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Home / Articles of Inc Non-Profit / YOURLAND CONDOMINIUM ASSOCIATION ARTICLES OF INCORPORATION OF YOURLAND CONDOMINIUM ASSOCIATION ARTICLE I…

YOURLAND CONDOMINIUM ASSOCIATION ARTICLES OF INCORPORATION OF YOURLAND CONDOMINIUM ASSOCIATION ARTICLE I…

YOURLAND CONDOMINIUM
ASSOCIATION


ARTICLES OF INCORPORATION OF YOURLAND CONDOMINIUM ASSOCIATION
ARTICLE I NAME The name of the corporation is Yourland Condominium Association.
ARTICLE II DEFINED TERMS Capitalized terms used in these Articles without definition shall have the meanings specified for such terms in the Arizona Condominium Act, A.R.S. §33-1201, et seq., and the Condominium Declaration for Yourland Condominium recorded in the official records of the County Recorder of Maricopa County, Arizona, as amended from time to time. This corporation may be referred in these Articles of Incorporation as the “Corporation” or as the “Association”.
ARTICLE III KNOWN PLACE OF BUSINESS The known place of business of the Association shall be located at 2005 N. Central Avenue, Suite 100, Phoenix, AZ 85004.
ARTICLE IV STATUTORY AGENT Mariscal, Weeks, McIntyre & Friedlander, P.A., whose address is 2901 N. Central Avenue, Suite 200, Phoenix, AZ 85012 and who is a resident of the State of Arizona, is hereby appointed and designated as the initial statutory agent for the Corporation.
ARTICLE V CHARACTER OF BUSINESS The Association is organized as a nonprofit corporation under the Arizona Nonprofit Corporation Act. The character of the business which the Association intends to conduct in Arizona is to (a) constitute the Association referred to in the Declaration; (b) provide for the management, maintenance and care of the Common Elements; (c) exercise and perform such other powers and duties as are imposed on or granted to the Association under the Condominium Act and the Condominium Documents.
ARTICLE VI MEMBERSHIP AND VOTING RIGHTS The Members of the Association shall be the Unit Owners. All Unit Owners shall be mandatory members of the Association, and no Member shall have the right to resign as a member of the Association. By acquiring fee title to or otherwise becoming the Unit Owner of a Unit, a Person consents to becoming a member of the Association. Each Unit Owner shall have such rights, privileges and votes in the Association as are set forth in the Condominium Documents. The provisions of the Condominium Declaration with respect to membership in the Association and the voting rights of the Members are hereby incorporated in these Articles by reference.
ARTICLE VII BOARD OF DIRECTORS The number of directors constituting the initial Board of Directors shall be two (2). The names and address of the initial directors of the Association who shall serve as until their death, resignation or removal are as follows: Name: Daniel Wilhelm, Mailing Address: 2005 N. Central Avenue, Suite 100, Phoenix, AZ 85004; Sloane McFarland, 4404 N. Central Avenue, Space 3, Phoenix, AZ 85012. The number of directors may be changed from time to time by the Board of Directors, but the number of directors may not be less than one (1) nor more than nine (9) and must be an odd number. After the expiration of the Period of Declarant Control, the number of directors must be at least three (3). The Board of Directors shall adopt the initial Bylaws of the Association. The power to alter, amend or repeal the Bylaws is reserved to the Members except that during the Period of Declarant Control, the Declarants, without the consent of any Unit Owner, may amend the Bylaws in order to: (a) comply with the Condominium Act or any other applicable law if the amendment does not adversely affect the rights of any Unit Owner; (b) correct any error or inconsistency in the Bylaws if the amendment does not adversely affect any Unit Owner; or (c) comply with the regulations or guidelines in effect from time to time of any governmental or quasi-governmental entity or federal corporation guaranteeing or insuring mortgage loans or governing transactions involving mortgage instruments including, without limitation, the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, the Federal Housing Administration or the Veterans Administration. Any amendment to the Bylaws made by the Declarants must be approved by all Declarants which own one or more Units at the time of the amendment.
ARTICLE VIII OFFICERS The following persons shall be the initial officers of the Association and shall hold the positions opposite their name until the first annual meeting of the Association and until their death, resignation or removal or until their successors have been elected and qualified: Sloane McFarland – President; Daniel Wilhelm – Vice President; Daniel Wilhelm – Secretary; Sloane McFarland – Treasurer.
ARTICLE IX LIMITATION ON LIABILITY OF DIRECTORS The personal liability of a director of the Association to the Association or its Members for money damages for any action taken or any failure to take any action as a director is hereby eliminated to the fullest extent permitted by the Arizona Nonprofit Corporation Act, as amended from time to time. Any repeal or modification of this Article IX shall be prospective only and shall not adversely affect the personal liability of a director or prior director for any act or omission occurring prior to the effective date of such repeal or modification.
ARTICLE X DISSOLUTION The Association may be dissolved with the consent given in writing and signed by Members holding not less than eighty percent (80%) of the total votes in the Association. So long as the Declarant owns one or more Units, the Association may not be dissolved without the prior written approval of the Declarant.
ARTICLE XI AMENDMENTS These Articles may be amended by Members holding at least sixty-seven percent (67%) of the total votes in the Association, except that during the Period of Declarant Control the Declarants shall have the right to amend these Articles in order to: (a) comply with the Condominium Act or any other applicable law if the amendment does not adversely affect the rights of any Unit Owner; (b) correct any error or inconsistency in the Bylaws if the amendment does not adversely affect any Unit Owner; or (c) comply with the requirements or guidelines in effect from time to time of any governmental or quasi-governmental entity or federal corporation guaranteeing or insuring mortgage loans or governing transactions involving mortgage instruments, including, without limitation, the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, the Federal Housing Administration or the Veterans Administration. Any amendment to these Articles must be approved in writing by the Declarant so long as the Declarant owns one or more Units. Any amendment to these Articles made by the Declarants must be approved by all Declarants which own one or more Units at the time of the amendments.
ARTICLE XII INDEMNIFICATION The Association shall indemnify any person made a party to any civil suit or criminal, administrative or investigative action, other than an action by or in the right of the Association, by reason of the fact that he is or was a member, director, officer, employee or agent of the Association against expenses, including attorneys’ fees, and judgments, fines and amounts paid in settlement actually and reasonably incurred by him in connection with such action, if he acted, or failed to act, in good faith and he reasonably believed (a) in the case of conduct in an official capacity with the Association, that the conduct was in its best interest, (b) in all other cases, that the conduct was at least not opposed to its best interests and (c) in the case of any criminal action or proceeding, that he had no reasonable cause to believe the conduct was unlawful. Any indemnification of the members, directors, officers, employees or agents of the Association shall be governed by and made in accordance with the Arizona Nonprofit Corporation Act. The intent of this Article XII is to require the Association to indemnify its directors and officers to the greatest extent permitted by the Arizona Nonprofit Corporation Act. Any repeal or modification of this Article XII shall be prospective only and shall not adversely affect, defeat or limit the right of any person to indemnification for any act, or failure to act, occurring prior to the effective date of such repeal or modification prospective only and shall not adversely affect, defeat or limit the right of any person to indemnification for any act, or failure to act, occurring prior to the effective date of such repeal or modification.
ARTICLE XIII DURATION The Corporation shall exist perpetually.
ARTICLE XIV INCORPORATOR The name and address of the incorporator of this Association is: Name: Daniel Wilhelm, Address: 2005 N. Central Avenue, Suite 100, Phoenix, AZ 85004.
Dated this 21st day of December, 2010. /s/ Daniel Wilhelm. ACCEPTANCE OF APPOINTMENT AS STATUTORY AGENT. The undersigned, having been designated to act as statutory agent for this corporation, hereby accepts such appointment and agrees to act in that capacity until removal or resignation is submitted in accordance with applicable provisions of the Arizona Revised Statutes. Dated this 30th day of December, 2010. Mariscal, Weeks, McIntyre & Friedlander, P.A., By: /s/ Donald E. Dyekman.
1/28, 2/4, 2/11, 2011 editions Arizona Capitol Times

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