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BYLAWS FOR
QUAIL HOLLOW (A Rural Residential Community in Choctaw, Oklahoma)
CONTENTS
1. ARTICLE I - GENERAL PROVISIONS..................................................................... 4
1.0 Identity 1.1 Bylaws Subject To Other Documents 1.2 Applicability 1.3 Definitions 2. ARTICLE II - MEMBERSHIP, VOTING, QUORUM, PROXIES .......................... 6
2.0 Qualifications of Members 2.1 Classes of Membership 2.2 Quorum 2.3 Voting Member, Corporation, or Multiple Ownership of Lot 2.4 Voting Proxies 2.5 Voting By Certified Written Ballot 2.6 Voting 2.7 Majority Vote A. Special Assessment / Approval Requirements B. Amendments to Declaration and/or Bylaws 3. ARTICLE III - ANNUAL AND SPECIAL MEETINGS OF MEMBERSHIP ........ 9
3.0 Annual Meeting 3.1 Special Meeting 3.2 Notice of Meeting: Waiver of Notice 3.3 Adjourned Meeting 3.4 Chairman 3.5 Order of Business 3.6 Minutes of Meeting 4. ARTICLE IV - BOARD OF DIRECTOR DUTIES .................................................... 11
4.0 Duties and Responsibilities 4.1 Eligibility/Restrictions 4.2 Enumeration of the Board of Directors 4.3 President 4.4 Vice President 4.5 Secretary
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4.6 Treasurer 4.7 Board Members 1, 2, 3 and 4 4.8 Compensation 4.9 Committees 4.10 Committee Restrictions 4.11 No Liability 5. ARTICLE V - MEETINGS OF THE BOARD OF DIRECTORS............................. 14
5.0 Quorum 5.1 Membership Attendance of Board of Director Meetings 5.2 Notice of Board of Director Meeting to Membership 5.3 Voting By Directors 5.4 Meeting Requirements 5.5 Organizational Meetings 5.6 Regular Meetings 5.7 Special Meetings 5.8 Waiver of Notice 5.9 Adjourned Meetings 5.10 Presiding Officer 5.11 Order of Business at Director Meetings 5.12 Minutes of Meetings 5.13 Place of Meetings 6. ARTICLE VI - ELECTION OF BOARD OF DIRECTORS ..................................... 16
6.0 Nomination Procedures 6.1 Election Procedures 6.2 Recall of Board Member during Annual Meeting 6.3 Recall of Board Member by Special Meeting 6.4 Election of Board Member Resulting From Recall 6.5 Vacancies 6.6 Resignations 6.7 Interim Procedures for President/Vice- President Vacancies 6.8 Involuntary Resignations 6.9 Term of Office 6.10 Staggering of Board Terms 6.11 Waiver of Term Limits 7. ARTICLE VII - FISCAL MANAGEMENT OF THE ASSOCIATION ................... 19
7.0 Fiscal Management 7.1 Budget 7.2 Assessments 7.3 Depository Withdrawals 7.4 Audit
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7.5 Operating & Reserve Accounts 7.6 Fidelity Bonds, Proviso 7.7 Fiscal Year 7.8 Acceleration Installment Of Payments 7.9 Accounting Records and Reports 7.10 Application of Payment 7.11 Roster of Members 7.12 Tax Election 7.13 Insurance 7.14 Contracts 7.15 Capital Improvements/Expenditures 8. ARTICLE VIII - ENFORCEMENT OF DECLARATION, RESPONSIBILITIES
& LIABILITIES OF MEMBERS ................................................................................. 23
8.0 Responsibilities of the Board of Directors 8.1 Method of Reporting Complaints 8.2 Right & Obligation of Enforcement 8.3 Enforcement of C C& R’s 8.4 Action for the Board Of Directors 8.5 Homeowner Appeals 8.6 Liability of Lot Owners 8.7 No Waiver 8.8 Default in Payment of Assessment; Lien 8.9 Quail Hollow Input Form (SCF-1) 9. ARTICLE IX - AMENDMENTS TO BYLAWS .............................................................. 27
9.0 Amendments to Bylaws 10. ARTICLE X - ARCHITECTURAL COMMITTEE ..................................................... 28
10.0 Committees 10.1 Rules 10.2 Election of Architectural Committee 10.3 Records 10.4 Amendments/Changes to Architectural Committee Rules 10.5 Request for Architectural Committee Review Form (SCF-2) 11. ARTICLE XI - MISCELLANEOUS ............................................................................... 30
11.0 Severability 11.1 Conflict 11.2 Parliamentary Rules; Roberts Rules of Order 11.3 Quail Hollow Input Form (SCF-1) 11.4 Quail Hollow Request for Architectural Review (SCF-2)
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ARTICLE I
GENERAL PROVISIONS
1.0 Identity - These are the Bylaws of QUAIL HOLLOW HOMEOWNERS ASSOCIATION, an Oklahoma corporation (the "Association"). The Association has been organized for the purpose of administering the operation and management of a residential community known as QUAIL HOLLOW, a rural addition to the City of Choctaw, Oklahoma County Oklahoma, developed by TRIO DEVELOPMENT COMPANY, L.L.C. (the “Development”). The Association will govern the Development in accordance with the Declaration of Covenants, Conditions and Restrictions for QUAIL HOLLOW, recorded in the public records of Oklahoma County, Oklahoma (the “Declaration”). 1.1 Bylaws Subject to Other Documents - The provisions of these Bylaws are applicable to the Association, and are expressly subject to the terms, provisions, covenants, and conditions contained in the Declaration. 1.2 Applicability - All owners of lots in the Development (“Lot Owners”), their respective families, invitees, guests, and lessees, are subject to these Bylaws and the Declaration. 1.3 Definitions:
A. “Association” shall mean and refer to the Quail Hollow Homeowners Association. B. “Certificate” shall mean and refer to the Certificate of Incorporation of Quail Hollow
Homeowners Association, which was filed with the Oklahoma Secretary of State on June 9, 2003, as the same may be amended from time to time..
C. “Common Areas” shall mean and refer to all the properties owned or controlled by the Association. D. “Common Expenses” shall mean the cost of maintaining the Common Areas.
E. “Declaration” refers to the Declaration of Covenants, Conditions, and Restrictions for
Quail Hollow filed by Trio Development Company, L.L.C. F. “Lot” refers to any plot of land shown on the subdivision map other than the
Common Areas. G. “Board” or “Board of Directors” shall mean the Quail Hollow Homeowners
Association Board of Directors and Officers. H. “Director” shall mean a member of the Quail Hollow Board of Directors I. “Officer” shall mean the office of President, Vice-President, Secretary, and Treasurer
serving as a part of the Quail Hollow Board of Directors.
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J. “Member” or “Membership” shall refer to Quail Hollow Lot Owners on the role of
Quail Hollow Homeowners Association. K. “Board of Director Members shall refer to Board Members other than an Officer. L. “Declarant” shall refer to Trio Development Company, L.L.C.
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ARTICLE II
MEMBERSHIP, VOTING, QUORUM, PROXIES
2.0 Qualifications of Members, etc. - The qualification of Members, the manner of their admission to membership and termination of such membership and voting by Members, shall be determined by the provisions set forth in the Declaration, the Certificate, and in these Bylaws.
2.1 Classes of Membership: Weighting of Votes - The Membership shall be divided into a Class A and a Class B membership and the votes of the Member or Members of each such class shall be weighted as provided in Article V, Section 5.03 of the Declaration. Whenever reference is made herein or in the Declaration to Members entitled to cast a majority or other number or percentage of votes, voting power or voting interest, the computation of whether that number of percentage has been attained shall be made by weighting the votes of the Class A members and the Class B members as provided in Article V, Section 5.03 of the Declaration. 2.2 Quorum – A quorum with respect to the Membership shall mean more than 50% of the Membership. 2.3 Voting Member, Corporation, or Multiple Ownership of a Lot :
(A) A “Voting Member” shall be one of the record Lot Owners or the corporate, partnership, or entity representative of the Lot Owner. Such Voting Member shall be authorized to vote on behalf of the Lot Owner until such authorization is revoked in writing or until a change occurs in the ownership of the Lot. The appointment of a Voting Member may be revoked by any record owner of an undivided interest in a Lot. If the Lot is owned jointly by multiple parties (Lot Owners living together as a single household unit shall be authorized to cast votes as outlined in (1), (2) and (3) below), the Lot Owners may, but shall not be required to, designate one Lot Owner as the Voting Member. In the event Lot Owners do not so designate a Voting Member, the following provisions apply:
(1) If all owners of the Lot are present at a meeting and are able to concur in their
decision upon any subject requiring a vote, any owner may cast the vote as the Voting Member; or
(2) If all owners of a Lot are present at a meeting and are unable to concur in their
decision upon any subject requiring a vote, they shall lose their right to vote on that subject at that meeting, and their vote shall not be considered in determining whether a quorum is present on that subject at the meeting (and the total number of authorized votes in the Association shall be reduced accordingly for such subject only); or
(3) If only one owner of a Lot is present at a meeting, the person present shall be
counted for purposes of a quorum and may cast the vote just as though he or she
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owned the Lot individually and without establishing the concurrence of any absent owners. Unless both spouses attempt to cast conflicting votes or unless a spouse announces to the meeting prior to or during the vote on a subject that both spouses are present at the meeting and are not able to concur in their decision, then the spouse actually voting shall be deemed to have had valid authority therefore.
(B) If a corporation, partnership, or other entity (i.e., not a natural person) is the owner of
a Lot, then the voting ballot as provided for herein shall be executed a duly authorized representative of such entity. The Association may request proof of the authorization of any such representative
2.4 Voting Proxies - Votes may be cast in person or by proxy. All proxies shall be in writing; shall specifically set forth the name of the person voting by proxy, the name of the person authorized to vote the proxy for them, the date the proxy was given, and the date, time, and place of the meeting for which the proxy is given. If a the proxy is for a limited purpose, the proxy shall set forth those items in connection with which the holder of the proxy may vote, the manner in which the vote is to be cast, and shall be signed by the person entitled to vote. The proxy shall be filed with the Secretary of the Association prior to or at the meeting at which it is to be used, and shall only be effective for the specific meeting for which originally given and any lawfully adjourned meetings thereof. In no event shall any proxy be valid for a period longer than ninety (90) days after the date of the first meeting for which it was given. Every proxy shall be revocable at any time at the pleasure of the person executing it. Holders of proxies need not be Members. Where a Lot is owned by more than one person or entity, the proxy must be signed by the Voting Member. Where a Lot is owned by more than one person or entity, and the owners have not designated one of themselves as the Voting Member, a proxy must be signed by all owners in order to designate a third person as proxy. Where a Lot is owned by a corporation, partnership, or other entity, the proxy must be signed by a duly authorized representative of such entity. When voting by certified written ballot, no proxies will be allowed. Each member should cast his or her vote as part of the written ballot process.
2.5 Voting By Certified Written Ballot - All matters of the Association requiring a vote of the Membership may be conducted by certified written ballot. The Board of Directors has the authorization to make the determination of whether the vote will be by certified written ballot or by votes cast at a special or regular meeting. All votes that the Board of Directors has determined will be conducted by certified written ballot must be sent to each Lot Owner a minimum of twenty-one (21) days prior to the date by which the ballots are to be returned. Said notification shall also indicate the date that the ballots will be mailed and the date in which they must be returned. The voting must be done on original ballots, signed by the Lot Owner(s), the Voting Member, or the Lot Owner’s duly authorized representative, as the case may be. The ballots shall be returned by mail or hand delivered to the address on the certified written ballot. Ballots once received will be saved unopened. The Association President shall appoint the Secretary and two non-board Members to be present at the opening of each ballot. Upon opening each ballot, the name and address of the Lot Owner shall be verified by the Secretary with the Association register and the individual ballot certified as complete or incomplete. The Secretary shall verify that each ballot is on an original ballot form and that only one vote per Member has been received. Any ballots that appear to be non-certifiable will be set aside and not included in the
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vote unless they are needed to determine the outcome of a balloting. In that event, the Lot Owners who sent in such ballots will be called and additional clarification will be completed to determine those ballots are valid. 2.6 Voting - At any meeting of Members, each Lot Owner (Class A Member), subject to the provisions of Paragraph 2.1 and 2.3 hereof, shall be entitled to cast one (1) vote. Class B Members (Declarant) shall be entitled to cast three (3) votes for each Lot owned. The vote of a Lot shall not be divided as prescribed in the Declaration, Article V, Section 5.03.
2.7 Majority Vote - The acts approved by a majority of the Members present or by proxy, or by certified written ballots delivered in person or by U.S. mail at a meeting that a quorum shall have been attained based on the total number of Members and proxies present or the total number of certified written ballots that have been received by the due date shall be binding upon all Members for all purposes, except as otherwise provided by law, the Declaration, the Certificate, or these Bylaws. A. Additional Assessment/Approval Requirements – Not withstanding anything herein to the contrary, for purposes of obtaining Membership approval of additional assessments as may be required by the Declaration, Article VI, Section 6.02, C (2), a quorum or majority is composed of fifty-one percent (51%) of each class of members who are voting in person or by proxy, at a meeting duly called for this purpose. B. Special Assessments For Capital Improvements – In addition to annual assessments as authorized above, additional assessments for capital improvements and special assessments may only be approved by a vote of two thirds (2/3) of the voters of each class of members as prescribed by the Declaration, Article 6.02, D. C. Amendments to Declaration/Bylaws – For the purpose of amending or changing the Declaration or Bylaws, the affirmative vote of not less than seventy-five (75%) of the Membership is required (rather than a majority or quorum needed to call a meeting or to propose amendments) as prescribed in the Declaration, Article 7, Section 7.01.
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ARTICLE III
ANNUAL AND SPECIAL MEETINGS OF MEMBERSHIP
3.0 Annual Meeting - The annual meeting of the Membership shall be held on the date, at the place, and at the time determined by the Board of Directors from time to time, provided that there shall be an annual Membership meeting every calendar year, and to the extent possible, not later than twelve (12) months after the last annual meeting. The purpose of the meeting shall be, except as provided herein to the contrary, to transact any business authorized to be transacted by the Members, or as stated in the notice of the meeting of the Members in advance thereof. The place of the meeting shall be located in the close proximity of the Development. 3.1 Special Meeting - Special meetings of the Members shall he held on the date, at the place, and at the time determined by the Board of Directors from time to time and may be called by the President or by a majority vote of the Board of Directors and must be called by the President or Secretary upon receipt of a written request from one-fourth (1/4) of the Members. The business conducted at a special meeting shall be limited to the purpose or purposes stated in the notice of the meeting. 3.2 Notice of Meeting: Waiver of Notice - Notice of all meetings of the Members, whether regular or special, shall be given by the President, Vice President, or Secretary of the Association, or in the absence of such Officers, by any other Board Members to each Member unless such notice is waived in writing. Such notice shall be written and shall state the time, place, and purpose or purposes for which the meeting is called. Such notice shall be posted in a manner and a location clearly visible to all Members, such as a community bulletin board or at the entrance to the Development, and hand delivered or mailed to each Member not less than twenty (20) days nor more than sixty (60) days prior to the date set for such meeting. Notice of a meeting, if mailed, shall be deemed to be properly given when deposited in the United States mail, first class, postage prepaid, and addressed to the Member at his post office address as it appears on the records of the Association. Notice of annual or special meetings may be waived by Members before or after the meeting and the attendance of any Member, or person authorized to vote by proxy for such Member, shall constitute such Member's waiver of notice of such meeting, except when their (or their authorized proxy) is in attendance for the express purpose of objecting at the beginning of the meeting to the transaction of business because the meeting is not lawfully called.
3.3 Adjourned Meeting - If any meeting of the Members cannot be convened because a quorum is not present, the Members who are present, either in person or by proxy, may adjourn the meeting from time to time until a quorum is present. The Board of Directors will then fix a new date for the adjourned meeting. Notice of the adjourned meeting shall be given to each Member not less than (20) days or more than sixty (60) days before the date of the rescheduled meeting. If the required quorum is not present, another meeting may be called subject to the same notice requirement. Except as provided herein, proxies given for the adjourned meeting shall be valid for newly rescheduled meetings, unless revoked. 3.4 Chairman - At a meeting of the Members, the President of the Association shall preside. In the absence of the President, the Vice -President of the Association shall preside.
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3.5 Order of Business - The order of business at annual meetings of the Members and, so far as practical, at any other meeting of the Members, may be: A. Call to order by Chairman; B. Quorum determination; C. Proof of notice of meeting or waiver of notice;
D. Reading of minutes of prior meeting; E Reports of Officers, Committees, F. Elections; G. Comments/discussion of Association Members; H. Unfinished Business I. New Business; and J. Adjournment 3.6 Minutes of Meeting - The minutes of all meetings of the Members shall be kept in a book available for inspection at any reasonable time by Members or their representatives duly authorized in writing and by Board Members.
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ARTICLE IV
BOARD OF DIRECTORS DUTIES
4.0 Duties & Responsibilities - It shall be the duty of the Board of Directors to undertake all duties and responsibilities of the Association as expressed in the Declaration, the Certificate, and these Bylaws and to manage and conduct of the affairs of the Association, except as expressly reserved to a vote of the Membership. The Board shall have the obligation and duty, subject to the restrictions of the Declaration, to perform for the benefit of the Members any required maintenance of and improvements to the Development. The Board shall adhere to and enforce all the covenants, conditions, and restrictions contained in the Declaration. 4.1 Eligibility / Restrictions - All Directors must be Members of the Association in good standing. A good standing Member is defined as a Member that is current with annual dues and assessments and is compliance with the Declaration and these Bylaws. Only one Member of each household residing in the Development shall hold an office or be a member of the Board of Directors. 4.2 Enumeration of the Board of Directors - The Board of Directors shall consist of six (6) Board Members and Officers. The Board will be comprised of a President, Vice President, Secretary, Treasurer, and two (2) non-officer Directors. 4.3 President - The President shall be the chief executive Officer of the Association. He or she shall have all the duties usually vested in the office of president of a homeowners association. The President shall be a Member of the Board.
4.4 Vice-President - The Vice President shall, in the absence, disability, or resignation of the President, exercise and perform the duties of the President subject to the provisions of these Bylaws or the Declaration. He or she shall also generally assist the President, and perform such other duties as prescribed by the Directors or the President. The Vice-President shall be a Member of the Board. 4.5 Secretary - The Secretary shall record and maintain minutes of all proceedings of the Directors and the Members. He or she shall attend to the giving of all notices to the Members and Directors and other notices required by law. He or she shall keep the records of the Association, except those of the Treasurer. The Secretary shall be a Member of the Board. 4.6 Treasurer - The Treasurer shall have custody of all personal property of the Association, including funds, securities, and evidences of indebtedness. He or she shall keep books of account for the Association in accordance with generally accepted accounting practices, which, together with, substantiating papers, shall be made available to the Board of Directors for examination at reasonable times. He or she shall prepare and submit an annual report and such other treasurer’s reports as required by the Board of Directors at reasonable intervals and shall perform all other duties incident to the office of Treasurer of a homeowners association. The Treasurer shall maintain depositories at financial institutions for the Association as approved and designated by the majority of the Board of Directors.
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4.7 Non-Officer Board Members - The non-officer Board Members shall assist the Board Officers with the management of the Association, accepting roles and assignments as directed by the Board President and by resolution of the majority of the Board of Directors.
4.8 Compensation - No Officer or Director shall receive compensation for serving in such capacity, provided, however, this shall not be construed to preclude an Officer from serving the Association (other than as a Director) and receiving compensation therefore. The compensation of all employees of the Association shall be fixed and approved by the Board of Directors. Board Members or immediate members of their household may not enter into contract or services for the Association unless approved by a majority vote of the Membership. 4.9 Committees - The Board or the Association as a whole may, by resolution, create other committees as the Board shall deem advisable. Per Roberts Rules of Order, a committee can do only what the organization asks it to do. It cannot act independently of the organization. However, if a committee originates an idea that it feels will benefit the group, it can bring the idea to the full Board of Directors for consideration.
4.10 Committee Restrictions - No committee, regardless of Board resolution, may: A. Take any final action on matters which by the Declaration requires Membership
approval;
B. Fill vacancies on the Board or any committee; C. Amend or repeal these Bylaws or adopt new Bylaws; D. Amend or repeal any resolution of the Board;
E. Create other committees of the Board;
F. Approve any transaction to which the Association is a party and in which one or more Directors have a material financial interest;
G. Not withstanding anything contained herein to the contrary, an executive committee
or any other committee created by the Board of Directors shall not have the power to determine the Common Expenses required for the affairs of the Association.
H. Not determine the assessments payable by the Lot Owners to meet the Common
Expenses. 4.11 No Liability - No Director, Officer, or any Member acting in behalf of the Association or
the Board of Directors shall be liable to any owner or to any person, firm, corporation, or other entity for any damages arising from his or her performance or nonperformance of his or her duties or function provided for herein, except for theft of Association funds or property.
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4.12 Association Correspondence – All correspondence of the Association to entities outside the Membership must be reviewed and signed by the President. Correspondence to the Membership must be reviewed by the President but may be signed by the President or the Board as a whole. Other Board Member signatures may appear with the President, but only if the correspondence has been reviewed by those Board Members whose names or positions on the Board have been referenced in the correspondence.
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ARTICLE V
MEETINGS OF THE BOARD OF DIRECTORS
5.0 Quorum - A majority of the Board of Directors of the Association, duly qualified and holding the office of Director, shall be required for, and shall constitute a quorum at all meetings of the Board of Directors for the transaction of business, except as otherwise provided by law, the Declaration, the Certificate, or these Bylaws. 5.1 Membership Attendance of Board of Director Meeting - Board meetings shall be open to all Members, except meetings between the Board and the Association’s attorney to discuss proposed or pending litigation where the contents of the discussion would be governed by the attorney-client privilege. 5.2 Notice of Regular Board of Director Meeting to Membership - A notice of each regular Board meeting shall be posted in a manner and at a location clearly visible to all Members, such as a community bulletin board, near the entrance to the Development or on the Association’s web site, if available. The notice must be posted at least seven (7) days before any Board meeting. 5.3 Voting By Directors - On each issue which requires a vote of the Board, each Board Member shall have one vote. A majority vote of a quorum of Directors is required for approval of Association matters. In case of a tie vote of the Directors, any Board Member may request the matter be put to a vote of the entire Membership. The matter shall then be put to a vote of the entire Membership in either a regular or special meeting. Directors may not vote on Association matters by proxy and may not vote by secret ballot, except when electing officers. 5.4 Meeting Requirements - Meeting requirements for Board of Directors also apply to meetings of any committee, including the Architectural Committee of the Association.
5.5 Organizational Meeting - The organizational meeting of a newly elected Board shall be held within twenty (20) days of their election, at such time and at such place and upon such notice as shall be fixed by the Directors.
5.6 Regular Meetings - Regular meetings of the Board may he held at such time and place as shall be determined from time to time by a majority of the Directors. It is suggested that meetings of the Board be held monthly but no less than quarterly. Notice of regular meetings shall be delivered to each Director, personally or by mail, telephone, or electronic mail, at least five (5) days prior to the date named for such meeting, unless notice is waived. Waivers must be recorded in the Association records. 5.7 Special Meetings - Special meetings of the Board may be called by the President and must be called by the Secretary upon the written request of the majority of the Members of the Board. Not less than three (3) days notice of a special meeting shall be given to each Director, personally or by mail, or electronic mail, which notice shall state the time, place, and purpose(s)
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of the meeting. Whatever reasonable notification method is used, confirmation that each Board Member was made aware of the meeting is required.
5.8 Waiver of Notice - Any Director may waive notice of a meeting before or after the meeting, and such waiver shall be deemed equivalent to the giving of notice. Attendance by any Director at a meeting shall constitute a waiver of notice of such meeting, except when his attendance is for the express purpose of objecting at the beginning of the meeting to the transaction of business because the meeting is not lawfully called.
5.9 Adjourned Meetings - If at any meeting of the Board of Directors, there is less than a quorum present, the majority of Directors present may adjourn the meeting from time to time until a quorum is present.
5.10 Presiding Officer The presiding officer of the Board of Directors meetings shall be the President of the Association. In the absence of the President, the Vice-President will preside, or in the absence of the Vice- President, the Directors present shall designate one of their number to preside. 5.11 The Order of Business at Directors Meetings Will Follow Robert Rules of Order
5.12 Minutes of Meetings - The minutes of all meetings of the Board of Directors shall be kept in a book available for inspection at any reasonable time by Members or their representatives duly authorized in writing and by Board Members. Each Director's vote or abstention on each issue must be recorded in the minutes so the Members are afforded the opportunity to inspect the voting history of Directors. 5.13 Place of Meetings - Not withstanding anything contained herein to the contrary, any meeting of the Directors may be held at any place determined by the Board within the city limits of Choctaw, Oklahoma or an area within Oklahoma County, Oklahoma within a radius of five (5) miles of the Development.
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ARTICLE VI
ELECTION OF THE BOARD OF DIRECTORS
6.0 Nominating Procedures – Nominations for the Board of Directors are open to any Member and must be submitted in writing to the Board of Directors not less then thirty (30) days prior to the election. The Board Secretary shall mail to all Members, a form upon which each Member shall be entitled to nominate one person for each Director position. Nomination ballots will be prepared indicating the rules for the nominations. The nomination form shall be returned to the Association Secretary no less than fifteen days (15) prior to the election. Forms received after this deadline shall be null and void. The nomination form shall be returned to the Board Secretary and shall be sealed. The Secretary will meet with the Board to verify the authenticity of the nominations to insure they are representative of the nomination ballots sent to the Membership. 6.1 Election Procedures – After the required date in which the nomination forms are due, the Board Secretary and one Board Member will compile the nominations and the Board Secretary shall mail each Member a ballot. The ballots will contain the names of each nominee for the Board of Directors and appropriate spaces for write-in votes. Each Member shall be entitled to vote for one person for each Director position. Except as addressed in the Declaration, there shall be no cumulative voting. The ballot or official ballot envelope shall be signed and dated by the Member. The Board Officers will nominate three (3) Members (other than current Board Members or Members appearing on the ballot) to assist the Secretary in tallying the votes at the annual meeting. The three (3) Members and the Secretary will be designated as the “Election Board.” The ballots will remain unopened and tallied upon a joint meeting of the members of the Election Board. The ballot shall not be counted unless it is properly signed and dated. The Directors shall be elected by a plurality of the Membership (the winning candidate must receive the most votes but not necessarily the majority of those cast).
6.2 Recall of Board Member During Annual Meeting - Any member of the Board may be recalled and removed from office with or without cause by the vote of a majority of all Members of the Association. The recall will be effective immediately and the recalled Member or Members of the Board shall turn over to the Board any and all records of the Association in their possession within seventy-two (72) hours after the removal. A successor may then be elected to fill the vacancy created in accordance with the provisions of this Article VI. Should the Membership at such meeting, having removed any Directors from office, then fail to elect a successor as such meeting, the Board shall fill the vacancy by a special election and vote of the Membership as outlined in these Bylaws. 6.3 Recall of Board Member By Special Meeting - A special meeting of the Members to recall a Member or Members of the Board may be called in accordance with the provisions of Section 3.1. 6.4 Election of Board Member Resulting From Recall - If a Board of Director office is vacated as a result of a recall of the Membership, the vacancy may only be filled by a vote of the Members, rather than an appointee by the Board of Directors.
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6.5 Vacancies - If the office of any Director becomes vacant by reason of death, resignation, retirement, disqualification, or otherwise (other than removal), the majority of the remaining Directors shall choose a successor who shall hold office for up to ninety (90) days or the remainder of the current term of office, whichever occurs first. The Board, before the end of the 90 day period, shall call a special meeting of the Membership or otherwise hold an election to fill the vacant Board position. . Nomination for vacant positions may be solicited in the same manner that is outlined in this Article VI, above, for the annual election. Nominations for the replacement of a Board Member may come from the Membership by written nomination or from the floor at a Special Membership meeting, called for the purpose of filling the vacant position. 6.6 Resignations - Any Director may resign at any time by sending a written notice of such resignation to the office of the Association, addressed to the President or Secretary. In the event the President resigns, a written notice from the resigning President will be sent to the Vice-President or Secretary. The acceptance of a resignation shall not be required to make it effective.
6.7 Interim Procedures For Vacancies of the President & Vice-President - When the office of the President is vacated for any reason other than removal by the Membership, the Vice-President will assume the office of President for the interim prior to the election of a new Board Member. Upon the vacancy of the President, the Board, by majority vote, may appoint an existing Board member to serve as Vice-President for the interim period prior to the annual election. Vacancies created by a Board Member assuming the position of Vice-President shall be filled in the manner provided for in this Article VI.
6.8 Involuntary Resignations - Any Director found to be in violation of the Declaration shall be notified of such violation and must remedy such violation within 30 days after notice. If after thirty (30) days the violation is not corrected, the violation will constitute an involuntary resignation from the Board of Directors. The removal action must be accomplished by a majority vote by the Board of Directors. The vote and the violation or violations leading to the removal will be recorded in the minutes of the meeting and become a record of the Association.
Commencing with the organizational meeting of any newly elected Board of Directors, four (4) consecutive absences, unless expressly excused by resolution of the Board, shall automatically constitute an involuntary resignation from the Board of Directors. No Member shall continue to serve on the Board should they become more than ninety (90) days delinquent in the payment of any Assessment. Such delinquency shall automatically constitute an involuntary resignation from the Board.
6.9 Term Of Office – Except as provided herein to the contrary, the term of each Director's service shall be for two years and shall not extend in excess of two terms of two years in the same office. The term shall extend until the next annual election for that Director’s office until his successor is duly elected and has taken office or until he or she is removed in the manner elsewhere provided herein. However, a member of the Board of Directors may hold an office in which they have not held for the previous two year period if duly elected. Board elections are to occur no more than twelve (12) months after the previous regular Board elections.
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6.10 Staggering of Board Terms (Initial Election under Bylaws) - Immediately upon approval of the bylaws by the Membership, an initial election will be held to fill three of the six Board of Directors’ positions. These initial election positions will consist of the President, the Vice President and one member position. The newly elected Board positions will serve for a term of two years. The remaining Board positions consisting of the Treasurer, Secretary and one member position will remain filled by the incumbent for a period of one year or until the next regular Board election is held. If any additional vacancies exist in the positions not scheduled for election at the time of the initial election, they shall be filled by accepting nominations from the floor and by a majority vote by the membership present in the regular election meeting. The term of the Board position filled in this manner will be one year or until the next regular Board election is held. The intent of this provision is to stagger the elections and elect three board positions each year.
6.11 Waiver of Term Limits - The Board may waive the two term limit or the two year limit in the same office of an incumbent if no other candidates are nominated or volunteer to run for office or offices of the Board of Directors.
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ARTICLE VII
FISCAL MANAGEMENT OF ASSOCIATION
7.0 Fiscal Management - The fiscal management of the Association shall be managed and monitored by the Board of Directors as described in the Declaration and these Bylaws. 7.1 Budget - The Board of Directors shall from time to time and at least annually, prepare a budget for the Association, determine the amount of Assessments payable by the Members to meet the Common Expenses, and allocate and assess such expenses among the Members in accordance with the provisions of the Declaration. In addition to annual operating expenses, the budget shall include reserve accounts for capital expenditures and deferred maintenance. The purposes of such accounts shall include, but not be limited to, periodic maintenance, repair, improvements to and replacement of the Common Areas and improvements thereto and all other property which the Association is obligated to maintain. All Members will be provided up to three copies of the budget upon request. All requests for more than three (3) copies of the budget in a fiscal year must be reviewed by the Board. The Board may charge a copying fee for any requests over three (3). The Association budget shall also be posted on the Association’s website, if available. 7.2 Assessments – The cost of Common Expenses shall be assessed against the Members in the proportions or percentages provided in the Declaration. For each year, the Association shall fix the amount and the due date of the Annual Assessment. Initially, the Annual Assessment shall be payable in one Annual installment. The Board shall notify the Lot Owners of the amount and the date in which the Assessments are payable and the place of payment. The Board may authorize payment of Assessments on an installment basis, payable in advance on the first day of each portion of the year for which the Assessments are made. If Assessments are not made as required, Assessments shall be presumed to have been made in the amount of the last prior Assessment, other than provided in the Declaration, and such Assessments shall continue to be due until changed by amended Assessments. In the event the Assessments prove to be insufficient, the budget and Assessments may be amended at any time by a majority vote of the Membership. Unpaid Assessments for the remaining portion of the fiscal year for which amended Assessments are made shall be payable within thirty (30) days of the approval of the amended Assessments. Special Assessments, should such be deemed necessary by the Board, shall be levied in the same manner as herein before provided for annual Assessments, and shall be payable in the manner determined by the Board Membership approval for Special Assessments for Capital Improvements a vote is required and such Assessments must be approved by two-thirds (2/3) of the voters of each class who are present or by proxy at a meeting duly called for this purpose, per the Declaration, Article VI, Section 6.02, D. 7.3 Depository Withdrawals The funds of the Association shall be deposited at such financial institutions as shall be designated from time to time by the Board of Directors. Withdrawal of monies from such accounts shall only be by check signed by the Treasurer and President or two (2) other Board Members as authorized by the majority of the Board of Directors. Association utility bill payments maybe disbursed by automatic electronic payment. Should the Association employ a management firm or managing agent in which their duties entail disbursement and
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management of Association funds, the Association’s contract with the management entity will supersede this provision. 7.4 Audit – The Board of Directors shall cause an audit of the accounts of the Association to be conducted at least annually. A copy of the annual audit will be provided to any Association Member within thirty (30) days after its completion upon request. The required annual audit shall be conducted by a Certified Public Accountant (CPA). Appointment of the CPA should be conducted as prescribed for any other services as provided for in these Bylaws and be approved by the majority of the Board of Directors. A copy of the latest financial audit will be posted on the Association’s website, if available.
7.5 Operating & Reserve Accounts - The Board shall establish both an operating account and a reserve account.
1. The operating account will be used for all expenditures incurred on a regular basis such as monthly utilities, landscape services, and other expenses known to be reoccurring when assessments were made for the annual operating budget.
2. Reserve accounts will be utilized for funds received in the annual assessments that
might be in excess of those monies projected in the annual budget to meet normal operating expenses. Reserve accounts will be used to maintain funds that were obtained from the Membership as a result of a special assessment. Reserve accounts will be set aside to defray future repairs, replacements, or additions to those major components which the Association is obligated to maintain. Reserve accounts will also be utilized to meet the cost of Membership approved improvements to Common Areas or other projects approved by the Membership.
7.6 Fidelity Bonds, Proviso - Fidelity bonds may be required by the Board from all Directors, Officers, employees, and agents of the Association handling, controlling, disbursing, or otherwise responsible for the Association's funds, and from any contractor handling or responsible for the Association's funds. The amount of such bonds shall be determined by the Board of Directors, in accordance with the provisions of the Declaration.
7.7 Fiscal Year - The fiscal year of the Association shall begin on the 1st day of July and end on the 30th day June of each year. 7.8 Acceleration of Installment Payments - If a Member shall be in default in the payment of an installment upon any Assessment, the Board may accelerate the remaining installments for the fiscal year upon notice thereof to the Member and, thereupon, the unpaid balance of the Assessment shall become due upon the date stated in the notice, but not less than ten (10) days after the delivery of or the mailing of such notice to the Lot Owner. 7.9 Accounting Records and Report - The Association shall maintain accounting records in the State of Oklahoma, according to the generally accepted accounting principals, consistently applied. The records shall be open to inspection by Members and institutional mortgagees or their representatives duly authorized in writing at reasonable times. The Association must prepare an annual financial report within thirty (30) days after the close of the fiscal year.
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7.10 Application of Payment All payments made by Members shall be applied as provided in these Bylaws and in the Declaration or as otherwise determined by the Board of Directors. 7.11 Roster of Members The Association Secretary shall keep a Membership book containing the name and address of each Member. The Association shall maintain such information. The Association may rely upon the accuracy of such information for all purposes until notified in writing of changes therein as provided above. Only Members of record on the date notice of any meeting requiring their vote is given, shall be entitled to notice of and to vote at such meeting, unless prior to such meeting a Member shall produce adequate evidence of their interest and shall waive in writing notice of such meeting. The roster will also contain the status of each Lot Owner’s account.
7.12 Tax Election - The Association shall, through officers designated by the Board of Directors, file the necessary annual election to become a "homeowners association" as defined in the Internal Revenue Code of 1986, Section 528, or similar provisions of corresponding law subsequently enacted, exempt from income tax as therein provided. The Association shall be operated at all times to maintain its eligibility for tax-exempt status. 7.13 Insurance - The Board of Directors shall procure the appropriate insurance coverage necessary to adequately insure the Common Areas and any other properties of the Association. Policies should include adequate coverage for any condition that might lead to loss of property or that might present a liability for the Association. Specific requirements are set forth in the Declaration, Article V, Section 5.04, H. 7.14 Contracts - The Association by direction of the Board of Directors may enter into contract with necessary agents in order to maintain the Common Areas and subsequent responsibilities that may be encountered by the Association. The solicitation of these agents will be set forth in the following manner: A. The Board, by majority vote, may elect one (1) Board Member to serve as Contract
Officer who will supervise the solicitation of vendors to perform the necessary actions as required. Or, such a position may be appointed as prescribed in accordance with these Bylaws.
B. The Contract Officer may appoint other Board Members or any Members to assist in
the solicitation. C. The Contract Officer will prepare a detailed statement of the goods and/or services to
be obtained pursuant to the contract. The statement, at a minimum, must contain a detailed and specific description of services to be rendered/goods to be received, the duration, the frequency, and the intervals for payment.
D. The Contract Officer, or his or her appointees, will submit the statement of work to the Board of Directors for review prior to vendor solicitation beginning. The Board by majority vote, will approve, disapprove, or recommend additions or changes to the
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Contract Officer or his or her designate as required prior to the solicitation of the contract.
E. Upon approval by the majority of the Board of Directors, the Contract Officer will
solicit a minimum of three (3) vendors to submit their respective bids. F. Upon receipt of the bids and conditions provided by the vendors, the Contract Officer
will provide the Board of Directors with the results of his or her search. G. The Board will review the submissions and by a majority vote select one of the
vendor candidates. If the results of the search are inconclusive or if the Board, at its discretion, does not believe that required specifications were met, it may recommend that the Contract Officer, continue the search.
H. All voting of the Board of Directors for approval or disapproval of all contracts must
be recorded in the Association records and/or the minutes of the Board of Directors meetings. All contracts will remain on file in the Association records for seven (7) years.
I. Board Officers or Board Members may not enter into contract or obtain services on
behalf of the Association without approval of the majority of the Board of Directors as outlined above.
7.15 Capital Improvements/ Expenditures - Capital expenditures are those expenses defined as other than the normal annual operating expenses incurred by the Association greater than one thousand dollars ($1,000.00). Capital expenditures shall be deemed to include the repair, replacement, or improvement of the major components owned by the Association or for items in which the Association utilizes for the common use of Members. Funds for capital expenditures will be derived from reserve fund accounts that were established for specific projects by special assessment or from excess funds derived from the Annual Assessments. Regardless of whether the funds are readily available or whether the funds are raised as a result of a special assessment, the purpose for the use of the funds for any capital expenditure, must be approved by a vote of two-thirds (2/3rds) of the voters of each class of members who are, voting in person or by proxy at a meeting duly called for this purpose. Declaration, Article VI, Section 6.02, D.
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ARTICLE VIII
ENFORCEMENT OF DECLARATION, RESPONSIBILITIES & LIABILITIES OF
MEMBERS
8.0 Responsibilities Of The Board Of Directors - The Board of Directors will be responsible for reviewing and documenting complaints of violations of the Declaration presented to them by Members. In addition, Board Members may conduct visual inspections of the Development to insure compliance with the Declaration and institute actions to correct violations when found, even in the absence of a Member complaint. 8.1 Method Of Reporting Complaints - Members shall present their complaints or suggestions utilizing the Quail Hollow Input Form. The form will be available via the Association’s web site, if available, or may be obtained by contacting a Board Member. The form should include the address of the suspected violation and the specific provision of the Declaration that the complainant believes to be violated and shall be signed by the complainant. The Quail Hollow Input Form may be amended or changed, as necessary by a majority vote of the Board of Directors or the majority vote of the Membership or the Developer. 8.2 Right & Obligation of Enforcement - The Association shall have the right and obligation to initiate legal proceedings to enforce compliance with the Declaration. The Association, through its Board of Directors, must take whatever action necessary to enforce the Declaration. 8.3 Enforcement of CC&R’s - Should the owner or tenant of any Lot violate any of the restrictive covenants or conditions of the Declaration, and thereafter refuse to correct same and to abide by said restrictions and conditions contained in the Declaration, after reasonable notice, the Association, through its Board of Directors may institute legal proceedings to enjoin, abate, or correct such violations. The Lot Owner permitting the violation of such restrictions or conditions shall pay attorney fees incurred by the Association in instituting such legal proceedings to maintain and enforce the aforesaid restrictions and conditions. Said attorney fees, court costs, and other expenses allowed and assessed by the court, for the aforesaid violation or violations, if not paid, shall become a lien upon the land, as of the date of the legal proceedings are originally instituted and said lien shall be subject to foreclosure in such action, so brought to enforce such restrictions, in the same manner as liens on real estate, the procedure as is fixed by statute. 8.4 Actions for the Board of Directors - All complaints shall be reviewed by the Board (see note below), to determine if the complaint is valid. Validation of the complaint will be accomplished through the following procedure:
A. The Board shall determine the specific provision of the Declaration that is being
violated. B. Upon determining the complaint to be valid, the Board will assign a Board Member
to investigate the violation. The assigned Board Member will investigate the complaint by visual inspecting the Lot to validate the complaint. The Board Member
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shall provide pictures and any other supporting data to the Board of Directors to substantiate the complaint.
C. After review of the Board Member’s investigation and validating the complaint to be
a true violation of the Declaration, the President will instruct the Association Secretary to mail a certified letter of notice to the Lot Owner notifying it of the violation. The letter should include any and all documentation that determined the violation to be valid. At a minimum, the notice should contain the specific violation or violations of the Declaration, a copy of specific provision from the Declaration, supporting photographs, and any suggestions that might assist the owner in correcting the violation. Also, a point of contact from the Board of Directors shall be provided to answer any questions the Lot Owner might have concerning the complaint. The Lot Owner shall have thirty (30) days to correct the violation. Notice pursuant to this Section shall be deemed to be given when placed in the U.S. Mail as certified mail.
D. At the end of the thirty (30) day period the Board Member or Members who were
initially appointed to investigate the complaint will inspect the Lot to ensure that compliance was accomplished. Upon completion of their inspection, the Board Member will report their results to the Board as a whole. If the violation continues to exist, the Board will call a special meeting of all the Board of Directors for the purpose of reviewing the complaint and initiating legal action against the Lot Owner to correct the violation. Any legal action taken by the Association must be authorized by majority vote of the Board of Directors Upon proper authorization of legal action, the Secretary shall mail a second certified letter to the violating Lot Owner. The second letter will notify the owner that legal action will be taken by the Association in accordance with Article VII, Section 7.02 A of the Declaration.
The second letter will also include notification to the owner that the legal action will
begin as early as seven (7) days after issuance of that letter. All correspondence issued to the violators or their representatives will be signed by
the Board as a whole. E. Within seven (7) days of the completion of the Board review and the second (2nd)
notice to the violating Lot Owner, the President shall obtain legal counsel to initiate the action
Note: The Board may designate, elect, or appoint non-officer Board Members to act as substitutes for the President and Vice-President in connection with the above outlined procedure. However, there shall be no deviation from the authority the Board Members will exercise or the procedures they will follow.
8.5 Lot Owner Appeals - Lot Owners may appeal charges of Declaration violations to the Board of Directors. The Lot Owner will be given the opportunity to be heard orally or in writing not less than five (5) days before Board takes any action against the Lot Owner. However, the Board will only be allowed to issue temporary extensions to the deadlines in those instances where the Lot Owner shows conclusive evidence that the violation will be corrected and that
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corrective action will occur if additional time is granted. Those extensions may only be granted in the event that circumstances warrant a delay; provided that no extension may be granted for a period longer than thirty (30) additional days from the initial deadline for correction of the violations. The Board of Directors may not rescind the notice for compliance unless the Lot Owner can offer evidence that the violation was issued in error. 8.6 Liability of Lot Owners - All Members shall be liable in regard to the Common Areas for the expense of any maintenance, repair, or replacement rendered necessary by his act, neglect, or carelessness or by that of any member of his family, or his or their guests, invitees, employees, agents, or lessees, but only to the extent that such expense is not met by the proceeds of insurance carried by the Association. Such liability shall include any increase in insurance rates occasioned by such act, neglect, or carelessness. Nothing herein shall be construed to modify any waiver of subrogation by the Association or any insurance company. The expense of any maintenance, repair, or replacement required, as provided herein, shall be charged to said Member as a specific item, which shall be a lien against said Member’s Lot with the same force and effect as if the charge was a part of the Common Expenses attributable to such Member. 8.7 No Waiver - The failure of the Association or of a Member to enforce any right, provision, covenant, or condition, which may be granted by any of the provisions of any of the Certificate, Declaration, or in these Bylaws, as amended, shall not constitute a waiver of the right of the Association or Member to enforce such right, provision, covenant, or condition in the future. 8.8 Default in Payment of any Assessments: Lien - In case of a default by a Member in the payment of any Assessment, the Association shall have all rights and remedies as set forth in the Declaration, and in addition, all rights and remedies as provided law. The liability of the Member shall include reasonable attorneys' fees and court costs incurred by the Association incident to the collection of such Assessment or the enforcement of any lien.
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QUAIL HOLLOW
HOMEOWNER INPUT FORM
Please utilize this form whenever you have a suggestion, question or comment for the Board of Directors or if you have a concern about a possible neighborhood covenant, condition or restriction (CC&R) violation. Mail to: Quail Hollow Homeowners Association 14400 SE 29th Street Choctaw, OK 73020.
Please type or print legibly.
Suggestion, Question or Comment:
Covenant, Condition or Restriction (CC & R) Violation:
Address of Alleged Violation: ________________________________________ Describe Alleged Violation: ________________________________________________ ____
What Specific CC & R Violated (if known): _________________________________________ ______________________________________________________________________________
Contact Information (Optional):
Your Name: _________________________ Address: ____________________________ Contact Number (Should we need to contact you about above matter): _____________________
Quail Hollow Form 1 (SCF-1)
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ARTICLE IX
AMENDMENTS TO BYLAWS
9.0 Amendments to Bylaws These Bylaws may only be altered, amended, or rescinded in the following manner: A resolution adopting a proposed amendment to these Bylaws may be proposed either by resolution of the majority the Board of Directors, or by fifty (51%) percent or more of the Members, whether meeting as Members or by instrument in writing signed by them. Upon any amendment or amendments to these Bylaws being proposed by said Board of Directors or Members, such proposed amendment or amendments shall be transmitted to the President of the Association or other Officer of the Association in the absence of the President, who shall thereupon call a special meeting of the Members of the Association for a date not sooner than twenty (20) days nor later than sixty (60) days from receipt by the President or a Board Member, of the proposed amendment or amendments. It shall be the duty of the Secretary to give each Member written or printed notice of such special meeting, stating the time and place thereof, and describing or reciting the proposed amendment or amendments which notice shall be mailed not less than fourteen (14) days nor more than thirty (30) days before the date set for such special meeting. If mailed, such notice shall be deemed to be properly given when deposited in the United States mail, addressed to the Member at his post office address as it appears on the records of the Association, the postage therein being prepaid. Any Member may, by written waiver of notice signed by such Member, waive such notice, and such waiver, when filed in the records of the Association, whether before or after the holding of the meeting, shall be deemed equivalent to the giving of such notice to such Member. At such meeting, the amendment or amendments proposed must be approved by not less than seventy-five percent (75%) of Lot Owners (Article VII, Section 7.01 of the Declaration) in order for such amendment or amendments to become effective. Thereupon, such amendment or amendments shall be transcribed and certified by the President and Secretary of the Association as having been duly adopted. Thereafter, a copy of said amendment or amendments shall be delivered to all Members but delivery of a copy thereof shall not be a condition precedent to the effectiveness of such amendment or amendments. At any meeting held to consider such amendment or amendments, the written vote of any Member who is not in attendance at such meeting or represented there by proxy, provided such written vote is delivered to the Secretary of the Association at or prior to such meeting is valid.
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ARTICLE X
ARCHITECTURAL COMMITTEE
10.0 Architectural Committee - The Architectural Committee shall initially be comprised of three (3) members. A majority vote of the Board of Directors will determine the number of Committee Members. The Committee Members will meet as necessary to consider, approve, or disapprove proposals or plans submitted by Members in accordance with the Declaration, Article IV, Section 4.01. A vote of the majority of the Architectural Committee Members will constitute an act by the Architectural Committee. All judgments shall be consistent with the spirit of the Declaration and shall not discriminate among the Membership. 10.1 Rules - The Architectural Committee shall be governed by all rules, restrictions, and guidelines as prescribed in the Declaration. In addition, all the rules prescribed in the document entitled, QUAIL HOLLOW ARCHITECTURAL COMMITTEE RULES, and filed in Oklahoma County, shall be adhered to, and followed by the Architectural Committee unless a change is made in accordance to Article X, 10.4. 10.2 Election of Architectural Committee - Two of the positions will be filled by two (2) non-officer Board of Director Members, one of which will serve as Chairman and be appointed by the majority of the Board of Directors. The remaining member(s) will be nominated and elected by the Membership (as prescribed for other elections). The term of office will not exceed one (1) year. 10.3 Records - Minutes of all meetings and voting of the Architectural Committee shall be recorded and filed with the Association Secretary and be kept in Association records. 10.4 Amendments/Changes to Architectural Committee Rules - Any changes to the Architectural Committee Rules or guidelines as prescribed by the Declaration or the QUAIL HOLLOW ARCHITECTURAL COMMITTTEE RULES may only be accomplished in the manner outlined in the Declaration, Article VII, Section 7.03. Note: Any reference to rules or procedures concerning the Quail Hollow Architectural
Committee are reserved pending the transfer of those responsibilities from the Declarant to the
Quail Hollow Homeowners Association.
Please submit requests for Architectural Committee Review on Quail Hollow Form Request for
Architectural Committee Review.
10.5 Request For Architectural Committee Review – All requests for any review by the Architectural Committee must be submitted in writing to the Association. A “Request for Architectural Review” form will be available via the Association’s website, if available, or may be provided by contacting a Board Member. The Request for Architectural Review Form may be amended or changed, as necessary, by a majority vote of the Board of Directors or a majority vote of the Membership.
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QUAIL HOLLOW
REQUEST FOR ARCHITECTURAL COMMITTEE REVIEW
Please use this form to submit a request for construction or changes to the Quail Hollow Architectural Committee as provided in the Declaration and Bylaws. Along with this form, please submit supporting documentation including drawings, prints and photographs when available. Please make sure your comments are legible. Mail request to: Quail Hollow Homeowners Association 14400 SE 29th Street Choctaw OK. 73020
Name: ______________________ Address of Project: ______________________________ Type of Project or Construction:
Fence ___ Addition to Existing Structure ___ Storage Building ___ Other ___ Description of Project / Construction: _____________________________________________
(Continue on back or use additional pages if necessary)
APPROVED _____ DISAPPROVED _____
Reason for disapproval (If applicable):
Signatures of Architectural Committee Members:
_______________________ ________________________ ________________________ (Member) (Member) (Member)
_______________________ ________________________ (Member) (Member) Quail Hollow Form
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ARTICLE XI
MISCELLANEOUS
11.0 Severability - Should any of the provisions contained herein (or portion thereof) be void or become unenforceable at law of equity, the remaining provisions of this instrument shall remain in full force and effect. 11.1 Conflicts - If any irreconcilable conflict should exist, or hereafter arise, with respect to the interpretation of these Bylaws and the Declaration or the Certificate, the provisions of the Declaration shall prevail.
11.2 Parliamentary Rules - Roberts Rules of Order (latest edition) shall govern the conduct of the Association proceedings when not in conflict with the Certificate, Declaration, Bylaws of this Association, as amended, or the laws of the State of Oklahoma. 11.3 Quail Hollow Input Form
11.4 Quail Hollow Request for Architectural Review Form
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QUAIL HOLLOW
HOMEOWNER INPUT FORM
Please utilize this form whenever you have a suggestion, question or comment for the Board of Directors or if you have a concern about a possible neighborhood covenant, condition or restriction (CC&R) violation. Mail to: Quail Hollow Homeowners Association 14400 SE 29th Street Choctaw, OK 73020.
Please type or print legibly.
Suggestion, Question or Comment:
Covenant, Condition or Restriction (CC & R) Violation:
Address of Alleged Violation: ________________________________________ Describe Alleged Violation: ______________________________________________________
What Specific CC & R Violated (if known): _________________________________________ ______________________________________________________________________________
Contact Information (Optional):
Your Name: _________________________ Address: ____________________________ Contact Number (Should we need to contact you about above matter): _____________________
Quail Hollow Form 1 (SCF-1)
QUAIL HOLLOW
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REQUEST FOR ARCHITECTURAL COMMITTEE REVIEW
Please use this form to submit a request for construction or changes to the Quail Hollow Architectural Committee as provided in the Declaration and Bylaws. Along with this form, please submit supporting documentation including drawings, prints and photographs when available. Please make sure your comments are legible. Mail request to: Quail Hollow Homeowners Association 14400 SE 29th Street Choctaw OK. 73020
Name: ______________________ Address of Project: ______________________________ Type of Project or Construction:
Fence ___ Addition to Existing Structure ___ Storage Building ___ Other ___ Description of Project / Construction: _____________________________________________
(Continue on back or use additional pages if necessary)
APPROVED _____ DISAPPROVED _____
Reason for disapproval (If applicable):
Signatures of Architectural Committee Members:
_______________________ ________________________ ________________________ (Member) (Member) (Member)
_______________________ ________________________ (Member) (Member) Quail Hollow Form 2 (SCF-2)
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QUAIL HOLLOW
CERTIFICATION OF BYLAWS
The foregoing were adopted as the Bylaws of QUAIL HOLLOW HOMEOWNERS
ASSOCIATION, INC., a corporation not for profit established under the laws of the State of Oklahoma at a meeting of the Board of Directors on the ____ day of ____________ , 2005.
QUAIL HOLLOW HOMEOWNERS ASSOCIATION, INC.
President ________________________________ Vice- President ____________________________ Secretary _________________________________ Treasurer _________________________________ Board Member 1 __________________________ Board Member 2 __________________________
QUAIL HOLLOW LOT OWNER:
NAME_____________________________________________________ NAME_____________________________________________________ ADDRESS OF RECORD___________________________________________________
I/we have read the Quail Hollow Bylaws and agree with its contents. I/we, hereby recommend the Bylaws be adopted by the QUAIL HOLLOW ASSOCIATION and to utilize them as a supporting document in governing the Association. Signature___________________________________________________ Signature___________________________________________________
