BYLAWS
OF
THE MEADOWS AT REXBURG HOMEOWNERS ASSOCIATION, LTD
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
- 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.
- 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
- Eligibility. Membership in the Association shall be limited to owners of record of real property located within the Meadows subdivision.
- 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.
- 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
- 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.
- 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.
- 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
- 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.
- 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.
- 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
- 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.
- 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.
- 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.