Secand Amendnest 9 32 @ pecaranion or ronsctve 8 2° = a REGRICTIONS AND COVENANTS VR Stonegate Subdivision “This sto aimend the eiginal- Declaration of Protective Reswreions and Covenants for Stonegate Sebuihicom dated August 18, 1999. and cecoeéed in the office ofthe Canyon County Recorder Suctober 21,1999, instrument No, 9941877). I also amends the Fest Amendment, recories phe office ofthe Canyon County Recorder oa Cetober 25, 1999. (Instrument No, 9942347) “The Second Amendment i to conform all legal deseriptions ia the provions recorded dectaratons to the final plat af Stonegate Subdivision Unit No. 1. That document was recorded oe Novenbet 23, 1999 (instrument No. 9946236). The corected legal dascription shal be: Lots 1,2, &3 of Block I, Love | through 35 of Block 2, Lots through 14 of Block 3, Lots} through 15 of Block 4, Lots 36 through 45 of Block find Lot I of Block 6, Sonegete Subdivision, Canyen County, Idabo, ‘zeording to the oficial plat thereof on fle in the oficeof the County Recorder of Canyon County, State of idaho. ‘The commion aree granted to the Stonegate Subdivision Homeownecs! Association. Idaho Corporation. is Lots i0 and 16 of Block 2 at of Bleck + Lot 46 of Bock 5 Lat {oF Block 6 IN'WITNESS IWHEREOE, the undersigned owner has excouted this Amendment to the Declaration of Protective Restrictions aad Covenants on the 25th day of November, 1999. STATE OF 1 oa ) os county of Coy) ge tein ay pt Ase) tn tne yanr 19°F, before se Sasa —e vovary tn ane FoR gaid State of. a ape ered f il sty aoe enon Ge teotee pa eee Se Fence? oo pee eed Moe i armies HEREOF, & have and abisdea ey official weal the day and year in Mecleicate above written é ff} ween Woe CPL TOSNSTRUMENT NO. 9947440 BYLAWS oF STONEGATE SUBDIVISION MEOWNERS’ ASSOCIATION, INC. An Idaho Nonprofit Corporation ARTICLE I. - OFFICES Section 1. Principal Office. The in: al principal office of STONEGATE SUBDIVISION HOMEOWNERS’ ASSOCIATION, Inc., an Idaho fonprofit corporation, hereinafter referred to as Corporation shall be located at 2313 No: -oadview Place, Boise Idaho 83702 The Corporation may have such other offices as the board of Directors may designate or as the business of the Corporation may require from time to time Section 2, Registered Agent. The registered agent for t Corporation small be NEWELL £. LAVOY. The registered office for the Corporation shall be located at 2313 North Broadview Place Boise, Idano 83702 and may be changed from time 'to time by appropriate Resolution of the Board of Directors ARTICLE IZ. - MEMBERSHIP AND VOTING RIGHTS Section 1. Organization. The Corporation is organized as an ‘Idaho corporation under the Idaho Nonprofit Corporation Law The Corporation is charged with the duties and vested with the power prescribed by law and set fort ne Articles, and the Qnended Declaration of Protective Restrictions.and Covenants hereinafter referred to aration, for Stonegate Subdivi- sion, recorded at the office of the Canyon County Recorder as Tnatrument Number 9946653. Neither the Articles nor these Bylaws shail, for any reason, be amended or other wise changed so as to be inconsistent with the Declaration. In the event that there should exist any ambiguity in any provision of the Articles or the Bylaws, then such provision shall be construed, to the extent posdible, $0 that such provision shall be interpreted to be Consistent with the provisions of the Declaratio: int Section 2. Membership. Every p record Owner of a fee or undivided located within the Stonegate Subdi Record of Survey recorded in Canyon County as instrument num ber 9946236, herein as Property, shall be a Member of the Corporation. "The Property" as used in these ty as defined in the Declaratis xed into on or entity who is a interest in any Lot ‘ibed in thethe Property pursuant to the terms of the Declaration. Member. ship shall be appurtenant to and may not be separated from the fee ownership of any Lot. Ownership of such Lot shall be the sole qualification for membership, and shall be determined by the records of the Office of Assessor and Recorder for Canyon County. Idaho. Transfer of a Lot shall automatically transfer membership in the Corporation . Section 3. Members in Community Corporation. Hach record Owner shall bea Member of the Corporation and have a right to vote, except that in cases of multiple ownership of a lot, the multiple owners together shall only have one vote; one vote per lot. An Owner shall automatically be a holder of the membership appurtenant to such Owner’s Lot, and the membership shall auto- matically pass with fee simple title to the Lot. "Declarant" as used in these Bylaws refers to the Declarant named in the Decla- ration, its successors and assigns. Declarant shall hold one membership in the Corporation for each Lot owned by Declarant and shall be entitled to four (4) votes per lot. Membership in the Corporation shall not be assignable separate and apart from fee simple title to a Lot, except that the ower may assign some or all the Owner's right as epora- tion te a contract purchaser, tenant or First Mortgagee, and may arrange for such person to perform some or all of such Owner's obligations as provided in the Declaration, but no such delega- tion or assignments shall relieve an Owner from the responsibili- ty for full fulfillment of the obligations of the Owner under the Corporation documents. as an Owner and as a Member of the Co: Section 4, Suspension of Voting Rights. No member shall be eitled to vote or be counted for purpose of a quorum, unless yy are then current in the payment of assessments, whether Regular or Special, which have been levied by the Corporation Section 5. Control by Declarant. Until transfer of control of the Corporation by Declarant Members, there shall be no meeting of Members oz the Corporation, unless a meeting is called by the Declarant. The Declarant shall have all the powers authority, rights, and duties to completely manage, in accordance these Bylaws, the Corporation through a Board of Directors choosing until the transfer » including the authority to impose assessments on the owners. Declarant shall have the option, at its sole discretion, of turning over control and management of the Corporation he member prior to the transfer ef control date. Transfer of Control shall, further, be as is provided for in and subject to the Declaration. "Transfer of the Control" as used in these Bylaws shall mean the date, which occurs on the first of the following events BYLAWS OF STONEGATE SUBDIVISION HOMEOWNERS’ ASSOCIATION, INC. --- Page °