Balgriffin Homeowners Association

Balgriffin Homeowners Association

Restrictions and Covenants

DECLARATION OF

SUBDIVISION RESTRICTIVE COVENANTS

The undersigned, (the “Declarant”) being the owner of the following described property (the “Property”):

Situated in the City of Dublin, Franklin County, and being lots
Numbered 1 through 60 in Balgriffin Section subdivision as the
same are numbered and delineated upon the recorded plant
thereof, and recorded in Plat Book 85, Pages 9 through 10,
Recorder’s Office, Franklin County, Ohio

does hereby make, declare, impose and adopt the following covenants, restrictions and limitations upon the uses of the Property in furtherance of the following purposes:

(a) The compliance with all zoning and similar governmental regulations.

(b) The promotion of health, safety and welfare of all present and future
owners and residents of the Property.

(c) The presentation, beautification and maintenance of the Property and
all structures therein.

(d) The preservation and promotion of environmental qualities.

(e) The establishment, for development of the Property, of requirements
relating to land use, architectural features and site planning.

The restrictions and covenants are hereby declared to inure to the benefits of the Declaimer, its successors and assigns, and all future owners of any lot and all others claim under or through them (“Owners”). These restrictions shall remain in force and effect until December 31, 2013. Thereafter, the restrictions shall be automatically renewed for successive ten years each unless amended or terminated as provided herein. Any or all of these restrictions may be amended in whole or in part of terminated by a written instrument executed by at least 75% of the then current Owners of record title to the Property.
The determination by a court of competent jurisdiction that any provision, covenant, restriction or limitation of use of the Property or any lot therein is invalid for any reason shall not affect the validity of any other provision hereof.
It is hereby declared that irreparable harm will result to the Declarant and other beneficiaries of these restrictive covenants by reason of violation of the provisions hereof or default in the observation thereof and therefore each beneficiary shall be entitled to relief by way of injunction, damages or specific performance to endorse the provisions of these restrictive covenants as well as any other relief available at law or in equity.




The following restrictions are hereby created, declared and established:

1. Land Use: All of the planed lots in Balgriffin Subdivision shall be used for single-
family residential purposes only. There will be no split or bi-level homes. No lot shall have a home with the same elevation or color treatment as the home on an adjacent lot on the same street. The minimum living area for ranch homes shall be 1,400 square feet and for two-story homes shall be 1,700 square feet, except for homes on lots fronting on Rings Road, which shall be 2,000 square feet for two-story homes or 1,800 square feet for ranch homes. Sidewalks and street trees will be installed to city standards. The sidewalk along the east side of Norn Street lots will be five feet in width. An eight-foot concrete bike path along the front of Rings Road lots will be installed in lieu of a sidewalk. Minimum side yards shall be 6 feet on each side for lots 75 feet in width or less, and 8 feet on each side for lots of more than 75 feet in width, measured to the closest point of the foundation. The total combined side yards shall be at least 12 feet for lots 75 feet in width or less, and at least 16 feet for lots more than 75 feet in width. Rear yards shall be 20% of lot depth (25 foot minimum) and shall not be required to exceed 50 feet in any case. Masonry fireplace foundations cannot encroach into required yards. Prefabricated fireplaces may encroach up to 24 inches. No building shall be erected, altered, placed or permitted to remain on any lot that would exceed two and one-half stories in height, and in no event shall any building be erected to a height exceeding thirty-five (35) feet from the finish grade of the building, together with necessary accessory buildings, including garage.

2. Lot Split: Except as Declarant may find necessary, no lot shall be split, divided or
subdivided for sale, resale, gift, transfer or otherwise so as to create a new lot within the subdivision.

3. Trade or Commercial Activity Barred: No Trade or commercial
activity shall be conducted upon any lot, nor shall anything be done thereon which may become an annoyance or nuisance to any of the owners of any lot in Balgriffin Subdivision, provided, however, during the initial construction sales period, the owner of any lot who is a developer or a new home builder may conduct lot and home sales activities from a trailer, garage, or other structure. Notwithstanding the foregoing, such sales office must be previously approved by Declarant.

4. Plan Approval: For the purpose of maintaining specific architectural guidelines and
standards for the development of all lots within Balgriffin Subdivision, each owner of a lot shall be required to submit one (1) set of completed building and site plans with specifications for the buildings intended to be erected thereon to the Declarant, setting forth the general arrangements of the exterior of the structure, including the color and texture of the building materials, the type and character of all windows, doors, fences, chimneys, driveways and walkways and detailing the location of the structure on the lot, including setbacks, driveway locations, garage openings, grading and drainage plan. Each owner covenants that no excavating shall be made, no building shall be erected, no fences installed, and no materials shall be stored upon the premises by said owner or his agents, heirs, successors or assigns until the Declarant shall have approved said plans and specifications in writing. If the Declarant fails within thirty (30) days after receipt of said plans and specifications, they shall be deemed to have been approved and the requirements herein fulfilled. If the Declarant disapproves said plans and specifications, the owner may revise and resubmit said plans and specifications until approval is received. Each lot owner further acknowledges that the Declarant shall not be responsible or liable to said owner or to any other owner of lots in the subdivision by reason of the exercise of its judgement in approving or disapproving plans submitted, nor shall it be liable for any expenses entailed to any lot owner in the preparation, submission, and if necessary, re-submission of proposed plans and specifications. Within the easement areas designated on the recorded plat of Balgriffin Subdivision, no structure, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation of utilities or the direction of the flow of the drainage channels or water over said easement areas. Th easement area of each lot and all surface improvements thereon shall be maintained continuously by the owner of said lot and except for those improvements for which a public authority or public utility company is responsible.


5. Building Location: No building shall be located on any lot nearer to the
lot lines than the minimum building front, rear and side lines as shown on the recorded plat. For the purpose of this covenant, eaves, steps and open porches shall not be considered as part of a building; provided, however, that this shall not be constructed to permit any portion of the building on a lot to encroach upon any other lot. No portion of any lot nearer to any street than the building setback lines shall be used for any purposes other than that of a lawn, nor shall any fence or wall of any kind, for any purpose, be erected, placed or suffered to remain on any lot nearer to any street now existing, or any hereafter created, than the front building lines of the building thereon, excepting ornamental railings, or fences not exceeding three (3) feet in height located on or adjacent to entrance platforms or steps.

6. Temporary Residence: No temporary structures, trailers and storage buildings (other
than in conjunction with construction purposes or for initial lot sales pending model home construction and in accordance with applicable City of Dublin requirements) shall be used on any lot at any time.

7. Miscellaneous Structures: No building, trailer, garage, or any other type of structure
shall be placed upon any lot for storage or other purposes without the express written consent of the Declarant, provided however, for the purpose of a sales office for the sale of lots and new homes, Declarant may permit a temporary structure during the initial construction sales period.

8. Animals: No animals, birds, insects, livestock or poultry of any kind shall be raised,
bred or kept on any lot except dogs, cats, and other household pets which are kept for domestic purposes only, and are not kept, bred or maintained for any commercial purposes. No kennels or other structure for animals or pets shall be erected or maintained on any lot.

9. Waste Disposal: No lot shall be used or maintained as a dumping ground for rubbish.
Trash, garbage or other waste shall not be kept except in sanitary containers. All equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition and removed from view from the street and abutting propertied.

10. Soils: No soil shall be removed for any commercial purpose.

11. Vehicles Not In Use: No automobile or motor driven vehicle shall be left upon any lot
for a period longer than thirty (30) days in a condition wherein it is not able to be operated upon the public highway. After such 30 day period, the vehicle shall be considered a nuisance and detrimental to the welfare of the above described real estate and shall be removed therefrom.

12. Hobbies: Hobbies or other activities which tend to detract from the aesthetic character
of the subdivision, and any improvements used in connection with such hobbies or activities shall not be permitted unless carried out or conducted within the building erected upon the lot and not viewable from either the street or adjoining properties. This restriction refers specifically but not exclusively to such activities as automobile, bicycle moped, motorboat and sailboat repair. (snowmobiles?)

13. Boat, Trailer and Vehicle Parking and Storage: No truck, trailer, boat, camper,
recreational vehicle or commercial vehicle shall be parked or stored on any lot unless it is in a garage or other vehicle enclosure out of view from the street and abutting properties; provided, however, that nothing herein shall prohibit the occasional non-recurring temporary parking of such truck, trailer, boat, camper, recreational vehicle or commercial vehicle on the premises for a period not to exceed seventy-two hours in any period of thirty (30) days or the use of a temporary trailer during the initial construction period as described in paragraph 3.


14. Garage: No dwelling may be constructed on any lot unless an enclosed garage for at
least two automobiles is also constructed thereon.

15. Signs: No signs of any kind shall be displayed to the public view on any lot, except one
temporary sign of not more than twelve (12) square feet advertising the property for sale, or rent, or signs used by the builder to advertise the property during the construction sales period. All signs not prohibited herein shall still require applicable City of Dublin authorization.

16. Antennas: Television and radio antennas, whether rooftop or ground mounted, including those of the “dish” type, shall be prohibited on the exterior of any house or lot.

17. Clothesline: No clothesline of any kind shall be permitted on any lot.

18. Mailboxes: All mailboxes shall be of the same design and specification as determined by the Declarant and requested by the Balgriffin Subdivision at the time of subdivision approval.

19. Grading and Drainage: No construction, grading or other improvements shall be made to any lot if such improvement would interfere with or otherwise alter the general grading and draining plan of the subdivision or any existing swales, floodways or other drainage configurations.

20. Fencing: Notwithstanding any other provisions hereof, no chain link or plastic fencing shall be permitted upon any portion of the lots or reserve in Balgriffin Subdivision. No fence shall be erected on any lot until the plans for such fence have been approved by Declarant pursuant to the provisions of Article 4 herein.

21. Violation: Violation or breach of any covenant or restriction herein contained shall give to Declarant, and its successors and assigns, the right to prosecute a proceeding at law or in equity against the person or persons who have violated or are attempting to violate any of these restrictions to enjoin or prevent them from so doing and/or to cause said violations to be remedied, or to recover damages for said violation or violations.

22. Homeowner’s Association: Previously hereto and as hereinafter referred
to there has been created an Ohio Corporation not for profit, the name of which is Balgriffin Subdivision. The said Association shall be charged with the responsibility to care for and maintain the areas designated as commonly owned tracts/parcels within the planned unit development and all entry and landscape features for the subdivision. Said responsibility shall include but not be limited to maintaining in an attractive manner the landscaping in the area, seeding and mowing when needed, mulching, keeping the signage and the electrical lighting involved with the signage in an attractive and operative state of repair and to do those things which in the opinion of the Association will beautify and enhance the entrance way into the subdivision. The Association shall have all the rights, powers, and duties established, invested or imposed pursuant hereto, by its Articles of Incorporation, Code of Regulations, its duly adopted rules and regulations, and the laws of the State of Ohio applicable with respect to Ohio corporations not-for-profit. Among other things, the Association shall have the power to borrow funds, pledge assets and receivables, arbitrate disputes, levy and collect assessments, maintain reserves, enter into contracts with the Declarant, or any entity related to it, and make such other actions as the trustees deem appropriate in fulfilling its other purposes.





23. ASSESSMENTS:

(1) Establishment of assessment: For the purposes of providing funds for
maintenance, repair, operation, and improvement of the area designated as commonly owned tracts/parcels, entrance-way and electrical systems, and other expenses and costs incurred by the Association, the trustees of the Association shall prior to January 1 of each year, determine an estimated budget for the following calendar year, or in the case of the first year, if only a part of a calendar year, for the remainder of that calendar year, and establish in equal annual assessment as to each lot. These assessments shall be payable in advance, annually, or in such periodic installments (monthly, quarterly, etc) and shall have such due dates, as the trustees may, at their option, without notice or demand (i) declare the entire balance of assessment immediately due and payable, (ii) charge interest on the entire unpaid balance due and payable, at the highest rate of interest then permitted by law, or at such lower rate as the trustees may from time to time determine, and (iii) charge a reasonable, uniform, late fee, as determined from time to time by the trustees. Notwithstanding the foregoing, Declarant shall pay all regular costs of operating the Association and there shall be no assessments levied upon the lots pursuant to the provisions of this term, unto on or after January 1, 1997. For the first year which assessments are levied (or a proportionate part thereof, if only a part year), said levy shall be a per lot assessment in the amount as recommended by the trustees of the Association provided that each year after the first full calendar year for which assessments are levied the annual assessment (i) shall be in the amount as recommended by the trustees, and (ii) may be increased by lot owners exercising no less than two-thirds of the voting powers of lot owners, voting in person or by proxy, at a meeting called for this purpose. Further, the trustees may fix the annual assessment at an amount so long as the same is not in excess of the amount of the previous year’s assessment.

(2) Establishment of lien: If any lot owner shall fail to pay any installment within
ten (10) days after due, the Association shall be entitled to a valid lien for that installment or the unpaid portion of that year’s assessment, if the trustees so elect, together with interest, late fees and costs, which lien shall be effective from the date that the Association certifies the lean to the Franklin County Recorder. Additionally, each such assessment together with interest, late charges and costs, shall also be the joint and several personal obligations of the Lot owners who owned the Lot at the time when the assessment fell due. The obligation for delinquent assessments, interest, late charges and costs shall not be the personal obligation of that owner or owner’s successors in title unless expressly assumed by the successors, provided, however the right of the Association to a lien against the Lot, or to foreclose any lien thereon for these delinquent assessments, interest, late charges and costs, shall not be imparted or abridged by reason of the transfer, at shall continue unaffected thereby. The lien shall be deemed subject and subordinate to any first mortgage lien filed prior to the certification of the Association’s lien to the Franklin County Recorder, or prior to the date that the Association obtains a certification of judgment against defaulting owner, whichever is the first to occur.


24. GENERAL PROVISIONS:
(1) Enforcement: Except as hereinafter provided, Declarant, Mid-States
Development Corp., each lot owner, and the Association jointly and severally, shall have the right to enforce by proceedings at law or in equity, all restrictions, conditions, covenants, reservations, and charges now or hereafter imposed by the provisions of this Declaration. Nothwistanding the foregoing in the event of any dispute between Lot owners or between the Association and any Lot owner or owners as to any matter provided for herein, other than with regard to the obligation for, levy, collections or enforcement’s of assessments (including, without limiting the generality of the foregoing, the creation, filing and enforcement of liens), the matter shall first be submitted to the Association, by its trustees or their designated representative, for arbitration in accordance with and pursuant to the arbitration laws of Ohio then in effect (presently Chapter 2711 of the Revised Code of Ohio), by a single independent arbitrator selected by the trustees.

(2) Special Assessment Lien: Each Lot owner shall comply , or cause compliance,
with all covenants, requirements, and obligations contained herein, and with all rules and regulations promulgated by the Association. Upon the failure of a Lot owner to comply with such covenants, requirements and obligations, the Association in addition to any other enforcement rights it may have hereunder, may upon action by the trustees, take whatever action they deem appropriate to cause compliance, including, but without limitations, repair, maintenance, and reconstruction activities, and the removal of improvements or any other action required to cause compliance with the covenants, requirements, and obligations contained herein. All costs incurred by the Association in causing such compliance, together with the interest at such lawful rate as the trustees may from time to time establish, shall be immediately due and payable from the Lot owner to the Association, and the Assoc. shall be entitled to a valid lien as security for the payment of such costs incurred, and interest, which lien shall be effective from the date that the Association certifies the lien to the Franklin County Recorder. Any such lien shall be deemed subject and subordinate to any first mortgage lien filed prior to the certification of the Association’s lien to the Franklin County Recorder, or prior to the date that the Assoc. obtains a certificate of judgment against such Lot owner, whichever is the first to occur.

(3) Joint and Several Obligations: Each and every obligation with respect to a Lot
hereunder shall be the joint and several personal obligation of each owner of a fee simple interest in the Lot at the time the obligation arose, and any demand, notice, hereunder or pursuant hereto or by one of such joint owners shall be deemed given, taken or received by all such joint owners.

(4) Severability: Waiver: Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions, which shall remain in full force and effect. Failure by any benefited party to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter.

(25) ACCEPTANCE: By accepting a deed to any of the above described real estate, a grantee accepts the same subject to the foregoing covenants and agrees for himself, his heirs successors and assigns to be bound by each of such covenants jointly.

IN WITNESS WHEREOF, the Declarant has hereunto executed and imposes these restrictive covenants this 25th day of September 1996.
Signed and Acknowledged in the presence of MID-STATES DEVELOPMENT CORP.
Rhonda S. Lehman By: Randall Asmo, Vice President
Jean P. Davis
State of Ohio
Franklin, County, SS:

The foregoing instrument was acknowledged before me, a Notary Public, on this 25th day of September, 1996
Rhonda S. Lehman










Code of Regulations

Of

Balgriffin Homeowner’s Association



ARTICLE I

Definition

Except as hereinafter provided, all the terms used herein shall have the same meanings as set forth in the “Declaration of Subdivision Restrictive Covenants”, “the Declaration”, and the plat of Balgriffin Section Subdivision “the Plat”, both recorded in the Franklin County, Ohio Recorder’s Office, with respect to the platted lots in Balgriffin Subdivision (“the Subdivision”), a residential subdivision in Dublin, Franklin County, Ohio

ARTICLE II

Name and Location

The name of the Association is Balgriffin Homeowner’s Association, an Ohio corporation not-for-profit. The principal office of the Association shall be as provided by the Association’s Articles of Incorporation.

ARTICLE III

Members

Section 1. Composition. Each owner of a lot including Declarant, so long as it owns a Lot, is a member of the Association.

Section 2. Privileges of Membership. Membership shall entitle the holder thereof, or its representative in the event that the member is not an individual or individuals, to all the privileges of membership, including the rights to vote and to hold office in accordance with the provisions hereof. Any person in the family of a member who lives with the member, tenants in possession of a Lot and persons in the family of a tenant in possession of a Lot who live with such tenant, but who are not themselves members, shall have all privileges of membership, except that they shall not have the right to vote or to hold office. Any person entitled to membership shall make such fact known to the Association. Until such fact is made known to the Association, the member may not vote, receive notice of meetings, nor enjoy any other privileges or benefits of membership.

Section 3. Voting Rights. The record owner of any Lot shall have one vote for each Lot owned by such owner. If more than one person or entity owns any single Lot, then the owners shall determine, among themselves who shall be entitled to exercise the single vote for each Lot. If the owners of any Lot cannot jointly agree as to which of them shall be entitled to exercise the vote attributable to that Lot, then the right to Vote shall be forfeited until such time as the owners designate which of them shall exercise such vote. Notwithstanding any provision in this Code of Regulations to the contrary, all voting power of the Association shall be exercised by Declarant until the first annual meeting of members.

Section 4. Annual Meetings. A regular annual meeting of the members shall be held in the last calendar quarter of 1996, and in the last calendar quarter of each calendar year hereafter, on a date, at an hour, and at a location in Franklin County, Ohio, established, from time to time, by the trustees.

Section 5. Special Meetings. Special meetings of the members may be called at any time by the president or by the trustees or upon written request of members entitled to exercise one-fourth (1/4) or more of the voting power of members, and shall be held on such date, hour and location, within Franklin County, as specified by the person calling the meeting.

Section 6. Notice of Meetings. Written notice of each meeting of members shall be given by, or at the direction of the person or persons authorized to call the meeting, by mailing a copy of such notice, postage prepaid, at least five 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 to the Association for the purpose of notice, or by delivering a copy of that notice at such address at least five days before the meeting. The 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 7. Quorum. The members present, in person or by proxy, at any duly called and noticed meeting of members, shall constitute a quorum for such meeting.

Section 8. Proxies. At any meeting of members a member may vote in person or by proxy. All proxies shall be in writing and filed with the secretary prior to the meeting. Every proxy shall be revocable and shall automatically cease upon conveyance by a member of his, her or its Lot.

Section 9. Voting Power. Except as otherwise provided herein, in the Articles or in the Declaration, or by law, a majority of the voting power of members voting on any matter that may be determined by the members at a duly called and noticed meeting shall be sufficient to determine that matter. The rules of Roberts Rules of Order shall apply to the conduct of all meetings of members except as otherwise specifically provided herein or in the aforesaid documents.

Section 10. Action In Writing Without Meeting. Any action that could be taken by members at a meeting may be taken without a meeting with the affirmative vote of approval, in writing or writings, of members having not less than a majority of the voting power of members.






ARTICLE IV

Board of Trustees

Section 1. Initial Trustees. The trustees shall initially be those named in the Articles, or substitutes or additional trustees selected by Declarant, who shall serve as trustees until the end of the first annual meeting of members.

Section 2. Successor Trustees. At the first annual meeting of members, the members shall elect three trustees one for a one year term, one for a two year term, and one for a three year term, each such term expiring at the end of the annual meeting held in the calendar year in which the trustee'’ term expires. At each annual meeting thereafter, the members shall elect one trustee to replace the trustee whose term then expires, for a term of three years. Nothwithstanding the foregoing, members exercising not less than a majority of the voting power of members may, from time to time, change the number and terms of trustees.

Section 3. Removal. Any trustee may be removed from the Board, with or without cause, by members exercising a majority of the voting power of members. In the event of death, resignation or removal of a trustee, that trustee’s successor shall be selected by the remaining trustees and shall serve until the next annual meeting of members, when a trustee shall be elected to complete the term of such deceased, resigned or removed trustee.

Section 4. Nominations. Nominations for the election of trustees to be elected by the members shall be made by a nominating committee. Nominations may also be made from the floor at the annual meeting. The nominating committee shall consist of a chairman, who shall be a trustee, and two or more members appointed by the trustees. The nominating committee shall make as many nominations for election as trustee as it shall, in its discretion, determine, but no less than the number of vacancies that are to be filled.

Section 5. Election. Unless the members determine otherwise, election of trustees by members shall be secret written ballot. At such elections the members or their proxies may exercise, in respect to each vacancy, such voting power, as they are entitled to exercise under the provisions hereof. The persons receiving the largest number of votes shall be elected. Cumulative voting is permitted.

Section 6. Compensation. Unless otherwise determined by the members at a meeting duly called and noticed for such purpose, no trustee shall receive compensation for any service rendered to the Association as a trustee. However, any trustee may be reimbursed for his or her actual expenses incurred in the performance of duties.

Section 7. Regular Meetings. Regular meetings of the trustees shall be held no less than semiannually, without notice, on such date and at such place and hour as may be fixed from time to time by resolution of the trustees.

Section 8. Special Meetings. Special meetings of the trustees shall be held when called by the president, or by a majority of the trustees, after not less than three days’ notice to each trustee.

Section 9. Quorum. The presence at any duly called and noticed meeting, in person or by proxy, of trustees entitled to exercise a majority of the voting power of trustees, shall constitute a quorum for such meeting.

Section 10. Voting Power. Except as otherwise provided in the Declaration or Articles or by law, vote of a majority of the trustees voting on any matter that may be determined by the trustees at a duly called an noticed meeting shall be sufficient to determine that matter.

Section 11. Action In Writing Without Meeting. Any action that could be taken by trustees at a meeting may be taken without a meeting with the affirmative vote or approval, in a writing or writings, of all of the trustees.

Section 12. Powers. The trustees shall exercise all powers and authority under law and under the provisions hereof and of the Articles and Declaration, that are not specifically and exclusively reserved to the members by law or by other provisions thereof.
The trustees shall not do any act or enter into any agreement or enter into any transaction in a manner which would violate any provision of Chapter 1702 of the Ohio Revised Code or the provisions of the Articles, the Declaration, the Plat, or this Code of Regulations, nor shall they permit the Association to carry on any activity for the profit of its members, or distribute any gains, profits, or dividends to its members.

Section 13. Duties. It shall be the duty of the trustees to:

(a) 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 members, or at any special meeting when such statement is requested in writing by members representing one-half (1/2) or more of the voting power of members.

(b) supervise all officers, agents and employees of the Association and see that their duties are properly performed;

(c) as more fully provided in the Declaration, to:

(i) fix the amount of assessments against each Lot as provided therein.

(ii) give written notice of each assessment to every member subject
thereto within the time limits set forth therein; and

(iii) foreclose the lien against any Lot for which assessments are not paid within the reasonable time after they are authorized by the Declaration to do so, or bring an action at law against the members personally obligated to pay the same, or both.
(d) issue, or to cause an appropriate officer to issue, upon demand by any person, a certificate setting froth whether or not any assessment has been paid;

(e) maintain insurance in such amount as is deemed sufficient by the trustees.

(f) cause the property subject to the Association’s scope of authority to be maintained within the scope of authority provided in the Declaration;

(g) cause the restrictions created by the Declaration and the Plat to be enforced; and

(h) take all other actions required to comply with all requirements of law, the Articles, the Declaration, and the Plat.


ARTICLE V

Officers

Section 1. Enumeration of Officers. The officers of this Association shall be a president, a secretary, a treasurer and such other officers as the trustees may from time to time determine. No officer need to be a member of the Association nor need any officer be a trustee. The same person may hold more than one office.

Section 2. Selection and Term. The officers of the Association shall be selected by the trustees, from time to time, to serve until the trustees select their successors.

Section 3. Special Appointments. The trustees 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 trustees may, from time to time, determine.

Section 4. Resignation and Removal. Any officer may be removed from office, with or without cause, by the trustees. Any officer may resign at any time by giving written notice to the trustees, 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 the acceptance of such resignation shall not be necessary to make it effective.

Section 5. Duties. The duties of the officers shall be such duties as the trustees may from time to time determine. Unless the Board otherwise determines, the duties of the officers shall be as follows:

(a) President. The president shall preside at all meetings of the trustees, shall have the authority to see that orders and resolutions of the Board are carried out, and shall sign all leases, mortgages, deeds and other written agreements.

(b) Secretary. The secretary shall record the votes and keep the minutes and
proceedings of meetings of the trustees and of the members, serve notice of meetings of the trustees and of the members, and keep appropriate current records showing the names of members of the Association, together with their addresses, and shall act in the place and stead of the president in the event of the president’s absence or refusal to act.

(c) Treasurer. The treasurer shall receive and deposit and/or invest monies of
the Association as directed by the trustees, disburse such funds as directed by resolution of the trustees, sign all checks and promissory notes of the Association, keep proper books of a count, and prepare and annual budget and a statement of income and expenditures to be presented to the members a the annual meeting, and deliver or mail a copy of each to each of the members.

ARTICLE VI

Committees

The trustees shall appoint nominating committees as provided herein, and such other committees as they deem appropriate in carrying out the Association’s purposes.

ARTICLE VII

Books and Records

The books, records and financial statements of the Association, including annual audited financial statements when such are prepared, shall be available during normal business hours or under other reasonable circumstances, upon request to the Association, for inspection by members and the holders and insurers of first mortgages on Lots. Likewise, during normal business hours or under other reasonable circumstances, the Association shall have available for inspection by members, lenders and their insurers, and prospective purchasers, current copies of the Association’s organization documents and its rules and regulations.

ARTICLE VIII

Audits
Upon written request to the Association by an institutional first mortgagee of a Lot, or its insurer, or by vote of the holders of a majority of the voting power of members, the trustees shall cause the preparation and furnishing to those requesting of an audited financial statement of the Association for the preceding fiscal year, provided that no such statement need be furnished earlier than one hundred0-twenty (120 days following the end of such fiscal year, and provided that if the same is prepared at the request of an institutional first mortgagee of a Lot, or its insurer, the same shall be prepared at the cost of the requester.
ARTICLE IX
Fiscal Year
Unless otherwise changed by the trustees, 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 this Association.

ARTICLE X
Amendments
Any modification or amendment of this Code shall be made only in the manner and subject to the approvals, terms and conditions set forth in the Articles.
INTESTIMONY WHEREOF, the undersigned, the sole member of the Association, has caused this Code to be duly adopted on or as of the 3rd day of October, 1996.
By: Mid-States Development Corp.
By: Randall Asmo Vice President



MINUTES
OF
ACTION TAKEN IN WRITING WITHOUT A MEETING
BY ALL OF THE TRUSTEES
OF
BALGRIFFIN HOMEOWNERS ASSOCIATION
September 25, 1996

The undersigned, being all of the trustees of Balgriffin Homeowner’s Association (the “Association”), do hereby take the following actions effective as of the date set forth above by this writing signed and approved by each of them in lieu of a meeting of the trustees
RESOLVED, that the attached articles of Incorporation and Appointment of Agent are hereby adopted, and Randall Asmo is directed to execute and appropriately file these documents with the appropriate governmental bodies.
This minute constitutes a complete record of all actions taken by of the trustees of the Association this date.

S. Robert Davis, Trustee
Randall Asmo, Trustee
Jean Davis, Trustee