Section 1. Powers. The Board of Directors shall have power to:

(a) Adopt and publish rules and regulations governing the use of Common Maintenance Areas, and the personal conduct of the Members and their guest thereon, and to establish penalties for the infraction of:

 

(b) Suspension of voting rights of a Members during any period in which such Members shall be in default in the payment of any assessment levied by the Association. Such rights may also be suspended after notice of the hearing, for a period not to exceed sixty (60) days for each infraction of published rules and regulations;

 

(c) Exercise for the Association all powers, duties and authority vested in or delegated to this Association and which are not reserved to the membership by other provisions of these Bylaws, the Articles of Incorporation, or the Declaration.

 

(d) Declare the office a member of the Board of Directors to be vacant in the event of such member shall be absent from the 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 there duties.

 

(f) Approve the addition of real property in this Association, provided such additional property is subject to the same, Covenants, Conditions and Restrictions that apply to similar property within the Association; AND approve the release of property from the Association and the Covenants, Conditions and Restrictions. However, such additions or deletions must also be approved by at least two-thirds (2/3) of the voting members of the Associations, as well as the Declarant.

 

Section 2. Responsibilities. The board of Directors shall have the power and responsibility to:

(a) Enforce the provisions of the Declarations of these Bylaws;

 

(b) Cause to be kept a record of all Associations acts and corporate affairs, including, but not limited to corporate finances;

 

(c) Supervise all offices, agents and employees of the Associations, and see that their duties are properly performed;

 

(d) As more fully provided for in the Declaration, to:

 

(1) Fix the amount of annual assessment against each Lot as least thirty (30) days in advance of each annual assessment period;

 

(2) Send written notices to each assessment to every Owner subject thereto at least thirty (30) days in advance of each annual assessment period; and

 

(3) Foreclose the lien against any property for which assessments or other charges are not paid within thirty (30) days after the due date or to bring an action at law against the Owner personally obliged to pay the same.

 

(4) To take such action, as the Board deems appropriate, to collect any other funds owed to the Association by Association Members by the third parties, including recording and foreclosing any liens upon Member's Lots for assessments or other charges due the Association.

 

(e) Issue, or to cause an appropriate officer to issue, upon demand of 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 shall be conclusive evidence of such payment:

 

(f) Obtain polices of insurance for Common Areas of Common Maintenance Areas in the Board deems Appropriate.

 

(g) Obtain legal and accounting services if necessary to the administration of the Common Areas and Common Maintenance Areas, or the enforcement of the Declaration or these Bylaws.

 

(h) Pay, from Association funds, all cost of maintain the Common areas or Common Maintenance Areas.

 

(i) If necessary, maintain any Lot if such maintenance is reasonably necessary in the judgment if the Board to (1) protect the Common Areas and Common Maintenance Areas, or (2) to preserve the appearance and value of the Properties or Lot. The Board may authorize such maintenance activities if the Owner or Owners of the Lot have failed or refused to perform maintenance after written notice of the necessity of such maintenance has be delivered by the Board to the Owner or Owners of such lot provided that the Board shall levy a special assessment against the Owner or Owners of such Lot and the Lot for the cost of such maintenance. The owner shall be given the period to perform maintenance following notice from the Board as is required by the Declarant or these Bylaws, or, in the absence of a provision stating a specific notice period, a reasonable time.

 

(j)

(1) The board may also pay any mount necessary to discharge any lien or encumbrance levied against the entire Properties of any part thereof which is claimed or may, in the opinion of the Board, constitute a lien against the Properties rather than merely against the interest therein of particular Owners. Where one or more Owners are responsible for the existence of such liens, they shall be jointly and severally liable for the cost of discharging it and any cost or expenses, including reasonable attorneys' fees and cost of the title search incurred by the Board by reason of such liens or liens. Such fees and cost shall be assessed against to Owner or Owners and the Lot responsible to the extent of there responsibility;

 

(2) This section 2(j) of Article VII shall not affect the right of any Owners, jointly and severally liable to the Association, to the right of contribution from other Owners also jointly and severally liable under this section 2(j), for sums paid to the Association under this section 2(j)

 

(k) Pay all utility charges attributable to Common Areas or Common Maintenance Areas;

 

(l) Pay all cost deemed appropriate by the Board to ensure adequate security for the Lots and Common Areas and Common Maintenance Areas constituting the residential community created on the properties;

 

(m) Have the exclusive right to contract for goods, services, maintenance and capital improvements provided, however, that such right of contract shall be subject to Association approval;

 

(n) Improve the Common Areas and Common Maintenance Areas with capital improvement to such Common Areas and Common Maintenance Areas; provided that those capital improvements exceeding $5,000.00, the addition of such capital improvements to the Common Areas and Common Maintenance Areas must be approved by two-thirds (2/3) of the Members of the Association who are voting in person or by proxy at a meeting duly called for this purpose;

 

(o) Enter any Lot or Residence, when reasonably necessary, in the event of an emergencies or in connection with any maintenance, landscaping or construction for which the Board is responsible. Except for cases of emergencies, the Board, its agents or employees shall attempt to give notice to the Owner or occupant of any Lot or Residence 24 hours prior to such entry. Such entry must be made with as little inconvenience to the Owner as practicable, and any damage cause thereby shall be repaired by the Board, at Association expense, if the entry was due to an emergency (unless the emergency was caused by the Owner of the Lot entered, in which case the cost shall be specially assessed to the Lot and against the Owner of that Lot). If the repairs or maintenance activities were necessitated by the Owner's neglect of the Lot, the cost of such repair or maintenance activity shall be specially assessed to that Lot and against the Owner of the Lot. If the emergency or the need for maintenance or repair was caused by another Owner of another Lot, the cost thereof shall be specially assessed against the Owner of the other Lot and against the other Lot;

 

(p) Adopt and publish any rules and regulations governing the Members and their guest and establish penalties for any infractions thereof;

 

(q) Declare the office of a member of the Board to vacant in the event that a member of the Board is absent from three (3) consecutive regular meeting of the Board;

 

(r) Employ a manager, independent contractor, or such other employee as the Board deems necessary and describe the duties of such employees;

 

(s) Pay for all goods and services required for the proper functioning of the Common Areas and Common Maintenance Areas;

 

(t) Impose annual and special assessments;

 

(u) Open a bank account on behalf of the Association and designate the signatories required;

 

(v) Exercise the Association of all powers, duties and authority vested in or delegated to the Association and not reserved to the membership by other provisions by these Bylaws, Article of Incorporation, or the Declaration. The Board shall have all powers and authority permitted to the Board the Declaration and these Bylaws. However, nothing