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Home My WebLink AboutA008 - Articles of Incorporation of Copper Cove Homeowners Association dated May 29, 2000 . INST.NO. 0 0 -- 0 7 4 3 3 STORY COUNTY, IOWA pq FILED FOR RECORD JUL 0 5 2000 Pf RETURN TO: SUSAN L.VANDE KAMP,Recorder Instrument Prepared by: Frank B.Johnston,Box 847,Ames,IA 50010-0847;515-232-1761 ARTICLES OF INCORPORATION OF COPPER COVE HOMEOWNERS ASSOCIATION TO THE SECRETARY OF STATE OF THE STATE OF IOWA: Pursuant to Iowa Nonprofit Corporation Act §504A.29,the undersigned adopts the following Articles of Incorporation: ARTICLE I NAME The name of the corporation is: Copper Cove Homeowners Association. ARTICLE II DURATION The period of duration for the corporation is perpetual. The existence of this corporation shall commence at the time and date of filing of these Articles of Incorporation with the Secretary of State of the State of Iowa. ARTICLE III PURPOSE The purpose and objectives for wluch this corporation is organized is to promote the health,safety and welfare of residents within the subdivisions known as First Addition,Copper Cove Subdivision,Story County,Iowa,Second Addition,Copper Cove Subdivision, Story County,Iowa;. and Lots 7, 8 and 9 of the Plat of Survey of the Auditor's Plat of the Southeast Quarter(SE 1/4) of the Southwest Quarter(SW 1/4) of Section Twenty-three (23), Township Eighty-four(84)North, Range Twenty-four(24)West of the 5th P.M., Story County,Iowa, said Plat of Survey having been filed in the office of the Recorder of Story County,Iowa,on March 22,2000,as Instrument No. 00- 02936, Slide 61,Page 5, ("the Properties"), and for these purposes to: A. Own, operate and maintain any common properties and facilities within the Properties; B. Determine assessments or charges to be levied against the owners of lots within the Properties; C. Enforce any and all Covenants, Conditions, Restrictions and Easements applicable to the Properties; D. Pay the taxes, if any, on any common Properties and facilities; and E. Insofar as permitted by law,to do any other thing that, in the opinion of the Board of Directors, will promote the common benefit and enjoyment of the owners of lots within the Properties. ARTICLE IV REGISTERED OFFICE AND REGISTERED AGENT The street address of the corporation's registered office in Iowa is 2725 Ford Street, Ames, Iowa 50010, and the name of its initial registered agent is Richard A. Lepper. ARTICLE V DIRECTORS .r The number of Directors of the initial Board of Directors shall be two and the names and addresses of the persons now serving as Directors are: Director Address Richard A. Lepper 2725 Ford Street Ames, Iowa 50010 Marlakay J. Lepper 2725 Ford Street Ames, Iowa 50010 ARTICLE VI MEMBERS A person or entity who is a record owner of the fee title to any lot within the Properties, including contract vendees who are in possession, shall be a member of the 2 00 - 07 4 3 3 ( z� corporation. Those persons or entities having such interests merely as security for the performance of an obligation or indebtedness shall not be a member. ARTICLE VII VOTING RIGHTS The corporation shall have two classes of voting membership: Class A: Class A members shall all be owners within the Corporation, excepting,however, Rich Lepper Construction, Inc. ("Declarant"), and shall be entitled to one vote for each lot owned. When more than one person or entity holds an interest in any lot, all such persons or entities shall be members and the vote for such lot shall be exercised as they shall among themselves determine, but in no event shall more than one vote be cast with respect to any such lot. Class B: The class B member shall be the Declarant and shall be entitled to three votes for each such lot owned by the Declarant. The Class B membership shall cease and be converted to Class A membership upon the happening of either of the following events, whichever first occurs: 1. When the total votes outstanding in the Class A membership equals the total votes outstanding in the Class B membership, or 2. On January 1,2004. From and after the happening of either of these events, whichever first occurs,the Class B member shall be deemed to be a Class A member entitled to one vote for each lot of which it is the owner. ARTICLE VIII COVENANT FOR ASSESSMENTS The declarant and each owner of a lot within the Properties covenants and agrees to pay to the Association assessments as provided in the By-Laws of the Association. 3 00 -- 074 3 3 (3� ARTICLE IX INCORPORATORS The name and address of the incorporator of the corporation is: Inco orp rator Address Richard A. Lepper 2725 Ford Street Ames, Iowa 50010 ARTICLE X PERSONAL LIABILITY OF DIRECTORS AND INDEMNITY Directors shall not be personally liable to the corporation, nor to its members, and shall be indemnified by the corporation for all claims or liabilities, including the defense of such claims or liabilities that may be brought against an individual Director by virtue of their being a Director of this corporation, except as may be specifically limited by provisions of Iowa law. The Association shall indemnify each officer and director, including former officers and directors,to the full extent permitted by the laws of the State of Iowa. ARTICLE XI INSTRUMENTS All Contracts, Deeds and other instruments relating to real estate to which the corporation is a party shall be executed by any two officers of the corporation, which may be one and the same individual. The corporation shall not have a seal. ARTICLE XII AMENDMENTS These Articles may be amended in accordance with law,provided that the voting and quorum requirements specified for any action under any provision of these Articles shall apply also to any Amendment of such provision, and provided further that no Amendment shall be effective to impair or dilute any rights of members that are governed by recorded Covenants or Restrictions applicable to the Properties, including, but not limited to, membership and voting rights, which are part of the property interests created thereby. 4 00 - 07 4 3 3 �� ARTICLE)III No part of the net earnings of the corporation shall inure to the benefit of, or be distributable to the benefit of, or be distributable to its members,trustees, officers, or other private persons, except that the corporation shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of the purposes set forth in these Articles. No substantial part of the activities of the corporation shall be the carrying on of propaganda, or otherwise attempting to influence legislation, and the corporation shall not participate in, or intervene in(including the publishing or distribution of statements), any political campaign on behalf of any candidate for public office. ARTICLE XIV DEDICATION OF PROPERTIES The corporation shall have the power to dispose of its real Properties only as authorized under the recorded Covenants and Restrictions applicable to said Properties. RICHARD A. LEPPE Incorporator f STATE OF IOWA ) )ss STORY COUNTY ) On this L day of May, 2000,before me,the undersigned, a Notary Public in and for the State of Iowa,personally appeared Richard A.Lepper,to me known to be the person named in and who executed the foregoing instrument, and acknowledged that he executed the same as his voluntary act and deed. r-:ANK 9,JOB = a Notary Public in and for e State of Iowa (Printed Signature of Notary Public) 5 00 - 07 4 3 3 Cs�