Approved 11/21/2013

 

Pinehurst Homes Association

Overland Park, Kansas 66212

 

BYLAWS

 

 

Article I

1.    The name of the association shall be Pinehurst Homes Association.

2.    Its principal office shall be established by the Board of Directors and filed with the Secretary of State in Topeka, Kansas.

3.    Other offices for the transaction of business shall be located at such places as the Board of Directors determines.

 

Article II

Membership

1.    All owners of homes in the subdivisions now and hereafter platted as parts of Pinehurst in Johnson County, Kansas, are automatically members of said Pinehurst Homes Association. Each household in the subdivision shall be entitled to one vote.

 

Article III

Membership Meetings

1.    The annual meeting of the membership shall be held in the month of November at a time and place selected by the Board of Directors. At such meeting, the members shall elect directors to serve until their successors shall be elected and qualified.

2.    A special meeting of the membership may be called at any time determined by a majority vote of the Board of Directors.

3.    Notice of the time and place of all annual and special meetings shall be mailed by the Board of Directors to each member household, at least ten days before the date of the meeting.

4.    The President, or in his absence, the Vice President, shall preside at all such meetings.

5.    At every such meeting, each household represented shall be entitled to one vote.

6.    The Board of Directors shall present a slate of candidates to fill open positions on the Board of Directors. Members at the annual meeting may nominate additional candidates for open positions. Every household represented shall have the right to vote for as many persons as there are directors to be elected.

7.    A quorum for the transaction of business at any annual or properly called special meeting shall consist of the members present at such meeting.


Article IV

Directors

1.    The business of the Association shall be managed by a Board of Directors consisting of nine Association members.

2.    The Directors shall be elected at the annual meeting and shall hold office for three years, or until their successors are duly elected and qualified. The terms shall be staggered so that there are three director vacancies each year.

3.    Other than the annual meeting, the Board of Directors shall meet at such time and place as the President may designate.

4.    Special meetings of the Board of Directors may be called by any two Directors.

4.Each Director shall be notified at least ten days prior to the scheduled time for such meeting, and said notice shall state the purpose thereof. By unanimous consent of the Directors, a special meeting of the Board may be held without the required prior notice.

5.    A quorum for the transaction of business at any meeting of the Directors shall consist of fifty percent or more of the members of the Board. A majority of those present at any meeting shall have the power to adjourn the meeting until a future date.

6.    Vacancies of the Board of Directors may be filled for the unexpired terms by the remaining Directors at any regular or special Directors' meeting.

 

Article V

Officers

 

1.    The Directors shall meet immediately after the annual meeting or at a time and place agreed to by the majority of the Directors, for the purpose of electing officers of the Association. Each current officer shall continue to hold his office until his successor has been duly elected and qualified or until his death or until he shall resign or shall have been removed in the manner herein provided.

2.    The officers of the Association shall be a President, a Vice President, a Treasurer, a Secretary and such other officers as may be elected in accordance with the provisions of this article. The President, Vice President, Treasurer and Secretary, shall be elected by and chosen from the membership of the Board of Directors. The Board of Directors may create additional officers as deemed necessary to conduct the business of the Homes Association. These additional officers shall be elected by the Board of Directors and need not be filled from the membership of the Board of Directors. Any two or more offices may be held by the same person, except the offices of President and Vice President.

3.    All officers of the Association shall have the authority to perform such duties in the management of the property and affairs of the Association as may be provided in the Bylaws, or in the absence of such provision, as may be determined by resolution of the Board of Directors.

4.    Any officer or agent elected or appointed by the Board of Directors may be removed by the Board of Directors, by a two-thirds vote of the full Board, whenever in its judgment the best interests of the Association would be served thereby. Such removal shall be without prejudice to the contract rights, if any, of the person so removed.

5.    A vacancy in any office of the Board because of death, resignation, removal, disqualification or otherwise, may be filled by the Board of Directors for the un-expired portion of the term.

6.    The President shall be the principal executive officer of the Association and shall, in general, supervise all of the business and affairs of the Association. He shall preside at all meetings of the Association and of the Board of Directors. He or any other proper officer thereunto authorized by the Board of Directors may sign any instruments which the Board of Directors has authorized.

7.    Association expenses approved by the Board of Directors and incurred by an officer of the Board shall be repaid by the Association.

 

Article VI

Assessments and Finance

1.    The Board of Directors has the right to set the amount of the annual assessment up to and including the amount of $35.00. If it is desired that the assessment for any year be greater than $35.00, such assessment must be approved by a majority of the households represented at the annual meeting or approved by a majority of the total households responding with a mail-in ballot supplied to each household by the Board of Directors.

2.    All such assessments shall be due on or before the last day of December each year. If not paid by February 1st of the following year, a 25% penalty shall be added. Should such assessment not be paid by the end of the following year, the assessment amount, plus penalty, plus costs may be filed as liens against the property.

3.    The funds of the Association shall be deposited in such bank or trust company as the Directors shall designate and shall be withdrawn only upon checks signed by such persons authorized by the Board of Directors.

4.    The Board of Directors has the right to assess a “transfer fee” upon the sale or transfer of title of a lot or home. The Board of Directors will exercise their judgment to determine the amount of the transfer fee based upon the average charged by homes associations in the greater Johnson County area. It is the intent of the Association that such transfer fee shall be the responsibility of the buyer(s) of any lot or home, providing of course such responsibility is subject to negotiation by and between the buyer(s) and seller(s).

 

Article VII

Amendments

1.    Amendments to these bylaws may be proposed by the Board of Directors at any annual meeting or special meeting of the membership, when the proposed amendment has been sent out in the notice of such meeting. The membership of the Association must approve or disapprove any new bylaws or changes of existing bylaws by majority vote at the Association meeting.