DISCLAIMER …..This an unofficial copy and though we have strived to keep it 100% accurate this document should be considered as a convenience and not as an OFFICIAL DOCUMENT. For an Official copy of this document you can obtain it at the Maricopa County Recorders Office
NAME AND LOCATION: The name of the Association is 747 EAST BETHANY HOME ROAD ASSOCIATION, hereinafter referred to as the “Association”. The principal office of the Association shall be located at Phoenix, Arizona, but meetings of members and directors may be held at such places within the County of Maricopa as may be designated by the Board of Directors.
Section 2. 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 fifteen (15) 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 3. Special Meetings. Special meetings of the members may be called at any time by the president or by the Board of Directors of after the transfer of control date, upon written request of twenty-five (25%) percent of the members.
Section 4. Quorum. Nine (9) members shall constitute a quorum for any action except as otherwise provided in 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 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 must vote in person. No proxies shall be accepted.
BOARD OF DIRECTORS. SELECTION. TERM OF OFFICE.
Section 1. Number. The affairs of this Association shall be managed by a Board of five (5) directors, who need not be members of the Association.
Section 2. Until the first annual meeting elects a new Board of Directors, the Board of Directors shall consist of the following persons:
Buck G. Blankenship
Marshall A. Lehman
In the event any one of the above named persons resigns or is unable to serve, then the remaining directors shall select a successor.
Section 3. Term of Office. At the first annual meeting of the members and at each annual meeting thereafter, the members shall elect five (5) directors to serve for a term of one year, or until their successors are elected and qualify.
Section 4. Removal. After the transfer of control date, 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 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 all the directors. Any action so approved shall have the same effect as though taken at a meeting of the directors.
NOMINATION AND ELECTION OF DIRECTORS
Section 1. Nomination. After the transfer of control date, nomination for election to the Board of Directors shall be made by a Nominating Committee appointed by the Board of Directors. Nominations may also be made from the floor at the 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 the number of vacancies that are to be filled. Such nominations may be made from among members or non-members.
Section 2. Election. After the transfer of control date, election to the Board of Directors shall be by a vote taken at the annual meeting of members. At such election, the members 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.
MEETINGS OF DIRECTORS
Section 1. Regular Meetings. After the transfer of control date, 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 Meetings. 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 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.
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 members and their guests thereon, and to establish penalties for the infraction thereof;
(b) suspend the voting rights and the right to use of 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 period not to exceed sixty (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, or the Declaration;
(d) declare the office of a member of the Board of 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 a 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.
(b) Supervise all officers, 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 Apartment Unit.
(2) Send written notice of each assessment to every Owner subject thereto.
(3) Foreclose the lien against any property for which assessments are not paid pursuant to the provisions of the Declaration.
(d) procure and maintain adequate liability and hazard insurance on property specified in the Declaration of Restrictions;
(e) cause all officers or employees having fiscal responsibilities to be bonded, as it may deem appropriate;
(f) cause the Common Area to be maintained, and that portion of the Apartment Units and the improvements located thereon as is specified in the Declaration of Restrictions.
OFFICERS AND THEIR DUTIES
Section 1. Enumeration of Offices. The offices of this Association shall be a president, who shall at all times be a member of the Board of Directors, a secretary and a treasurer, 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 as 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:
(a) The president shall preside at all meetings of the Board of Directors; shall see that orders and resolutions of the Board are carried out; shall sign all leases, mortgages, deeds, and other written instruments .
(b) A 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.
(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 addressees, and shall perform such other duties as required by the Board.
(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; on 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 represented to the members at its regular annual meeting, and deliver a copy of each to the members.
The Board of Directors may appoint such committees as is deemed appropriate in carrying out is purpose.
BOOKS AND RECORDS
The books, records and papers of the Association shall at all times, during reasonable business hours, be subject to reasonable inspection by any member. The Declaration 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.
Notwithstanding the powers and duties placed upon the Board of Directors and the officers pursuant to other provisions of those By-Laws, the Board of Directors have the right and the authority to enter into management contracts
with individuals or corporations providing for the management of the Horizontal Property Regime and providing for the management company to perform all the ministerial duties placed upon the Board of Directors and the officers, including the duties of computing assessments, collecting assessments, maintaining books and records, and maintaining a checking account on behalf of the Association wherein the funds of the Association are kept.
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 in person or by proxy.
Section 2. In the case of any conflict between the Declaration and these By-Laws, the Declaration shall control.
The fiscal year of the Association shall begin on the first day of January and end on the 31st day of December of every year, except that the first fiscal year shall begin on the date that the first Apartment Unit is sold.
IN WITNESS WHEREOF, we, being all of the directors of 747 EAST BETHANY HOME ROAD ASSOCIATION, have hereunto set our hands, this 3rd day of October, 1972.
I, the undersigned, do hereby certify:
THAT I am the duly elected and acting Secretary of 747 EAST BETHANY HOME ROAD ASSOCIATION; and
THAT the foregoing By-Laws constitute the original By-Laws of said Association, as duly adopted at a meeting of the Board of Directors thereof, held on the 3rd day of October, 1972.
IN WITNESS WHEREOF, I have hereunto subscribed by name this 3rd day of October, 1972.