Professional Documents
Culture Documents
est
1965
MEADOWVIEW
RANCH
2015 BY-LAWS
R U L E S & R E G U L AT I O N S
BY-LAWS
OF
WEBER MEADOWVIEW CORPORATION
(Amended May 31, 2014)
ARTICLE I
Section 1. The name of this corporation is WEBER MEADOWVIEW
CORPORATION.
ARTICLE II
Section 1. The principal office of the corporation shall be in Salt Lake City, Salt
Lake County, State of Utah. The corporation may also establish an office in Summit
County at or near the location of the properties of its members.
ARTICLE III
Section 1. The purposes, activities and pursuits of the corporation shall be
carried out for the non-profitable purposes stated in the Articles of Incorporation and not
for the pecuniary benefit or profit of any member, director, officer, person or group. This
shall not preclude, however, the payment of reasonable compensation for services
actually rendered to the corporation.
Section 2. No dividend shall be declared or paid by the corporation.
Section 3. No sale, mortgage or encumbrance of any kind of or upon any portion
of real estate of the corporation shall be valid or binding upon the corporation, unless
and until authorized or confirmed by a vote of a majority in amount of the stock
outstanding at a meeting of the corporation duly called to consider same.
ARTICLE IV
Directors
Section 1. The Board of Directors shall consist of seven directors. No person
shall become a member of the Board of Directors who is not also a member of the
corporation. In the event of any vacancy shall occur because of death, resignation,
incapacity to act or removal of a director, such vacancy shall be filled by vote of the
remaining members of the Board of Directors and the new director so appointed shall
hold office until the next annual meeting of the members or until his successor shall be
duly elected and shall qualify.
Section 2. The new members of the Board of Directors shall be elected at the
annual meeting of the members by a majority vote of members present at said meeting.
Four new directors are to be elected on even years and three directors are elected on odd
years at said meeting.
Section 3. The directors may hold their meetings and may have one or more
offices at such places as they may from time to time determine by resolution. The Board
of Directors may by resolution fix the time and place of its regular meetings.
Section 4. Special meetings of the Board of Directors may be called by the
president, in his absence by the Vice-president, or by a majority of the directors upon
five days advance notice to each director given either personally or by mail or by
telegram.
Section 5. The act of a majority of the directors present at any meeting at which
a quorum is present shall be the act of the Board of Directors. Any action by a majority
of the Board, although not at a regularly called meeting, and the record made thereof, if
assented to in writing by all the members of the Board , shall be as valid and effective in
all respects as if passed by the Board in a regular meeting.
Section 6. The property and the business of the corporation shall be managed by
the Board of Directors which may exercise all such powers of the corporation and do all
such lawful acts or things as are authorized by the Articles of Incorporation and the laws
of the State of Utah.
Section 7. The Board of Directors may by resolution or resolutions designate one
or more committees, each committee to consist of two or more directors of the
corporation, which to the extent provided in said resolution or resolutions, shall have and
may exercise the powers of the Board of Directors in the management of the business and
affairs of the corporation. Such committees, if appointed, shall keep regular minutes of
their proceedings and shall report the same to the Board of Directors when required.
Section 8. Directors as such shall not receive any stated salary for their services,
but by resolution on the Board of Directors, may be reimbursed for out-of-pocket
expenses incurred in the performance of corporation business and for all special services
rendered.
Section 9. Trusts or multiple-owned lots will only be allowed one vote per lot
and only one person allowed to hold office at one time.
Section 10 The Board of Directors shall have the authority to spend up to $5,000
whether in a lump sum or in a series of payments not to exceed 12 months or the balance
of cash reserves, which ever us less, on any unusual items approved by the Board. All
expenditures in excess of $5,000 (individually or in a series of related expenditures) shall
require a vote of the general membership.
ARTICLE V
Officers
Section 1. The Board of Directors shall appoint the following officers from the
Board of Directors: President, Vice-President, Secretary, and Treasurer. The office of
President and Vice-President may not be held by the same person.
Section 2. The Board may appoint additional Vice-Presidents, Assistant
Secretaries and Assistant Treasurers and such other officers and agents as it shall deem
necessary, who shall hold their offices for such terms and shall exercise such powers and
perform such duties as shall be determined from time to time by the Board.
Section 3. The salaries of all employees or agents of the corporation shall be
fixed by the Board of Directors.
Section 4. The officers of the corporation shall hold office until their successors
are chosen and qualify in their stead. Any officer elected or appointed by the Board of
Directors may be removed at any time by the affirmative vote of a majority of the Board
of Directors. If any office becomes vacant for any reason, the vacancy shall be filled by
the Board of Directors.
Section 5. The officers provide for in the Articles shall possess only such powers
and authorities as may be expressly provided in a resolution or resolutions of the Board.
Section 6. Any director or officer of the corporation may resign by delivering to
the President or Secretary his written resignation, and if not accepted within ten days
thereafter, the resignation shall take effect and the office become vacant.
The President
Section 7. The president shall be the chief administrative officer of the
corporation; he shall preside at all meetings of the members and directors, shall be exofficio a member of all standing committees, shall have general supervision of the
activities and pursuits of the corporation and shall see that all orders and resolutions of
the board are carried into effect.
Section 8. He shall, if authorized by resolution of the Board of Directors, execute
bonds, mortgages and other contracts requiring a seal, except where the signing and
execution thereof shall be expressly delegated by the Board of Directors to some other
officer or agent of the corporation.
Vice-President
Section 9. The Vice -President shall, in the absence of disability of the President,
perform the duties and exercise the powers of the President, and shall perform such other
duties as the Board of Directors shall prescribe.
Secretary
Section 10. The secretary shall attend all meetings of the Board and all meetings
of the members and record all votes and the minutes of all proceedings in a book to be
kept for that purpose, and shall perform like duties for the standing committees when
required. He shall give, or cause to be given, notice of all meetings of the members and
special meetings of the Board of Directors, and shall perform such other duties as may
be prescribed by the Board of Directors or President. He shall keep in a safe custody the
seal of the Corporation, and when authorized by the Board of Directors, affirm the name
to any instrument requiring a seal, and when so affixed, it shall be attested by his
signature or by the signature of the treasurer or assistant secretary.
Treasurer
Section 11. The Treasurer shall have the custody of the corporate funds and
securities and shall keep full and accurate accounts of receipts and disbursements in
books belonging to the corporation and shall deposit all moneys and other valuable
effects in the name and to the credit of the corporation in such depositories as may be
designated by the Board of Directors.
Section 12. He shall disburse the funds of the corporation if and as may be
ordered by the Board taking proper vouchers for such disbursements. He shall render to
the President and Directors at the regular meetings of the Board, or whenever they may
require it, an account of all his transactions as Treasurer and of the financial condition of
the Corporation. He shall prepare an annual report each year by the 31st day of March.
Section 13. Upon request of the Board, he shall give the corporation a bond in
such sum, and with such surety or sureties as shall be satisfactory to the Board, for the
faithful performance of the duties of his office, and for the restoration to the corporation,
in case of his death, resignation, retirement or removal from office, of all books,
papers, vouchers, money and other property of whatever kind in his possession or under
his control belonging to the corporation.
ARTICLE VI
Members
Dissolution
Section 1. This corporation may be dissolved in accordance with the laws of the
State o Utah in effect at the time of such dissolution.
ARTICLE VIII
General Provisions
Checks
Section 1. All checks or demands for money and notes, contracts and
conveyance shall be signed by such officers as the Board of Directors may from time to
time designate, but must be with at least two signatures.
Fiscal Year
Section 2. The fiscal year of the corporation shall be as the Board of Directors
shall determine and fix from time to time by resolution.
Seal
Section 3. The corporate seal shall have inscribed thereon the name of the
Corporation and the words "Corporate Seal, Utah."
Rules and Regulations
Section 4. The Board of Directors may adopt, amend, or repeal Rules and
Regulations, policies and guidelines and Restrictive Covenants pertaining to (1) the
operation of the corporation, (2) the use of property of the corporation by the members
and others, (3) the safety, care, cleanliness, or condition of the property of the
corporation, or of the property of the members of the corporation, (4) securing the
comfort, convenience, or safety of the members or their guests, (5) the enforcement,
by assessment, fine, or otherwise of the Rules and Regulations adopted by the Board of
Directors, (6) the type of cabin (or other) construction allowed in WEBER
MEADOWVIEW RANCH or (7) such other matters as the Board of Directors deems
necessary or appropriate. Such Rules and Regulations shall be immediately binding upon
all members of WEBER MEADOWVIEW CORPORATION, their guests and any users
of property in WEBER MEADOWVIEW RANCH, including private lots and common
areas.Any such Rules and Regulations shall not be inconsistent with the provisions of
the Articles of Incorporation.
ARTICLE IX
Amendments
These articles may be amended in any respect or new articles added therein or
changes made therein by vote in person, or by proxy, of a majority of the outstanding
shares as shown on the books of the corporation, at a meeting of the shareholders duly
called and held for that purpose. The notice of every such meeting shall be given
fourteen days prior to the date set for the meeting and shall substantially state the nature
of the proposed amendment or amendments, new article or new articles, changes or
changes. The notice herein required shall be deemed given by mailing same in the First
Class United States Mails.
ADOPTED THIS 31st DAY OF May 2014.
____________________________________________
President
____________________________________________
Secretary
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11.
No Commercial Use. All lots shall be used only for private, non-commercial,
residential use. No residence shall be purchased, constructed or used for any
commercial purposes whatsoever, including, without limitation, renting, leasing,
subleasing or other short term occupancy by parties other than non-paying guests
of the owner of such residence; the sale, rental or delivery of any commercial
service; or for any other non-residential use, without the express, prior, written
permission of the Board of Directors.
12.
13.
Maintenance of Lots. Whether or not a residence has been constructed upon a lot,
each owner shall maintain such owners lot in a clean, safe and aesthetically
pleasing manner. Such maintenance shall include, but not be limited to (1)
removal of trash, debris and dead-fall as necessary; (2) removal of both all
unregistered, unlicensed and/or inoperable vehicles or equipment of any kind and
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Breach or Violation of Restrictive Covenants. In the event that an owner shall fail
to maintain a lot in a manner consistent with the provisions of these Restrictive
Covenants, and shall not have cured or remedied such deficiency within 30 days
of issuance of a written Notice of Deficiency or Violation from the Board,
appropriate remedial action may be taken by the board of directors, including
temporary rescission or revocation of voting and participation privileges;
placement of a lien upon the property, turning off the water to the delinquent
member; or the levying of a fine. The member shall pay fees and charges
incurred by the Association in these efforts (including delinquent assessments)
before voting privileges and water are restored and liens removed. An annual
interest rate of prime plus 6%, but not less than 12% may, at the discretion of the
Board, be applied to the delinquent fees beginning after the 30 day curing period.
(Such interest charge may be waived by action of the Board in the event the late
payment was due to a members extreme financial hardship.)
_______________________________
Secretary, Weber Meadowview Ranch
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3. No hunting or shooting of fire arms. Shooting of arrows and air rifles must be used
with extreme caution In addition to legal remedies available to injured parties,
property owners shall be responsible for all damage to real or personal property or
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bodily injury as a result of the shooting of air rifles and arrows by their family
members or guests
4. Horses. Horses owned by members of WMVC may, upon application to and written
approval by WMVC Board of Directors, be allowed to graze on certain designated
pastures on WMVC common ground upon payment of the cost for such grazing, as
determined and changed from time to time by the Board of Directors. Horses are not to
be placed on pastures in the spring until forage has at least 3 weeks frost-free growth.
horses must not over-graze the pasture forage. The Board of Directors may, in its sole
discretion, determine the maximum number of horses allowed to graze on WMVC
common ground at any given time and reserves the right to refuse access to additional
horses when the maximum number of horses has been reached. Horses with riders
must maintain slow speed around cabin areas. Permission to graze horses on WMVC
common ground may be immediately and without prior notice to the member/owner
withdrawn when, in the sole discretion of the Officers of WMVC, the presence or
behavior of a particular horse or horses is a danger to the property or person or other
members of WMVR or other third persons or their property, or when the presence of
such horses on WMVC common ground poses, in the sole discretion of the WMVR
Officers, an unreasonable and escalated liability risk. Upon written notice to the
member signed by an Officer of WMVC or by legal counsel on behalf of the Officers
of WMVC, the owner of the horse shall immediately, within 24 hours of the delivery
of said notice, remove the horse from the WMVC common ground and may not return
the horse to WMVC property until written authorization is granted by the Board of
Directors.
5. Cutting of Trees. Cutting of trees should not occur except on your own deeded
property or by permission of other property owners.
6. Pets. Dogs and other pets must be accompanied and controlled by owner.
7. Keep WEBER MEADOWVIEW RANCH clean and beautiful--both your own lot
and our roads and common property as well. Pick up litter left by any unthinking
guest. Do not dump waste (ashes from fireplaces, garbage, etc.) on roads or common
property. Take it to the dumpsters or your home in the city. Do not allow builders to
dump excess concrete on the common property or roads.
8. Fences. Fences are not to be constructed to enclose private lots. Do not alter and/or
cut WEBER MEADOWVIEW RANCH boundary fences to gain access to
adjoining properties. It is unlawful trespassing.
9. Snowplowing. There will be snowplowing done to provide adequate parking areas
near the gates. Snowplowing to cabins shall be at the expense of the property owners
requesting it. Entryways to other cabins should not be blocked by piled up snow. A
base of snow of at least 6 inches must be left on the roads to avoid unnecessary erosion
whenever possible.
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l0. Irrigation of private property: With prior approval of the board, private lawns
and grass may be watered sparingly. In dry years this watering may be curtailed or
eliminated by order of the Board.
11.
12. No outside fires, fireworks and open flames should be used when the sign is
posted on the gates as determined by the Board of Directors.
13. Common property storage: common ground is not intended to and shall not be used
for storage of private property, including but not limited to boats, campers, trailers and
motor homes.
14. Hazardous Activities. Hazardous activities shall be defined, for purposes of these
Rules and Regulations, as involvement in any activity specified in Rules 2, 3 or 4
above.)". In the event a member or the members guests or family members desire to
participate in a hazardous activity within Weber Meadowview Ranch, such activity
shall not occur until such time as the person (or if a minor, the parent or legal
guardian) has signed an Acknowledgement and Acceptance of Liability Agreement,
and returned it to a member of the Board. Participation in such activities prior to the
signing of such Acknowledgement and Acceptance of Liability Agreement is strictly
prohibited and shall constitute a violation of the Bylaws and Rules and Regulations of
Weber Meadowview Ranch. Property owners or guests who do not sign their
respective agreements are prohibited from operating/participating in a "hazardous or
dangerous activity" on the WEBER MEADOWVIEW RANCH.
15. Vandalism. Vandalism and the destruction or defacement of private or common
property is strictly prohibited and those involved in such activities will be prosecuted
to the fullest extent of the law. If you see unknown individuals wandering or cruising
aimlessly around the Ranch, please do your best to identify such individuals and
report such to a member of the Board, or, if unavailable, to local authorities.
Amendments and Other Rules: The Board of Directors reserves the right to amend,
modify or repeal any of the forgoing Rules or to adopt new Rules from time to time as
the Board of Directors deems necessary or appropriate under the circumstances.
16.
No Commercial Use. All lots shall be used only for private, non-commercial,
residential use. No residence shall be purchased, constructed or used for any
commercial purposes whatsoever, including, without limitation, renting, leasing,
subleasing or other short term occupancy by parties other than non-paying guests
of the owner of such residence; the sale, rental or delivery of any commercial
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service; or for any other non-residential use, without the express, prior, written
permission of the Board of Directors.
17.
18.
19.
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Breach or Violation of Rules and Regulations. In the event that an owner shall
fail to maintain a lot in a manner consistent with the provisions of these Rules and
Regulations, and shall not have cured or remedied such deficiency within 30 days
of issuance of a written Notice of Deficiency or Violation from the Board,
appropriate remedial action may be taken by the board of directors, including
temporary rescission or revocation of voting and participation privileges,
placement of a lien upon the property, turning off the water to the delinquent
member, and/or the levying of a fine. The member shall pay fees and charges
incurred by the Association in these efforts (including delinquent assessments)
before voting privileges and water are restored and liens removed. An annual
interest rate of prime plus 6%, but not less than 12% may, at the discretion of the
Board, be applied to the delinquent fees beginning after the 30 day curing period.
(Such interest charge may be waived by action of the Board in the event the late
payment was due to a members extreme financial hardship.
_____________________________
Secretary, Weber Meadowview Corp.
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