Loading...
HomeMy WebLinkAboutBUTTE CO. PLANNING DEPT. 79-67 61JOB wd 10/7/77 VT P i.l., No 10767 0 �, ` aop�oval of eai;h in"litutional holder of a fir.wt drerl 6F,' trust lien of record mode r,ti' good faith and for valu(' ,0h a Lot in the Properties mUbt be secured before any material a:7p,!6dment to these Dy -Laws may take effect, Which adversely affect: the rights of any Such institutional holder, and this sentence may nrL be amended without such prior written approval. 'Phe term "institutiotnal )holde"r" as used herein shall mean a Mortgagee which is a bank or b / 's and loan association or established more a p tom an y r or r - other entity 'L.,arte ed Jnder federal or state laws, .any corpora- tion or insurance company, or any f1derel or stato agency. y ARTICLE VIII MORTGAGEES Section 1. Notice to AssoCiation. A Member who mortgages his Lot shall notify the Association through the 1,anager, or through,the SearetaLy in the event there is no Manager, the name and address of his first Mortgagee; and the Ass9ciation shall maintain such information in a book entitled "First Mor-tgagees of Lots", Any such Member shall likewise notify the Association as ,to the release or discharge of any such Mortgage. Section 2. Notice of Unpaid Assessments, The Board of Direc- tors of the Association shall at the request of a Mortgagee of a Lot report any unpaid assessments due from the Owner of such Lot, in accordance with the provisions of the Dec`'..F:ation. ARTICLE IX CONFLICTING PROVISIONS In case any of these By -Laws conflict Wi'lh any provisions of the laws of the State of California, such conflicting By -Laws shall be null and void upon final court determination to such effect, but all other By -Laws shall remain in full force and effect. In case of any conflict between the Articles and these By -Laws, the Articles shall control; and in the case of,4ny c4 lic,', between the Declaration and these By --Laws, the Declaratio`i7 shall control. ® ARTICLE X INDEMNIFICATION OF DIRECTORS AND OFFICERS Except to the extent that such liability, dacage or injury is covered by insurance proceeds, the Board of Directors may or shall (as appropriate) authorize the Association to pay expenses ; r -18- FULOP. ROLB=N.. rV' BURNS a MCKWMICK " A LAN CCIIMMTION r.� 0 incurred by, or to satisfy a judgment or fine rendt.,red or levied again.t; a present or former Director, officer, cot�tnit ee member, or employee of the Association in an action brought by a third party against such person, whether or not tho Association is Joined as a party defenclant, to impose a liability or penalty on such person for an act alleged to have been committed by such per son while a Director, officer, committee member or employee, pro- video, the Board of Directors determines in good faith that such Director, officer, committee member or employee was acting in 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 permitted or required oursuint to the applicable pro- visions oft California Law. Notwithstanding the foregoing, in no event sliall any employee, officer or director of Declarant, serv- ing in such capacity as an appointee of Decl rant, be entitled to such indemnification. Payments authorize hereura er include a:iounts paid and expenses incurred in settliiog any 'Such action or j threatened action. The provisions of this Section shall 'apply to the Estate, executor, admirii,strator, heirs, legatees, or devisee,, rof a Director, officer, comms,ttee member, or employee, and the � terra "person" where used in tams Article X shall include the estate, executor, administrator, heirs, legatees, or devisee= bf- such person, AR9#TE XI MISCELLAt7EOUS Section 1. Execution of Documents. The Board of Directors, except asin these Sy -Laws otnerwise provided, may authorize any officer or officers, agent or agents, to enter into any contract or execute any instrument in the name and on behalf of the Associ- ation, and such authority may be general or confined co specific instances; and unless so authorized by the Board of Directors, he officer, agent, committee member, or employee shall have any power or authority to bind the Association by any contract or engagement or to pledge its credit or to render it 'Liaole:for any purpose or in any amount. Section Z. Insiiectiori of Sy -Laws. The Association shall keep in its office for the transaction of business the original: or a copy of these Sy -Laws as amended or otherwise ,altered to date, Certified oy the Secretary, which shall be open to inspection by the Members and all first Mortgagees in accordance with Article z'v, Section 5(b) hereof. FULOP. nOLSTON. OUnNS a ucKIT ICK _19- A LAW CtreW®AT)OR f� 0 incurred by, or to satisfy a judgment or fine rendt.,red or levied again.t; a present or former Director, officer, cot�tnit ee member, or employee of the Association in an action brought by a third party against such person, whether or not tho Association is Joined as a party defenclant, to impose a liability or penalty on such person for an act alleged to have been committed by such per son while a Director, officer, committee member or employee, pro- video, the Board of Directors determines in good faith that such Director, officer, committee member or employee was acting in 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 permitted or required oursuint to the applicable pro- visions oft California Law. Notwithstanding the foregoing, in no event sliall any employee, officer or director of Declarant, serv- ing in such capacity as an appointee of Decl rant, be entitled to such indemnification. Payments authorize hereura er include a:iounts paid and expenses incurred in settliiog any 'Such action or j threatened action. The provisions of this Section shall 'apply to the Estate, executor, admirii,strator, heirs, legatees, or devisee,, rof a Director, officer, comms,ttee member, or employee, and the � terra "person" where used in tams Article X shall include the estate, executor, administrator, heirs, legatees, or devisee= bf- such person, AR9#TE XI MISCELLAt7EOUS Section 1. Execution of Documents. The Board of Directors, except asin these Sy -Laws otnerwise provided, may authorize any officer or officers, agent or agents, to enter into any contract or execute any instrument in the name and on behalf of the Associ- ation, and such authority may be general or confined co specific instances; and unless so authorized by the Board of Directors, he officer, agent, committee member, or employee shall have any power or authority to bind the Association by any contract or engagement or to pledge its credit or to render it 'Liaole:for any purpose or in any amount. Section Z. Insiiectiori of Sy -Laws. The Association shall keep in its office for the transaction of business the original: or a copy of these Sy -Laws as amended or otherwise ,altered to date, Certified oy the Secretary, which shall be open to inspection by the Members and all first Mortgagees in accordance with Article z'v, Section 5(b) hereof. FULOP. nOLSTON. OUnNS a ucKIT ICK _19- A LAW CtreW®AT)OR 1 i DGB:cc 6/'21/77 VT , File No. 10767_ ® Section 3. Fiscal, Yearthe fiscal year ox the association shall Ue determined y the Board On o£ pirectors, and having been determined, is subject to change from time to time of Directors shall determine. 'as i;he Boardso Section 4. membetshP_�,Book. The Associatioh shall keep and maihtaln n Its o1C=rce for the transaction of business a book con- taining the name'and address of each Member. Termination or trans-= far of ownershin of anyLot by ,a. Member shall be recorded in the book, to with the date on which such ownership Was trans- ferred, in accordance with, the provisions of the Declaration. f ARTICLE XII " NOTICE AND HEARING PROCEDURE 1' Section l; Suspension ok alleged violation of the Declarationlethe�e,1_the event o£ an c !� 4f and iteaulations of the r y LaWs or the Rules association, and after written notice such alleged failure of „is`gi.vt`n to the Member or to anyone in his Family, or to any tenant of any Member, or to anyone in any Len - ant ' s Family ("respondent") ) alleged to be in default i(ri the manner provided tyle Board of Directors shall have the''right, after affording the respohd'ent•an Opportunity for an appropriate hearing as hereinafter provided; and upon an affirmative vote of a majority of all Directors on the Board to take any one or more of the following actions: (1) levy a Special,Assessment as pro- vided in t:he Declaration, (2) suspend ' acres s?aid Member's voting prix= a Member, ie (3) suspend said Member's right to recreational io use the facilities maintained by the Association on the Com- mon Area, all as further provided in the Declaration. Any such suspension shall be for a Period of 40 not more than thirty, days fOr any nancontinuing infraction, but in the case of a con - (including infraction (including nonpayment of any assessment after thesame becomes delinquent') may be imposed for so long as the violation continues. The failure Of the Board /. or the Architec tural Committee to.enfcrce the Rules and Regulations of the Asso- ciation, these By=La'as or,the Declaration shall not constitute a Waiver of the right to enforce the same, thereafter, the r� remedies S&L forth above and otherwise provided by these By -Laws sha)i-off cumulative and none shall be exclusive. However, any ihdiu(A1dua,t Hember, must ekhaust all available -internal renedies of the Ass ciation prescribed by these By -Laws, or by the Rules and R�,gula'- tions of the Association, before that Member may resort to a court of law EOr relief With respect to any alleged'viOlation of the Declaration, these >3y -Laws or the Rules and Regulalons o€ the Asso- dation by another Member, provided that the foregoing limitation pertaining to exhausting administrative remedies shall not apply FULde, ROLSTONr ;_1" . 6Upu$:G wtklTlwflC�lt ..�p-, AI.XNcoesan,4bdN ,. g� .e _ .aaep�ipns 01 r „ VG 13 Cc 6/21,177 VT File No. I0767 to the Board de to any Member where the complziine, alleges ,nonpgy- ; ment of annual assessments', Special Assessmenkb,,'thpital improve- ment Assessments or Reconstruction Assessmenta. o Sectior, 2 Written Complaint. A hearing to determine whether a right or • prfVilege ,o the respondent under thl; Declaration or these By -Laws should be suspended or conditionod, or whether a Special Assessment should be levied, shal,1 be initiated by the filing Of a Written complaint by, any Member or by .any officer or member of the Board of Directors or the Architectural Committee'' with the President of the Association or other presiding member Of the Board. The Complaint shall constitute a written.staLement 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 s_decific provisions of the Declaration, these By -Laws or the Rules and Regulations of the Association W' respondentrespondent is alleged to have violated. A copy or the Complaint shall be delivered to the respondent in accordance with the notice procedures set forth in the Declaration, together_With a statement which shall be substantially in the following forme 'Unless a written request for a nearing signed by or on behalf of the person named as respondent in the accompanying Complaint Is delivered or mailed to the Board of Directors-- within fifteen (15) days after the Complaint was delivered or mailed to youp 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 a� the enclosed form entitled "Notice Of Defenses to the Board of Directors at, the following ; address: YOU may, but need .noti be reoresented by court- sel at anv or all stages of these broceeuinas. If you desire the names and addresses of wlt- nesses or an opportunity to inspect any rele- vant writings or items on file in connection with this matter in the posszssioh; custody or control of tiitf4oard of Directors; you may - contact The respondent shall be entitled to a;hearin,g on the 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 mitigations even if he does not file a Notice of•Defense. � ruC..op. ROL9TON, DURN3 d McKI7TDICK AL-w44 -00716" i rte; �1 rhe 5 c, P, 00A. -Cc 6/21/77 VT G`ile No. 10767 1!f ection 3. Prum. The President shall appot,tit a Hearing tee ("Forum") of three (3) persons upon recOlpt of a written' int as provided in Section 2 'of this Articlo. in appointing mbers o£ the Forum, the 'President should rake a good faith to avoid appointing next -'door neighbors of the respondent' i Members of the Association who are witnesses to the alleged ion giving rise to the Complaint. The 8eciuion of the presi hall be final., except that the respondent may challenge any of the Forum for cause, where a fair and. impartial hearing be afforded, at any time prior to the tatting of evidence hearing. In the event of such a challenge, the Board of ors shall meet to determine the sufficiency of the challenge, t the President Voting. if such a challenge it sustained, esident shall appoint another Membet of the Association to elect a Chairman and appoint a hearing officer who shall present evidence and ensure that a proper record of all proceedings is maintained. . 5ecti� on 4. Notice of Hearing The Forum shrill serve a notice of hearing, as, as provided herein, on all parties at least ten (10) days prior to the hearing, if such hearing is requested by the resporident. 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 X11. The notice to the respondent shall be substantially, in the following form but may include other information: f - +'You are hereby notified that a hearing will be geld before a Forum appointed by 'the President of the Pebblewood Pines Homeowners Association at on the day of - , ly^� at the hour of , upon t'le charges made in •the Comp a:nt served upon you. You ma}' be present, at the hearing, may but need n any by counsel, may present not be re an relevant evidence, and will be given full - p, ty to cross-examine all witnesses testifying against you. You are entitled to request the attendance of witnesses and the production of books, documents or other items by applying to the Board of Directors of the. ! Association." FULOP. RO{STON, -22- I'URNs & MCKITTRICK A Lxw tomooRktt6" - ZI ICl) n S�P74( UGd:cc ;5/21/17 VT , File No. 1067 Section 5. flearing (a) vrhenever the um has commenced to hear the matter and a'member of the Forum is ,arced to withdraw prior to a final oeterminaticn by the Forum, the remaining members shall continue to heat the case and the hearing officer shall replace the With- drawing member. Oral evidence shall be taken only on oath or atfitmatiah administered by an officer of the Association. The use of affidavits and written interrogatories in lieu of oral testimony shall be encouraged by the Forum. (b) Each party shall have these rights: to cal,,1 and'' examine witnesses; to introduce exhibits; to cross-eXamihe wit- nesses on any matter relevant to the issues; to_impeach any wit- `evidence ness; and to rebut the against him. 11' 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 persons are accustomed to rely in the conduct of seri-_­` r`„ ous affairs, regardless of the existence of any common law or stat- ' utory :rule which might make improper the admission of such evidence over objection in civil actions. Hearsay,evidence may be used for „ the purpose of supplementing or explaining othex evidence but shall' hot be sufficient in itself to s5bpooxt a finding, unless it, would oe admissible over objection in civil actions, The rules of priv- ilege shall be effective to the extent that they are-).therw se required by_.)statute 'to be recognized at Elie hearing; and irrelevant and unduly repetitious evidence shall be excluded. (d) Neither the accusing Member nor the allegedly defaulting Member must be in attendance at the hearing. The hear- ing shall be gpen to attendance by all Members of the Association, to the extent of the permissible capacity of the hearing room. In rendering a decision; official notice may be taken at any time of any generally accepted matter within the Declaration, these By- Ijtaws, the Rules and Regulations of the Association, or the workings of the Association. Parties present at the hdaring shall be informed of the matters to be noticed by the Forum # 4hd,,_these mat- ters shall be made a part of the record of proceec��k1�5 ;:::L Forum May grant continuances on a showing of good ca,pse,' Section 6. Decision., if the respondent fails to file ,a Notice of Defense as provided in Section 2 of thi:,• article XII, or fails to appear at a hearing, the ,Forum may take action based ' iULaV+. ppisraN,. —23 FiVR�I# h M4NIT7RICK' sr , .;% Yq". l „ A DGB:cc 6/21/77 VT File No. 1U767 upon"the evidence presented to it without further notice to,the respondent.. ,However, the respondent may make any showino by._way of mitigation. The Forum will prepare written finJings. of fact , and recommendations for consideration by the Board of Directors. The Forum shall make its,determ'inations only in :accordance with these By -Laws. After all testimony and documentary evidence has been presented to the Forum, the Forum shall vote by secret written ballot upon the matterr with a majority of the entire 'Forum con- trolling. A copy, of the findings and recommendations of the Forum shall be postedb� the Board of Directors at a conspicuous place on the Common Area,_and a copy ,shall be served by the President on each party in the r�Ltter`and his attorney, if any., Disciplinary lr 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 aatordane,e with the findings and recommendations of the Forum. The Board of Directors may adopt the recommendations of the forum in their entiretyO or the Hoard may reduce the proposed penalty ,and adopt the balance of the rec.ommendations. in no event shall the Board of Directors' impose more stringent disciplinary action than recom- mended by the Forum. The decision of„the Board shall be in writing and shall be served and posted in the same manner as the findings and recommendations of the 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 Direc- tors. The Board may order a reconsideration at any tiite within ' fifteen (15) days following service of its decision oh the parties, on it,s own motion or on petition by any party. I , BURNS d McKITTNICK - - A LAW tOMPORATION4WOMM, Jim, k: . ., ^t. C] . ... .. '--•-Derr+e�v��I11trM07�7®I�N',OIiK✓mRs,ty EXHIBIT "Cn Y DESCRIPTION OF LANDSCAPE `MA.INTENA*NiCE AREAS 4, t1 LOT 8 — (SHADED AREA) INDICATES PORTION$ OP xNbIVIi3t3AiL't OPINED LOTS AND COMMON AREA THAT IS MAINTAINED BY THE ASSOCIATION. ., LOT COMMON AREAS MAINTAINED BY THE ASSOCIATION. (1 Zzl, . ..,... LOT :9 r yy+, ?' .NtP 11 r �. 4 ..00 bT•L'asr u:sy � w .. . 26 Lf _ P �1 711 r .p h x ♦xa 4 .. .. 4nR'tiR Rd'W •^' P r,.. Vii.,: s,4 w'M1 Isr,•t' '•�nRa.-aO4 L4•� t.ar c* L.. y h, !;' 1 lRD P t r r _ P oi' j/ F� $ LOT W n 1 ' r LOT, B 117 r 41. It*. r v • 9r r xs,vt dam ,Any... N v '. as / P j 4r MY r ty !U 1IJ OiC r ie iPR•aVn �M' 1 .�� it F �..1 'i X `` ,,,.+n •6.1 - .a ..a v, Sn !' _ '.9 L*,.4 �"•'i. EA 1 �I)-1C;4i .AVE 17�aCirc 0/21/77 VT h1t' Vio. 10767 ,v4 �J C R'1IiiCATC OF SECRETARY • \` 0 I, the undersigned, do hereby certify that: 1. I am the duly elected and acting Secretary of PUBLEWOOb PINES HOi-1EO"L ERS ASSOCIATION, a California co'rporation;$, and Z. The foregoing By -Laws comprising 25 pages ihd;uding this page constitute the By -Laws of the corporation dVIl \adopted at the meeting of the Board of Directors theteoE duly held on November 30 ; 1977• Secretary (SEAL)�� r IR ® 0 , i a' yRULOP, Not ror4, DUANS & w*jT-rk1CK - , —Q5" t y A LAW CORPORATION i. l4, EXHIBIT "DI, SIMARD EAStm8NT MAP E LOT NUMBZR WITH ARROW POINTS TO (SHADED AREA) PASEh1�NT OL USC AND CNJOYMENT AS fi PRIVATE SIMARD AREA VOR LOT' ?DOTED. ' .Crr III.IA/s14Y.Y I..SRaY.. ec.etwe. wo 9?•yd 4S':4 u2Y II - .. "'f .M�^P^..r tri •G+Ply 'My•w I !•�' aqv .J� �b�. i?} .,,,�� y ., n Ir r to ro le � r. r t � sl � 11�r10 h� •)1 ? .S LL heY M+,«tt^h a PMuea 1'!'W.•a+-.i� vN?y'16 d'p (��' W� r .L.ti P P' � p.a d ". 4,•e R.Y. y � .� f P as r ' .• r ^ yr + r ' u ha• c,R u+a �mr'c' i `a eY•oP as'w _ . �� r , .. � awt ,^ .,+• »..et .. .vim ,' �, " • aF„?s' Lar e+ eii y;' 76 +� /, r � CP 'yt•P I h, r R'IOL tiar... iI, / „><�" C a+ 1Yu 't N �.. � � •' 8, y hi�'a,V.ete � rnai � ... � tJ, � Cyt y 1 tiY � Z � P t7 �Pt'w" 4^, •`Wryµ d �� qq S ae r b+ f" a•17 ,f7 �y p � i a-.. � P.. L r•, o+r spu .s ail y"!• Q0.` � y r.wy y'° [a•+� Ore "• � .,, I��l v < r u� x o -P e r r it • r r• i l' io t ... ro F �Ny '.. !"'. t•br a. ^• r •r .i #+ .',� �T' r +" b6"ry4a.., ���� fir•.*Lt Va aI ♦ ear ,+^' r». ' � n> R+'� * 1 ey •gMG'VbFM .'r •` ,, .J »' .�!• r ". .S A'# Af q" 4 1 • a+w1Rb?,�1tt.S }'... n a 'F h '••-.v rn'a 2><a 's h1 w.v —,�1*,a - _= Y':"'�'�;'�' x ra�i�'� n;31'• �»:'� �-�......;bax'�cti'o.....sa.��k S 1 :� :"aa • AV9 CiVa iN2:UltkNY e�•! 1., p eas'.