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Walnut Creek Homeowners’ Association Bylaws
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ARTICLE I – PURPOSES
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Section 1
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| Statement of Purpose. The purpose of this Association shall be to protect and promote the best interest of the residents of Walnut Creek; to promote and strive for the improvement and betterment of all public facilities and services within said area. The term Walnut Creek shall be defined as Walnut Creek Unit #1. |
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Section 2
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| Achievement and Limitation of Purposes. This Association shall do everything and anything reasonably and lawfully necessary, proper, or suitable for the achievement of the purposes stated above. The above statement of Association purposes shall not be construed as a statement restricting or limiting in any way the general powers of this Association. |
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ARTICLE 2 – MEMBERSHIP
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Section 1
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| Definition of a Member. A member shall be defined as any person over eighteen years of age who is a member of any household owning or renting property in Walnut Creek, which household has paid its annual dues to the Association. “Member household” is any household wherein a member resides. |
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Section 2
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| Definition of an Associate member. An associate member shall be defined as any person or persons real or corporate owning a lot or lots in Walnut Creek Filing No. 1. |
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Section 3
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| Votes. Each member household shall have the right to cast two (2) votes on any matters affecting this Association at membership meetings. Any associate member shall have the right to cast two votes regardless of the number of owners or the number of lots owned. |
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Section 4
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| Dues. The annual dues of each member household of this Association shall be due and payable at the annual meeting. From time to time the membership may establish additional assessments to be paid by the members of the Association at a general meeting. Dues not paid by a member household within thirty (30) days following an annual meeting shall result in the member household being terminated from the Association membership. |
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Section 5
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| Proration of Dues. Any household purchasing property after February 1, shall be assessed at the amount of one twelfth (1/12) of the annual dues times the months remaining in the fiscal year. Proration may occur during the first (1st) year of residency in Walnut Creek. |
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Section 6
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| First Year Proration. Any new member household shall have the right to proration of its annual dues for the first (1st) year only and such dues shall be prorated as in Article 2, Section 4. |
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Section 7
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| Leased Property. When any property is leased, the lessees of such property living in Walnut Creek shall be deemed to be members of a separate member household. |
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Section 8
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| Fiscal Year. Fiscal year shall be defined as the calendar year commencing January 1. |
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ARTICLE 3 – MEETINGS
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Section 1
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| Annual membership Meetings. An annual meeting for the election of officers of the Association shall be held each January on a date to be set by the executive council. |
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Section 2
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| General Membership Meetings. General membership meetings may be held as called for by the executive council. |
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Section 3
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| Special Meetings. Special meetings of the membership or the executive council shall be called by the president whenever two (2) members of the Association deem them necessary. |
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Section 4
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| Notice of Annual, General Membership and Special Meetings. Notice of annual general membership and special meetings shall be given seven (7) days previous thereto by written notice, or five (5) days previous thereto by phone notice. |
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Section 5
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| Quorum. A quorum shall be those members present at any membership meeting of the Association. |
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Section 6
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| Executive Council. The executive council shall meet once a month at a regular time. Two-thirds (2/3) of the members of the executive council must be present to conduct business. Voting members of the council shall be the officers of the Association, a minimum of one area representative, and a minimum of one committee member. A district/area shall be defined by the executive council. The president shall not vote except in the event of a tie. Voting members who maintain dual roles shall not have more than one vote. Any action shall have the approval of more than fifty (50%) percent of the executive council members present at any executive council meeting. |
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ARTICLE 4 – OFFICERS
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Section 1
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| Number. The officers of this Association shall be four (4) in number… a President, Vice President, Secretary, Treasurer, and such non-voting assistants as may be appointed by the executive council. |
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Section 2
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| President. The president of this Association shall be the chief executive of the Association, charged with the duties of supervising all of its functions. He shall be an ex-officio member of all committees. |
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Section 3
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| Vice President. In the president’s absence or in the event of his inability to act, the vice president shall perform the duties of the president; he shall oversee the activities of the area representatives pertaining to this Association. |
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Section 4
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| Secretary. The secretary shall conduct the correspondence of the Association, issue notices of and keep the minutes of all meetings of the Association, be custodian of the records, keep roll of all members and discharge such other duties as may be assigned. |
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Section 5
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| Treasurer. The treasurer shall collect all membership dues, and shall have the care and custody of all the funds and property of this Association, which shall be disbursed by him only upon the order of the executive council or of the president. He shall submit a report for the preceding year at the annual meeting, and shall render special reports whenever requested to do so by the executive council. He shall deposit all funds in the name of the Association in such bank as may be designated by the executive council. |
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Section 6
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Term. The term of each officer shall be one (1) year; any officer may be reelected, but an officer may serve in the same office for no more than three (3) consecutive years.
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Section 7
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| Vacancy. Should any vacancy occur by death, resignation or otherwise, the same shall be filled without delay for the remainder of the year by a vote of the executive council. This appointment shall be temporary, pending confirmation by the general membership at the next membership meeting. |
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Section 8
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| Resignations. Any officer may resign his office at any time. Such resignation shall be made in writing to take effect from the time of its receipt by the executive council, unless a time be fixed in the resignation. The acceptance of the resignation shall not be required to make it effective. |
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ARTICLE 5 – COMMITTEES
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Section 1
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| Committees. Committees shall be designated and appointed by the executive council as may be required. The committees may have such terms and duties as prescribed by the executive council, and shall be responsible to the executive council. |
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Section 2
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| Committee Chairmen. Committee chairmen will be elected by the committee and shall be responsible for calling and conducting committee meetings as needed. |
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Section 3
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| Committee Secretaries. Committee secretaries shall be elected by the committee. The secretaries shall be responsible for taking the minutes at all committee meetings and submitting these minutes to the secretary of the Walnut Creek Homeowners’ Association. |
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ARTICLE 6 – AMENDMENTS
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Section 1
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| Vote Requirements. Bylaws of this Association may be amended or revised by the affirmative note of two-thirds (2/3) of the members present at the annual meeting or at any general or special meeting, provided that a notice of any such meeting contains a summary of proposed amendments. Votes by proxy shall be accepted, if submitted in person in writing to a member of the executive council prior to the meeting. |
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Section 2
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| Emergency Amendments. In the event of an emergency or if such action is required, the bylaws of this Association may be amended by a three-fourths (3/4) affirmative vote of the executive council, provided that seven (7) days notice in writing or five (5) days notice by phone of such amendments is given to every member household. Any member who objects to any bylaw amendment made pursuant to this section may appear at any subsequent executive council meeting and state his objection, which shall be stated in the minutes of the meeting. |
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ARTICLE 7 – AREA REPRESENTATIVES
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Section 1
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| Definition. An area representative shall be any member elected from a district as defined in Article 3, Section 6. |
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Section 2
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| Term. The term of an area representative shall be one (1) year; any area representative may be reelected. |
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Section 3
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| Appointment and Confirmation. Any member may be appointed to be an area representative by the vote of the executive council. This appointment shall be temporary, pending confirmation by the general membership of that area at the annual meeting. In the event of a vacancy a new area representative may be appointed by the executive council; such appointment also shall be deemed temporary, pending confirmation of that area at the next general or special meeting of the membership. |
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Section 4
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| Duties. Area representatives shall attend all executive council meetings, obtain pertinent information on all families living in their districts, take all complaints and refer them to the proper party(ies), be liaisons between the general membership and the executive council, hand out all information to the members in their districts and keep these members informed of the activities of the Association, recruit new members, collect all monies, and handle such duties as the executive council may assign. |
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Section 5
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| Resignation. Any area representative may resign from his office at any time. Such resignation shall be made in writing to take effect from the time of its receipt by the executive council, unless a time be fixed in the resignation. The acceptance of the resignation shall not be required to make it effective. |
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ARTICLE 8 – EFFECTIVE DATE
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The effective date of these bylaws shall be February 20, 1974.
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