ARTICLE I IDENTITY

The following By-Laws shall govern the operation of the C.C.W.R.M.A., a Pennsylvania corporation not for profit, organized and existing under the laws of the Commonwealth of Pennsylvania and created under and subject to the restrictive covenants set forth in the deeds of divers lot purchasers and under and subject to the Declaration of restrictive Covenants in and for Pike County, Pennsylvania, in Deed Book 1040, page 288&c, hereinafter collectively referred to as “DECLARATION.”

 

                Section 1. Name.  The name of this Association shall be Country Club Woods Road Maintenance Association.

                Section 2. Address.  The mailing address of the Association shall be 207 High Court, Milford, PA  18337, or at such other place as may be subsequently designated by the Board of Directors of the Association.

                Section 3. Seal.  The Seal of the Corporation shall bear the name of the Corporation, the word, “Pennsylvania”, and the year of incorporation.

                Section 4. Definitions. 

a.                    As used herein the Word Corporation shall be equivalent to Association and shall mean C.C.W.R.M.A.

b.                   The word “Development” shall mean the lands comprising the subdivision known as Country Club Woods as more particularly described in the Plat Maps of Record in the Office of the Recorder of Deeds in and for Pike County, Pennsylvania.

c.                    All other words as used herein shall have the same definitions as attributed to them in the aforementioned Declaration.

Section 5. Conflict or Contradiction with the Charter of the Association.

If there shall be any conflict, contradiction or ambiguity between the terms and provisions of these By-Laws and the terms and provisions of the charter of the Association, then the terms and provisions of these By-Laws shall be deemed to control and govern the terms and provision of the said charter.

                                                ARTICLE II.   PURPOSE AND RESPONSIBILITY

                Section 1.  Purpose.  The purpose or purposes of the Association

a.                    to insure the present and future residential living conditions relating to health, safety, public morals, convenience, comfort and beauty of lots in the development.

b.                   to regulate, inspect, administer, approve structures and plans for the structures to be constructed in the development and obtain compliance generally with the Declaration as to the use of said lots and of related facilities, including, but not by way of limitation, roads, rights of way and parking areas.

c.                    to promote the welfare and social interest of the members by the ownership, maintenance and control of the facilities and roads, and by providing for the administration and management of same.

Section 2. Responsibility.  The Association shall be responsible for providing and performing any all acts and services of any type whatsoever, and for enforcing the provisions of he Declaration and these By-Laws as they may amended from time to time.

ARTICLE  III. MEMBERSHIP AND VOTING

Section 1. Membership.

a.                    Membership in the Association shall be limited to owners of lots in the development. Transfer of ownership of a lot either voluntarily or be operated of law shall terminate membership in the Association. The transferee will then acquire all of the rights and duties of his predecessor. all owners of lots or their transferees must be members of the Association.

b.                   If ownership of a lot is vested in more than one person, then all of the persons so owning the said lot shall be members of the Association eligible to hold office, attend meetings, etc,. but as hereinafter set forth, the vote of a lot shall be cast by the voting member. If lot ownership is vested in a corporation, said corporation may designate an individual or employee of the corporation as its voting member.

Section 2. Voting.

a.                    The owner (s) of each lot in the development shall be entitled to one vote in the affairs of the Association. An individual (s)  owning more than one (1) lot shall only be entitled to cast one vote.

b.                   The vote of a lot shall not be divided.

c.                    A majority of the voting members at any annual or special meeting shall decide any question unless the declaration or By-Laws provide otherwise, in which event the percentage of votes required thereby shall control.

Section 3. Designation of Voting Members.

a.                    If a lot owned by one person, his right to vote shall be established by the recorded title to  the lot.

b.                   If a lot is owned by more than one person, the person entitled to vote for the lot shall be designated in a Certificate signed by all of the owners of record of the lot and filed with the Secretary of the Association.  The person designated in such a Certificate who is entitled to cast the vote for such  lot shall be known as the voting member.  Such a Certificate shall be valid until revoked or until superseded by a subsequent Certificate or until a transfer of ownership of the lot concerned.  If such a Certificate is not on file with the Secretary of the Association for such lot, then the vote of the said lot shall not be considered in determining a quorum or for any purpose requiring the vote of the membership of the Association.  Provided, however, that if a lot is owned jointly by a husband and wife, the following three (3) provisions shall be applicable thereto:

2

(i)                   They may, but they shall not be required to, designate a voting member.

(ii)                 If they do not designate a voting member and if both 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.  (As previously provided, the vote of a lot is not devisable.)

(iii)                Where they do not designate a voting member, and only one is present a meeting, the person present may cast the vote for the lots as though he or she owned the lot individually and without establishing the concurrence of the absent person.

c.                    If a lot is owned by a corporation, the officer or employee thereof entitled to cast the vote of the lot for the corporation shall be designated in a Certificate for this purpose, such a Certificate shall be signed by the President or Vice-President of the Corporation, attested to by the Secretary and filed with the Secretary of the Association.  The provisions of Subsection (b) of this Section shall govern the revocation and failure to file such a Certificate.

Section 4. Method of Voting.  Votes shall be cast in person by the designated voting member for each lot at the meeting at which the subject is being voted upon.  Voting by proxy shall not be permitted.

ARTICLE IV.  MEETINGS OF THE MEMBERSHIP

Section 1.  Place.  all meetings of the Association membership shall be held at the designation determined by the Board of Directors of the Association.

Section 2.  Notices.  It shall be the duty of the Secretary of the Association to mail or deliver a Notice of each annual or special meeting, stating the time and place thereof, to each lot owner or record at least thirty (30) days but not more than forty (40) days prior to such meeting.  all notices shall be mailed to the address of the owner as it appears on the books of the Association or delivered to him personally.

Section 3.  Annual Meeting.

a.                    The annual meeting of the membership of the Association shall be held on the Second Saturday of September.

b.                   At the annual meeting the following business shall be brought before the membership.

(i)                   the election of Directors to fill the vacancies existing of the board of  Directors for the ensuing year by reason of the termination of a director’s term of office as provided by these By-Laws.

(ii)                 adopt an annual budget for the Association and adopt and levy annual dues and/or assessments necessary to meet the anticipated expenditures for the fiscal year.

(iii)                the transaction of such other business as may be brought before the meeting.

3

                Section 4.  Special Meeting.  Special meetings of the members for any purpose or purposes, unless otherwise prescribed by stature, may be called by the President, and shall be called by the President or Secretary at the request, in writing, of a majority of the Board of Directors, or at the request, in writing, of ten (10) members, which request shall state the purpose or purposes of the proposed meeting.  Business transacted at all special meetings of the members shall be called within sixty (60) days of the date the Association shall receive the request as set forth in the paragraph.

Section 5.  Quorum.  At any meeting of the Association, the presence in person of ten (10) voting members shall constitute a quorum and the concurring vote of a majority of the voting members present shall be valid and binding upon the Association except as otherwise provided in these By-Laws or the Declaration.

Section 6.  Waiver and Consent.  Whenever the vote of members at a meeting is required for permitted by any provision of these By-Laws to be taken in connection with any action of the Association, the meeting and vote of members may be dispensed with if not less than  majority of the members who would have been entitled to vote upon the action if such meeting were held, shall consent in writing to such action being taken; however, Notice of such action shall be given to all members.

Section 7.  Adjourned Meetings.  If any meeting of members cannot be organized because of quorum of voting members is not present, the meeting may be adjourned from time to time until a quorum is present.