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83-60 REZONE FROM S-R TO PA-C 4 OF 4
.. r. ' . n.• 853893 ENDORSED K`rsc FILED ARTIttES of INCoarOMITION OCT 111977 UotoiI OF er W+e srraatez �! OCl IS 477 - ptrBr—mmob PS47£S &0"TE0PTER: R$SOCTA'CION CW K A. NWOK CVW CUA X JACINhiC',y The name of this corporation ("Associa•- ION herei7x'I is pEBBIXbOOD BINES BOMF0A17ER5 ASSOCIAI'atioa ti..n" tor which the ASspci Tha urposes ThO.. P is formed are: , (a)The specific and primary Purposes are 'to bring about civic betto=ents and spcial improvements by providing for the Pres ervation of the architecture and ap-' pe&rance of a plann ed xesidertiai development known as pebblerrood pines (°Project")r located in the County of Butte. State,of California, and by owningrpp..zating and maintaining! Area, Structural: Wntenance Area and Land- certain Conmpn Area properties and facilities for the nye ecape ?laintenaace of all residents Im the entire Projeot (b) The general purposes and powers ares To the common good, health, 1. promote safety and general welfare of all of the residents within t the projectt the powers and priv^ ' Ta exercise al Z. l of all of the duties and obligations of lieges and to perform the 'Asspc atiaa arising from the Declaration, of Covenants, conditions, Restrictions and Reservation Of Easements 60P"- Project 000claration"), as amended from time cab to the rumor. "a.rte.4 plrtN• mcmrmici I !� 41 A ur e i' r x� The foregoing statement of purposes; shall be 'con- strued as a statement both of purposed and, of powers, and purposba and powers in each clause shall not be limited or.. restricted by reference to or in£erenan„from the terms or provisions of any other clause.# but shall be broadly con- strued as in'depardent purposes and powers. Notwithstanding any of the above statements of ,purposes and powers, the Association shall. not, except to an insubstantial degree, engage in any activities or exercine any posters that ars not in furtherance 'o! the primary purposes of the Association. ' THREE: The Association is organi:ced pursuant' to the General Nonprofit Corporation Law of the State of California.. FOUR* The cbunty -in this state 'Where 'tho prIn.- ci a]; office for the txansaction o! the p business of 'the Association is located in the County of, Butte. FIVES The authorized number and qualifications of Mambers.,of the Association, the different glasses .of taembership, if any, the property, voting and other rights and privileges of 'Members, and their liability, for duan - and assessments and the method o! collection thereof, shall) be a$ sat 'forth in the By=Lawpr SIX: The ntunber of nirectpts of the .AssoCia;= tion shall be five (5), and said number inay be changed by'a duly adopted amendment to the Ey-Laws, of the Association, k Fuser. nou*cn. WUMMe b /.cKrrr*f s d T Qi Low . .. .e +r•. .a•.�.�++...nF+•^•r."'..Me: a4 •%!4'. "—'.'.•'mini Association. The Association is one ohlieh 4.905 nut contemplate g sin tl1 profit to the'Membere'thereof rind it i5' Pecuniary organized solely for nonprofit Purt"dil. Upon than dissolu.+ tion of the Association incident to the aUandtlrftAt or ter- zsination of a project, af"er'paying or adequat©iy.providi 4 -, the debts aobligations of thSsocisstions than 'remain—" rithe A, for ing assets shall: be distributed to the Members ie nrcordtnd6 , .. With their ieapective rights hsxein bpoa'dissolutioa. o>: .' reorganization of the Ansociatitln incident to the continued of the Project# the assets shall be distributed, opnration graatcsd,.ctlnvoycd and as signed Ed'a nonprofit fund, trust, corporation or other organization which is organized and op0rated for similar purposes: Zf the Association holds any assets in trust► such ;assets shall be disposed Of IA such manner as fAay be directed by deCree of the Superior Court of than County in which the Association"s principal 'office is locutedo,.upon petition therefor -by tbo Attorneys Generals or by any person concerned in the liquidation. su�wt.�NcxlTTttICY .. a ]�•j y 4 µw44r ISM y I �saagw�� s DGB='cC 6/21/77 VT .,. File No. 10767 TABLE OF_CONTENITS FOR BY—LAWS OF PEBBLEWOOD PINES HOMEOWNERS'_ASSOCIATION PAGE _14 DE 3CA':hTION ARTICLE I GENERAL PLAN OP OWNERSHIP 1 1- Section:1 Name Section 2 AppliCation 1 1 Section 3' Heaving of Terms ARTICLE II VOTING BY ASSOCIATION MEMBERSHIP 1' Section 1 Voting Rights 1 2 Section 2 Majority of quorum 2 Section 3 Quorum; 2 Section 4. Proxies ARTICLE III ADMINISTRATION 2 Section 1 Association Responsibtitties 2 3 Section 2 Place of Meetings of Members 3. Section 3 Annual Meetings of Members 3 Section 4 Special Hoetifigg of Members 5 pt cc of Pleetings of Members 3 Section Section 6 Adjourned Meetings 4 Section 7 Order of Business 6 Action Without Meeting 4 Section Section 9 Consent of Absentees of NotiC4 S 5 Section 16 Minutes, Presumption AWfICLE IV BOARD OF OIRECTORS 5 lie„ Section 1 tiumbar. and Qualifigati,on 5 .. 5 Section 2 Powets and Duties Section 3 Special ftwdes'and'Duties 6 9 Section 4 Hinagemant Agent 5 Elactipn and,16to of Office Section Section 6 Hooks Audit 10 11 Section 7 Vacancies section B Removal of b'irectors 11 12 Section 9 Organizati'on'Meoting of Board Mdebings of Board 12 Section ZQ Rgula'r Section 1`1' Special Hee ,0 of Board 13 13 Section 32 Waiver of Notice a nac+raa: pis.', AU„.sums ACMCKMwC-m(- uir rcairoutps. :.. Oft i DdBewd 5/13/77 VT Fila No. 10151 TABLE OP CONTENTS (Continued) DESCRIPTION PJ1C� E NO., Section 13 Quorum and Adjournment 13` 14' Section 14 Fidelity Bonds 14 Section15 Commit'teem ARTICLE Y OFf tans 14 Section 1 Designation 114' 14 Section 2 Election bf Officerm Section 3 RembVal. of Off;iceca 13' Compensation Section 4 C 15 Section 5 President 15 section 6 Vico President 16 ' Section 7 secretary 16 Section S Treasurer ARTICLE VI OBLIGATIONS; OF AMBERS 17 Section I Assessments Section 2 Maintenance and RepaAr 17 17 ARTICLE VII, ANENDHENt$ TO BY=LAWS 17 ARTICLE V11i MORTGAGEES 18 Section 1 Notice to Association - 10 10, Section 2 1 ,Notice of Unpaid Asnesaments ARTICLE IX CONPLICTInd PROVISIONS 18 ARTICLE X INDEANItICA2ION OF OIREOMRs AND OFFICERS 10 ARTICLE XI, MISCELLANEOUB 14' Secticn,l Erecutlon of Documents 19 19 ' section -2 Inspection of By -Lawn. 20 Section 3 Fiscal: Year 20 Section 4 Membership Book ARTICLE XII NOTICE AND OEARINGt PROCEDURM 7.0 Sectionr1 Suspension of Privileges 20 ?1' i` Section;2 Written Complaint 22 Section,3 Porus ection.4 Notice of Bearing 22 Section 5 gearing 23 23" Section 6 Decision CERTIPIC ATE'Q7 SECRETARY 25 ruwr.na.�.+'oe.' =ii= der OUAM� � McKIRu1CX ' i� L 1 dlo VNY.�.ryy Mrs. � y _ 1 71, pGoleo, 6/21/77 VT Filst No. 10767 BY-LAWS of PEB9UWOOD PINES sOHEOWNERS WOCIATION ARTICLE I GENERAL PLAN QBT OWNER98IP Section 1. Name, 'a'he name of the corporation isIPEBBLEiOOD �i NE W ERs OMIATION, hereinafter roferred to as, the PINES *Association,. The principal office of the Association shall be beat*d in Butte Counh, California. Section 2. Ap�lic�at_ion. The provisions of these By-Laos are a to the pl� armed residential development known as Pabblo- appliCeb wood pines, located in the County of Butte, State of California and futu re owners and their ten- (the "Pioper.ties"). All present ants, futurs tenants, MPlOYeesr and any other person that might ate subject use the facilities of tIhe Properties in any manner, the regulations set forth in these By-Laws and in the Declara- to tion of Coven Conditions, Restrictions and Reservation at (the eco retarded Casements forams, he D.Utto Con" y to ba recti Pebblewood Pines recorded in the Office of the Butte County Recorder and or applicable to the Properties. The meta acquisition or rental of of any Lot any Loi in the Properties or the mere a " e aced of occupancy epted, ratificd� and will will signify that these BY--Laws are be cosiplied with. Section 3. Heanin of Terms. The following terms, as used meanings as are applied to in th'eae ay-Laws sha 1 have the same in the Declarations "Declarant", "Articles•, "board' r such farms "Common Area", I.P. ily", "Structural maintenance-Areas i "Ltlt", "Declaration"r "Ownor",, "Properties'r NHortgage"► "Mort- "Member", "Improvement"r "Annual Aesassmehts", +'Archi, gages",."Association", teotural Committee °, "Special Assessments , Capital Improvement "Lartdsscape Hainta- Asse "Reconstruction Assessments" and nancsSAreas.'; ARTICLE II VOTING BY.ASSOCIATION'l4EHBERSNIP Section 1. Votin Rights. The As ociation shall have''two followas (2) c asses o vot ng Mem a—rs iP as niwr; eouTan. �rl- iU19A � C ne0FAVid" A Y'II �p",p11A}IM r. r DGBecc 6/21/77 VT +f. File No. 10767 Class A. Class A Members shad be those Owners with the exception of Deciarant for so long at; there .exists a Class B Mem- bership.' Class A Members shall be entitled to one (1) vote for each Lot owned and subject to assessment as further provided in the Declaration. Class, The Class B Hem b er shall be Declarant.. The Class B Mem Pr shall be entitled to three (3) votes for each Lot owned by Declarant and" subject to assessment, provided that the Class B Membership shall cease and be converted to Class.A Member- ship on the happening of any of the following events, whichever - .. ..occurs earliest:' (1) When the total votes outstanding in the Clans A Membership equal the total votes outstanding in the Class B Heri- berehipJ or (2) The second anniversary of the original issu- ance of the Final Subdivision Public Report for the Properties. Section 2. !j or ity of -Quorum. Onleas otherwise expressly provided in these ByZE Ms dr -tpe Declaration, any. action which may be taken by the Association may be taken by a majority of a quorum Of the Members of the Association. Section 3. Quorum. Except as otherwise prdvided in those n BY -Laws; the presence. in person or by proxy of at least fifty-one 3f percent (511) of the voting Power of the Membership of the Associ-ation shall constitute a quorum of the Membership. Members Pres- 3 ent at A duly called or held meeting at which a quorum is present may, continue to do business until adjournment; notwithstanding the withdrawal of enough Members to leave leas than a quorum. Section 46 Proxies. Votes may be cast in person or by proxy. Proxies must b in writting and filed with the Secretary at least twenty-four (24) hours before the appointed time of each meeting. Every proxy shall be revocable and 'shall automatically cease after : completion of the meeting fDt which the 'proxy 1460 filed.; ARTICLE III _ _, ADMINISTRATION Section 1. Association Res onsibilities. In accordance with the pro r s ons of C e Declar;at on, the Associatio n shall have the "ibility of administering the Properties, approving the reepono �u�or. NoutoN: -2— �unH� s reciurrwiat, a1 •Ya CO. rkC Ws *x6a. ��iwd�. Yi�W . � •,P},x h. •Vrr"�, hn1�'' R.v w4..-uN� .A:.. :...5"e`l� k n wq,si..z I _ Malcc 6/21/77 VT File No 10761 annual budget, estabishing.and collecting all assessments autho- rized tural control hofDtheaProperties� arranging for overall architec- section 2: Place of Meettnas,of Members. Meetings of 'the Members sna l be held. onthe Properties or such other suitable place in Butte County as pcozicate thereto as practicable and convenient to the members as may be designated from time to time by the Board of Directors. Section 3 Annual Meetings of'Hembers. The first annual meeting of Members shall c e'a was an octy-five (45) days after fifty-one percent (51) of the escrows for the sale of all of the Lots in the Properties have closed or, with#n six (6) months after the close of �ocrow for the sale of the f.iraL Lot in the Proper- ties, whichever occurs first. Thereafter, the annual meetings of the Association' shall b6 held on or about the annivrr!earis a,.I.. ,,s __- _._�__._ - ......... -- ..a 1WLa, an accor- dance virh the requirements of Section 5 of Article IV of these By-Laws.The Members may also transact such other business of the Association as may properly come before them. Each first Hortga-' gee Of a-LOt in the Properties may designate a representative to attend ;all annual meetings of the Members. Section 4; Special Heetinas of Members. It shall be the duty o tine Preaident;to call a special meMnj of the, Members; as directed by resolution of a majority of a quorum of the Board of Directors, or upon 'a petition signed by'Hembers representing At least '(251) twenty-five percent of the total voting power of the Associationor by at least fifteen percent (15%)L of the voting i _ power residing n Hembers other than Declarant. The notice of any special meeting shall state the time and place of such meeting and the purpose thereof. No business shall be„transacted at a special meeting except as, in.the stated notice, unless by consent of those Members presont in person or by proxy, representing at least R. eighty percent (804) of the voting power of the Association. Each first Mortgagee of in the a Lot Properties may designate a repre- aentative to attend allspecial meetings of'the Members,. Section 5. Notice of Heetin s of members. Ft shall be the duty atthe ecretary eo mail a notice at each annual at special meeting of Members, stating the purpose thereof as well as the day, hour and place whereIt' is to be held, to each Hembde of record and to each first Mortgagee of a Lot which has ;filed a written request fo"r not'CeL with the Secretary, at least ten (lo) but not more than thirty (30) days prior -to such meeting. The notice may set forth I '. IU4d•• ROLt1dV. `. ttIRN� p NCRITRICI( • -3- A tAw to./CO now d <i i 1V jL • n aGw. . MNa'kf 1 k 0+DGBrac Flij 6/21/77 VT Filr Mo.. 107676i�ion 5. Consent of Absentees. The transactions of any specials however called meetLRgo'�f�bera,"e cher annus OC be as awls{ as though had at a meeting duly held shall after Oeqular'call and notice, if a, quorum be present either in before or after the meeting, j� Pee, FA, or by proxy, and if, either of the Members not present in 'person or by;praxy, signs a j each wrirton, Salver of notice, or a consent to the holding of such minutes thereof. All such Naivers, l beating's or consents or. an approval of the corporate approvals shall be filed with the records .►r mads a art of th +, minutes of the Sheeting { p ' i f SeSbtion Notice. es or r o Members, when.. pcesumedtkcutena 'similar rof k, o procee Ings o.."meeC ngs signed y the1Preaiecnt b Secetetar'Yo shmll be to evidence the mattics se► forth therein. A recitation in the that notice of the meeting was propdrlr winutes of any auch neetUig given $hall be prima kacle.evidence that such�notico was given. AATICLB IV i i30l1RD OP OIRBCTOAS Section 1, number and Qualification. The property, business a e and managed by ; and a ars of the ,nssocsat on s governed Directors; composed of five (5) Persons, each of whom, a Board of t, except for those appointed and serving as first Directors, must in the Properties, or an agen either be a resident Ownerr of a Lot for long as Declarant owns a Lot in the Properties. ,of Declarant so The Board of Directors Aay increase, by 'resolutions, the authorized have the sole number of Directors; prcvided that the t(embers shall now Director_. Directors shall not receive any ( tight to elect the salaryor coiapenaatton for their services as Directors unless such compensation is first approved by the vote or written consent of of both the Class A and Member's representing at least A majority that (l) nothing herein Class a voting poverg provided, howevery from serving contained 'shall be construed to preclude any Director and receiving compensation the Association in some other capacity theire or, and (2) any Director may be reimbursed for his actual duties. expenaes in"urred in the perfbewb nee of such Directors' _ the Section"2. Powers and Duties. The Board of Directors 2138the powers ani dut es necessary for the administration,of of the Association and may do all such acts and things as; affairs are not by law or by these gy-Laws directed bo be exercised and Board of Directors shall not done exclusively by the Members. The y for a term in ekdeaS of one.(l) /ear, at enter Lhhout theavokeourract written consent of the Members representing 4 jinn+•. nou*M -5— - V • t AGB.cc 6/21/77 VT File No. 10767 je) To fix and levy from time to time annual assess- ments, Special Assessments, and Reconstruction Assessments Upon the Members, as provided in the Declaration; to fix and levy from time to time in anf fiscal year capital improvement Assessments applicable to that year only for capital improvements; to deter- } mine and fix the due date for the payment of such assessments, and 1 tho date upon Which Lthe same shall become delinguenti provided, however, that such assessments shall be fixed. and levied only to provide for the payment of the common expenses of the Association and of taxes and assessments upon real or personal property_ owned, leased, controlled or occupied by the Association, or for the pay- ment of expenses for labor Rendered or materials or supplies used and consumed, or equipment and 'appliancos furnished for the main - ain-'toInance, 'to I nahceiituprovement or development of such property or fur the payment of any and all obligations in relation thereto, or ih per,- . forming or, causing to be performed ,any of the pUrposes of the Asso- ciation for the general benefit and "lfaee of its Members, in accordance with the provisions of the Declaration. The board of Directors is hereby authorized to incur any and all such expendi- tures for any of the foregoing purposes and to provide, orcause 'to be provided, adequate reserves for replacements as it shall deem to be necessary or advisable in the interest of the Associa- tion or welfare of its Members. The funds collected by the Board, of Directors from the Hembers, attributable for replacement reserves, for maintenance, recUrring less frequently than annuallyt and for capital improvements, shall at all times be held in trust for the Members and shall not be commingled with other assessments collected from the Members. Disbursements from such trust reserve 1 fund shall be made only in accordance With the provisions of the Declaration. Such annual assessments, Reconstruction Assessments, Special Assessments and 'Capital Improvement Assessments shall be fixed in accordance with the provisions of the Declaration. Should any Member fail to pay such Assessments before delinquency, the Board of Directors in its discretion is authorized to enforce the paymen4. of such delinquent assessments as provided in the Declara- tion. jf) To enforce the provisions of`the•Declaration cover- ing the Properties, these Sy -Laws or other Agreements of the Association. (g) To contract for and pay fire,casualty, errors and Omissions and director and officer liability (where economically practical)`, blanket liability, malicious mischief, Vandalism, r liquor liability and other insurance, insuring the Members, the ' Association, the Board of Directors and other interested parties, 'in„accordance wi h the p rovisions of ,the Declaration, covering and - ' rvwr.Iwurow �7-��' OURMS MCK1 T111CR COWr T” AiAw - ��:'y o l�,,y,� � {�'4�h f� 1.V ♦,. NUJ F � ; �IF'Y1+0"�F�'k7�. � i �FglII`..k.J'..al. ..,c ...... :3.e4 w.4. iiGw� ♦ I WW. ... .. 4 - `♦ a.. r. . � .. wi. .q�+. tip.•. X , y DGB:cc 6/21/77 VT Pile No. 10767 protecting against such damages or injuries as the Board deems advisable (which may include kithout'limitation, medical Dxponses of persons injured on the Common Area, Landscape MainteOnce Arena or Structural Ma ntenanda Areas). The Board shall review, .not less Frequently than annuaL?q, all insurance policies and bonds �btainad by the Board on behalf of the Association. (h) To contract: for and pay maintenances gardlening, utilities, materials and supplies, and services relating to the Common Area, Landscape Maintenance Areas and Structural Maintenanc7 Areas and to employ personnel necessary for the operation of the - - ' properties, including legal and accOunting.services, and. to con- tract for, and pay for Improvements and landscaping on the Common Area, Landscape;Maintenance Areas and Structural Maintenance Areas. (i) To delegate i.ts powers according to law, and sub- ject to the approval of the Members, to adopt these By-Lawsio (J) r. )To grant easements where necessary for utilities 'and sewer facilities over the Properties to serve the Properties. (k) To fix, determine and name from time to time, if tiec-' or rthe � or -rpo- 1 shalldbeidistribon to which theassetsofrthis Association.ofit o ration - uteri upon liquidation or dissolution, according to the Articles of Incorporation of the Association. The assets so distributed shall be those remaining after aatisfactian of all just debts and oblige - tions of the Asooclakion, and after distribution of all property i held or acquired by the Association under the terms of a specific trust or trusts.. (1) To adopt such rules and regulations as the Board may deem necessary for the management of the Properties, whicE, rules and regulations 'shall become effective and binding after (1) they are adopted by a majority of the Board at a meeting called' for that purpose, ,or by the written consent of such number of Directors attached to a copy of the, rules and regulations of the Association, and (2) they are posted in a conspicuous pla`;e in the Common Area. Such rules and regulations may concern, without lim- itation, use of the Common Areai signsi parking restrictions. min- im,uM standards of property maintenance consistent with the Decla- p Architectural Comwitteer and iother amatte rlithinethefjurisdic'tion any of the Association as provided in the beclarationr provided, however, that such. rules and regulations shall 'be enforceable only to the extent that they are consistent with the'Declaration, the Articles of incorporation And these By -Lake. ►Uwr. ROUriM -g- O4R• ' �4AM G0A11MAT71O , ' N I 1 1 m DGB;wd 1,0/7/17 VT File No. `30767 (m) To, keep, or cause to be kept, a complete record of all acts and corporate affaicA of the AasaciatiOn and to present a statement thereof to the Members at the annual ;meeting of the mcm- bera and at any other time that such statement is requested by at least ten percent ('10%) of the Members who are entitled to vote. (n) To appoint o Membership Committee composer) of at least one (1) Director and at least one (1) Association Member at, large. The membership Committee shall be responsible for contact- ing all purchaaers of Lots-in the Properties as soon as any trans- fer of title to a Lot is discovered. The Membership Committee shall further attempt to establish initial contact with all Men- bars who are delinquent in the payment of any assessments or other charges dub the Association. (o) To sell property of, the Association, provided, how ever,that the prior vote or written approval of Members entitled to cast at least two-thirds (2/3rds) of each class of the voting power of the, Association must be obtained to sell during any fiscal year property of the Association having ,an aggregate fair market - 4 value greater than five percent (5i) of the budgeted gross expensed of the Association for that fiscal year. Section 1. Mena ement Agent; On or before the date of the f rat annual meeting o t e Members of the Association, the poard of Dire;tors may appoint for the Association a management or collection agent ata compensation established by the Board to, perform such duties ,end services as the Board shall authorize, including,.but not limited to, the duties listed in Section 3 of this ArticleIV. section 5. Election and Term of Office. At the first annual meeting of t i Mem e_Ei rsr in t er•ea ter at each annual. `meeting of the members; new Directors shall be elected by secret. written bal- lot by a majority of Owners as provided in these By-Laws, and all positions on the Board of Directors'ahall be filled At that elec- tion. In the event that an annual meeting is not held, or the Board is not elected thereat, the Board may be elected at,any spe- cialmeeting'of the Members held for that purpose. .Each Director shall hold office until h'is successor has hear. elected or until his death, resignation, removal or judicial adjudication of mental incompetence. The term of office of each Director elected at the first annual ceeting and the term of office of each D nectar elected to fill a vacancy created by the expiration of the tern of office of the respective past Director shall be one (1) year. The term ofoffice of each Director elected to,fill a vacancy cre- ated by the resignation, death or removal of his predecessor shall '. &UT0 a MCK11"le[ . DGB:cc 6/21/77 VT, File No. 10767 be the balance of the unserved term of his predecessor. Any person r serving as a Director may be re-elected, and there shall'be, no limitation on, the number of terms during which he may serve. Each Member may accumulate his votes for the election and removal of Directors as provided in this Article iv. At any election of the Board, each Member may give one or more candidate for birector a number of votes equal to the share of the 'voting power as set p y ectors: torbe eleckedDcclaration, multiplied b the number of Dir Notwithstanding the foregoing, whenever (1) notice is given for an election of Directors of the Board and (2) upon such data Declarant is either (i) entitled to ekercise a Class 0 vote, or (ii) entitled to exercise a majority of the; voting power of the Association, and (3)_upon such date the Members other than Declar- ant do riot have ;a sufficient percentage of the voting power of the Association to elect a number of Directors representing at least twenty percent (20s), though not less than one (1), of the entire Hoard through the foregoing cumulative voting procedtireo then such notice shall also provide for the following special elec- tion procedure. Election of Directors shall be first apportioned y to the Members other than Declarant until the aggregate number of } Directors on the 'Board elected by such Members other than Declarant F represents at least twenty percent (20%), though not less than one (l), of the entire Board. Any resident Owner shall be an eligible candidate for "the special election upon receipt by the Secretary of a Declaration of Candidacy, signed by the candidate, at any time prior to -he election. Such election 3'hall be by secret bat= f lot unless a majority of the Members other 'than the Declarant d determine Otherwise. The person or persona ceceLVing the greatest number of votes east by the Members 'other than Declarant shall be elected to the Board in a co -equal capacity with all other Dirac - tors. The remaining Members on the Board shall be elected through the customary cumulative voting procedure outlined above. section 6. Books Audit. The Board of Directors shall cause to be maintained a fuli set of books and records showing the finan- tial condition. of the affairs of the Association in a manner con - distant with generally accepted accounting principles, and at no greater than annual intervals shall obtain an independent certified audit of such books and records. A copy nf,each such audit all be delivered to a Member within thirty (30) days after the completion 'Of''such audit upon written request icon a Member. A balancesheet n and aaudited operating (income) 'statement for tte Association shall be distributed to each Member. (and' to any institutional holder of a first Mortgage on a Lot 1n the.Properties, upon request) as followsi niiw. acr�rTar -10- OURN{ i MCXITTRN7[ .. 1. k R DGBPcc 6/21/71 VT r' File No. 10767 (a) An initial balance sheet and an initial operating ! statement as of an accounting date which shall be the last day of the month, closest in time to six (6) months, following the date of closing of the first sale of a Lok to a Hember, within sixty (60)' days of such accounting datef (b) Thereafter, an annual balance sheet .and an.annual operating statement as ,of the last day of the Association's fiscal year, within ninety (90) days of such accounting date.- ate.The theoperating statement for the first six (6)months account- ing period referred to in (a) above shall include a schedule of : assessments received or receivable itemized by Lot number and by the name of the person or entity assessed. All books, records and papers of the Association shall be pads available for inspection and copying by any Member or his duly appointed represent"ative at " the principal office of the Association or at such other place Boa.prescribe.°T within the Properties,as the rd may he board shall establish reasonable rules with respect to (1) notice to be given to the custodian of the records by the Member desiring to make the inspection,(2)'hours and days of the week when such an inspection may be made and 1"1) payment of the cast of, repro,u"cing copies of documents requested by a Member. Every Director shall have the absolute right at any reasonable time to inspect all books, rec-, ords and documents of the Association, and the physical properties owned or controlled by the Association. The right of the inspec- tion by a Director shall include the right to make extracts and copies of documents. Section 7. Vacancies. Vacancies in the sobed of Directors causeaby any reason otS er than the removal -,at a Director by a vote of the the Association shall be tilled by Vote of the majority of the remainingDirectors, even though they may, con - thethe 'than a remaining lesstiof and each person so elected shall be: :- a` -Director until a, successor is elected at :the next annual meeting or the Hembersof the Association, or at a'special meeting of the Hembers called for that purpose. A vacancy, or vacancies shall be deemed to exist ' -in case of death, cedignation, removal or judicial adjudication of mental incompetence of any Director, or it case the Members fail to elect the full number of authorized Directors at any meeting at which such election, is to take ;place. Section 8. Removal of Directors. At any regular or, special meeting of t�iie- Members u y called. any one or more of the Dire"c- z: tors may be re moved with or without cause by a majority vote of the Members of the Association, and a successor may then and there be elected to fill the vacancy .thus created. Any Director whose „ race. Roarraw —11- auiw• a wcinrrnu�c � 44 Ci.oPl.ipO �pp e , �r �u`' }� ` l�•t(� 4, i1. jyyy l� y}r '�� �.� awn ',.. : y...a.. `�FW .af 3::n 1. .. .•:.. .. . :. 7 w CO6/21/77 ft le fiHo. 1U767 Section il. S ec1a1 Meetin s:of Board. Special meetings ,of the Boarr- o_ O rectors s_a, a open to a Members; provided,, that Members who are, not Directors maynot participate. in any delibera- tions or discussions at such special meeting's, unless expressly so authorized by a vote of a majority 6f,a quorum of 'the Board of Directors. Special meetings may be call-dby the President (or, if he is absent or refuses to act, by the vice fresideht) or by any two (2) Directors. At least seventy-two (72) hours notice shall be given to each Director, personally or by mail, .telephone or telegraph, which notice shall state the time, place (as herein- above provided) and the purpose of the meeting, and shall be posted - at a prominentplace or places within the Common Arpa. If served by mails each, such notice shall be sent, postage prepaid, to the address reflected on the records of the Association, and shall be j deemed given, if not actually received earlier, at 5%00 o'clock P m. on. the socond day after it is deposited in a regular depos- story of the United States mail as provided heroin. Whenever any Director has been absent from any special meeting of the Board, an entry in the minutes to the effect tha'e notice has been duly given shall be conclusive and incontrovertible evidence that due notice of such meeting was given to such Director, as required by law and as provided herein. Section 12. Waiver of Notice. 'Before or at any meeting of the Boar o Directors, any n r-ector may, in writing, waive per- sonal notice of such meeting'And such waiver shall be deemed equivalent to the giving of such notice. by a Director _Attendance at any meeting-of the Board shall be a waiver of notice by him of, the time and place thereof. if all the Directors are present at any meeting of the Board, no notice to the Directors shall be required and any business may be transacted at such meeting. The transactions of any meetiAg of the Board, however called'anel no- ticed or wherever held, shall be as valid as though had at a meet- ing duly held after tegulIar call and notice, if a quorum be pros- i ent, and if, etther before or after the meeting, each of. the " Directors not present sign& such a written waiver of notice, a z consent to holding such meeting, or an approval of the minutes thereof. All such waivers, consents and approvals shall be filed with the records, of the Association or made a part of the minutes of the meeting. Section 13., Quorum and 'Adjournment. Except asotherwise> expre�sZy pxuvided h ee ij, at meetings of the Board of Direc- toru, a majority of t,.+t)iiectors shall constitute a quorum for the transaction of business, and the acts of the majority of the Directors present ata meating at which a,quorum is present shall be the acts of the Board of Directors. if at any meeting of the —13- � .uRtu � we.n�nie�f {, YIV C011101YIM/11 � ) L .�irw�w.lY.1�eM�l.YqslrMYiMs - p d a R 4 DGBscc 6/21/77 VT File Nfo. 14767 q s than a uorum resent the major- Nod,rd of.'DirectoYs, there is less q p n ity of those pre$ent may adjourn the meeting from time to"time. At,any, such adjourned meeting; any business which might have been - transacted at the meeting as originally called may be transacted without further. notice; The Hoard may, with the approval of a majority of a quorum of the Directors+ adjourn a meeting and reconvene in executive session to discuss and vote upon personnel matters, litigation in which the Association is or ihay become involved and orders of business of a similar nature. The natuv6 or any and all business to be considered in executive session shall first be announced in open session. Section 14 FidelityBonds. The Board of Directors may r equire that ail officers and employees of the Association ban- dling or responsible for Association funds shall furnish adequate fidelity, bonds. The premiums on such bonds shall ,be paid by the Association. Section 15 Committees. The, Board of Directora, by resole- tion, may from time t� o time designate such advisory and other com- mi`ttees:as it shall desire, and, may establish the purposes and powera of each such committee created. The resolution designating and establishing the committee shall provide for the appointment of its members, as well as a chairman, shall state the purposes of the committee, and shall provide for reports, tertaination; and other administrative matters as deemed appropriate by the Board. ARTICLE V OFFYCEELS Section l: Designation. The principal officers of the Asso- cation s a 1 be a Pres dent, a Vice President, a Secretary, and a Treasurer, all of whom shall be elected by the Board of Direc- tors. The Board of Directors may appoint an Assistant Treasurer and an Assistant Secretary, and such other officerkt as in their judgment may be necessary. Officers other .than the President need not be Directors. The office of Secretary and Treasurer may be held by the same Person, but the office of President and Secretary may not be held by the, same Person.` Section 2.; Election ofofficers. The officers of the Asso- ciation shall be elected annuaJ ly by the Board of Directors at the Organization Meeting of each new Board of birretors, and each officer shall hold his office" at the pleasure of the Board of direc- _tors, until he shall resign or be removed or, othetvise disqualified to serve'or'his successor shall be elected and qualified'to serve. wKN1 • McKITTRICK - t ♦ IAw CA�.OYTf{1M , 4�'.G�-,•�.�:'.v....'ac.•c_ ,#.. ,w. « «1.. .. ;�W✓r.. ,rk ,Z.,;_•r 4. uLw aMs....:: :4 �. y J _ ' DGBacc''6r21/77 VT File No. 10167 Section 3, Removal of Officers. Vona f£ir v Upon n a coati a vote Of a MOTty of the entire Bo-a-ra-`57 Directors, any officer may be removed, either with or Without cause, and his successor elected : at any regular meeting of the Board of Directors, or at any spe- tial meeting of rhe Board of Director's called for such purpose: i Any 'officer may resign at any time by giving written notice to the Board or to the President or Secretary of the Association. Any such'resignation shall take effect at the date of receipt of such notice or at any later time specified therein) and unless otherw vise specified in said notice, acceptance of, such resignation by the Board shall not be necessary to make in effective. Section 4. Compensation. Officers, agents, and employees -as- shall receiveSUC res on5br-e compensation for their services as may be authorized or ratified ;by the Board; provided however, that no officer shall receive anY compensationfor services per•` formed in the conduct of the Association's business unless such compensation is approved by the vote or written consent of Members representing at least a majority of both the Class A and Class e e ting power; and provided further, that (1) nothing herein con- tained shall be construed to preclude`any,offiedr from serving ". ... the Association in some 'other...capaci;ty and 'receiving.,compensation _ therefor, and (2); any officer may be reimbursed for his actual expenses incurred, in the performance of his duties. Appointment of ;any off.icer;;agent# or employee shall not of itself create con- tiactual rights of compensation for services performed by such officer, agent, or employee. Notwithstanding the for,no officer, employee or director of Declarant or any affiliate of Declarant may receive any compensation. Section S. President. The President shall be tte.4. 1^" ekecUt ve o cerott6e Association. He shall preside at, all meetings of the Association and of the board of Directors. Be shall have all of the generalpowers and duties which are usually vested in the office of the 0resident of a corporation, including but not limited to the power, subject to the provisions of Article IVt, Section 16, to appoint committees from among the Members from } time to time as he mail in his discretion decide is appropriate to assist in the conduct of the affairs of the Association. The Presi- dent shall, subject to the control of the Board of Directors, have general supervision; direction and control of the business of the Association. The President shall be ex officio a member of all standing committees, and he shall have such other powers g and duties ' as may be prescribed b ,the. Board of Directors or these By -Laws of Y P y the Association. niwr. �ourori, -15- at Melfl'fT111CK A / LA, `uwcaprouLppN ,: ' g ii- _ F L DCB:cc 6/21/71 VT tile, No. 10767 r' Section 6 Vice 'president. The Vice President shall take the place of eho President an perform his duties whenever he President shall be absent, disabled, refused at unable to act. if neither the President nor the Vice President is able. to act, the Board of Directors shall appoint some other member 'o£ the Board to dosoon an interim basis.The Vice President shall also perform such other duties as shall from time to time be imposed upon him by 'the Hoard of Directors or these By -Laws of the Association. Section 7. Secretaa. The Secretary shall keep the minutes of al meetings pL cii We Board of Directors and the minutes of all meetings of the Association at the principal office of the Associ- ation or at such other place as the Board of Directors may order. The Secretary shall keep the seal of the Association in safe css- tody and shall have charge of such books and papers as the Board of Directors may direct; and the Secretaryshall, in general, per- form all of the duties incident to the office of Secretary. The Secretary shall give, or cause to be given, notices of meetings If the Members of the Association and of the Board of Directors required by these By -Laws or by law to be given. The Secretary shall maintain a'record 'book of Members, listing the names and t addresses of the Members as furnished to the Association, and such books shall be changed only at such time as satisfactory evidence of a change in ownership of a Got is presented to the Secretary. The Secretary shall perform such other duties as may be prescribed a' by the Board of Directors. Section 8 Treasurer. The Treasurer 'shall have res,ponsibil- ity for` Association funTs and securities and shall be responsible for keeping, at causing to be kept, full and accurate accounts, tax records and business transactions of the Association; includ- ing accounts of all assets, liabilities, receipts and disburse- ments in books belonging to the Association The Treasurer shall •d., . be for the deposit of all monies and other valuable .responsible effects in `the name, and to the credit, of the Association in such depositor os as may from time to time be designated by the. Board: of'Directorsi The Treasurer'shall dsburse'the funds of the Asso- oiation as may be ordered by the Board of Directors', in accordance with the -Declaration, shall render to the President and Directors, upon request, an account of all of his transactions as Treasurer and of the financial conditioNi of the Association, and shall have P ether duties as may be prescribed by,theofDireekorsfocmthese By y niior.eana+. -16-• �V N•YN�W C H MAVVW • r WII,OMt1i11, C w a S�`•."PrvFiV.i i.'., dry ...xi.,, 2 �� i1..�v1 �E.✓.r+i+'.a.4+4dTr�W.,'ay.4 t + �. DGsEad 10/7/77 VT' File No. 10767 approval of each institutional holder of a first deed of trust 10 t in the ! lien of record made in good faith and for Value on a 'before material amendment to these Properties must be secured any effect, Which adversely affects the rights of,any BY° -Laws may take such institutional holder, and this' sentence may not be amended term"i'nstitutional without Such'Prior written approval. The herein shall mean a Mortgagee rfiich is,a bankor hoiden" as used savings and loan association or established mork5age company, or laWa, any corpora- other entityrchartered under federal or state any"federal or state agency. tion or insurance company, be ARTICLE'VIlI MORTGAGEZS ii I Section 2. Notice to Association. A Member who mortgages ian cough the Manager, or his Lo s a nota } t e seer a intheevent there is no Manager, the name z through the Secretary and ad,dreas of his first Mortgagee's and:the Association shall "Picat Mortgagees of, maintain such information in a Gook entitled Member shall likewise notify the Association as Lots•., Any Such to the release or discharge of any such Mortgage. Section 2. Notice of Unpaid Assessments. The Board of Direct' - of a torn o the ssociaat a shall at M request, of a Mortgagee due from te "net of such. Lot._ s` Lot report any Unpaid assessments in accordance with,the provisions of the Declaration. ARTICLE IY CONFLICTING PROVISIONS In case any of these By -Laws conflict with any provisions of California, such "conflicting 'By -Laws shall the laws of the State of be null and void upon final court determination to such effect, effect. In but all other By -Laws shall remain in full force and between the Articles these By -Laws, the case of any conflict "and Articles shall contcolt and in the cafse.af any conflict between the Declaration shall control. the Declaration and these By -Latta, ARTICLE It INDEMNIFICATION OF DIRECTORS JUID OPFICBR3 - Except to the extent that such liability, damage or' injury the Board of Directors may ur j is covered by insurance, proceeds, shall (as appropriate) authoriz"e the Association to pay expenses -18- 64 rvcca. �ossmve. ouwas rs"rr,nea w uW co.,aunar F DCa:cc 6/21/77 VT rile No. 10767 incurred by, or to satisfy a judgment•or fine rendered or levied against, a present or. former Director, officer, committee member's or employee of the Association in an action brought by a third i party against such person, whether or not the Ar'sociation is joined as a party defendant; to imposo a liability or penalty on such person For an act alleged to have been 'committed by suchper- son while a Directory nfficor committee member or emAloyeet Pro- vided, the Board of airectors determines in good Faith that such Directors, officer, committee member or employee was actingin good faith within what he reasonably believed to be the scope of his employment, or authority, and for a purpose which he reasonably, believed to be in the best interests of the Association or its members; and provided, further, that the payment of such expenses is otherwise periaitted or required pursuant to the applicable pro- visions of California Law. Notwithstanding tho foregoing, in no event shall any employee, officer or director of Declarants serv- ing in such capacity as an appointee of Declarant, be entitled to such indemnification. Payments authorized hereunder include amounts paid and expenses incurred in settling any such action or s threatened action. The provisions of ibissectionshall apply to the estate, executor, administrator, "heirs, legatees, or 'deviates of a Director, officer, committee member, or employee, and the term 'peraon" where used in this Article, X shall include the _ estate, executor:i administrator, heirs, legatees, or devisees of such person. ARTICLE XI MISCELLAAEOb3 Section 1. Execution of 'Documents: The toard of Directora, except as in these -By -Laws othorwise provided, may. authorize any 'officer or officers, agent or, agents, to enter into any contract in on behalf of theAsaor'i- or execute any instrument the name and ation, and such authority may be general or confined to epocizic instancesi and unless do authoriaed by the Board of Direc:L•ors, no officer, agent, committee member,`_or employee shall hajo any power or authority to bind the Association by any contras or engagement of to pledge its credit or to render it liable for any purpose or in any amount. Section 2. inspection of E -Laws. The Association shall keep n is o Eice or the transacTctn of business the original or a copy of these By -Laws as amended or otherwise altered to date, certified by the Secretary, which shall be open to inspection by the Members and all first Hortgagees in accordance with Article Iv, section 6;b) hereof. ►utoi. ieasroN. _19r �NIINO • NG11177MNx A $A- CYMGIN,Ia/l g x �y, DGBIcc 6/21/'71 VT Pile Ito. 10767 section 3rFiscal Year.' The fiscal year of the Association shall be etermine y the board of 'Directors, and having been so determined, is, subject to change from time to time as the Board, of Directors shall determine. Section 4. Membershi�Bo�ok. The Association shall keep and maintain- in it- in itis oM a for t— to tr'ansaction of business a book con- twining the name and address of each Member. Termination or trans- fer of ownership of any Lot by,,a Member shall be recorded in the book, together with the data on which such ownership was trans- furred, .in accordance with the provisions of the Declaration, ARTICLE XII NOT.ICE.AND HEARING PROCEDORE Sectton 1. Susnension off.P_riwil_ocja_s_. In the event of an alloge y o ation o�Te Declarat-- -ions tFieso By-Laws or the Rules and Regulations of the Association, and after written notice of such, alleged failure is given to the. Member or to anyone in his Family., or to any tenant. of any Member, or to. anyone in any ten- antes Family ("reepondent') alleged to be in default in the manner herein provided, the Hoard of Directors shall have the right, after affording the respondent an opportunity for an appropriate hearing as hereinafter provided, and upon art affirmative vote of a majority of all Directors on the Board to take any one or more of thn following actions: (1) levy a Special Assessment as pro- ro-videdin vided-inthe Declaration, (2) suspend said Membered voting priv- ilegea as a Member, or (3) suspend said Membered right to use.the recreational facilities maintained by the Association on the Com - mon Area@ ail as further provided in the Declaration. Any such' suspension shall be for a period of not more than thirty, (30) ', days.fot,any none:+ntinuing infraction, but in the case of a con- tinuing nfraction (including nonpayment of any assessment after the ;game; becomes delinquent) may be imposed for so long as the violation continues. The failure of the Board or the Architec- d tural Committee to enforce the Rules and Regulations of the Asso- ciation, these By-Laws or the Declaration, shall not cons'titute,a waiver of the right to enforce the same` thereafter. The remedies •set forth above and otherwise provided by these By-Laws shall be cumulative and, none shall be exclusive. However, rtiny ,individual Aember must exhaust all available Internal remedies of the Asso- clation prescribed by these ey-Laws; or by the Rules and >Regula tions of the Association, before that Member may resort to a court of law for relief with respect to any alleged violation of the Declaration, these By-Laws or the Rules and Regulations of the Asso- ciation by another Membar, provided that the foregoing limitation pertaining to exhausting administrative remedies shall not apply ): '' N4oI. 11o111DN. —2 Q.— -, 6N"N•Ob .'' '- ,. - •iaw CW,GIWTKIN „.. . � r r r , r pGB:cc 5/21%77 VT File No. 10767 �'- to the Board or t,: any Member where the complaint Alleges'nonpay- meat of annual agsessments, Special Assessments, capital Improve- ment, Assessments or Reconstruction Assess'Me nts. 1 Section 2. written Com laint. A hearing to determine whether a r g tF or privilege of tae respondent under the Declaration or these By -Laws should be suspended or` conditioned, orwhether A Special Assessment should be levied, 'shall be initthted by the filing of a written Complaint by any :Member or by any officer or member of the Board of nirectors or the Architectural CoNimittec' s with the President of the Association or other presiding member of the Board. The Complaint shall constitute a written y i statement of charges which Shall set forth in ordinary and concise language the acts or omissions With Which the respondent is charged, and a reference to the specific provisions of the Declaration, these -Lava By or the Rules and Regulations of the Association which the respondent is alleged to have violated'. A copy of the Comolaint shall be delivered to %he respondent in accordance with the notice Procedures set forth in the Declarations together with a statement Which shall be substantially in; the following form: 'Unless a written request far a hearing signed by or behalf on of the person named as respondent in the. accompanying Complaint is delivered or mailed to the Board of Directors Withinlfifteen_(15) days after, the Complaint was delivered or mailed to you, the Board of Directors 'may :proceed upon the Complaint With- out a hearing, and you will, have thus waived your right to a hearing. The request for a hearing may be made by delivering or mailing the encloses form,antitled (Notice of defense' to Board the of Directors at the following address: You ma but nee not a ce resente v coun- el at - any oc a sta es of C ese roceeiiin s. it you es re r u name, and -ad and-adeases o w t- nesses or an opportunity to Inspect, any rete- want writings or Items on file in connection with this matter in the possession, cuatody or control of the Board of Directors, YOU 106Y contact • The respondent shall be entitled to a hearing 'on t 11 he merits of the matter if the Notice of Defense is timely filed with the Board of Directors. The respondent may file a: separate statement by way Of mitigation, even if he does not file a Notide oP Defense. NLo�, IICLfTON. - - ' ■URNS � Mel[ITTAICtt ' ' �4wwlsoRttier -21- ei: ' 5 N J it At, DGBscc d/21/1,7 vrr File 'Nos 10767 section 3. Forum; The President shall appoint a Bearing Committee; "Forums') of three ('3) f persons upon receipt of a writiten Complaint as provided in Section 2 of this Article. In appointing 1 the members of the Forum, the President should make,a good faith effort to, avoid appointing next-door neighbors of the respondent - ] F or anyMembers of the Association who aro witnesses to the alleged violation. giving rise to the Complaint. ache decision of the Preai- dent shall be final, except that the respondent may challenge any Aftber of the Forum for cause; where a fair and impartial hearing cannot be afforded, at any time prior to the taking of evidence at the hearing. Ih the event of such'a challenge, the Board of Directors shall meet to determine the sufficiency of the challenge, without the President voting. if such a challenge is sustained,l { the President shall appoint another Member of the Association to replace the challenged member of the Forum. All decisions of the !I Board of Directors in this regard shall be final. The Forum shall elect a Chairman and appoint a hearing officer who shall present' evidence and ensure that a proper record of all proceedings is maintained. Section 4. Notice of__Be�arinq. The Forum shall serve'a notice of hearing! �as ;tan prov c ereln on all parties at least (10) days prior, to the hearing', if such hearing is requested by the respondent. The; hearing shall be held no sooner than thirty (30) days after the Complaint is mailed 'or delivered to the respondent- as provided in Section 2 of this Article XII. The.notice to the, respondent shall be substantially in the following form but may +j include other informations `You are hereby notified that"a hearing will be held beforea Forum appointed by the President of 'the PebbleNood Pines Homeowners Association at on the ay o at theo�`ur'r0F r upon t e charges made in the Comp a nE a served upon you. You may be present at the hearing, may but head not be represented by counsel; may present any relevant evidence! and will be given full opportunity to cross-examine all witnesses testifying against yov. You are entitled to regUest the attendance of witnessoo and the production of books, documents or other items by applying to the Board of Directors of the Association," ,vLo►. pouTda 4.22-, SURN■ 11 MCKITM ex ' w Lea aw—OiIM ., "' r, fl , ' y s " DGB:cc 6/21/77 VT - Fila No. 10767, _ Section 5. Hearing. (a) lheneVer the Porum has commenced to hear the matter and a member of the Forum is ..forced to withdraw prior to a final 6eterminatian by the Forums the remaining members shall continue to hear the case and the hearing Officer shall replace the with- drawing member: Oral evidence shall betaken only on oath or affirmation. administered, by an officer of the Association. The, use, of 'affidavits and writhen;interrogatories in lieu of oral - testimony shall be encouraged by the Forum: P. shall have to call and - oerose-examine bit- examine witnessesihtoaintroduce exhibitsieto eros nesses on any batter relevant to the issues] to impeach any wit- ness, and to rebut the evidence against him. If respondent does not testify in his own behalf he may be called and examined as it under cross-examination. (c) The hearing need not be.conducted according to tech- nical rules relating to evidence and witnesses. Any relevant evi- dence shall be admitted if it is the sort of evidence on which responsible persond are accustomed to rely. in the conduct of sari - i ous affairs, regardless of the existence of any common lbw or stat- utory rule which might make improper tho admission of such evidence over objection in civil actions. 11earsay evidence maybe used for the purpose of supplementing or explaining other evidence but shall not be sufficient in itself to support a finding, 'unless it would be admissible over objection. :in civil actions. The rules of priv- lege shall be effective to tha extent that they are otherwise requited by statute to be recognized at the hearing, and_Lrcelevant and unduly repetitious evidence shall be excluded. (d)' Neither the accusing ;Hember'not the, allegedly defaulting Member must be in attendance at the hearing. The hear - ins shall be open to attendance by all Members of the Association,,; o the extent, of the permissible capacity of the hearing; xoom. In rendering a decision, official notice may be, taken at any time of any, generally, accepted matter within the Declarationi.these By - Laws, the Ruled and Regulations of fthe Association, or the workings of the Association. Parties present at the hearing shall be informed of the matters to be noticed by the Forum, and these mat- ters shall be made a part of the record of proceedings. The Forum may grant continuances on a`showing of good cause. Section 6. becsion. If the respondent tails to file. a, Notice a'�n se as provided in Section 2 of this Article XII, or fails to appear at`a hearing, the Forum may take action based KILO!•. IlOLf1ON.N —231.- buRM/ • 'CKITTIlICR - y y A IAV GO.lOM11011 �✓J64 t .. ,.. ..'. ..,.. ilihR".•s,ll.3�{W8,f4lrr*„� . -1 ., .. DGS:cc 6/21/17 VT File Na. 10761 upon the evidence presented to it Without further noticel to the respondent: However,the respondent may make any showing.by way' of,mitigatior. The Forum Will prepare written findings of fact and recomidndaLtions for consideration by the Board of Directors. The Porum_shall.make its determinations only in accordance urith i these Bye -Lads. After all testimony add documentaFy evidonce hoe been presented to the Forum, the Foruti shall Vote by secret written ballot upon' the. matter, with a majority of the entire Forum con- +' trolling. A copy of the findings and recommendations of tha Porum shall be posted by the Board of Directors at ;a conspicuoun_place j on the common Area, and a copy'shall be served by the Pros dent on each party in the: matter and his attorney, if thy. ',pisciplinary action and levy of a Special, Assessment under the Declaration, these By -Laws or the Rules and Regulations of the Association and shall be imposed only by the Board of Directors and in accordance with the findings and recommendations of the Forum. The Board of, Directors may adopt the recumvenda.tions of the Forttm in their entirety, or the Hoard may redtce the proposed penalty and adopt the balance of the recommendations. in no event shall the Board of Directors impose more stringent disciplinary action than recdm+ mended by the Forum. The decision of the Board shall be in writing and shall be starved and 'posted in the same manner as the findinge. q and recommendations of tho Forum. The decision of the Board shall become effective ten (10), days after it is served upon the respon- dent, unless otherwise ordered in writing by the Board of birec- tors. The Board may order a reconsideration at any time within fifteen (1-5) days following service of its decision on the parties, _ on its own motion or on'petition by any party. - NLOr, 110LlfSM. -24-' 2011NI r MCKITTRICK ,u d4 h iN R n , r . .' ,.rnnmcviiw.r 1; �..Y._..�f..s.wi+4M4 ♦a ,z..�:++r.�w.r+W�•.. ^.�'�'."'�++,ra'.w.. ' - pGB:cc 6/21/77, VT File No. 10767 CERTIFICATE'OF SECRETARY: 1, the undersigned, do hereby certify thari T, am the duly elected "and acting Secretary of PE86LEWOOD 'PINES HOMEOWNERS ASSOCIATIO17, a California co porati.ona and 2. The foregoing By -Laws comprising 25 pagos including the, By -Laws of the corporation duly adopted this page constitute at the meeting of. the Board of Directors thereof duly hold on November 30 _. , 1977. secretary row. 7lastoo4 -25-' ' iU11NF � M�IUTTNICt o � ♦IAM•+. V ;•, x ��ne A .n.Jw4.,w.w'.�,r, .�.r�d u' '..7 n:`,'. 'i1'G� � �� AUi.u. _ 7'E.:- �tls'i.�.v+,..tl#+3r•NxM.xr.,A...r.. k .,o../, s . ..T � .. ... ., ,, �iawl�t►�NL�aws���.aA:�a�.�..ac..•a.>.�..e.1-.�.�.-,�.-•----,- } �i 1 t 1 _ EXHIBIT "D" SIDEYARD EASEMENT MAO E LOT NUMBER WITH ARROW POINTS TO (SHADED: AREA) EASEMENT OP USE AfID.ENJOYMENT AS A PRIVATE SIDEYARD ARM FOR LOT } NOUD. yv+f= ----„„iewl°�s�' L�T!a'os•:� fwa1N ' ' ll r • SMT•' ,. • rl w•NN °.: {,.e•C• .M' .•• �° Yf 6• �M' l'Mr... Ul t ,'•• yr•• 0111 K• . r 6, _ / � ) �NVMV• HM i+ 1 r.r° wJ r M -•� s•a. � h tf w•w• r x�. yr � Ul 1 ♦ 1 MeY •y.� •.M is Mf• 1 . • � ' r � G //, M � IIA. `V '/.OM •4 �• air a .vide '� .('� s...»--��•�j�i��GT �"iiY!►'1 . .. ln,eei....--.-.,d...�'.f,. CUJJ�CIl AV, A ato of �"•'�"��