TOWN PINES RINDGE, NEW HAMPSHIRE A PLANNED UNIT RESIDENTIAL SUBDIVISION BYLAWS TOWN PINES HOMEOWNERS ASSOCIATION. Dated December 11 th
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1 TOWN PINES RINDGE, NEW HAMPSHIRE A PLANNED UNIT RESIDENTIAL SUBDIVISION BYLAWS OF TOWN PINES HOMEOWNERS ASSOCIATION Dated December 11 th
2 be a president, a secretary, and a treasurer, and such other officers a the Board may from time to time by resolution create. Section 2. Election of Officers. The election of officers shall take place at The first meeting of the Board of Directors following each annual meeting of the members. Section 3. Term. The officers of this Association shall be elected annually by the Board of Directors and each shall hold office for one (1) year unless he shall sooner resign, or shall be removed, or otherwise disqualified to serve. Section 4. Special Appointments. The Board of Directors may elect such other officers as the affairs of the Association may required, each of whom shall hold office for such period, have 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 of Directors. Any officer may resign from at any time giving written notice to the Board, 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 of Directors. The officer appointed to such vacancy shall serve for the remainder of the term of the office he replaces. Section 7. Multiple Offices. The offices of the president, secretary and treasurer may be held by the same person. -9-
3 (b) Provisions shall be made for the issuance of mortgagee endorsements and certificates of insurance to the Institutional Lenders of Owners. All such policies shall provide that payment for losses there under shall be made to The Association and all policies and endorsements thereon shall be deposited with the Board of Directors. (c) Licensing Of Insurer. All insurers and reinsurers must be licensed, or otherwise authorized by law, to conduct business in the State of New Hampshire. (d) Assessments. Insurance contracts must provide that no assessment may be made against any lending institution which has a mortgage on any Lot and that any assessment made against others may not become a lien on the mortgaged premises superior to the outstanding liens. (e) Rating of Insurer. The required insurance must be underwritten by an insurer currently rated in accordance with one of the following alternatives: i) The insurer has a rating of B/III or better in Best s Insurance Reports; or ii) The insurer has a rating of A/II or better in Best Insurance Reports. Section 2. Coverage. -13-
4 than one person in the same occurrence; and not less than $250,000 for damage to the property; or(ii) such greater coverage as may, from time to time, be required for multi-family protection in order to qualify for FHLMC, HUD, FHA, and FHLMA underwriting; a single limit policy in the amount of $1,000,000 shall be deemed in compliance with the foregoing sentence. Such insurance shall provide cross-liability coverage with respect to liability claims of any one insured thereunder against any other insured thereunder, or against all others insured thereunder as a group, but shall not insure against the individual liability of an Owner for negligence occurring within his or her Unit or his or her Limited Common Owned Area. Such insurance shall also provide coverage for any liability that results from lawsuits related to employment contracts in which The Association is a party. (c) Workman s Compensation. The Association shall, if required by law or by any mortgage, procure and maintain workman s compensation insurance as required by law. (d) Other Insurance. The Association shall procure and maintain such other insurance as (i) the Board of Directors shall determine from time to time to be desirable; and (ii) flood insurance, in such amount, if required by FNMA or FHLMA, etc. for mortgage programs underwritten by them or either of them; and (iii) Fidelity Bond coverage as required by FNMA and/or FHLMA. Section 3. General Insurance Provisions. (a) The Board shall deal with the insurer or insurance agent in connection with the adjusting of all claims under insurance policies provided for under this Article -15-
5 (b) The Board shall be required to make every effort to see that all policies of physical damage insurance provided for under this Article (i) shall contain waivers of subrogation by the insurer as to claims against the Association, its employees, agents, members of the Board, the Manager, Owners and members of the family of any Owner who resides with said Owner, except in cases of arson and fraud; (ii) shall contain a wavier of defense of invalidity or prejudice on account of the conduct of any of the Owners over which the Association has no control ; (iii) shall contain a wavier of defense of invalidity or prejudice by failure of the insured, or the Owners collectively, to comply with any warranty or condition with regard to any portion of The Properties over which the insured, or the Owners collectively, have no control; (iv) shall provide that such policies may not be canceled or substantially modified without at least thirty (30) days written notice to all of the insured thereunder and all mortgages of Lots; (v) shall provide that in no event shall the insurance under said policies be brought into contribution with insurance purchased individually by Owners or their mortgages; (vi) shall exclude no other insurance clause; (vii) shall provide that until the expiration of the (30) days after the insurer gives notice in writing to the mortgage of any Lot, the mortgage s insurance coverage will not be affected or jeopardized by an act or conduct of the Owner of such Lot, the other Owners, the Board of Directors, or any of the agents, employees or household members, nor Nor cancelled for nonpayment of premiums; (viii) shall recognize an Insurance Trust Agreement should the Association enter into one; (ix) shall contain a loss payable Clause showing The Association as Trustee for each Owners and the holder of each Unit s mortgage; and (x) shall contain the standard mortgage clause naming the -16-
6 The Declaration and these Bylaws. The Declaration shall control. Section 3. Notwithstanding the above, the Board of Directors may amend these Bylaws without the vote of Members, but only (i) to correct typographical or scrivener s errors; (ii) to comply with the provisions of New Hampshire RSA 356-A; or (iii) to comply with the regulations of HUD, FHA, or VA. Article XIV MISCELLANEOUS Section 1. The fiscal year of the Association shall begin on the first day of January and end on the 31 st day of December of every year. Section 2. All definitions as included in the Declaration for TOWN PINES, a Residential Cluster Development, as recorded in the Cheshire County Registry of Deeds are incorporated herein by reference, shall have the same meaning herein as if fully set forth herein. IN WITNESS WHEREOF, we, being all the Directors of the TOWN PINES Homeowners Association, have hereunto set our hands this11th day of December, Floyd Morrison, President -18-
7 STATE OF NEW HAMSHIRE COUNTY OF CHESHIRE The forgoing instrument was acknowledged before me this 11 th day of December, 2009, by Floyd Morrison, President, Town Pines Homeowners Association. Notary Public CERTIFICATION I, the undersigned, do hereby certify: That the foregoing Bylaws constitute the current Bylaws of said Association; that these Bylaws are the product of the original Bylaws of September 19 th, 2001, and some amendments to said Bylaws, which were accomplished in accordance with the requirements of Article XIII of these Bylaws; and, that the foregoing Bylaws were duly adopted at a meeting of the Board of Directors thereof, held on December 7th, IN WITNESS WHEREOF, I have hereunto subscribed my name and thus the seal of said Association this 11 th day of December, Donald W. Murray, Secretary
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