CC&R ARTICLE 11: MANAGEMENT BY BOARD

Section 3 - Powers of the Board/Association

All powers of the Association, as administered by the Board, must be exercised in accordance with the specifications which are set forth in the Bylaws The Board, for the benefit .of all the Properties and the Lot Owners, shall enforce the provisions of this Declaration and the Bylaws. In addition to the duties and powers imposed by the Bylaws and any resolution of the Association that may be hereafter adopted, the Board shall have the power and be responsible for the following, in way of explanation but not limitation.

Insurance - Obtain policies of insurance for Common Areas and Common Maintenance Areas The Wilderness Hollow II Homeowners' Association shall maintain in full force and effect, a general "all risk" liability policy in the face amount of not less than One Million and No/100 Dollars ($1,000,000 00), naming the Association, the Declarant, and all Lot Owners as additional insured The requirement to name Declarant and its members as an additional insured shall cease at such time as Declarant is no longer a voting member of the Association
Legal and Accounting Services - Obtain legal and accounting services if necessary, to the administration of Association affairs, administration of the Common Areas and Common Maintenance Areas, or the enforcement of this Declaration. Institute, defend, or intervene in litigation or administrative proceedings in its own name on behalf of itself of two or more Owners on matters affecting the Homeowners' Association, but not on behalf of Owner(s) involved in disputes that are not the responsibility of the Association
Maintenance - Pay from Association funds, all costs of maintaining the Common Areas and Common Maintenance Areas
Maintenance of Lots - Subject to the requirements of Article 9, Section 3, maintain any Lot if such maintenance is reasonably necessary in the judgement of the Board to (1) protect 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 within a reasonable time after written notice of the necessity of such maintenance has been 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.
Discharge of Liens - The Board may also pay any amount necessary to discharge any hen or encumbrance levied against the entire Properties or 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 hens, they shall be jointly and severally liable for the entire cost of discharging the lien(s) and all of any costs or expenses, including reasonable attorney fees and costs of title search incurred by the Board by reason of such lien or hens. Such fees and costs shall be assessed against the Owner or Owners and the Lots responsible to the extent of then responsibility.
Utilities - Pay all utility charges attributable to Common Areas and Common Maintenance Areas.
Security - Pay all costs 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.
Right to Contract - Have the exclusive right to contract for goods, services, maintenance, and capital improvements provided, however, that such right of contract shall be subject to the provisions of this Declaration.
Improvement of Common Areas and Common Maintenance Areas - Improve the Common Areas and Common Maintenance Areas with capital improvements to such Common Areas and Common Maintenance Areas, provided that for those capital improvements exceeding Five Thousand and No/100 Dollars ($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 (subject to nonce and quorum requirements as set forth in Article 8, Section 5 herein).
Right of Entry - Enter any Lot or Residence, when reasonably necessary, in the event of emergencies or in connection with any maintenance, landscaping or construction for which the Board is responsible Except in 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 Owners as practicable, and any damage caused thereby shall be repaired by the Board, at the Association's 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 the 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 that 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
Promulgation of Rules - Adopt and publish any rules and regulations governing the members and their guests and establish penalties for any infraction thereof
Declaration of Vacancies - Declare the office of a member of the Board to be vacant in the event that a member of the Board is absent from three (3) consecutive regular meetings of the Board, or from a single annual meeting in the event the Board meets annually.
Employment of Manager - Employ a manager, as independent contractor, or such other employees as the Board deems necessary and describe the dunes of such employees.
Payment for Goods and Services - Pay for all goods and services required for the proper functioning of the Common Areas and Common Maintenance Areas.
Adopt and amend budgets for revenues, expenditures, and reserves, and impose and collect assessments for common expenses from Owner(s)
Bank Account / Financial Records - Open a bank account on behalf of the Association and designate the signatories required, and perform accounting functions as set forth below
1. The Association of its managing agent shall keep financial and other records sufficiently detailed to enable the Association to fully declare to each Owner the true statement of its financial status All financial and other records of the Association, including, but not limited to checks, bank records, and invoices, in whatever form they are kept, are the property of the Association Each Association managing agent shall turn over all original books and records to the Association immediately upon termination of the management relationship with the Association, or upon such other demand as is made by the Board of Directors An Association managing agent is entitled to keep copies of Association records All records with the managing agent has turned over to the Association shall be made reasonably available for the examination and copying by the managing agent.
2. All records of the Association, including the names and addresses of Owners and other occupants of the Lots, shall be available for examination by all Owners, holders of mortgages on the Lots, and their respective authorized agents on reasonable advance notice during normal working hours at the offices of the Association or its managing agent The Association shall not release the unlisted telephone number of any Owner The Association may impose and collect a reasonable charge for copies and any reasonable costs incurred by the Association m providing access to records.
3. At least annually, the Association shall prepare or cause to be prepared. a financial statement of the Association The financial statements of Associations with annual assessments of Fifty Thousand and No/100 Dollars ($50,000.00), or more, shall be audited at least annually, by an independent certified public accountant, but the audit may be waived if sixty-seven percent (67%) of the votes cast by Owners, in person or by proxy, at a meeting of the Association at which a quorum is present, vote each year to waive the audit.
4. The funds of the Association shall be kept in accounts in the name of the Association and shall not be commingled with the funds of any other association, nor with the funds of any manager of the Association, or any other persons responsible for the custody of such funds.
Dedication of Real Property or Easements - Dedicate Common Areas owned by the Association, pursuant to the limitations of Article 6, Section 1(c) of the Declaration. Also, grant easements or rights of use over, under or upon any Common Areas owned by the Association to public or private agencies, or to individual members of the Association for purposes deemed reasonable or appropriate in the sole discretion of the Board, so long as such easements or rights of use do not adversely affect the use and enjoyment of the Common Areas by the Association's members, as provided for in Article 6.
Exercise of Powers, Dunes and Authority - Exercise for the Association all powers, duties and authority vested in or delegated to the Association and not reserved to the membership by other provisions by the Bylaws, Articles of Incorporation, or this Declaration The Board shall have all powers and authority permitted to it under this Declaration and the Bylaws. However, nothing herein contained shall be construed to give the Board authority to conduct a business for profit on behalf of all the Owners or any of them.
Adopt and amend the Bylaws, rules and regulations of the association.
Exercise any other powers conferred by the Bylaws.
Exercise all other powers that may be exercised in this State by the same type of corporation as the Association.
Exercise any other powers necessary and proper for the governance and operation of the Association.

Section 4 - Limited Authority

This Article 11 subject to the provisions of Article 3.

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