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The current Bylaws were planned to be interim until refined by our Community upon Independence.  The Board of Trustees extends an open invitation for any member to participate on a team to draft the refinements. While tailored to the specifics of our Community, the legal model will be drawn from the American Law Institute's 'Restatement of the Law, Third, Property (Servitudes)'; the Uniform Law Commis­sion's 'Uniform Common Interest Owner­ship Act'; the Uniform Law Commission's 'Common Interest Owners Bill of Rights Act'; and the American Association Of Retired Persons (AARP) “Bill Of Rights For Homeowners In Associations”. While tailored to the specifics of our Community, the organizational model will be drawn from certain and select non-profit organizations.Upon completion the draft will be submitted to our Association's Attorney, John McCall, for review. Once finalized, the revised Bylaws will be submitted to our membership for item voting, and thereafter ratification.

 

 

Bylaws for Good Neighbor Association, Inc.


 

Section One

1.1     Moniker
1.2     Incorporation
1.3     Purpose

Section Two

2.1     Covenants
2.2     Membership
2.3     Voting Rights

Section Three

3.1     Elections

Section Four

4.1     Board of Directors

Section Five

5.1     Officers

 

Section Six

6.1     Covenant Committee

Section Seven

7.1     Meetings

Section Eight

8.1     Fiscal Responsibility

Section Nine

9.1     Good Neighbor Fund

Section Ten

10.1     Records

Section Eleven

11.1     Property Management
11.2     First Refusal
11.3     Redemption

Section Twelve

12.1     Amendment
12.2     Headings
12.3     Severability
                                                                                                                                                                                                                                                                                                                                                                                                                                  

1.1

Moniker.

 

Good Neighbor Association, Incorporated.

 

1.2

Incorporation.

 

Pursuant to the provisions of the New Mexico Nonprofit Corporation Act (53-8-1 to 53-8-99 NMSA 1978), a copy of which is presented as Exhibit A.

 

1.3

Purpose.

 

Homeowners Association.  To provide a forum by which members may establish common policy.

 

2.1

Covenants.

 

Property owners shall be responsible to ensure abidance of the Covenants.  (2.1)


 

2.2

Membership.

 

Association membership shall be mandatory for all property owners within the Covenant boundary.

 

2.3

Voting Rights.

 

a.

The owner of a dwelling shall have the right to vote.  Where more than one person owns a dwelling, or an interest therein, the concurrence of all such owners shall be necessary to vote.  (2.3a)

 

b.

The right to vote shall be denied to a member in arrears.

 

3.1

Elections.

 

a.

Any member may nominate a candidate.

 

b.

Eligibility is available to homeowners who permanently reside within the Covenant boundary.

 

c.

Elections shall occur by a majority vote of the membership present at the Annual Meeting.

 

d.

The right to hold position shall be denied to a member in arrears.

 

4.1

Board of Directors.

 

a.

There shall be not less than three: Executive Director - Secretary - Treasurer -  nor more than five.

 

b.

Directors shall serve a one-year term, with no limitations on future terms.

 

c.

Vacancies shall be filled by majority vote of the Board, having the member appointed to serve the remainder of the unexpired term.

 

5.1

Officers.

 

There shall be no paid officers.

 

6.1

Covenant Committee.

 

a.

There shall be three, without title.

 

b.

Notifications of noncompliance shall be at the hand of the majority.

 

c.

Foreclosure proceedings shall be recommended at the hand of the unanimous Covenant Committee, then joined at the hand of the unanimous Board of Directors for proceeding.

 

7.1

Meetings.

 

a.

Meetings shall be held within the Covenant boundary, held on weekends or weekday evenings, and open to the membership.

 

8.1

Fiscal Responsibilty.

 

a.

Request For Compliance and the responses thereof shall be in writing.

 

b.

In the event of a property-related noncompliance the owner shall be served concurrently by email and a posting on the entrance door of the dwelling.

 

c.

In the event of a behavior-related noncompliance the occupant shall be served concurrently by email and a posting on the entrance door of the dwelling.

 

9.1

Good Neighbor Fund.

 

a.

A discretionary benevolent account.

 

b.

Use shall be at the hand of the unanimous Board of Directors.

 

10.1

Records.

 

a.

Records shall be available for membership inspection and copy.

 

11.1

Property Management.

 

 

11.2

First Refusal.

 

 

11.3

Redemption.

 

 

12.1

Amendment.

 

These Covenants may be amended by an instrument signed with the consent of a majority of the homeowners, duly recorded.  Where more than one person has interest therein, the concurrence of all such owners shall be necessary to entitle the owners of such lot to vote for amendment.

 

12.2

Headings.

 

Paragraph headings are for convenience only and shall not be used to construe the provisions thereof.

 

12.3

Severability.

 

In the event any provision is determined to be invalid or unenforceable it shall be adjusted so as to best reflect the original intention of said provision to the maximum extent possible, with the remainder to be valid.

 
 

(2.1)    'Property Owner' :: a holder of land, landholder, landowner.
(2.3a)  'Owner Of A Dwelling' :: homeowner.
(12.3)  In the event of an invalidation said provision shall be subject to 12.1
 
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