Rules governing how the HOA operates.
BYLAWS OF SUNLAND RANCHES HOMEOWNERS ASSOCIATION
1. NAME AND LOCATION
The name of the corporation is Sunland Ranches Homeowners Association, hereinafter referred to as the “Association”. The principal address is PO Box 3986, Arizona City, Arizona 85123, but meetings of members and directors may be held at such places within the State of Arizona, County of Pinal, as may be designated by the Board of Directors.
2. DEFINITIONS
The words and terms used herein shall be deemed to have the same meanings as are given those words and terms in the Declaration of Covenants, Conditions and Restrictions of Sunland Ranches, herein referred to as the “Declaration”, which is of record in the Official Records of Pinal County Recorder, Arizona, as Document No. 2000-016526, as the same may be supplemented or amended from time to time, or in the Articles of Incorporation of Sunland Ranches Homeowners Association.
3. MEETING OF MEMBERS
3.1. Annual Meetings: Annual meetings of the members shall be held on the third or fourth Saturday in the first month of the calendar year, at an hour set by the President of the Board of Directors for such meetings. If the day for the annual meeting of the members is a legal holiday, the meeting will be held at the same hour on the Saturday following which is not a legal holiday.
3.2. Special Meetings: Special meetings of members may be called at any time by the President or by the Board of Directors, or upon written request of the members who are entitled to vote one-fourth (1/4) of all of the votes of the membership.
3.3. Notice of Meetings: Written notice of each meeting of the members shall be given by, or at the direction of, the Secretary or person authorized to call the meeting, by mailing a copy of such notice, postage prepaid, at least fifteen (15) days before such meeting to each member entitled to vote thereat, addressed to the member’s address last appearing on the books of the Association, supplied by such member to the Association for the purpose of notice. Such notice shall specify the place, day, and hour of the meeting, and, in the case of a special meeting, the purpose of the meeting.
3.4. Quorum: The presence at the meeting of members entitled to cast, or of proxies entitled to cast, one-tenth (1/10) of the votes of the membership shall constitute a quorum for any action except as otherwise provided in the Articles of Incorporation, the Declaration, or these Bylaws. If, however, such quorum shall not be present or represented at any meeting, the members entitled to vote thereat shall have power to adjourn the meeting from time to time, without notice other than announcement at the meeting, until a quorum as aforesaid shall be present or be represented.
3.5. Proxies: At all meetings of members, each member may vote in person or by proxy. All proxies shall be in writing and filed with the Secretary. Every proxy shall be revocable and shall automatically cease upon conveyance by the member of his/her Lot.
4. BOARD OF DIRECTORS; SELECTION; TERM OF OFFICE
4.1. Number: The affairs of this Association shall be managed by a Board of not less than two (2), not more than five (5) Directors who must be members of the Association. The number of Directors may be fixed or changed, from time to time, within the minimum and maximum, by the Board of Directors.
4.2. Term of Office: Members will elect to the Board of Directors members from within the Association for a term of three (3) years. The terms of office shall be staggered. The terms of at least three (3) Directors shall continue to be staggered.
4.3. Removal: Any Director(s) may be removed from the Board, with or without cause, by a majority vote of the members. In the event of death, resignation or removal of a Director, his/her successor shall be selected by the remaining members of the Board and shall serve for the unexpired term of his/her predecessor.
4.4. Compensation: No Director shall receive compensation for any services he/she may render to the Association. However, any Director may be reimbursed for his/her actual expenses incurred in the performance of his/her duties.
4.5. Action Taken Without a Meeting: The Directors shall have the right to take any action in the absence of a meeting which they could take at a meeting by obtaining the written approval of all the Directors. Any action so approved shall have the same effect as though taken at a meeting of the Directors.
5. NOMINATION AND ELECTION OF OFFICERS
5.1. Nomination: Nomination for election to the Board of Directors may be made by the Board of Directors prior to or at any annual meeting. In addition, any member may nominate one or more candidates for the Board of Directors from the floor at the annual meeting. Such nominations may be made only from the members of the Association.
5.2. Election: Election to the Board of Directors shall be by secret written ballot. At such election the members or their proxies may cast, in respect to each vacancy, as many votes as they are entitled to exercise under the provisions of the Declaration. The persons receiving the largest number of votes shall be elected. Cumulative voting is not permitted.
6. MEETINGS OF DIRECTORS
6.1. Regular Meetings: Regular meetings of the Board of Directors shall be held monthly without notice, at such place and hour as may be fixed from time to time by resolution of the Board. Should said meeting fall upon a legal holiday, then that meeting shall be held at within one (1) week after the regularly scheduled meeting.
6.2. Special Meetings: Special meetings of the Board of Directors shall be held when called by the President of the Association, or by any one (1) Director, after not less than three (3) days notice to each Director.
6.3. Quorum: Two (2) Directors shall constitute a quorum for the transaction of business. Provided, however, if five (5) Directors ever constitute the Board of Directors, three (3) Directors shall constitute a quorum for the transaction of business. Every act of decision done or made by the Directors at a duly held meeting at which a quorum is present shall be regarded as the act of the Board.
7. POWERS AND DUTIES OF THE BOARD OF DIRECTORS
7.1. Powers: The Board of Directors shall have power to:
7.1.a. adopt and publish rules and regulations governing the use of the Common Areas and facilities, and the personal conduct of the members and their guests thereon, and to establish penalties for the infraction thereof;
7.1.b. suspend the voting rights and right to use of the recreational facilities, if any, of a member during any period in which such member shall be in default in the payment of assessment levied by the Association (HOA fees). Such rights may also be suspended after notice and hearing, for a period not to exceed sixty (60) days for infraction of published rules and regulations;
7.1.c. exercise for the Association all powers, duties and authority vested in or delegated to this Association and not reserved to the membership by other provisions of these Bylaws, the Articles of Incorporation, or the Declaration; and
7.1.d. declare the office of a member of the Board of Directors to be vacant in the event such member shall be absent from three (3) consecutive regular meetings of the Board of Directors.
7.2. Duties: It shall be the duty of the Board of Directors to:
7.2.a. cause to be kept a complete record of all it acts and corporate affairs and to present a statement thereof to the members at the annual meeting of the members, or at any special meeting which such statement is requested in writing by one-fourth (1/4) of the members who are entitled to vote;
7.2.b. supervise all officers, agents and employees of this Association, and to see that their duties are properly performed;
7.2.c. as more fully provided in the Declaration, to fix the amount of the annual assessment (HOA fees) against each Lot for each annual assessment period, notify the Owners of such assessment amounts, and collect the same, together with any late payment penalties, fees costs or interest;
7.2.d. issue, or to cause an appropriate officer to issue, upon demand by any person, a certificate setting forth whether or not any assessment has been paid. A reasonable charge may be made by the Board for the issuance of these certificates. If a certificate states an assessment has been paid, such certificate shall be conclusive evidence of such payment.
7.2.e. procure and maintain adequate liability and hazard insurance on property owned by the Association;
7.2.f. cause all officers or employees having fiscal responsibilities to be bonded, as it may deem appropriate;
7.2.g. cause the Common Area to be reasonably maintained; and
7.2.h. sign checks in excess of Five Hundred Dollars ($500.00) and checks for non-routine expenses, in accordance with the requirements of Section 8.8 of these Bylaws.
8. OFFICERS AND THEIR DUTIES
8.1. Enumeration of Offices: The officers of this Association shall be a President, who shall at all times be a member of the Board of Directors, a Secretary, and a Treasurer, and such other officers as the Board may from time to time by resolution create.
8.2. Election of Officers: The election of officers shall take place at the first meeting of the Board of Directors following each annual meeting of the members.
8.3. Term: The officers of this Association shall be elected annually by the Board and each shall hold office for three (3) years unless he/she shall sooner resign, or shall be removed, or otherwise be disqualified to serve.
8.4. Special Appointments: The Board may elect such other officers as the affairs of the Association may require, each of whom shall hold office for such period, have such authority, and perform such duties as the Board may, from time to time, determine.
8.5. Resignation and Removal: Any officer may be removed from office with or without cause by the Board. Any officer may resign at any time giving written notice to the Board, the President or the Secretary. Such resignation shall take effect on the date of receipt of such notice or at any later time specified therein, and unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective.
8.6. Vacancies: A vacancy in any office may be filled by appointment by the Board. The officer appointed to such vacancy shall serve for the remainder of the term of the officer being replaced.
8.7. Multiple Offices: The offices of Secretary and Treasurer may be held by the same person. No person shall simultaneously hold more than one (1) of any of the other offices except in the case of special offices created pursuant to Section 8.4 of this document.
8.8. Duties: The duties of the officers are as follows:
8.8.a. President: The President shall preside at all meetings of the Board of Directors; shall see that orders and resolutions of the Board are carried out and shall sign or co-sign written documents on behalf of the Association.
8.8.b. Secretary: The Secretary shall record the votes and keep the minutes of all meetings and proceedings of the Board and of the members; keep the corporate seal of the Association and affix it on all papers requiring said seal; serve notice of meetings of the Board and of the members; keep appropriate current records showing the members of the Association together with their addresses, and shall perform such duties as required by the Board.
8.8.c. Treasurer: The Treasurer shall receive and deposit in appropriate bank accounts all monies of the Association and shall prepare disbursements of such funds as directed by resolution of the Board of Directors; shall co-sign all promissory notes; shall keep proper books of account and shall prepare an annual budget and a statement of income and expenditures to be presented to the membership at its regular annual meeting, and shall deliver a copy of each to the members.
8.8.d. Association Manager: In those instances where the Board has, by resolution, elected or appointed a manager for the Association, such manager shall be referred to as the Association Manager. The Association Manager may be a natural person or a duly organized legal entity, including without limitation a corporation or limited liability company. The Association Manager (or, if other than a natural person, the Association Manager’s duly authorized representative) shall have authority to sign checks of a routine nature for expense classifications previously approved by the Board and checks of Five Hundred Dollars ($500.00) or less for emergency matters. Checks in excess of Five Hundred Dollars ($500.00) and checks issued to pay non-routine expenses shall be signed by two (2) members of the Board of Directors as set forth in the Articles of Incorporation for Sunland Ranches Homeowners Association.
9. COMMITTEES
The Board of Directors shall appoint such standing and ad hoc committees as it deems appropriate or necessary to carry out its duties.
10. BOOKS AND RECORDS
The books, records, and papers of the Association shall at all times, during reasonable business hours, be subject to inspection by any member. The Declaration, the Articles of Incorporation and the Bylaws of the Association shall be available for inspection by any member at the principal office of the Association, where copies may be purchased at reasonable cost.
11. CORPORATE SEAL
A corporate seal shall not be requisite to the validity of any instrument executed by or on behalf of the corporation, but nevertheless, if in any instance a corporate seal be used, the same shall be, at the pleasure of the officer affixing the same, either (a) a circle having on the circumference thereof “SUNLAND RANCHES HOMEOWNERS ASSOCIATION”, and in the center “INCORPORATED 2000”, or (b) a circle containing the words “CORPORATE SEAL”, on the circumference thereof.
12. AMENDMENTS
12.1. Passage of Amendments: These Bylaws may be amended, at a regular or special meeting of the members, by a vote of a majority of a quorum of members present in person or by proxy.
12.2. Conflict: In the case of any conflict between the Articles of Incorporation and these Bylaws, the Articles shall control; and in the case of any conflict between the Declaration and these Bylaws, the Declaration shall control.
13. MISCELLANEOUS
The fiscal year of the Association shall begin on the first day of January and end on the 31st day of December of every year.
IN WITNESS WHEREOF, we, being all of the Directors of Sunland Ranches Homeowners Association, have hereunto set our hands on day 2011.
________________________
Allan F. Gramando
_________________________
Tom Brigham
__________________________
Peter Burke
CERTIFICATION
I, the undersigned, do hereby certify: That I am the duly elected and acting Secretary of SUNLAND RANCHES HOMEROWNERS ASSOCIATION, an Arizona nonprofit corporation; and that the foregoing Bylaws constitute the amended Bylaws of said Association, as duly adopted at a meeting of the Board of Directors thereof, held on this day 2011.
______________________________
Secretary
Signatures on the original document.
January 4, 2011
Architectural Control Committee Rule #1
Culverts
In pursuant to Article 3, paragraph 3.18 Drainage of the CC&R’s, all property owners are required to have a culvert installed to access their lot. Specifications of the culvert(s) are to be no less than 15 inches in diameter. It is recommended, but not required, that funnel ends be placed on the culvert(s). Culverts must be made of corrugated pipe designed for this use.
When placing the culvert pipe in the bar ditch it cannot be placed so that it is below the level of the bottom of the bar ditch. If two (2) pieces of culvert pipe are used to make a wide driveway entrance, the two (2) pieces must be clamped together with the appropriate collar. The placement of the culvert(s) in the bar ditch must be in a manner that will not hinder or in anyway inhibit the flow of water in the bar ditch.
The culvert must be covered with A B C gravel mixture.
The use of plastic or other types of pipe are prohibited. For those property owners who installed a culvert(s) prior to January 2011 that do not meet this standard, may keep their current culvert(s). However, at the discretion of the HOA Board, if the current culvert impedes the necessary flow of water to the degree that it causes road or bar ditch erosion or silt build up, the property owner can be required to upgrade the culvert(s) to the new standard. Additionally, when property owners need to replace their current culvert(s) for any reason they must be replaced in accordance with the new standard.
December 4, 2011
Architectural Control Committee Rule #2
Animals
The Architectural Control Committee would first like to draw attention to, as it pertains to this rule, the Declaration of Covenants, Conditions and Restrictions of Sunland Ranches, Article 3, Permitted Uses and Restrictions, Item 3.8 Animals: All animals, including dogs, must be kept within a fenced area, encaged, or otherwise controlled and not allowed to wander off or fly about. The care of all animals shall be performed by the Owner in a clean, neat, orderly fashion in accordance with the prevailing customs and methods and in accordance with county and state laws and ordinances: the physical facilities for the same shall also be maintained by the Owner in a clean, neat, orderly fashion in accordance with the prevailing custom and usage so that such facilities shall not become a nuisance to the remaining Owners and shall comply with all requirements of the Pinal County Health Department, other applicable state and county laws and the Architectural Control Committee. At no time will pit bulls, swine, peacocks, fighting chickens, or geese be allowed.