 |
HOME -See Revised XI effective June 2011 ! Guidelines BY-LAWS Of the ASCENSION TRACE HOME OWNERS ASSOCIATION, INC.
ARTICLE I Name and Location II Definitions III Membership IV Property Rights: Rights of Enjoyment V Board of Directors: Selection: Term of Office VI Meeting of Directors VII Powers and Duties of the Board of Directors VIII Committees IX Meetings of Members X Officers and Their Duties XI Assessments XII Books and Records XIII Corporate Seal XIV Amendments XV Making and Enforcing Rules and Regulations XVI Miscellaneous NAME AND LOCATION The name of the corporation is ASCENSION TRACE HOME OWNERS ASSOCIATION, INC., hereinafter referred to as the “Association.” The principal office of the corporation shall be located in DARROW, LA but meetings of members may be held at such places as may be designated by the Board of Directors.
ARTICLE II DEFINITIONS SECTION 1 “Association” shall mean and refer to the ASCENSION TRACE HOME OWNERS ASSOCIATION, INC., its successors and assigns. SECTION 2 “Properties” shall mean and refer to that certain real property described in the Declaration of Covenants, Conditions and Restrictions, and such additions thereto as may hereafter be brought within the jurisdiction of the Association. SECTION 3 “Common Area” shall mean all real property owned or leased by the Association for the common use and enjoyment of the members of the Association. SECTION 4 “Lot” shall mean and refer to any plot of land shown upon any recorded subdivision plat relating to the Properties, excepting the Common Area. SECTION 5 “Supplementary Declaration” shall mean any declaration of covenants, conditions, and restrictions which may be recorded by the Declarant or Developer, which contains such complementary provisions in relation to a Parcel as are authorized herein and required for the general welfare of Owners. SECTION 6 “Declaration” shall mean and refer to the Declaration of Covenants, Conditions, and Restrictions dated May 2007, recorded in the Office of the Recorder of Deeds of Ascension Parish, Gonzales, LA., as 00669436 on May 2007. SECTION 7 “DUES” as used in these BY-Laws, shall refer to the annual assessment provided for in the Declaration of Covenants, Conditions, and Restrictions applicable to specific geographic area in Darrow, LA. SECTION 8 “Builder or Builders” shall mean a residential construction contractor, whether an individual, partnership or corporation, designated by Ascension Parish as a builder of residences within the properties, but only while serving in such capacity as to any lot upon which said residential construction is in progress. SECTION 9 “Single Family Residential Unit” shall mean a single dwelling located upon a lot or lots within the properties. SECTION 10 “Awnings” No awnings or sunscreen of any type shall be affixed to any home of residence without the written consent of the Architectural Review Board or Alteration Review Committee. SECTION 11 “Temporary Structures” No structure of temporary character, including a trailer, basement, tent, shack, garage, barn or other outbuilding shall be constructed or used on any lot, at any time, as a residence. SECTION 12 “Outbuildings” No outbuilding, storage shed or other detached structure appurtenant to a residence may be erected on any lot without the consent, in writing, of the Architectural Committee or Board of Directors. SECTION 13 “Lakes” Shall mean all water impounded within the properties, except swimming pools. Lakes, being owned by the Association for the common use and enjoyment of the members of the association, are considered Common Area and are subject to the same Property Rights as are other Common Areas.
ARTICLE III MEMBERSHIP SECTION 1, MEMBERSHIP. Every person who is an owner, as heretofore defined, shall be a member of the Association. The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation. No Owner shall have more than one membership. Membership shall be appurtenant to and may not be separated from ownership of any Lot or single family dwelling.
SECTION 2, SUSPENSION OF MEMBERSHIP. During any period in which a member shall be delinquent in the payment of any annual, special or parcel assessment levied by the Association, or other amount due the Association, the voting rights and other rights of the member to use of the Association facilities may be suspended by the Board of Directors until such assessment or other amount due has been paid. Such rights of a member may also be suspended, after notice and hearing, for a period not to exceed ninety (90) days, for violation of any rules and regulations established by the Board of Directors governing the use of the Common Area and facilities or for the violation of any rules and regulations established by the Board of Directors to facilitate the enforcement of use restrictions and other covenants filed of record and relating to lots or other property owned by such members.
ARTICLE IV PROPERTY RIGHTS: RIGHTS OF ENJOYMENT SECTION 1, USE AND DELEGATION OF USE. Each member shall be entitled to the use and enjoyment of the Common Area and facilities as provided in the Declaration. Any member may delegate his rights of enjoyment of the Common Area and facilities to the members of his family, his tenants or contract purchasers who reside on the Property. Such member shall notify the secretary in writing of the names of such delegates. The rights privileges of such delegate are subject to suspension to the same extent as those of the member.
SECTION 2, FEES, CHARGES AND FINES. In accordance with Section D of these By-Laws the Association may charge reasonable admission and other fees for the use of any Association facilities situated upon the common area, and assess fines and charges for the abuse of the privilege of using the common area. SECTION 3, RIGHT TO VOTE. As a vital part of the Common Area owned by the Ascension Trace Home Owners Association, Inc. for the use and enjoyment of members, the sale or transfer of water from the pond to any person, entity or property outside ATHA boundaries must first be approved subject to such conditions as agreed to by members with an affirmative vote of two-thirds (2/3) of all eligible members. These by-law provisions shall be applied prospectively. ARTICLE V SECTION 2. METHOD OF NOMINATION AND ELECTION. Candidates for election shall file a petition of candidacy, signed by not less than twenty (20) members of the Association, with the Election Committee at least thirty (30) days prior to the annual meeting. The Election Committee shall provide all members with a ballot containing the names of all bona fide candidates not less than ten (10) days prior to the annual meeting. Such ballot may be provided in any manner approved by the Board of Directors which is reasonably expected to reach the members. Election to the Board of Directors shall be by secret written ballot. At such election each member (in person or by absentee ballot) may cast one vote for each director to be elected. Candidates receiving the largest number of votes shall be elected. Cumulative voting is not permitted. Any tie will be broken by a run-off election. SECTION 3. CLASSES AND TERMS. At the membership meeting of the Association held in November, 2007, three (3) directors shall be elected for a term of three (3) years, three (3) directors shall be elected for a term of two (2) years, and three (3) directors will be elected for a term of (1) year. At the annual membership meeting of the Association held in November, 2008, three (3) directors shall be elected to replace the three (3) "At Large" directors. At the November, 2009 annual membership meeting of the Association, there shall be elected three (3) directors for a term of three (3) years to replace the three (3) "At Large" directors whose terms would ordinarily expire, to be elected by the total membership. This election sequence would then follow each year thereafter with the annual election of three (3) directors. At each successive annual meeting of the membership of the Association, vacancies on the Board shall be filled in a like manner and the number of directors shall remain at nine (9) until changed in conformity with the applicable statutes and By-Laws of the Association. The directors shall be elected thereafter for a term of three years and shall serve until their successors have been elected and qualified. SECTION 5. COMPENSATION. No director shall receive compensation for any service he may render to the Association. However, any director may be reimbursed for his actual expenses incurred in the performance of his duties; as approved by the Board. SECTION 6. 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. SECTION 7. QUALIFICATION. In order to qualify as a member of the Board of Directors, a director must be a member of the Ascension Trace Home Owners Association as defined in Article II, Section 9 of the By-Laws and in good standing. Further, in the event any member of the Board of Directors files an action at law against Ascension Trace Home Owners Association or the directors, it shall be grounds for resignation or removal by the remaining directors under the provisions of Article V, Section 4. ARTICLE VI SECTION 2. SPECIAL MEETINGS. Special meetings of the Board of Directors shall be held when called by the president of the Association, or by any two directors, after not less than twenty-four (24) hours written or verbal notice to each director at their home address.
SECTION 3. QUORUM. A majority of the number of directors shall constitute a quorum for the transaction of business. Every act or decision done or made by a majority of the directors present at a duly held meeting at which a quorum is present shall be regarded as the act of the Board. Proxies shall not be accepted to make a quorum or as vote(s) for any business conducted by the ATHA Board of Directors. ARTICLE VII (a) To adopt and publish rules and regulations governing the use of the Common Area and facilities, and the general conduct of the members and their guests thereon, and to insure compliance with use restrictions and other provisions of the Declaration and any applicable Supplementary Declarations in posing duties, obligations, and standards, upon the owners of lots, parcels, and other land within the Properties, and to establish penalties for the infraction thereof; SECTION 2. DUTIES. It shall be the duty of the Board of Directors: (a) To cause to be kept a complete record of all its acts and corporate affairs and to present a statement thereof to the members at the annual meeting of the members or at any special meeting, when such statement is requested in writing by one-third (1/3) of the members who are entitled to vote; (2) To fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period, as hereinafter provided in Article XI, and, ARTICLE VIII (a) The Board shall appoint an Elections Committee no later than three (3) months prior to the annual meeting date. The Committee shall consist of a chairman who may not be a director, and at least six (6) members, none of whom shall be candidates for office. It shall be the duty of the Committee to provide supervision of the nomination and election of directors in accordance with procedures adopted by the Board. SECTION 2. EXECUTIVE COMMITTEE. The Executive Committee shall consist of the President, Vice-President, Treasurer, and Secretary. The Vice-President shall chair the Executive Committee. The purpose of the Committee is to facilitate the work of the Board of Directors by acting on those matters delegated by the Board. The Executive Committee will usually meet 7-10 days prior to the regular meeting of the Board of Directors. SECTION 3.OTHER COMMITTEES. In addition to the foregoing, the Board of Directors shall appoint other committees as deemed appropriate in carrying out its purposes. ATHA Board of Directors may not serve as a voting member of any ATHA Administrative or Advisory Committee. However, Board members may serve on ATHA Ad Hoc Committees, upon ratification by the full Board of Directors. SECTION 2. SPECIAL MEETINGS. Special meetings of the 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-third (1/3) of all of the votes of the entire membership. SECTION 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, or supplied by such member to the Association for the purpose of notice. Such notice shall specify the place, day and hour of the meeting and, in the case of a special meeting, the purpose of the meeting. Publication in the Association's official newsletter shall satisfy the above requirements of written notice. Further, notice of rule changes, By-Law amendments, meetings or other required communications of the Association shall be satisfied by publication of same in the Association's official newsletter, unless otherwise required in the Covenants, Conditions & Restrictions. SECTION 4. QUORUM. Unless otherwise provided in the Declaration, Articles of Incorporation or these By-Laws, the presence at the meeting of members entitled to cast, one-third of the votes of the Single Family Occupant (where applicable) shall constitute a quorum for any action. If, however, such quorum shall not be present or represented at any meeting, the members entitled to vote thereat shall have power to represent them in their absents without notice and notify the absent members. SECTION 2. ELECTION OF OFFICERS. The election of officers shall take place the first meeting of the Board of Directors following each annual meeting of the members. SECTION 3. TERM. The officers of this Association shall be elected annually by the Board and each shall hold office for one (1) year unless he shall sooner resign, or shall be removed, or otherwise disqualified to serve. Elected ATHA Board Officers shall not serve more than two (2) consecutive years in the same office. SECTION 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. SECTION 5. RESIGNATION AND REMOVAL. Any officer may be removed from office with cause by the Board. Any officer may resign at any time be giving written notice to the Board, the president or the secretary. Such resignation shall take effect on the date of receipt of such notice or at any later time specified therein, and unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective. SECTION 6. VACANCIES. A vacancy in any office may be filled in the manner prescribed for regular election. The officer elected to such vacancy shall serve for the remainder of the term of the officer he replaces. SECTION 7. MULTIPLE OFFICES. The offices of secretary and treasurer may be held by the same person. No person shall simultaneously hold more than one of any of the other offices except in the case of special offices created pursuant to Section 4 of this Article.
SECTION 8. DUTIES. The duties of the officers are as follows: (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; shall sign all leases, mortgages, deeds and other written instruments. SECTION 9. EXCULPATION. No director or officer of the Association shall be liable for facts or defaults of any other officer or member or any loss sustained by the Association or any member thereof, unless the same has resulted from his own willful misconduct or negligence. SECTION 10. INDEMNIFICATION. Every director, officer, and member of the Association shall be indemnified by the Association against all reasonable costs, expenses, and liabilities (including counsel fees) actually and necessarily incurred by or imposed upon him in connection with any claim, action, suit, proceeding, investigation, or inquiry of whatever nature in which he may be involved as a party or otherwise by reason of having been an officer or member of the Association whether or not he continues to be such director, officer or member of the Association at the time of the incurring or imposition of such costs, expenses, or liabilities, except in relation to matters as to which he shall be finally adjudged in such action, suit, proceeding, investigation or inquiry to be liable for willful misconduct or negligence toward the Association in the performance of his duties, or in the absence of such final adjudication, and determination of such liability by the opinion of legal counsel selection by the Association. The foregoing right of indemnification shall be in addition to and not in limitation of all rights to which such persons may be entitled as a matter of law and shall inure to the benefit of the legal representatives of each person . ARTICLE XI SECTION 2. PURPOSE OF ASSESSMENTS. (a) ANNUAL ASSESSMENTS. The annual assessments levied by the Association shall be used exclusively for the purpose of promoting the recreation, health, and safety of the residents in Ascension Trace, and in particular for the improvements of the neighborhood, services and facilities if any devoted to this purpose and related to the use and enjoyment of the Common Area, and of the buildings situated if any upon the Properties, including, but not limited to, the payment of taxes and insurance on facilities provided by the Association for the common use of the residents and for repair, replacement and additions thereto, and for the cost of labor, equipment, materials, management and supervision thereof, toward the installation and maintenance of parks (if affordable) and lighting, for the security and for the maintenance and improvement of pond, and for any other purpose which is necessary or desirable for the maintenance and improvement of the Common Area or which is to be of general benefit to the neighborhood.
SECTION 3. ANNUAL ASSESSMENT. Subject to the provisions of Section 3, and Section 4 of this Article, and applicable provision of the Declaration, the annual assessment, as determined by the Board of Directors of the Association, shall be $225.00 for each Property. SECTION 6. QUORUM FOR ANY ACTION AUTHORIZED UNDER SECTIONS 2 AND 3 At the first meeting called, as provided in Sections 2 (c) and 3 (b) hereof, the presence at the meeting of members or of proxies entitled to cast 60% of all the votes of the membership shall constitute a quorum. If the required quorum is not forthcoming at any meeting, another meeting may be called, subject to the notice requirement set forth in Sections 2 and 3, and the required quorum at any such subsequent meeting shall be one half of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting. SECTION 7. DATE OF COMMENCEMENT OF ANNUAL ASSESSMENTS--DUE DATES. The annual assessments provided for herein shall commence as to all Lots/Dwellings heretofore enumerated on the first day of the month following the conveyance of such Lots. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The Board of Directors shall fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every Owner subject thereto. The due dates shall be established by the Board of Directors. The Association shall upon demand at any time furnish a certificate in writing signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid. A reasonable charge may be made by the Board for the issuance of these certificates. Such certificate shall be conclusive evidence of payment of any assessment therein stated to have been paid. SECTION 8. EFFECT OF NONPAYMENT OF ASSESSMENTS--REMEDIES OF THE ASSOCIATION. Any assessments which are not paid when due shall be delinquent. If the assessment is not paid within thirty (30) days after the due date, the assessment shall bear interest from the date of delinquency at the rate of 8% per annum, and the Association may bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien against the property, and interest, costs, and reasonable attorney's fees of any such action shall be added to the amount of such assessment. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Area or abandonment of his Lot or other property. SECTION 9. SUBORDINATION OF THE LIEN TO MORTGAGES. The lien of the assessments provided for herein shall be subordinate to the lien of any mortgage or mortgages. Sale or transfer of any Lot or land shall not affect the assessment lien. However, the sale or transfer of any Lot or land which is subject to any mortgage, pursuant to a decree of foreclosure under such mortgage or any proceeding in lieu of foreclosure thereof, shall extinguish the lien of such assessments as to payments thereof which became due prior to such sale or transfer. No sale or transfer shall relieve such Lot or land from liability for any assessments thereafter becoming due or from the lien thereof. SECTION 10. EXEMPT PROPERTY. The following property subject to this Declaration shall be exempt from the assessments created herein: (a) all properties dedicated to and accepted by a local public authority; (b) the Common Area; and (c) all properties owned by a charitable or nonprofit organization exempt from taxation by the laws of the State of Louisiana. However, no land or improvements devoted in whole or in part to dwelling shall be exempt from said assessments. SECTION 11. APPLICATION OF PAYMENTS. Payments received by the Association from members in payment on members' accounts shall be first applied to sums due the Association which may not be made the subject of a lien against the members' property. The balance of any payment shall then be applied against lienable items due. ARTICLE XII ARTICLE XIII ARTICLE XIV (a) By a vote of two-thirds (2/3) of the Board of Directors at any meeting of the directors duly called for that purpose, providing notice of the meeting and the proposed amendments has been given to the members at least fifteen (15) days prior to the meeting, or; SECTION 2. In the case of any conflict between the Article of Incorporation and these By-Laws, the Articles shall control; and in the case of conflict between the Declaration and these By-Laws, the Declaration shall control. ARTICLE XV SECTION 2. PROMULGATION OF RULES AND REGULATIONS. Rules and regulations shall be promulgated by a majority vote of the duly elected members of the Board of Directors. Such action shall take place at a regular meeting of the Board of Directors at least ten (10) days subsequent to the meeting of the Board of Directors at which the rules and regulations are initially introduced for passage, provided, however, that an affirmative vote of two-thirds of the members of the Board of Directors may enact rules and regulations at the regular or special meeting at which such rules and regulations are first introduced for consideration. Within thirty (30) days of the vote of the Board of Directors enacting new rules and regulations, the secretary shall cause notice thereof, consisting of the full text of such rules and regulations, to be mailed to all members of the Association, postage prepaid, at the last known address of each such member. SECTION 3. EFFECTIVE DATE OF RULES AND REGULATIONS. Rules and regulations shall become effective ten (10) days after the notice of the enactment thereof is mailed to members in accordance with the provisions of Section 2, next above. SECTION 4. FINES, SUSPENSIONS AND OTHER SANCTIONS. Members violating duly promulgated rules and regulations shall be subject to sanctions in accordance with the terms and provisions of such rules and regulations. Such sanctions may include, but shall not necessarily be limited to: (a) Suspension from the privileges of membership, to include the right to vote and the right to use and enjoy all or part of the Common Area, for a period not to exceed ninety (90) days for each such violation. SECTION 5. PROCEDURE FOR IMPOSING SANCTIONS. Whenever violations of rules and regulations promulgated by the Board of Directors justify the imposition of sanctions pursuant to Section 4, next above, such sanctions shall be imposed only in accordance with the following procedure: (a) When a member has committed a single offense justifying the imposition of sanctions, he or she shall be given written notice of the alleged offense(s), and the sanction to be imposed, by the Board. (h) Upon receipt of the decision of the Board of Directors by the member(s) the sanctions contained therein shall be effective. SECTION 6. ENFORCEMENT OF SANCTIONS. All members are deemed to have given their implied consent to the authority of the ATHOA to impose reasonable rules and regulations upon them and their licensees and guests when they purchased or occupied property subject to the Declaration. Such consent includes the right of the Association to suspend or curtail access to the Common Area and impose fines and other reasonable sanctions for the violation of duly promulgated rules and regulations. Failure to abide such sanctions may therefore result in: (a) A civil action in any Court of competent jurisdiction, and the recovery costs and reasonable attorney's fees from the non-complying member(s). SECTION 7 PENALTY FOR DISREGARDING SANCTIONS. In addition to the methods enumerated in Section 6, next above, for enforcing sanctions, each day during which a member disregards or fails to comply with duly imposed sanctions shall be regarded as a new and separate violation of the rules and regulations of the Association and shall, upon notice and hearing, as herein before provided, result in a fine or suspension equal to the total fine or suspension, if any, originally imposed against the member(s) disregarding such sanctions. ARTICLE XVI
CERTIFICATE
I the undersigned do hereby certify: That I am the duly elected and acting secretary of the Ascension Trace Homeowners Association and that the above By-Laws of the Ascension Trace Homeowners Association are the current By-Laws as of January 1, 2008.
______________________________________________
|
||
