BY LAWS

PARK ESTATES

BY-LAWS OF

PARK ESTATES HOMEOWNERS ASSOCIATION

 

ARTICLE I – Membership and Dues

Section 1 – Building Site Defined

A “Building Site” shall be taken to be a lot or parcel(exclusive of streets, open recreation areas, and lands excepted, reserved, segregated, or retained in accordance with the restrictions, conditions, and covenants affecting same, filed of record with said County Recorder):

  • Designated as a building site in any instrument of original conveyance, lease or sale.
  • Of any original subdivision or partition of said property subject to the jurisdiction of the Association;
  • Of any re-subdivision of any plots or parcels of said property which re subdivision is approved by the Association and is permitted by the restrictions applicable thereto and thereby allowed to be used as a building site; or

(d)  Of any subdivision or re-subdivision of any property which hereafter becomes subject to the jurisdiction of the Association by virtue of restrictions, conditions, covenants, and/or contracts relating thereto, and by acceptance of jurisdiction by the Board of Directors of said Association.

The members of this corporation shall be all who hold legal title of record to any such building site or who, while holding a contract for the purchase of any such building site, shall reside upon the building site described in such contract. Such holding or legal title or such residence shall be the sole qualification for membership in the corporation. Contract holders shall establish their right to membership to the satisfaction of the Secretary of this corporation.

Section 2 – Qualification of Members

The following shall be qualified to be, and shall become members of this corporation:

  • Those holding legal title to or an interest in a building site in tract numbers 14673, 14674, 14675, 15545, 15836, 17908, 19845, 20000, 22718 and 22774 recorded in the office of the County Recorder of Los Angeles County, except as provided in (b) of this paragraph and provided, further, that no person or corporation taking title hereafter as security for the payment of money or performance of other obligations shall thereby become entitled to membership.

(b) Those holding a contract for the purchase of any building site, who shall reside upon the property described in such contract, in which case the holder of the legal title shall not be qualified for membership by virtue of holding the title to such building site.

(c) The owner or owners of land adjoining or adjacent to said property when such land shall have been placed under the jurisdiction of the Park Estates Architectural Board of the Park Estates Homeowners Association in accordance with the provisions of SECTION 6 of this Article.

Section 3 – Creation of Membership

  • The Acceptance by a grantee of a deed conveying to him such real property as to qualify him for membership in said Association shall ipso facto constitute such grantee a member of said Association.
  • The acceptance by a purchaser of a contract of sale covering such real property as shall qualify him for membership, together with the act of residing thereon by such purchased, shall ipso facto constitute such purchaser a member of said Association.

Section 4 – Termination of Membership

Whenever a member of said Association becomes disqualified for membership, as herein above provided, such person shall ipso facto cease to be a member of said Association; if the member holds the legal title to more than one such building site, then upon the transfer of record of the legal title to all his building sites, or, if the member does not hold the legal title to any building site, then upon such member ceasing to be the holder of a contract for the purchase of any such building site or upon his ceasing to reside upon the building site described in such contract. A member holding the legal title of record to more than one building site may transfer membership with each building site transferred and retain membership for each building site not transferred.

Section 5 – Fees and Dues of Members

No membership fee shall be charged, nor shall members be required to pay at any time any amount to carry on the business of the corporation, except to pay annually the maintenance charge or assessment, which is or may be made a lien on the respective properties of the members, and such other liens, fees and charges as are set forth, authorized or permitted in Declaration No. 1 of Establishment of Restrictions and Conditions, dated December 10, 1948 and recorded December 13, 1948 in the office of the county Recorder of the County of Los Angeles, State of California, as Document #1744, Official Records of Los Angeles County, and following pages, or any amendments thereof, or as set forth in any other Declaration of said company, its assigns or successors in interest, applicable to said property on file or hereafter filed in the office of said County Recorder.

Section 6 – Annexation of Additional Property

If at any time the owner or owners of land adjoining, adjacent or within a distance deemed reasonable by the directors hereof of any portion of said property shall agree with the directors hereof to hold, sell and convey said land subject to conditions, restrictions, covenants, reservations, liens or charges set forth in a declaration of restrictions by such owner or owners approved by the Board of Directors of this corporation and the Architectural Board, and such agreement and declaration are hereafter recorded in the office of the Recorder of the County of Los Angeles; this corporation and the Architectural Board shall have power to do and perform any and all of the acts and to fix, impose and collect charges, assessments and dues from the owners of lots in such property, on such basis, authority and power as they may have for the said property. Owners and contract holders of such additional property shall be entitled to membership in this Association with property rights and voting power upon the same basis and conditions as herein provided for owners and contract holders already under the jurisdiction of this Association and the Board of Directors of this corporation and the Architectural Board shall thenceforth have and assume the enforcement of the restrictions, conditions, covenants, reservations, liens of charges created for the benefit of the owners of building sites in said last named property, or to which said building sites may at any time be subject.

ARTICLE II – Voting Power

At all corporate meetings the voting power of the members of this corporation shall be unequal according to the following rules, to wit:

  • Except as provided in (d) of this paragraph, each member of this corporation shall have at least one vote at any meeting of the members of the corporation.
  • Except as provided in (d) of this paragraph, each member of this corporation holding legal title to more than one building site shall have the right as such member, at any meeting of the members of this corporation, to cast a number of votes equal to the total number of building sites, the title to which is held by him.
  • Except as provided in (d) of this paragraph, each member of this corporation holding legal title to more than one building site shall have the right as such member, at any meeting of the members of this corporation, to cast a number of votes equal to the total number of building sites, the title to which is held by him.
  • When legal title to a building site is vested in, or subject to a contract or agreement to convey to two or more persons in joint tenancy or otherwise, the several owners or purchasers of said building site shall collectively be entitled to one vote only therefor.

ARTICLE III – Corporate Powers

The corporate powers of this corporation shall, except as otherwise provided herein, be vested in a Board of Directors and six shall constitute a quorum for the translation of business but a smaller number may adjourn from time to time.

ARTICLE IV – The Board of Directors

Section 1 – Election of Directors

  • The initial Board of Directors shall be elected for a term to expire at the annual meeting in 1977. Nominations will be comprised of volunteer nominees from each tract. One Director will be elected from each of the ten tracts with the exception of Tract 14674 which shall have two members.
  • Thereafter the Directors shall be elected by majority vote at the annual meeting. One representative from each tract will be elected to the Board with the exception of Tract 14674 which shall have two members on the Board. Members of the Board will serve in two year staggered terms with the representatives of Tracts 14673, 14674 #1, 14675, 15545, 15836 and 17908 initially elected to a one year term and the representatives of tracts 14674 #2, 19845, 20000, 22718 and 22774 initially elected for two years. Their successors shall be elected for a term of two years. Ballots will be issued to all eligible members who are represented in person or by proxy. The Board of Directors shall be the judge of the elections and qualifications of its own members.
  • Nomination for election to the Board of Directors shall be made by a Nominating Committee. Nominations may also be made from the floor at the annual meeting. 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 the next annual meeting and such appointment shall be announced at each annual meeting. The Nominating Committee shall make as many nominations for each tract position 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.
  • Election to the Board of Directors shall be by secret written ballot. At such election the members or their proxies may cast, in respect to each vacancy in their respective tract, as many votes as they are entit1ed to exercise under the provisions of the Declaration. The persons receiving the largest number of votes in each tract shall be elected.
  • In the event that a tract does not have a nominee, that position shall be filled by appointment of a Board Member At-Large by the remaining Directors when assembled as a Board and such appointee shall hold office until the next annual meeting.

Section 2 – Vacancies in the Board of Directors

Vacancies in the Board of Directors shall be filled by the remaining Directors when assembled as a Board and such appointees shall hold office until the next Annual or Special Meeting of the members thereafter at which time an election for the unexpired portion of the term shall be held.

Section 3 – Powers of Directors

The Directors shall have the power to:

  • To call special meetings of the members whenever they deem it necessary, and they shall call a meeting at any time upon the written request of members holding the legal title of record of 20% in number of all said building sites.
  • To select from their own number a president, vice president, secretary and treasurer and to appoint and remove a building commissioner, management agency, and subject to the further provisions hereof, to adopt appropriate resolutions prescribing their duties, fixing their compensation and requiring from them security for faithful service.
  • Except as otherwise herein provided, to conduct, manage, and control the affairs and business of this corporation and to make regulations and rulings not inconsistent with the laws of the State of California, or the By-Laws of this corporation for the guidance of the officers and management thereof.
  • To determine its own rules of procedure, and compel attendance of directors.
  • To determine, levy and assess annually the maintenance charge or assessment mentioned in any Declaration of Restrictions giving it power so to do, and such other charges or fees as it may have power or jurisdiction over and to fix the rate per annum of such maintenance, charge or assessment.
  • To make all needful rules and regulations for the conduct of elections, such as appointment of nominating committee and committee for canvassing of ballots, for the prevention of fraud in elections and for the recount of the ballots in case of doubt or fraud.

Section 4 – Duties of Directors

It shall be the duty of the Directors:

  • To cause to be kept a complete record of all of their minutes and acts, and of the proceeding of the members, and present a full statement at the regular annual meeting of the members, showing in detail the assets and liabilities of the corporation, and generally the conditions of its affairs. A similar statement shall be presented at any other meeting of the members when required by persons holding of record of legal title to at least one-half of the said building sites.
  • Except as otherwise provided herein, to supervise all officers and see that their duties are properly performed, and cause certificates of membership to be issued to members of the corporation.

ARTICLE V – Meetings

Section 1 – Meetings of Members

The annual meeting of the members shall be held in the City of Long Beach, County of Los Angeles, on the 2nd Thursday of May each year, and shall be called by a notice in writing mailed to each member at his last known place of residence or business, or directed to each member at Long Beach; such notice to be deposited in the United States Post Office at Long Beach at least ten days preceding   the date of the meeting, and postage thereon must be prepaid.

Special meetings of the members shall be called in like manner after five days’ notice.

No meeting of members shall be competent to transact business unless the record holders of legal title to a majority of the said building sites be represented, except to adjourn from day to day or until such time as may be deemed proper.

At such time annual meeting of the members, Directors for the ensuing year shall be elected by secret ballot, to serve as herein provided and until their successors are elected even though there is no quorum present.

Section 2 – Meetings of Directors

Regular meetings of the Directors shall be held on the 3rd Tuesday of each month at a place designated by the Board of Directors. No notice of the regular meeting of the Board of Directors need be given. The president or any four of the Directors, may call special meetings of the Directors at any time, and notice shall be given of such called meetings by depositing in the United States Post Office at Long Beach, California a written or printed notice thereof, with the postage thereon prepaid, addressed to each Director at the last address left with the secretary, at least four days before the time of the meeting, or by serving personally such notice on each Director one day before such meeting. Such service of notice shall be entered on the minutes of the corporation and the said minutes, upon being read and approved at a subsequent meeting of the Board shall be conclusive upon the question of service.

Notice specified in this Article for the members need be given only to the members appearing as such on the books of the corporation.

All meeting of Directors and sessions of their committees shall be open to members.

ARTICLE VI – Regulations and Resolutions

The Board of Directors shall act only by the adoption of a regulation or a resolution; and all regulations and resolutions, except regulations making appropriations, shall be confined to one subject which shall be clearly expressed in the title. The regulations making appropriations shall be confined to the subject of appropriations. The final reading shall be in full, unless the regulations shall have been typed or printed and a copy thereof furnished to each member prior to such reading. The “ayes” and “noes” shall be taken upon the passage of all regulations or resolutions and entered upon the journal of the proceedings of the Board of Directors, and ever regulation or resolution shall require on final passage the affirmative vote of six (6) Directors. Provisions shall be made for publication in full of every regulation within thirty (30) days after the final passage which publication may be by posting on an official bulletin board.

ARTICLE VII – Officers

The Officers shall be a President, Vice President, Secretary, Treasurer, and Building Commissioner, which officers shall be elected by and hold office at the pleasure of the Board of Directors, except as provided herein, and an Architectural Board, as provided in these By-Laws.

ARTICLE VIII – President and Vice President

The Board of Directors shall, at their first regular meeting, elect one of their number to act as President and Vice President, Secretary and Treasurer to serve for one year and until successors are elected. Duties of officers are as follows:

President

The President shall preside at all meetings of the Board of Directors; shall see that the 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.

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.

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 other duties as required by the Board.

Treasurer

The treasurer shall receive and deposit in appropriate bank accounts all moneys of the Association and shall disburse such funds as directed by resolution of the Board of Directors; shall sign all checks and promissory notes of the Association; keep proper books of account; cause an annual audit of the Association books to be made by a public accountant at the completion of each fiscal year; and shall prepare an annual budget and a statement of income and expenditures to be represented to the membership at its regular annual meeting, and deliver a copy of each to the members.

ARTICLE IX – The Building Commissioner

Section 1

The Department of Buildings shall be in charge of a Building Commissioner named by the Board of Directors to serve at their pleasure, who shall have full, sole and final authority to approve or disapprove, except as otherwise provided in any restrictions of record as provided herein, in the name of said corporation and to issue Building Permits and Certificates of Completion and Compliance for any and all plans, specifications or construction work of any kind within the jurisdiction of said corporation, and shall inspect and superintend the construction of buildings and structures in or upon said property in accordance with the powers and rights conferred upon it by virtue of any and all restrictions or contract agreements which may at any time be placed upon or exist in connection with any of said property or any property over which this corporation shall have or accept jurisdiction.

Section 2 – Records

The Building Commissioner shall keep records of all building permits and/or other approvals or disapprovals made or issued by and in the name of this corporation and furnish certified copies of any record which the Board of Directors may authorize to be furnished and, from time to time, to issue Certificates of Completion and Compliance covering respective parcels of property with respect to which buildings, structures, and/or other improvements or changes have been made, as herein provided.

Section 3 – Permit for Association Work

The Association and every officer, board member, or employee thereof, performing any act or erecting, constructing, altering, or maintaining any building structure, improvement, work of art, etc., shall secure a Building Permit and a Certificate of Completion and Compliance and approval of the Building Commissioner and/or the Architectural Board, in the same manner as required of any private owner subject to the jurisdiction of the Association and the Architectural Board.

Section 4

No building permit shall be issued by the Building Commissioner for any building or structure or any part thereof unless and until it conforms to all the then requirements of ordinances of the county of Los Angeles, California, applicable thereto, and to the California State Housing Act, and all other State Acts and requirements as to housing and sanitation applicable to incorporated cities, and said laws and amendments thereto shall have the same force and effect as if property were all within an incorporated city of the State of California, except such modifications and variations thereto as may be adopted by regulation by the Board of Directors.

ARTICLE X

The Board of Directors shall at their determination select a management body or agency to assist in the conduct and administration of the affairs of the corporation. Duties shall be prescribed by regulation and resolution.

ARTICLE XI – Architectural Board

Section 1

The Architectural Board, appointed by said Declaration No. 1 is hereby adopted, confirmed and established as the Architectural Board of this corporation. The Architectural Board shall have full jurisdiction over all lands and property over which this Association has jurisdiction.

Section 2Approval of Works of Art

No work of art shall become the property of this Association, whether acquired by purchase, gift or otherwise, unless such work of art or a design of the same, together with a statement showing the proposed location of such work of art, shall first have been submitted to and approved in writing by the Architectural Board; nor shall any work of art until so approved be contracted for, erected, placed in or upon, or allowed to extend over or under any street, avenue, square or park.

ARTICLE XII – Financial Provisions

Section 1 – Appropriation Regulations – Temporary Appropriations: Transfers

Not later than one week after the beginning of the fiscal year, the Board of Directors shall pass an annual appropriation regulation. The total amount of appropriations shall not exceed the estimated revenues of the corporation. Before the annual appropriation regulation has been passed, the Board of Directors may make such appropriations for the current            expenses chargeable to            the appropriations of the year when passed, to an amount sufficient to cover the necessary expenses of the various departments until the annual appropriations are in force. No other liabilities shall be incurred by any officer or employee of the corporation, except in accordance with the provisions of the annual appropriation regulation or under continuing contracts and loans authorized under the provisions hereof or as otherwise provided herein. At any meeting after the passage of the appropriation regulation and after at least one week’s public notice, the Board of Directors, by affirmative vote of four members thereof, may amend such regulation, so as to authorize the transfer of unused balances appropriated for one purpose to another purpose, or to appropriate available revenues not included in the annual budget.

Section 2 – Fixing the Annual Maintenance Charges

On or about the 15th day of October, in each year the Board of Directors shall, by regulation, fix and establish the amount of the annual maintenance charge or assessment mentioned in Article I hereof, necessary to meet the appropriations made (less the estimated amount of revenue from other sources.)

Section 3 – Temporary Loans

Money may be borrowed, in anticipation of the receipts from maintenance charges or assessments during any fiscal year, by the issue of notes or certificates of indebtedness; but the aggregate amount of such loans at any time outstanding shall not exceed twenty percent (20%) of the receipts from maintenance charges or assessments during the preceding year.

Section 4 – Collection and Custody of Moneys

All charges and assessments, and fees accruing to the corporation shall be collected by officers of the department of finance. All moneys received by any officer or employee of the corporation for or in connection with the business of the corporation shall be paid promptly into the corporation treasury, and shall be deposited with such responsible banking institutions as furnish such security as the Board of Directors may determine and shall agree to pay the highest rate of interest; and all such interest shall accrue to the benefit of the corporation. The Board of Directors shall provide by regulation for the prompt and regular payment and deposit of all moneys as required by this Section; provided, however, that all funds received on account of the Architectural Board shall be kept in separate accounts subject to the respective order of said boards.

Section 5 – Contracts and Purchases

No continuing contract (which involves the payment of money out of the appropriations of more than two years) except public utility franchises shall be made for a period of more than ten years; and no such contract shall be valid without public hearing thereon.

Section 6 – Payment of Claims

Payments by the corporation shall be made by means of checks drawn in the name of the corporation, issued and signed by the treasurer and countersigned by the president. The treasurer shall examine all payrolls, bills and other claims and demands against the corporation and shall issue no payment unless he finds that the claim is in proper form, correctly computed and duly certified; that it is justly and legally due and payable; than an appropriation has been made therefor which has not been exhausted or that the payment has been otherwise legally authorized; and that there is money in the corporation treasury to make payment.            He may require any claimant to make oath as to the validity of a claim. He may investigate any claim, and for such purpose may examine witnesses under oath; and if he finds it is fraudulent, erroneous, or otherwise invalid, shall not issue payment therefor.

Section 7 – Publicity of Accounts

All accounts and the records of every office and department of the corporation shall be open to the members at all reasonable times under reasonable regulations, except records and documents from which might be secured information which might defeat the lawful purpose of the officer or department withholding them from access to the members.

ARTICLE XIII – Books and Papers

The books and such papers as may be placed on file by vote of the members of Directors shall, at all times in business hours, be subject to the inspection of the Board of Directors or of any member.

ARTICLE XIV – Transfer of Membership

Upon satisfactory evidence of such transfer of a building site the membership of the transferor shall be marked “Canceled” on the books of the corporation as to the building site transferred.

ARTICLE XV – Amendments

The By-Laws may be repealed or amended or new By-Laws may be adopted at any meeting of the members by a vote representing two-thirds (2/3) of all the said building sites owned by member, or by the Board of Directors when thereunto authorized at any meeting of the members, by a vote representing two-thirds (2/3) of all the said building sites, or by the written assent of the record holders of the legal titles to two-thirds (2/3) of all the said building sites.

ARTICLE XVI – Seal

The corporation shall have a common seal, consisting of a circle, having conveniently arranged on said seal the words, Park Estates Homeowners Association, California, Incorporated, 1976.

ARTICLE XVII

The term “person” in these By-Laws shall be deemed to include, embrace and refer to a corporation, partnership, firm or association, as well as individual human beings.