determined by the
Board at Directors unless these By-Laws, the Declaration, or the
Articles of Incorporation state otherwise.
Section
4
Chairmen. Each
committee shall elect its own chairman unless otherwise stated in these
By-Laws. Every committee meeting shall be presided over and chaired by
a member of the Board of Directors as provided in these By-Laws.
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 upon request and 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 twelve percent (12%) 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 non-use of the
Common Area or abandonment of his Lot.
ARTICLE
XII
Architectural
Control Committee
Section
1.
A.
Duties of the Architectural Control Committee.
The
Architectural Control Committee will act in an advisory capacity to the
Board of Directors. The duties of the Board will be as follows:
(1)
Recommend to the Board standards and guidelines for architecture,
design and appearance of the community.
(2)
Receive, recommend action, and forward to the Board, architectural
complaints and/or recommendations from members of the Association.
(3)
Receive proposals, plans, and requests submitted by members for changes
and for alteration to individual properties.
(4)
Hake periodic inspections of the community and of work in progress to
insure conformity with approved standards and requests.
(5)
Recommend to the Board projects, activities, or standards to further
enhance the appearance of the community and its common elements.
B.
Committee Operations and Procedures.
The
Committee will consider only written requests on forms provided by the
Committee.
The
affirmative vote of the majority of the members of the committee
present at a meeting shall be required to act, rule or make any
findings or determination, or to make a recommendation to the Board for
any approval of any request, in accordance with the authority contained
herein in the Declaration of Covenants.
The
Committee shall not take any action to prevent the installation of
satellite television antennas, other than in accordance with Article
XII as amended, and is prohibited from taking any action to cause the
removal of any satellite television antenna installed prior to
September 30, 1985.
C.
Philosophy.
In
order that Revell Downs may always be an attractive and desirable place
in which to live, it is necessary that our architectural and
environmental standards be set and .maintained at a level that
each resident has the desire and assumes the responsibility to
contribute to these goals. With close coordination and cooperation
between the residents and the Committee, our standards can be
.maintained and our aims met.
Rules and restrictions must be established
before our standards can be met. It is not intended that these
guidelines constrain the obvious pride and efforts of the individual
residents nor is it intended to promote a monotonous and uniform
appearance throughout the community. The sole
purpose is to protect the homeowners' investments and to insure that
Revell Downs remains a pleasant, tasteful and desirable place to live.
Section
2.
A. Prohibited
Modifications/Conditions.
Certain
alterations which are considered to be detrimental or which detract
from the general appearance of the Community are prohibited. Items in
these categories are:
(1)
Window awnings of any kind
(2) Raw metal storm doors and windows
(3)
Fencing in front yard
(4)
Antennas, other than satellite television antennas, which together with
any support exceed 10 feet in height.
(5)
Motor vehicles parked on ground other than approved driveways or
roadways.
(6)Any
addition, modification or attachment found objectionable to common
decency or taste.
B.
Modifications Requiring Submission for Approval.
(1)
Fencing other than front yard will be considered. Recommended types of
fencing are: stockade, Alternating Board, Picket, Split Rail, Crossbuck
and Chain Link.
(a)
The height of any fence shall not exceed four (4) feet from the ground
to the top of the fence except for:
(1)
Stockade - 6 feet
(2)
Alternating Board - 6 feet
(b)
Wooden fence posts shall be .40 pressure treated.
(c)
Wooden fence material must be free of bark.
(d)
The painting of wooden fences.
(e)
wire mesh enclosures may be attached inside of any fence so as to keep
domestic animals within the boundaries of the fenced area.
(2)
Combination storm doors or windows, provided they meet the following
specifications:
(a)
Door is full length glass (one or two panels).
(b)Door
is crossbuck type.
(c)
Door with colored side panel.
(d)
Door protective grills (constructed or wrought iron) or other
ornamentation.
(e)Wooden
screen door must be color coordinated. No raw wood look storm doors or
storm
windows.
(f)
Accepted colors are: Black. Dark Brown, White, or custom painted to
match color of door, house or house trim.
(3)
Attic exhaust fans, provided:
(a)
Fan has low profile.
(b)
Fan is installed on the roof to the rear of the building, centered side
to side, near peak.
(4)
Decks and Patios:
(a)
Wood used to construct decks and patios must be treated to guard
against termite infestation. Wood resting on the ground must be
constructed of .40 treated wood.
(5)
Garages or House Additions
(6)
Sheds, Subject to the following specifications:
(a)
Must be constructed of aluminum or wood.
(b)
Roof style must be:
(1)
Barn
(2)
Gable
(3)
A-Frame
(4)
One side slanted
(c)
All applications for shed sizes will be considered on an individual
basis.
(d)All
sheds must be color coordinated with the house.
(7)
Exterior house trim painting other-than the original color. (Submit
color chip with application).
(a)
Both homeowners of Duplex must agree-to do the entire house.
(b)
Entire house must be changed at the same time.
(8)
Permanent-outdoor Fireplace. (Wood-burning type).
(a)
must be ten (10) feet away from property line and any structure (house,
shed, deck, or fence).
(9)
Window Boxes
(a) Metal - color must match house trim or
white.
(b) Plastic - same as above.
(c) Wooden - same as above or natural.
(10)
Flagpoles
(a)
Must be a removable pole (Pole removed when flag not being displayed).
(b)
Flags displayed only from down to dusk -(unless lighted by spotlight).
(c)
Flagpole must not exceed fifteen (15) feet.
(11)
Retaining walls in excess of twelve (12) inches in height.
(12)
Any other structure, addition or change that will alter the exterior
appearance of the house or property in any way except those items
specifically outlined in Section-II. Part C.
(13)
No satellite television antenna shall be erected, constructed,
maintained or operated except in conformance with the following:
(a)
Definitions
(i).Satellite
television antenna is an apparatus capable of receiving communication
from a transmitter or a transmitter relay located in planetary
orbit.
(ii).
“Usable satellite signal” is a satellite signal which, when viewed on a
conventional television set, is at least equal in picture quality to
that is received from local commercial television stations or by
way of cable television.
(b)
Satellite antenna location
Subject
to the provisions contained herein, such antenna shall be located only
in the rear yard of any lot.
(c)
Antenna size
(i)
Such antenna shall not exceed fifteen (15) feet in height, including
any platform upon which said antenna is mounted or affixed.
Such antenna may not exceed ten and one-half
(10 1/2) feet, in diameter.
(ii)
Satellite television antennas shall be located and designed to reduce
visual impact from surrounding properties at street level and from
public streets.
(iii)
Not more than one satellite television antenna shall be allowed on any
lot less than one-half (1/2) acre in size.
(iv)
Antennas shall meet all manufacturers' specifications, be of
non-combustible and corrosive resistant material, and be erected
in a secure, wind-resistant manner.
(v)
Every antenna must be adequately grounded for protection against a
direct strike of lightening.
Note:
Projects described in numbers (1), (4), (5),
(6), and (8) require county building permits. Approval from the
Architectural Control Committee and the Board at Directors should be
received prior to making any application for a county building permit.
C. Modifications
Not Requiring Submission for Approval.
(1)
Plants, shrubs, and flowers (corner lot planting may not exceed three
(3) feet in height so as not to obstruct visibility).
(2)
Picnic tables in side or rear yards only.
(3)Decorative
flower bed or garden borders in the following styles:
(a)
White picket or wire fence not to exceed twelve (12) inches in height
and less than five (5) feet from the front or side of the house.
(b)
Natural, white or green brick not to exceed six (6) inches in height.
(c)
Railroad or landscaping ties which must be chemically or pressure
treated and not exceed twelve (12) inches in height.
(d)
Natural stone.
(4)
Deadbolt locks, door knockers and door knobs.
(5) Holiday decorations may be displayed on one's
property but should be removed within fifteen (15) days after the
holiday has passed.
(6)
Swing seta or playground equipment, which must be placed in rear at
house only. May not be placed in front yard or side yard.
(7)
Privacy screening wall for a distance of not more than ten (10) feet
along the side boundaries of the rear of the lot.
(8)
For sale signs not exceeding two (2) feet can be displayed.
Section
3. Procedures for Submission. Submission
must be in writing on forms to be provided by the Committee and
addressed to:
Revell
Downs Association, Inc.
c/o
Architectural Control Committee
P.O.
Box 324
Annapolis, MD 21404
Submission
forms may also be given to any Board .member. Each request should
describe in detail the proposed change or modification including the
exact location, dimensions, and materials to be used. In the event
there are multiple projects, a separate request form for each project
is to be submitted. Any proposed change that is not .mentioned in
section II, Part C of this document must have the prior approval of the
Architectural Control Committee and written approval of the Board of
Directors.
Members
are urged to read and remain familiar with the Covenants of the Revell
Downs Association, Incorporated. In the event that any items in these
guidelines are in conflict with the Covenants, the Covenants shall be
the final authority. Alterations requiring approval should not commence
until approval is received. Disapproval could require restoration to
original condition by owner. If in doubt, residents are encouraged to
discuss proposals with committee members for advice. The Committee will
act upon all submissions within thirty (30) days of receipt of plans.
Failure of the Committee to respond within thirty (30) day in writing
will constitute implied approval of plans as submitted. Failure of
the homeowner to complete the approval project in the agreed upon
manner as submitted will result in revocation of approval of the
project and may force procedure by the Board of outlined in the Article
VII of the Covenants.
Section
4.
(a)
Boats on cradles or trailers.
Boats
on cradles or trailers parked for more than twenty-four (24) hours may
be parked behind or along side, but not extending past the front corner
of the residents dwelling.
(b)
Trailers and/or Campers
Trailers
and/or campers, used for recreational purposes only, may be parked
behind or along side, but not extending past the front corner of the
residents dwelling.
(c)
Vehicle under 3/4 ton.
Vehicles
registered as trucks that are classified as vehicles under 3/4 ton will
be considered passenger vehicles and therefore will fall under
passenger vehicle regulations.
(d)
Trash
No lot
shall be used or maintained as a dumping ground for rubbish. Trash,
garbage or other waste shall not be kept except in sanitary containers
in the back or along side, but not extending past the front corner of
the residents dwelling. All incinerators or other equipment for the
storage or disposal of such materials shall be kept in a clean and
sanitary condition and can not be moved to the front of the property
more than twelve (12) hours prior to trash removal.
As
with any structure, application and approval must be obtained from the
County Permits Office and the Architectural control Committee prior to
commencing any work.
ARTICLE
XIII
Corporate
Seal
The
Association shall have a seal in circular form having within its
circumference the words: Revell Downs Association,
Inc.
ARTICLE
XIV
Amendments
Section 1. These By Laws may be amended
at a regular or special meeting of the members called for that purpose.
Prior to such regular or special meeting at
which any By Law amendment is to be proposed, the proposed By Law
amendment must have been approved by the Board of Directors or by a
written petition signed by ten percent (10%) of the members of the
Association, with this petition to be given to the Board of Directors
for the purpose of promulgating the notice of such proposed amendment
to the members. All members of the Association
shall be given written notice of any proposed amendment at least twenty
(20) days prior to any regular or special meeting of the members at
which the proposed amendment is to be introduced. To
be effective, any proposed amendment must be passed by a vote of
two-thirds (2/3) of members present in person or by proxy at any such
meeting where a quorum is present.
Section
2. In
the case of any conflict between the Articles of Incorporation and.
these By Law., the Articles shall control, and in the case of any
conflict between the Declaration and these By Laws, the
Declaration shall control.
ARTICLE
XV
Miscellaneous
Section
1. The
fiscal year of the Association shall begin on the first (1) day of
January and end on the thirty-first (31) day of December of every year,
except that the fiscal year shall begin on the date of incorporation.
Section
2. In
the event that the Association shall take any action to
enforce any provision of the Declaration or these By Laws, the
Association shall be awarded and paid as additional damages for
such action reasonable attorney's fees based on actual time
expended, costs of the action, and other expenses related to the
enforcement action. |
