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Articles of Incorporation of Homeowners Association
The undersigned, __________________________________________________
______________________________________________________________________
______________________________________________________________________
(Names and Addresses of Incorporators) for the purpose of forming a nonprofit
corporation under the ________________ (name of state) ______________________
_____________________________________ (name of state’s statute) adopt the
following Articles of Incorporation:
1. Name
The name of the Corporation is: ______________________________ (Name of
Homeowners Association) .
2. Not for Profit
The Corporation is a not-for-profit Corporation as defined in the ______________
_________________________________________________ (name of state and
name of nonprofit corporation statute) . The Corporation is not formed for pecuniary
profit. No part of the income or assets of the Corporation is distributable to or for the
benefit of its members, directors or officers except to the extent permissible under law.
3. Duration
The duration ______________________ (term) of the Corporation is perpetual.
4. Purposes
The Corporation is organized and shall be operated exclusively for the following
purposes:
A. To enforce the Declaration of restrictions, easements and covenants of
_________________________________ (Name of Homeowners Association)
(the Declaration ), consisting of home sites in _____________________ (Name
of County) , __________________ (Name of State) ; to be the Association
referred to in the Declaration; and to assess homeowners in accordance with the
Declaration.
B. To exercise all rights and powers conferred by the laws of to acquire by
bequest, devise, gift, purchase, lease or otherwise any property of any sort or
nature without limitation as to its amount or value, and to hold, invest, reinvest,
manage, use, apply, employ, sell, expend, disburse, lease, mortgage, convey,
option, donate or otherwise dispose of such property and the income, principal
and proceeds of such property for any of the purposes set forth in these Articles
of Incorporation.
C. To do such other things as are incidental to the purposes of the
Corporation or necessary or desirable in order to accomplish them.
5. Limitation
No part of the net earnings of the Corporation shall inure to the benefit of or be
distributable to its members, directors or officers, but the Corporation shall be
authorized to pay reasonable compensation for services rendered and to make
payments and distributions in furtherance of the purposes set forth in Article 4 .
6. Members
A. The Corporation shall have voting members who shall be selected as
provided in the Bylaws and who shall have all the rights and privileges of
members of the Corporation. The Bylaws shall also provide for nonvoting
members who shall consist of all of those persons who are the record fee simple
title holders of homes in _________________________ (Name of Subdivision) ,
as set forth in the Declaration of restrictions, easements and covenants of
____________________________ (Name of Subdivision) recorded in the
public records of __________________ (Name of County) , ________________
(Name of State) , and which are constructed upon the real property described as
follows:
(Legal Description)
________________________________________________________________
________________________________________________________________
________________________________________________________________
B. The nonvoting members shall have such rights and privileges as are set
forth in the Bylaws, but shall not have the right to vote. The developer of
__________________________ (Name of Subdivision) shall transfer control of
the Association to the homeowners not later than: (a) ______ (number) days
after the developer has sold the last home site to its final retail purchaser; or (b)
_______ (number) years after the date of the Declaration, whichever is later.
Each homeowner subsequently shall be a voting member of the Association and
his or her voting privileges cannot subsequently be suspended or removed as
long as he or she remains a homeowner. The name and address of each initial
voting member are as follows:
(Names of Members) (Addresses of Members)
_____________________ ________________________________
_____________________ ________________________________
_____________________ ________________________________
_____________________ ________________________________
_____________________ ________________________________
7. Initial Registered Office and Agent
The street address of the initial registered office of the Corporation is _________
_________________________________________________________ (street
address, city, state, zip code) , and the name of its initial registered agent at that
address is: ________________________ (Name of Registered Agent) .
8. Initial Board of Directors
The management of the Corporation shall be vested in a board of directors. The
number of directors constituting the initial board of directors is _____ (number) . The
number of directors may be increased or decreased in accordance with the Bylaws, but
shall never be less than ______ (number) . The voting members shall elect the directors
at the annual meeting of voting members. The Bylaws may provide for ex officio and
honorary directors, and their rights and privileges. The name and address of each initial
director of the Corporation are as follows:
(Names of Members) (Addresses of Members)
_____________________ ________________________________
_____________________ ________________________________
_____________________ ________________________________
_____________________ ________________________________
_____________________ ________________________________
9. Officers
The officers of the Corporation shall consist of a president, vice president,
secretary, treasurer and such other officers and assistant officers as may be provided in
the Bylaws. Each officer shall be elected by the board of directors (and may be removed
by the board of directors) at such time and in such manner as may be prescribed by the
Bylaws. The name and address of each initial officer of the Corporation are as follows:
Title Name Address
President ___________________ ____________________
Vice President ___________________ ____________________
Secretary ___________________ ____________________
Treasurer ___________________ ____________________
10. Incorporators
The name and address of each incorporator are as follows:
Name Address
___________________ ____________________
___________________ ____________________
11. Bylaws
The Bylaws of the Corporation are to be adopted by the board of directors, and
may be altered, amended or rescinded by the board of directors
12. Amendment
The Corporation reserves the right to amend or repeal any provisions contained
in these Articles of Incorporation or any amendment to them, and all rights and
privileges conferred upon the members, directors and officers are subject to this
reservation.
13. Indemnification
The Corporation shall indemnify each officer and director, including former
officers and directors, to the full extent permitted by the _________________________
____________________________ (state not-for-profit corporation statute) .
Witness our signatures this _________________ (date) .
_________________________ _______________________
(Printed Name of Incorporator) (Printed Name of Incorporator)
_________________________ _______________________
(Signature of Incorporator) (Signature of Incorporator)
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