APRIL
1991
BY-LAWS
OF
OAKBROOK TOWNHOUSES, INC.
(AS REVISED JANUARY 17, 1995; JANUARY 21, 2003; JANUARY
17, 2006)
ARTICLE I
NAME AND LOCATION. The name of the
corporation is OAKBROOK TOWNHOUSES, INC., a Washington non-profit corporation,
hereinafter referred to as the "Association". The principal office of
the corporation shall be located at P. 0. Box 99455, Tacoma, Washington 98499,
but meetings of members and Trustees may be held at such places within the
State of Washington, County of Pierce, as may be designated by the Board of
Trustees.
ARTICLE II
Definitions
SECTION 1.
"Association" shall mean and refer to OAKBROOK TOWNHOUSES,
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.
"Townhouse", "Dwelling Unit", "Lot", "Common
Area". The properties are zoned PRD (Planned Residential Development); and
shall be used in compliance with regulations established by Pierce County with
respect to such a district and site plan for the properties heretofore approved
by the Planning Commission and the County Commissioners of Pierce County. The
site plan consists of twelve Townhouses encompassing a total of 65 Dwelling
Units. A “Townhouse” means a building containing two or more Dwelling Units
which share one or more common walls with other Dwelling Units and with each
Dwelling Unit individually occupying an individually owned Lot. A
"Dwelling Unit" means any portion of a Townhouse designed and
intended for use and occupancy as a residence by a single family. A
"Lot" shall mean any plot of land shown upon the recorded
sub-division map of the properties with the exception of the Common Area. The
recorded subdivision map of the properties shows 65 of such Lots. "Common
Area" shall mean all the properties except the Lots and is designated on
the plat of Oakbrook Townhouses as "Tract A". The Common Area is to
be owned by the Association for the common use and enjoyment of the members of
the Association.
SECTION 4. "Member"
shall mean and refer to every person or entity who holds membership in the
Association.
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, including contract sellers, but
excluding those having such interest merely as security for the performance of
an obligation.
SECTION 6. "Declaration"
shall mean and refer to the Declaration of Covenants, Conditions and
Restrictions applicable to the Properties recorded in the office of the Pierce
County Auditor under Pierce County Auditor's Fee No. 9104240298, recorded
4-24-91
ARTICLE Ill
Membership
SECTION 1. Every person or
entity who is a record owner of a fee or undivided fee interest in any Lot
which is subject by covenants of record to assessment by the Association,
including contract sellers, shall be a member of the Association; provided,
however, that if any Lot is held jointly by two (2) or more persons, the
several owners of such interest shall one of their number as the
"Member". The foregoing is not intended to include persons or
entities who hold an interest merely as security for the performance of an
obligation. Membership shall be appurtenant to and may not be separated from
ownership of any Lot which is subject to assessment by the Association. Ownership of such Lot shall be the sole
qualification for membership.
SECTION 2. Suspension of
Membership. During any period in which a member shall be in default in the
payment of any assessment or monthly charge levied by the Association, the
voting rights and right to use of the recreational facilities of such member
may be suspended by the Board of Trustees until such assessment or monthly
charge has been paid. Such rights of a member may also be suspended, after
notice and hearing, for a period not to exceed 30 days, for violation of any
rules and regulations established by the Board of Trustees or Declaration
governing the use of the Common Area and facilities.
ARTICLE IV
Powers of Unit Owner, Association:
Property Rights: Rights of Enjoyment
SECTION 1. Each member shall
be entitled to the use and enjoyment of the Common Area and facilities as
provided in the Declaration. Any member may delegate his/her rights of
enjoyment of the Common Area to the members of his/her family, his/her tenants
or contract purchasers, who reside on the property. Such members shall notify
the secretary in writing of the name of any such delegee. The rights and
privileges of such delegee are subject to suspension to the same extent as
those of the member.
SECTION 2. Use Restrictions.
These are defined in the Declaration of Covenants for Oakbrook Townhouses, Inc.
SECTION 3. Exterior
Maintenance. The Association shall provide maintenance upon the Common Area and
exterior maintenance upon each dwelling unit which is subject to assessment
hereunder, as follows: paint, repair, replace and care for roofs, gutters,
downspouts, exterior building surfaces, trees, shrubs, driveways, walks and
other exterior improvements, including the exterior only of garage doors. Such
exterior maintenance shall not include glass surfaces or upkeep of the ground
area to the rear of the buildings. Such exterior maintenance is limited to the
dwelling unit exterior as originally built. Maintenance of changes by any owner
or former owner shall be at the expense of the present owner.
In
the event that the need for maintenance or repair is caused through the willful
or negligent act of the owner, his/her family, or guests, or invitees, the cost
of such maintenance or repairs shall be added to and become a part of the
monthly charge or assessment to which such lot is subject.
SECTION 4. The powers of unit
owners are fully set forth in the Declarations in Article V and are
incorporated fully herein.
SECTION 5 (Note:
New Section 5 added by amendment at the Oakbrook Townhouses, Inc. Annual Meeting
on January 17, 1995) Each owner of a
dwelling unit is responsible for all maintenance and repair of the interior of
the unit, defined as the inside drywall and ceiling of the unit. Interior
damage caused from external wear and tear is the responsibility of the
Association.
ARTICLE V
Board of Trustees: Selection - Term of Office
SECTION 1. Number. The affairs
of this Association shall be managed by a Board of not less than five (5) nor
more than nine (9) Trustees.
SECTION 2. Election. At each
annual meeting the members shall elect three Trustees for a term of three
years.
SECTION 3. Removal. Any
Trustee 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 Trustee, the successor shall be selected by the remaining members
of the Board and shall serve for the unexpired term of the predecessor.
SECTION 4. Compensation. No
Trustee shall receive compensation for any service he or she may render to the
Association. However, any Trustee may be reimbursed for his/her actual expenses
incurred in the performance of his/her duties.
ARTICLE VI
Meeting of Trustees
SECTION 1. Regular Meetings.
Regular meetings of the Board of Trustees shall be held monthly, at such place
and hour as may be fixed from time to time by resolution of the Board.
SECTION 2. Special Meetings.
Special meetings of the Board of Trustees shall be held when called by the
president of the Association, or by any two Trustees, after not less than three
(3) days' notice to each Trustee.
SECTION 3. Quorum. A majority
of the number of Trustees shall constitute a quorum for the transaction of
business. Every act or decision done or made by a majority of the Trustees
present at a duly held meeting at which a quorum is present shall be regarded
as the act of the Board.
ARTICLE VII
Nomination and Election of Trustees
SECTION 1. Nomination.
Nomination for election to the Board of Trustees shall be made by a Nominating
Committee. Nominations may also be made from the floor at the annual meeting,
provided that the nominee has agreed to serve on the Board. The Nominating
Committee shall consist of a Chairperson, who shall be a member of the Board of
Trustees, and two or more members of the Association. The Nominating Committee
shall be appointed, by the Board of Trustees 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 Trustees as it shall in its discretion determine, but not less
than the number of vacancies that are to be filled. Nominations may be made
only from among members of the Association.
SECTION 2. Election. Election
to the Board of Trustees shall be by secret written ballot, or in such fashion
as approved by a majority of those present and voting. At such election the
members or their proxies 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.
ARTICLE VIII
Power and Duties of the Board of Trustees
SECTION 1. Powers. The Board of
Trustees 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) 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
of Incorporation, or the Declaration;
(c) declare the office of a member of the
Board of Trustees to be vacant in the event such member shall be absent from
three (3) consecutive regular meetings of the Board of Trustees; and
(d) 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 Trustees 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 or at any special meeting, when
such statement is requested in writing by one-fourth (1/4) of the members who
are entitled to vote;
(b) supervise all officers, agents and
employees of this Association, and to see that their duties are properly
performed;
(c) send written notice of each change in the
monthly charge to each owner;
(d) In its discretion, issue, or to cause an
appropriate officer to issue, upon appropriate request by any person, a
certificate setting forth whether or not any assessment or monthly charge has
been paid;
(e) procure, obtain and keep current
insurance to protect all dwelling units, dwelling unit owners, renters or
contract purchasers from any loss or liability, as follows:
(1) Fire insurance on all 65 dwelling units
to include the units and including all fixtures, machinery, equipment, all
fixed cabinets and wall-to-wall carpeting forming a permanent part of the
building owned by the unit owners. This policy shall provide that each dwelling
unit will be replaced to its condition prior to the fire. This policy shall
also provide for such other coverages and conditions ordinarily provided in
such policies not inconsistent with these By-Laws and the Declarations.
(2) Public liability for any act of the
Association, directors, officers and those acting on behalf of the Association.
(3) Non-owned automobile insurance to cover
the Association for the acts of its officers, Directors or anyone acting for
the Association who use their own private vehicle on the business of the
Association.
(4) Earthquake insurance to protect all
dwelling units from damage by earthquake and providing that any dwelling unit
shall be repaired or replaced to its condition before any such damage.
(5) All policies shall carry an agreed amount
value indorsement.
(6) Medical coverage for persons injured on
the property of the Association.
(7) These Insurance policies shall name as insureds
all owners, renters, lessees or contract purchasers of dwelling units of this
Association.
(8) All dwelling unit owners, renters or
contract purchasers shall be responsible for insuring the interior of each
dwelling unit and its contents not covered by the Association Insurance
coverage.
(f) cause the common area to be maintained as
provided for herein;
(g) cause the exterior of the dwelling units
to be maintained as provided herein;
(h) provide for water to all units, street
lighting and cable television;
(i) (As
amended by vote of the membership at the Annual Meeting of January 17, 2006) solicit
at least three (3) bids for work or services or activities of the Association
where it is anticipated the expenditure therefore will exceed $5,000.00. If it
is not reasonably possible to obtain three (3) bids, the reason the three (3)
bids can't be obtained will be set forth in the Minutes and a lesser number is
authorized. The Board will set forth in the Minutes bids received and the
reasons for the selection of the successful bidder if it is not the lowest
bidder.
The Board will follow the provision of this
paragraph in every instance. The failure to follow these provisions will void
any bid and those members who voted contrary to these provisions will be
removed from the Board.
(j) (Note: New Sub-Section (j) added by amendment at the Oakbrook
Townhouses, Inc. Annual Meeting on January 17, 1995) In its discretion to hire a management
agency to perform many of the duties of the Board, the Board will oversee the
performance of that agency and will continue to perform its duties set forth in
the Covenants and By-Laws.
ARTICLE IX
Committees
SECTION 1. The Association
shall appoint an Architectural Control Committee, as provided in the
Declarations, and a Nominating Committee, as provided in these ByLaws. In
addition, the Board of Trustees' shall appoint other committees as deemed
appropriate in carrying out its purposes, such as;
(a) a Maintenance Committee which shall
advise the Board of Trustees on all matters pertaining to the maintenance,
repair or improvement of the properties and shall perform such other functions
as the Board in its discretion determines;
(b) an Audit Committee which shall supervise
the annual audit of the Association's books and approve the annual budget and
statement of income and expenditures to be presented to the membership at Its regular
meeting. The Treasurer shall be an ex officio member of the committee.
SECTION 2. Complaints from
members on any matter involving Association functions, duties, and activities
shall be in writing addressed to the President, who shall cause a written
response to be made in not more than 60 days. Emergency situations should be
reported orally to the maintenance manager immediately.
ARTICLE X
Meeting of Members
SECTION 1. Annual Meeting. The
Annual Meeting of the members shall be held in the month of January each year.
The Board shall set the time of the meeting. The date will be sent to the
members as prescribed in SECTION 3
of this Article. (As amended by vote
of the membership at the Annual Meeting of January 21, 2003)
SECTION 2. Special Meetings.
Special meetings of members may be called at any time by the President of by
the Board of. Trustees, or upon written request of one-fourth (1/4) of the
members who are entitled to vote.
SECTION 3. Notice of Meetings.
Written notice of each meeting of the members shall be given by mailing a copy
of each notice, postage prepaid, at least thirty (30) 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. Mailed with the notice of the Annual Meeting will be an agenda of
actions to be taken by the members, the budget for the ensuing year and a
second year financial plan. (As
amended by vote of the membership at the Annual Meeting of January 21, 2003)
SECTION 4. Quorum. A quorum
for any action except as otherwise provided in the Articles of Incorporation,
the Declaration, or these By-Laws shall consist of thirty (30) members present
in person or by proxy. If, however, such a 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 at the meeting, until a quorum as aforesaid shall be present or be
represented. (As amended by vote of
the membership at the Annual Meeting of January 21, 2003)
SECTION 5. Proxies. At all
meetings of members, each member may vote in person or by proxy:. Ali 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/her Lot.
ARTICLE XI
Officers and Their Duties
SECTION 1. Enumeration of
Offices. The Officers of this Association shall be a president and
vice-president, who shall at all times be members of the Board of Trustees, 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 a meeting of the Board
of Trustees immediately 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/she 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 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 cause by the Board. Any
officer may resign at any time by 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 in the manner prescribed for regular
election. The officer elected to such vacancy shall serve for the remainder of
the term of the officer he/she 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 the other offices except in
the case of special offices created pursuant to SECTION 4 of this Article.
SECTION 8. Legal
Responsibilities of the Officers and Trustees of the Association. The officers
and members of the Board of Trustees elected or appointed in accordance with
the By-Laws shall in all instances act on behalf of the Association. In the
performance of their duties they are required to exercise ordinary and
reasonable care in the conduct of the business of the Association and shall
only exercise those powers and duties set forth in the By-Laws of this
Association.
SECTION 9. Duties. The duties
of the officers are, as follows:
(a) President. The president shall preside at
all meetings of the Board of Trustees and all meetings of the Association; shall
see that orders and resolutions of the Board are carried out; shall sign all
leases, mortgages, deeds and other written instruments and shall co-sign all
promissory notes.
(b) Vice President. The vice-president shall
act in the place and stead of the president in the event of his/her absence,
inability or refusal to act, and shall exercise and discharge such other duties
as may be required of him/her by the Board.
(c) Secretary. 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 a separate record of policies adopted by the Board; 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.
(d) Treasurer. 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 Trustees;
shall co-sign all checks and promissory notes of the Association with another
officer of the Board; keep proper books of account; cause an annual audit of the
Association books to be made by the Audit Committee at the completion of each
fiscal year; and shall prepare an annual budget, a second year financial plan,
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.
Additionally, the treasurer shall keep
financial records sufficiently detailed to enable the Association to comply
with the laws of the State of Washington. All financial and other records shall
be made reasonably available for examination by any unit owner and the owner's
authorized agents. The financial records shall be audited at least annually by
a certified public accountant.
The funds of the Association shall not be
commingled with the funds of any other association, nor with the funds of any
manager of the association or any other person responsible for the custody of
such funds. Any reserve funds of the association shall be kept in a segregated
account and any transaction affecting such funds, including the issuance of
checks, shall require the signature of at least two persons who are officers or
directors of the association.
ARTICLE XII
Liens and Charges or Assessments
SECTION 1. Lien for
Assessments. The lien provisions are fully set forth in the Declaration and are
fully incorporated herein.
SECTION 2. Purpose of Monthly
Charges and Assessments. The monthly charges and assessments shall be used
exclusively for the purpose of promoting the recreation, health, safety and
welfare of the residents of the properties and to carry out such purposes as
are covered elsewhere in these By-Laws.
SECTION 3. Amount of Monthly
Charges. Each owner or contract purchaser shall pay to the Association a
monthly charge as established by the membership at its annual meeting or at a
special meeting called for that purpose. The monthly charge may be increased by
the Association with the consent of two-thirds (2/3) of the members voting in
person or by proxy. After consideration of current maintenance costs and future
needs of the Association, the Board of Trustees may fix the monthly charge at
an amount less than the maximum monthly charge authorized by the membership.
SECTION 4. Assessments. In
addition to the monthly charges authorized above, the Association may levy any
assessment for any purpose as authorized herein by the assent of two-thirds
(2/3) of the votes of ail members who are voting in person or by proxy at the
annual meeting or at a special meeting called for this purpose.
SECTION 5. Date of Commencement
of Monthly Charges or Assessments. As to each particular Lot involved, the
liability for the monthly charges or assessments provided for herein shall
begin on the first day of the calendar month following the execution of any
deed or real estate contract of sale for the Lot. Said monthly charges shall be
due and payable on the first day of the month and the same each calendar month
thereafter. The due date of any assessment shall be fixed by the Association in
the resolution authorizing such assessment.
SECTION 6. Effect of
Nonpayment of Monthly Charge or Assessment - Remedies. If any monthly charge or
assessment is not paid within fifteen (15) days after it was first due, a late
fee in the amount set by the Board shall be levied. No owner or contract
purchaser shall be relieved of liability for the assessments provided herein by
non-use of the Common Area or abandonment of his/her Lot .
(As amended by vote of the membership at
the Annual Meeting of January 21, 2003)
SECTION 7. Exempt Property. No
land or improvements devoted to dwelling use shall be exempt from said monthly
charges or assessments.
SECTION 8. The Board of Trustees
may establish a reserve account for extraordinary expenses incurred while
maintaining and repairing buildings and Common Areas. (As added by vote of the membership at the Annual Meeting of January
21, 2003)
SECTION 9. The Association shall
be subjected to an Annual Audit by a Certified Public Accountant. (As added and amended by vote of the
membership at the Annual Meeting of January 21, 2003)
ARTICLE XIII
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 at the principal office of the
Association, where copies may be purchased at reasonable cost.
ARTICLE XIV
Corporate Seal
The
Association shall have a seal in circular form having within its circumference
the words: OAKBROOK TOWNHOUSES, INC.
ARTICLE XV
Amendments
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 present in person or by proxy.
SECTION 2. In case of any
conflict between the Articles of Incorporation and these By-Laws, the Articles
shall control; and in case of any conflict between the Declaration and these
By-Laws, the Declaration shall control.
ARTICLE XVI
Arbitration
Article
XIV, SECTION 5, of the General Provisions of the Declaration of Covenants
grants the Association the right to institute, defend, or intervene in
litigation or administrative proceedings in its name on behalf of itself or two
or more unit owners on matters affecting the condominium. Within that authority
is the right to determine whether arbitration or alternative dispute resolution
options will provide a more effective or efficient means of resolving the
matter affecting the condominium. The selection of a mediation service shall be
governed by considerations such as cost or expense involved in utilizing these
services, whether an agreement has been entered into allowing the Association
to share these costs with the other party to the dispute and the quality of the
service provided.
Once
selected and agreed to by the parties, arbitration shall be binding on all
parties with no right to appeal or make subsequent claim on the same subject
matter to Superior Court, courts of lesser jurisdiction, or federal court. If
either party opts to pursue a claim in Superior Court or a court of limited
jurisdiction or federal court, such option shall not limit the party's right to
subsequently refer the matter to arbitration or alternative dispute resolution
provided the, payment of any costs associated with, originally filing the
complaint and subsequently transferring the same to arbitration shall be borne
by the party initiating the action in court and subsequently transferring the
same, including such costs borne by the opponent, excluding attorney's fees. If
the party responding to the claim subsequently obtains the consent of the
initiating party to arbitration, all parties will bear their own expenses due
to the transfer of the matter to arbitration.
ARTICLE XVII
Resale of Units
SECTION 1. A unit owner shall
furnish to a purchaser before execution of any contract for sale of a unit, or
otherwise before conveyance, a copy of the Declaration, the By-Laws, the rules
or regulations of the Association, and a certificate, based on the books and
records of the Association and the actual knowledge of the person signing the
certificate, containing:
(a) A statement disclosing the effect on the
proposed conveyance of any right of first refusal or other restraint on the free
alienability of the unit;
(b) a statement setting forth the amount of
the monthly common expense assessment and any unpaid common expense or special
assessment currently due and payable from the selling unit owner and a
statement which shall be current to within forty-five (45) days, of any common
expenses and special assessments past due over thirty (30) days;
(c) a statement of any other fees payable by
unit owners;
(d) a statement of any anticipated capital
expenditures in excess of five percent (5%) of the annual budget of the
Association that have been approved by the Board of Trustees.
(e) a statement of the amount of any reserves
for capital expenditures and of any portions of those reserves currently
designated by the Association for any specified projects;
(f) a balance sheet of the Association, which
shall be current to within one hundred twenty (120) days, and an income and
expense statement of the Association if an income and expense statement has
been prepared;
(g) the current operating budget of the
Association;
(h) a statement of any unsatisfied judgments
against the Association and the status of any pending suits in which the
Association is a defendant;
(i) a statement describing any insurance
coverage provided for the benefit of unit owners;
(j) a statement as to whether there are any
alterations or improvements to the unit or to the common area that violate any
provision of the Declaration;
(k) a statement as to whether there are any
violations of the health
or building codes with respect to the unit, the
common area, or any other portion of the condominium; and
(l) a statement of the remaining term of any
leasehold estate affecting the condominium and the provisions governing any
extension or renewal thereof.
SECTION 2. The Association,
within ten (10) days after a request by a unit owner, shall furnish a
certificate containing the information necessary to enable the unit owner to
comply with this Article. A unit owner providing a certificate pursuant to SECTION
1 of this Article is not liable to the purchaser for any erroneous information
provided by the Association and included in the certificate unless and to the
extent the unit owner had actual knowledge thereof.
SECTION 3. A purchaser is not
liable for any unpaid assessment or fee greater than the amount set forth in
the certificate prepared by the Association unless and to the extent such
purchaser had actual knowledge thereof. A unit owner is not liable to a
purchaser for the failure or delay of the Association to provide the
certificate in a timely manner, but the purchaser's contract is voidable by the
purchaser until the certificate has been provided and for five (5) days
thereafter or until conveyance, whichever occurs first.
SECTION 4. The content of this
Article has been extracted from SECTION 4-107, Chapter 43, Washington Laws of
1989. It is published herein as a service to the members of the Association.
The Association assumes no responsibility nor liability for any change in the
law subsequent to the effective date of the
Act
(July 1, 1990).
ARTICLE XVIII
Miscellaneous
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.
ARTICLE XIX
(Note: New ARTICLE XIX
added by amendment at the Oakbrook Townhouses, Inc. Annual Meeting on January
17, 1995)
All
unit owners (65) would share equally in the deductible loss of any owner or
owners due to earthquake damage to a unit or units.
IN
WITNESS WHEREOF, the undersigned, being the Vice President, Board of
Trustees,
has hereunto set his hand and seal this 20th day of April, 1991.
OAKBROOK
TOWNHOUSES, INC.
/s/
By
DANIEL R. COMSIA, Vice President
*****
AMENDMENTS TO BY-LAWS
OF OAKBROOK TOWNHOUSES, INC. DATED APRIL 1991
1.
Amend Article IV to add a new SECTION 5.
"Each owner of a
dwelling unit is responsible for all maintenance and repair of the interior of
the unit, defined as the inside drywall and ceiling of the unit. Interior
damage caused from external wear and tear is the responsibility of the Association.
2.
Amend Article VIII, SECTION 2 to add
a new Section J.
"In its discretion to hire a management
agency to perform many of the duties of the Board, the Board will oversee the
performance of that agency and will continue to perform its duties set forth in
the Covenants and By-Laws."
3.
Amend By-Laws to add a new Section, Article XIX.
"All unit owners (65) would share
equally in the deductible loss of any owner or owners due to earthquake damage
to a unit or units."
Note: A typing error was found on By-Laws
page 10. It shows Article XVII Miscellaneous. Please correct your copy to show
Article XVIII Miscellaneous.
Amendments
were voted on and passed at the Oakbrook Townhouses, Inc. Annual meeting on
January 17, 1995.
ATTACH
THESE AMENDMENTS TO YOUR CURRENT BY-LAWS
This
is a corrected copy of amendments. Please destroy your previous copy.
*****
BY-LAWS AMENDMENTS
JANUARY 21, 2003
AMEND;
ARTICLE X, SECTION 1.
"The Annual Meeting of the members shall
be held in the month of January each year. The Board shall set the time of the
meeting. The date will be sent to the members as prescribed in SECTION 3 of this Article."
AMEND;
ARTICLE X, SECTION 3.
"Written notice of each meeting of the
members shall be given by mailing a copy of each notice, postage prepaid, at
least thirty (30) 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. Mailed with the
notice of the Annual Meeting will be an agenda of actions to be taken by the
members, the budget for the ensuing year and a second year financial
plan."
AMEND;
ARTICLE X, SECTION 4.
"A quorum for any action except as
otherwise provided in the Articles of Incorporation, the Declaration, or these
By-Laws shall consist of thirty (30) members present in person or by proxy. If,
however, such a 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 at the meeting, until
a quorum as aforesaid shall be present or be represented."
AMEND;
ARTICLE XII SECTION 6.
"If any monthly charge or assessment is
not paid within fifteen (15) days after it was first due, a late fee in the
amount set by the Board shall be levied. No owner or contract purchaser shall
be relieved of liability for the assessments provided herein by non-use of the
Common Area or abandonment of his/her Lot."
AMEND;
ADD ARTICLE XII, SECTION 8.
"The Board of Trustees may establish a
reserve account for extraordinary expenses incurred while maintaining and
repairing buildings and Common Areas."
AMEND;
ADD ARTICLE XII SECTION 9.
"The Association shall be subjected to
an Annual Audit within ninety (90) days of the close of the prior calendar year
by a Certified Public Accountant."
AMENDMENT
TO THE AMENDMENT,
Delete the words "within 90 days of the
close of the prior calendar
year."
*****
Oakbrook Townhouses, Inc
Amendment to By-laws
January 17, 2006
Amend
ARTICLE VIII, Section (i) of the By-laws to read as follows:
To solicit at least three (3) bids for work
or services or activities of the Association where it is anticipated the
expenditure therefore will exceed $5,000.00. If it is not reasonably possible
to obtain three (3) bids, the reason the three (3) bids can't be obtained will
be set forth in the Minutes and a lesser number is authorized. The Board will
set forth in the Minutes bids received and the reasons for the selection of the
successful bidder if it is not the lowest bidder.
The Board will follow the provision of this
paragraph in every instance. The failure to follow these provisions will void
any bid and those members who voted contrary to these provisions will be
removed from the Board.
No comments:
Post a Comment