Rambleridge Property Owners Association

 

BY-LAWS OF RAMBLERIDGE PROPERTY OWNERS ASSOCIATION, INC.

 

STATEMENT OF NAME AND LOCATION

 

The name of the corporation is Rambleridge Property Owners Association, Inc., hereinafter referred to as the “Association”.  The principal office of the corporation shall be located at 1334 So. 119th Street, Omaha, Nebraska, but meetings of members and directors may be held at such places within the State of Nebraska, County of Douglas, as may be designated by the Board of Directors.

           

Note: This is a summarized document of the different covenants within Rambleridge Property Owners Association. Please refer to the specific covenants that apply to your address for specific rules.  Specific covenants are available with the acting President of the association.     

 

ARTICLE I

 

DEFINITIONS

 

            Section 1.  “Association” shall mean and refer to Rambleridge Property Owners Association, Inc., its successors and assigns, a Nebraska non-profit corporation.

            Section 2.  “Owner” shall mean and refer to the record owner, whether one or more persons or entities, of a 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 3. “Properties” shall mean and refer to that certain real property hereinbefore described, and such additions thereto as may hereinafter be brought within the jurisdiction of the Association.

            Section 4.  “Common Area” shall mean all real property owned by Sanitary and Improvement District No. 257 of Douglas County, Nebraska, or its successors in interest for the common use and enjoyment of the owners.  The Common Area at the time of the conveyance of the first lot is described as follows:

            See specific section covenants for common area definitions.

            Section 5.  “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 6.  “Improved Lot” shall mean and refer to any lot of the properties exclusive of the Common Areas upon which shall be erected a dwelling the construction of which shall be at least 95% completed according to the plans and specifications for construction of said dwelling.  All other lots, exclusive of the Common Area, which shall be vacant or upon which shall be erected a dwelling, the construction of which shall be less than 95% completed according to the plans and specification for construction of said dwelling, shall be defined and referred to herein as “Unimproved Lots”.

            Section 7.  “Declarant” shall mean and refer to Edward E. Wilczewski, his successors and assigns, if such successors or assigns should acquire more than one developed Lot from the Declarant for the purpose of development and provided that the transfer shall comply with the provisions of Section 2 of the By-Laws regulating transfer of Declarant Membership.

 

ARTICLE II

 

PROPERTY RIGHTS

 

            Section 1.  Owner’s Easements of Enjoyment.  Every owner shall have a right and easement of enjoyment in and to the Common Area which shall be appurtenant to and shall pass with the title to every Lot.

            Section 2.  Delegation of Use.  Any owner may delegate his right of enjoyment to the Common Area and facilities to the members of his family, guests or tenants; provided, however, that said owner shall be responsible to the Association for the conduct upon and use by said family, guests or tenants to the Common Area.

 

ARTICLE III

 

MEMBERSHIP AND VOTING RIGHTS

 

            Section 1.  Every owner of a lot within the properties shall be a member of the Association.  Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment.

            Section 2.  The Association shall have two classes of voting membership.

 “Resident Members” shall be all Owners with the exception of the Declarant and shall be entitled to one vote for each lot owned.  When more than one person holds an interest in any Lot, all such persons shall be members.  The vote for such Lot shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to any such Lot.

“Declarant and its assigns, provided said assignment, grant or conveyance to said assigns shall denominate said assignee as a successor Declarant as provided in the By-Laws.  The Declarant Member or its successors shall be entitled to Three (3) votes for each lot owned.  The Declarant membership shall cease and be converted to Resident membership when the total votes outstanding of Resident membership equal the total votes outstanding in the Declarant membership.

 

ARTICLE IV

 

COVENANT FOR MAINTENANCE ASSESSMENTS

 

            Section 1.  Creation of the Lien and Personal Obligation of Assessments.  The Declarant, for each fully developed Lot owned within the Properties as defined herein, hereby covenants, and 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 to the Association:  (1) Regular annual maintenance assessments for charges for the purposes hereinafter set forth in Section 2 hereof, and (2) Assessments for capital improvements, such assessments to be established and collected as hereinafter provided.  The Regular and Special Assessments, together with interest, costs, and reasonable attorney’s fees, shall be and constitute until paid a continuing charge against and lien upon such lot or property against which each such assessment is made.  Each such assessment, together with interest, costs, and reasonable attorney’s fees, shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fell due.  The personal obligation for delinquent assessments shall not pass to his successors in title unless expressly assumed by them.

            Section 2.  Purpose of Assessments.  The assessments levied by the Association shall be used exclusively without any part of the net earnings inuring to the private benefit of its members, to promote and sustain their social welfare and otherwise provide for their health, pleasure, recreation, safety and other nonprofitable interests by acquiring, maintaining, operating, contributing to the acquisition, maintenance, or operation of, or otherwise making available for use any one or more area entrances or entry structures, swimming pools, tennis courts, and any other recreational equipment, facilities, grounds, or structures, to provide weed and other actual or potential nuisance abatement or control, security service, domestic water supply, and other community services, to provide architectural control and secure compliance with or enforcement of applicable covenants, easements, restrictions, and similar limitations, and to undertake such other activities appropriate, convenient, or necessary to promote or sustain any such interest.

            Section 3.  Regular Assessments.  Before each fiscal year, the Board of Directors of the Association shall adopt and fix in reasonable itemized detail an annual budget of the Working Fund for the then anticipated fiscal affairs and general operations of the Association for that year, and shall levy and collect monthly assessments from each Lot on the properties which, considering the revenue derived from Regular Annual assessments on unimproved lots and other sources of income if any, shall be sufficient to fund the budget for said fiscal year.  The regular assessment with respect to all improved Lots shall be uniform in amount.  In recognition of the fact that a substantial portion of the budget for the Working Fund for maintenance will be attributable to upkeep, maintenance, and security upon improved lots and the common area surrounding said improved lots as opposed to unimproved lots, the regular assessment for each unimproved lot will be the sum of $1.00 per month until commencement of construction thereon, and after the commencement of the construction and until said lot be improved as herein defined, the regular assessment shall be $2.00 per month for each unimproved lot.  The budget and assessments shall be approved and ratified by the Directors at the annual meeting prior to any other business to be undertaken at said annual meeting.

            Section 4.  Special Assessments for Capital Improvements and Extraordinary Expenses.  In addition to the annual assessments authorized above, the Association may levy, in any assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Common Area, including fixtures and personal property related thereto or to defray in whole or in part any extraordinary general expenses of the Association 1/12 of said assessment shall be due and payable each month from the date of levy with a like sum due and payable each and every month thereafter, along with the Regular Assessment with respect to said Lot, until the said assessment shall be paid in full.

            Section 5.  Date of Commencement of Annual Assessments:  Due Dates.  The Regular annual assessments provided herein shall commence as to all unimproved Lots on the first day of the month following the conveyance of the Common Area to Sanitary and Improvement District No. 257.  The Regular annual assessments provided for herein as to all improved lots shall commence the first day of the month following the month during which the construction of a dwelling on said lot shall become at least 95% completed according to the plans and specifications for construction of said dwelling.  As provided in the By-Laws, the first Regular annual assessment shall be adjusted according to the number of months remaining in the calendar year.  The Board of Directors shall fix the amount of annual assessment against each lot at least thirty days in advance of each annual assessment period.  Written notice of the annual assessment shall be sent to every owned subject thereto.  The due dates shall be established by the Board of Directors.  The Association shall, upon demand, and for a reasonable charge, furnish a certification signed by an officer of the Association setting forth whether the assessments on a specified lot have been paid.

            Section 6.  Effect of Nonpayment of Assessments;  Remedies of the Association.  Any assessment not paid within 30 days after the due date shall bear interest from the due date at the rate of 9% per annum.  The Association may bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien against the property in the same manner as provided by law for foreclosure of mortgages.  No Owner may waive or otherwise escape liability for the assessment provided herein by non-use of the Common Area or abandonment of his Lot.

            Section 7.  Subordination of the Lien to Mortgages.  The lien of the assessments provided herein shall subordinate to the lien of any first mortgage.  Sale or transfer of any Lot shall not affect the assessment lien.  However, the sale or transfer of any Lot pursuant to mortgage foreclosure or any proceeding in lieu thereof, shall extinguish the lien of such assessments as to payments which became due prior to such sale or transfer.  No sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof.

            Section 8.  Exempt Property.  All properties dedicated to, and accepted by, a local public authority and all properties owned by a charitable or non-profit organization exempt from the assessments created herein.  However, no land or improvements devoted to dwelling use shall be exempt from said assessment.

            Section 9.  Notice and Quorum for any Action Authorized Under Sections 4 and 5.  Published notice of any meeting called for the purpose of taking any action authorized under Section 3 or 4 shall be made available to all members thru newspaper of general distribution not less than 15 days not more than 30 days in advance of the meeting.  At the first such meeting called, the presence of members entitled to cast 30 votes of all the votes of each class of membership shall constitute a quorum.  If the required quorum is not present, another meeting may be called subject to the same notice requirement and the required quorum at the subsequent meeting shall be Two Thirds (2/3) required quorum at the preceding meeting.  No such subsequent meeting shall be held more than 60 days following the preceding meeting.

 

ARTICLE V

 

ARCHITECTURAL CONTROL

 

            No building, fence wall or other structure shall be commenced, erected or maintained upon the Properties, nor shall any exterior addition to or change or alteration therein be made until the plans and specifications showing the nature, kind, shape, height, materials, exterior color scheme, and location of the same shall have been submitted to and approved in writing as to harmony of external design and location in relation to surrounding structures and topography by the Board of Directors of the Association, or by an architectural committee composed of 3 or more representatives appointed by the Board (“Committee”).  In the event said Board, or its designated Committee fails to approve or disapprove such design and location within 30 days after said plans and specifications have been submitted to it, approval will not be required and this Article will be deemed to have been fully complied with.

 

ARTICLE VI

 

GENERAL RESTRICTIONS

 

            Section 1.  Awnings.  No awnings or sun screens of any type shall be affixed to any building or structure within the properties without the written consent of the Committee.

            Section 2.  Buildings or Uses Other than for Residential Purposes.  No building or structure of any sort may ever be placed, erected or used for business, professional, trade or commercial purposes on any of the property within the properties.  Provided, however, the prohibition shall not apply:

to any building or structure that is to be used exclusively by a public utility company

in connection with the furnishing or public utility services to the properties, or

to any portion of a building used for coin-operated Laundry or dry cleaning equipment for the use of occupants of buildings in the properties, or

to any portion of a building used by Declarant, it’s licensees or assigns, for a manager’s office or a sales office, or by the Association for its offices, or

to any portion of a building leased for residential purposes for a term exceeding one year,

if written permission for such placement, erection or use under (a) or (b) above is first obtained from the Committee.  Permission of the Committee is not required for exception (c) above.

            Section 3.  Fences, etc.  No fences or enclosures of any type or nature whatsoever shall ever be constructed, erected, placed or maintained on or about any building site within the properties except such fences or enclosures as may be authorized by the Committee.  No fence shall be erected or permitted to remain in front of the minimum setback line applicable thereto.  No fence shall be permitted to the rear yard patios.  No truck, trailer, boat, equipment or machinery or cars not in daily use shall ever be parked, located or otherwise maintained on any building site, parking area or street in the properties.  Automobiles shall be parked only in designated parking areas as published by the Committee in its Rules and Regulations.  No external television or radio antenna shall hereafter be erected on or about any of the building sites or property within the properties; provided, that, with the written approval of the Committee, one or more master television antenna towers may be erected for the benefit and use of all or of a part of the residents of the properties.  No clotheslines or clothes hangers may be constructed or used unless completely concealed within enclosed patio areas.

            Section 4.  Plantings, etc.  Contemporaneously with the completion of improvements on the premises, each lot shall be sodded in all locations not improved by buildings or paving.  A minimum of 5 deciduous trees shall be implanted in the front yard of the lot.  Additionally, a minimum of seven other bushes or shrubs shall be planted upon each lot at completion of said improvements, all of which shall be planted in the front yard of the lot.  All of said sodding, trees, bushes or shrubs shall be adequately maintained upon the premises.  (This section was intended for new lots being established.  This section no longer applies after the initial establishment of the subdivision.)

            Section 5.  Livestock and Poultry Prohibited.  No animals, livestock or poultry of any kind shall be raised or kept on any building site in the properties other than household pets, which shall be limited to two per household.  All pets shall be leashed when outside of the home and patio area.  No such pet will be kept, bred or maintained for commercial purposes.

            Section 6.  Noxious Activity.  No noxious or offensive activity shall be carried on the properties, nor shall any trash, ashes or other refuse be thrown, placed, or dumped upon any vacant building site nor shall anything ever be done which may be or become an annoyance or nuisance to the neighborhood.  No motorcycles, motor carts, motor scooters, minibikes or snowmobiles (other than those permitted in Omaha City Parks) shall be permitted or used in the Common Area.

            Section 7.  Lighting.  All homes constructed on the properties shall have installed a front yard light or spotlight attached to the house or garage which will illuminate the driveway and front area of each house.  The Association created hereby shall have the authority at its discretion to hire a security guard or subcontract to a security company for employment of security guards for 24-hour security of the homes on the properties.

            Section 8.  Billboards Prohibited.  The construction, placing or maintenance of billboards, advertising boards or structures or “for sale” or “for rent” signs on any building site in the properties is expressly prohibited except that “for sale” or “for rent” signs may be erected by the owner after first obtaining the written consent of the declarant; provided, however, that the permission of Declarant shall not be required hereunder after July 1, 1978.

            Section 9.  Outbuildings Prohibited.  No outbuilding or other attached structure appurtenant to a residence may be erected on any of the building sites hereby restricted without the consent in writing from the Committee.

            Section 10.  Temporary Structure.  No trailer, basement tent, shack, garage, barn, or other outbuilding shall at any time be used for human habitation, temporary or permanently, nor shall any structure of a temporary character be used for human habitation; provided, however, nothing contained shall restrict Declarant or its assigns from locating, construction or moving a temporary real estate and/or construction office on the building site in the properties to be used during the period of the construction and sale of the properties.  Declarant or its assigns may also erect and maintain model homes for sales purposes and rental and lease purposes, and may operate such office or offices therein for so long as they deem necessary for the purposes of selling, renting or leasing the properties.

 

ARTICLE VI

 

SECTION II

EXTERIOR MAINTENANCE

 

            In the event an owner of any Lot in the Properties shall fail to maintain the premises and improvements situated thereon, in a manner satisfactory to the Board of Directors, the Association, after approval by two thirds (2/3) vote of the Board of Directors, shall have the right, through its agent and employees, to enter upon said parcel and to repair, maintain, and restore the Lot and the exterior of the buildings and any other improvements erected thereon.  The cost of such exterior maintenance shall be added to and become part of the assessment to which such Lot is subject.

 

ARTICLE VII

 

GENERAL PROVISIONS

 

            Section 1.  Enforcement.  The Association, or any Owner, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration.  Failure by the Association or by any Owner to enforce any covenants or restrictions herein contained shall in no event be deemed a waiver of the right to do so thereafter.

            Section 2.  Severability.  Invalidation of any one of these covenants or restrictions by judgement or court order shall in no way affect any other provisions which shall remain in full force and effect.

            Section 3.  Amendment.  The covenants and restrictions of this Declaration shall run with and bind the land, for the term of 20 years from the date this Declaration is recorded, after which time they shall be automatically extended for successive periods of 10 years.  This Declaration may be amended during the first 20 year period by an instrument signed by not less than 90% of Lot Owners, and thereafter by an instrument signed by not less than seventy-five per cent of the Lot Owners.  Any amendment must be recorded.

            Section 4.  Annexation.  Additional land within the area described as Rambleridge, a subdivision in Douglas County, Nebraska, as surveyed, platted and recorded, may be annexed by the Declarant or its assigns, to the properties without the consent of members of the Association within 5 years of the date of this instrument by executing and recording with the Register of Deeds of Douglas County, Nebraska, an express written Supplementary Declaration describing such property and extending to each of the lots so annexed all the conditions and other terms set out in this Declaration with only such complementary additions and modifications as may be appropriate, convenient, or necessary for accommodation of the different character of such property but not inconsistent with the residential character of Rambleridge; provided, however, that as long as there is a Class B membership, the annexation of Additional properties, the dedication of any Common Area and amendment of this Declaration of covenants, said annexation, dedication, and/or amendment may only be done upon the prior written approval of the Federal Housing Administration or the Veterans Administration.

            No witness.  Acknowledged November 6, 1973 by Edward E. Wilczewski before Linda Gail Fritz, Notary Public, with general seal, Douglas County, Nebraska.  Commission expires May 11, 1976.

            No witness.  Acknowledged November 6, 1973 by Kathleen L. Wilczewski, before Linda Gail Fritz, Notary Public, with general seal, Douglas County, Nebraska.  Commission expires May 11, 1976.

 

ARTICLE VIII

 

MEETING OF MEMBERS

 

            Section 1.  Annual Meetings.  The first annual meeting of the members shall be held on the Second Saturday of February of each year commencing with the Second Saturday of February the first year of incorporation of the Association, and each subsequent regular annual meeting of the members shall be held on the same day of the month of each year thereafter, at the hours of 2:00 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.  As of the writing of this summary of covenants, the annual meetings are held the second Monday in November of each year.

            Section 2.  Special Meetings.  Special meetings of the members may be called at any time by the President of the Association or by the Board of Directors, or upon written request of the members who are entitled to vote one-fourth (1/4) of all of the votes of the Class A membership.

            Section 3.  Notice of Meetings.  Public posted 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.  Such notice shall specify the place, day and hour of the meeting, and, in the case of a special meeting, the purpose for the meeting.

            Section 4.  Quorum.  The presence at the meeting of members entitled to cast 30 votes of each class 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 at any meeting, the members entitled to vote thereat shall have the power to adjourn the meeting from time to time, without notice other than announcement of the meeting, until a quorum as aforesaid shall be present.

            Section 5.  Proxies.  At all meetings of members, each member shall vote in person, and may not be proxied.

 

ARTICLE IX

 

BOARD OF DIRECTORS:  SELECTION:  TERM OF OFFICE

 

            Section 1.  Number.  The affairs of this Association shall be managed by a Board of nine (9) Directors, who shall be members of the Association.

            Section 2.  Term of Office.  At the first annual meeting the members shall elect three directors for a term of one year, three directors for a term of two years and three directors for a term of three years; and at each annual meeting thereafter the members shall elect three directors for a term of three years.

            Section 3.  Removal.  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 for the unexpired term of his predecessor.

            Section 4.  Compensation.  No director shall receive compensation for any service he may render to the Association.  However, any director may be reimbursed for his actual expenses incurred in the performance of his duties.

            Section 5.  Action 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 written approval of all the directors.  Any action so approved shall have the same effect as though taken at a meeting of the directors.

 

ARTICLE X

 

NOMINATION AND ELECTION OF DIRECTORS

 

            Section 1.  Nomination.  Nomination for election to the Board of Directors shall be made by a Nominating Committee.  Nomination may also be made from the floor at the 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 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 the 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 nomination may be made from among members.

            Section 2.  Election.  Election to the Board of Directors shall be by secret written ballot.  At such election the members may cast in respect to each vacancy, as many votes as they are entitled to exercise under the provision of the Declaration.  The persons receiving the largest number of votes shall be elected.  Cumulative voting is not permitted.

 

ARTICLE XI

 

MEETINGS 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, after not less than three (3) days 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 of 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 XII

 

POWERS AND DUTIES OF THE BOARD OF DIRECTORS

 

            Section 1.  Powers.  The Board of Directors shall have power to:

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;

suspend the voting rights and right to use of the recreational facilities 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.

exercise for the Association all powers, duties and authority vested in or delegated to this Association, and not reserved to the membership by other provisions of these By-Laws, the Articles of Incorporation or the Declaration;

declare the office of a member of the Board of Directors to be vacant in the event such member shall be absent from three (3) consecutive regular meetings of the Board of Directors; and

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:

cause to be kept a complete record of all its acts and corporate affairs and to present a statement thereof to the members at the annual meeting of the members and to present such statement at any special meeting when such statement is requested in writing by one-fourth (1/4) of the Resident members who are entitled to vote;

supervise all officers, agents, and employees of this Association, and to see that their duties are properly performed.

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 against each Lot 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 the due date or to bring an action at law against the owner personally obligated to pay the same.

(d)  issue or to 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 be 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 payments;

(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 deed appropriate;

(g) cause the Common Area to be maintained;

(h) cause the exterior of the dwellings subject to an assessment for exterior maintenance to be maintained.

 

ARTICLE XIII

 

OFFICERS AND THEIR DUTIES

 

      Section 1.  Enumeration of Offices.  The offices of this Association shall be a president, and a 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 annual 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, 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 with or without cause by the Board.  Any officer may resign at any time 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:

            (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 leases,

              mortgages, deeds and other written instruments and shall cosign all checks and promissory notes.

            (b). Vice President.  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.

(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 on all papers requiring said seal;  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.

(d).  Treasurer.  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 Committee appointed by the Board of Directors at the completion of each fiscal year; and shall prepare an annual budget and a statement of income and expenditures to be presented to the membership at its regular annual meeting, and make a copy of each available.

 

ARTICLE XIV

 

COMMITTEES

 

The Board of Directors shall appoint an Architectural Control Committee, as provided in the Declaration, and 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 XV

 

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 members.  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 a reasonable cost.

 

ARTICLE XVI

 

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 upon the property against which the assessment is made.  Any assessments which are not paid when due shall be delinquent.  If the assessment is not paid within thirty (30) days after the due date, the assessment shall bear interest from the date of delinquency at the rate of nine percent (9%) per annum, and the Association may bring an action at law against the Owner personally obligated to pay the same or foreclose the lien against the property, and interest, costs, and reasonable attorneys’ fees of any such action shall be added to the amount of such assessment.  No owner may waive or otherwise escape liability for the assessments provided for herein by nonuse of the Common Area or abandonment of his Lot.

ARTICLE XVII

CORPORATE SEAL

The Association shall have a seal in circular form having within its circumference the words:  Rambleridge Property Owners Association, Inc. a Nebraska Non-Profit Corporation.

ARTICLE XVIII

AMMENDMENTS

Section 1.  These By-Laws may be amended, at a regular or Special meeting of the members, by a vote of a majority of a quorum of members present except that the Federal Housing Administration or the Veterans Administration shall have the right to veto amendments while there is Declarant membership.

Section 2.  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 XX

 

MISCELLANEOUS

 

The fiscal year of the Association shall begin on the first day of January and end on the 31st day of December of every year, except that the first fiscal year shall begin on the date of incorporation of the Association.

IN WITNESS WHEREOF, we, being all of the Directors of Rambleridge Property Owners Association, Inc., have hereunto set our hands this __________ day of _________________, 1978.

 

______________________________    ____________________________

______________________________   _____________________________

______________________________   _____________________________

STATE OF NEBRASKA    )

                                     ) ss.

COUNTY OF DOUGLAS  )

           

On this                     day of                               , 1978 before me appeared to me personally known, who being by me duly sworn did say that they are the Directors of Rambleridge Property Owners Association, Inc. and that said instrument was signed and sealed in behalf of said corporation by authority of its Board of Directors and said parties acknowledged said instrument to be the free act and deed of said corporation.

                                                                        _________________________

                                                                        Notary Public

CERTIFICATE

 

I, the undersigned, do hereby certify;that I am the duly elected and acting Secretary of Rambleridge Property Owners Association, Inc., a Nebraska Not-For-Profit corporation, and THAT the foregoing By-Laws constitute the original By-Laws of said Association as duly adopted at a meeting of the Board of Directors thereof, held on the ______ day of __________________, 1978.

           

IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the seal of said Association this _______ day of _________________, 1978.

                                                                          __________________________

                                                                          Secretary

           

Note; this is a summarized document of the different covenants within Rambleridge Property Owners Association.  Please refer to the specific covenants that apply to your address for specific rules.  Specific covenants are available with the acting President of the association.