Bylaws Harbour Island Community Services Association

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Bylaws Harbour Island Community Services Association

BY-LAWS Y-LAW5

-

OF

ISLAND ILP.OUfl I5LA ILAP.O1Jfl

COtMUNITY SEnVICES ASSOCIATIcr4. ASSOCIATION. INC. INC. COMMWrY SE1VICES

/

EXhIBIT EXflIDIT

C' E

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:46O 46Q6 .94 i4

flyOY-LAWS LAWS

T?ELE OFCOHTEiTS CONTEiTS T?.i..E OF

Page



ARTICLE ICLE TI

CENER'Z. CENTRAt II7ThOUCT)ON II1TRODUCTTON

Scct. CCt. 11 -- Name eme Sect, 2 — Applicability pp11cabi1ity

Sect. 2 Sect. Effect Scct. 33 — - Effect

1 1 1

TIE.EIt II VOTInG VO1tORIGHTS, RIGHTS?tAJORITY, ARTICLE tPJORITY1QIJDRtJTI, PROXIES 1JDRtJH, PROXIES

2

Sect. Soct. 11 -—Voting Voting Rights Rights sect. Sect. 2 — - Najodty Majority or of Quorum Quorum Sect. uorun Sect. 33 —- Quorum sect. 4 4 -— Prccies Sect. Proxies ,

22 2 2 2

!RTE-I

ARTiJLe-flI ADM1PflSTAT1OH DM1!STRI

3

ji3

Repon5jbj1ities

Sect. Sects 1. 1 — - Association AsEociation Reopon5jbiljtjes

Sect. 2 2 -— Place Place of Sect. Voting ofieetings Meetingsofof Voting4cmbers Members . Sett. Annual Meeting Sect. 33 -— Anua1 Member5 Meeting of ofvoting Voting Members Sect. Sect. 44 -— Special flerbers Special Metirg3 Meetings of voting voting 3er.be: Sect. Sect. SS —- Netice Natice cf of leeting5 leetxng5ofofVoting Votingiembere Members Sect. Sect. 66 —- Adjourned Adjourned Meeting, Meting Sect. order of Sect. 7 — - Order of Eusness uair.ea Sect. Sect. B - Action B— Action Without Without Meeting Heeting ., ., . -. Sect. gg—- MinUtes, of Notice Minutes, Presurrption Notice Presumption of

.

Bok of - Bok of R Reso1it1ons o1utin Policy Resolutions Reo1utior 10(a) Policy

Se.ct,1Q —

,

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3

3 *

44

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4 5 S

*

5

6 6

66

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6. 6.

?dministratjveResolutions Pa1utin 10(b) Administrative

6 6

Special Reso1utjcn 10(c) Special Resolutions 10(d) Central Resolutions

7. 7.

Ceneal es)tjvn

!.RTrCLE TV BOARD OFOF t!RcrcR !.RTrct.E TV BOARD

7..

0

,

Sect. I1 — Number and - Number and Qualification Qualification Sect. Pojers and Sect. 22 -—Powers and Duties Duties Sect. Specialrowero Sect. 33 -—Special Foweroand andDuties Duties Scot. Sect, 4 — - Management Management ccrnpny rTipry Sect.S5— - Electjn Sect, Election and andTermn term of Office Sect. Sect. 66 -—Books; Books; Swrsriry Sununary Sect. —- Vacana Sect. 7 7 Vacane3 Sect, Rerrioval of of Directoro Seat, 00 -—Rerroval Directors . nct. Rnct. 99 —- Organization OrganizationHecting ?ieoting Sect. 10 — Other Regular Sect.lO - Other RegularMeetings Meetings Sect.1l Sect.11——- special Special reetings ?eetings Seet.12 WaiverofofUotioe F;otioe Sot.12 - Wiyr tect.13 ect.l3 - -Quorum Quorum and and AzoUtnnent Adjournment. Sect. sectl414-—Action ActiontWithout Without Heating Meeting 5ect.15 IeCt.15 — - FiCellty Bonds ]e11ty On9 Sect.16 Cotrjnittees Sect.16—- Cbtrnjttees

aa B *

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13

14 14 14

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An-rTCL. VV OFFICERS APTTCL.g OFFICERS

S ct. 3. siynatio 1 -— tesiynation Sect. 22 —- Election Election of of Offjcero Officere S Sect ct 33 - Removal Removal of of Officers Officers Sect. Sect.. 4 — - Compensation Sect. S5 — Fresi dent - Fre1dert

.

16 16

1 //

17 17 17 17 17 17 19 19 19 10

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CDLIC4T!D}45 ODLCITD5 OP CF CUERS CYI1ERS

ARTICLE ARTICLE VT VJ

Sert Sert.

'a

S Vice President S— - Vice

Sect. Sect. 77 -— Secretary Secretary treasurer Sect. Seor. 88 — - Freasurer 1

- )\sscsrncnts Trncnts

-

sect. sect, 22-

r-lalntet]arlce r-lzIlnteE]ance r.d Repair 1I.d Bepair

14 14 15 15 15 16 16



ec t,

88 13 13 13 13

,

18 29 19

20 20

20 20

46UL 1295 Rcc.450L -

Paae

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ARTICLE T1CLEVII VIIAIIENDNENTS TOTO BYLAWS ANENDr1ENTS DY-LAWS

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21

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21

ARTICLE flUNOTICES ARTICLE VU NCTICS

to Aeocjtfon

Sect. II. —- Notre Notire to Association Seat. . , . . 2 -— Notice Notice cof 'Jnptd Sect. 2 Sect. Unpa.4Assessments Asgemet

).RnCLE1X RTICLEIX M.EtNINC N$.NINS OF TFRflS CF TERMS ARtICtC x AR1ICI.0 X

.

.

fl 2 .

.

.

CONFLICTING CONFLICTING PROVISIONS OVSlOfl5

.

.

22 22

.

Ah?rICLEXIIbT,EMNIFICXTIQN OF rnnEcroRs AD AkrICL.EXIIDEMIFICAIoN OF XYIRECTORS ANDCPFICERS OFFICERS

.

sect 11 —-

E'ecutin Eecution oo Documents Dctimet Inspection by-L.aws and Inspection oof by—Laws Other Other Foufldr. FoundSr. Documents DDcUment Sect. Sect. 33 -— EiocI. F1OCUYe Year . Sect Sct.- 44 -—1enber5hip lewbership Sect. Sect. SS —- Bor Board of oi tircctors ircctor2 . . Sect. Sect. 22 --

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XIII XXII

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ARTICLE XIX MtSCLLANEOUS HtSC2LLAREOUS 1RTICLE XIX

22

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23

23 23 24

24 24

IDTCE NDTCEAND ND HEARING FEPRINC PROCEDURE

Sect.-1I.—- Suspension Sect of Privi1ege Privileges Suspen5ion oi SeCt.? SeCt. 22

- Wdttei WrittenCcnp1aint Ccnpiaint Sec3 Sect: 3 -—Discovery Discovery .

St4- Appea1 Scct5

.

.

Sects 6-Hear-n9 Sects &Hearn;

7.-,-

.

.

.

.

24

.

25 25

.

oar . se=tz4;_ Appeals Qar 4cticeof o Hearing eariTg SçstS .Notice

Sect;t7._ Deciicn Sect7.- Deciicn

.

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26 27

27 27

:45O 245g6 1Zk c12

BY-LAWS BY- LMS —

—. C or.

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ATCI,flC. flC.

HARBOUR LIPROURISLA1W ISLJlW COMJItIt4ITY COMj1UUTY EEVCES EEL-./CESASSC2ATICN, ASSC

ARTICLE ?RTICLE II

CENERAL 2UTRODUCTIC CENERALI 1ThCDUCTICJ Section . .. Section

Nate. Nare.

HARBOUR theCoz-peration Corporationisis The The nare nam, ofofthe I-LARBDIJR

ISLAND SERV1CS ASCIAT1o, ASOCIAT1ON,INC., INC..hereinafter hereinafter referred referred ISLAND COtNUNITY COUNITY SERV1C

o ar the lAsciatilr.

theprincipal principi office o ar the Association'. Until office of of Urtilchan9ed, haned, the the Association shall shalt be be .ocated located in in th AEsociation

i1lsbcrou;h Hillsorou;h

County, Florida.

Section Thc Thc pzovina provisQnofofthese these y-Lsw Sy—Lw lica.2i1ity. StctiQn 2.2. Ap1icAbi1ity. Property of of the the development dve1opnent known are applicable applicable tc to the the Existing Exi3ting Property known as Harbour Harbour island, island, aag th the Existir Existiha Property Property no.i noj exBts existsand and e it it -i1lsboroughCour.ty. County, ay be be expanded expanded in in the the futtre, nay futt.re, located .00ated in nHillsborough Flt,rida. .lrjda.

Section 3. Sotion 3.

EUect. Effect.

All Mi

preEerlt and and future future Merbers, 1ebers, an3, present

--ie-s where and their where applicable, applicable, all all C-11ersF arid their tenants, ter..nto, future future tenants, tenants,

9uests and inviteec invitees that might use use the the facilitieG facilities of of the the Existing txisting uets and that might

Prppery Is1an In in any manner, are are uujeot ubjeot to to the the Property on on Harbour Harbour Island any mariners ro9ulations in these these ?y—Lawg, the hrticles hrticleBof ofInoorpoInOOoreulation set set forth forth in y-La9, the ration rnd slaRd DeclaratIon Condi— nd in in the theHarbour HarbourI 1olard Declaatcn of of Covenants Co'enant,• Codi-

tton. tiOn. and and Restrictions R.etri:tiono (the (the 'Dec)ration'). 'DecaratiOri'). to to be be recorded recordcd in the rublic Public Records County, Florida. Florida. the Rccords of of Hi.llsborough Hillaborough County,

ruit,ion Or or acqtrntion

Parcel Cr cr the the Parcei leaoe to any any Parcel Parcel on on Harbour flarbourIsland, 1.ind, that thatiis subject to suhect to ground lease / the ueclaration, or or the the Declaration, theoccupancy oeupacy of or Parcel of uny Unit or Parcel uHyouch such Unit rhell ncon shall momthat thattho the proviio5 provisionsofof the thes Sy-Las, O y-Las, the AtticeS rtjce Of The h

rental of rental of any any Unit or Unit or

and the the Declaration Declaration are ore accepted, accepted,ratified ratifiedarid and !ncorpOration !ncorporation and he observed, observed,, to to te theextent exttrit ?P1 icable. ?piicab.1e.

will 'il1

Term5 erme used used herein herein shal hal have have the the meanings meanin9sasc:jbed uscbd to to theni then "-,

the r'ecoritn, the Decar,t,n,

6@6j 127

W:46@6

ARTICLE ARTICLE U

VOTING VøTNc RWHIS PL2)oRIrY. QUCRUN, QUJRUM, FRoxiss PROXIES RIGHIS. MAJORITY,

section Section

1. 1,

Voting Pjghts. Voting Piq. TheThe .'ssociation !ssoCiaticn shall shall have have three three

classes of Voting Members and weighted voting,as as provided provided in in c19hted voting.

(3) classes of Vcti?g iemheze and (3) th the

Declaration r-laration and and Articlee. Articles.

-

-

Section Section 2... jority of Qucrum. Quorum. Unless 2... ajorityof Unlecs aa higher higher percentage percentage .n these thcse ny—Laws is required required e.cpressly expressly in or ir in the y-t.aws or the Declaration Declaration or rcicics,. any ,cciclcs. any action aciunvhicl-i which it by Voting Voting is required required to be taken by

tembers of the temer of Association may maybe be so so taken by aa vote vote of of aa the /ssociation taken by ity off ity tiou, tion,

majororof the of Vot1n a quorum quorum of the votes votes of eirbe cff the the Mzoci— MociaVotin3 Ileznben

and for puroses purpooes and for

Articles,

the Declaration hereof hereof and and and cf of the Dec1aratjo and

the ten telTi'majority majority Votingtlerrbers" Methzs' or the ofof Voting or reference to reference to

some percentage of o somespecific speciflc percentage

Votir.g Members ember Vctir.g shal]. shall mean mean aa niaiority specificpercentage percertageof ofthe the votes Voting or specific votes of of Voting Members flat of Members and and bat of the Voting Voting Member iember themselves. themselves, the

section Section 3. 3. Qucrurn. xcept as a otherwise o1e prvjded in intheac Quorum. Except prcvide these y-Law, tL'ie precei:ce in in ereon Ey—Law, tLie presecce ez-on or or by of at at least by pro,cy proxy of least one—third one-third votesc 'Sm'ha of Voting of th, of the the tot4l votes Vtn Membership 1enbership of theAssociation Aociation shall constitute a guorumofofthe the VotingMembership. shall constitute a quorum Voting Membership. Such Voting Such Voting Mornber Merrbers present a duly calledororheld cafled heldfleeting oceting at present tata duly at which which a quorum thereof isispresent may quorum thereof present nayContinje continue acomplish the the bsines bire to to accortpljsh of the th meeting meeting until untiladjourrurent adournsrent.notwithstanding notwithstandingthe thewithdrawal withdowal of du irg the themeeting mcetii- ofofenough enough Voting Voting Members duir.g ernbers to leave less than to leave than such ch Quorum. quorum. In In the theevent, event,however, however, the required quorum quorum iis never the required never resent, the rueetnrj may nay be c rescheduled rresent, tlienieetlng rescheduled subject tubject to the the notice nt1oe urernents set forth ouirernents forth Lerein. Lerein.

Sectio Sectioi 4. 4. ?ro,,ies. ?rcies.

/ /

Votes Votes of of Votin9 VotingMembers Mnber nay be caSt cast in ifl play be

orby by proxy. proxy Proxies ;rson or Irnxiesmust nuct

be be in in writri9 writirg and and fiIeJ fiIe

with

Secretary st thee Secretary at least least twenty_i;ur (24)hoirs hours before tenty-fur (24) before the tfle appointappoint— tTe of tach meetn.g. c tume of each meeting. Every but Everyproxy proxysL._1 aL_i be be revocabe, revocabe, but

L:.I1 c-1l cContinue tinue

s valid v.i1iduubl ul so so Oeced revoked or or unt:1 urit:l it it terrnnates teriinatcs

as

4606 kcc.4SO6%13 to to

one poe other other than than a designee of Developer ve1oper shall £hall hold more more then than

live five (5) (5) proxiee. proxi&i,

ARTICLE III ru -

ADMINISTRATION

Section SeCtion

1. I.

Aociation Reporisibi1ities. Association Retponsibilities.

The Association

C,a]d ?ropr— all.have havethe thernponsibility rSpcnsibilityofofadminiatering adrniniteringthe theCor.n,on Conon Proper-

approving the collecting approving the annual annual budget, budget, estab1jhin establithing arid nd collecting

ties,

s..ssrncnts enforcir.; ei-ifcrcir.g applicable regulatioa and al s.czsmonts. a).: applicable rules rules and regulations and prEorming all all other ofofthethe Association and other obligations obligatic1-ia Abooiation hcretndr hcreundr arid performing

under under the the Declaration, Declaration,including, inciuding, bit it not nOt limited limited to, to, should Bhould the the Association determine arranging or or Association determine to to hire hirea aManagertent Management Corpariy, Conpay, arranging the to an an agreement agreerent the management mariagemet of of the the corton Common Properties Properties pursuant purunt to ocntaining provisions the duties, duties, obligations. containing provisions relating relating to to the obligations, pensation of of the rerioval And ad ccipenation re,oval Company. The Manage— the Management Management Conpany. The Managenicnt'Ccmpany ment Company nay ray be be an an affiliate affiliate of of the the Developer. Developer,

Section Section 2.

Place of Meetince Voting Merrbera. Members. Meetji-g of of Voting

Moeting Meetings

of the 'LJIC Voting held in Tampa, Florida, Florida, or or such such Voting Mew.bers Merrbers shall be held n Thmpa,

other suitable place ae as close thereto thereto as as practicable practicable in in -!illHills— a ay be designated by the borough County borough County as ray the ?oard ?oard of of Directors. Dircctors.

Sectiofl Sectioi 3.

Annual Meeting of Votirg Vctirg Members. Miflers

The Th

first first

anninl zinni.uil meeting meetingof of Voting Voting Members Members hal1 shallbebeheld heldc-c th th date date and at and at

the the

plare nd the place and time by the the Board Board of of Directors, Directors, th time determined determncd by

however, thaL provided.. however, thct..sdid said meetingrhafl chall be be he heldwithin within sixty provided, meeting sixty day5 after there is duly ejected (60) days Menber. elected a Class Clss AA Voting Voting Memrer.

Thftr, thetheannual n'.eeting Thercafttr. annual iteetjnçs the Voting votjn Nlmher ofof the N1trher

be ehail h1l be

dst andAtatthe held on the an the date, thetirte timO determined deterrTurledby bythe the Board Board of to time, from tine Directors from time, provided provjded that Directors time to that there shall shall be be an an

rneetng every every ralendar 'talendar year year meetjn

and thirteen and no no later later than thirteen

(13) l3) months months after after the the last lastpreceding precding

ar.niial meeting, fleeting, if annual if possibiL. poiblt.

ar;:.al ar;:..al

)\t tt

each annuai annuai meeting meeting there thereshall shall bs be etectd etd by by baflot ballot of the of the

Vtin 1embers oard of Votiii; Members a a Beard of Directors, Directors, In the in accordance accordance with the e:iH run ronents ertsof ofti,ese Jece

I 1 0:1,1

ty-iaus,as At Uy— 1 nec ti ng, AL tie tiefirst Ii rstannJ annu.l nCti ng, the the —1—

t. I

:46O

r

129

dir'ctors dirctors

shall e1eted to se-v shall be elected to serve until the second until th second annuat annai neeting, oeeting, and at at the the second second annual annual meeting, meeting, directors directors shall shall be be elected for elected for aa term term of of one one (1) (1) year yaar

c5!r.?i:e g!i-g with -ih tt.c t:cod director resigns before before the the expiration expiration director resigns

ar-iual arL-iUalmeeting. meeting.Unless Ualos

._ee!_.

of his term term of of office, office eaci irectr his office until irectoi-shall shall hold hold hL office until his succeeso. Luccessor has las been been elected eleeted and andhas hastaken ten office. office. The The term oof

of any director elected to fill a vacancy creited by the rsiriation predecescor :haU. :hal. be rcsqnationof of hir hi predecezso at the be the the balance taiance o tJe unun-

office o(fce of any director elected to fill a vacancy created by the

served term of his served tetm Of his predec.csor prec!ececcr. The Voting Voting Members Merthers may may also the also transact tansact such suchot1-n other business business cfT the Association Asocjatjor,. as of the as oay ay properly properly coire cor.e before before the the meeting. meeting.

parcel P.rcel may may Ut.. dr.ignate ignate •

each each First Mortgagee of First Mortgagee of

a Unit Unit Cr or

representative to to attend attend all all

aa r.onvoting nonvoting representative

aru-ual ieetings annual ieetings of of the the Voting Voting Merterg. Menberg.

Section 4. Soecial Section 4. SOecIal eetngs eetincs of of Voting Voting Ner±e. rbe. Special Special eetinga of Vctir.g Mrr,bor meetings of the the Voting Mem5ers may nay Sc be called cAlled at at any s ny time by a rajorjty of a quorum tajority quorum of of the

oar of of Directors, the oard ireetcra, or orupon upon a a



tio signed tip'-, signed

by

VotIng Voting

petj-

Me!ther holdjn Me!thers holding at at least leastone—third one-thjrd

(33-2//) of (33—2/a'/.) of the Voting Members, provided of th the voting voting power power of pzovided the Board pard ag;ees. The notice notice of any special meeting shall state the

tine and s.ich meeting tire and place place of of sUch meetingand andthe the purpose purpcc thereof. Ho thereof. ho busness shall business shall hB, trcjnsacted transacted atat aa special pécia1 meeting except as meeting except e in the Each Each First First Mortgagee Mortae of a Unit tJni or or Parcel Farcel nay niaydesignate designate anonvoting nonvoting representtjve attendall all special presenttjve totoattend cpecial stated stated in the notice, notice,

a

a

meetings of the Voting Voting Ilernberg. Ilembers. of the meetings

Section S. S. NOtict Section Notice of of 1eetngs ettinqsaL of Voting Votinq Merrbers. Members. it Jt ha:iL be be the the Se:re the duty duty of of the Secretary nailaanotice tary tototail nOticeofofeach each annual annual or or special ueetrig VotIng Members specaal meeting of cs stating o Voting stating the the purpose purpose thereof au as .e1i

te day, day. s the

\'otno 'or

itit i-is

hour hour and and place placewhere 'here

to be held, to held, to each each

Metber 1enber and and to to each each First Firgt Mortgagee Mortgageeof of aa Unit Unit or or Farce]. Parcel

hic}i hasLfled fi1ed a ritten hch hs rittenrequest request a

Soc.arv at at east seceary eastten te pz-ior to to prior

such tneetng. such neebrig.

such notice such nOtice with with the the (10) lO), bttnot ncr.mar, more than tjian ixty ixty (60), (60), cayc cayc The notice flOtce may eay set the set (ortI rcrth time time li,iits 1nits for for for for

pedkc-Lss aarid rid ncmi flat: Ii; procedures ncninot;i peakcpreicediires for for tthe he noeting. eet ing. of

The Thr fl ia1ing eal irg

notice,postage poste prepaid, a notice, prepaid. inin the tiemanner rraJncr provided provided inin this this d

16O6 1300 16O613O Section. Section,

ha1l be r-hall be considered considered notice notice served. served.

no addr-es If no address has has been furni-icj the S retary1 notice been furnished the Secretary, noticeEl-lell Eht1l be be ddeemed have been nod tD to have been Mern.ber11 if de1ivr given to a Voting Member deuivere hi Unit his Unit or Parcel Parcel arid and ted in 2tcted i C conr±t!ou9 :OVcu9 place placecnonthe the COmJOn Conv.on Proerties. Proertieg. At .it the diEcretjon diccticri ofofthetheBoard, Voting?lembers 1ember may Board,meetings meetings ofofVoting may bba Open opem to all to alL Memer Members(who (who shall, shall, however however not not be be reeogfljzed r oriizec or or entitled entitled to vOte). vote).

Section ctic 6. 6.

ir

Adjo'rned Adjourned ?ltctings. MtZ3.

If any meeting If any meeting of Voting Members Members carnic cannct be organized organized becauo because aaquorum quorum has has not riot attended, attnded the Uotin; Membcrs the Voting Memberswho whoare arepreer preet, either in person either in or by by pro,cy, pro,cy1 person or may adjourn the ineetin to aa time may adjourn the meeting to time not not leEs 1es than than five five (5) (5) days days, ricr-more morethan thanthirty thirty (SO) nor (30) day1 days, frox from the the time time the the original originalmeetmeet—

ing was -as called. ing called. Such meetings rriay Suchadiourned adjourned FlleetingE beheld held only only upon a may be upon a new new notice thereof thereof as a provided in in this provided this Article, Article1 except except that that riotice notice shall be given given by shall be armouncent at by anbouncement at the meeting at atwhich which the meeting such Luch adjoarnrnerit adjoarnrtient is taken. taken.

If a a mecUrig meeting iis djourn,d adjnurr.ed for icr more more thirty (3C) (3 days, notice than thirty notice of of th the adjourned be adjourned meeting meeting shall shall be given aas jr given in the the case case of of an an original meeting. rteeting. Section 7. Section 7. Order OrderofofBusiness. usjnesn. The The order of bueine buinets at all all meetingg the Voting meetings of the VotingMembers Members sha1j hal1 (unless (unle caived} be be as waived) as follows: follcw: (a) roll rollcall calltoto (a) determine determinethe the vctin9 voting po'er power represented reprecented at at the the meeting, rtiecting, (b) proof of of notice flOtjcC or r waiver Waiver of rotire; of notice; c) reading tc) reading of of minutes minutes of of preceding preceding meeting; meeting;

(4) reports of (4) repozts of reports of corroitteec; reports of comidtteec; (f) U) cject election of directors; unrijru (5) (g) unfjnj-j business; business; arid and (h) h) new new busir.ess. busjr,es. Meetin;s rlcetin;s of of Voting Members shall Voting Members shall be be corithicted conductedby bythe theofficers officers of of the the Asoci— Asociation atm, inn order order of of their theirprioz-Sty, prioz-ty /

officers; (e) officers; e)

Section S..

ActionWithout WithoutMeeting. Meet. ny tion nyection acton which under under the provisions p:oviions of Flora J'aJmay of F1ora may be be taken at at aameeting meeting of the Voting Merr.bers1 Members • ray Voting ay be betaker-i taken %'ithOut without a rnetirig authorized in rietiiig ififauthorized by the writing by therequisite reuistepercentage writing peree1-itge of of votes vctez ci of all all Votin9 Jotjg !ierrbers s who Member would be -o would be etitJed to vote vote t a titled to t meeting riietin of of Voting Voting -5—

r 6O6%j3nj C/'

6oj

Members Men.berc

for for

eUeh pue, and uc} purpose, and if if thereafter thereafter filed filed with with the

S ecret ary. Secretary.

Scctior. 9. cct3r. 9.

inutes Pr unpton oZ MinUtes, Prnumpton cC i;otice. otiee.

H1r04te5 or aa Hirtos cr irrjlar siwilar record prooeeaings cardofofthethe pocings of of meetings of ofVoting VotingMembers eIberE when when signed by signed by the the President president or or Secretary, Secretary, shall be be preu.me preue to tIuthfuLy to truthfuny

evidence evidence the matters matters set set forth forth therc.n. there2n. A recitarecita— n the tici In the minutes of any any such ticn such meeting 1eeting that notice of the notice of the meetwa was properly givenshall s)nll be be prima tacit evidence prcpey given riri fade evidence that that ouch such

in ins

rotice riQtice was was given, 9iven.

ecton 10, $eoUon 10.

Regôutjo5:

of Resolutions of esolutiorie shall be created ihaal be created by Board1 whicl the Board, by the shall be be an anorderly orderly arid and in— which sh11 dexed record ofoftJse deed record Rules and tie Rules nd Regulations Regulations of of the the Association Association and an of the of the reoIutio-s nzolutions that that are are adopted by adopted by the Board, the the ArchiArchitectural tectural Review Cornr!ttee andand th theAppeals Review Corruuittee Appeals card. oard. The eook Bock of of Resolutlono Rsoluti1on shall hall he e Conipooed rpcoe of faur (4) (4) main of four einsections; action one fo fot PolIcy ReaoluticnB. Dfl Folcy Resolutions, one (Qr AditinjetraIv, Rcsclutjon (r Adinj&trat±ve Rcoolution,, one o-ie for Special Speci&l Reooluticnb, Recolutions,arid andar.e one fr forceneral eneralResalutjon Resolutjon,such ueh Reso— Reu-

3ook of Regolutjons Book

A EOCk Book

is-i-

utions to lutions to be be arranged arranged in in each each section section in in order order of their adoption, adoption. Following the la5t section Following the last section oof the the Book of Resolutions there Besc1utj there shall shall

appear

on aiphbetical inde,ç an alphabetical index nd nd an an index inde,c to to topics. topics. These These Reolutis shall Resolutjois shell be c,1asjfjed classified as as follows; follcw

A. A,

'Policy "Folicy

clutj0n" shall Resolutions" shall mean mean arid and refer refer to to

resclutior, adopted resolutions adopted by by th the Board BQard of Directors of Directoro

which -hicth speciiically epeifically

relate relate to to the the lonyteryn lcyterm governance governance of of the theAhsociatjo,j, A6sociatio, ir.luding i.judjng but not cessr3y iTmit hut not iecessar5ly imit, tn; tn; actions sttiori affectinu Ownors affectt-iu Owoars' rights, aticn affecting rights, actions Ownr1s affecting Owrsob11ga:icrs, ob1lgic, and and prctetion of tho equity proteztion equity of of the of the Assocjatjc,t Assocjat.jc and arid Owners. Qriers. All RsoUtiøn sha1 Policy Resolutions shall be rtccrded rccrded in Part One of the the Book of One of Bock of Peso 2utions of souLio-is of the the As aocatjon soc a Li on and attached to tie Minutes arid attached to th Mnuts of of the tile

prurerty prunerty

,teetnn i-eetxatt which theyware were adopted. wch th.y adopted. 8. 8.

o those tI:cr.

'dJHistatjye /kdJjflistatj.,.e ReSOUt Resoutjons ahal shall

and refer nd refer Drctor off Dj rctors which which deal deal

rIs

r'oitjons adopted adcte by by the the Board rrcottjtjon5 card

mean mean

.:46O6 606 '13O2 13 IW F,

with with the aid structure cpereticiri and the irterri intenal opretion structure of of the the Association, Associatiot, iie1tsdjn but not not limited ijeilted to, icludiny but to,contracts, contracta financial financial procedures, procedu:res,

trrns of terms of reference, raferer)CC, etc. etc. All Administrative All A3j-ijstrtjve ResoluRecutioris tions shall be be duly dulyrecOrded recorded in of the in Part ?a Two Dwc, of the Book of ResoluBook of Resoluand attached tions and of the attached to to the the Minutes Minutes of the meetng meetng at at Which whici they they commjtte committee

were were adopted. adopted. C. -

tirectors irectors

'peial Reolutjonstt "Special Resolutions" hal1 ha1l include; -nclude;

-

(l Those retolutions (1) These reao1.itjns adopted adopted by by the of ti-ic floard Zaard of irivolvthg actjon involving actions relative rcl&tjv, to to questions question of ofcorncom-

pllance by n Ovner Owner with the pliance by an provitions of the Peclaration. Peclaration, the previcior of the

the FounCing FOuning I)ocuertg, the Docuentg, or- the nook Eook of of Pesolutions; Pesolutions;

(2)

those Tho reQlutjon policies and ad resolution., regulations, regulat1on, policies

procedures adopted he Arhitectura1 procedures adopted by by the Architectural Review Committee In in eview Committee the course course of of corplying complying with the with their their dutieo duties

under the under the

Dccl aration; Declaration; Those Eindinçs (indjng and and recolruendatjonn (3) Those coru7endatjor. adopted by the Jppeals ar in the Appea BoarC in the the course cous of of hearing appeals £ro

hearing appeals from

Owriero. Owners.

pec1al Resolutions eso1uti0 shall Special shall be be duly duly recorded recorded in in Part Part Three of the the Eook EOQk of of RC9O1utors Re8olutons tnd attached end ettached to the M1nute Minutes of the the meeting of meeting at atwhich which the the were were adopted. adopted. 0 D.

'General egoautionslJ 'General eolutjofl51J Ehall shall ran ran arid and refer refer- to to

those thote

tesolution adopted resolutions adopted by by the th Board Board of of Directors Directors which which relate to specific relate to speciflcexpCfldjtures, expenditures, sjncl sjnce task task actions, actiTonz, and and

other Luch cthersuch gnerl generalmatttra matttrs of of the hicl have the noard Board which have noocon— contthuirg, far-raching. tinidng, far-raohir,g, 3r or precederit-oetjng precedent-setting implications. impl.icatjns.

in ?art

ceneral Resolutions Resc'jtjons shall shal be Central be recorded reeored in Part Fcr Fourof of te

Book Book cf of

Resolutioris Resolutions and attached and attached meeting at which they th&y meeting were adopted. were

to the t. the MinuteB MiruteB

tie of of the the

is vested oard of irector5 is Board of Nrectors responib1e for, for0 the the folfolvested with, with, and reporsible and duties: dute loWifl9 powers pcer and lowing

Ca) (a)

Tc scicct, po±ntefd ad re,ove Tcsclcst,ppo±rt sove

'

gent. efficer. 9entR officern

of the to prescribe and eplcyees r.d the Association, Assoeiaticn, to such powers prescribe such powers and and eployees of

for them them as asmay may duties for duties

be eor.sitent tor.sistent with law, bQ with the the Artic)es Artice5 law, with

their

the Declaration )eclaratiofloror these By—Eaws, to Incorporation, the these Bv-E.aws to fix their of incorporation, coipensaticni, if compensation, if any, any, and and to to require require that they be be bonded bonded when ben Board. deemed advisable by deed advisable by the the Board.

,4i) business usiness

drag and conduct, manage Conduct, -4 control the affairs arid cntrc1 the affairs and

To io

of the Association, ABociatioJ), and tto make make and end enforce enforce 6uc} such Rules Rulee

and gtdations therefor therefor consistert consistert with with law, law, with with the and flegtdations the Articlea Articles of lucorporation, the Declaration Declaration and and these these ny-!,.aws, By—!aws, as as the the Board Board lcoporation,1 the say rray

deen necesaary deem nsessary or

advisable. advisable.

the princIpal for the (C) 7o fo change change the principal offIce ofLcc for the transaction tranacticn (C) •.oftheb'n,egs the theAssociation; Association; to fthe buz5.nesof of any place to designate place for for designate any --

-

eholding of the.Joldng of any any annual annual or Cr speciai special meeting meetingor orroectings meetings of of

consistentwith Jiththe th! provisions Voting Members Meaber5 ccnsitent and to provisions hereof hereof; and Voting usea acorporate corporateseal seal and andtotoalter alter the of such eich seal seal adopt and and uc the form fcrm of adopt

Urne. asas the the noard floard, in in its its sole 601e judgment. judg-ment. my y dee,n den best, that such shall best, provided provided that such seal seal shafl t all with the the ll tirne tinies comply comply with frorn tme from troe

t

to time, to

provisions Cfla'.. law. provisions cf

nd

To to incur o borrow money and to incur indebtedness indebtedness for for the the

(d) N)

th Association, sociatiop, and the ari4 to to cause cause to to be be executed executed and and

cC purpces cf purposes

theAssuciation's AssDciation!s rrne, delivered thereCor.ininthe dlivercd thereor, narne promissory promissory notes, notes,

pled9cs, hypothecations

other evidences cC

or other evidences cC debt no:tgges, pled9cs, hypothecations or debt and and rio:tgoges, no action action authorized ecurity t-refor, athorired hereunder ha1l hreunder shall cecurity t,rfor, prcvdd prcvded no be without be t}cen t}cen without

the the prlcr priorWttEifl writtenCCn5eit coflset of o the theteveIoper teveloper as as

long long ass the the Elevelcper any Ur.ite Ur.it.e or or Parcels Parcels or any ono any any other other land Developer owns land

on Ofl the the

:sd. (C) )

TTo

ix and andlevy levy from frOhi

fix

trre time

to time Cc_'on PssezzAssesstine Cc,ion

A5snijlts

ments. Special Special Assessmentg, sse.smentg, nd nd Reccnstructon Reccnstructic,nAssessn'ejits upon ments. upon —9— -5-

?4t 13U3 303 ,1r.

c.

The The board hoardof of Directors Directors of of the the ?ssocjatjon, withinsixty sixtyC6D) (60) ssocIatjcn, within

theinitial initial board board is s forrd, days aftr the have a meeting ha1l have meetirg to formed, shall days after

detexcnie detx.cine tht type ofofBoard board Resolutions, RGo1utions, Corr.-nitte the types Comaiittee Resolutions Resolutioms

and manner nnner oforrccordir recordin; the the name shall pass arne and aM Ehall pace aa Policy Policy Reablu.esolutiori sett±n settmn forth forththe the r!sponsihjljtjes responsibjljtj for tion for the inairitainirig of maintaining of the the Book nook of of Resolutions, Resolutions, the the penalt penalties for for violation vjolatic,nof of the tho cortained in provisions contained in the the sock BookofofResolutions Resolutionsarid and the the siethod method of of adoption of Adoption of the the Resolutions. flesolutions. ARTICLE ARTrCLE JV iv ?OAR OAPDOF OFDIRtCTORS DIRECTORS

Section 1. Number Number and and Oualifjcatjon. The property, ualifjcation. 'The roperty businese and affairs of of the ness theAssotiation Association shall shall be governed governed and nd anagca amac by a Board Board of ofOirectors Circttors composed composed of of at at least five (5) (5) persons, persons, least five eaoh each of hot roust either bebe ananOwner or Thorit roust either Owner a Unit designe of a of of a Unit or or a adesignee Parcel Lessee Lessee or or a desi9nee Parcel ds±gnee ofofthe theDevelopar, Developer. The The Board Board of irectors Dircctora rsay increase, by resolution, the authori2ed nurnbe may increase, by resolution, hunber of of members mebrg of the Board. Directors tirertors shall shall n..' n.: receive receive any any Btatèd statè

salary fortheir theirservices srvceg a& dir salary fo dirtr, Frovided, that provided,hoe\rar,. however,, that (1) (I) nothing herein herein contained shall be be cor.strted construed to preclude precludeany ny director from from serving serving the the Association Association in in some aome other other capacfly capeey nd iid receiving coripensationthereqz-, therefr, and receiving copensation and (2) (2) any any director' director rray be .ay be reimbursed reiznburaedfor forhis hisactual actualexpenses expenee incurred ineurred in in the performance performance of of his duties. duties. hs

Setjon Section 2. Powers and Duties, Duties. the The Board board of of Directors Diretorg has the powers aridduties dutiesnecessary necessary for for the the adminjetratjon the poiers and a&Iinictraticn of the affairs aod may affairs of ofthe theAssociation tsociation and may take take all ll such such ac acsndnddodosuch si.ich things at a-e not things by law, th Dccl atjon, the not by law, th, Dec1artion the Articles 7rticicg or by y-taws required rquired to to be tiee By-Laws beexercised exercised and done dor-ie exclusively exchsiveJy by

r,

the th Votin; Votin M2rnbers. M2mbers.

$tcton 3.. Suction

eciaiFoers Eorsand andDuties, Duties, Without eciai Withoutprejudice prejudice to the foregoing general general poers and the foregoing and duties dutj arid end suck, powers and suci. powers and as are dutcs as ae set 5et forth forth in the in the Declaration Dec1ratj and and the the rtjc)es, rtices, the —a—

Owners, as the Owners, as provided ii; the the Declaration; to fix fix arid and levy from Ii the eclaratiw,; to !rm time time to time in any fisc to time year Capital Assessments Capitallniprcveirtent Improvement Assessments

in any fiscai year

t

applicable to applicable to that year only only for ror capital capital Ccirjnon CCt'JOOri

opert:ia; toto ?ropeaits;

eterine terni r-j rid

payment cf of such such Asess,iients, Asseasren, and payment and the the

i:

t

rnrovemen Trnprovements to the the to

due dete due date for for _._

date upon upon which which the th same aaJre shallbecom, beeone delinquent; delinquent;provided, provided,however, however that 6uch shall such Assessments ASeEieI,tG shall be fixed fixed and arid levied levied only only to to provide provide for for the the paywent ehal! be payoerit of of the the

expenses of the Association Association and and for expenses of the and governmental fortaxes taxes and overrunenta1.as— asre1. or or personal sessmnentsupon upon inal gesments cwned, leased. personal property property owned, leased, controlcontrolor occ-upied led or occupied yy the the Association, Associations or led or for forthe thepayment payment of of cxax-

labrrendered ?IsS forforlabnr reuderedor ornaterjals nateri],sor orsupplies suppliesused used rid consumed,or or equipent equipmentand andappliances appliances furnished furnishedfor forthe themainte— inaintenahce, improvenent or development ofofsuch nace, improvenient or development suchproperty property or or fo Lot the th cons urried,

payment tiori iriinrelation paymentofofany anyand andall allobli ObliationQ relationthereto, thereto, or or in in

performing be performed perfo-rned any performingor or cauir.g causing to to be any of of the the purposes purposesof of the the Accatior- for general benefit benefitand ed welfare welfare of Ascc±ation for the the generAl ofits itMembers, Members, all in all ordance with ir accordance with the the provisions of the proviscn of the Declaration. ec1araticn. - The Board of of Directors Directors is is hereby hereby authorized authcrize to incur any to incur any and all such -

expendittleS expenditures for for any any of of the the foregoir.g foregoing purposes and to or purposes arid to provide, provide, or

cause to to be provided, adequate adeqte reserves cause be provided, reserves for for rep replacementa as it it cerrent as

to be be necersary nececsaz-yororadvi.able, advisable,ifif ny, in in the the interest interest the Association Assuciatio or of the or for the the welfare welfare of oC its it Merbers. Mer.bezs. The 'the funds funds coflected collected by by the the Soard board of Directors frcnn from the theOwners, Owners, attributable attributable chall thafl deem

ai-iy,

replacernert reserves to repl&certrnr.t reservea for for maintenance maintenarice recurring recurring less lees frequently frequently than than annually, and for annually, and cz capital to the capital 1gtprovesreoiept lmprcverr.emerits to theCommon Cornsor ->roperties, shall shall at all times !roperties at a1 in trust trust for times be be held held in for the the O'ners Owners

Ccrriingled with shall not be corc'tingled collected from vith other other Assessments A e5srrients collected fron tho Owners the Owners.- D sburserne:its fron from ucb Disburseeeiits di trust trust reserve rererve funds funds shall shall be be oni only in accordance ccordce with y in with the the provie:on of tU provis:cn of tli Dec1ratior.. DeCltratior.. Ørrrnofl As,eSsentz Such $uch Oomon AeeSsnej-te, Reconstruction Assessments, Acessnents Specia Speria Assessments Ajsessment and anciCapitJ Capitcil 1tpz-oet Assessments lmprovecnt shallhee fixed fixed in ssessnents shall in accarnce ccarnce with th the the provisions proviion of of titiLe Declaration. Decaaton. Should Should any any 1i1 to pay /55e3riem1tS :ner fail to paysuch, 5ses5mens before delinquency, before delinuncy, the the Board Board and a-d shall not be

.-rier

i:cts inn itsitndicretciL o hi:ectors d cret:oii isinauthorized authorized to to enorce enforce the the o

dyTTlCflt o.f Fdyrnent o such icm dCllnqitCflt Asseosrents ass delinquent Assessnents

fovded :nn the rovded the Declara— Deciar-

t:onno onthin thing hernirt the erniri chafl chofl repnre reui the estab1sIinient estab of reserves Im't of serves -— 0(3—

—'-fl/u ao the the Developer Dve1oper in so long as is paying paying more more money norey to the the Ascciatjon Association for Ccnnon Assessrnnt Common Assessments than it would ou1d be paying by Virtue Virtue paying zoiely by of beieloper being an Ownerffi of Developer being n Owner, subject subject to to Assessments Asessrar.ts as as an ar Owner.

Zo1y

(1)

Artic1es Articles,

To enforce th the pr'Ynlc.n3 To enforce prijnsofoftht i'elrat1on, Liecla:at-on,the the

these these By-Law By—Lawt, applicable rules arid applicble rtiles and regulations regulations and

the agreements agreements of o the othe the Association. Association.

(g)

To To contract contract ar.d and pay for for f±re fire, cacusty casualty, errors and omissions, cnisicns, blanket raliciou mischief, blanket liability liability, malicious mischief vandalism, vandalsm. and and other insurnce other insurance, luring insuringthe the C1ner theAssociation, Ascjation the Cwner, the the ?oard ?oard of birectora Directors and and ot.icr interested parties, other interested parties in with the the in accordance accordance with provisions of provisions the Declaration, Declaratjo covering of the covering and and protecting against

protecting againct

gush cuch

darnages darrnges or or Injuries as the the board nuries as board deer,s deems advisable, advisable, which niay which niey inc1ijde without inclinle, without limitation1 limitation, nedjca. expenses of persons en the Cornrion c- the Corru,ionProperties Properties, and and to to bond the

radical expenses of parsons inu:ed inu:ed

agents agents and employees employees of of the Ascceiatio the Association or of any any eana9ent management body body, if deened deened advisable adviiable by the the $oard. oard. The The 2oard review, not oard shall revjew not. less

if

less frequently frequently than annually, allinsurance ineurancepolicieG annually, all and bonds policies ai-id bonds obtained obtained by by the the Board Board on on behalf behalf Of of the the Association Assoc1atje

(h)

To contract and pay 'To contract and pay for for maintenance, inaintenance landscipir.g, landscaping, utilites materials utilit,e3, and materialsand and supplies, 5Upplis, and servic servicesrelating relatin9totothth Ccrmon Propertjes Cojaon Properties, and and to employ personnel necessary erploy personnel necessary for for the the operation of of the operation Corrncn Properties the Corrcn Popertj and and th 3tjon, includjxthe Association, including leqal and and accountng accountng services legal zervices subjeot oubject to limitations limitatjn set forth in the in the Articleg Articles regarding clai,s agains regarding claims the Dve1oper) DCve1ope)1 and and to against the to contract Eo and andpay pay for for Improvements contrsct for to coon lnprovernane.e to Cc-u-nn Properties. In Propert.jes In case dmg by fire or case cC damage by fire or other other ca.ua.ty tothehe COrr.mo- Propercasualty to Common Properties, iflcranceproceeds ties, ififinsurance eyceed proceeds eyoeed Twenty-Five Twenty_Five Thousand houand Doflars Dolar or or the the cost cost of of repairing repairing or or reb Iding excc.eds .cceds availava1re5hlding able insurance inourance proceeds able proceeds by by °Ore tore than thafl Fayc FyeThousand oussnd Do1lars Dolars <s roo) then ($S.000), the Board of Direc tin the Board of rectors tora shall ohafl chtani chai firm firmbids bjd from from c.

Lwo

or Lore mco responsible reponjb0 Contractors or cCntrctOrs to rebulid ay ay portiurs prtiu- of to rebuild of

oe CommonPropcrtjes PrOprtjes fl iO acorda. Comrnon

;ireL

accordance itti with th the o:igiraL olans and olaond

specificato specifc1. Wi witiLirespect respect the re to theTeto, (I (

egoeits its pc,r percaccording deIeg:e accordJrg to to 1. I.

It To d

: 'bUb 1307 To (j) (j) To

grant grant easements easements w-ere where r4ecesary riecesary for for utilities, utilities,

and other over the other services services over th faci1itie z-Jer -..er facilitieg

Corruson Properties. Cormnon Properties,

tinr to to time, time, if fron tirr - from arid if to fix. To fix, d*terrnn determrie and fund1foundation foundatn or agency, fund, thepublic pubii agency, r advisable! necessary ad'isable the or necessary or

(k (k)

nonprofit corporation corporation nonprofit

or or association, assoc1atcn, which whichis isthen thenorantzed1 orgnizd, tto

which the asset5 assets of of this this Ascociation Ascociation shall shaU be be distributed distributed upon upon

of mooreccording to to the the Articlea Articles of liq-uidatior or or discolution. dissoluticn according liquidation be potion The gsets go go distributed distributed shall le asciation The assets potion of of the the Asaoeiation.

those after&atisfact.cn satisfactionofofall alljust justdebts debtsand andc'bliobli— rernainjiu after those reinainiJi

çatics o

gatic:s o the AsscCiatiri1 and the Association, andafter after distribution distribution of of

all

properproper-

acquired by the Association Association under ty by the under the the terms terms oof aa or acquired held or ty held specific or trusts. trusts tpecific trust or

such rules ru.e and (1) To as the the Board Board and regulations regulatcns as To adopt adopt such (1 deem necessary necesszy for off the may deem for the tho snageent anagernent the Common ConuDonPropertiefi, Proparties, and replacement replacement of and the operatioru maintenance, mainteiance repair repair and the orderly crdery operation,

hal1 become hich cules rules and and regulations regulations shall the Parcels nd and Units, Units, which tim ParceI bnding after (1) they are adopted by a majority of effective and brding card at a rmeeting cl1ed for the teeting called for that that purpose1 purpose, or or by by the the written written the Board

attached to to aa copy of of the the such nurnber nurber of of directorw directors attached consent of of such ssocition. and (2(2 they rules and regulations of rules of:the the Association, arid thsy are are posted posted

n coiisptcuoca p1oe placein in the the Corrjon Ccrr.mon ?roperties Properties and nd entered entered into into in a cousptcuous Such rules and regulatIons the Book of Resolutions, Suci regulations shall shall not not the Bock of Resolutions. adverseiy affect atfect the the rights, rights, privlleges privilegeso orpreferences preferenoe ally adverse.y eveioper, SuilderG asas estab— eveloper,Parcel ParcelLessees LesteesororParticipating Participating Builders etab-

niatrially niateri of

lished the Articles Articleg of of Incorporation of the the lished by by the the Declaration, rc1aratio.. the Incorporation of Associaton andand these By—Laws without the the prior /-.ssoci.aton thete By-Laws without prior written written approval approval without Such rules and concern, without Such rules and regulations regulations may may cOncern Doveloper. of Developer. Con.iOfl ?rOpertes lirnr-'ticn, use use of of the Coron parking restricrestrClim,t-'tjon, Properties: signs, signs, parking theprocedures proceduree tions, tiOns,nflnmur nnimur standards stondardsofofproperty propertyaaintenar.ce, ntantenance, the the trchitectura trchitectur Revie Pe'ie. Committee Ccrrn-iLtee and th tr Appeals Board, Board and and of of the any ouher uJ'i matter atter vthir. vithir.the thejurisdiction juridction of of the Association as as the Association any the Decleraticu; prc'ded. however, jrzvided inin the aeclaratio; pro:ded, that such provided that such rules rules 4ever and regjlationg regjlations shall s!ailhe heenforceable enforceable oniy on nd that they tc th thk. rent etert that they

uth ith tue tue Daclareton, Dclareton, the the Articles Articles v- 1.aw cn and andthec,e te.t By-

11e ie

consJCeI]t consistent

-12- 2-

oo 1ncorpora— hncorpora-

JJ.J SLIt/U Section ect±On 4. 4.

Management 1anaqemr Company. If If the company. Roardeosodeide decides,it it the Esard

ny maysciect select aa rnanagment managment cOrrpany compa fly

to manage tthe Conunon Propertito Common Properties and and the the affairs affairs of 6hall perform of the the Asocjatjnn, Aecjatjnn 'which which ehall perform such su.ch duties duties and and services as the the oard oard shah s1aliduthorjze. cwthorie. Section. Section 5.

and 'rerm term of ElectIon and Of Office. Offje.

At ?t the first the first

annual annual meeting resting of of the Votjng Voting Members, erer and at each andthereafter tlrcafter at each Annual meeting meet.ng of annual of the the Voting Votingneithcrg ierbers,• directors directors shati elected shaU be elected by citten rittsn ballot ballot by byaa majority rsajorty of by of the the voteo votes held by the Voting by the Voting a Members as provided these my-Laws, provided in these ps- Vong being Ry-.Laws, each each person voting being

entjtled hj votes entitled to cast his votes for fr each of o many nomneec nmneea as as there s many there are vacancies vacanc,5 to are to be be filled. filled. There flail be There shall be no tI2rnulEtive olzrnulative Voting. voting. Th the :n the, event event that that an an annual annual reeting jg

setinq is not notheld, held, or orththe ciard oard le s

not thri thcn elected, elected, the not the Board may maybebeelected elected at at aa specia1 special meeting meeting

of the hld for cC the Voting Voting llembera Ncmbcra hld for that that purpoee. Each director djrecor shall purpose. Each hold office until until his nuecessor hold office ueceo has has been elected and ha has guali— elected and fled fied or or until tintil h1 his

uaI.i-

death, rezignatjon, r igrtioi- removal death, or judicial judicial adjudiremoval or adjudi-

cation of meota. mental IncDnpotence. incorpetence Cation of

Any person pezoon.serving servincj as a director Any a a director may be reelected, and there may be reelected, and thereshall ha1i be be no no limitation liitatjon on n the the nun-her number of ter-m of ter-ma during duringWhich which he hemay may serve. sez-v. Sectjoj 6. Section 6.

Ocs; Surmory. unrnry. Boc)cs;

Thn Board The of Dircctcrs Dircctor shall oard of shall cause to be maintjoe cause to be mintir.e a a full fullset st of ofbcoks bôk and and rccor ehowri recoras showing

the the

with with

Aectfr

financial financial condition condition of of the the Atsociation In In a manner manner Consistent coris.stent

accounting practices practiceB established estabjh by by the the Association Asociatjcn or or

aneçjement CorTipany, ranaement Company,and endatatnoorgreater greater

than than annual ar,nuai interva1n intervals shall shall ctar a Sumrnry (JLioh flud obtain a surttry (cJJLi ch flood not rot b- csrjfejj ocr tified) suchbooke booksand and of o( Luch records. records copy of ofeach eachsuch A copy suchsummary summary ahall shall be dl.ivere1 de1ivred to to 1'leubere within Members withinthitty thirty (301 3O .ays after ays after the the completion of completion

of ueh eueh

such boojs Such boojs end ard records aremaintrijned maintd ned att the reCog asasare hedirecdrection of of the the Beard Board of f Drectre Drectorsshall shIl hh, open oper. to to Intpcotion inopaction by by the the r1r-.bcrs r1-.bcra dur1 during regtt.r regJ, rorkin orkLnr hours hoursupon uponrouot. rucs t.

s'oLry

7 Sectjcn7. Section

Vacancies

n t}.t t}. SOuL: Vacancies in of Ditoctors Directors BOuL of CLJOd byby ry chLJsed r;yreon reason othrrthan than the othethe rerTOv reova of of a director Hrector by by a

rc of tJe tho Votir.q VotinqNierber r1erbers 01 of the the tszocjatfon shall he fifed snail he ssocjatjon

-13-

—13—

fiUed by by

r

vote vote

of the majority of majority of of

the remaining the remaining directors, directcre

OtJbcJ3j)9

though they even though they

may 1cs than quorurn, and coristi tute less than aaquorum and each each person pero may constitute

go elected elected

ohali. be be aa director director 'until shall until aa successor aucceeeor is elected elected at at the the next nact

annual of the tho Voting Voting MernbezMembers orof annual n'eeting rreeting of theAssociation. Association.ororatat aa the apecialrneetiriy meetuiy of of the theVoting Voting friemberu tpecial called for for that that purpose. icnther-u al1ed purpose. A A vacancy be deemed to exist in case of death. vacancyororvacaricie vacancieoshl1 shl1 be rigtin. removal adjudicationofofriental resignatirjn, removal or jUdicje judicia' adjudication Sncom-. nental ncom-. petence of any increases petence ofdirector, any director, increases inin the the 12e or in in i2e of of the the Board Board or case Voting Merrbers the Cull full rurnber case the the Voting Nerithersfail tail to to elect elect the r.urber of of authoauthorized rized directors directors at at nynyreet4ng n-.eeti.ng at at which which cuch cuch election electioniai to to take pkaice. pLace.

Section Section 8, RemovalofofDirectors. tirectors. At 8, Removal

any requler requlr or special any or special

rmeeting of of the the Voting Voting Meithers herthers du'y meeting duly called, called, any any one one or or core more of the

(other than Developer's eveicpers designees) esignees) iay oaybe beremoved i-eroved with pith or without withoct cause thethe Voting Mmbmr cause by by aavote voteofof Voting Membersof of the Asoci— th Aociat.on. holdinq of AU. aj vote at4.on. holding aa majority majority Intereat Interest of votes, anc and a uccessor rn1y then may thenana anathere therebebeelected electe4tutofill flflthe thevacancy vacancy thus thus created created. My whose rerDoval removal has been proposed nydirector directot whose prcpoaedby by the t.ethe Votir.g Votir Me2— d.rectr directQr

hers be9ven givenan ano2perturlity opportunity bars shaLl sha. be any or or any

to be heard at the meeting. nieeting. If

all of the d.rector directors are are so so removed, removed, new new directors direotore may may be be

elected t th rneetin9. same isstirg. 1ectd at thesame

irt rau1or nest-

Organi:ticn fletinos. eetii-ras. The Organirticn The irt re9ular meet-

Section £CctiOn 9. 9.

a newly ney elected ing of ing of a elected goazu he held held within within .oaiJ of of Directors Directora shall chali he

election of the the Board, Board. et st tuch such place as shall be fixed rLd announced by the the clirector fixad SrLd announced by cirectors at the the metiflg nesting at which Lhjch suTh surh dire ctorswere were elected,for forthe the purpose purposeof of organization, organization, eiecI"cn drctors elected, eiectc'n ar.d tfle tfletraflgacj-ion ci officers ofcers and tranaact-.ion of of business. Ho of other 'ther husjness. No notice notice Eha: he Eha be necessary necessary to to t1jC newlye'ected elected d'c'r ininorder the newly direcrrs orderlegal— legal(lO days of ten (10) ten of

yr

tO Constitute constitute Guch cuch oeeting. neetins prov providel

e

rajority whole .'i-ajority ci of the the ubole

he prescrit. Eord Ecd shell shallhe prescrir.

O. OthcrFealarrmetlTtQs Othor Fe ,ilar r-eetnco. Dther O. i)ther reyul reoular ax r'eetirigs ricetjris of !Je Board cf t!e hcard of of DLrectorG rectors shall be open open ta to the shaU be the hdvisory dvory 3oards' oerds -sieus, s:id may be irid mry be sflreu a:lc] i.ld at at fluz)t tuzh tirn and place ploce witha tifls and 1th Tampa, Tarrpa,

Section £ect.lcn

L

r..

Florida as as shall shallbebe Florida deterh,jried, deterjiined, front time to tinte, by a reoJu—

from tirre to time, by a real_ution adopted tion adopted by by a a majority tajority of of aaauOru auOrn of the diectora; nf the directors;provided provided,

etths

howc-zer1 that such 'uch rneetings shah howcver1 that be held hel6 "n less fre;uentlv than hal1 be

)en fre.ant1y than

anrue1ly. Notice oti ofofregular regularmeetings meetlngB of of the the Board tnnufly. Boardof of Directors Dirertoru shall be shall bc given giver to each each director rLtrectror and and, to to the the Advisory oarde' Advisory Boards'

tcsignees, parr.a11y or Designees perscr.al1y or by by mail, mail, telephone tlphone orortelegraph, telegraph, at at lot Eeverlty-two (72) haura prior prior to the leatt seventy-twD (72) hourg th date date named for sub named for och mee tiT ng, and ghall be pcotad at meet{ng, and ghall be posted ac aa prominent prominent place place or or placej placea within theCoruncn Common Propertieg, wj-jn the Propertiea,

Sctin U.

Sectjon fl.

Special Meetings. Special Meetings,

Special Special rnoetir.gs meetings of of the the

board of Dirertcro Board of Directors shan h_I

dviwry aaa' tesigr)ee called by the Pridnt if

be ie open open to to Advisory Bords eoignees, arid arid rny may be be called by the Preajdnt (or, (or, if be he is a absent absent or or refuses to to act, the Vice refuses act by by the Vice Freoident) 're de-t) or (2) directdirector by by any an' two two (2)

Atleast least seventy—two eventy-to (72) At (72)hours hourb notice notIce thai! hall bbe giVen J.ven to to each director, director, pertonally personally or or by each by mail, riiafl, telephone or telegraph, orb. ors.

telephone or tcgrph,

which notice shall state the time, time,

place (as place (as

vided) vided) and aridthe the purpose ptpnse of of the the meeting, meeting,

hereinabove eiriabove propro-

and and shall shall be be posted pasted at at aa

prinent place placea prominent placeoror placeaWithin within the the Common CoirmoiProperties. Properties. Advisory Boards' Designeog disory Eoardu' Designeegshall shlj

The The

also the tune also be be notified notIfied of of the tixte and and

place of the the meeting. place of rmeeting. If If Ser-ved served by by mail, mall, each such notice to to directors directors and and to to the thedeeignee debigneeg of of th t?e AdviEory Advisory Boards, cards, shall, halj be be rent, postage potge prepaid, rent, prepaid, to to the th ddresa addreaa reflectc reflecte on or.the therecords recorde of of the the Association .asociatjcn, and and hal1 halI be be deemed deemed given, given, if if not not Actually Actually received receivedearlier, earlier, at at 5:00 5 o'clock o1clQck p.m. pr, or, the second second day day after or. the after it is deposited In aa regular deposited In regular depoitoz-y of the the United depoIto-y of United States mail as as States mail

i

provided hereIn. herein. 'Shenever r1henever any any dmrectcr director hoe has been been ab9er.t ihrit from any from any special neeting of of the theBoard special imeeting an Board, entry in entry in the the ,i:utes i::utes to the effect hat notice has ht notice has been bean duly 9i.'en shall duly r:en hal1 be be dncluaiv Crclusive end and

lncov(ruble evidence

incontrovertible evidence that that due due notjc notice cC cC such such

given director, given to ouch such director, Section Section

12. 12.

rei:d by lay and

aas reLired by law and

rieeting ao rieeting wae s provid as provided herein, herein.

wnverof Waiver ofNotice Notc.

?ofore at any any fleet,!.g Pefore or or at mnet.g of the hoard the 3oard of Directors DIrectors, any director director mry, n ..rit[ng, riLing, vavo ray, n, wavo nntice notiOC cC cC such such meeting nd such meeting and avorshall such aver bebedeerned ha11 eeniedequivalent equivalent

u t

giving of such r.cte.

lie giving of such nctice. the -15— -15-

tten.jic by by aa director director at Attendance at any

46O6j3j1 rncetiny of the the hoard 5hall be ocetiny of hoard ahall be time time

and and place thereof, thereof.

waiver of of notice notice by by him him of of the the

if all all the U-e directors diretora re If z-epresent present at at any any

Eoard no no notice eetirg of the Board, meeting notice shall shall be required any btlsi— bLisirequired and any neso may suc1ness may be be transa'ted transa'tedatat such meeting, nesting, The The trrlEaction tr&nEactionoat at ay ay

meeting of the Board, Board, houever meeting ho.ievercalled called and and noticed noticed or or wherever wherever a held, shall shall be be as valid an no though held, valid held though had had at at aa meeting neeting duly held

afteE regular re9ular c411 call and and notice, after and if, if, nctic, if if aa rjuorum uorua be present, preaent, and either or after either before be(oe cr after th the meetlng, each of of the the directoro irector not meeting, each

Bigris such such ritten present signs rItten Waiver waiver of of notice, notice, aa consent to hcldin holding such meeting. meeting. oor an approval approval of of the the minutes minutes thereof. thereof. All such such waiver2 and waivers of the the minutee minutes sf f the nd consents consents shall shall be be made made a part of meeting. meeting.

section Section 13.

Quorwn and an1 Adjourrunent. Adjcurniiant. Quorum

an otherwise otheTwine Except xcept as

expressly provided eipresdly providedherein, herein, atat all all meetinçs meetings of of te theE'vard ?vard of of rirectc3r6, a a majority majority of the Directcrs, the directors directors shall shall constitute constitutea &qucruID quorum

for for the the tranoaction tranaecton of of businesn business, and and the the acts acts of the majority of cecting at which aa guoruiu guorws iO the directors present present tt aa meeting is present prerent at which

shall be the of Director. Director. the acts acts of of the the Eoord Bord of

any neetirig if tt any If meeting

of the Board of Directors, flirectos, there there ia in lees 1en than than aa guorum quorum present, present.

tho majority majcity of the of those thote present prestnt may may adjourn adjourn the the neetin meeting from from tine tioe anyuuch suchejourned to time time. t tany might adjournedmeeting, any buuiness buuinese which hioh zr.ight reeting. any

transacterlat at the the rneeting have been transacted as origna]ly prig:na]ly called nay be bc neeting as called rriay tranacted notine. tansacted without w±t1out further i-iote.

UiLectors shall r,a1l The Uiector have the totske have theri9}It rht to takeany any action action innthe ofamettn abeeho of theabsexbce e rneL._tngg Seotcn 14. Section_i4.

which h.ch

Action Without Actinn ,'Jithut

they could they could take t&e at at

r1Lten Of vrlLteflconsent consent Of

a

1cctng, Mccting.

or rneetn5by byobtaining obteinng the vote or reetng

dinctors, An actich actioh

a)1 al th- the directors.

the same effect as shall have have the same effect as though shall though taken taken at at

so approved approved

a duly constituted

cftho the di. directors. tng cf eOtorz. neting secton 15. Secton 15.

Fide)ijLnds. Fie:i:ty Eutd.

The of Directorc The Board E3oard of Directoo may may

ire that 13uire offcer nd that all officers hondl— ridemployees eriplyeez of of the the Association Asciciation har3dl-r respnnsih2e repnnibe fo foz Assoe1tjon fundsfurnish furnishadequate aüequatef.rielfidel— AsnC-ticn funcs

bonds. bonds. a: a

i cx

The premiums premiu on The onsuch suchbonds bondsshall shall be be paid paid tiy te t

-q

4606% 1312 Sectior, Sectior

16. Ccrrmittees. G. CornzrIttees.

oard of Soard of DirectorB Directors by byresoliz,. rDluto time, tine, designate deEj.natesuch to ccjm-nitteeg BUCh ccm.1tee as it ae it ha1l hall desire, and desire, arid may rnBy eEtab1j thepurpose., puri and establish the andpowers powers of of each each such committee such cornittee created. created. The rzolutjon The rsojutjon designating and ectab— ectabdesignating aM liEhing the the committee coniiittee shall lishing shall previde providefor far the the appoir.trnent ppointmcnt of of it8 Ito menLbers, rnenrbers,asaswell wellasas aa chairman1 chairman and and shall shall state Gtate the the purposes purpo8es of of mi:y, ticrt may, tion



-:

the the

the The

from time from time

cinittee, and conji,ittee, and shall shall

provide repert termination provide icr for reports, ternintin and and Other administrative other matters adninistratjve matters an as deemed appropriate by the Soard. hoard.

ARTICLE ARTICLE V QPFICCR$ OPFICERS

Section Sectiori

1. 1.

Designatjo DcEiqnatian.

The principal pril-lcipal officersCficers of the

of the PreEidt, aa Secretary, S.oretary. be Cleted by by the the Board of Board of Tha Board The Board of of Directors Diretr tay aay appoint appoint an ar. Assistant Assistant

Association shall be aa Fresiderit, Association shall President, aa Vice President, and, and a Treasurer, Treasurer, all oo whom shall be elected whom shall





Directors. tirect.ars. Treasurer Treasurer and an AseiEtant Secretrv, r.d Assistant Secretary. end such such other ether offic officers as ae in their in theirjudgment judgmentmay may b be neceaary. fleoecaary Qfcen Oficeraneed neednot net be ditto— direc-

torn toro nor nor Nembers. Nembero. Any Any two two offiecu offieo nay may be held by the the same sz person, person, but the but office of the office of President President and Secretary may nay not not be held by and Secretary

by the the

Same person. Same peroon. Section 2. sectie 2.

E1tjori Election

orf Officers. Offjce,

officers of officerø of the the innua11y by by the the Board Beard of annually of Directors Directors at at the organization oranizati meeting of meeting of each eachnie. hew floard Boari of of l)rectcrR, Directors and and each each oLficec °ffICe 5hail h1 hold holdh higoffice fjce atatthe thepleasure p1auze of the the Board Board of of Directors, Directors, until he shall shall resign resign or be removed or Cr otherwise otherwise disqualified to serve serve or dsquaIified to or hia his suc:estor shall be be oJctcd sucrccr ehall ejected and and have have The

Association Asociat1on ehall ehll be be electe elected

qualifiod to to quaIifid

serve. ervc. /

section 2. Section 2.

Reovai Removal of Offjeer5 of Officers

Upon Uponanan aifjrmtjve .ifirmtive Vote nak.rity of the entire nac•rity entireBoard Board of of Directors, Directors any officer any officer nay o11y removed, with he removed, with or or without withoit cause, and his cause, and his successor elected at at uccpor elected siy meetingofofthe theBodrd board of any reç3ular reu1ar rneting ofDircctorg Directors or r at at any anyspeciaz pciaZ rnsetncJ ot of tile the hoard r,ieetng hoardof of Director Dircctor called for buch uc psrpose, urpose. Any Any

of of

ofiL ay nay rasign rign at tine b1 giving uzitten ofjLcr atany ny tifle by giving writteniotice utice to to thc tho Board Go Cr too

te President re5jdent or r Secrctary SeOrtary of of the the Aociatjon. Aocit10n Any Any

the

such resignation such resignation

shall take take effest Ehall effect at the t,o date date of receipt of of such 5uch of receipt

notice sr at any later

notice Cr at any later time and unle unless other— time specified ope;ifjec therein, and otherwise wise epec speci .fied fied in in saf sai. sio iee,bccepr.ar bcceptagstr of notie, of sucit Iveignatioi, bj igntioi1 bI

the Board &hll shall not not tie e neceBoary make it nececary to mike

the

ffectjv.

effective.

Section Sectjo-

4. 4. Compensation. Comjjeatjon Officera, agenta &gento and Officers, anc employees Cmployeea shall ahall receive such such reasonable reasonable oompenGaticn compenBationforfortheiztheirsez-vicea services as a mey La authorized may orrtifieci ratified by authorized cr theoard. Appointjncnt by thefloard. Appointent Qf vi ary any officer, agent agent or or employee employee shall officer, not of itself haIl riot itself cr-eato create contractual contractual rihte of ri9htE of compensation compensationfor for ..ervices ervices per(Qre per(ore by Ouch ouch officer.. officer,

agr or or employee. employee. agent

Sections ectjon 5, Freaident. Freoident. The The president prejdent thall ha11 bo bo the the ctiief chief executive ef the theAeEociat,ion. Association. H. shall executive officer officer c'f ahall preaide at all. all presid, at :eeting the Association of the eetings of AeeDCIaLiOn and and of of th the Board l3oard of of Directors. Directora. Ie itt

shall shall have have all of of the general powerg powers ei•nd thtj duties Which which

ve5tedin vested in L'e the

office of President ?reident shall, shall, subject

ef a

are usua].ly usually

thci President tha ?re1ent of a corporation. Corporation.

The Tue

to to the the control vf the Board of Direc—

Control Qf the Board of tirec-

tore, have' have' general toro. 9eneral

.pervjsbon, direction supervision, dirction and and control csx-ztrl of of the business of the the Association buine5 of Ascocjajo. The ?reaident President ehall shall he be ex ex officio officio a

member of all all 5tandin standing committees, committees, and arid he he shall have ehall have

such such other

powers an dutie5 powere and dutle5 a at may be prescribed preecrlbed by the Board ?oard of of Directors Directors by the or these these By—Laws. BLZLW5. VjC Presj.et. The \'I vice President. The jde President shall take take Presdnt Ehall the place place of the President the andand Prenidsi-it pefornihis hia dte whenever pecforrn duties whenever the Prcjdnt Prcidentaii..al 6jLdll be be ab5nt. absent, disabled or refuses disabled o' refuses or or ig isunable uneble to act act. neither the If neither be Prssjdt-r Presidu nornor thethe vice. Vi.Pregiden ?reijen iu iu abie able to Section 6. section_€.

1

ict, tie tieEoar Board tñrectrs act, of ot Directors hal 1al1 ppoij-it some otI.er member ppoirit borne otLor member of t]ie Board to t do so cii an do sc jntsry hosLs, ninterm hasLs The The Vic-e Vice President. President uhall ohall a1s ptrfcrm prfcrm such a1s other dut.ie 6uh other duties a$ a shall Ehall from from time to time time to time be b ieTposed upon upontrini mmbybythe the Brd Boardc ci Dizectors or these iecto-s or these ny-Laws. By—Laws.

Section SectIon 7 7. or ci all all IretJn9s reetings

ecretry.TheThe Seczetay Sh11 s2retr'. Seozetary ShOll ap p the the adnutes minutes of of th BO.LrJ or the BOLd of n.irector rarectors and the minutes minutesotofall all and the —jo—

46061; 1314

n1.u.gs ttcetings of of the the Voting Voting

em.ter of 1embers of the the Association Assoojation ht prinat the prinoffice of the cipal oZZice the Asoejatjor Asoeiatjon Or at such Luch other other place as the place as the 3az-z! of Zoar-d of Directors ny order. irectcra ay or4er Dh 'tha Secetrv Secretary shall keep tha aeal seal Ehall keeø thej oZ o. the ociation Snn safe the A soiation cuetody ar safe custody and al). than have have charge char9. of of such such

or at

riretcrs

books and books and papers papers as as the the board Dard oo Directors nay direct; and the Itay direct; and

prforn

Secretary in gentral, goej perforn all Secretary 6hall, ohall, in all of of the the dutiesdUtie-Incjrj incident to the to the office office ef of Secretary Secretary. The The Seeretaiy Secretary ahall shall give, give, or or cause cause

give, notices to be giveh, notices of of reetirga meetings of of the the Votin9 Voting Mcnber Merberg of the sscj.Lic .ssocitjon and and of of the .the Board of of Directors itctôr req-aired req-4ired by by theae these ?y—Lavs or Or by by la law to be be given. given. Tnt Trie Secretary Secretary Shall than aairtain taitain a a

list 1it of of O-ne.CS. listing listir-g th U,s nLiea n,es and thaOwner andaddresses addreeB of cf the Owner. as as fqrja-ied the the Association, A5ociation, and fqrnished and such such list list shall chall be be changed c1aie4 only at



such time tje aa such as satisfactory aatisfactcry evidence of a evidence of a change In Owrershp i change in Osmership is presented to to the the Secretary. Secretary. 'rhe Secretary shall perform the Secretary perforn such such cthei duties as cthex duties as may may bba prescribed by the Board Board of Directors.

prerjbed by the

of Directors.

'rea&urCr. The The Treasurer Treasurer. have responsiTreasurer chall ha1l have responsi.. bility for bility for Asociation Associationfuz-da funds and and securities and aecuritte and ehzll. shall, be be repres— Section b, Section

,

ponsible for for kecpng, kecping, or or

ponsible

causing OauB.ng to

bee kept, kept, full full eo and

reçr

çf bujes

accounts, tax tax records records and and other other records of business acounLs,

of of

the theAssociation, Association, including includjr

accurate accurate

transaction. trargactioni

accountB accounts of of all all assets, assets, liabililiabilianddisburseent8 disbureerta in ties, receipts en in books Sos be nçiz-g to belcnçing to the the AsrcoAsno—

ciation. The Treasurer Treasurer chall ciatjon. The shall

be be retponsjlde recponsje for the the deposit deposit of of all andother othnr valub1e all nonjj tcnj and valuableeffects eUet Sn in the the name, an name, and to the to t-.e

i

the Association credit, of cf the credit, ssociatjon in such such depoitorjes dpitor-j as as nay fl-cm time time ay from to trne trne he designated by by the the Board Board of Cf Directors. Directors. The The Treasurer Treasurer

t

or or an an Assistant ?ssiEtant Treasurer, shall shall co-sign ct—sign all allchecks checks on on behalf of the the Association The Treasurer shall shall disbu,se The Treasurer dsbujse the the funds of the of the

soctZ-.

ASS jatfon as may Association may be be ordered ordered by by the the Board floard of of Directors Dircctorc £n in ac— accordanc cordamc with with the Oeclaraicri, shalL the Declaration, thaii render render to tothe the?residcnt Prejdt snd and

directc, upon directors: upor.reue5t, request,an an account account o( all of hic

of all of hi

Treasurer condition Treasurer and and of of the the firiancLal firiancal cofldjtjcn

transactions a as

of the of the PBociation, and ociatin, and

hafl&.c rc such such other other cowrs SUCh powersand andperforrr perform suchct1er other uti duttr an

shall

he he prescribed prescribnd by the Bcad by the Board of of Diiectos Diiectors or or these these ?y-Las. By—Lays.

—19—

may

:utj6 1ai5 RrC•0d6c1315

ARTICLE VI ARTICLE OBLIGATIONS caLrcAT1cs OF OWNERS OW1ERS

Aemer1t2. Anessments.

Sct1on 1. Section 1.

(a) ()

All Onrs (tier than

All Qwn1r5 (other than the Developer) are obli— the Deve1ope) Dbll-

inri

ted totoTDaY. gated pay,

with with the tho

of the Deelar— ee1aratipn all ation, semerta ipoed all ?.ssestmenta imposedby by the the Asaeitj Asioei5tion to t meet all eperses (and reserves if expenses (andrecez-ve if inpcscd) the Association, imposed) of the AsgQcjjofl, Which ay Which may nclude wthout lnittfc, 1jabj1jty include, without Umitation. liability insurance insurancepolicy PQ.icy pren premiJms 8nd 3nd insurance irsurancepremiums preriins fc for a a pcliy policy to to cover repair and reconrepair arid recnstruction work in incase stuctiori wck case of of hurricane, hurricane, fire, fire, flc'Dd flood or r Qther other haaari, as mcr more fully fullyprovided povid in in these these 2y-Las. By—Laws. xcept aa otherwise Except Qthcrwi5e provided in the provided the Declaration D laricn with respect to with respect tt the thecoli.ection colccti of o Secial Asessmcnt Special Assessments, the shall hal1 be b allocated floated rorg the th accordance

FrovjajQns CVaQT1

Units Unt

rd Parcels and Parcei subject subject to to AeS&neflt Assessment under under the the Dec2aratjon ec1aratjon aas pprovided OV ide d therein therein cr or in ir any ny Supprta1 DelaratQn. SUpplemental Declaration. The

tev1opr Developer

as sct forth ii the th Declation. teclatin.

hal1 pay shall payA6se&smerts Assessments as set forth in

All delinquent (b) All delinguent A5 setg shall Assessments hal1 b b enforced, collected o ollect!d or forelcse fore1B In Ir the the manner !ar1nerprovided prQvidedininthe theDeclar— Dc1a-

atiori. Sec:tjcn 2. Section 2.

Majntenac Maintenanceard and epair.

()

futh

(a)

fcr for

As further provided in the theD&cjaratjQfl. Declaration, all pL-vjdd in all plar. plans cnstrucUcr, alterations alter Q1s. re?ajr and construction, ai-d replacement of c

rejr

replcct

Iovcmerits tt'the th Co,ran Cowc'r?rQprte and ?ropcrtes and other cUer flr.pravemertz that hrprovements that are subject are ubjet to the Declart1on, Declartri, niust must receive receive the theprior p.ior written wrtteu I consent of of the tie Architectura Architectur Cornnhitte. Cor.tte. The The/ Architectural Arhivtra1 Ccnuitee sh.fl Coninittee shall establi.h establinh re.nab1e reasønable pr procedures dLzre or .ôr the the granting grntixig Improvements

su.i apov1

of such approval, in of in accr.-dane accordance with with the the Declaration. These Th.se

prccedr procedtres

shall saU bbe kept kept

b) b)

Lr II)

ec1rtjon.

th

th2 Book Bck ofof Peolutjons.

t'rthcr pvid

As tirthcr provided

in the the Leclaratjor Lec1aration, each each 1eht— 1et-

zeirribjrsetheteAssociation ssc atin for for any ny ev.pnditures expenditures lr.curred incurred

shall reirtbarse

prng o reacng rcp adng nny fly portion per.icm of cf tht Corruron Ccrririon Properties }rcpertie

repa I ring or

-0-

—'0—

1816 which isisda.in;cd fault eiTof Luch whicti danagedthrougi throughthe the fault suchHmber, Member, Suth Such experdiexpendi-

tur t{jrec ha1l chall jlude includeall all court court costs and zeaonabe reaona52e attQtrleys' csts ard attorneys' fees incurred In eriorci1-ig xy prcviicn fees incurred in enforcing any provision of these ey—Lav the f these y-Lav or or th Declaration, Declaration, ARTICLE RT1CLE VII VU --

-1

hMEfl$ TO Y-LWS

?INENMENTS TO BY-LAWS

-

These These By-Laws By-Lw6 may my be nended byy be amended

the the Board Bor at duly constiat aa duly consti— tuted tut mtn the Board meeting of the ard for for such purpose. Anendnents tich puxpose. Aendzent to to these thce By-Ls s;a1l ebeapproved By.La.s aprQ7ed by by aa majority majority oof the the votes votes of o the the -directors -directorBatataa duly dulyconstituted ccntituted regular regular or special meeting of the peeial Meetir c

9ard. N; N amendment endnentmay raybebeadopted adaptedwhich whieh dver1y affecti the Board. adversely

afecta the

rght of the heDeveloper Dv1opei or or cof anyy First First Mrti9ee Mort9agee±T if such fort— uh Hcrtag ia Ia thade ad in in good gage good1ith filthai-id and forr value value on cn aa Unit Unit trP&re1, Or Parcel, rights

the prior written WritteD tonsent off the Developer at such the Mortgagee. This Thi5Article Mticl VII VII may Mortgagee. ay not iict bbe a,tended. arierde. without withct.at

-

-

ARTICLE Ar1eL V!U V!II

NOTICES

section 1. section 1. his hL

Unit



)otice to &oci.tIn. An to Association. Anowner cwner )oticc

vho moztg,ge tgage

r Par.

11 notify notify the the Association, Asscciatin through or Parcel shall thrug the th

r or thetheSecretaiy Secretaryoof the the Soard in aid of of Directors DirctrB in th th: event eventthcre thrc isinno n Mag Crnp.ny, of of th th nane and address Management Company, nane and dre o( his of his Motgaee. Mottgagee; and and th the Associtjori ssociatiori chall shall nintain airitiri such infor— rtIon. y such shall likewise 1ikwise nOti(y th Association nation. Any such Owner Owner shall notify the as Asseiatiøn aB t the the re1ease re1ae or dIscharge to discharge cf of any any such uch Mortgage. Mortgg. Maragernent Corrtpany Management Company

Section Seetior 2. 2.

Directors Drectcr

c th of the

Notice U3tic

c.f Unpaid Un aid of

Assessments.

The Board Board of of

/of Associ.tion at th the rea'-st rec'st of As10cj*ticnshall shall at /

(Jrit cr P.rce1 ert

rtgge

a Mortgagee

of aa Unit or Parcel report any ny unpaid unpaid A Az,escments duefrom from the the esents due

rar

f such in accordance at Ojner of such Unit Unit Or Or PArCel1 PArcel, in vith the provisions of of

the Declaration. teclaration,

—21—

v.tn the prvisj

a

'uuo .Ljf/ vuot.tjIj ARTICLE ARTICLE IX IX MEAN TERMS MEXNINC INC OF OF TERfS

All AU terms terms appearinq appeorinqherein hereinshall £hll have the same same meanings meanings • have the

are are applied applied to to such such ter ter in unlessthe thecontcxt in the the be1aratjort, elaratioj, unless cor.text wouldprohibit proi-ibit such would such meaning. arling. RT1CLE ?RTICLE X

-

CONFLICTING CONFLI CTINC PROVISIONS PROVS IONS

lfl case In case any any cof these these By-t.a By—Lava conflict conflict with with any revi.ions of any prtviidons the iaw5 laws 01 oi the the State State of of Florida, Florida, sucth ecnflicting By—Laws y-t.aws ;hall such ronflicting ha1l be null final court be null and and void void UOfl upon final determination to court determjration to such Luch effect1 effect,

but all but all

other provisions other of these theseBy-Laws provi5ions of shall remain By—Laws shall remain in full in fufl force force an and effect, effect. Iti I case of case of any ary Cbhflict ct,rf1jct between et:weenthe the Articles Articles

nd these and theseBy-Laws By-Laws, thc tht Articles Articles shall control; and and in in the hal1 control; the case of ca5e of

any ccnflict betee any conflict between

the Declaration the and these Declaratiorz arid these By-Lawo, By-Lawo, the the

beclaration control. becla:ation &hall shall control.

ARTICLE ART1CLEXT xr INI)EeUFICATXON INrE.rnIFIcrxoN OF uD OFFICERS OFDIRECTORS DIRECTORS AND OFFICERS

Except to Except tothe the extent extent that that auch i.1abilty or such liability dama9e or injury or dama9e injury is Covered by insurance is covered by insurance Proreeds, proceeds, the the Board Board of of t1rector Directors shall shall authore the .ksoc'cjato authoriie the AsGociation to to pay ay expjse (includin9 attorney's attorney's expcnses (including fees) incur tees) incurred by, by, or or to to satisfy iatisfy a judnent judg,ncnt or or fine fine rendered rendered or or .tevieçi against 'evied against, aa present preaent or or former torme Voting Votin9 Member, Menther, director, pffcer, committee nerr.ber, officer, cormuittee member, Advisory Advisory 8oard Board !1enber, ppeals Eoard neither, ppeals Foard rr.ernbr. or eipl.oye r.ember. or errployee in ny of of thethe Acjatjon, Citicrt,. inyaction action brought brought by h' a a thirc third party patty against against such such person, person, whetr whetherorornot notthe theAssociition Associition j joined JQjnCd aas a party party de1enant, eIenant, to impose imposea liability a liabilityorCrpenaity prty

i

on

such

afleged alleged frrbcr

persot-i. person,

or or

t irnpoe crin'inal cririnal bdnCtc,ns, to inipose bdnct:ons, for an art

for an art

to have have been been corruitted com,n ttedbyby such uc}i porson porcn whi1e while a Votiny Votri director. cffcer, director offcr co,Tmtjttee romnuitt member. Advisory Advsry 3o*rd member, Board

cmher, Appeals Member .ppea1s Bcrd Board7ernber member errp1oyee, eiiiployee, unless a a court courtof ofCOi.co,— pLent pLent

jurizdictj,n jurizdktbn finally determi-g, af'r finally determines, afr all all appeals appeals have have

been beer,exhauEtec exhausted or or nOt not pursued pursued by by thc thc prcpQ5ed propQsed indeir,nitee, thdennitee that subVotn sb VotingMcnbe. drectoc. ciNcer, Mebe; director, committee rcrnbcr. CIfcer, CornrnitteC rcmbcz-. Aviry Advisory

—22— -22-

p[r R[r

4bUbJ315 4bLPb13I8

aoard oar member, fliemer Appealo ppeal Bo&rd Board Member act in in errthr or or elployee ep1ôye did did not nt act good tath wjthjn within what what hee god fait}

reaEonaby believedtotobebethe thescope spe ao reasonably believed

his emplo,ent hi emp1oyntor or authority authority and and (cc f aa purpose he reasQnably reasQnably purpose -which -.hich he b1jeved to to be be in in the believed thebest bestir.terestn ir.terest ox the Association ox th Aociation orOr t9 Hernbrs arid ut further llembers and such such court specifically that. further determines deternijn pcifica1ly that. indcufjctjc,r should indemnificetion huu1d be be denied. denied. Payments PAyent authorized authcrize hereunder hereunder include amounts paid include anountz paid and andexpenzefi expensesincurred incurredininsettling settlingany anyBuch such action threatened &ction. act.iQn or or threatened Action. The T provisions of of thi8 this Article provisions shall apply app.y to to th shall the estate, executor, administrator, estate, executor, adniriitratcr, heirs? legaheirs, lega— or deviseg devisees of tees or officer,committee cmzittee ofaa voting Voting Member, Mewther, director, director, officer, wrther Advisory ?4visory Board Board?lember, 1ethtr, App1a rember, Appcals ôard Eoarderrber ieber or eiiploye employee ar without and may rit notbebeamerded amended without thepprova1 approvalininwriting writing of of all all pexsonswho whomay maybebeadversely adversely affected such anndjert. persons affected by by such amcndrpent. ARTICtE ART1Ct.EXII )I HI !1CELLAREOUS CEI4EUs

5ectin Section

1. 1. Execution ef Execution of Dcuxent3. Documents, The aoard Directoro, ard of tirectcr, except as a in.nthese except t)c ay—ra,'a By-taø other-wj pxovided hereby other-wise provided, hereby authorirea outhorizea its its ?reidrt? ?resident,croraiy anyV1c VIce Prsideflt? President, to t enter enter into into any any contract contract or or exc1t th hame execute Ay any iritrent instruent In the rme and on beh1 behalf ef of the and cn th

Assocaticn. Assoiaticn.

2. inspection inspection

Section Setion 2.

of ef

-Laws Py-Laws

and other other Founding Fundjn r.d

It transaction tranactjon of buines the of business or aacopy these tieoriginal oiiir1 or capyofof theBy—Lnwa By-Lhw

Docun'ents. Documents.

The kssociatfnn sociatiôr shall shall keep keep in in its office office for for the the

and other Foundirg and all ali other Durnet a asarrcnded Founding Documents, amendedrorothrsige other-vise altered 1trec to to d&te date, dertiLd the becretary, cretary which dertiricdby by the whichshall shallbebeopen apn to to

it-pectior by the the Owners inspection wnersand ardall allFirst Fi:ct Mortg.gees Iortggees at all all reasoi4— reac'i4able tir,cs tirrc during uing office hours. In fr addition, addtion all sill First Firgt Hort9agees £hall bbe entitle& lortgagees shall entitled upr uponwrittri writtr request to aa true true copy request to py of aa financial statement of irariia1 staternert of the corporation ccrpoiaton for for the the fiscal f1a1 year year prior edtey praor to the fiezal to Uie fi6alycar year in in which which such such a a request reauest is i made.

-2i-

-

r

sectipn Section

6O6'c 6o6'c 1319 1319

3. Fiscal Year. Thar. The 3. Fiscal The fiscal fiscal year yearof ofthe theAssociatior Aociati

shall be determined determined by by the the board Board of of Directors and hav.n having been been so so irectors and determined, iis stthject subject totochange determined, changefrom fromtime timetototim3 tim3aa n the the Board Board of of Dhectors Director Ebbil hll determine. deternijne.

In In

:h

specific specific

absence of o(

deterrnjnatin. the fiscal ycar determination, calendar year. y'ar shall be the calendar yee.

Section 4.

Merr.bership. Membership.

The Association As5ociatjon shall The shall keep keep and and

maintain in maintain in its its office. office. for for the the transaction transaction of of busins businessthe the name naoe and address of each Member, Mener.

Transfer Transfer

ownership of any Unit Unit c.r or

of of ownership of any

ParceL Parcel ty an Owner Owner shall together with by an shall be be recorded, recoded, together with the date on whjc1 ouch cuch Ownership Ownership wa which was tranaferred, tanferred, in in &cccrdancc accordance with with the the provsion hereof provisions hereof arid and of the tht bec1aratjon. Declaration. Transfer of aa Parcel Parcel Trarfer of

Lessee's ground lease Lescee's lease by by the the Parcel Parcel Leosee shall also aloo kc so Lecee shall recorded. recorded.

tirectcg.

SectIon 5. oard of sàctlon 5. 5oard of irectorg. Unless actions are Uriles specific specifjc actions

reg'.zired to specifia2ly specifically reg'.ired to be be taken taken by by the the Voting Voting Merrthers1 Members, all all such such actIons act1on .may.. taken by by the the Board Za) Scb:taken oard through through its ts proper proper offiocro officers

with or withoutarpecUic .iith crwLthout specfic authorization. authorization. ARTTeL A'LL XIfl XIII NOTICE NOTICE AND A}D HEtRWG NERNc PROCEDURE PROEDUR Section 1. 1.

Suspension of Privi.egs. Suspension of Privileges.

alleged violation alleged violation of of the the

Eyavs, Ey—[aws,

In In the the event event of of an an

Leclaration, the Declaration, the Articles, Artice, these these

the Book Book of of Resolutions the Recolutions or or the Rules arid and Regulations the Rules egulatjons

Adopted hereunder, Adopted hereunder, erd and after after written written notice notice of of such such alleged al1egd fai1ure ía !aflur. veninin U, the emenhlci meniic hereifl is ven hereinprovie provie to t the O"ner or the Cwz-ier or to to

of aa Unit UnitOwner's any member of Ownerre family allecjed tnt te Bc.ard Board

family a1leedtotobe beinin defalt. de(alt,

of of Directcr Directors shall have the the iight. after shU have after the thc aileged Aileged violator has been been given given an an opprtur.ity oppsrtunity for an for an appropriate appropriate hearing upori an er-id upon an affiriative nd vote of the affirrr'atjve voteofofa amajority majority of of all all members members çf tu suspend Eoard, to suspend or or condition Eord, Unit Owrler5 Owners or Conditiofl said Bald Unit

QZ

I.aC'c .eESee's nd anda aUnit Unit OnersFFamiys Owner's ,iiy'

Parcel Parcel

and and tenants tenants' right right to to tht tht

use of of the the Cotuon Cocvon Properties ?roprtis lexcept cxcept for for 0— thM portions portions tnereof

—24—

ar which whch

are re necessary reesary aas aa mea-i means of cf

16064320 1320

irress and inrezs And tn nr egress) egress) And tof.ine fine

prd

guch such Owner. Owner.

ucpcion shall Any cuch rich sucpension shall bbe fcr for a period of not not

ror than more than thirty thirty (30) (30) days days for fox.each eachinfraction i-rration (including (in1udin non— nan-

jaynent of payment of any Assessent after ny Asessrnent after the the sate sate becomes be.com5 delinQutnL). dal1nLkuL). tines may ay be inposed tines imposed for for so so lorl9 long as as the the violation violationcontinues. continues, No NO

Girgle fine single fine shafl. shall exceed exceed the thesu.m sum of of $1,000.00. $1,000.00. The failure of Th failure of

3rd totoentc,rc the Board enforce the regulations,these theseBy-Laws, the rules ru1e and anregu1At1Dns1 By—Laws.

the the

Article3 or or the the Declaration Dec1araton shall Articles Waiver of Ehall not nDt constitute ccntitute aa waiver

the right right tto enforce enforce the the asmethereaftar, The Th reinedita re dies et ct forth fth above arid otherwise provided provided by above and otherwise by these Dy—Laws or tee Dy-t.awB or by by law lawshall h11 b be

cuu1Atjve arid cumulative and ror none Ehall thall be be ecluBjve, exclusive, However, However1 any individual Unit Owner Owner or or Parcel Parcel Lessee Lesee must must exhaust Unit exhaust all available avai].ablc internal internal

redi re,ôedies oof the the As3ociation Association prescribed by these these prcribd by

y-Law, or By-Laws, or by by

th Rules Ri.L1eG nd nd egu)ations Pe9u)tion3adopte4 AOptec by by the the Association, the beforethat that soiin1 befcre

mer may recr to a court off law Owner may resort relief fror any law for f relief frôr rovicion any provision )ec1aratin1 the the ?trticles, ?rticl1 theEC of the Declaration, these By—Lays, the Book Book oof y-Lvs the

of the

Re1uticrs oor the Resolutions the Rules Rules nd nd regulatjons. egultiors. the The foregoing rczegoin limI— liri-

taticn pertaining to exhausting adinisjatjve renedies shall not ap1y tc the th Board board or or to toany apply to nytember 1'eberwhere where the thecomplaint coplint alleges llegea tatien pertaining th exhautin adiniative rertdies Ghall not

npynrit ofof ?sscssIents. nonpayment SCesgent. Section Section

2 2.

Written Cp1at.

Written Cop1ajnt.

A

harjn totodcterrtine harin terire

rht or r privilege rivi1e; of whether aaright of an an Oner Qner or or any ny of of h1 his Family br FaniUy or tenant2 ('espondent') under tenants ('Pespondent") under th the Declaration or these Dec1ratior or these ?y-Law Dy—Laws should be suspended cnjti0j orr aafine should be ruspendedor or conditioned fine iniposed inipsd £hall shall be b inItiated by the the filing filingof fa written initiated by Complaint written Complaint by by any Owner Ow-er cor by by any ofior of(eroror any iember 51 c( the thc SoLd member withthe the?re5iPresicLd cC oC Directors iretrs with dent of the the Association As5ociatin or dent of orother other Pr presiding emer of dirg rnemer of the the Boa:'. Bca:. The The Comp1Jr1t h1l constitute ccn5t1ttte aa ',rftten Complaint shall 'riter) statemeyt tatmeit of cf charges chars which shall set ct forth forth in in ordinary crdirary and and concise ccncisc languag, ariguag the the acts or omissions or iI5Iors 'ith th Respondent is th which which tie i c1igc, tto the end erkd

i

CIiargc1,

the

that that the the Respcnderit Respcndent will vifl be be able able tD to prepare prepareh h defense defecse The Th Ccmp1airt shall ha11 specify specify the specific Complaint Specific provisions proviiDn5 of of the the DeclarDeclaration. the the Articles ation, rtaci, these these fly—Lawn, Ey-Law, the the Book oDk of of

-25-

Resolution" or oluto-j or

ur.

n :46O6 21 .321

Rut

the the

Rules and flegulatior.s R1es and flegulatior 'hich to have have ihich tin th. Respondent Respondent is is alleged to

vjclated but butshall shall not not consist coriist merely violated nere1yof ofcharyss charyec phrased phrased in in the the

of such language o language such provisions provisions without without supporting facts.

of a

Section scevery, After Section3.3. Dtttvery, After initiation initi&ti0n of t proeeedin in proceeding in

entitled

which whch the the Respondent Respondent is LB entitled to to a. & hearing, hearng the the Respondent Respondent aria ama the film9 the the Complajnt the individual film9 Complaint. Upob pom written written reçuest made to reçuest zaa1e

the the

other party1 other party,

prior to to the the hearing hearing and an within, prior wjthiti fifteen fiteet (15) (15)

days after days after service senice by the the Board Board

of biretor Directors of of the of

Complaint or or

within ten (10) days after Service service of any any toended ended or supplemental supplemental

Conlaint, are Comuiajnt, are entitled entitled to to (1) obtain the the namen naen and addresses of 1) obtain addressee of witnesses to the extent known to the other p.rty. and (2) withesses 2) inspect

pty and

inspect

and zrake and make a copy copy of of any anyStaterentE otatertent., wiitin wzitin. and and investigative iriveatigative

repr relevant relevant to to the the subject reports ub5et matter matter offthe thehearing. hearing,Nothing lsth±ng Ln In this Setio however, this SeztSot, shall authorize 1Owever, shall authorl:e the the in6pectjon inepection or copying copying c any writn9 wrtn9 or which is privfleged from from disclosure disclosure by o any or thing thing vhich is privileged by law or r other-wise otherwise made law madeconfidentj], confidential or or protected protected as as work work product. product.

Section 4. Section 4.

Appeals Board. Appeale Board,

The The President President shaU sbaflrefer refer the the

natter to to the the Appeals Appea oard upon upon receipt matter soard receipt of of aa written written complaint Complaint as provided provided in as in Section Section 22 oof this this Article. Article. Jo member of the the IJo member of Appealz Bcarc shall be be & & director o the Appeals Ecar shall director of the Association, Assoeiation nor nor chall shall any emer oof the AppCal9 Board any rember the App4l9 be involved in any Board be involved in any prior priorinves— in,estigi ol the matter matter on on behalf tigacon of the behalf QE of the the Boar reated by board ncr ncr reiated by blood or marria3e tQ blood or marriage to either either the party or or the the Respondthe complaining complaining party respond ent. The eri. The Respondent Respondent ray challenge may challenge any of the the Appeals any member member of Appeals floard hoard for for cause, cause, where heze a fair and impartial hearing irtpartial hearing cannot cannot be be

aUcrded, at afforded, at any any time timeprior prior to to the at the the the taking takLn of of evidence evidence at

In In tha tha event eventof ufsuch sucha achaflenge, chlenge thth. oard ord of of ZlirecDirectors torS shall 5hall mett me cc the 5u1fciency CQ determine decermne the of t:._ t. sutficicncy p1 ha11enge. challenge. hearing. hearing,

If such such challenge chaflenge is is sust3ined, cust3ned. the If the President President shall hall appoint appoint

another arlQther person person to to rep1ace repac the the chalienged chaflenged meraber of the theAppeals Appeals nenber of oarcL card. All decision. decjsjon of the th Board Board of £)iTeCtor Directors in this this regard rear

shill h1l be be final. final.

shall eerjse al other

The Appeai Appa1 Beard board shall enrcise all other

ClCrs reiatnj 'cwersrelatj rig tto the condurt oof th conduct

the the hearjr.. hea-ir..

otie of Harinq

Section ectM1-)5. 5.

he Appealc Appeal Board Notice of Hearing the serve Eoard shall shall 6crVe

a notice asprovided prvjded herein, herein, on a notice off hearjn9 as on all parties at least

i1 parties at 1est

te (10) ten

(10) days daysprior priorto to the te hearir)g. hearing.

Settin

Section F>..

nearing. searing,

(a) (a)

W1enever- the the Appea1 whenever Appeals Board board has to hear ascormtenced conenced to hear the the tiatter tatter and andaameiber memberofofthe theAppeala Appealsoard oardjis forced withforced to withdraypriar priortotoaafinal Lirl determination draw determinAtion by the oar1. the the AppealB Appeals Board, rzan1ng Ier1±)erB r:zaining ha1l cortjr members Ehall contjn tothhear eazthe th cage cageand andthe the hearing hearirg officer ofticer th&11 rp1ac shall replace thethwithdrawing vithdrwingMember. oral Qral evidence evidence thall Ghall be be taken taken only or oath oath or affinnation only on ffirnatin adizinistered dznin1stere by by an ar officer of the officer of the ASBCjZ1tQfl. Association The use u6Cofofaffidavits afLidvitsand ancwritten wjttcn

etr.

izterrcgatorieg irin lieu of oial interrcgatorjes oral teEtiIony testinony Bhall shall be encouraged cciuraed byy the Appeal5 ?oard. Appeals hoard. -

(b)

Each party shall have these the rights to to be b reprights, representeciby resented byCounsel; ccune1; to to c11 call and and exair1c examine titeses; introduce Ltnee; totointroduce xhibitz to cxhibite O-eaine opposing to crogs—earj opposing witnegsen jitneeo on on z' matter

relevant relevant to to th th issues iIUeBeven everthough though thattter was thatmatter in wa not ]lot covered cQvered in

thedirect direct ex iatin totoimpeach the examinatjor,j ipe any ary Wjtne witnes, regardless regArdless of of %h1ehparty paztyfirst fitst called called him Thich to him to testify; tetIfy and arc1totorebut rebutthe t cvicvidnce agaiist dence against him. him. if Respondent does not testify n ME Cvi, om behalf, he may be bc callea behalf, he may examined cA1ljand an1 exaninj as as ififunder urder crOsSoexminatjon. examination.

Thehearing herin need The according to neednot rot be be conducted crducted accozding to tehijca1 rue relatin9 to evidence evjdence snd technical ruies relating id witnesses. w1tnees. Ar.; Ar.;relevant relevant evidence bebeadjtted evidence hfl shall adtjttedififjit is ic the the sort sort ef of evidence evidence on onwhich which reporisjbe percns responsib:e personsare areacu$toed accustomed t rely in the t rely CndL;t condtz;tOo serious erius affairs, affairs, regardie5 regardless of of the the exitenee existence of ( any ccrrnn law any com,ncn law or or statutory rui statutory ruje which -hich niight might nTake itiakeimproper improper tJe the admission of c1 such evidence viderce ever overobjection objection in in civil Ction. flearsay civil actions. flaEayevidenre ev1dere may ay (C) (c)

he used ed for ftr the purpose of

te pirpe c(

5ucpemertj Sucpiementjn9

—27—

or exp1airii; othtr exp1ainig other or

46or- 1323 iaz :46Or

evidence but evidence butEhall shall not riot be sufficient in be cufficient in itnif it,elftotocupport support a a fjnin, unleo finding, unlescititwould wouldbc bead.ijsible atissible over over oMection objection in civil actions. The Th ru1e d privilege rules !nd privilege shall ha11 be be effective effective to to the the extent that they extent that theyare are otherwise otherwise required required by statuta recogtatta totobeberecognize at nized at the the hearizig, hearthg, and and irrelevant and unduly irrelevant and undulyrepetitiou repctitiou evidence shall hA1l be be e,ccluded. cuded. (d) neither the (d) Neither the accusing accuzir.g Owner Owner nor nor the the allcgedly allegedly defauting O1Jner nuct b defaulting Owner muct beinin attendance attendancaatat the the h.aring. hearing. The

hearing shall be open open to attendanceby byall allVoting to attendanc, Voting Members. Members. In In renderingsa dcisiori dcieiori,official official notice rendering may be notice may betaken takenat at any any tine tine of of any accepted matter matter any, genera..tjy generally accepted

within the the Declaration, t)eclaration, the the Articla, these Articies, these Dy—Laws, thePo)c Bookof ofRe&olutions, Resolutions, the the Ruice Rules aM y-Lws, the and eg-ulations or the Regulations the workings oringc of of the the Association. ?ssociation. Section 7, Section 7.

Dciiozi. Deciion.

Th Apeal5 :hG Appeals

gill

prepare prepare written findings of tact and recos.mendat.ona recornj,endtionsfor cr conBideretiDn considerationby by Board Board

'aSh

written findina of tact and the the board Board of he ppea2s ppe of Directors. The Board take its Board ohall ahali. make its deterdetermination only in in accordance accordancewith withthe theevidence evidencepreente presentedto to it it 4nd and ir acordance cordare with with these t2iee By-Laws. By-La. After in After all al tetiiony dcitestimony aM aM docuzentazy evicenoe has be mentary evidence has been pretented the Appel presented to to the oard, the Appeals Board, the Appeale Board hoard &hahl shall vote Appeals vote by by secret Eecret written ballot ballot \1Ofl ipon the matter, rrtatter. with with a majority of thu th entire entLre Appeals Appaa Woard oard controlling. controlling. copy of the findings and rec rendatjctcopy of the findings and reco,uendatjons of of the the Appeal& Appeals oard oard shell be posted shall be by the the Board Board of ofDirectors Diretor at posted by at aa conspicuous conspicuous place on on the the Conron Coruton?roperties, Properties, and and aacopy copy Ghall 6h411 be be served served by the the Fresident on each president on party each party inn the the matter matter ar-id and hin hie attorney, any. attorney, 11any. fliciplinary action actcDn and and fines flisciplinary fines undcr '.nder the the Declaration Decaratjon1 these tiese By-Laws, the By—Laws, Book of the nook of Resolutions Resolutjns or 0r the Ru'es ules and nd Regulations Reguations ia2tbebeimposed irnpoed only only by a2t the Board of Dir-ctor by thc board of in accordand in accerdDir'ctors, arid ance with ance the finding, .zith th flndinc a4 andreconmendatjons rcoznendaticn of the the Appe2s ppeas Doard. Doad. Thc Board The BOard of Directors Directors may nay adopt adopt the the recorwendatjons rcotu1endatons of the Apceals oard in peals Board in their ther entirety, entirety, or or the Board board may nay reduce reduce the the oposel penalty anr adopt proposeri penalty an adopt the balance of the recotv,iendatjon. the balance of the In recoruendation. In

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4r1324 no no event event abaSh shall the theBoard boon impcse impose more core stringtnt atringrnt disciplSn&ry di000phinory eotiv. AppeaSe brood. actios.thom thanrecommended tecomjnendedbybythethe Appeals Board. The The deoiaion decision of andand ehell be erO-ead booS the Bocd Boardshall shallbebeininaritiog writing shall be g&rved adpasteS pocte in tJe sane manner n the recommendations ot thn tha thefindings findingaand cod recococeodatiora of AppeaSe board. Appeals Board.The ThemAiden decisionofofthe the board Board of ofhireetord Director! chafl ehell become beonmeeeffective ffeotive ten too (10) (10) daya ic served apon the daysafter afteritit is ser'ood upon Respondent, unlessothoroiae cthtndn ordered of Reepondont, onleac ordered in Amwriting writingby bythe theBoard board of tireot-.ora. The board tjirectors. a reconsideration board &y cayorder orderare000s jderatjon at at any any time doe within fifteen fifteen (15) (15) daye days mohboing following roe-vine er-vioe of the ofits ftcdecision decsioo on the portico on its ovn non 000foo 000wpetition petition by 0y a party. party. parties o 3ts moto ororupon

teecocnr

WE OEREOY HEREBY CERTIFY CERTIFY YbAS ThAt the the foregoingBy-taws foregoingoy-Z.aweofofthe theAssocibacon-

etioo were eeoc doly the Board poard of Direotora of the atjon duly adopted adapted by the Directors oX the AasoeiAssociadore on the ________ day ation dey of __________________ 19

r'y

pproved

;2rZi President hA

-

Secretory Secretary

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