HomeMy WebLinkAboutSettler's Villagey ~f
ARTICLES OF INC ORPORATI ON
OF
SETTLERS VILLAGE HOMEOWNER' S
ASSOCIATION
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In compliance with the requirements of Title 30--Chapter
3, Section 30-301, State of Idaho, the undersigned, all of
whom are real property owners of the State of Idaho and all
of whom are bf full age, have this day voluntarily associated
themselves together for the purpose of forming a corporation
not for profit and do hereby certify:
ARTICLE I.
The name of the corporation is Settlers Village Home-
owner's Association, Inc., hereafter called the."Association".
~~ ARTICLE II
The principal office of the Association is located at the
Settlers Village Subdivision, City of Meridian, County of Ada,
State of Idaho .
{ .; ARTICLE III
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Terrence E. Page, whose address is 910 N. Curtis Rd.,
Boise, Idaho, is hereby appointed the initial registered agent
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of this Association.
r^~; ARTICLE IV
PURPOSE AND POWERS OF THE ASS OCIATI ON
This Association does not contemplate pecuniary gain or
profit to the members thereof, and -the specific purposes for
f which it is formed are to provide for maintenance, preserva-
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tion and architectural control of the residence Lots and Com-
- mon Area within that certain tract of property described ass
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Lots eight (8) through eighteen (18) of Block
I, Lots eight (8) through nine (g) of Block II, Lots
eleven (11 through twelve (i2) of Block II, Lots
one (1) through eight (8) of Block III, Lots one (1) _
'" through ten (10) of Block IV, Lots one (1) through
twenty-four (2~) of Block V, of Settlers Village
Subdivision, Meridian, Idahoa
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and to promote the health, safety, and welfare of the' residents
within the above-described property and any additions thereto
as may .hereafter be brought within the jurisdiction of this
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Association for this purpose toy
~s~, ~ (a) exercise all of.the powers and privileges and
' to pe rform all of the duties and obligations of the Asso-
fi ch~tion as set forth in that certain Declaration of
Covenants, Conditions, and Restrictions, hereinafter
~' called the "Declaration", applicable to the property and
a ~: recorded or to be recorded in the Office of The County
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~ Clerk of Ada County, Idaho and as the same may be amended
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from time to time as therin provided, said Declaration =G
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being incorporated herein as if set forth at length. ~
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(b) fix, levy, collect and enforce payment by any
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- , - lawful means, all__charges or assessments pursuant to the
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3" terms of the Declarations to pay all expenses ,incident
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to the conduct of the business of the Association, in-
eluding all licenses, taxes or governmental charges
levied or imposed against the property of the Associations
(c) acquire (by gift, purchase or other wise), own, hold,
improve, build upon, operate, maintain, convey, sell,
lease, transfer, dedicate for public use or otherwise
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dispose of real or personal property in connection with
'~ the affairs of the Associations
(d) borrow money, and with the assent of two-thirds (2/3) ;;
of each class of members mortgage, pledge, deed in trust,
~y or hypothecate any or all of its real or personal prop-
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erty as security for money borrowed or debts incurreds
(e) dedicate, sell or transfer all or any part of
the Common Area to any public agency, authority, or
utility for such purposes and subject to such conditions
as may be agreed to by the members. No such dedication
br transfer shall be effective unless_an instrument has
been signed by two-thirds~(2/3) of each class of mem-
bers, agreeing to such .dedication, sale or transfers
(f) participate in mergers and consolidations with
other nonprofit corporations organized for the same pur-
poses or annex additional residential property and Common
Area. provided that any such merger, consolidation or
annexation shall have the assent of two-thirds (2/3) of
each class of members
(g) have and to exercise any and all powers, rights
and privileges which a corporation organized under the
Non-Profit Corporation Law of the State of Idaho by
law may now or hereafter have or exercise,
ARTICLE V
MEMBERSHP
Every person or entity who is g record owner of a fee or
undivided fee interest in any Lot which is subject by cove-
~~ nants of record to assessment by the Association, including
contract sellers, shall be a member of the Association. The
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r-== foregoing is not intended to include persons or entities who
hold an interest merely as security for the .performance of an
ry- obligation. Membership shall be appurtenant to and may not
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be separated from ownership of any Lot which is subject to
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._~ assessment by the Association.
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ARTICLE VI
VOTING RIGHTS
The Association shall have two classes of voting membership:
Class A. Class A members sh~.ll be all Owners, with the
exception of the Declarant, and shall be entitled to one vote
for each Lot owned. When more, than one person holds an inter-
est in any Lot, ail such persons shall be members. The vote
for such Lot shall be exercised as the determine, but in no
event shall more than one vote be cast with respect to any Lot.
Class B. The Class B member(s) shall be the Declarant
(as defined in the Declaration), and shall be entitled to
three (3) votes for each Lot owned. The Class B•membership
shall cease and be converted to Class A membership on the
happening of either of the following events, whichever occurs
earlier. When the total votes outstanding in the Class As mem-
bership equal the total votes outstanding in the Class B
membership .
ARTICLE VII
BOARD OF DIRECTORS
The affairs of this Association shall be managed by a
Borad of nine (9) Directors, who need not be members of the
Association. The number and addresses of the persons who are
to act in the capacity of directors until the selection of
their successors•,ares
NAME ADDRESS
Terrence Page 910 N. Curtis Rd.
Boise, Idaho 83704
Dave Dimeo 17350 S .W. Shaw
Aloha, Oregon 97005
Glen Gordon 17350 S.W. Shaw
• Aloha, Oregon 97005
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<. NAME ADDRESS
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Norman Noonan ~ 1001 N. 27th St.
Boise, Idaho 83702
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~~; Bill Blankinship 1001 N. 27th St.
Boise, Idaho 83702 w'
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Gary Bones 3508 S.W. 209th
~ :; Aloha, Oregon 97007
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At the first annual meeting the members shall elect three `~a
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directors for a term of one year, three directors for a term
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of two years and three directo"rs for a term of three years=
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and at each annual meeting thereafter the members shall elect
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{ three directors for a term of three years.
~ ARTICLE VIII•
DISSOLUTION
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~T~ / _. The Association may be dissolved with the assent given
in writing and signed by not less than two-thirds (2/3,)~ of
each class of members . Upon dissolutim of the Association,
}. other than incident to a merger or consolidation, the assets
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agency to be used for purposes similar to those for which this '
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_:: is refused acceptance, such assets shall be granted, con-
3= veyed and assigned to any nonprofit corporation, association,
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' trust or other organization to be devoted to such similar -
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ARTICLE IX
DURATION
The corporation shall exist perpetually.
ARTICLE X
A1VlENDMENTS
Amendment of these Articles shall require the assent of
75 percent (75~) of the entire membership.
ARTICLE XI
FHA/VA APPROVAL
As long as there ds a Class B membership, the following
actions will require the prior approval of the Federal Housing
Administration or the Veterans Administrations annexation
of additional properties, mergers and consolidations, mort-
gaging of Common Area, dedication of Common Area, dissolution
and amendment of these Articles.
IN WITNESS WHEREOF, for the purpose of forming this cor-
poration under the laws of the State of Idaho, we, the under-
signed, constituting the incorporators of this Association,
have executed these Articles of Incorporation this
day of 1980.
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''~~ BY-LAWS
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SETTLERS VILLAGE HOMEOWNER'S. .
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~;. ARTICLE I
><_ NAME AND LOCATION. The ,name of the corporation is t
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Settlers Village Homeowner's Association, Inc., hereinafter
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-° referred to as the "Association." The principal office of
°= the corporation shall be located at Settlers Village Sub-
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. division, Meridian, Idaho, but meetings of members and dir-
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ectors may be held at such places within the State of Idaho, ''~
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County of Ada, as may be designated by the Board of Directors. "
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~- ARTICLE II
~ DEFINITIONS
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~~ Section 1. "Association" shall mean and refer to the
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... Section 2. "Properties" shall mean and refer to that '
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certain real property descrived in the Declaration of Cov- ~..:~1
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thereto as may hereafter be brought within the jurisdiction
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1 of the Association.
t,. 'Section 3. "Common Area" shall mean all real property
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owned by the Association for-the common use and enjoyment of
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Section 4. °'Lot" ghall mean and refer to any plot of -
land shown upon any recorded subdivision map of the Properties '`,
~~ with the exception of the Common Area.
Section 5. '°Owner" shall mean and refer to the record '
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~'" simple title to any Lot which is apart of the Properties,
s``< including contract sellers, but excluding those having such
~. interest merely as security for the performance of an obligation.
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~ Section 6. "Declarant" shall mean and refer to Dsmeo-
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Gordon Enterprises, Inc., its successors and assigns if such
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~~• oped Lot from the Declarant for the purpose of development.
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; Section 7. "Declaration" shall mean and refer to the
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Declaration of Covenants, Conditions, and Restrictions appli-
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cable to the Properties recorded in the Office of the County
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~~ Section 8, "Member" shall mean and refer to those per-
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~`' sons entitled to membership as provided in the Declaration.
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`~ ARTICLE III
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MEETING OF MEMBERS
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"'< Section 1. Annual Meetings. The first annual meeting
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;' of the members shall be held within, one year from the date
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~; of Incorporation of the Association, and each subsequent
~'''~ regular annual meeting of the members shall be held on the
~'~ same day of the same month of each year thereafter, at the
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1'.~'" hour of eight o'clock, P.M. 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 first day following which is not a
a
legal holiday.
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<- Section 2. Special Meetings. Special meetings of the
~. members may be called at any time by the president or by•the
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~r Board of Directors, or upon written request of the members who
r "`f are entitled to vote one-fourth (,-~) of all of the votes of the
Class A membership.
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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
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 meetin, and, in the
case of a special meeting, the purpose of the meeting.
Section 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 each class of membership shall
constitute a quorum for any action except as otherwise pro-
vided in the Articles of Incorporation, the Declaration, or
these By-haws. 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.
Section 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 Lot.
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ARTICLE IV
BOARD OF DIRECTORSa SELECTIONS TERM OF OFFICE
Section 1. Number. The affairs of this Association shall
be managed by a Board of nine. (g) directors, who need not be
members of the Association.
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Section 2. Term of Office. At the first annual meeting Y4
the members shall elect three directors for a term of one
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pY> year, three directors for a term of two years, and three dir-
ectors for a term of three yearsa and at each annual meeting
thereafter the members shall elect three directors for a term
of three years.
~~ Section 3. Removal. Any director may be removed from
the Board, with or without cause, by a majority vote of the
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members of the Association. In the event of death, resig-
nation or removal of a director,.his successor shall be
selected by the remaining members of the Board and shall serve'
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for the unexpired term of his predecessor.
c-: Section 4~. Compensation. No director shall receive
compensation for any service he may render to the Association.
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However, any director may be reimbursed for his actual ex-
k-s~ penses incurred in the performance of his duties .
Section 5. Action Taken Without a Meeting. The directors
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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
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shall have the same effect as though taken at a meeting of
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ARTICLE V
' NOMINATION AND ELECTION OF DIRECTORS
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Section 1. Nomination. Nomination for election to the
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Nominations may also be made from the floor at the annual meet-
ing. The Nominating Committee shall consist of a Chairman,
~~ who shall be a member of the Board of Directors, and two or
more members of the Association. The Nominating Committee
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, shall be appointed by the Boaad of Directors prior to each
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annual meeting of the members, to serve from the close of - =
such annual meeting until the close of the next annual meetinge ~ ;~ -
and such appointment shall be announced at each annual meeting.
~: _
The Nominating Committee shall make as many nominations for
~:
elect-ion to the Board of Directors as it shall in its dis-
cretion determine, but not less than the number of vacancies
F:.' that are to be filled.- Such nominations may be made from
?exp. among members or non-members .
Section 2. Election. Election to the Board of Directors
shall be by secret written ballot. At such election the mem-
begs 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. ~;
~,, ARTIC~,E VI
~y~
~
- " MEETINGS OF DIRECTORS
_ Section 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
k. legal holiday, then that meeting shall be held at the same time
on the next day which is not a legal holiday..
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 three (3) days notice to each director.
Section 3. Quorum. A majority of the number of direc-
tors shall constitute a quorum for the transaction of business.
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Every act or decision done or made by a majority of the dir-
ectors present at a duly held meeting at which a quorum is
present shall be regarded as the act of the Board.
'~ ARTICLE VII
~>
s.
POWERS AND DUTIES OF~THE BOARD OF DIRECTORS
Section 1. Powers. The Board of Directors shall have
.~
power toa ,
(.a) adopt and publish rules and regulations gov-
erring the use of the Common Area and facilities, and `~~~
the personal conduct of .the members and their guests
~~;
Y. thereon, and to establish penalties for the infraction
~~ thereof ; °
(b) suspend the voting rights and right to use of ~'
the recreational facilities of a member during any per-
'i` iod of any assessment levied by the Association. Such
~; rights may also be suspended after notice and hearing,
.
for a period not to exceed 60 days for infraction of pub-
^
lished r~zles and regulations;
}
~;
(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 By-Laws, the Articles of Incorporation, or the ti
Declaration;
s
(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 _
s
the Board of Directors; and
(e) employ a manager, an independent contractor, or
such other employees as they deem necessary, and to pre-
..,
f
scribe their duties.
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Section 2. Duties. It shall be the duty of the Board
of Directors to:
(a) cause to be kept a complete record of all its
acts and corporate-' affairs and to present a statement
thereof to the members at the annual meeting of the
members, or at any special meeting when such statement
is requested in writing by one-fourht (~) of the Class
A members who are entitled to vote;
(b) supervise all-officers, agents and employees
of this Association, and to see that their duties are
properly performeds
(c) as more fully provided in the Declaration, to:
(1) to fix the amount of the annual assessment
against each Lot at~ least thirty (30) days in ad-
vance of each annual assessment periods
(2) send written notice of each assessment to
every Owner subject thereto at least thirty (30)
days in advance of each annual assessment periods and
(3) foreclose the lien against any property for
. which assessments. are not paid within thirty (30)
days after due date or to bring an action at law
against the owner personally obligated to pay the
' same.
(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 issu-
ance of these certificates. If a certiticate states an
.assessment has been paid, such certificate shall be con-
clusive evidence of such payments
(e) procure and m~.intain adequate liability and
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hazard insurance on property owned by the Associations
(f) cause all officers or employees having fiscal
responsibilities to be bonded, as it may deem appropriate=
(g) cause the Common Area to maintained.
ARTICLE VIII
OFFICERS A1VD THEIR DUTIES
~:
Section 1 . Enumeration of Offices . The officers of this'
~
'
_ Association shall be a president and vice-president, who shall
at all times be members of the Board of Directors, a secre-
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tary, and a treasurer, and such other officers as the Board
~
~ may from time to time by resolution create.
~~° .
~- Section 2. Election of Officers. The election of offi-
~;~ cers shall take place at 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
~f removed, or otherwise disqualified to serve.
~~~ Section 4. Special Appointments. The Board may elect
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such other officers as the affairs of the Association may
s~~ `:
{' require, each of whom shall hold office for such' period,
~-~ have such authority, and perform such duties as the Board
,:
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~ Section 5. Resignation and Removal. Any officer may
~,~' be removed from office with or with out cause by the Board.
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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, the acceptance of such
resignation shall not be necessary to make it effective.
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Section 6®~ Vacancies. A vacancy in any office may be
billed by appointment by the~Board. The officer appointed to :_
such vacancy shall serve for the remainder of the term of
the officer he replaces .
Section. Multiple Offices.a The offices of secretary
and treasurer may be held by the same person. No person shall x
simultaneously hold more than one of any of the other offices ~;:
t; except in the case of special offices created pursuant to
;fi
Section ~ of this Article®
Section 8. Duties. The duties of the .officers are as
followsa
President
ia.
(a) The president shall preside at all meetings of the
Board of~•Directors~ shall see that orders and resolutions of ,~
the Board are carried outs shall sign all leases, mortgages,
deeds and other written instruments and shall co-sign all
F,~~ checks and promissory notes.
Vice-President -
(b) The vice-president shall act in the place and stead
~~:
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of the president in the event of his absence., inability or
`` refusal to act, and sh~.ll exercise and discharge such other
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duties as may be required of hime by the Board.
Secretary
(c) The secretary shall record the botes and keep the ~~'.
minutes of all meetings and proceedings of the Board and of
~`:. the members= keep the corporate seal of the Association and --
ers re wiring said seals serve notice of
affix it on all pap q
meetings of the Board and of the members; keep appropriate
current records showing the members of the Association toge-
they with their addresses, and sha•].1 perform such other duties
- as required by the Board. '
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Treasurer
(d) The treasurer shall receive and deposit in appropriate
bank accounts all monies of the Association and shall disburse
such funds as directed by resolution of the Board of Directors=
shall sign all checks and promissory notes of the Association
keep proper boo}~s of account= cause an annual audit of the
Association books to be made by a public accountant at the
completion of each fiscal year.; and shall prepare an annual
budget and a statement of income and expenditures to be pre-
sented to the membership at its regular annual meetin, and
deliver a copy of each to the members.'
ARTICLE IX
COMMITTEES
The Association shall appoint a Architectural Control
Committee, as provided in the Declaration, and a Nominating
Committee, as provided in these By-Laws. In addition, the
Board of Directors shall appoint other committees as deemed
appropriate in carrying out its purpose.
ARTICLE X
BOOKS AND RECORDS
The books, records and papers of the Association shall
at all times, during reasonable business hours, be subject to
inspection by any member. The Declaration, the Articles of
Incorporation and the By-Laws of the Association shall be
available for inspection by any member at the principal office
of the Association, where copies may be purchases at reason-
able cost.
ARTICLE XI
ASSESSMENTS
As more fully provided in the Declaration, such member
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is obligated to pay to the Association annual and special
assessments which are secured by a continuing lien upon the ..t
property against which the assessment is made. Any assess-
F
ments 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 6 percent perannum, and the Assoc3:-
~~,~'~ at3on may bring action at law against the Owner personally
obl agated to pay the same or foreclose the lien against the
property, and interest, Fosts, and reasonable attorney's fees
of any such action shall be added to the amount of such assess-
~" ment. No Owner may waiver or otherwise escape liability for
fir;
the assessments provided for herein by nonuse of the Common _
`~'` Area or abandonment of his Lot.
• ARTICLE XII
CORPORATE SEAL
The Association shall have a seal in circular form having
within its circumference the words: Settlers Village Home-
, owner's Association, Inc.
~';= ;
{~_ ARTICLE XIII
F~ r :+
Y '`! AMENDMENTS
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Section 1. These By-Laws may be amended, at a regular
~.
~:;;~ or special meeting of the members, by a vote of a majority
t.:..>
;~~ of a quorum of members present in person or by proxy, except
~;~~-
'~` that the Federal Housing Administration or the Veterans
f> >
x.,~ Administration shall have the right to veto amendments while
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`:: there is Class B membership. j
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Section 2. In the case of any conflict between the
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~,~ Articles of Incorporation and these By-Laws, the Articles shall
~:.- control; and in the case of any conflict between the Declar- '"
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ation and these By-Laws, the Declaration shall control.
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ARTICLE XIV
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~. MISCELLANEOUS
•-'~ The fiscal year of the Association shall begin on the
~;
Kt first day of January and end on the 31st day of December of
"~ every year, except that the first fiscal year shall begin on
t,
the date of Incorporation.
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~- ' IN WITNESS WHEREOF, we, being. all of the directors of °t
~;.;,
~f ;~ the Settlers Village Homeowner's Association, Inc . ,' ~h~e
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~~~ hereunto set our hands this day of , 1980. h
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CERTIFICATION
I, the undersigned, do herby certify:
THAT I am the duly elected and acting secretary of the
Settlers Village Homeowner's Association, Inc., an Idaho cor-
poration, and,
THAT the foregoing By-Laws constitute the original By-
Laws of said Association, as duly adopted at a meeting of
the Board of Directors thereof, held on the day of
1980.
IN WITNESS WHEREOF I have hereunto subscrived my name
and affixed the seal of said. Association this day of
__ , ig8o.
Secretary
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$l/~3s~ S$-6 Sy7'
DECLARATION
OF RESTRICTIONS, CONDITIONS
AND COVENANTS
SETTLERS VILLAGE SUBDIVISION,
BUSINESS DISTRICT
ADA COUNTY, IDAHO
THIS DECLARATION, made on the date hereinafter
set forth by glen R. Gordon, Ardythe A. Gordon, David
Dimeo, Darlene A. Dimeo, Kenneth A. Coe, Susan F. Coe. '
and Gary Bones, hereinafter referred to as "Declarant".
WITNESSETH
Whereas, Declarant is the owner of certain property in
the City of Meridian, County of Ada, State of Idaho,
which is more particularly described as:
A portion of the S ~ SE k, sec-
tion 6, T3N, R1E, BM. Recorded as
Settlers Village Subdivision in Aook
45 of Plats, at pages 3697 - 3698,
Records of Ada County, Idaho.
Now therefore, Declarant hereby declares that
all of the properties described above shall be held,
sold and conveyed subject to the following easements,
conditions and covenants, which are for the purpose of
protecting the value and desirability of, and which
s'~all run with, the•real property and br_ binding an all
parties having any right, •title or interest in the de-
scribed properties or any part thcrc•of, their heirs,
.successors and assigns, and shill inure to the benefit
of each owner therPOf.
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ARTICLE I
DEFINZTTONS
Section 1. "Owner" shall mean and refer to
the record owner, whether one o~r more persons or enti-
ties, of a fee simple lot title to any lot which is a
part of the properties, including contract sellers, but
excluding those having such interest merely as security
for the performance of an obligation.
Section 2. "Properties" shall mean and refer
to that certain real property hereinbefore described,
and such additions to said real property thereto as may
be added and therefore come under the terms of this dec-
laration.
Section 3. "I.Ot" shall mean and refer to any
plot of land shown upon the recorded subdivision map of
the properties hereinbefore described in this declara-
tion.
Section 4. "Declarant" shall mean and refer
to Glen R. Gordon, Ardythe A. Gordon, David Dimeo,
Daslene A. Dimeo, Kenneth A. Coe, Susan F. Coe, and
Gary Bones, their successors and assigns, or such
successors or assigns that should acquire more than one
undeveloped lot from'the Declarant for the purpose of
development.
ARTICLE II
AREA OF APPLICATION
Section 1. Fu11Y protected Business Area.
The business area cotenants of Article III shall apply
to all the area included within the subdivision herein-
before described and zoned commercia~ by ordinance of
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the City of Meridian. Specifically that shall be Lots
one (1) through seven (7) of Block 1, and Lots one (1)
through seven (7) of Block 2 as shown on the plat re-
corded and before mentioned in the Declaration.
Section 2. The Park Area. Covenants in Ar-
ticle IV shall apply to Lot fourteen.(14), Block 2, Said
park area shall be herein attached to .the business area
as defined in Section 1. of this article for all purpos-
es of ownership, maintenance and other areas of respon-
sibility.
ARTICLE III
BUSINESS AREA COVENANTS
Section 1. Land Use and [3uilding Type. No
lot shall be used except for Commercial purposes as de-
fined in applicable ordinances. No industrial, light
industry, fabrication, or manufacturing functions or
facilities shall be permitted on any lot, parcel, struc-
ture or building. Light automotive repair shops~in con-
junction with fuel dispensing facilities will be permit-
ted only on lots with frontage on Fairview Avenue. No
storage facilities, temporary or permanent, shall be
maintained outside of any buildings or structures. No
building shall exceed twa stories in heiryht or thirty-
five (35) feet measured from peak of roof to ground or
fine grade elevations.
Section 2. Architectural <'ontrol. No build-
, ing shall be erected, placed or altered on any lot until
the construction and specifications t.nd a plan showing
the location of the structure have bc<~n approved by the
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556 fi6~
Business Architectural Control Committee as to quali*_y
workmanship and materials, harmony of exterior design
with existing or planned structures, both in the Commer-
cial and Residential Areas, and as to location, with re-
spect to topography and finish grade elevation. No
fence or wall shall be erected, placed or altered on any
lot nearer to any street than the minimum building set-
back line unless similarly approved. No building shall
be considered without plans showing possible effects on
parking, loading, and unloading and trash storage and
removal. Approval shall be as provided in Section V.
Section 3. Building Location.
a. No building shall be located on any lot
nearer to the side street line than the minimum building
setback line shown on the recorded plat. In any event
no building shall be located on any lot nearer than for-
ty (40) feet to the front lot line, or nearer than thir-
ty (30) feet to the side street line. '
' b. No building shall be located nearer than
fi•/e (5) feet from the side of the lot, unless the
building is more than fifteen (15) Eeet in hciyht. in
which case the side yard shall not be less than one-
half (~) the height of the building. Except that some
lots will have buildings with common walls and common
access for utilities. The declaratic•n o£ this common
wall covenant and easement is contained hereinafter in
Article IV Section 1. These lots wi7.1 be designated
and approved by the Business Architectural Control Com-
• mittee prior to the construction of the dwelling Units.
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S i~ 661
Section 4. Lot Area and Width. Lots shall be
defined in area and width in accordance with the record-
ed plat of the subdivision. The floor area ratio of all
buildings, structures and required off street parking
area, shall not exceed 1.5, except that for multiple
stories, the ratio may be exceeded with approval by the
Architectural Control Committee.
Section 5. Easements for installation and
Maintenance of Utilities and Drains a Facilities. Are
reserved•as shown on the recorded plat and over •the rear
five feet of each lot. Also, the rear twenty (20) feet
of each lot shall be maintained as a through access for
vehicles, for the purpose of loading and unloading
merchandise and supplies for the business and buildings
on each lot. Fifteen (15) foot of easement on the North
lot line of Lot 7, Block 2 , shall be maintained for
pedestrian traffic to the park, plus protective screen-
ing, also Lot 7 Block .Q shall have a similar easement
for protective screen.
," Section 6. Signs. All business signs, wheth-
er identification, advortising, or nonaccessory in na-
ture will first be subject to approval by the Architec-
tural Control Committee. In any event, the applicable
City and County ordinances controlling the use of signs
• will apply and be strictly adhered to.
Section 7. Garbage and Refuse Disposal. No
lot shall be used or 'maintained as a dumping ground for
rubbish. Trash, garbage or other waste shall not be
~' kept except in sanitary containers. All trash storage
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areas will be special use areas, shielded from public
view by protective screening. f
Section 8. Landscaping. All lots shall be
landscaped witia lawn, shrubs, planting beds, and trees
in accordance with the owners discretion except that the
deciduous shade tree area pattern shall be approved L•y
the Architectural Control Committee. All landscaping
' shall be maintained by the owner in such manner as to
cause a pleasing appearance and in such manner which
will sustain property values in the community. All land-
scaping shall be in reference to the final rlat and lan~-
scaping plan.
Section 9. Protective Screening. A protec-
tive screening area as shown on the recorded plat shall
be established along the North two (2) feet of Lot 7,
Block Sand Lot 7, Block 2 The purpose of this screen-
ing is to separate the Commercial area from the Residen-
tial area.
• Section 10. Noxious or Offensive Activity.
No noxious or offensive activity shall be carried on
upon any lot, nor shall be done thereon which may be or
may become an annoyance or nuisance to the neighborhood.
Section 11. Temporary Structure. No struc-
ture of a temporary character, trailer, basement, tent,
,shack, garage, barn or other outbuilding shall be used
' on any lot at any time as a residence either temporarily.
or permanently.
~, Section 12. Parkin No Recreation Vehicles,
trailers, automobiles, boats or other such vehicles
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shall be parked permanently on the streets. All perm-
anent paking shall be in garages or attached driveways.
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Section 13. Oil and Minin Operations
No
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• oil drilling, oil development operation, oil refining
+, quarrying or mining operations of any kind shall be
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•~ , permitted upon or in any lot, nor shall oil wells,
tanks, tunnels, mineral excavations or shafts be permit-
ted upon or in any lot. No derrick or other structure
;' designed for use in boring for oil or natural gas shall
~~`'~ be erected, maintained or permitted upon any lot.
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Section 14. Livestock and Poult ~. No ani-
male, livestock, or poultry of any kind shall be raised,
bred, or kept on any lot, except that dogs, cats or
«~r: other household pets may be kept provided that they are
not kept, bred or maintained for any cortunercial purpose.
f„r~., The applicable City of Meridian ordinance providing for
<~~' leashes or pens will be strictly observed with reference
~ `~~r`r'!~ to all household pets.
Section 15. Water Supply. No individual wa-
~• ter supply system shall be permitted on any lot unless
such system is located, constructed and equipped in ac-
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cordance with the requirements, standards and recom-
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dations of the Idaho Department of Public health and the
" ~ ~ City of Meridian. Approval of such systems as installed
shall be obtained from such authority.
Section 16. Sewage Disposal. No individual
sewage disposal system shall be permitted on any lot un-
}r,;
f .lEa s such system is designed, located and constructed in
`'~ accordance with the requirements, standards and
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recommendations of the Idaho Department of Public Health
and the City of Meridian. Approval of such system in-
stalled shall be obtained from such authority.
Section 17. Members of the Associations's
~,,ti
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and easement of enjoyment in and to the Common Area
ti
t ~~ ,, ,~. which shall pass with the title to every lot, subject to
the following provisions:
a. The right of the Association to charge
reasonable admission and other fees for the use of any
recreational facility, situated upon the Common Area.
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>~ the voting right and right of use to the recreational
~~ ~`~ `~`~ facilities by an owner for an
y period during which any
assessment against his lot remains unpaid, and for a pe-
'`' riod not to exceed sixty (60) days for any infraction of
its published rules and regulations.
~4~ c. The right of the Association to dedicate
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public agency authority, or utility for such purpose and
subject to such conditions as may be agreed to by the
members. No such dedication or transfer shall be effec-
tive unless an instrument agreeing to such dedication or
-~ transfer signed by two-thir.~l's (?./3) of each class of
its
members has been recorded.
'~~` Section 18. Creation of the Lien and Personal
Obligation of Assessments. The Declarant, for each Lot
" owned within the business Area, herety covenants, and
each Owner of any Lot by acceptance oy a deed therefore,
a, whether or not it shall be so expressed in such deed, is
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deemed to covenant and agree to pay to the association:
(1) annual assessments or charges, and (2) special as-
sessments for capital improvements, such assessments to
be established and collected as hereinafter provided.
The annual and special assessments, together with i~ter-
est, costs, and reasonable attorney's fees, shall be a
charge on the land and shall be a continuing lien upon
the property against which such assessment is made.
'" Each such assessment, together with interest, costs and
reasonable attorney's fees, shall also be the personal
obligation of the person who was the owner of such prop-
erty at the time when the assessment fell due. The per-
sonal obligation for delinquent assessments shall not
pass to his successors in title unless expressly assumed
by them.
Section 19. Purpose of Assessments. The as-
sessments levied by the Association shall be used exclu-
sively to promote the recreation, health, safety and
~' welfare of the businessess in the properties and for the
improvements and maintenance of the Common Area.
Section 20. Maximum Annual Assessment. Until
January 1 of the year immediately following the convey-
ance of the first Lot to an Owner, the maximum monthly
assessment shall be Twenty Dollars ($20.00) per lot.
a. From and after January 1 of the year im-
mediately following the conveyance cf the first lot to
an Owner, the maximum annual assessment may be increased
'each year not more than ten percent (10~) above the max-
• imam assessment for the previous yet:r without a vote of
the membership.
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b. From and after January 1 of the year im-
mediately following the conveyance of the first Lot to
,t'z an Owner, the maximum annual assessment may be increased
;?~%~. shave ten percent (10~) by a vote of two thirds (2/3) o£
each class of members who are voting in person or by
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proxy, at a meeting duly called for this purpose.
c. Tho Doard of Directors may fix the annual
assessment at an amount not in excess of the maximum.
Section 21. Special Assessments for Capital
~„~ Improvements. In addition to the annual aesessmenta
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authorized above, the Association may levy, in any as-
~. +.~'~~ sessment year, a special assessment applicable to that
year only for the purpose of defraying, in whole or in
"~~~ part, the cost of any construction, reconstruction, re-
pair or replacement of a capital improvement upon the
}t Common Area, including fixture and personal property re-
- lated thereto, provided that any such assessment shall
°~~~Y have the assent of two-thirds (2/3) of the votes of each
•~ class of members who are voting in person or by proxy at
a meeting duly called for this purpose.
Section 22. Uniform Rate and Date of
=~;e.1 Commencement of Assessments; Due Date. The monthly as-
sessments provided for herein shall commence as to all
,~;
~ Lots on the first day of the month following the convey-
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ance of the Common Area. Both monthly and special as-
sessments must be fixed at a uniform rate for all lotr~.
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The board of Directors shall fix the amount of the
• .monthly assessment against each lot oy December 1 pre-
<~~?t
~ ceeding the annual assessment period beginning January 1.
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No further notice of the monthly assessment is required
by the Association. The due dates shall be established
by the Board of Directors. The Association shall, upon
demand, and for a reasonable charge, furnish a certifi-
cate signed by an officer of the Association setting
forth whether the assessments on a specified Lot have
been paid.
Section 23. Affect of Non-Payment of
Assessments, Remedies of the Association. Any assess-
ment not paid within thirty (30) days after due date
shall bear interest from the due date at rate of twelve
percent (12B) per annum. The Association may bring an
action at law against the Owner personally obligated to
pay the same, or foreclose the lien against the proper-
ty. No Owner may waive or otherwise escape liability
far the assessments provided for herein by non-use of
the Common Area or abandonment of his Lot.
Section 24. Subordination of the Lien to
Mortgages. The lien of the assessments provided for
herein shall be subordinate to the lien of any first
mortgage. Sale or transfer of any Lot shall not effect
the assessment lien. However, the sale or transfer of
any Lot pursuant to mortgage foreclosure or any proceed-
ing in lien thereof, shall extinguish the Lien of such
assessments as to payments which became due prior to
such sale or transfer. No sale or transfer shall re-
lieve such Lot from liability Eor e~ny assessments there-
after becoming due or from the lier thereof.
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556 669
Section 25. Special Consideration for Lets
1, 2 and 3 of Block I. These lots are of separate
ownership from the remainder of the Settlers Village
Subdivision at the time of this recording. Therefore,
the declarant, authorizes special consideration for
these three (3) lots only. This special consideration
~in no way excludes this property from the subdivision,
but only sets aside the following spec+.al amendments
as a consideration of the separate and different owner-
ship.
a. Amend Article III, Section 3 to read,
"nearer than twenty (20) feet to the front lot line."
b. Amend Article Iii, Section 4, to include
explanation of 1.5 ratio. "This ratio is the sum total
of the floor apace on each floor of the building, plus
the space required for off street parking; divided by
the total area of the lot or land owned in common with
the building and attached thereto.
C. Amend Article III, Setion 5, to Qxclude:
"the rear twenty (20) feet of each lot shall be main-
tained as a through access for vehicles. .
nn each lot."
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ARTICL); IV
PARK AREA COVENANTS
Section 1. Ownership. The land designated as
park shall be owned by the "Settlers Village Business
Association" with all the rights and obligations thereto.
Section 2. Land Use. The lot designated as
park shall be used solely for the purpose of public ac-
coss, recreation and enjoyment. No part of this lot
shall be used for permanent residence. The park shall
be totally landscaped with lawn, shrubs, tees and pleat-
ing beds, except that any building or structure shall be
of permanent outdoor construction used for the enjoyment
or recreation of the public. Also except that one build-
ing of permanent construction no larger than one-hundred
(100) square feet shall be erected for the use of storing
maintenance equipment used by the Association within the
par}: area owned by said Association. By decision of the
">ettlers Village business Association," the park may be
used on a periodic, temporary basis for commercial pur-
poses. This periodic, temporary use shall not he of such
nature, that it creates a public nuisance, nor be detri-
mental to property values in the residential or commer-
cial area.
Section 3. Architectural Control. No plant-
ings nor structures shall be placed or erected on the
park lot until the construction plays <~nd specifications
and a plan showiny the location of the i.mpcovements have
been approved by the Business Architectural Control Com-
mittee as to the quaJ.ity of warkman:hip and materials,
and harmony of ciesirn o~ith existing •ar aclj.acent area.
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No building, fence, or planting shall violate the let-
ter or spirit oP the restrictions in Article liI, Sec-
. tions 3, 5, 7, 8, 10, 11, 13, and 14.
Section 4. Signs. No sign of arty kind shall
be displayed to the public view on a permanent basib ex-
cept one professional sign of not more than sixteen (16)
square feet which shall be erected and placed in the
park on the front property line. This sign shall perman-
ently display the park owners name, rules, and regula-
tions For use, directions for obtainincl reservations and
other pertinent information as decided by the owner..
Section 5. Reservations. Reservations for
use by businesses, groups, or individuals can be ar-
ranged by request in writing to the "Association" in com-
pliance with the posted instructions. All requests are
subject to approval by t•he Association with regard to
compliance with conditions and restrictions, and space
as reyuired. Reservations shall be granted withqut pri-
ority other than numerical sequence of reyuest.
Section 6. Fences. The park Shall have fenc-
es for the purpose of protective screening from the sur-
rounding areas. These fences shall be erected or placed
on the West, South, and East lot lines of the park, ex-
cept that a ten (10) foot section adjoining the North
.ten (10) feet of lot seven (7), Dlock 3 , shall be left
open as a permanent accr•::s for pedestrian traffic.
There shall be no fence or impediment placed on the
~i, North lot line facing Tammy Street. Phis side shall al-
' ways to open for access from the residential area.
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ARTICLE V
ARCHITECTURAL CONTROL COMMITTEE
Section 1. Membership.
a. The business Architectural Control Commit-
tee is composed of the following:
NAP1E ADDRESS
Bill Blankinship 1001 N. 27L•h ^treet
Boise, Idaho 83702
Gary Bones 3508 South t•7est Shaw
Aloha, Oregon 97005
Dave Dimeo 17350 South West Shaw
Aloha, ^regon 97005
Glen Gordon 17350 South west Shaw
Aloha, Oregon 47005
Terrence Page 910 North Curtis Road
Boise, Idaho 83704
Norman D. Noonan 1001 N. 27th Street
Boise, Idaho 83702
c. A majority of the committee may designate a
representative to act for it. 1n the event of death or
resignation of any member of the committee, the remaining
members shall have' full authority to des i.c~nate a .,ucceG-
sor. Sucessors shall be designated from the recorded
owners of either the residential Lots in the membership
of the Residential Architectural Control (:onunittee, or
the commercial Lots in the membership of the Business
Architectural Control Committee. At any time, the then
record owners of a major.iCy of the lets in either the
residential or commercial area, she h. have the power
through a duly rec~rdect written inst'trment to change the
membership of the respective committee or to withdraw
from the respected committee or restc,re to it any of its
powers and duties.
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Section 2. Procedure. The committee's appro-
val or disapproval as required in these convenants shall
be in writing. In the event the committee, or its des-
ignated representative, fails to approve or disapprove
within thirty (30) days after plans and specifications
have been submitted to it, or in any event, if no spit
to enjoin the construction has been commenced prior to
the approval thereof, approval will not be cequirecl and
the related covenants shall be deemed to have been fully
complied with.
ARTICLE VI
GENERAL PROVISIONS
Section 1. Declaration of Party Wall Covenant
and Easement.
a. Some of the dwellings and buildings in the
residential area and the commercial area shall be con-
structed on lots with common walls and common access for
utilities.
b. These common walls and common access areas
require covenants and easements for the use, enjoyment
and benefit of the subsequent individual, separate own-
ers succeeding to the ownership of the :several units and
parcels.
c. 9'he Declarant or its as•^.i<{ns shall com-
mence and com{+lete contruction upon thn parcels of land
certain dwelling units or buildings which have common
party walls upon the lines forming .he houndary between
'said parcels or pro{~erty.
d. Thr. owner or parL~wnc, of either or any of
said parcels shall have the right tc enrcr upon, over,
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556 6'73
a
under or through the parcel and premises opposite t:~e
the side of such common party wall or structure wall
which faces the wall of such owner or occupant for the
• puposes of repairing, replacing, maintaining and reno-
vating such wall or the utilities serving the premises.
e. The oamer or occupant of any of the above
described parcels shall not drive, place, or cause to be
driven or placed, any nails, screws, twlts, or other ob-
jects into the party or structural wall or that wall
which forms a common boundary and line with the lot and
unit of any other owner. Excepting, however, that any
party may use screws or nails or similar objects to at-
tach pane.linq, pictures or decorative objects to such
wall which do not penetrate to a depth of over one-half
(-s) loch.
f. The owner of any lot or unit herein de-
scribed, shall not erect or maintain, within a distance
of four (4) feet of any common party wall or structural
wall forming the boundary between such lot and tPre lot
or unit oC any other owner, any structure which may im-
pede or interfere with any nFCessary maintenance, re-
pairs or restoration of the party or structural wall.
g. The wall constructed or to he constructed
shall form a common wall or party wall on the boundary
line adjoining properties described, and shall remain a
party wall, and each o£ the adjoininrl owners shall have
the right to use such as a common party wall jointly
with the other adjoining owner.
~, h. The respective owners c.r occulrants of each
of the parcels and units shall be responsible Eor any
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S5E 6'74
mars, scratches redecorating, or refurnishing of the
wall on that portion of the wall which forms a party
wall or structural wall on that side facing their par-
ticular unit or lot. That any damage done to the wall
as a whole caused by the act of any owner, his tenants,
agents, guests of invitees, shall be the responsibility
of such owner. That any repairs or replacements neces-
sary through ordinary wear and tear shall be the joint
responsibility of the joint owners.
i. That any conveyance of either or any of
the panels in either the residential or commercial area,
or its assignee shall be subject to L-he terms of this
agreement and declaration, and these covenants and agree-
ment and declaration, and those covenants and agreemenia
shall be binding upon, and inure to the benefit of, the
respective and successive owners of the several parcels
and units and shall run with the land tq be oC benefit
tc. the YCSpC(4t1VC! dominant e+tates and ,i burdrn ulwn thc•
respective servient estates of all successive owners
thereto.
Section 2. Term. These covm:ants are to run
with the land and shall be binding on all parties, and
all persons claimincl under thorn fora period of thirty
(30) years frcnn the clr,tn lhesc covenants nre recordad,
after which time siicl covenants sha'.l be automatically
extended for successive period of ten (101 years unless
an instrument siclnrcl by a majority •~f the then owners of
the lots has been recorded, ayreciny to change said cov-
enants in whnlc or in part..
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ARTICLE VII
ATTEST
IN S4ITNESS WHEREOF, Glen R. Gordon, Ardythe A.
Gordon, David Dimeo, Darlene A. Dimeo, Kenneth A. Coe•,
Susan F. Coe, and Gary Bones have caused this Declara-
tion and Agreement to be executed the day and the year
herewith stated.
I.N WITNESS W1iEREOF, we have hereunto set our hands this
0
day of ( ~ 1981.
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'Glen R. Gordon Kenneth A. Coe
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Ardytl}e A. Gordon Susan F. Coe
David Dimeo Gar Bones
Darlene A. Dimeo
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,:•~'TrATE C)F,'~iREGON )
.' ' " G? ' :
.••, ~o~~•~» WASHINGTON ) SS
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On this day of G J• ,f , , 1981, before me, the
-t d
undersigned, a notary public in and for said State,
personally appeared Glen R. Gordon and Ardythe A. Gordon
David Dimeo and Darlene A. Dimeo, Kenneth A. Coe and
Susan F. Coe, and Gary Bones, that executed the within
instrument, and acknowledged to me that the above individ-
uals executed the same.
IN WITNESS WHEREOF, i have hereunto set my hand and
seal the day and the year in this certificate first
above written.
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556 6'78
ARTICLES OF INCORPORATION
OF
SETTLERS VILLAGE BUSINESS
• ASSOCIATION
In compliance with the requirements of Ticle
30--Chapter 3, Section 30 - 301, State of Idaho, the un-
•
dersigned, all of whom are real property owners of the
State of Idaho and all of whom are of full age, have
this day voluntarily associated themselves together for
the purpose of forming a corporation not for profit and
do hereby certify:
ARTICL7; I
The name of the corporation is Settlers Vil-
lage Business Association, Incorporated., hereafter
called the "Association."
ARTICLE II
The principal office of the Association is lo-
•• Gated at the Settlers Village Subdivision, City of
Mez•idian, County of Ada, State of Idaho.
ARTICLE III
Terrence C•.. Page, whose addr:,ns is 910 North
Curtis Road, Boise, Idaho, is hereby appointed the ini-
tial registered ayent of the Assoc.inC.ion.
ARTICLE IV
This Association does not contemplate pecuni-
ary gain or profit to the members thereof, and the spec-
ific purposes for which it is formed arc to provide for
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maintenance, preservation and architectural control of
the commercial Lots and Common Area within that certain
tract of property described as:
Lots one (1) through seven (7)
of Dlock 1, Lots one (1) through (7)
of Dlock 2 and Lot '14 of Dlock
2", of Settlers Village Subdivision
Meridian, Idaho.
and to promote the health, safety and welfare of the
business within the above described property and any ad-
ditions thereto as may hereafter be brought within the
jurisdiction of this Association for this purpos^. to:
(a) exercise all of the powers and privileges
and to perform all of the duties and obligations of the
Association as set forth in that certain Declaration of
Covenants, Conditions and Restrictions, hereinafter
called the "Declaration", applicable to the property and
recorded or to be recorded in the OLEicc of the County
Clerk of Ada County, Idaho and as the same may be amend-
ed from time to time as therein f+rovided, said Declara-
ion being incorporated herein as if set fourth at length;
(b) fix, levy, collect and enforce payment by
any lawful means, all charyes or assessments pursuant to
the terms of the Declaration; Co pay all c,rpenses in
connection therewith and all office and other expenses
incident to the ccnduct of the business of the Associa-
tion levied or imposed against the property of the Asso-
ciation;
(c) acquire (by gift, purchase or otherwise),
own, hold, improve, build upon, oper,~te, maintain, con-
vey, sell, lease, transfer, dedicate for public use oth-
' erwise dispose of real or perr;onal f,°oparty in connec-
tion with the affairs of the Associat:ion;
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td) borrow money, and with the assent of two-
thirds (2/3) of each class of members, mortgage, pledge,
deed in trust, or hypothecate any or all of its real or
personal property as security for money borrowed or
depts incurred;
(e) dedicate, sell or transfer all or any part
of the Common area to any public agency, authority, or
utility for such purposes and subject to such conditions
as may be agreed to by the members. No such dedication
or transfer shall be effective unless an instrument has
been signod by two-thirds (2/3) of each class of members,
agreeing to such dedication. sale or transfer;
(f) participate in mergers and consolidations
with other nonprofit corporations organized for the same
purposes or annex additional residential property and
Common Area, provided that any such merger, consolida-
tion or annexation shall have the assent of two-thirds
(213) of each class of members;
(g) have and to exercise any and all powers,
" rights and privileges which a corporation organized un-
der the Non-Profit Corporation Law of the State oC Idaho
by law may now or hereafter have or exercise.
ARTICLE V
MEMI3F:RSl1I P
Every person or entity who is a record owner
of a fee or undivided fee interest i.•~ any lot which is
subject by covenants or record to asc.:essment by the
Association, including contract sell:rrs, shall be a mem-
ber of. the Association. The foregoi;•~I in not intended
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_556 681
to include persons or entities who hold an interest
merely as security for the performance of an obligation.
Membership shall be appurtenant to and may not be sepa-
rated from Ownership of any Lot which is subject to as-
sessment by the association.
ARTICLE VI
VOTING RIGHTS
The Association shall have twc, classes of Vot-
ing membership:
Class A. Class A Members shall :a all Owner,
with the exception of the Declarant, and shall be enti-
tled to one vote for each I,ot owned. when more than one
person holds an interest in any Lot, all such persons
shall be members. The vote for such Lot shall be exer-
cised as they determine, but in no event shall more than
one vote be cast with respect to any Lot. Class a Mem-
bers may delegate their voting rights to I,esser's or
Manager's in writing, for the purpose of maintaining lo-
cal interest in the Association.
Class [i. The Class I1 Member(s) shall be the
Declarant (as defined in the Declaration), and shall be
entitled to three (3) votes for each Lot owned. The
Class B Membership shall cease and be converted to Class
A Membership when the total votes outstanding fn the
Class A Membership equal the total vr~tes outstanding in
the Class B Membership.
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consolidation, the assets or the Association shall be
dedicated to an appropriate public agency to be used for
purposes similar to those for which this Association was
created. In the event that such dedication is refused
acceptance, such assets shall be granted, conveyed and
assigned to a nonprofit corporation, association, trust
or other organization to be devoted to such similar pur-
poses.
ARTICLE IX
DURATION
The Corporation shall exist perpetually.
f •
ARTICLE X
AMENDNENTS
Amendment of these Articles shall require the
assent of seventy-five percent (75~) of the entire mem-
bership.
IN WITNESS WHEREOF, for the purpose oP forming
this corporation under the laws of the State of Idaho,
we, the under signed, constituting the incorporators of
this Association, have executed these Articles of
Incorporation this ~. ~~ "`~, ~+day of • ,y 4 ,,,,. _., , , 1981.
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BY-LAWS
OF
SETTLERS VILLAGE BUSINESS
ASSOCIATION
ARTICLE I
NAME AND LOCATION. The name of the corpora-
tion is Settlers Village Business Association, incorpo-
rated., hereinafter referred to as the "Association".
The principal office of the corporation shall be located
at Settlers Village Subdivision, Meridian, Idaho, but
meetings of members and directors may be held at such
places within the State of Idaho, County of Ada, as may
be designated by the Board of Directors.
ARTICLP II
DEFINITIONS
Section 1. "Association" shall mean and re-
fer to the Settlers Village business Association, Inc.,
its successors and assigns.
Section 2. "Properties" shall mean and refer
to L•hat certain prnpert.y described in the beclaration of
Covenants, Conditions, and Restrictions, and such addi-
tions thereto as may hereafter be brought within the
jurisdiction of the Association.
Section 3. "Common Arca" shall mean all real
property owned ny the Association for thF common use and
enjoyment of the Owners.
Section 4. "Lot" shall mean and rifer to any
plot of land shown upon any recorded ~:ubdivision map of
the Properties with the exception of Chc Common Area.
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Section 5. "Owner" shall mean and refer to
the record owner, whether one or more persons or enti-
ties, of the fee simple title to any Lot whcih is a part
of the Properties, including contract sellers, but ex-
cluding those having such interest merely as security
for the performance o£ an obligation.
• Section 6. "Declarant" shall mean and refer
to Dimeo-Gordon Enterprises, Inc., its successors and
assigns if such successors or assigns should acquire
more than one undeveloped lot from the Declarant for the
purpose of development.
Section 7. "Declaration" shall mean and re-
fer to the Declaration of Covenants, Conditions, and Re-
strictions applicable to the Properties recorded in the
Office of the County Clerk, Ada County, Idaho.
Section 8. "Member" shall mean and refer to
those persons entitled to membership as provided in the
Declaration.
ARTICLE III
MEETING OI' MEMBERS
Sect-ion 1. Annual Meetings. The first annual
meeting of the members shall be held within one year
from the date of Incorporation of the Association, and
each subsequent regular annual meeting of the members
•shall be held on the same day of the same month of each
year thereafter, at the hour of eigh* o'clock', P.M. if
the day for the annual meeting of thr: members is a legal
holiday, the meetiny will be held at the same hour on
the first day following which is not a legal holiday.
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556 68S
Section 2. Special Meetings. Special meet-
ings 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-
fourth (h) of all of the votes of the Class A membership.
Section 3. Notice of Meetings. Written no-
tice of each meeting of the members shall be given by,
or at the direction or, the secretary or person autho-
rised to call the meeting, by mailing a copy of such no-
tice, postage prepaid, at least 15 days before such
meeting to each member entitled to vote thereat, ad-
dress last appearing on the books of the Association, or
supplied by such member to the Association for the pur-
pose of notice. Such notice shall specify the place,
day and hour of the meeting, and, in the case of a spe-
cial meeting, the purpose of the meeting.
Section 4. Quorum. The presence at the meet-
ing of members entitled to cast, or of proxies entitle
to cast, one-tenth (1/10) of the votes of each class of
membership shall constitute a quorum for any action ex-
cept as otherwise provided in the Articles of Incorpora-
tion, the Declaration, or those IIy-Laws. If, however,
. such quorum shall not be present or represented at any
meeting, the members entitled to vote thereat shall have
the power to adjourn the meeting from time to time,
without notice other than announcement at the meeting,
until a quorum as aforesaid shall bc: present or repre-
sented.
Section 5. Proxies. At all meetings of mem-
bers, each member may vote in person or by proxy. A71
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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 Lot.
ARTICLE IV
HOARD OF DIRECTORS: SELECTION: TERM OF OFFICE:
Section 1. Number. The affairs of this
Association shall be managed by a Hoard of six (6) di-
rectors, who need not be members of the Association.
Section 2. Term of Office. At the first an-
nual meeting the members shall elect two d'~ectors for a
term of one year, two directors for a term of two years
and two directors Eor a term of three years; and at each
annual meeting thereafter the members shall elect two
directors for a term of three years.
Section 3. Removal. Any director may be re-
moved from the Hoard, with or without cause, by a major-
ity vote of the members of the Associatiun. In the
,~ event of death, resignation or removal of a director,
~~ his successor shall be selected by the remaining members
of the Board and shall serve for t•he unerpired term of
his predecessor.
Section 4. Compensation. No director shall
receive compensation for any service he may render to
the Association. iiowever, any director may be reim-
bursed for his actual expenses incurred in the perfor-
mance of his duties.
Section 5. Action Taken W.thout a Meeting.
' The directors shall have the right t~ take any action in
the absence of a meeting which they could take at a
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meeting by obtaining the written approval of all the di-
rectors. Any action so approved shall have the same ef-
• fact as though taken at a meeting of the directors.
ARTICLE V
NOMINATION AND ELECTION OF DIRECTORS
.. Section 1. Nomination. Nomination for elec-
tion to the Board of Directors shall be made by a Nomi-
nating Committee. Nominations may also be made from the
floor at the annual meeting. The Nominating Committee
shall consist of a Chairman. who shall be a member of
the Board of Directors, and two or more members of the
Association. The Nominating Committee shall be appoint-
ed by the Board of Directors prior to each annual meet-
ing of the members, to serve from the close of such annu-
al meeting until the close of the next annual meeting and
such appointment shall be announced at each annual meet-
ing. The Nominating Committee shall make as many nomi-
nations for election to the Board of Directors as it
., shall in its discretion determine, but not less than the
number of vacancies that are to be filled. Such nomina-
tions may be made from among members or non-members.
Section 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 re-
•spect to each vacancy, as many votes as they are enti-
• tled to exercise under the provisions of the Declaration.
-The persons receivinc; the largest number of votes shall
•be elected. Cumulative voting is nct permitted.
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ARTICLE VI
MEETING OF DIRECTORS
Section 1. Regular Meetings. Regular meet-
ings of the Board of Directors shall be held monthly
without notice, at such place and hour as may be fix~_d
from time to time by resolution of the Board. Should
said meeting fall upon a legal holiday, then that meet-
ing shall be held at the same time on the next day which
is not a legal holiday.
Section 2. Special Meetings. Special meet-
ings of the Board of Directors shall be held when called
by the president of the Association, or by any two di-
rectors, after not less than three (3) days notice to
each director.
Section 3. Quorum. A majority of the number
of directors shall constitute a quorum for the transac-
tion of business. Every act or decision done or made by
a majority of the directors present at a duly held meet-
• ing at which a quorum is present shall be regarded as
the act of the Board.
ARTICLE VII
POWERS AND DUTIES OF THE BOARD OF DIRECTORS
Section 1. Powers. The Board of Directors
shall have power to:
(a) adopt and publish rules and•regulations
governing the use of the Common Area and Facilities, and
the personal conduct cf the members and their guests
thereon, and to establish penalties f>r the infraction
thereofs
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(b) suspend the voting rights and right to use
of the Common facilities of a member during a period in
which such member shall be in default in the payment of
any assessment levied by the Association. Such rights
may also be suspended after notice and hearing, for a
period not to exceed 60 days for infraction of published
rules and regulationst
(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 Hy-Laws, the Articles ~f Incorpora-
tion, or the Declaration;
(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 meet-
ings of the Board of Directors; and
(e) employ a manager, an independent contrac-
tor, or such other employees as they deem necessary, and
to prescribe their duties. '
Section 2. Duties. It shall be the duty of
the Hoard of Directors to:
(a) cause to be kept a complete record of all
its acts and corporate affairs and to present a state-
ment thereof to the members at the annual meeting of the
members, or at any special meeting when such statement
. is requested in writing by one fourth (e) of the Class A
members who are entitled to vote;
(b) supervise all officer:., agents and em-
ployees of this Association, and to see that their du-
ties are properly performed.
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(c) as more fully provided in the Declaration,
tO ;
(1) fix the amount of the annual assess-
ment against each Lot at least thirty (30) days
in advance of each annual assessment period.
(2) send written notice of each assessment
' to every Owner subject thereto at least thirty
(30) days in advance of each annual assessment
period; and
• (3) foreclose the lien against any pro-
perty for whioh assessments are not paid with-
in thirty (30) days after due date or to bring
an action at law against the Owner personally
obligated to pay the same.
(4) issue, or to cause an appropriate of-
ficer 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 E3oard for the issuance of
these certificates. IF a certificate states
an assessment has bean paid, such certificate
shall be conclusive evidence of such payment;
(e) procure and maintain adequate liability
and hazard insurance on property owned by the Associa-
tion;
. (f) cause all officers or employees having
fiscal responsibilities to be bonder, as it may deem ap-
propriate;
• (g) cause the Common Area to be maintained.
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ARTICLE VIII
OFFICERS AND THEIR DUTIES
Section 1. Enumeration of Offices. The of-
ficers of this Association shall be a president and vice-
president, who shall at all times be members of the Board
of Directors, a secretary, and a treasurer, and such oth-
er officers as the Board of Directors may from time to
time by resolution create.
Section 2. Election of Officers. The elec-
tion of officers shall take place at the first meeting
of the Board of Directors following each annual meeting
of the members.
Section 3. Term. The officers of the Associ-
ation shall be elected annually by the Doard and each
shall hold office for one .(1) year unless he shall sooner
resign, or shall be removed, or otherwise disqualified
to serve.
Section 4. Special Appointments. The Board
•~may elect such other officers as the 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, Erom time to time, determine.
Section S. Resignation and Removal. Any of-
ficer may be removed from office with or without cause
by the Board. Any officer may resign at any time giving
written notice to the Doard, the president or the secre-
tary. Such resignation shall take efFect on the date of
receipt of such notice or at any late:• time specified
' therein, and unless otherwise specifi~•d therein, the
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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 sPlowinq the
members of the Association together with their addresses,
and shall perform such other duties ae required by the
Board.
Treasurer
(d) The treasurer shall receive and deposit
in appropriate bank accounts ail monies of the Associa-
tion and shall disburse such funds as directed by reso-
lution of the Board of Directors; shall sign all checks
and promissory notes of the Association; keep proper
books of account; cause an annual audit of the Associa-
tion books to be made by a public accountant at the com-
pletion of each fiscal year; and shall prepare an annual
budget and a statement of income and expenditures to be
presented to the membership at its regular annual meet-
ing and deliver a copy of each to the members. '
ARTICLE IX
COMMITTEES
The Association shall appoint an Architectural
Control Committee, as provided in the Declaration, and a
Nominating Committee, as provided in these By-Laws. in
addition, the Board of Directors shall a~~point other
committees as deemed appropriate in carrying out its
purpose.
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ARTICLE X
HOOKS AND RECORDS
The books, records and papers of the Associa-
tion shall at all times during reasonable business hours,
be subject to inspection by any member. The Declaration,
the Articles of Incorporation and the By-Laws of the
Association shall be available for inspection by any
member at the principle office of the Association, where
copies may be purchased at reasonable cost.
ARTICLE XI
ASSCSSMENTS
As more fully provided in the Declaration,
each member is obligated to pay to the Association an-
nual and special assessments which are secured by a con-
tinuing lien upon the property against which the assess-
ment is made. Any assessmehts which are not paid when
due shall be delinquent. If the assessment is not paid
within thrity (30) days after the due date, the assess-
ment shall bear interest from the date of delinquency at
the rate of twelve F~ercent (12A) per annum, and the As-
sociation may bring an action at law against the Owher
personally obligated .to pay the same or foreclose the
lien against the property, and interest, costs, and rea-
sonable attorney's fees of any such artion shall be ad-
ded to the amount of such assessment. No Owner may
waiver or otherwise escape liability Eor the assessments
provided for herein by non-use of the Common Area or
abandonment of his Lot.
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ARTICLE XII
CORPORATE SEAL
The Association shall have a seal in circular
form having within its circumference the wordss Settlers
Village Business Association, Inc.
' ARTICLE XIII
AMENDMENTS
Section 1. These By-Laws may be amended, at a
regular or special meeting of the members, by a vote of
a majority of quorum of members present in person or by
proxy.
Section 2. In the case of any conflict be-
tween the Articles of Incorporation and these By-Laws,
the Articles shall control; and in the case of any con-
flict between the Declaration and these By-Laws, the
Declaration shall control.
ARTICLE XIV
MISCELLANEOUS
The fiscal year of the Association shall be-
gin on the first day of January and end on the 31st day
of December of every year, except that the first fiscal
year shall begin on the date of Incorporation.
IN WITNESS WIiEREOF, we, beir:g all of the di-
rectors of the Settlers Village BusinFSS Association,
Inc., have hereunto set our hands this :'ter`--`~ day of
~~ ., ,1981.
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CERTIFICATION
I, the undersigned, do hereby certify:
THAT I am the duly elected and acting secretary
of the Settlers Village Business Association, Inc., an~
Idaho Corporation and,
THAT the foregoing By-Laws constitute the
original By-Laws of said Association, as duly adopted at
a meeting of the Board of Directors thereof, held on the
c 1.i i~ ~,. r: .._y _1981.
~~ day of '
IN WITNESS WHEREOF, I have her"eunt~o subscribed
my name and affixed the seal of said Association this
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~ i _ -• day of '_•-t .4, <<~• ~' ~ 1981.
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by ,RAG.-/-.r //~+.'4~
Deputy
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