HUNTER'S
RUN HOMEOWNERS' ASSOCIATION OF POLK COUNTY, INC.
DOCUMENTS |
PREPARED BY AND RETURN
TO:
Steven H. Mezer, Esquire
Bush Ross Gardner Warren
& Rudy P.A.
Post Office Box 3913
Tampa, FL 33601
BYLAWS
OF
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. Lot Address 1 7505 Gunstock Drive
- signature
As the authorized representative of Adams Homes my signature is
for the thirteen (13) lots owned by Adams Homes as listed above.
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