BYLAWS
OF
THE MEADOWS AT REXBURG HOMEOWNERS ASSOCIATION, LTD

DRAFT DRAFT DRAFT

City of Rexburg, Madison County, State of Idaho
A Planned Development

Whereas, the owners of real property within the Meadows at Rexburg Homeowners Association, LTD (the Meadows) subdivision, located in Rexburg, Idaho, have established a homeowners' association to promote the health, safety, and welfare of its members and to protect and enhance property values within the community; and

Whereas, the owners of such real property have entered into a Declaration of Covenants, Conditions, and Restrictions, which sets forth certain restrictions and requirements governing the use and enjoyment of their property;

Now, therefore, the owners of such real property do hereby adopt these Bylaws to govern the operations of the Meadows at Rexburg Homeowners Association, LTD (the Meadows). Upon the filing of these Bylaws, all prior Bylaws shall be revoked and replaced in their entirety.

ARTICLE I
NAME AND PURPOSE

  1. Name. The name of this organization shall be The Meadows at Rexburg Homeowners Association, LTD, as set forth in the Articles of Incorporation filed with the Secretary of State of the State of Idaho.

  2. Purpose. The purpose of this Association is to promote the health, safety, and general welfare of its members and to protect and enhance the property values within the community.

ARTICLE II
MEMBERSHIP

  1. Eligibility. Membership in the Association shall be limited to owners of record of real property located within the Meadows subdivision.

  2. Acquisition of Membership. Every Owner, upon acquiring title to a Lot, shall automatically become a member of the Association and shall remain a member thereof until such time as his ownership of such Lot ceases for any reason, at which time his membership in the Association, with respect to such Lot, shall automatically cease and the successor. Owners shall become a member. Membership in the Association shall be mandatory, shall be appurtenant to, and shall not be separated from, the ownership of a Lot.

  3. Membership Rights. Members shall have the right to:
    • Vote in elections for the Board of Directors
    • Participate in association meetings including monthly meetings
    • Access common areas
    • Use community amenities

  4. Membership Responsibilities. Members shall be responsible for:
    • Paying annual dues as set forth by the Board of Directors. Annual dues may be paid in monthly installments.
    • Complying with the Declaration of Covenants, Conditions, and Restrictions, and these Bylaws
    • Participating in the governance of the Association when called upon to do so by the Board of Directors in such things that would affect the Association and its members.

  5. Multiple Ownership Interests. In the event there is more than one Owner of a particular Lot, the vote relating to such Lot shall be exercised as such Owners may determine between or among themselves, but in no event shall more than the total number of votes appurtenant to such Lot be cast with respect to any issue. A vote cast at any Association meeting, or by written consent by any of such Owners, whether in person or by proxy, shall be conclusively presumed to be the entire vote attributable to the applicable Lot unless an objection is made at the meeting, or in writing, by another Owner of the same Lot, in which event no vote will be counted with respect to such Lot except to determine the presence or absence of a quorum.

  6. Records of Ownership. Every Owner shall promptly cause to be duly filed of record in the Public; Records the conveyance document to him of his Lot and shall file a copy of such conveyance document with the Secretary of the Association, who shall maintain a record of ownership of the Lots. Any Owner who mortgages his Lot or any interest therein shall notify the Secretary of the Association of the name and address of the Mortgagee and also of the release of such Mortgage; and the Secretary of the Association shall maintain all such information in the records of ownership. The Association may at any time obtain and rely on information from the Public Records regarding the Owners and Mortgagees of Lots.

ARTICLE III
BOARD OF DIRECTORS

  1. Board of Directors: The Association Board of Directors shall be composed of seven members, each of whom shall be a recorded Member of the Association. Each Director shall serve for a term of three years. Upon completion of a three-year term, Directors may be reelected for successive terms. A Director shall continue to serve until such time as the Director voluntarily resigns or a successor Director is duly elected and qualified.

  2. Election. Directors shall be elected at the Annual Meeting of the Association. Voting shall be by a majority vote of the members present and voting at the meeting.

  3. Powers and Duties. The Board of Directors shall have the power to:
    • Manage the affairs of the Association
    • Make decisions on behalf of the members
    • Enforce the Declaration of Covenants, Conditions, and Restrictions and these Bylaws

  5. Vacancies: Vacancies on the Board shall be filled by the remaining Board members from among the Members of the Association, and such appointees shall serve until the next annual meeting of the Association when their successors shall be elected for the unexpired term of the member they were appointed to replace.

  6. Removal. A director may be removed from office by a two-thirds vote of the members present at a special meeting called for that purpose.

  7. Indemnification of Board Members. Each of the members of the Board shall be indemnified and held harmless by the Members of the Association against all costs, expenses, and liabilities whatsoever (excluding fraudulent and/or criminal actions) including, without limitation, attorneys fees reasonably incurred in connection with any proceeding in which such Board Member may become involved by reason of being, or having been, a member of said Board.

ARTICLE IV
OFFICERS OF THE BOARD

  1. Officers. The Association shall have a President, a Vice President, a Secretary and a Treasurer, all of whom shall be elected by and from the Board. The Board may appoint an Assistant Secretary and Assistant Treasurer, if needed. Only the offices of Secretary and Treasurer may be filled by the same person. The officers shall be elected by the Board in an organizational meeting of the Board immediately following each annual meeting of Members of the Association.

    1. President. The President shall be the chief executive officer of the Association and shall preside at all meetings of the Association and of the Board. The President shall have all of the general powers and duties that are usually vested in the office of president of a similar type association.

    2. Vice President. The Vice President shall take the place of the President and perform his duties whenever the President is absent or unable to act. If neither the President nor Vice President is able to act, the Board shall appoint some other member of the Board to do so on an interim basis.

      The Vice President shall also be tasked with performing such other duties as shall from time to time be determined by the Board.

    3. Secretary. The Secretary shall keep the minutes of all meetings of the Board and the minutes of all meetings of the Association. The Secretary shall have charge of such books and records as the Board may direct and shall, in general, perform all duties incident to the office of secretary of a similar type association.

    4. Treasurer. The Treasurer shall have responsibility for Association funds and shall be responsible for keeping full and accurate accounts of all receipts and disbursements in books belonging to the Association. The Treasurer shall be responsible for the deposit of all money and any other valuable effects in the name and to the credit of the Association in such depositories as may from time to time be designated by the Board.

ARTICLE V
MEETINGS AND VOTING

  1. Board Meetings and Board Action. The Board shall establish rules for its meetings, whether regular or special. A majority of current Board members shall constitute a quorum. The action of a majority of those Board members attending a meeting at which a quorum is present shall be sufficient to constitute the action of the Board. Action by consent shall require the unanimous written consent of all current Board members.

  2. Places of Meeting. Meetings of the Association shall be held at a location that is easily accessible to all Owners. The specific location shall be announced by the Secretary in the meeting notice.

  3. Annual Meeting. The annual meeting of the Association shall be held on the third Wednesday of March of each year. Notice of the annual meeting shall be given to all members at least 30 days prior to the meeting. At such annual meetings there shall be elected Directors of the Board, as needed, pursuant to the provisions of this Declaration. Financial and budget reports shall also be presented at such meetings as well as other business of the Association properly placed before each meeting.

  4. Special Meetings. The President must call a special meeting of the Members of the Association if the Board directs or if at least 30% of the Owners sign a petition and submit it to the Secretary. Only the business listed in the meeting notice can be discussed at a special meeting, unless at least 50% of the Members of the Association present (in person or by proxy) agree to discuss other matters.

  5. Notice of Meetings. The Secretary shall send a notice of each annual or special meeting to all Members of the Association of record at least ten (10), but no more than twenty (20) days before the meeting. The notice should include the purpose, time, and location of the meeting. Notices sent electronically may be counted as sent.

  6. Virtual Meetings At the discretion of the President, Annual Meetings and Special Meetings may be conducted via remote communication or virtual platform. Notice for any virtual meeting shall be delivered by electronic mail and must include access credentials, instructions, and the direct link to the scheduled meeting.

  7. Quorum. A quorum is reached at any membership meeting (annual or special) if at least 40% of the total eligible votes are represented by members present, either in person or by proxy. Members who own multiple units can count each unit towards the quorum.

  8. Voting. Members shall be entitled to one vote for each unit owned. Voting may be by paper or digital ballot or by voice vote. Proxies may be used, provided that the proxy is in writing and signed by the member.

  9. Adjourned Meetings. If a membership meeting cannot be organized because a quorum is lacking pursuant to Section 7 of this ARTICLE, the Members present, either in person or by proxy, may adjourn the meeting to a time not less than forty-eight hours from the time the original meeting was called, at which time the requirements for a quorum shall be reduced by one-half that required at the immediately preceding meeting until a quorum is present.

ARTICLE VI
DUTIES AND POWERS OF THE ASSOCIATION


  1. Duties of the Association. The Association, through its Board, is responsible for the maintenance of any Common Areas, the determination, imposition and collection of Assessments, the enforcement of the provisions of this Declaration and, in general, the preservation of the residential quality and character of the Development to the benefit and general welfare of the Members. Without limiting any other duties which may be imposed upon the Association by its Articles, Bylaws, or the Declaration, the Association shall have the obligation and duty to do and perform each and every one of the following for the benefit of the Members and the maintenance and improvement of the Development

    1. Accept all Owners as members of the Association.

    2. Maintain, repair and replace any structural Common Areas.

    3. In connection with its duties to maintain and repair Common Areas, to provide maintenance and repair upon the exterior surfaces and roofs of the Units as defined in the Covenants, Conditions and Restrictions, and fences, including but not limited to, painting, staining, replacing, and caring for roofs, gutters, downspouts, exterior surfaces, window casings, trim, fences and other exterior improvements. This excludes all window parts and glass surfaces and entrance doors to units which are not regularly available for use to all members of the Association.

    4. To the extent not assessed to or paid by the Owners directly, pay all real property taxes and assessments levied upon any portion of the Common Areas, provided that the Association shall have the right to contest or compromise any such taxes or assessments; and further, to make a pro rata Specific Assessment to all Lots and the Owners thereof for the total amount so levied and paid by the Association.

    5. Obtain and maintain in force the policies of insurance required of it by the provisions of the Declaration.
    2. The Association may engage (but is not required to do so) a responsible corporation, partnership, firm, person or other entity, as the Managing Agent to manage and control the Common Areas, subject at all times to direction by the Board, with such administrative functions and powers as shall be delegated to the Managing Agent by the Board. The compensation of the Managing Agent shall be reasonable as specified by the Board. Any agreement appointing a Managing Agent shall be terminable by either party, with or without cause and without payment of any termination fee, upon 30 days' written notice thereof. Any Managing Agent shall be an independent contractor.

  2. Powers and Authority of the Association. The Association possesses all powers conferred upon it by its Articles of Incorporation, Bylaws, and applicable law, including the authority to undertake any action permitted or required by the Declaration or Bylaws. Specifically, the Association shall have the following powers:

    1. To enter upon any Lot, without the Owner's consent and without incurring liability for trespass or damage, for the purpose of maintaining or repairing such Lot or any improvements thereon, whenever the Member fails to fulfill such obligations as required by the Declaration; and to institute legal proceedings to enjoin any violation or threatened violation of the Declaration, Bylaws, or Rules and Regulations promulgated by the Board

    2. To exercise its rights and obligations under the Declaration, including the maintenance, repair, operation, and administration of the Common Areas and Lots to the extent necessitated by the failure of Owners to perform their duties, and to contract for and pay for any necessary services or materials to fulfill such responsibilities including:

      1. Construction, maintenance, repair and landscaping of the Common Areas on such terms and conditions as the Board shall deem appropriate;

      2. Such insurance policies or bonds as the Board may deem appropriate for the protection or benefit of the Association, the members of the Board, and the Members;

      3. Such Common Area related utility services as the Board may from time to time deem necessary or desirable;

      4. The services of architects, engineers, attorneys, certified public accountants, and such other professional or nonprofessional services as the Board may deem desirable;

      5. Fire, police and such other protection services as the Board may deem desirable for the benefit of the Members or any portion of the Association; and

      6. Such materials, supplies, equipment, services and labor as the Board may deem necessary.

  3. Association Rules and Regulations. The Board from time to time, subject to and not inconsistent with the provisions of the Declaration or the Bylaws, may adopt, amend, repeal and enforce reasonable Rules and Regulations governing, among other things:

    1. the use of the Common Areas;

    2. the collection and disposal of refuse;

    3. uses and nuisances pertaining to the structures and architecture; and

    4. all other matters concerning the use and enjoyment of the Common Areas and the conduct of Members and their invitees within the neighborhood. These rules and regulations shall be made only as they would benefit the Association as a whole.

  4. Limitation of Liability. No member of the Board, acting in good faith, shall be personally liable to any Owner, guest, tenant or any other person for any error or omission of the Association, its representatives and employees, the Board, any committee of the Board, or the Managing Agent.

ARTICLE VII
ASSESSMENTS

  1. Personal Obligation and Lien. Each Owner shall, by acquiring or in any way becoming vested with his interest in a Lot, be deemed to covenant with, and agree to pay to, the Association the Assessments described in this ARTICLE, together with late payment fees, interest and costs of collection, if and when applicable. All such amounts shall be, constitute, and remain:

    1. a charge and continuing lien upon the Lot with respect to which the Assessment is made until fully paid; and

    2. the personal, joint and several obligations of the Owner or Owners of such Lot at the time the Assessment falls due. No Owner may exempt himself or his Lot from liability for payment of Assessments by waiver of his rights in the Common Areas or by abandonment of his Lot.

    3. with a voluntary conveyance of a Lot, the grantee shall be jointly and severally liable with the grantor for all unpaid Assessments, late payment fees, interest and costs of collection, including reasonable attorney's fees, which shall be a charge on the Lot at the time of the conveyance, without prejudice to the grantee's right to recover from the granter the amounts paid by the grantee therefore.

  2. Purpose of Assessments. Assessments levied by the Association shall be used exclusively for the purpose of promoting the Association, the interests of the Owners therein, paying costs properly incurred by the Association, and the maintenance, operation and carrying of the Common Areas. The use made by the Association of funds obtained from Assessments may include, but shall not be limited to, payment of the Common Expenses and any expense necessary or desirable to enable the Association to perform or fulfill its obligations, functions or purposes under the Declaration, its Articles and Bylaws or the Rules and Regulations.

  3. Annual Assessments. Annual Assessments shall be computed and assessed against all Units based upon advance estimates of the Association's cash requirements to provide for payment of Common Expenses, including City Utilities of water, sewer and garbage and Association Reserve needs.

  4. Annual Budget. Annual Assessments shall be determined on the basis of a fiscal year ending December 31, provided the first fiscal year shall begin on the date of recordation of this Declaration in the Public Records. On or before December 15 of each fiscal year, the Board shall prepare and furnish to each Member of the Association an operating budget for the upcoming fiscal year. The budget shall itemize the estimated cash requirements for such fiscal year, anticipated receipts, and any deficit or surplus from the prior operating period. The budget shall serve as the supporting document for the Annual Assessments for the upcoming fiscal year and as the major guideline under which the Association shall be operated during such annual period.

  5. Notice and Payment of Annual Assessments. The Association shall notify each Owner as to the amount of the Annual Assessment against his Lot on or before December 15 of the year preceding the year for which such Annual Assessment is made. Each Annual Assessment shall be payable in 12 equal monthly installments, each such installment due on the first day of each calendar month.

    The failure of the Association to give timely notice of any Annual Assessment as provided herein shall not be deemed a waiver of or modification in any respect of the provisions of the Declaration, or a release of any Member from the obligation to pay such Annual Assessment, or any other Assessment; but the date when the payment shall become due in such case shall be deferred to a date 15 days after notice of such Annual Assessment shall have been given to Members in the manner provided in Section 1 of ARTICLE IV of this Declaration.

  6. Initial and Transfer Fees. Each new Member of the Association shall be required to prepay at the time of purchase of his Lot the sum of $200, which sum shall be in addition to any proration of the Annual Assessment which may be due for the current fiscal year in which a new Owner purchases his Lot. Such fees shall become part of the Association's general fund to be utilized as necessary for payment of Common Expenses.

  7. Maximum Annual Assessment. The maximum Annual Assessment may be increased by the Board each calendar year thereafter (non-cumulatively) by not more than fifteen percent (15%) above the maximum Annual Assessment for the previous year, without the vote of Owners entitled to cast a majority of the Association votes. If a higher increase is required to avoid shortfall in the approved budget,

  8. Special Assessments. The Association may levy Special Assessments for the purpose of defraying, in whole or in part: (a) any expense or expenses not reasonably capable of being fully paid with funds generated by Annual Assessments; or (b) the cost of any construction, reconstruction, or unexpectedly required addition to, or replacement of, infrastructure or improvements within the Common Areas. Any such Special Assessment shall be apportioned among and assessed to all Lots in the same manner as Annual Assessments. Such Special Assessments must be assented to by at least sixty percent (60%) of the votes of the membership which Owners present in person or represented by proxy are entitled to cast at a meeting duly called for such purpose. Written notice setting forth the purpose of such meeting shall be sent to all Owners at least 10 but not more than 30 days prior to the meeting date.

  9. Uniform Rate of Assessment. All Annual and Special Assessments authorized by Section 3 and 8 of this ARTICLE, respectively, shall be fixed at a uniform rate for all Townhouse Units.

  10. Quorum Requirements. The quorum at any Association meeting required for any action authorized by Section 8 of this ARTICLE, shall be as follows: At the first meeting called, the presence of Owners or proxies entitled to cast sixty percent (60%) of the total Association votes eligible to vote shall constitute a quorum. If a quorum is not present at the first meeting, or any subsequent meeting, another meeting may he called (subject to the notice requirements set forth in said Section 8 of this ARTICLE) at which the quorum requirement shall be one-half (1\2) of the quorum which was required at the immediately preceding meeting.

  11. Specific Assessment. In addition to the Annual Assessment and any Special Assessment authorized pursuant to Section 3 and 8 of this ARTICLE, the Board may charge additional fees called "Specific Assessments" in these situations:

    • Improvements: If an owner asks for improvements to be made to nearby areas like roads, sidewalks or other Common Area improvements, the Association can charge a fee to the owners of the lots that benefit the most from these improvements.

    • Damage: If an owner or someone living in the lot damages the common areas, the Association can charge a fee to that owner to cover the cost of repairs.

    • Maintenance: If the Association has to do maintenance or repair work on a lot because the owner isn't doing it, or if they have to take legal action, the Association can charge a fee to that owner.

    The amount of the Specific Assessment will be based on the cost of the work, including things like overhead, administrative costs, and legal fees. The fees will be divided among the affected lots based on how much they benefit from the improvements or how much damage they caused. The Association can charge these fees even before the work is done. However, if the improvement is something that the Association is normally responsible for maintaining, they can't charge a Specific Assessment.

  12. Certificate Regarding Payment. Upon request of any Owner, prospective purchaser or encumbrancer of a Lot, and upon the payment of a reasonable fee to the Association to cover administrative costs, the Association shall issue a certificate stating whether or not payment of all Assessments respecting such Lot are current and, if not, the amount of the delinquency. This certificate is proof for anyone who relies on it.

  13. Effect of Nonpayment; Remedies. Any Assessment (whether Annual, Special or Specific) not received within 10 days of the date on which it or any installment thereof becomes due shall be subject to a late charge not to exceed 5% thereof, which, together with interest and costs of collection, shall be, constitute, and remain a continuing lien on the affected Lot. If any Assessment is not received within 10 days after the date on which it becomes due, the amount thereof shall also bear interest from the due date at the rate of one percent (1 %) per month; and the Association may bring an action against the Owner who is personally liable therefor, or may foreclose its lien against the Lot pursuant to provisions of the Idaho Statutes applicable to the exercise of powers of sale in deeds of trust, by foreclosure as a mortgage, or in any other manner permitted by law. Any judgment obtained by the Association in connection with the collection of delinquent Assessments and related charges shall include reasonable attorney's fees, court costs, and every other expense incurred by the Association in enforcing its rights. Failure of the Association to promptly enforce any remedy granted pursuant to this Section 13 shall not be deemed a waiver of any such rights.

  14. Subordination of Lien to Mortgages. The lien of the Assessments provided herein shall be subordinate to the lien of any Mortgage given in the first instance to a bank, savings and loan association, insurance company or other institutional lender; and the holder of any such Mortgage or a purchaser who comes into possession of or becomes the Owner of a Lot by virtue of the foreclosure of such Mortgage, or the exercise of a power of sale under such Mortgage, or by deed in lieu of foreclosure, shall take free of such Assessment lien as to any Assessment installment which accrues or becomes due prior to the time such holder or purchaser comes into possession or ownership of such Lot; provided, that to the extent there are any proceeds of the sale on foreclosure of such Mortgage, or by exercise of such power of sale, in excess of all amounts necessary to satisfy all indebtedness secured by and owed to the holder of such Mortgage, the lien shall apply to such excess. No sale or transfer of a Lot in connection with any foreclosure of a Mortgage shall relieve any Lot from the lien of any Assessment installment thereafter becoming due.

  15. No Abatement. No diminution or abatement of any Assessments under the Declaration shall be claimed or allowed for inconvenience, annoyance, or discomfort arising from;

    1. any construction (or lack of construction) within the Development;

    2. the making of (or failure to make) any repairs or improvements to, or the maintenance of any Common Areas; or

    3. from any action taken to comply with the provision of the Declaration or with the laws, ordinances, regulations, rules, or orders of any governmental authority.

ARTICLE VIII
GENERAL PROVISIONS

  1. Notices. Any notice required or permitted to be given to any Member under the provisions of this Declaration shall be deemed to have been properly furnished if delivered or mailed, postage prepaid, or delivered electronically to the person named as the Owner, at the latest address for such person, as reflected in the records of the Association at the time of delivery or mailing. Any notice required or permitted to be given to the Association may be given by similarly delivering or mailing the same to the Managing Agent or any officer or Board member of the Association or to the Association's Registered Agent as reflected in the Association's records at the Office of the Secretary of State of the State of Idaho. Any notice required or permitted to be given to the DRC may similarly be given by delivering or mailing the same to the Managing Agent of the Association or any member of the DRC.

  2. Amendment. These Bylaws may be amended (as opposed to terminated and replaced) by an instrument recorded in the Public Records, which is executed either by Members who collectively hold at least sixty percent (60%) of the total outstanding votes in the Association, or by the Association's President and Secretary, who shall certify that the required sixty percent (60%) vote was obtained in a Member meeting, or by consent, and is so documented in the records of the Association.

  3. Consent in Lieu of Vote. If the Bylaws say that a certain number of votes are needed to approve something, the Association may get those votes by having members sign a written agreement, instead of holding a meeting. This can be done as long as the number of votes is the same as what the Bylaws require, unless the law says a higher number is needed. The following additional provisions shall govern any application of this Section 3:

    1. All necessary consents must be obtained prior to the expiration of 90 days after the initial consent is first given by any Member;

    2. The total number of votes required for the applicable authorization or approval shall be determined as of the date on which the last consent is submitted;

    3. Any change in ownership of a Lot which occurs after a consent has been obtained from the Owner thereof shall not be considered or taken into account for any purpose; and

    4. Unless the consent of all Owners whose memberships are appurtenant to the same Lot are secured, the consent of none of such Owners shall be effective.

  4. Interpretation. The captions pertaining to the ARTICLE and Section numbers of these Bylaws are for convenience only and shall in no way affect the manner in which any provision hereof is construed. Whenever the context so requires, the singular shall include the plural, the plural shall include the singular, and any gender shall include both genders. The invalidity or unenforceability (if any portion of these Bylaws shall not affect the validity or enforceability of the remainder hereof which shall remain in full force and effect. The laws of the State of Idaho shall govern the validity, construction, and enforcement of these Bylaws.

  5. Condemnation. If at any time or times an insubstantial or minor part of the Common Areas or any part thereof shall be taken or condemned by any authority having the power of eminent domain, all compensation and damages shall be payable to the Association and shall be used by the Association as the Board deems appropriate. In the event of any other taking or condemnation, the interests of the Association, the Members and Mortgagees shall be as they may appear.

  6. Covenants to Run with Land. These Bylaws and all provisions contained herein shall constitute covenants running with the land or equitable servitudes, as applicable, and shall be binding upon and inure to the benefit of all successors and assigns, and their respective grantees, transferees, heirs, devisees, personal representatives, successors, and assigns. Each Owner or occupant of a Lot shall comply with, and all interests in all Lots or in the Common Areas shall be subject to, the terms of these Bylaws and the provisions of any Rules and Regulations, agreements, instruments, and determinations contemplated by the Bylaws. By acquiring any interest in a Lot, the party acquiring such interest consents to, and agrees to be bound by each and every provision of these Bylaws.

  7. Enforcement of Restrictions. The Association, any Members or any Mortgagee shall have the right to exercise or seek any remedy at law or in equity to interpret, to enforce compliance with, or to obtain redress for violation of these Bylaws. The prevailing party in any such action shall be entitled to collect court costs and reasonable attorney's fees.

  8. Duration/Termination. The Declaration of Covenants, Conditions and Restrictions and these Bylaws shall remain in effect until such time as there is recorded in the Public Records, following the approval of the City of Rexburg authorizing such termination, an instrument of termination which is executed by eighty percent (80%) of the total outstanding votes of the Association, plus the Mortgagee of each and every Lot.

  9. Effective Date. These Bylaws, and any amendment hereto, shall take effect upon its being filed for record in the Public Records.

  10. Replacement of Bylaws. These Bylaws, and any amendment hereto, shall replace all previously executed Bylaws and shall be known as the Bylaws for The Meadows at Rexburg Homeowners Association, LTD upon being filed for record in the Public Records.

EXECUTED by the President of the Board of the Association on this 1st Day of September, 2024.

David Rail - President of the Board