Witness Whereof, i, m u W - HOA Management TucsonLouise Renneckar 9280 E. 27th St. Tucson, Arizona...
Transcript of Witness Whereof, i, m u W - HOA Management TucsonLouise Renneckar 9280 E. 27th St. Tucson, Arizona...
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J R I M A * / V
vCOf?P0 LY-:
f̂> 1912
To all to Whom these Presen ts shall Come, Greeting:
BE IT KNOWN THAT -VBBSS CATAL1NA 130. 1 TOMSHOTSE ASSOCIATION
H A V I N G SUBMITTED TO THE A R I Z O N A C O R P O R A T I O N C O M M I S S I O N EVIDENCE OF C O M P L I A N C E WITH
THE LAWS O F THE STATE OF A R i Z O N A G O V E R N I N G THE I N C O R P O R A T I O N O F C O M P A N I E S , IS, BY VIRTUE
O F THE P O W E R VESTEO IN THE C O M M I S S I O N UNDER THE C O N S T I T U T I O N A N D THE L A W S OF THE STATE OF
A R I Z O N A , HEREBY G R A N T E D THIS
CERTIFICATE OF INCORPORATION
A U T H O R I Z I N G S A I D C O M P A N Y TO EXSRCiSE THE F U N C T I O N S O f A C O R P O R A T I O N , U N D E R THE LAWS
N O W IN EFFECT IN THE STATE O F A R I Z O N A . A N D SUBJECT TO S U C H LAWS A S M A Y HEREAFTER BE
ENACTED, FOR A PERIOD OF TWENTY-FiVE Y E A R S FROM THE DATE HEREOF, UNLESS S O O N E R REVOKED
BY A U T H O R I T Y OF LAW.
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BY ORDER O F THE A R I Z O N A C O R P O R A T I O N C O M M I S S I O N .
-RUSSELL WILLIAMS • '' Witness Whereof, i, W C H A I R M A N , H A V E H E R E U N T O SET M Y H A N D A N D C A U S E D THE O F F I C I A L
' ' O F THE A R I Z O N A C O R P O R A T I O N C O M M I S S I O N T O BE A F F I X E D A T THE
M ^ / F C A P I T O L . I N THE CITY O F P H O E N I X , THIS 3 . 8 T H
^ • W A D A Y O F S e p t e m b e r — - — -A . D . 1 9 ? 2
/
W CHAIRMAN.
S E C R E T A R Y . NO. 88609' BY
A S S I S T A N T S E C R E T A R Y .
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Verde Catalina Lots i through 75 ,
and shown on the plat as
recorded in the ..Pima County Recorder's
Office at Book 2^ P a g e • .
and to promote the health, safety and welfare of the residents
within the above described property and any additions thereto as
may hereafter be brought within the Jurisdiction of this Association
for this purpose tot
(a) exercise all of the powers and privileges and to perform
all of the duties and obligations of the Association as set forth in
that certain .Declaration of Covenants, Conditions and Restrictions,
hereinafter called the "Declaration", applicable to the property and
recorded or to be. recorded.in the Office of County Recorder,
Pima County, Arizona and as the same may be amended from, time
to time as therein provided, said Declaration being incorporated
herein as if•set forth at length;
(b) fix, levy, collect and en^orca payment by any lawful
means, all charges or assessments pursuant to the terms of the Dec-
laration; to pay all expenses in connection therewith and all office
and other expenses incident to the conduct of the business of the
Association, including all licenses, taxes or governmental charges
levied or imposed against the property of the Association;
(c) acquire (by gift, purchase or otherwise), own, hold,
improve, build upon, operate, maintain, convey, sell, lease, trans-
fer, dedicate for public use or otherwise dispose of real or personal,
property in connection with the affairs of the Association;
(d) borrow money, and with the assent of two-thirds (2/3) of
each class of members mortgage, pledge, deed in trust, or hypothecate
any or all of its real or personal property as security for money
borrowed or debts incurred;
(e) dedicate, sell or transfer all or part of the Common Area
to any. public agency, authority, or utility for such purposes and
subject to such conditions as may be agreed to by the members. No
such dedication or transfer shall be effective unless an instrument
HSM4337 ̂Or.173
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has been signed by two-thirds (2/3) of each class of members,
agreeing to such dedication, sale or transfer.;
(f) participate in mergers 'and consolidations with other
nonprofit corporations organized for the same purposes or annex
additional residential property and Common Area, provided that any
such merger, consolidation or annexation shall have the assent of
two-thirds (2/3) of each class of members; ,
(g) have and to exercise any and all powers, rights and
privileges which a corporation organized under the Non-Profit Cor-
poration Law of the State of Arizona by law may now or
hereafter have or excerise.
ARTICLE V
' MEMBERSHIP
Every person or entity who is a record, owner of a fee or
undivided fee interest in any Lot which is subject by covenants
of record to assessment by the Association, including contract
sellers, shall be a member of the Association. The foregoing is
not intended to include persons or entitles who hold an Interest
merely as security for the performance of an obligation. Member-
ship shall be appurtenant to and may not seperated from ownership
of any Lot which is subject to assessment by the Association.
ARTICLE VI •
VOTING BIGHTS
The Association shall have two' classes of voting membership:
Class A. Class A members shall be all Owners with
the exception of the Declarant and shall be entitled to one
vote for each Lot owned. '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 they among themselves
• determine, but in no event shall more than one note be cast
with respect to any Lot..
Class B. The Class B members shall be the Declarant
BOOH 4337 «174
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(as defined in the Declaration), and shall be entitled
to three (3) votes for each Lot owned. The Class B mem-
bership shall cease and be converted to Class A membership
on the happening of either of the following events, which-
ever occurs earlier:
" (a) when the total'votes outstanding in the
Class A membership equal the total votes
outstanding in the Class B membership; or
(b) -on July 1. 19 74 .
ARTICLE VII
BOARD OF DIRECTORS
The affairs of this Association shall be managed by a Board
of nine (9) Directors, who need not be members of the Association.
The number of directors may be changed by amendment of the By-Laws
of the Association. The names and addresses of the persons who are
to act in.the capacity of directors until the selection of their
successors are:
.NAME .. .ADDRESS
William A. Estes, Jr. 425 S. Brown Tucson, Arizona
Stephen E. Renneckar 9280 E. 27th St. 'Tucson, Arizona
Charles M. Pollock,Jr. 2242 S. Oak Park: Tucson, Arizona
James N. Shedd 7214 E. Camino Vecino Tucson. Ariz
Shirley Estes 425 S. Brown Tucson, Arizona
Louise Renneckar 9280 E. 27th St. Tucson, Arizona
Pearl M. Pollock ' 2242 S. Oak Park Tucson. Arizona
Jean Shedd 7214 E. Camino Vecino Tucson, Ariz
Delbnrt Browninc 11^42 E. Sundance Tucson. Arizona
The above directors were elected at the meeting held at
8257 E. Broadway, Tucson, Arizona on August 28, 1972 to serve
as directors until the .first meeting of the members of the cor-
poration or until their successors are duly elected and qualified.
" * . B O O K 4 3 3 / ?AG£ 175
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The annual meeting of the members shall be held on the
third Tuesday of November of each year commencing with the year
of 1972, unless such date be a legal holiday, in which case the
meeting shall be held on the first succeeding day which is not a
legal holiday*
At the first annual meeting the members shall elect three
(3) directors for a terra of one(l) year, three (3) directors for
a term of two (2) years and three (3) directors for a term of
three (3) years; and at each-annual meeting'thereafter the members
shall elect three (3) directors for a term of three(3) years.
ARTICLE VIII
DISSOLUTION
The Association may be dissolved with the assent given in
writing and signed by not less than two-thrids (2/3) of each class
of members. Upon dissolution of the Association, other than inci-
dent to a merger or consolidation, the assets of the Association
shall be dedicated to an appropriate public agency to be used for
purposes similar to those for which this Association .was ..created.
In the event that such dedication is refused acceptance, such assets
shall be granted, conveyed and assigned to any nonprofit corporation,
association, trust or other organization to be devoted to such sim-
ilar purposes.
ARTICLE IX
DURATION
The time of the commencement of this corporation shall be •
the date on which a Certificate of Incorporation is issued by the
Corporation Commission of Arizona.
The corporation shall exist for a period of twenty-five (25)
years, but may be renewed for successive periods of twenty-five (25)
years by appropriate resolutions of renewal adopted before the date
of expiration or within five (5} years thereafter by three-fourths
(3/^0 of the votes cast at a shareholders' meeting duly called and
held for that purpose, if all fees and charges imposed by law have
been.paid,
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ARTICLE X
AMENDMENTS
Amendment of these Articles shall require the assent of «
seventy-five percent (75^5 °£ t h e entire membership. Any amend- •
jment must he. recorded.
~ ARTICLE XI : .
CORPORATE INDEBTEDNESS • * " '
The highest amount of indebtedness-of liability, direct or
contingent, to which this corporation shall subject itself at any-
time is fifty thousand dollars ($50,000.00).
ARTICLE XII
EXEMPTION -OF PRIVATE PROPERTY
The private property of the members of this corporation
shall be exempt from corporate debts.
IN WITNESS WHEREOF, for the purpose of forming this corpor-
ation under the laws of the State of Arizona, we, the undersigned,
constituting the incorporators of this Association, have executed
these Articles of Incorporation this g8 ' day of August j 1972,
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ADDRESS
425 S. Brovm Way
CITY & STATE
Tucson,- Arizona
7214 E. Camino Vecino Tucson, Arizona
.9580 E. 27th St. Tucson!, Arizona
STATE OP ARIZONA
County of Pima ss.
0** thisd
before me Rose Benanti
the .undersigned officer, personally appeared WILLIAM A. ESTES, .JR.,
JAMES N. SHEDD and STEPHEN E. HENNECKAH, Incorporators of the fore-
going instrument.
IN WITNESS WHEREOF, I hereunto set ay hand and official seal.
A N !
oy \ A iy j' ;• • t
c,omiission will expire: / ? •
Notary/ Public
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