Sunrise V Phase II HOA

By-laws,CC&R's, Articals of Incorporation for Sunrise V Phase II

BY-LAWS

ARTICLE1
MEMBER STOCKHOLDERS
1. Membership in this corporation shall be limited solely to those individuals owning or purchasing under contract one or more lots within the boundaries of Sunrise Unit V, Phase 2, a sub-division as recored in the office of the County Recorder of Maricopa County, Arizona, or other Sunrise Units to be later added as subdivisions redorded in the office of the County Recorder of Maricopa County, Arizona. Any person who has disposed of all of his interest in any lot in said subdivision shall thereupon cease to be a member of this corporation.

2. One certificate shall be issued as evidence of membership to the owners of record, or contract purchasers, of each lot within the subdivision. In the event any lot is owned or is being purchased under contract by two or more persons, a single certificate shall be issued in the names of all of said owners or contract purchasers, and said owners or contract purchasers shall designate to the corporation,, in writing, the one of their number who shall have the power to vote the said certificate at any and all meeting of the members. No certificate shall be issued to any person or persons other than the owners or contract purchasers of one or more lots within the subdivision. Any member who has disposed of all of his interst in any lot within the subdivision, shall forthwith surrender his certificate evidencing membership in the corporation, and a new certificate shall be issued in the name of the individual or individuals acquiring his interest in any lot within said subdivision. Failure to surrender such certificate shall nevertheless, upon the sale by a member of his interest in any lot within said subdivision, void his certificate and all of his rights as a member of theis corpporation. Any owner owning more than one lot in said subdivision shall have issued to him, one certificate for each lot owned. Each certificate shall be intitled to one vote.

ARTICLE II
MEETINGS AND ELECTIONS
1. Annual meetings of the members shall be held as determined by the Board of Directiors on the second Tuesday in March of each year commencing with the year 2001. Special meeting may be held at such time and place and in such manner as determined by the Board of Directors.

2. Notices of the annual and any special meeting shall be mailed to the last known address of each member as the same appears on the records of the corporation at least ten(10) days prior to such meeting.

3. The President, or in his absence, a achirman appointed by the members present, shall call meetings of the members to order and shall act as chairman therof. The Secretary of the corporation shall act as Secretary at all meetings of the members. In his absence the presiding officer may appoint any person to act as Secretary. All meetings shall be conducted in accordance with Roberts Rules of Order for the conduction of stockholders meetings.

4. The presence of a majority, of those entitled to vote,, of the regular members of the corporation, either in person or by proxy shall constitute a quorum at all meetings of members.

5. If at any annual or special meeting a quorum shall fail to attend in person or by proxy, a majority of those members attending in person or by proxy at the time said meeting is called, may at the end of one hour adjourn the meeing from time to time without further notice until a quorum shall attend.,and therupon any business may be transacted which might have been transacted at the meetings as originally called had the same been then held.

6. No proxy shall be validated at any annual or special meeting unless said proxy was signed and executed within eleven (11) months of the date of said meeting, and no proxy shall be binding upon a purchaser of property from the grantor of the proxy.

7. Special meetings of the members of the corporation shall be called by the Board of Directors of the corporation upon the petition by twenty percent (20%) of the members entitled to vote at such meeting.

8. The order of business of all meeting of the members sand of the Board of Directors shall be as follows:

A. Reading of Minutes
B. Report of committees
C. Treasurer's report
D. Elections
E. General business

9. No member shall be permitted to vote at any annual or special election who is thirty (30)days or more in default in the payment of any assessment due the corporation.

ARTICLE III
BOARD OF DIRECTORS
1. The business and affairs of the corporation shall be managed and controlled by a Board of not less than three (3)or more than seven(7)Directors as provided for in the Articles of Incorporation.

2. Except for the original Directors, all Directors shall be elected at the annual meeting of the members and shall serve for a term of one year or until their successors shall have been duly elected and qualified. Only regular members of the corporation shall be elected to the Board of Directors.

3. Immediatly after each annual meeting, the newly elected Directors shall meet for the purpose of organization, the election of officers,,and the transaction of any other business. All other meeting of the Board shall be held periodically or as determined by the Board of Directors. Notice of all Directors, meetings shall be given by mail or direct contact not less than one cay before the time of meeting. A majority of the Board of Directors present shall constitute a quorum for the transaction of business. The vote of a majority of the Directors present at any meeting in favor or against any proposition shall prevail, except as herein otherwise provided.

4.In the event of a vacancy among the Directors, through death, resignation, disqualification or other cause.,the remaining Directors, by affirmative vote of a majority thereof, whether or not constituting a quorum, may elect a successor to hold office for the unexpired portion of the term of the Director whose place shall be vacant and until the election of and acceptance by his successor.

5. The Board of Directors shall provide a suitable seal containing the name of the corporation. An imprint of said seal shall be affixed to the margin hereof.

6. This corporation shall indemnify any and all of its Directors and Officers or former Directors and officers against expenses incurred by them, including legal fees, or judgments or penalties rendered or levied against any such Director or officer in a leagal action brought against any such Director or officere for actions or omissions alleged to have been committed by any such Director or officer while acting within the scope of his employment or duties a Director or officer of the corporation.

ARTICLE IV
OFFICERS
1. The executive officers of the corporation shall be a President, one or more Vice Presidents and a Secretary-Treasure, to be elected to form the members of the corporation. All officers shall be subject to removal at any time with or without cause by the affirmative vote of a majority of the whole Board. Each officer elected shall serve for the term for which he is elected or until his successor shal have been elected and qualified.

ARTICLE V
AMENDMENTS
1. These By-Laws may be amended by the Board of Diretors at any regular or special meeting called for that purpose or or by the members at any annual or special meeting of the members called for that purpose. Amendments shall not be in conflict with the provisions of the Articles of Incorporation.

ARTICLE VI
ASSESSMENTS
1. The Associatin shall own, develope, maintain, operate and otherwise regulate and manage all private roadways, streets and cul-de-sacs located within the subdivision and shall pay all real estate taxes which my be assessed againsted and levied upon any of said roadways, streets and cul-de-sacs and all premiums for public liability insurance. The Board of Directors shall further deturmine and sstablish a fair and reasonable reserve., if warranted, for repair and maintenance of said roadways, streets and cul-de-sacs. The Board of Directors shall have the power to adopt and publish rules and regulations governing the use of all roadways, steets and cul-de-sacs in the subdivision and such rules and regulations shall be binding upon the members of this corporation.

2. The Board of Directors shall assess and collect from each member of the corporation such owns as my be necessary to properly carry out the responsibilities and obligations hein imposed. Each members pro-rata share of said expenses shall be dertermined by the Board of Directors and shall be in the same ratio as one lot is to the total number of lots in said subdivision. The maximum amount which may be assessed by the Board of Directors for any of the purposes herein enumerated shall not exceed One Hunderd, Twenty Dollars ($120.00) per lot, per year, provided that the said maximum amount my be raised by a majority vote of the members, at any reuulary meeting or special meeting of the corporation called for that purpose. Past due accounts will be charged at a rate of five per cent(5%)compounding every thirty (30) days on unpaid balance.

3. Invoices for said assessments shall be submitted annually or at such other regular intervals as my be fixed by the Board of Directors. In the event any invoice as provided for herein is not paid within Thirty(30) days form the date the same is deposited in the United Sates mail, addressed to the owner or owners of a lot within the subdivision, the Board of Directors shall cause any and all necessary legal action to be instituted against such owner or owners of said lot to affect collection of same, including the filing in the office of the County Recorder of Maricopa County,, Arizona, and affidavit of non-payment of such invoice in the form of an association lien,,with a copy of sme to be posted upon the subject lot or lots:at any time thereafter, the Board of Directors may institute a foreclosure action on said lien in th manner provided by Arizona law for the foreclosure of realty mortgage.

4. Property owners are responsible for the actions of their visitiors to their residence for mis-use or abouse of the private roadway. Any repair costs incurred will be charged back to the property owner.

5. In the event any member shall fail to maintain his lot in the sub-division and the improvements located theron in a manner satisfactory to the Board of Directors, The Board of Directors, through its agent or employees, shall have the right to enter upon such lot and to restore the premises and the exterior of any improvements situation thereon, and the cost thereof shall be charged against said owner of said lot. Any such charge or assessment shall become a lien upon said lot and my be foreclosed by taking any or all of the following actions, concurrently or separately, the election of any one of the remedies hereinafter set forth, not constituting a waiver of the right to pursue any other remedy:

A. Bring an action at law against the owner personally obligated to pay the assessment;

B. Filin and affidavit in the office of the County Recorder of Maricopa County, Arizona of nonpayment of any assessment in the form of a materialmans lien and posting a copy of the same upon the lot involved;

C. Foreclose the assessment lien against the lot in accordance with the thn prevailing Arizona law relating to the foreclosure of reality mortgage (including the right to recover any deficiency), and the lot may be redeemen after foreclosure sale as provided by law. The association acting on behalf of the owners., shall have the power to bid in an interest foreclosed at foreclosure sale and to acquire and hold lease, martgage and convey the same.

Anything herinabove to the contrary notwithstanding the remedies above set forth for the Association are not exclusive, and the Association may take any and all other remedies available to it at law or in equity. The Board of Directors, however, shall first give written notice to the member of its intention to make such repair or its intention to perform such maintenance or rehavilition work and afford the member sixty (60) days' time within which to make such necessary repairs or maintenance work. If at the end of said sixty (60) day period the work to be performeed has not been done by the owner, then the Board of Directors shall have the right as set forth herein to make such maintenance, repairs or rehabilition work.

These By-laws adopted this 2nd day of August, 2000, and voted upon at the annual meeting of the Sunrise Homeowners Association, Unit V members


J.D. Campbell

CC&R's

The undersigned, woner of that certain real property situated in County of Maricopa, State of Arizona, To wit:

SUNRISE UNIT FIVE PHASE II, according to a plat therof recorded in the office of the Maricopa County recorder in Book 327 of Maps, at Page 37 hereby delares that all of the said property shall be held, sold and conveyed subject to the following easements, restrictions, covenants and conditions, which are for the purpose of protecting the value and desirability of, and which shall run with, the real property and be binding on all parties having any right, title or interest in the described properties or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner therof.

ARTICLEI
DEFINITIONS

1. "Association" shall mean and refer to the SUNRISE HOMEOWNER"S ASSOCIATION UNIT FIVE PHASE II, a non-propit corporation, which as been or will be incorporated under the laws of the State of Arizona.

2. "Board" shall mean the Board of Directors of the Association.

3. "Common Area" shall mean Tract A, as shown on the plat for Sunrise Unit Five Phase II recorded in the office f the Maricopa County Recorder, which tract has been or will be conveyed to the Association. All "Common Areas" within Sunrise Unit Five Phase II shall be owned by the Association at the time of the conveyance of the first lot within Sunrise Unit Five Phase II.

4. "Declarant" shall mean and refer to J. D. Campbell, or his scccessors and assigns, if such successors or assigns should acquire more than one undeveloped Lot from the Declarant for the purpose of development and be designated by J. C. Campbell as the Declarant for the purpose hereof by a duly recorded instrument.

5. "Dclaration" shall mean and refer to this Declaration of Covenants, Condidtions and Restrictions, as amended from time to time.

6"Lot" shall mean each parcel of real propertyshown upon the recorded plat of Sunrise Unit Five Phase II, as such may abe amended from time to time, with a separate and distinct number, exclusive of the Common Area.

7. "Owner" shall mean and refer to the record owner of equitable title in fee simple(or legal title if euitable title has merged), whether one or more persons or entities, of any Lot which is a part of Sunrise Unit Five Phase II, but excluding those having such interest merely as security for the preformance of an obligation, and futhe excluding any buyer of a new residence from Developer or Declarant until the sales escrow has closed and such buyer becomes the owner of trecord of legal title.

8.