BY-LAWS
OF
MOUNTAIN VIEW PROPERTY OWNERS ASSOCIATION
ARTICLE I
Section 1. The membership of the Association shall consist of those
persons owning lots in the Mountain View Subdivision in Sherman District, Hampshire County, West Virginia, who are subject
to the payment of the per annum Road Fee assessment per deeded tract under the terms of their purchase agreement. (note:
the Road Fee assessment was set at one hundred dollars ($100) per annum by a majority vote at the September, 2007
meeting of the Assoc.).
Section 2. Each member shall be liable to such assessments as the
protective covenants on restrictions and easements and these by-laws provide. There shall be no transfer of membership in
the Association until such assessments are paid in full to the Secretary/Treasurer of the Association.
Section 3. Voting in affairs of the Association may be in person
or by proxy, provided the proxy is executed by the lot owner and filed with the Board of Trustees before the meeting at which
the proxy is to be voted. The proxy vote may be cast by any member of the Association, as assigned by the lot owner executing
the proxy.
Section 4. In all elections, the owner(s) of each lot subject to
the annual Road Fee assessment shall have one (1) vote. A majority of the votes polled shall be requisite to determine a question.
(see article IV section 3 of these by-laws).
Section5. Upon transfer of title or sale of a lot, the prior owner’s
membership in the Association shall cease, provided the obligations and rights pertaining Road Fee assessments shall devolve
on the new owner(s).
ARTICLE II
Section 1. The OFFICERS of the Association shall consist of three (3) Trustees, who shall also constitute
the BOARD OF TRUSTEES. The members of the Association shall elect one (1) of the TRUSTEES to be CHAIRMAN of the BOARD OF TRUSTEES.
Section 2 . Only the Board of Trustees shall administer the road improvement funds, arrange for and contract
for repairs or improvements to the roads in the subdivision. In these matters each trustee shall have one (1) vote.
Section 3. The Trustees shall be members of the Association and shall attend the annual meetings of the Association,
Date, time and location of the annual meetings as per Article IV Section 1 of by-laws.
Section 4. The original Trustees appointed by Plymouth Corp. from among those owning lots in Mountain View
Subdivision; one (1) to serve a term of three (3) years; one (1) to serve a term of two (2) years, and one (1) to serve a
term of one (1) year. Thereafter the members of the Association shall elect a Trustee each year to serve a term of three (3)
years. No one may serve as a Trustee at the same time as another immediate family member is serving as Trustee.
ARTICLE III
Section 1. The Chairman of the Board of Trustees shall preside at all meetings of Association and at all meetings
of the Trustees. He shall implement and direct the execution of the policies and functions of the Association. He shall, upon
demand of five (5) members of the Association or two (2) Trustees, call a special meeting of the Association or of the Board
of Trustees, as appropriate.
Section 2. The Board of Trustees shall establish such regulations as may be necessary for the payment of the
day-to-day expenses of the Association. They shall be responsible for the initiating of a petty cash fund and the authorization
to the Secretary/Treasurer to pay such ordinary and recurring items of expenses as may be appropriate. (Note: The Road
Fee assessment was set at One Hundred Dollars ($100) per annum by a majority vote at the September, 2007 meeting of the Assoc.)
Section 3. The Board of Trustees shall elect one (1) of their member to serve as Secretary/Treasurer of the
Association, who shall be responsible for keeping accurate minutes of all meetings of the Association and the Board of Trustees
as well as all other records of the Association.
Section 4. The Board Trustees shall have custody of all monies of the Association. The Secretary/Treasurer
shall deposit same in the Association account at the First National Bank of Romney, Romney, WV and shall keep a full and complete
account of all money transactions by and on behalf of the Association. All checks or drafts on the Association’s
funds shall be signed by the Chairman of the Board of Trustees and on (1) other Trustee, except where otherwise especially
provided for by the Board of Trustees with relation to petty cash expenditures and recurring service expenses. The Secretary/Treasurer
shall exhibit a statement of the accounts of the Association for the previous year to the Association members at each annual
meeting.
ARTICLE IV
Section 1. The Secretary/Treasurer shall prepare and distribute to each Association member, ten (10) days
notice of the annual meetings of the Association. The meetings shall be held on the grounds of Mountain View Subdivision on
the second Sunday of June at 2 PM at a location designated by the Board of Trustees. (note: the date and time of the meetings
were set by a majority vote at the September, 2007 meeting)
Section 2. At the annual Association meeting, one (1) Trustee shall be nominated to serve a term
of three (3) years. . Each member may vote in person or by proxy, each lot having one (1) vote.
Section 3. At all meetings of the Association, regular or special, eight (8) votes present in person or by
proxy shall constitute a quorum, a quorum being required to conduct business.
Section 4. The Secretary/Treasurer shall, at least ten (10) days prior to each meeting of the Trustees, give
each Trustee a written notice of the meeting by mailing to them the time and place for said meeting. This notice to be directed
to each member’s address as it appears on the records of the Association.
Section 5. Nothing here-in-before set forth with reference to meetings and notices of meetings, shall preclude
the holding of a meeting pursuant to waiver and by agreement of all the members of the Board of Trustees, as case may be.
ARTICLE V
Section 1. Amendments to these BY-LAWS may be made at any annual meeting of the Association provided that:
a) The proposed amendment being offered be in writing.
b) Notice of said proposed amendment be mailed
to all members ten (10) days prior to the
meeting at which amendment shall come before the Association for a vote.
Section 2. Any amendments to the BY-LAWS must receive three-fourths (3/4’s) of the vote of the members
present or by proxy in order to be adopted.
ARTICLE VI
Section 1. Property owner(s) shall be responsible for the proper drainage of their driveway and shall maintain
it in such condition that drainage from same does not damage any collectively owned road or right-of-way. Should any such
damage occur, the property owner(s) from whose driveway the damaging drainage came, shall be responsible for repairing said
damage.
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