HomeMy WebLinkAboutA012 - Bylaws signed March 17, 1999 l
BY-LAWS
OF
AMETHYST PLACE SUBDIVISION ASSOCIATION
ARTICLE . I .
NAME AND LOCATION: The name of the corporation is Amethyst
Place Subdivision Association, hereinafter referred to .as the
"Association. " The principal office of the corporation shall be
located in Ames, Story County, Iowa, but meetings of members and
directors may be held at such places within the State of Iowa, as
may be designated by the Board of Directors .
ARTICLE II. DEFINITIONS
Section 1 : "Association"shall mean and refer to Amethyst
Place Subdivision Association, its successors and assigns .
Section 2 : "Properties" shall mean and refer to that
certain real property described in the Building Restrictions and
Protective Covenants for Amethyst Place Subdivision except Lot 7
and such additions thereto as may hereafter be brought within the
jurisdiction of the Association.
Section 3: "Common Area" shall mean British Columbia Avenu.e
and all other real property owned by the Association for the
Common use and enjoyment of the Owners .
Section 4 : "Lot" shall mean and refer to any plot of land
shown upon any recorded subdivision map of the Properties with
the exception of the Common Area.
Section 5 : "Owner" shall mean and refer to the record
owner, whether one or more persons or entities, of the fee simple
title to any Lot which is a part of the Properties, including
contract sellers, but excluding those having such interest merely
as security for the performance of an obligation.
Section 6 : "Declarant" shall mean and refer to Amethyst
Place Subdivision Association, its successors and assigns if such
successors or assigns should acquire more than one undeveloped
Lot from the Declarant for the purpose of development.
Section 7 : "Declaration" : shall mean and refer to the
Building Restrictions and Protective, Covenants applicable to the
Properties recorded in the office of the Story County Recorder.
Section 8 : "Member" shall mean and refer to those persons
entitled to membership as provided. in the Articles of
Incorporation of Amethyst Place Subdivision Association.
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ARTICLE III . MEETINGS OF MEMBERS
Section 1 : Annual Meetings . The first annual meeting of
the Members shall be held within one year from the- date of
incorporation of the Association, and each subsequent regular
annual meeting of the Members shall be held on the same day of
the same month of each year thereafter, at the hour of 6 o' clock,
P.M. If the day for the annual meeting of the Members is a legal
holiday, the meeting will be held at the same hour on the first
day following which is not a legal holiday.
Section 2 : Special Meeting. Special meetings of the
Members may be called at any time by the president or by the
_Board of Directors, or upon written request of the Members who
are entitled to vote one-fourth ( 1/4) of all the votes .
Section 3 : Notice of Meetings . .Written notice of each
meeting of. the Members shall be given by or at the direction of,
the secretary or person authorized to call the meeting, by
mailing a copy of such notice, postage prepaid, no less than
fifteen ( 15) nor more than fifty (50) days before such meeting to
each Member entitled to vote thereat, addressed to the member' s
address last appearing on the books of the Association, or
supplied by such member of the Association for the purpose of
notice. Such notice shall specify the place, day and hour of the
meeting, and, in the case of a special meeting, the purpose of
the meeting.
Section 4: Quorum. The presence at the meeting of the
Members entitled to cast, or proxies entitled to cast, sixty
percent ( 60%) of all the votes of membership shall constitute a
quorum for any action except as otherwise provided in the
Articles of Incorporation, the Declaration, or these .By-laws .
If, however, such quorum shall not be present or presented at any
meeting, another meeting may be called subject to the same notice
requirement, and the required .quorum at the- subsequent meeting
shall be one-half ( 1/2 ) of the required quorum at .the preceding
meeting. No such subsequent meeting shall be held more than
sixty ( 60) days following the preceding meeting at which the
sixty percent ( 60%) quorum was not achieved.
Section 5: Proxies . At all meeting of Members, each Member
may vote in person or by proxy. All proxies shall be in writing
and filed with the secretary. Every proxy shall be revocable and
shall- automatically cease upon conveyance by the Member of his
Lot.
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Section 6 : Suspension of Voting Rights . A Member' s voting
rights shall be suspended for any period during which any
assessment against the Member' s Lot(s) remains unpaid. The Board
of Directors may suspend, for a period not to exceed .sixty (60)
days, a Member ' s voting rights for any infraction of the
Association' s published rules and regulations .
ARTICLE IV. BOARD OF DIRECTORS, SECTION, TERM OF OFFICE
Section 1 : Number. The affairs of this Association shall
be managed by an initial Board of Three ( 3) directors and
thereafter by a Board of not less than three (3) nor more than
five (5) directors who need not be members of the Association.
.Section 2 : Term of Office. Board members. shall be elected
. by the Members until the next _ensuing. annual meeting of Members
or until their successors have. been duly ..elected and .qualified.
Section 3 : Removal. Any director. may be removed form 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 directors and shall serve for the unexpired term of his
predecessor.
Section 4 : Compensation. No director shall receive
compensation for any service he may render to the Association in
his capacity as director. However, any director may be
reimbursed for his actual expenses incurred in the performance of
his duties .
Section 5 : Actions Taken Without a Meeting. The directors
shall have the right to take any .action in the absence of a
meeting which they could take at a meeting by.,obtaining. the
written approval of all directors . Any action so approved shall
have the same effect as though taken at a meeting of the
directors .
Section 6 : _ Joyce Lang as Director. Notwithstanding anything
to the contrary in this Article or elsewhere in these By-Laws,
Joyce Lang as owner of Lot 9 of Amethyst Place Subdivision, Ames,
Iowa, or her successor in interest shall in all events be a
member of the Board of Directors of the Association until
December 31, 2003, unless she (or her successor in interest)
earlier resigns as a Director of the Association or at such time
that four residences on Lots 1, 21 3, 41 5, or 6 of Amethyst
Place Subdivision are constructed and occupied.
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ARTICLE V. NOMINATION AND ELECTION OF DIRECTORS
Section 1 : Nomination. Nomination for election to the
Board of Directors shall be made by a Nominating Committee.-
Nominations may also be made from the floor at the annual meeting
of Members . 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
shall be appointed by the Board of Directors prior to each annual
meeting of the Members, to serve from the close of such annual.
meeting until he close of the next annual meeting and such
appointment shall be announced .at each annual meeting. The
Nominating Committee . shall make as many nominations for election
to the Board of Directors as it shall, in its discretion,
determine but not less than -the number -of .vacancies- that are to
be filled. Such nominations .may .be made - from among -Members or
non-members .
Section 2 : Election. Election to the Board of Director
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. The persons receiving the largest number of
votes shall be elected. Cumulative voting is not permitted.
ARTICLE VI . MEETING OF DIRECTORS
Section 1 : Regular Meetings . Regular meetings of the Board
of Directors shall be held monthly without notice, at such place
and hour as may be fixed from time to time by resolution of the
Board. Should said meeting fall upon a legal holiday, then that
meeting shall be held at the same time on the next day which is
not a legal holiday.
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, .upon twenty-four (24)
hours ' notice to each director.
Section 3 : Quorum. A majority of the number of directors
shall constitute a quorum for the transaction of business . Every
act or decision done or made by a majority of the directors
present at a duly held meeting at which a quorum is present shall
be regarded as the act of the Board.
ARTICLE VII. POWERS AND DUTIES OF THE BOARD OF DIRECTORS
Section 1 : Powers . The Board of Directors shall have power
to:
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A. Adopt and publish rules and regulations governing the
use of the Common Area and facilities, and the personal
conduct of the members and their guests thereon, and to
establish penalties for the infraction thereof;
B. Suspend the voting rights of a Member during any period
in which such Member shall be 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 60 days for infraction of
published rules and regulations;
C. Exercise -for the Association all powers, duties and
authority vested . in ..or. delegated. to this. Association
and not reserved .to the -member.ship by other -provisions
of these By-laws, .the:Articles of Incorporation or the
Declaration.
D. Declare the office a member of the board of Directors
to be vacant in the event such director shall be absent
from three (3.) consecutive regular meetings of the
Board of Directors; and
E. Employ a manager, an independent contractor, or such
other employees as they deem necessary, and to
prescribe their duties .
Section 2 : Duties . It shall be the duty of the Board of
Directors to:
A. Cause to be kept a complete record of all of its acts
and corporate affairs and to present a statement
thereof to the Members at. the annual meeting of the
Members, or at any special meeting when -such statement
is requested in writing by one-fourth (1/4) of the
Members who are entitled to vote;
B. Supervise all officers, agents and employees of this
Association, and to see 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
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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, upon
demand by any person, a certificate setting forth
whether or not any assessment has been paid. A
reasonable charge may made by the Board for the
issuance of these certificates . If a certificate
states an assessment has been paid, such
certificate shall be conclusive evidence of such
payment;
E. Procure and maintain adequate liability. .and hazard
insurance on property owned by the Association;
F. Cause all officers or. employees . having fiscal
responsibilities to be bonded, as it may deem
appropriate; and
G. Cause the Common Area to be properly maintained,
including snow removal and landscape plantings, and
repairs .
ARTICLE VIII . OFFICERS AND THEIR DUTIES
Section 1 : Enumeration of Offices . The officers of this
Association shall be a president and vice president, who shall,
at all times be members of the Board of Directors, a secretary,
and a 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 annual meeting of the members .
Section 3 : Term. The officers of this Association shall be
elected annually by the Board and each shall hold office for 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, having such
authority, and perform such duties as the Board may, from time to
time, determine.
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Section 5 : Resignation and Removal . Any officer may be
removed from office with or without cause by the Board. 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 remainder of the term of the
officer he replaces .
Section 7 : Multiple Offices . . ..The -offices . of .secretary and
treasurer may be held by the same person. 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:
President
A. 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 leases, mortgages, deeds and other written
instruments and shall co-sign all checks and promissory
notes .
Vice President
B. The vice president .shall .act in the place and stead 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.
Secretary
C. The secretary shall record the votes and keep the
minutes of all meetings and proceeds of the Board and
of the members; serve notice of meetings of the Board
and of the members; keep appropriate current records
showing the members of the Association together with
their addresses, and shall perform such other duties as
required by the Board.
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Treasurer
D. The treasurer shall receive and deposit in appropriate
bank accounts all monies of the Association and shall
disburse such funds as directed by resolution of the
Board of Directors; shall sign all checks and
promissory notes of the Association; keep proper books
of account; cause an annual audit of the Association
books to be made by a public accountant at the
completion of each fiscal year; and shall prepare and
annual budget and a statement of income and
expenditures to be presented to the membership at its
regular annual meeting, and deliver a copy of each to
the members .
ARTICLE IX. WRITTEN INSTRUMENTS, LOANS, _.CHECKS.:AND DEPOSITS,
MERGERS
. Section 1 : Written Instruments-Real Property. All
transfers, conveyances, leases mortgages or assignments of real
estate or of any interest thereon shall be executed by the
President or Vice President and attested to by the Secretary or
Treasurer. No dedication, sale or transfer of all or any part of
the Common Area to any public agency, authority or utility shall
be effective unless an instrument has been signed by two-thirds
(2/3) of the Members agreeing to such dedication, sale or
transfer.
Section 2 : Written Instruments - Personal Property. All
transfers, conveyances, leases or encumbrances of personal
property or any interest therein shall executed by any officer of
the corporation or any agent authorized by the .Boards of
Directors. All judgments or other. liens shall .be satisfied, ,
discharged or released or assigned by any officer of the
Association.
Section 3 : Loans . No loans shall be contracted on behalf
of the corporation and no evidences of indebtedness shall be
issued in its name and unless authorized by resolution of the
Board of Directors . Such authority may be general or confined to
specific instances . The Association may mortgage, pledge, deed
in trust, or hypothecate any or all of its real or personal
property as security for money borrowed or debts incurred only
with the assent of two-thirds (2/3 ) of the Members .
Section 4 : Checks, Drafts , Etc. All checks, drafts or
other orders for. the payment of money, notes or other evidences
of indebtedness issued in the name of the corporation shall be
signed by the Treasurer and co-signed by the president or by such
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other officers or agents of the corporation shall be determined
and authorized by resolution of the Board of Directors .
Section 5 : Deposits . All corporate funds not otherwise
employed shall be deposited to the credit of the corporation at
such banks, savings and loans, credit unions, trust companies or
other depositories as the Board of Directors may select.
Section 6 : Mergers . The Association may participate in
mergers and consolidations with other nonprofit corporations
organized for the same purposes as the Association or annex
additional residential property in Common Area only with the
assents of two-thirds (2/3) of each class of Members.
ARTICLE. X. COMMITTEES
The Association shall appoint a Nominating: Committee, as
provided in these By-laws . . In ,addition, ..the -.Board of Directors
. shall appoint other committees as.,,deemed_-.appropriate. in. carrying
out its purpose.
ARTICLE XI . BOOKS AND RECORDS
The books, records and papers of the Association shall, at
all times . during reasonable business hours, be subject to
inspection by any Member. The Declaration, the Articles of
Incorporation and the By-laws of the Association shall be
available for inspection by any Member at the principal office of
the Association, where copies may be purchased at reasonable
cost.
ARTICLE XII. ASSESSMENTS
Section 1 : Creation of the lien and personal obligation of
assessment. Each owner of any lot by acceptance of a deed
therefor, whether or not it shall be so expressed .in such deed,
is deemed to covenant and agree to pay the Association, as
follows :
a. Annual assessments or charges;
b. Special assessments for capital improvements, and such
assessments are to be established and collected as
hereinafter provided, and;
C. All assessments, fees or charges shall be billed and
shall be due within 30 days after billing. A late
payment fee of $5 . 00 per month shall be added to the
charges .
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The annual and also special assessments, together with late
payment charges and with interest, costs and reasonable attorney
fees shall be a charge on the lot against which such assessment
is made. Each such .assessment, together with interest charges,
costs and reasonable attorney fees shall also be the personal
obligation of the person who was the owner of the lot at the time
the assessment fell due. The personal obligation for delinquent
assessments shall pass to the successors in title if the owner of
the lot at the time the assessment fell due did not pay said
assessment.
The directors of the Association shall establish each year the
assessments against lots in Amethyst ' Place Subdivision of Ames,
Iowa. Each lot in the subdivision shall .be. assessed an equal
pro-rata share of the annual . and,:special,, assessments : e.stablished
by .the directors . Annual assessments against each lot shall not
exceed $100 per year; and .special assessments .against each lot
shall not exceed $250 per year. -These limitations may be
exceeded. by unanimous approval- of..owners -.of lots in the
subdivision. Special assessments against lots in -the subdivision
shall not be made more than once in any four year period.
Purposes for which annual and special assessments may be
collected shall be limited to snow removal, maintenance, repair
and reconstruction on British Columbia Avenue. Monies received
by the Association from assessments against lots shall not be
used to construct British Columbia Avenue or install any public
utilities required by the City of Ames, Iowa, as part of the
final plat of Amethyst Place Subdivision of Ames, Iowa.
Section 2 : Notice and quorum for any action authorized
under Section 1 . Written notice by regular mail of any meeting
called for the purpose of taking any action authorized under
Section 1. of this Article shall be-. sent to all Members not less
than 30 days nor more than . 60 days in. advance of the meeting. At
the first such meeting called, the presence. of the members in
person or by proxy entitled . to .cast 60 .percent of .all of the
votes of the members shall constitute a quorum. If the require
quorum is not present, another meeting maybe called subject to
the same notice requirement and the required quorum of the
subsequent meeting shall be one-half of the required quorum at
the preceding meeting. No such subsequent meeting shall be held
more than 60 days following the preceding meeting.
Section 3 : Notice of Assessments . Written notice of the
annual assessments shall be sent to every owner subject thereto.
The Association, shall, upon demand, and for a reasonable charge,
furnish a certificate signed by an officer of the Board of
Directors setting forth whether the assessment on a specified lot
has been paid.
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Section 4 : Effective nonpayment of assessments and remedies
of the Association. Any assessment not paid within 30 days after
the due date shall bear interest from the due date of the same at
the rate in effect on the due date which is no higher than 3
percent above the interest rate paid by the U. S. Government on a
one-year Treasury Bill. The Association may bring an action at
law against the owner personally obligated to pay the same or
foreclose the lien against the property. No owner may waive or
escape liability for the assessments provided for herein by
abandonment of his/her lot. The Board of Directors of the
Association may cause a lien to be placed against any lot for
.nonpayment of Assessment as follows :
a. A 15 day written .notice of said .delinquency .shall be
given to the lot owner.
b. If the delinquent assessment is .-.not .paid .within said 15
days, a notice of: -nonpayment of-_: assessment maybe
,served on the lot .owner. in .the .:same .manner •as an
original notice setting forth the name of .the lot
owner; the lot number; the unpaid assessment and the
costs of serving the notice, plus reasonable attorney
fees . If the assessment is not paid in 30 days after
notice is served, the said notice, together with proof
of service and affidavit of nonpayment, may be filed in
the County Recorder ' s Office, Story County, Iowa, and
from and after the date the documents are recorded.
The amount set out in the Notice shall constitute a
lien against the lot described in the notice and the
lien has been perfected. At any time after the lien
has been perfected, the Association may implement any
proper legal means to foreclosure the lien or to
collect the amount due.
C . All lot owners by acceptance -of the .deed to..their lot
contractually agree to be bound. by .the terms -of this
paragraph and all the 'terms .and .obligations of these
by-laws .
d. In lieu of the above, the -Board may file a lawsuit
against any lot owner for nonpayment of the
assessments, plus reasonable attorney fees, court
costs, interest and charges .
ARTICLE XIII. CORPORATE SEAL
The Association shall not have a corporate seal.
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ARTICLE XIV. INDEMNIFICATION
Section 1 : Indemnification; Third party actions . Except
for any prohibition against indemnification specifically set
forth in these By-laws or in Chapter 504A, Code of Iowa, at the
time indemnification is sought by any Member, director, officer,
employee, volunteer or agent of the corporation, the corporation
shall indemnify any person who was or is a party or is threatened
to be made a party to any threatened, pending or completed
action, suit or proceedings, whether civil, criminal,
administrative .or..inves.tigative...(.other than .an action..by or in
the right of. the .,corporation) by . reason of the . fact that he or
she is or. was a Member, :director,. officer., employee,, volunteer or
agent of the .corporation, or is .or was; serving -at the request of
the corporation as a Member;., dir.ector., officer.,: ;employee. or agent
of another corporation,, -_,partnership; .join.-venture '.trust or other
enterprise (such serving. as. ;a. director, . o.fficer,: ,:employee or
. agent- of the. corporation or at the-:request of .the corporation
referred to herein as "serving on behalf of or at the
corp[oration ' s request" ) , against expenses (including attorneys '
fees) , judgments, fines and amounts paid in settlement actually
and reasonably incurred by him in connection with such action,
suit or proceeding if he or she acted in good faith and in a
manner he or she reasonably believed to be in or not opposed to
the best interests of the corporation, and with respect to any
criminal action or proceeding, had no reasonable cause to believe
his or her conduct was unlawful . The termination of any action,
suit or proceeding by judgment, order, settlement, conviction, or
upon a plea of nolo contendere or its equivalent, shall not, of
itself, create a: presumption that. the. person did not actin good
faith and in a manner which he or .she reasonably believed to be
in or not opposed to the best interests of the .corporation, and,
with respect to any criminal action or proceeding, had reasonable
cause to believe that his or her conduct was unlawful.
Section 2 :. Indemnification; -Further .provisions . If a
Member, director, officer, employee, volunteer or agent 'of the
corporation has. been successful on the merits or otherwise in
defense of any action, suit, or proceeding referred to in Section
1, or in defense of, any claim, issue or matter therein, he or she
shall be indemnified against expenses (including attorneys '' fees)
actually and reasonably incurred by him in connection therewith.
Any other indemnification (unless ordered by a court) shall be
made by the corporation only as authorized in the specific case
upon a determination that the indemnification of such person is
proper because he or she has met the applicable standard of
conduct set forth in Section 1; such determination shall be made
( 1 ) by the Board of Directors by a majority vote of a quorum
consisting of directors not parties to such action, suit or
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proceedings, or (2 ) in a written opinion by special independent
counsel selected by the Board of Directors by a majority vote of
a quorum consisting of directors not parties to such action, suit
or proceedings, or (3) if the requisite quorum of the full Board
of Directors cannot be obtained through disinterested directors,
in a written opinion by special independent legal counsel
selected by a majority vote of the full Board of Directors in
which directors who are parties may participate. Expenses
incurred by defending a civil or criminal actin, suit, or
proceedings may be paid by the corporation in advance of the
final disposition of such action, suit or proceedings as
authorized .in the. manner.:provided, in:.this,.S,ection 2 .-.upon :receipt
of an undertaking by .or on ;•behalf. -of such ,person . th'at such person
believes in good faith that eh -or she ,has :*met .-the applicable
. standard of conduct set forth in ,Section l and- -that '.such. person
will repay such amount unless .it .shall. ultimately.:be_.det.ermined
that .he or she is entitled to. be;:.indemnified as .au.thorized
herein. The indemnification. -and advancement-,of: 'expenses .provided
.herein ,shall :not .be exclusive of; any.,-other. rights 'to. which.-those
seeking indemnification or advancement. of expenses may be
entitled under- any provision in the articles of incorporation or
bylaws, any agreement, any vote of members or disinterested
directors, or otherwise, both as to. actions in the person' s
official capacity entitling the person to indemnification and
advancement of expenses under these provisions and as to actions
in other capacities concurrently held by those seeking
indemnification or advancement of expenses . However, no person
shall be provided indemnification by any provision of the
articles of incorporation or bylaws, by any agreement, or
otherwise, for any breach of a duty of loyalty to the corporation
or its members, for any act or omission not in good faith �or
which involves intentional .misconduct or knowing .violation of the
law, or for any transaction from which the person-derives an
improper personal benefit. ..The indemnification ,pr.ovided herein
shall continue as to a person .who has ceased to be, a Member,
director, officer, employee, .volunteer or agent .and shall inure
to the benefit of the heirs, executors, .personal .representatives
and administrators of such a _person. The Board of Directors
. shall have power to .purchase. and .maintain insurance on behalf of
any person who is or was serving on behalf of or at the
corporation' s request against any liability asserted against him
and incurred by him in any such capacity or arising out of his or
her status as such, whether or not the corporation would have the
power to indemnify him against such liability under the
provisions hereof.
ARTICLE XV. AMENDMENTS
.Section 1 : Method. These By-Laws may be amended, at a
regular or special meeting of the Members, by unanimous approval
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of the Members prior to December 31, 2003, or by a vote of the
majority of a quorum of Members present in person or by proxy at
a meeting after December 31, 2003, or before December 31, 2003,
if four residences are constructed and occupied on Lots 1, 2, 3,
4, 5 or 6 of Amethyst Place Subdivision.
Section 2: Conflicts . In the case of any conflict between
the Articles of Incorporation and these By-laws, the Articles
shall control; and in the case of any conflict between the
Declaration and these By-laws, the Declaration shall control.
ARTICLE XVII . MISCELLANEOUS
The fiscal year of the Association shall begin on the first
day of January and end on the . 31st day of December of each year,
except that the first fiscal year shall begin on the date of
incorporation.
IN WITNESS WHEREOF, We, the undersigned directors of the
Amethyst Place Subdivision Association, have hereunto set my hand
this j 7- — day of F }a trn y, 1999 .
l
Larry W. Kerr, Dir ctor
OLJ n McDonald, Director
Joyce- R. Lang
STATE OF IOWA )
)ss :
COUNTY OF STORY )
On this'I� day of FtrbTTrdTy, 1999, before me, the
undersigned, a Notary Public in and for the State of Iowa,
personally appeared Larry W. Kerr and M. Joan McDonald, to me
personally known, who being by me duly sworn did say that they
are the Directors of Amethyst Place Subdivision Association, the
corporation executing the within and foregoing instrument, that
no seal has been procured by the corporation; that said
instrument was signed on behalf of the corporation by authority
of its Board of Directors; and that Larry W. Kerr and M. Joan
McDonald, as such Directors acknowledged the execution of the
foregoing instrument to >be--V&1tin�' y act and deed of the
corporation, by it and _bythe ' v`oluntarily executed.
Hy��•l +%1 ?2,�S ti �.7
r u lic -- State of Iowa
Joseph L. Max'k5
z
99- 06103' (44)
15
STATE OF IOWA )
)ss :
COUNTY OF STORY ) pp
AM G Gt
On this . -1 0 day of , 1999, before me, the
undersigned, a Notary Public in and' for the State of Iowa,
personally appeared Joyce R. Lang, to me personally known, who
being by me duly sworn did say she is a Director of Amethyst
Place Subdivision Association, the corporation executing the
within and foregoing instrument, that no seal has been procured
by the corporation; that said instrument was signed on behalf of
the corporation by authority of its Board of Directors; and that
Joyce R. Lange, as such Director acknowledged the execution of
the foregoing instrument to be volu tary act and deed of .the
corporation, by it and by her volu arily pcuted.
� f
Notary Public -- State of Iowa
ciPa�cs pA!!I®L�f.BEPISOId
a�-� � ft�Y CO�I�iSSION EXPIRES
oNa Apri124,1999
99� 061 03 (45)