AMENDED AND RESTATED
NAME AND LOCATION
The name of the corporation is Neerpark, Inc., hereinafter referred to as the “Association.” The
principal office of the Association shall be located in Lancaster County, Nebraska, but meetings of
members and directors may be held at such places within the State of Nebraska as may be designated by the Board of Directors.
Section 1: “Association” shall mean and refer to Neerpark, Inc., its successors and assigns.
Section 2: “Properties” shall mean and refer to that certain real property described in the
Declaration, and such additions thereto as may hereafter be brought within the jurisdiction of the Association.
Section 3: “Common Area” shall mean all real property owned by the Association for the common use and enjoyment of the Members.
Section 4: “Lot” shall mean and refer to any plot of land shown upon any recorded subdivision map of the Properties with the exception of the Common Area.
Section 5: “Owner” shall mean and refer to the record owner, whether one or more persons or entities, of
the fee simple title to any Lot which is a part of the Properties, including contract sellers, but excluding
those having such interest merely as security for the performance of an obligation.
Section 6: “Member” shall mean and refer to those persons entitled to membership as provided in the Declaration.
Section 7: “Declaration” shall mean and refer to the Protective Covenants executed July 7, 1974, and
recorded on July 17, 1974, in the land records of Lancaster County, Nebraska as Inst. No. 74-11674, as
amended by the First Amendment of Protective Covenants dated February 10, 2003, recorded on February 28, 2003
as Int. No. 2003-19415, as the same may be further amended from time to time as therein provided.
Section 1: Membership. All Members are entitled to one (1) vote for each Lot owned.
Section 2: Annual Meetings. Annual meetings of the Members shall be held for the purpose of electing directors
and for the transaction of such other business as may come before the meeting. The annual meeting of the Members
shall be held the third Thursday of the month of October of each year at 6:00 p.m. local time. If the day for
the annual meeting of the Members is a legal holiday, the meeting will be held at the same hour on the first day
following which is not a legal holiday. If the Library venue is unavailable per the above date and time, it will be adjusted to date and time available.
Section 3: Special Meetings. Special meetings of the Members may be called at any time by the Board of Directors, the
President, or upon written request of the Members who are entitled to vote one-fourth (1/4) of all the votes.
Section 4: Notice of Meetings. Written notice of each meeting of the Members shall be given no less than ten (10) nor
more than sixty (60) calendar days before such meeting, by or at the direction of the persons authorized to call
the meeting, by (i) mailing a copy of such notice, postage prepaid, to each Member entitled to vote thereat, addressed
to the Member’s address last appearing on the books of the Association, (ii) if the Member has supplied an e-mail
address for the purpose of notice, by emailing such notice to the e-mail address supplied by such Member, or (iii)
if the Member has authorized notice by posting a copy of such notice on the Member’s door, then by posting a copy
of such notice on the Member’s door. Written notice of each meeting of the Members shall specify the place, day
and hour of the meeting, and, in the case of a special meeting, the purpose of the meeting.
Notwithstanding anything to the contrary herein, written notice of a meeting of the Members shall be
given no less than thirty (30) days nor more than sixty (60) days in advance of any meeting called for
the purpose of (i) increasing the maximum annual assessment by more than [ten percent (10%)] above the
maximum assessment for the previous year; or (ii) or levying a special assessment for the purpose of
defraying, in whole or in part, the cost of construction, reconstruction, repair or replacement of a capital improvement upon the Common Area.
Section 5: Quorum. The presence at the meeting of the Members entitled to cast, or proxies entitled to
cast, ten percent (10%) of all of the votes of the Members shall constitute a quorum for any action except
for: (i) an action to increase the maximum annual assessment by more than [ten percent (10%)] above the maximum
assessment for the previous year, in which case the presence of Members entitled to cast, or proxies entitled to
cast, [fifty percent (50%)] of all of the votes of the Members shall constitute a quorum, but if the required quorum
is not present, another meeting may be called and [twenty percent (20%)] of all of the votes of the Members shall
constitute a quorum; (ii) an action to levy a special assessment for the purpose of defraying, in whole or in
part, the cost of construction, reconstruction, repair or replacement of a capital improvement upon the Common
Area, in which case the presence of Members entitled to cast, or proxies entitled to cast, [fifty percent (50%)] of
all of the votes of the Members shall constitute a quorum, but if the required quorum is not present, another
meeting may be called and [twenty percent (20%)] of all of the votes of the Members shall constitute a
quorum; and (iii) as otherwise provided in the Articles of Incorporation or the Declaration.
Section 6: Adjournment of Meetings. If a quorum shall not be present (in person or by proxy) at any meeting of
the Members of the Association, a majority of all of the votes of the Members represented at such meeting shall
have power to adjourn the meeting from time to time, without notice other than announcement at the meeting, until a
quorum as aforesaid shall be present (in person or by proxy); provided that no such subsequent meeting shall be
held more than sixty (60) days following the adjourned meeting at which a quorum was not achieved.
Section 7: Proxies. All proxies shall be in writing and filed with the secretary. Every proxy shall be revocable
and shall automatically cease upon conveyance by the Member of his/her Lot. The proxy may be a facsimile or
other form of copy transmitted electronically. A proxy must designate that it appoints a person to vote as
such Member’s proxy. An appointment is valid for eleven months unless a different period is expressly provided
in the appointment form. No proxy shall be valid for more than three years from its date of execution.
Section 8: Voting. At all meetings of Members, each Member may vote in person, by proxy or by absentee ballot. A
majority of the votes of the Members present (in person, by proxy and absentee ballot) at any meeting of the
Members of the Association is required to adopt decisions, except for (i) an action to increase the maximum
annual assessment by more than [ten percent (10%] above the maximum assessment for the previous year, in which
case an assent of [two-thirds (2/3)] of the votes of the Members voting on such proposal is required; (ii) an
action to levy a special assessment for the purpose of defraying, in whole or in part, the cost of
construction, reconstruction, repair or replacement of a capital improvement upon the Common Area, in which
case an assent of [two-thirds (2/3)] of the votes of the Members voting on such proposal is required; and (iii) where
a greater number is required by Nebraska law, the Declaration, or these Bylaws.
When more than one person holds an interest in any Lot, all such persons shall be Members. The vote
for such Lot shall be exercised as the Owners among themselves determine, but in no event shall more than
one vote be cast with respect to any Lot. The Association has only one class of membership. The Declarant (as defined
in the Declaration) no longer owns any Lots and therefore has no voting rights. If there is more than one Owner, and
only one of the Owners is present at a meeting of the Members of the Association, the Owner present is entitled to
cast the vote for that Lot. If multiple Owners of a Lot are present, the votes allocated to that Lot may be cast
only in accordance with the agreement of a majority in interest of the multiple Owners, unless the Declaration provides
otherwise. There is majority agreement if any one of the multiple Owners casts the vote(s) allocated to that Lot
without protest being made promptly to the person presiding over the meeting by any of the other Owner(s) of the Lot.
Section 9: Absentee Voting. Unless otherwise directed by the Board for a matter other than the election of
directors, Members may vote in absentia by absentee ballot. All absentee ballot requests shall be directed to
the Secretary prior to the date of the meeting. Voting in absentia may be either by written ballot provided
by the Secretary or by an electronic message to either the President or Secretary of the Association provided
that a copy of the message that clearly contains information related to the exercise of the vote for one or more
specific agenda items if presented by the Secretary at the meeting and is included with ballots submitted at the
meeting. Members voting by absentee ballot shall not be deemed to be present for purposes of determining whether a quorum is present.
Section 10: Suspension of Voting Rights. A Member’s voting rights shall be suspended for any period during which
any assessment against the Member’s Lot(s) remains unpaid. The Board of Directors may suspend, for a period not to exceed
thirty (30) days, a Member’s voting rights for any infraction of the Association’s published rules and regulations, provided
that the Board may continue the suspension until the infraction is corrected. Members whose Assessments are more than three
months in arrears shall lose their voting rights until their Assessments are paid in full, including interest and expenses.
Section 1: Number. The affairs of this Association shall be
managed by a Board of not less than three (3) and not more than nine (9) directors elected by the Members as such number
is established by the Board of Directors from time to time. To qualify as a member of the Board of Directors a person must
be a Member, or a representative of a Member. The Board may, but is not required to, adopt a manner of representation and
qualification to serve on the Board whereby a number of directors determined by the Board represents the buildings at the
Properties, such that directors are elected by the Members who own Lots in Building in which the director is associated
for his or her Membership. The remaining directors elected will be at-large from the entire membership.
Section 2: Election of Directors. The election of directors shall take place at each annual meeting of the Members.
Section 3: Term. Except in the case of death, resignation, disqualification, or removal, directors shall
serve for a term of three (3) years and thereafter until his/her successor shall have been elected and qualified. Each
director’s term shall commence at the close of the annual meeting of the Members. The Board of Directors shall stagger
the terms of the members of the Board so that, as near as possible, one-third (1/3) of the members of the Board are
elected at each annual meeting of the Members. No director elected at-large shall serve consecutively more than two
terms. There is no limit on the number of consecutive terms that a director who is not elected at-large may
serve. An at-large director who has served two (2) consecutive terms cannot be appointed or elected to another
at-large term for at least one (1) year after his/her last consecutive at-large term has expired. For this
purpose, the term of an at-large director who is appointed to fill a vacancy may include a partial term not to
exceed one year in addition to the two consecutive terms to which the director may be elected.
Section 4: Removal. Any director elected at-large may be removed from the Board, with or without cause, by a
majority vote of all of the votes of the Members with voting rights present in person or by proxy. Any director
who is not elected at-large may be removed from the Board, with or without cause, by a majority vote of all of the
votes of the Members with voting rights of the Members eligible to elect such director.
Section 5: Vacancy. In the event of death, resignation, disqualification, or removal of a director, then
the unexpired term shall be filled for the balance of such unexpired term by appointment of a successor
director by majority vote of the then remaining directors, subject to the provisions of
Article IV, Sections 1 and 3, of these Bylaws.
Section 6: Compensation. No director shall receive compensation for any service he/she may render to the
Association in his/her capacity as director. However, any director may be reimbursed for his actual
expenses incurred in the performance of his or her duties.
Section 7: Actions Taken Without a Meeting. The directors shall have the right to take any action in the
absence of a meeting that they could take at a meeting by obtaining the written approval of all directors. The
action must be evidenced by one or more written consents describing the action taken, signed by each director, and
included in the minutes filed with the corporate records reflecting the action taken. Action taken under
this section is effective when the last director signs the consent, unless the consent specifies a different
effective date. Any action so approved shall have the same effect as though taken at a meeting of the directors.
NOMINATION AND ELECTION OF DIRECTORS
Section 1: Nomination. Nomination for election
to the Board of Directors shall be made by the Board of Directors. The Board may appoint a Nominating Committee
to assist it to selected and evaluate the qualifications of individuals to be nominated for and if elected to
serve on the Board. Nominations may also be from the floor at the annual meeting of Members. Such nominations
shall be made from among those eligible persons defined in Article IV, Sections 1 and 3 of these Bylaws. Members
who would like to be considered for the Board of Directors must have their name to the Board at least 60 days prior to the annual meeting date.
Section 2: Election. At all elections for directors, every Member shall have the right to vote in person, by
proxy or by absentee ballot. The vote for at-large directors shall be cumulative, that is, each Member may give
one candidate as many votes as the number of votes held by the Member, multiplied by the number of directors to
be elected at-large, or such cumulative total number of votes may be distributed on the same principle among as
many candidates as the Member shall see fit.
Section 3. Absentee Voting. Absentee ballots shall be provided in accordance with Article III, Section 9. If
voting by written ballot, absentee voters shall mark their ballot and place the ballot in an envelope marked
with the word "BALLOT". This envelope shall be placed in another envelope addressed to the Association with
the voters return name and address in the usual place. When the ballot is received by the Association, the
name of the voter shall be marked off of the voting list. Absentee ballots will be collected by the Secretary
and brought to the annual meeting to be opened and counted with the rest of the votes. All ballots shall be kept on file by the Association for one year.
MEETINGS OF DIRECTORS
Section1: Regular Meetings. Regular meetings of the Board of
Directors may be held without notice, at such place and hour as may be fixed from time to time by resolution of the
Board, and shall be held at least annually following each annual meeting of the Members.
Section 2: Special Meetings. Special meetings of the Board of Directors may be called by or at the request of
the President, or by any two directors in office at that time.
Section 3. Notice of Meetings. Written notice of any special meeting shall be given no less than seven (7) calendar
days before such meeting, by or at the direction of the persons authorized to call the meeting, by mailing a copy
of such notice, postage prepaid, to each director, addressed to the director’s address last appearing on the books
of the Association or the address supplied by such director for the purpose of notice, or by sending an e-mail, addressed
to the director’s e-mail address supplied by such director for the purpose of notice. The notice of each meeting of the
Board of Directors shall specify the place, day and hour of the meeting.
Section 4: Quorum. At any meetings of the directors, more than one-half (1/2) of the directors
then in office shall be necessary to constitute a quorum for the transaction of business. Every act or
decision done or made by a majority of the directors present at a duly held meeting at which a quorum is
present shall be regarded as the act of the Board. Directors may participate in a regular or special
meeting of the board or conduct the meeting through the use of any means of communication by which all
directors participating may simultaneously hear each other during the meeting. Participation by such
means shall constitute presence in person at a meeting.
Section 5: Officers of Meeting. At any meeting of the directors, the presiding officer shall be the
President, or in the absence of the President, then a Vice President. In the absence of the President
and a Vice President, then the directors present at the meeting shall appoint a chairman, who shall
preside at such meeting. The secretary of any meeting of the directors shall be the Secretary. In
the absence of the Secretary, then the directors shall appoint a secretary who shall keep the minutes of such meeting.
POWERS AND DUTIES OF THE BOARD OF DIRECTORS
Section 1: Powers.
The Board of Directors shall have the power to:
A. Adopt and publish rules and regulations governing the use and maintenance of the Common Areas in accordance with the Declaration;
B. Suspend the voting rights of a Member during any period during which such Member shall be in default in the payment
of any assessment levied by the Association;
C. Exercise for the Association all powers, duties and authority vested in or delegated to this Association and not
reserved to the membership by other provisions of these Bylaws, the Articles of Incorporation or the Declaration.
D. Declare the office of a member of the Board of Directors to be vacant in the event such director shall be absent
from three (3) consecutive regular meetings of the Board of Directors; and
E. Employ a manager, an independent contractor, or such other employees as they deem necessary and to
prescribe their duties, with the fees of the manager, contractor or employees to be paid as part of the annual assessments of the Association.
Section 2: Duties.
It shall be the duty of the Board of Directors to:
A. Cause to be kept a complete record of all of its acts and corporate affairs;
B. Supervise all agents and employees of this Association, and to see that their duties are property performed;
1. establish an annual budget for the common services being provided to the Members and the Common Areas, which
budget shall be used to establish the annual assessment to be paid by the Members;
2. fix the amount of the assessments against each Lot for each assessment period;
3. send written notice of each assessment to every Member subject thereto at least thirty (30) days prior to its
due date and, if the Board determines desirable, cause notice of such assessment to be recorded; and
4. foreclose the lien against any Lot for which assessments against such Lot are not paid within thirty (30) days
after due date and/or bring an action at law against the Member personally obligated to pay the same.
D. Issue upon request by any person, a certificate setting forth whether or not any assessment has been paid. A
reasonable charge may be made by the Board for the issuance of these certificates. If a certificate states an
assessment has been paid, such certificate shall be conclusive evidence of such payment for the benefit of reliance
by a third party, but an erroneous certificate shall not relieve a Member of the personal obligation to pay sums due;
E. Procure and maintain adequate liability and hazard insurance on property owned by the Association;
F. Cause all employees or agents having fiscal responsibilities to be bonded, as it may deem appropriate; and
G. Cause the Common Area to be maintained.
OFFICERS AND THEIR DUTIES
Section 1: Enumeration of Officers. The officers of this Association
shall be a President and Vice President, who shall, at all times be members of the Board of Directors, a Secretary, and
a Treasurer, and such other officers as the Board may, from time to time, by resolution create.
Section 2: Election of Officers. The election of officers shall take place at the annual meeting of the
Board of Directors following each annual meeting of the Members or as soon thereafter as practical under the circumstances.
Section 3: Term. Except in the case of death, resignation, disqualification, or removal, each officer shall
serve for a term of one (1) year and thereafter until his/her successor shall have been elected and qualified. Each
officer’s term shall commence at the close of the annual meeting of the Board at which he or she is elected.
Section 4: Special Appointments. The Board may elect such other officers as the affairs of the Association
may require each of whom shall hold office for such period, having such authority, and perform such duties as
the Board may, from time to time, determine.
Section 5: Resignation and Removal. Any officer may be removed from office with or without cause by the Board. Any
officer may resign at any time by giving written notice to the Board, the President or the Secretary. Such resignation
shall take effect on the date of receipt of such notice or at any later time specified therein, and unless otherwise
specified therein, the acceptance of such resignation shall not be necessary to make it effective.
Section 6: Vacancies. A vacancy in any office may be filled by appointment by the Board. The officer appointed
to such vacancy shall serve for the remainder of the term of the officer he or she replaces.
Section 7: Multiple Offices. No person shall simultaneously hold more than two offices, except in the
case of special offices created pursuant to Section 4 of this Article.
Section 8: Duties. The duties of the officers are as follows:
(a) President: The President shall preside at all meetings of the Board of Directors; shall see that orders and
resolutions of the Board are carried out; shall co-sign all promissory notes; and shall perform such other
duties as provided in these Bylaws or by the Board of Directors.
(b) Vice President: The Vice President shall act in the place and stead of the President in the event of his or
her absence, inability or refusal to act, and shall exercise and discharge such other duties as may be required of him or her by the Board.
(c) Secretary: The Secretary shall record the votes and keep the minutes of all meetings and proceedings of the Board
and of the Members; serve notice of meetings of the Board and of the Members; keep appropriate current records
showing the Members of the Association together with their addresses, and shall perform such other duties as required by the Board.
(d) Treasurer: The Treasurer shall receive and deposit in appropriate bank accounts all monies of the Association; keep proper
books of account; and shall prepare an annual budget and a statement of income and expenditures to be presented to the
membership at its regular annual meeting, and deliver a copy of each to the Members.
Section 9: Compensation. No officer shall receive compensation for any service he/she may render to the
Association in his/her capacity as an officer. Any officer may be reimbursed for actual expenses incurred in the performance of his or her duties.
WRITTEN INSTRUMENTS, LOANS, CHECKS AND DEPOSITS, MERGERS
Section 1: Written Instruments – Real Property. All
transfers, conveyances, leases, encumbrances or assignments of any real or personal property or of an
interest thereon shall be executed by the President or Vice President and attested by the Secretary or Treasurer.
Section 2: Loans. No loans shall be contracted on behalf of the Association and no evidence of
indebtedness shall be issued in its name unless authorized by resolution of the Board of Directors. Such
authority may be general or confined to specific instances. The Association may mortgage, pledge, deed
in trust, or hypothecate any or all of its real or personal property as security for money borrowed or debts incurred.
Section 3: Checks, Drafts, Etc. All checks, drafts or other orders for the payment of money, notes
or other evidence of indebtedness issued in the name of the Association shall be signed by such
agent or agents of the Association as shall be determined and authorized by resolution of the Board of Directors.
Section 4: Drafts. All corporate funds not otherwise employed shall be deposited to the credit of
the Association at such banks, savings and loans, credit unions, trust companies or other depositories as
the Board of Directors by resolution may select.
BOOKS AND RECORDS
The books, records, and papers of the Association
shall, at all times during reasonable business hours, be subject to inspection by any Member. The
Declaration, the Articles of Incorporation, and the Bylaws of the Association shall be available for
inspection by any Member at the principal office of the Association, where copies may be purchased at a reasonable cost.
Each Member is obligated to pay to the Association annual and
special assessments that are secured by a continuing lien upon the Lot against which the assessments are made. No Member
may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Area or
abandonment of the Member’s Lot. The annual assessments shall be payable in one lump sum, or in quarterly or
monthly installments. Periodic, non-annual methods of payment may be incrementally higher in the aggregate than
the lump sum amount to account for the time value of money and additional handling and bookkeeping expenses that
may be incurred by the Association.
Assessments that are not paid when due shall be delinquent. If the assessment or other such sums are
not paid within thirty (30) days after the due date, the assessment shall bear interest at the rate
of fifteen percent (15%) from the date of delinquency, and late fees in an amount that may be established
by the Board from time to time, and the Association may bring an action at law against the Owner personally
obligated to pay the same or foreclose the lien against the Lot, and interest, late fees, filing fees
costs, and reasonable attorney's fees of any such action shall be added to the amount of such assessment and amount due from the Owner.
Except in relation to matters as to which any such person
shall be adjudged in such action, suit or proceeding to be liable for willful negligence or gross misconduct in
the performance of duties to the Association, the Association shall indemnify any person who was or is a party or
who is threatened to be made a party to any threatened, pending or completed action, suit or proceeding, whether
civil or criminal, administrative or investigative, whether by reason of the fact that such person is or was a
director, officer, employee or agent of the Association or is or was serving at the request of the Association
as a director, officer, employee or agent of the Association or is or was serving at the request of the Association
as a director, officer, employee or agent of another corporation, partnership, joint venture, trust or other
enterprise, and whether such action is by or in the right of the Association or otherwise. The indemnification
by the Association, as herein provided, shall extend to all expenses, including, but not limited to, attorneys’
fees, judgments, fines and amounts paid in settlement actually and reasonably incurred by such person in connection
with such action, suit or proceeding, and to the fullest extent permitted by law. Such indemnification rights shall
apply to the heirs, executors and administrators of such persons entitled to indemnification and shall be in
addition to any other rights to which those indemnified may be entitled under any law, agreement, other
provision in these Bylaws, vote of the Members, or otherwise.
The Association shall use its reasonable best efforts to purchase and maintain insurance on behalf of any
individual who is or was a director, officer, or employee of the Association, or who, while a
director, officer, or employee of the Association, is or was serving at the request of the Association
as a director, officer, partner, trustee, or employee of another corporation, partnership, joint
venture, trust, employee benefit plan, or other enterprise, against liability asserted against or
incurred by him or her in that capacity or arising from his or her status as a director, officer, or
employee, whether or not the Association would have power to indemnify the person against the same liability
under this Article of these Bylaws.
Section 1. Any person who desires to solicit the vote or approval
of any matter from the Members of the Association, which matter may properly come before any regular or special
meeting of the Members, shall comply with the following provisions. The Board shall refuse to include on the
meeting agenda any item solicited door-to-door or by mail-in voting procedures which fails to comply with these
procedures unless inclusion on an agenda is required by applicable law or is approved by a two-thirds vote of the Board.
Section 2. Prior to commencing a campaign which involves any door-to-door or mail-in solicitation of the
Members, the solicitors shall submit a written notice to the Board. Unless a lesser number is approved by
an officer, the solicitors shall submit ten (10) copies of the notice and all attachments. The notice
shall contain the following information:
(a) Identity of Solicitors. The name(s) and address(es) of the individual(s) who will conduct
the solicitation, and whether they are Members of the Association.
(b) Description. A description of the matter being solicited in reasonable detail to permit the
Board to ascertain the effect of the matter on the affairs of the Association.
(c) Term. The term of the campaign, which shall be no longer than sixty (60) days after the date
that the notice is delivered to the Board; provided, that upon application and reasonable cause
demonstrated to the Board’s satisfaction, the Board may extend this period for an additional
period upon written application by the solicitor.
(d) Corporate Organization. If the matter involves an amendment of the Articles of Incorporation
or By-Laws of the Association, the notice shall include the text of the proposed amendment.
(e) Amendment of Declaration. If the solicitation involves an amendment to the Declaration, the notice
shall include a copy of the instrument which is proposed to be executed by the Members.
(f) Proxy Solicitation. If a Member’s proxy is being solicited, the notice shall include a copy of the proxy.
(g) Special Assessments. If the solicitation involves a proposal for a special assessment, the
notice shall include a description of the purpose and amount of the assessment.
Section 3. Upon receipt of a notice of a door-to-door or mail-in solicitation, the Board shall
advise the membership of the campaign, and the matter shall be included on the agenda of the
applicable Board or membership meeting next following expiration of the sixty (60) day term of the campaign.
POLICY FOR ACCESS TO RECORDS BY MEMBERS
Section 1. Corporate Records. Each Member, including the
Member’s agent or attorney, is entitled to inspect and copy, at a reasonable time at the principal offices of the
Association, the official Association records described as follows:
(a) Its articles or restated articles of incorporation and all amendments to them currently in effect.
(b) Its bylaws or restated bylaws and all amendments to them currently in effect.
(c) The minutes of all meetings of Members and records of all actions approved by the Members
for the past three years and written notice of the meeting, and excerpts of such meeting.
(d) Declaration, as amended and currently in force, of the Association.
(e) Minutes of Board of Director meetings, including all resolutions adopted by the board of
directors and written notice of the meeting, including, without limitation, resolutions relating to
the characteristics, qualifications, rights, limitations, and obligations of members or any class
or category of members, and excerpts of such meetings.
(f) Minutes of meetings of committees of the Board of Directors, and excerpts of such meetings.
(g) All written communications to Members generally within the past 3 years, including the
financial statements furnished for the past 3 years as provided by Nebraska law.
(h) A list of the names and business or home addresses of its current directors and officers.
(i) A copy of the most recent biennial report delivered to the Nebraska Secretary of State.
Section 2. Accounting Records; Membership List. A Member may inspect (a) the accounting records of the
Association, and (b) the membership list of the Association, under the following conditions:
(a) The Member must give written notice or a written demand to an officer of the Association at
least 5 business days before the date on which the Member wishes to inspect and copy.
(b) The notice or demand must be made in good faith and for a proper purpose.
(c) The notice or demand must describe with reasonable particularity (1) the purpose and (2) the
records which the Member desires to inspect or copy.
(d) The requested records must be directly connected with the stated purpose. Approval may be conditioned
upon return of such records upon completion of the purpose if the Board deems confidentiality of such
records to be an issue. Records shall be retained and subject to review for a period of 3 years.
(e) With respect to a request for a membership list (or part thereof), the list must be compiled no earlier
than the date of the Member’s demand. The list may not be used by any person for any purpose unrelated to a
Member’s interest as a Member. Without the consent of the board, a membership list or any part thereof may not be:
(1) used to solicit money or property unless such money or property will be used solely to solicit
the votes of the Members in an election to be held by the Association;
(2) used for any commercial purpose; or
(3) sold to or purchased by any person.
STATEMENT OF RECORD RETENTION POLICY
Section 1. Permanent Records. The Association shall
keep as permanent records (i) minutes of all meetings of its Members; (ii) minutes of all meetings of its
board of directors; (iii) a record of all actions taken by the Members or directors without a meeting; and (iv) a
record of all actions taken by committees of the board of directors.
Section 2. Membership List. The Association or its managing agent shall maintain a record of its Members
in a form that permits preparation of a list of the names and addresses of all Members, in alphabetical order.
Section 3. Format of Records. All records will be maintained in written form or in another form capable of
conversion into written form within a reasonable time.
Section 4. Accounting Records. Accounting records will be retained for a period of not less than 3 years.
Section 5. Copying Privileges. The Association may impose a reasonable charge, not to exceed the estimated
cost of production or reproduction of the records, covering the costs of labor and material, for copies
of any documents provided to the member. The charge shall not exceed the charge made by the management
company to the Association for copies of records.
Section 6. Access to Financial Records. Upon written request from a Member, the Association shall furnish
that Member its latest annual financial statement that includes a balance sheet as of the end of the fiscal
year and a statement of operations for that year. The accounting statements must either include the
accountant’s report that accompanies the statements, or a statement of the president (or other appropriate
corporate officer) that he or she reasonably believes that the statements were prepared on the basis of
generally accepted accounting principles (GAAP). If the financial statements were not prepared on the
basis of GAAP, the officer’s statement must describe the basis of preparation, and any respects in which
the statements were not prepared on a basis of accounting consistent with the statements prepared for the preceding year.
Section 7. Other Records. Except as specifically described above, no other records shall be deemed to be official
records of the Association. Such other records, and their disposition, shall include:
(a) Written ballots. All written ballots shall be secret ballots and shall be kept by the Association
for a period of one year after the date of the vote, unless a lawsuit has been filed in which the
accuracy of a vote or vote count is an issue, in which event the written ballots shall be retained
for a period of 60 days after dismissal of such lawsuit, with no appeals pending.
(b) Proxies. Proxies shall be retained as part of the voting record of the Association. The proxy
shall be attached to or kept with the written ballot and shall be kept by the Association for a
period of one year after the date of the vote, unless a lawsuit has been filed in which the
accuracy of a proxy is an issue, in which event the proxy shall be retained for a period of 60
days after dismissal of such lawsuit, with no appeals pending.
(c) Other Unofficial Records. The following documents shall not be official records of the
Association: handwritten notes or preliminary drafts of any meeting made by an officer of the
Association; and the attendance list of Members attending any Board meeting. Such records may
be destroyed after the official minutes have been duly approved.
Section 1: Method. These Bylaws may be
amended, subject to the provisions of the Articles of Incorporation and the Declarations, at a
regular or special meeting of the Members, by a majority vote of all of the votes of the Members
with voting rights present in person, by proxy or by absentee ballot.
Section 2: Conflicts. In the case of any conflict between the Articles of Incorporation and these
Bylaws, the Articles shall control; and in the case of any conflict between the Declaration and
these Bylaws, the Declaration shall control to the extent the Declaration is not in conflict with the Articles.
Section 1: Fiscal Year. The fiscal year of the Association
shall begin on the first day of January and end on the 31st day of December of every year.
Section 2: Parking. Parking is allowed in designated areas only, which includes in front of
garage and parking blocks only. Mechanical repairs should be done in garage only.
Adopted by the Board of Directors on November 10, 2014.
END OF BYLAWS