RUN HOMEOWNERS' ASSOCIATION OF POLK COUNTY, INC.
409 E. COLLEGE
RUSKIN FL 33570 US
P.O. BOX 1058
RUSKIN FL 33575
PREPARED BY AND RETURN TO:
Steven H. Mezer, Esquire
Bush Ross Gardner Warren & Rudy P.A.
Post Office Box 3913
Tampa, FL 33601
HUNTER’S RUN HOMEOWNERS’ ASSOCIATION OF POLK COUNTY, INC.
A NONPROFIT CORPORATION
ARTICLE I. NAME AND LOCATION
The name of the Corporation is HUNTER’S RUN HOMEOWNERS’ ASSOCIATION OF POLK COUNTY, INC. Meetings of members and directors may be held at such places within the state of Florida as may be designated by the board of directors.
ARTICLE II. DEFINITIONS
Section 1. “Association” shall mean and refer to the corporation its successors and assigns.
Section 2. “Common Area” shall mean all platted subdivision easements, together with the boundary walls located on a portion thereof and the surface water management system as permitted by the Southwest Florida Water Management District including retention areas, culverts and related appurtenances. These Common areas are set forth on the recorded Subdivision official plat designations as Hunters Run, Hunter’s Run Phase II and Hunter’s Run Phase Ill as set forth on exhibit “A” attached (Plat Book 88 pages 17 & 18, PIat Book 93 pages 6 & 7, and Plat Book 95 pages 6 & 7).
Section 3. “Developer” shall mean and refer to PREFERRED DEVELOPERS OF LAKELAND, a Florida General Partnership, its successors and assigns. Developer is also sometimes referred to as "DecIarant".
Section 4. ‘Declaration” shall mean and refer to the Declaration of Covenants, Conditions, and Restrictions as amended applicable to the subdivision.
Section 5. “Lot” shall mean and refer to any unit of land shown on the recorded subdivision plats referred to above together with any amendments thereto with the exception of the common areas, and subject to easements as shown on said plat.
Section 6. “Member’ shall mean and refer to every person or entity who holds membership in the association.
Section 7. ‘Owner” shall mean and refer to the record owner, whether one or more persons or entities, of the fee simple title to any such lot which is a part of the subdivision, and shall include contract sellers, but shall not include those holding title merely as security for performance of an obligation. Every “owner” shall be a “member”.
Section 8. “Subdivision” shall mean and refer to Hunter’s Run Subdivision, as shown on the plat thereof recorded in the Public Records of Polk County Florida, and such additions thereto as may be brought within the jurisdiction of the association pursuant to the provisions of the Declaration.
ARTICLE III. MEETINGS OF MEMBERS
Section 1, Annual Meetings. Annual meetings of members shall be held at least 30 days prior to the start of each fiscal year.
Section 2. Special Meetings. Special meetings of members may be called at any time by the president or by the board of directors, or on written request of members who are entitled to vote one-fourth of all votes of the membership, after not less than three (3) days notice to each member.
Section 3. Quorum The presence at the meeting, in person or by proxy of members entitled to cast a majority of the votes of the membership shall constitute a quorum for authorization of any action, except as may otherwise be provided in the declaration, the articles of incorporation, or these Bylaws. If a quorum is not present at any meeting, the members entitled to vote thereat shall have power to adjourn the meeting from time to time, without notice other than announcement at the meeting, until a quorum is present.
Section 4. Proxies. At all meetings of members, each member may vote in person or by proxy. All proxies shall be in writing and filed with the secretary. Proxies shall be revocable, and the proxy of any owner shall automatically terminate on conveyance by him of his lot.
ARTICLE IV. BOARD OF DIRECTORS
TERM OF OFFICE: REMOVAL
Section 1. Number.. A Board of at least three (3), but not more than five (5) directors who shall be members of the association shall manage the affairs of the association.
Section 2. Term of Office. Directors shall be elected for a term of three years.
Section 3. Removal or Resignation: Any director may be removed from the board, with or without cause, by a majority vote of the members of the association. In the event of death, resignation, or removal of a director, his successor shall be selected by the remaining members of the board and shall serve:
1.for the unexpired term of his predecessor
2.or until a special or annual meeting where a board of directors election is placed on the agenda. Whichever occurs first.
Section 4. Compensation. No director shall receive compensation for any service he or she may render to the association. However, any director may be reimbursed for any actual expenses incurred in the performance of their duties.
ARTICLE V. BOARD OF DIRECTORS
NOMINATION AND ELECTION
Section 1 Nomination. Nomination for election to the board of directors may be by nominating committee. The board of directors prior to each annual meeting may appoint a committee, and such appointment shall be announced at each annual meeting. The nominating committee shall consist of a chairman who shall be a member of the board of directors and two or more members of the association. The nominating committee may make as many nominations for election to the board of directors as it shall in its discretion determine. However, nominations may also be made from the floor at any annual meeting or special meeting where a board of directors election is placed on the agenda. In no event shall the number of nominees be less than the number of vacancies to be filled.
Section 2. Election. Election to the board of directors shall be by secret written ballot. At such election the members or their proxies may cast, in respect to each vacancy, as many votes as they are entitled to exercise under the provisions of the declaration. Persons receiving the largest number of votes shall be elected. Cumulative voting is not permitted.
ARTICLE VI. BOARD OF DIRECTORS - MEETINGS
Section 1. Annual Meetings. A Meeting of the board of directors shall be held in private without notice, immediately following each election of board members. This meeting is to elect the officers of the Association, and no other Association business may be conducted at this meeting.
Section 2. Special Meetings. Special meetings of the board of directors shall be held when called by the president of the association, or by any two directors, after not less than three (3) days’ notice to each director.
Section 3. Quorum. A majority of the directors shall constitute a quorum for the transaction of business. Every act performed or decision made by a majority of directors present at a duly held meting in which a quorum is present shall constitute the act or decision of the board.
Section 4. Notices. Members are to be notified, by public posting, newsletters or other process, of all Board of Directors Meetings, except those noted in Article VI, Section 1.
ARTICLE VII. BOARD OF DIRECTORS - POWERS AND DUTIES
Section 1. Powers. The board of directors shall have power to:
(a) Adopt and publish rules and regulations governing the use of the common areas and facilities including the personal conduct of the members, families of members, and their guests thereon; and to establish penalties for infractions of such rules and regulations;
(b) Suspend the voting rights and rights as to the common areas of any member during any period in which such member is in default in the payment of any assessment levied by the association. Such rights may also be suspended after notice and hearing, for a period not to exceed thirty (30) days for infraction of published rules and regulations;
(c) Exercise on behalf of the association all powers, duties, and authority vested in or delegated to the associationand not specifically reserved to the membership by the declaration, articles of incorporation, or by other provisions of these Bylaws;
(d) Employ such independent contractors and employees as they may deem necessary, and to prescribe their duties; and
Section 2. Duties. It shall be the duty of the board of directors to:
(a)Cause to be kept a complete record of all its acts and corporate affairs and to present a statement thereof to the members at each annual meeting, or at any special meting at which such a statement is requested in writing by one-fourth of the members entitled to vote thereat;
(b)Supervise all officers, agents, and employees of the association and see to it that their duties are properly performed:
(c)As more fully provided in the declaration, to:
(1)Fix the amount of the annual assessment against each lot at least thirty (30) days in advance of each annual assessment period;
(2)Send written notice of each assessment to every owner subject thereto at least thirty (30) days in advance of each annual assessment period; and
(3)Foreclose the lien against any property for which assessments are not paid within thirty (30) days after due date, or to bring an action at law against the owner personally obligated to pay the same.
(d)Issue, or cause an appropriate officer to issue, on demand by any person, a certificate setting forth whether or not any assessment has been paid. A statement in a certificate to the effect that an assessment has been paid shall constitute conclusive evidence of much payment. The board may impose a reasonable charge for the issuance of these certificates.
(e)Cause the common areas and any areas authorized by the membership or Declaration of Covenants, Conditions, and Restrictions to be maintained.
ARTICLE VIII. OFFICERS AND THEIR DUTIES
Section 1 Enumeration of Officers. The officers of the association shall be a president and vice-president, who shall at all times be members of the board of directors, and secretary, treasurer, and such other officers as the board may from time to time by resolution create.
Section 2. Election of Officers. The election of officers shall take place at the first meeting of the board of directors following each meeting where any Board of Directors member is elected or appointed
Section 3. Term. The board shall elect the officers of the association annually. Each shall hold office for a term of one (1) year unless he shall sooner resign, or shall be removed or otherwise disqualified to serve.
Section 4 Special Appointments. The board may elect such other officers as the affairs of the association may require, each of whom shall hold office for such period, have such authority, and perform such duties as the board may, from time to time, determine.
Section 5. Resignation and Removal. Any officer may be removed from office by the board at any time with or without cause. Any officer may resign at any time by giving written notice to the board, the president, or the secretary. Such resignation shall take effect on the date of receipt of such notice or at any later time specified therein, and unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective.
Section 6. Vacancies. A vacancy in any office may be filled by appointment by the board. The officer appointed to such vacancy shall serve for the unexpired term of the officer he replaces.
Section 7 . Multiple Offices. The same person may hold the offices of secretary and treasurer. No person shall simultaneously hold more than one of any of the other offices, except in the case of special offices created pursuant to Section 4 of this Article.
Section 8. Duties. The duties of the officers are as follows:
(a)President. The president shall preside at all meetings of the board of directors; shall see that orders and resolutions of the board are carried out; shall sign all instruments.
(b)Vice-President. The vice-president shall act in the place of the president in the event of his absence, inability, or refusal to act, and shall exercise and discharge such other duties as may be required of him by the board.
(c)Secretary. The secretary shall record the votes and keep the minutes of all meetings and Proceedings of the board and of the members; keep the corporate seal of the association and affix it to all papers so requiring; serve notice of meetings of the board and of members; keep appropriate current records showing the members of the association together with their addresses; and perform such other duties as may be required by the board or by law.
(d)Treasurer. The treasurer shall receive and deposit in appropriate bank accounts all funds of the association, and shall disburse such funds as directed by resolution of the board of directors; shall keep proper books of account; and a report on which shall be given at the regular annual meeting of members.
ARTICLE IX. COMMITTEES
The board of directors may appoint such committees, as it may deem appropriate in the performance of its duties.
ARTICLE X. ASSESSMENTS
As more fully provided in the declaration, each member is obligated to, pay to the association annual and special assessments, which are secured by a continuing lien on the property against which such assessments are made. Any assessments not paid when due are considered delinquent. If it is not paid within thirty (30) days after the due date, the assessment bears interest from the date of delinquency at the rate of eighteen percent (18%) per annum, and the association may bring an action at law against the owner personally obligated to pay the same, or may foreclose the lien against his property. interest, costs, and reasonable attorneys* fees of any such action shall be added to the amount of any assessment due. No owner may waive or otherwise escape liability for assessments by nonuse of the common area or abandonment of his lot.
ARTICLE Xl BOOKS AND RECORDS: INSPECTION
The books, records, and papers maintained by the association shall be subject to inspection by any member during ordinary business hours. The association shall maintain those records specified in the Florida State Statutes that apply to Homeowner’s Associations. Copies of the Declaration of Covenants, Conditions, and Restrictions, Articles of incorporation, and Bylaws of the association shall be available for inspection by any member, and copies shall be made available for sale at a reasonable price.
ARTICLE XII. CORPORATE SEAL
The association shall have a seal in circular form having within its circumference the words’ “HUNTER’S RUNHOMEOWNERS’ ASSOCIATION OF POLK COUNTY, INC.”
ARTICLE XIII. FISCAL YEAR
The fiscal year of the association shall begin on the first day of January and shall end on the 31st day of December of each year.
ARTICLE XIV. AMENDMENTS
These Bylaws may be amended, at an annual or special meeting of members, by vote of a majority of a quorum of members present in person or by proxy.
ARTICLE XV. CONFLICTS
In the case of any conflict between the articles of incorporation and these Bylaws, the articles shall control; in the case of any conflict between the declarations and these Bylaws, the declaration shall control.
The ByLaws further authorize the Board of Directors to name a replacement for this position.
1 7505 Gunstock Drive
As the authorized representative of Adams Homes my signature is
for the thirteen (13) lots owned by Adams Homes as listed above.