Park Place Bylaws
Park Place Bylaws
Park Place Bylaws
The purpose of this non-profit Town Home Association is to own, maintain, manage, and preserve the
Town Home Common Areas and Town Home Amenities thereon, and to exercise architectural control over
the Lot and/or Units owned by the Members of the Town Home Association for the mutual benefit, health,
safety and welfare of the Members of the Town Home Association.
ARTICLE II DEFINITIONS
Unless the context shall prohibit or otherwise require, each of the following words or terms, whenever used
herein with an initial capital letter, shall have the following meaning:
1. "Town Home Amenities" shall have the meaning set forth in the Declaration.
2. "Assessment" means a levy imposed, from time to time, against the Owner and his Lot and/or Unit by
the Town Home Association in the manner hereinafter provided.
3. "Town Home Association" shall have the meaning set forth in the Declaration.
4. "Town Home Board" shall have the meaning set forth in the Declaration.
5. " Town Home Common Area" shall have the meaning set forth in the Declaration.
6. "Common Expense" means all sums lawfully assessed by the Town Home Association, including
expenses for the administration of the Town Home Association; the maintenance, repair or replacement of
the Town Home Common Area (including the Town Home Amenities and landscaping) and excluding the
Town Home Common Area and Town Home Amenities, which shall be maintained by the Town Home
Association; the payment of utilities associated with the Town Home Common Area; premiums for
insurance (hazard, liability, and other); ad valorem taxes and other governmental assessments; and
expenses declared as Common Expenses by these Bylaws or otherwise agreed upon by the Members.
7. "Declaration" shall have the meaning set forth in the Declaration of Restrictions, Covenants and
Conditions for Park Place recorded in Book 35479 Page 127 in the Office of the Clerk of Court for
Gaston County, North Carolina.
10. "Member" shall have the meaning set forth in the Declaration.
11. "Owner" shall have the meaning set forth in the Declaration.
Every Owner of a Lot and/or Unit subject to a Declaration which requires said Lot and/or Unit owner to be
a member of this Town Home Association is a Member according to the terms and conditions set forth in
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the Declaration. The Town Home Association shall have two classes of voting membership as set forth in
the Declaration and the voting rights of Members shall be as set forth in the Declaration. Members of the
Town Home Association shall be Members of the Town Home Association immediately upon acquiring
membership in the Town Home Association.
Section 1. Annual Meeting. The first annual meeting of the members shall be held within one year from
the date of incorporation of the Association, and each subsequent regular annual meeting of the
members shall be held on the same day of the same month of each year thereafter, at the hour of 7:30
P.M. 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.
Section 2. Special Meetings. Special meetings of the Members may be called at any time by the Town
Home Association's President or by a majority of the Town Home Board of Directors, or upon written
request of the Members who are entitled to vote one-fourth (1/4) of all of the then existing votes of the
Class A membership.
Section 3. Notice of Meetings. Written notice of each meeting of the Members shall be given by, or at the
direction of, the secretary or person authorized to call the meeting, by mailing a copy of such notice,
postage prepaid, not less than ten (10) days nor more than sixty (60) days, unless otherwise stated in the
Declaration or Articles, before such meeting to each Member entitled to vote, addressed to the Member's
address last appearing on the books of the Town Home Association, or supplied by such Member to the
Town Home Association for the purpose of notice. Such notice shall specify the place, day and hour of the
meeting, and, in the case of a special meeting, the purpose of the meeting. Proof of such mailing shall be
given by the affidavit of the person giving the notice. Notice of the meeting may be waived, before or after
the meeting, by vote of all Members of the Town Home Association.
Section 4. Quorum. The presence of Members comprising at least one-tenth (1/10) of the votes of each
class of Members entitled to cast, or of proxies entitled to cast, votes shall constitute a quorum for any
action by Members except as otherwise provided in a Declaration or herein. If, however, such quorum
shall not be present or represented at any meeting, the Members entitled to vote shall have the power to
adjourn the meeting from time to time, without notice other than announcement at the meeting, until a
quorum shall be present or be represented.
Section 5. Proxies. At all meetings of Members, each Member may vote in person or by proxy. All proxies
shall be in writing and filed with the secretary of the Town Home Association. Every proxy shall be
revocable and shall automatically cease upon conveyance by the Member of his Lot and/or Unit.
Section 6. Order. The order of business at the Members' meetings, annual or otherwise, shall be:
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ARTICLE V
TOWN HOME BOARD OF DIRECTORS
Section 1. Initial Directors; Number; Non-Members. Initially, the Town Home Board shall consist of three
(3) directors appointed by Developer who need not be Members of the Town Home Association. Within
thirty (30) days after the last Lot and/or Unit owned by Developer is sold, the Town Home Association will
hold an initial meeting to elect a new Town Home Board Directors comprised solely of Owners. The
number of directors may be changed by amendment of these Bylaws.
Section 2. Term of Office. At the first annual meeting the Members shall elect three (3) Directors for a term of
one (1) year, and two (2) directors for term of two (2) years. At each annual meeting thereafter the
Members shall elect two (2) Directors or three (3) Directors, as the case may be, for a term of two (2)
years.
Section 3. Nomination. Except for the initial election, nominations for election to the Town Home Board
shall be made by a Nominating Committee. Nominations may also be made from the floor at the annual
meeting. At the initial election, all nominations shall be made from the floor.
Section 4. Nominating Committee. The Nominating Committee shall consist of a Chairman, who shall be a
Member of the Town Home Board of Directors, and two or more members of the Town Home Association,
each of whom shall be appointed by the Town Home Board and shall serve from the time of appointment
until his successor is duly elected and qualified. The Nominating Committee shall be announced at each
annual meeting. The Nominating Committee shall make as many nominations for election to the Town
Home Board as it shall determine, but not less than the number of vacancies that are to be filled.
Section 5. Election. Election to the Town Home Board shall be by written ballot. At such election each
Member, or his proxy, may cast, in respect to each vacancy, as many votes as they are entitled to exercise
under the provisions of Article IV. The person(s) receiving the largest number of votes shall be elected.
Cumulative voting and factional voting shall not be permitted.
Section 6. Removal. Any director may be removed from the Town Home Board, with or without cause, by a
majority vote of the members. A director may be removed from the Town Home Board by a majority vote of
the Board if the director is delinquent in their assessments, in violation, or not in good standing with the
Association. In the event of the death, resignation, or removal of a director, his successor shall be selected
by the remaining Members of the Town Home Board and shall serve for the unexpired term. This Section
shall not apply to any Director appointed by the Declarant.
Section 7. Compensation. No director shall receive compensation for any service rendered as director to the
Town Home Association; however, any director shall be reimbursed for his actual expenses incurred in the-
performance or his duties.
Section 1. Annual Meetinq. The annual meeting of the Town Home Board shall be held immediately after,
and at the same place, as the annual meeting of Members.
Section 2. Special Meetings. Special meetings of the Town Home Board shall be held when called by the
president of the Town Home Association, or by any two (2) directors, after not less than three (3) days
prior notice to each director.
Section 3. Quorum. A majority of the number of directors shall constitute a quorum for the transaction of
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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 an act of the Town Home Board.
Section 4. Action Taken Without Meetinq. The directors shall have the right to take any action in the
absence of a meeting which they could take at a meeting by obtaining the written approval of all the
directors. Any action so approved shall have the same effect as though taken at a meeting of the directors.
ARTICLE VII POWERS AND DUTIES OF THE TOWN HOME BOARD OF DIRECTORS
Section 1. Powers. The Town Home Board shall have power to:
(a) Adopt, formulate, amend and publish rules and regulations governing the use of the Town
Home Common Area and Town Home Amenities, and improvements thereon, and the personal conduct of
the Members and their guests thereon, and to establish penalties for the infraction thereof.
(b) Suspend the voting rights and right to use the Town Home Common Area, Town Home
Common Area, Town Home Amenities and Town Home Amenities of a Member during any period in which
such Member shall be in default in the payment of any Assessment levied by the Town Home Association.
Such rights may also be suspended after notice and hearing, for a period not to exceed sixty (60) days, for
infraction of published rules and regulations. Provided, however, that no Owner may be denied access to
his Lot and/or Unit and the right to park his vehicles in the Town Home Common Area designated for
parking.
(c) Exercise for the Town Home Association all powers, duties and authority vested in or
delegated to the Town Home Association and not reserved to the Members by other provisions of these
Bylaws, the Articles of Incorporation, or the Declaration.
(d) Declare the office of a member of the Town Home Board of Directors to be vacant in the
event such member shall be absent from three (3) consecutive meetings of the Town Home Board.
(e) Foreclose the lien against any Lot and/or Unit for which the Assessments are not paid within
thirty (30) days after their due date and bring an action at law against the Owner personally obligated to
pay said Assessment.
(f) Employ a manager (an independent contractor) or such other persons as deemed
necessary, and to prescribe their duties.
(g) Exercise such other powers as are conferred upon the Town Home Association by the
Articles of Incorporation, the Declaration, or these Bylaws.
Section 2. Duties. It shall be the duty of the Town Home Board to:
(a) Keep a complete record of all its acts and affairs and to present a statement thereof at the
annual meeting of the Members, or at any special meeting if such statement is requested in writing by one-
fourth (1/4) of the Class A Members who are entitled to vote;
(b) Supervise all officers, agents and employees of the Town Home Association, and see that
their duties are properly performed;
(c) Fix the amount of the annual Assessment against each Lot and/or Unit in advance of each
annual Assessment period;
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(d) Send written notice of such annual Assessment to every Owner subject thereto at least thirty
(30) days in advance of each annual Assessment period;
(e) Prepare and maintain a roll or index of the Lots and/or Units and Assessments applicable to
each Lot and/or Unit in a set of accounting books, noting the name and address of each Lot and/or Unit
and its Owner, the amount of each Assessment as it comes due, the amounts paid upon the account, and
the balance of any Assessment.
(f) Open and maintain one or more depository accounts in such bank or banks as the Town Home
Board may decide from time to time in which the monies of the Town Home Association shall be
deposited.
(g) Foreclose the lien against any Lot and/or Unit for which the Assessments are not paid within
thirty (30) days after their due date and bring an action at law against the Owner personally obligated to
pay said Assessments.
(h) Upon demand furnish a certificate signed by an officer of the Town Home Association setting
forth whether the Assessments on a Lot and/or Unit have been paid. A properly executed certificate of the
Town Home Association, as to the status of Assessments on a Lot and/or Unit, shall be binding upon the
Town Home Association as of the date of its issuance, as provided in the Declaration.
(i) Adopt an annual budget which shall contain estimates of the cost of operating the Town
Home Association as well as anticipated revenues from the Assessments and other fees.
Q) Procure and maintain such casualty, hazard and liability insurance, as provided in Article Xll.
(k) Clean-up, maintain and repair the entrance ways, Town Home Common Area, Town Home
Amenities and landscaping thereon.
(I) Pay any taxes, assessments, license fees or governmental charges, levied or imposed against
any property, real or personally, owned by the Town Home Association.
(m) Enforce all restrictions, covenants, easements, and other matters affecting the Lot and/or
Units and Members.
(n) Perform all other duties imposed by the Articles, the Declaration and these Bylaws.
Section 3. Annual Statement. Pursuant to, and in partial fulfillment of the requirement set forth in Section 2
(a) above, within ninety (90) days of the close of the Town Home Association's fiscal year, the Town Home
Board shall prepare and execute under oath a general itemized statement showing the actual assets and
liabilities of the Town Home Association at the close of the fiscal year, a statement of revenues, costs, and
expenses, and a statement listing the name of any creditor owing the Town Home Association $ 75.00 or
more. The Town Home Association shall furnish to any Member a copy of these statements within thirty
(30) days of receipt of a written request.
Section 4. Declarant's Protective Provision. After vacancies of Directors have become vested in non-
Declarant Members, and for so long as the Declarant owns at least (1) Lot and holds same for sale in the
ordinary course of business, the following shall apply:
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(1) Neither the Town Home Association nor its Town Home Board of Directors shall take any action,
without cause, that will impair or adversely affect the rights of the Declarant or use the Declarant to
suffer any financial, legal or other detriment including, but not limited to, any direct or indirect
interference with the sale of Lots, or Assessments of the Declarant for capital improvements. This
shall include, but not limited to, the prohibited restrictions set forth in the Declaration.
(2) The Town Home Association and its Town Home Board of Directors shall continue the same
level of maintenance, operation and services as provided immediately prior to the assumption of
control of the Town Home Association and the Town Home Board of Directors by the Members.
(3) In furtherance of the foregoing provisions of Subsection 4.04 (1) and (2), the Declarant shall
have the right to veto any and all actions of the Town Home Association or the Town Home Board
of Directors which may have any direct or indirect detrimental impact upon the Declarant as may
be determined by the sole reasonable discretion of the Declarant.
(4) The Declarant shall exercise its veto right, as qualified in Subsection 4.04 (1), (2) and (3), above,
its sole and absolute discretion, within ten (10) days after its receipt of notice that a resolution or
other action is proposed or has been taken by the Town Home Association or its Town Home
Board of Directors. In such event, the Declarant shall notify the Secretary of the Town Home
Association of its exercise of its veto right and any such proposal or action shall be deemed null
and void ab initio and of no further force and effect.
(5) Declarant shall have no other responsibility with regard to the Brook Chase, the Town Home
Association, Town Home Association, Owners, Members, or tenants of such other than delivery of
the Town Home Common Areas and Town Home Amenities to the Town Home Association as set
forth in the Declaration.
Section 1. Enumeration of Officers. The officers of the Town Home Association shall be a president and
vice president, both of whom shall be Members of the Town Home Board of Directors, a secretary and a
treasurer, and such other officers as the Town Home Board may elect from time to time.
Section 2. Election. The officers of the Town Home Association shall be elected by the Town Home Board
at its annual meeting.
Section 3. Term. Each officer of the Town Home Association shall hold office for one (1) year unless he
shall sooner resign, or shall be removed, or otherwise shall be disqualified to serve.
Section 4. Special Appointments. The Town Home Board may elect such other officers as the affairs of the
Town Home Association may require, each of whom shall hold office for such period, have such authority,
and perform such duties as the Town Home 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 Town Home Board. Any officer may resign at any time by giving written notice to the Town Home
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 shall be filled by appointment by the Town Home Board. The
officer appointed to such vacancy shall serve for the remainder of the term of the officer he replaced.
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Section 7. Multiple Offices. The offices of secretary and treasurer my be held by the same person. No
person shall simultaneously hold more than one of any of the other offices except in the case of special
offices created pursuant to Section 4 of this Article.
(a) The President shall preside at all meetings of the Town Home Board of Directors, see that
order arid resolutions of the Town Home Board are carried out, sign all leases, mortgages, deeds of trust,
deeds and other written instruments co-sign all checks and promissory notes, and exercise and discharge
such other duties as may be required of him by the Town Home Board.
(b) The Vice-President shall act in the place and stead of the president in the event of his
absence, inability or refusal to act, and shall exercise and discharge such other duties as may be required
of him by the Town Home Board.
(c) The Secretary shall record the votes and keep the minutes at all meetings and proceedings
of the Town Home Board and of the Members, keep the corporate seal of the Town Home Association
and affix it on all papers requiring said seal, serve notice of meetings of the Town Home Board and of
the Members, keep current records showing the Members and their addresses, and perform such other
duties as required by the Town Home Board.
(d) The Treasurer shall oversee the receipt and deposits in appropriate bank accounts and
oversee the disbursement of funds, shall sign all promissory notes of the Association- keep proper
books of account; may cause an annual audit of the Association books to be made by a public
accountant at the completion of each fiscal year; 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.
Every Member shall have a right and easement of use and enjoyment in and to the Town Home
Common Area and Town Home Amenities thereon, which shall be appurtenant to and shall not be
separated from title to the Owner's Lot and/or Unit, subject to the following provisions:
(a) The right of the Town Home Association to require the use of, and to charge reasonable
admission and other fees for the use of, Town Home Common Area and Town Home Amenities.
(b) The right of the Town Home Association to suspend the voting rights, and the right to use
any Town Home Common Area, Town Home Common Area, Town Home Amenities and Town Home
Amenities, by an Owner for any period during which any Assessment against his Lot and/or Unit remains
unpaid, and for a period not to exceed sixty (60) days for any infraction of its published rules and
regulations; provided that no Owner will be denied access to his Lot and/or Unit and the right to park his
vehicles in the Town Home Common Area designated for parking.
(c) The right of the Town Home Association, with the written assent of two-thirds (2/3) of each
class of Members, to borrow money for the purpose of improving the Town Home Common Area; provided,
any mortgage permitted by law shall be subject to the rights and easements of the Members and the
Town Home Association in the Town Home Common Area.
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(d) The right of the Developer and/or Town Home Association, to dedicate, transferor exchange all
or any part of the Town Home Common Area to any public agency, authority, public service district, utility, or
private person or other entity for such purposes and subject to such conditions as may be agreed by the
Members provided no such gift or sale shall be effective unless authorized by the affirmative vote of three
fourths (3/4) of the votes cast at a duly called meeting of the Town Home Association.
(e) The right of the Town Home Association to formulate, publish, impose and enforce rules and
regulations for the use and enjoyment of the Town Home Common Area and Town Home Amenities,
which rules and regulations may further restrict the use of the Town Home Common Area.
(f) The right of the Town Home Association to borrow money for the purpose of improving and/or
maintaining the Town Home Common Area and Town Home Amenities.
(g) The right and easement of enjoyment to the Town Home Common Areas and Town Home
Amenities shall be limited to the Member, his spouse, his children under age twenty-five (25) permanently
residing with the Member.
(h) The right and easement of enjoyment to the Town Home Common Area and Town Home
Amenities is limited by and subject to all existing rights-of ways and easements to public utilities and the
like.
ARTICLE X ASSESSMENTS
Each member shall be subject to Assessments levied in accordance with the provisions of the Declaration.
ARTICLE XI INSURANCE
The Town Home Association shall obtain Insurance in the coverage types and amounts as set forth in the
Declaration.
Section 1. Dissolution. The Town Home Association may be dissolved with the assent given in writing and
signed by not less than two-thirds (2/3) of each class of members.
Section 2. Transfer of Assets. If the Town Home Association is dissolved, all Town Home Common Area,
Town Home Amenities, and other properties owned by the Town Home Association at such time shall be
transferred to a Trustee appointed by the appropriate court of Gaston County, North Carolina, which
Trustee shall own and operate said land for the use and benefit of owners within the Property as follows:
(a) Each Lot and/or Unit shall be subject to an annual Assessment which shall be paid by the
Owner of each Lot and/or Unit or to the Trustee. The amount of such annual Assessment and its due date
shall be determined solely by the Trustee, but the amount of such annual Assessment shall not exceed the
amount actually assessed against the Lot and/or Unit in the last year Assessments were levied by the
Town Home Association, subject to the adjustments set forth in paragraph (b) below.
(b) The amount of the annual Assessment which may be charged by the Trustee hereunder on
any particular Lot and/or Unit or parcel shall be automatically increased each year by five (5%) percent.
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(c)Any past due annual Assessment together with interest thereon at a rate of ten (10%) percent
per annum from the due date and all costs of collection including reasonable attorney's fees shall be a
personal obligation of the Lot and/or Unit Owner at the time the annual Assessment become past due, and
shall constitute and become a charge and continuing lien on the Lot and/or Unit and all improvements
thereon, against which the Assessment has been made, in the hands of the then Owner, his successors
and assigns.
(d)The Trustee shall be required to use the funds collected as annual Assessments for the
operation, maintenance, repair and upkeep of the Town Home Common Area and Town Home Amenities.
The Trustee may charge, as part of the costs of such functions, the reasonable value of its services in
carrying out the duties herein provided for. The Trustee is not obligated to provide for operation,
maintenance, repair and upkeep of the Town Home Common Area and Town Home Amenities, if the
funds provided by the annual Assessment have been exhausted.
(e)The Trustee shall have the power to dispose of the Town Home Common Area and Town
Home Amenities free and clear of the limitations imposed hereby; upon the written approval of fifty-one (51
%) percent of the Lot and/or Unit Owners, or upon a finding by the appropriate court of Gaston County,
North Carolina that such disposal is in the best interest of the Lot and/or Unit Owners. The proceeds of
such a sale shall first be used for the payment of any debts or obligations constituting a lien on the Town
Home Common Area or Town Home Amenities, then for the payment of any obligations incurred by the
Trustee in the operation, maintenance, repair and upkeep of such properties, then distributed equally
among the Lot and/or Unit Owners.
Subject to Article XIV, Section 3 below, these Bylaws may be amended, at a regular or special
meeting of the Members, by a vote of a majority of the members present, in person or by proxy. No
such new Bylaw amendment or repeal shall in any way affect the Declarant unless the Declarant has
given its prior written consent thereto.
Section 1. Committees.
(a) Nominating Committee. The Town Home Board shall appoint a Nominating Committee as
provided in these Bylaws.
(b) Other Committees. The Town Home Board shall appoint other committees as deemed
appropriate.
Section 2. Fiscal Year. The fiscal year of the Town Home Association shall begin January 1 of each year
and end on December 31 of the same year, except that the initial fiscal year shall begin on the date of
the Town Home Association's incorporation.
Section 3. FHA/VA Approval. As long as there is a Class B member and a Lot and/or Unit that is
encumbered by a mortgage insured by the FHA or guaranteed by the VA, the following actions require
approval of the FHA or the Veterans Administration, as the case may be:
(a) annexation of additional land (not otherwise in conformance with any development plan as
approved by FHA and for VA),
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(b) mergers and consolidations of the Town Home Association,
(c) mortgaging of any portion of the Town Home Common Area or Town Home Amenities,
(e) amendment of the Town Home Association's Articles of Incorporation or Bylaws, and,
Section 4. Enforcement.
(a) Methods. The Town Home Board of Directors shall have the power, at its sole option, to
enforce the terms of this instrument or any Rule or Regulation promulgated pursuant thereto, by any or all of
the following: self-help; by sending notice to the offending party to cause certain things to be done or undone;
by restoring the Town Home Association to its original position and charging the breaching party with the
entire cost or any part thereof; by taking any other action before any court, summary or otherwise, as may be
provided by law or equity.
(b) Fines. The Town Home Board of Directors shall have the right to levy fines for violations of
any Rule or Regulation of the Town Home Association or for any covenants or restrictions contained in the
Declaration or Bylaws of the Town Home Association, provided that the fine for a single violation may not
exceed the limits set in the Declaration, or in the absence of such limits, $100 for each day of the infraction
and for each subsequent violation. Any fines levied are to be considered assessments levied against
the particular Member and Lot involved and collection may be enforced by the Town Home Board of
Directors in the same manner as the Town Home Board of Directors is entitled to enforce the collection
of other assessments. Fines may be levied against the Member's tenant and the Member shall be jointly
and severally liable with his tenant for the payment of same. In the event the Town Home Board of
Directors seeks legal counsel for collection of any assessments, dues or fines, then the defendants shall
be responsible for payment of reasonable attorney's fees of the Town Home Association, plus interest and
costs of collection.
(c) Waiver. No restriction, condition, obligation or covenant contained in these Bylaws shall
be deemed to have been abrogated or waived by reason of the failure to enforce the same irrespective of the
number of violations or breaches thereof which may occur.
(d) Cause of Action Against Town Home Association and Directors. Members and Declarant
shall have a cause of action, to the extent permitted by the laws of this State, against the Town Home
Association and Directors for failure to act in accordance with the Declaration, Articles of Incorporation, these
Bylaws, or the Rules and Regulations governing the Community or any formal decisions of the Town Home
Association.
Section Five. Conflict. Despite anything to the contrary herein, if any provision of this Instrument is in conflict
with or contradiction of the Declaration, or with the requirements of any law, then the requirements of the
Declaration or law shall be deemed controlling.
Section Six Invalidity. The invalidity of any part of these Bylaws shall not impair or affect in any manner the
enforceability of the balance of the Bylaws, or affect in any other manner the balance of the Bylaws.
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I hereby certify that the foregoing is a true and accurate copy of the BYLAWS adopted by the Board of
Directors of PARK PLACE HOMEOWNERS ASSOCIATION, INC.
______________________________________________
Secretary
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