MOUNTAIN ARROW VILLAGE GREEN OWNERS ASSOCIATION
Adopted on October 19, 2012
The name of the corporation shall be Mountain Arrow Village Green Owners Association. The lot owners of the Mountain Arrow Village Green subdivision shall have the authority to adopt these by-laws at the first regular meeting called by the members.
The purpose for which the corporation is organized is the owning, improving and maintaining the common areas, storm water control facilities, and the roads known as Mountain Arrow Drive and Mountain Arrow Circle in Camden, Maine and engaging in such other activities as may be to the mutual benefit of the Members. The Association shall also be responsible for oversight and enforcement of the restrictive covenants applicable to the Mountain Arrow Village Green subdivision. In addition it has the corporate authority to own in fee said common area and/or said right of way if conveyed to it. The common areas, storm water facilities, and Mountain Arrow Drive and Mountain Arrow Circle are described on a subdivision plan entitled SUBDIVISION PLAN, MOUNTAIN ARROW VILLAGE GREEN, prepared by Gartley & Dorsky Engineering & Surveying, approved by the Town of Camden Planning Board and recorded in the Knox County Registry of Deeds in Plan Cabinet # 19, Sheet 160, and as may be amended. The corporation shall also be responsible for maintenance of all stormwater management systems.
The Members of the corporation shall be limited to persons owning real property in the form of Lots 1 to 13 in the Mountain Arrow Village Green Subdivision, or any additional subdivided lots or merged lots within said subdivision, and all owners of lots divided from the property deeded to Mountain Arrow, LLC by deed from Thirty Eight High Street, LLC, recorded in the Knox County Registry of Deeds in Book 3704, Page 152 and by deed from Virginia Hilyard and Mary Saner, recorded in said Registry in Book 3704, Page 159, including Trygve Bratz, Mountain Arrow, LLC, and Joseph D. Messler, and theirs heirs, successors or assigns, including all of the property identified as 78 Mountain Arrow Drive and 135 Mountain Arrow Drive.
The holder or owner of a security interest only, such as a mortgagee, shall not be qualified to be a Member.
The corporation shall have perpetual existence.
The affairs of the Association shall be managed by the Members or a Board of Directors. Members shall elect a President, Vice President, Secretary, Treasurer and a Roads & Grounds Commissioner annually. The duties of the officers shall be prescribed by the bylaws of the Association.
The names of the officers who are to serve until the first election under these Bylaws shall be:
Trygve Bratz President
Joseph D. Messler Secretary/Treasurer
Said officers shall serve until eight (8) lots have been sold, or until January 1, 2011, whichever occurs first, after which the officers shall call within ninety (90) days a meeting of the Members to conduct the first election.
The Association shall hold an annual meeting in October of each year to elect officers and conduct business and shall hold other meetings as necessary.
The Members may elect a Board of Directors of not less than three (3) or more than five (5) with staggered terms to conduct the affairs of the Association between annual meetings. The officers shall be ex officio directors. The minimum number of members of the decision making body shall be 50% of the directors and officers.
At all meetings and elections all Members may cast only one vote for each lot owned and all property owned by tenants in common or joint tenants may cast only one vote as a group per lot owned.
The bylaws of the corporation may be amended, altered or rescinded by two-thirds (2/3) of the Members at an annual meeting. Amendments may be proposed by any Member. The method and formula(s) for assessment of maintenance fees and dues provided under Article XIV and XV of these by-laws shall require a unanimous vote of the Members to be changed or amended.
Section 1. Officers. The officers of the Association shall be a President and a Secretary/Treasurer. They shall take office immediately after election.
Section 2. The President. The President shall be the chief executive officer of the Association, and shall perform such other duties as from time-to-time may be assigned to him by the Members. The President shall be ex officio a Member of all committees.
Section 3. The Vice President.† The Vice President shall assist the President and shall assume the duties of the President if the President is unable or unwilling to perform such duties. In addition, the Vice President shall have the authority to sign checks and oversee the accounts of the Association in the event the Treasurer is unavailable.
Section 4. The Treasurer. The Treasurer shall have the custody of all the receipts, disbursements, funds, and securities of the Association and shall perform all duties incident to the office of Treasurer and shall perform such other duties as may from time-to-time be assigned by the Members or the President.
Section 5. The Secretary. The Secretary shall keep the minutes of all the Members’ meetings and shall perform all duties incident to the office of Secretary and shall perform such other duties as may from time-to-time be assigned by the Members or the President.
Section 6. The Roads & Grounds Commissioner. The Roads & Grounds Commissioner shall be authorized to assess the maintenance and repair work needs of the Association, make recommendations to the Officers, accept bids and proposals from contractors, supervise the contractors during the period of work, and shall perform such other duties as may from time-to-time be assigned by the Members or the President.
Section 7. Registered Agent. The Members shall appoint a Registered Agent for the Association who shall serve until replaced and who need not be a Member, but who must be a Maine resident, and whose duties shall be limited to those provided by Maine law.
Meetings of Members
Section 1. Annual Meetings. There shall be an annual meeting of the Members of the Association at such place as may be designated in Camden, Maine in October of each year. Notice for such meeting shall be given three (3) weeks in advance. Members may participate in person or by telephone or live computer connection, if requested.
Section 2. Special Meetings. Special meetings of the Members shall be held whenever called by the President or by at least four (4) Members. Members shall be provided with reasonable notice of special meetings.
Section 3. Proxy. Votes may be cast in person or by written proxy, with only one vote for each residential unit or undeveloped lot owned as provided for in Article IX.
Section 4. Voting Requirements. For any voting to be valid, Members owning at least fifty-one percent (51%) of residential dwelling units or undeveloped lots, present either in person or by proxy, shall decide any question that may come before the meeting except Articles of Incorporation or Bylaw amendments.
Section 1. Qualifications. Only persons qualified to be Members under Article III shall be Members.
Section 2. Members. A Member shall have no vested right, interest, or privilege of, in, or to the assets, functions, affairs, or franchises of the Association, or any right, interest, or privilege which may be transferable or inheritable, or which shall continue after his Membership ceases, or while he is not in good standing.
Section 1. Annual Fees. The Association shall have the right and power to subject the property of its Members to an annual subdivision maintenance fee and charge.
Commencing November 1 and May 1 of the year the Association is formed, and on the same days of each year thereafter, each owner of a lot shall pay in advance the maintenance fee and charges and such payments shall be used by the Association to create and continue a Maintenance Fund to be used by the Association as hereinafter stated. Owners of developed lots shall pay 100% of the assessment; owners of undeveloped lots shall pay 50% of the assessment. The charge will be delinquent when not paid within thirty (30) days after it becomes due. For purposes of this determination, a “developed lot” shall mean a lot on which an owner has made at least a substantial start of construction of a permitted residential dwelling, including site work, driveway installation, and foundation construction.
The annual maintenance charge may be adjusted from year-to-year by the Members as the common area and road maintenance needs in its judgment may require.†
Section 2. The annual fees shall be used for improving and maintaining, within the scope as currently developed, the said common areas, road, drainage and storm water management facilities and the sight distances on the curves and intersections of the roads as provided by the Mountain Arrow Drive Maintenance Agreement and as may be determined by the majority of the Association membership. The infrastructure of said common areas will be completed by developer prior to turning property over to the Association. The annual fees shall also be used for providing liability insurance coverage for the Association, its Members, Directors, and Officers, paying the costs of any required consultants, and paying any municipal real estate taxes assessed to the Association.
The Association shall have the power and authority to enforce and collect said maintenance fees by any action including actions at law and equity, and including attachment of Members’ property. Members who are in default of their fees and dues shall also be liable to the Association for reasonable interest and late charges set in advance by the Association and for the Association’s reasonable costs of collection, including but not limited to, attorney’s fees and costs. The maintenance fees shall constitute a lien upon the land of the Members and shall run with the land owned by the Members in the Mountain Arrow Village Green subdivision.
The Association shall maintain in full force and effect a general liability insurance policy for the benefit and protection of the Association, its Directors, Officers, and Members. It shall cover all land and easements maintained and/or owned by the Association as well as personal property and all acts performed for the Association. It shall have a face amount which shall be determined from time to time by the Membership. Costs of insurance shall be a part of the maintenance fee.