Bylaws Providence Master Homeowners Association

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Transcription:

Bylaws Providence Master Homeowners Association

BYLAWS Included Contents: Amended and Restated Bylaws 2004-06-17 Amendment to Bylaws 2007-04-18 Master Association Management Office 7175 N Durango Drive, Suite 280, Las Vegas, NV 89149 * Phone 702.216.2020 * Fax 702.240.3048 *

PROVIDENCE MASTER HOMEOWNERS ASSOCIATION, INC. RESOLUTION 041807-02 OF THE BOARD OF DIRECTORS OF THE PROVIDENCE MASTER HOMEOWNERS ASSOCIATION WHEREAS, the State of Nevada in NRS116.3103 assigns the Executive Board ("Board") the Duty to act on behalf of the Providence Master Homeowner's Association ("Association") and, WHEREAS, Article 6, Section 6.3 of the Association Covenants, Conditions and Restrictions (CC&R's) establish management of the Association by a Board of Directors and, WHEREAS, Article 8, Section 8.1 of the Association Bylaws delineates the power and duties of the Board of Directors and, WHEREAS, the Board of Directors of the Association believes it is in the best interests of the Association to amend certain sections of the Association's Bylaws, including Section 9.9 and Article 14, for the purposes of allowing the Board on a regular basis, to pass resolutions providing withdrawing or amending the authority that the management company has to sign checks on its operating account, and to allow the creation of hearing committees of Members of the Association to hold hearings to determine whether or not Members of the Association are in violation of the governing documents and, WHEREAS, a majority of the Board of Directors and sixty-seven percent (67%) of the voting power of the Association must approve the amendments to the Bylaws; NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors hereby approves the proposed amendments to the Bylaws attached hereto as Exhibit "A"; RESOLVED, FURTHER, that the Association's Community Manager is hereby authorized to disseminate a ballot to all persons who have the right to vote with respect to Units of the Association to seek their vote to approve the proposed amendments to the Bylaws attached hereto as Exhibit "A" and that the Community Manager will work with the Association's attorney to prepare the ballot which shall provide the owners with thirty (30) days' notice to vote on the issue by returning their ballot to the Association's Community Manager; and such ballot shall provide the Board with the unilateral authority to increase the date for the return of the ballots up to sixty (60) days as many times as the Board desires; and that the record date for ownership ofa Unit for the purposes ofthe right to vote shall be May 1,2007; RESOLVED, FURTHER, that the officers of the Association are hereby authorized to take any reasonable and necessary steps to effectuate the dissemination of the ballots and the vote of the owners on the possible approval of the amendments to the Bylaws. PROVIDENCE MASTER HOMEOWNERS ASSOCIATION BOARD OF DIRECTORS

EXHIBIT" A" PROPOSED AMENDMENTS TO THE BYLAWS Section 9.9 of the Bylaws is hereby amended to add the following at the end thereof: "Notwithstanding anything to the contrary contained herein, the Board of Directors, may by resolution, authorize agents of the Association, including the Association's management company or its employees, to sign checks for the Association's operating account. Any such Board resolution shall set the maximum limit that the agent shall have in signing on the Association's / operating account. Such authority may be changed, modified or withdrawn by Board resolution at any time. Under no circumstances shall anyone other than the directors of the Association be allowed to be signatories on the Association's reserve account." Article 14 of the Association's Bylaws is hereby deleted in its entirety and replaced with the following: "NOTICE AND HEARING PROCEDURE. Before undertaking any action for which Notice and Hearing are provided for under the Master Declaration, the Board first shall cause written notice of such proposed action to be delivered to all Owners affected thereby. The notice shall describe the action proposed to be taken, and shall set the date of the hearing on the matter, which date shall be not less than ten (10) days nor more than thirty (30) days after the delivery ofthe notice. Each affected Owner may be heard in person, or by counsel at the Owner's expense, at a hearing before a hearing committee established by the Board of Directors or before a quorum of the Board of Directors at the Board of Directors' discretion. The hearing committee or Board may adjourn and continue the hearing from time to time as it deems necessary for the purpose of obtaining additional evidence or information. The hearing committee or Board shall issue its written ruling on the matter within forty-five (45) days after the conclusion of the hearing, which shall be binding and conclusive as all matters presented therein, except as set forth in the following sentence. Any Owner whose hearing is before a hearing committee shall have the right to appeal the decision to the Board of Directors provided that the appeal is requested in writing to the Association in care of its management company within twenty (20) days after the hearing committee delivers to the Owner its decision with

respect to the matter. With respect to any appeal, the Board may elect to take any of the following actions: (1) elect not to accept the appeal and leave the hearing committee's decision in place; (2) confirm or reverse the decision of the hearing committee without a further hearing; or (3) hold an additional hearing allowing the Owner to present the evidence he desires. The Board shall advise the Owner within thirty (30) days what course the Board is going to take. If the Board fails to advise the Owner in such thirty (30) day period, an additional hearing will be set in front of the Board. If an additional hearing is held, the Board shall be required to issue its written ruling thereon within forty-five (45) days after the conclusion of the additional hearing and such ruling shall be binding and conclusive to all matters set forth therein.) L:\L V0589\001 \Documents\Proposed Amendments.030807. wpd 382007 1052-2- I

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