| AMENDED AND RESTATED ARTICLES OF INCORPORATION
OF
PEPPER HILLS SUBDIVISION HOME OWNERS' ASSOCIATION, INC.
In compliance with the requirements of the laws of Idaho relating to
nonprofit corporations and acts amendatory and supplemental thereto,
including particularly Chapter 3, Title 30, Idaho Code (the Idaho
Nonprofit Corporation Act), the Directors of Pepper Hills Subdivision
Home Owners' Association, Inc., adopt the following Amended and
Restated Articles of Incorporation.
Article I: Name
The name of the corporation is PEPPER HILLS SUBDIVISION HOME OWNERS'
ASSOCIATION, INC., hereinafter called the "Association." The
Association may also do business as, and be known as, PEPPER HILLS
HOMEOWNERS ASSOCIATION.
Article II: Principal Office
The prinicpal office of the Association shall be 10400 Overland Road,
PMB 201, Boise, Idaho, 83709.
Article III: Purpose and Powers of the Association
The purpose of this Association shall be to:
- own and provide for maintenance, preservation and control of the
Common Areas as defined by the Declaration of Covenants, Conditions,
Restrictions and Easements for Pepper Hills (hereinafter the
"Declaration"), recorded in the office of the County Recorder of Ada
County, Idaho as Instrument No.95053177, 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.
- fix, levy, collect and enforce payment, by any lawful means, all
charges or Assessments (annual, special, or limited) reasonable or
necessary for its purposes, pursuant to the terms of the
Declaration;
- pay all expenses in connection with or incident to the conduct of
the business of the Association, including without limitation, all
office expenses and all licenses, taxes or governmental charges levied
or imposed against the property of the Association;
- acquire (by gift, purchase or otherwise), own, sell, hold, improve,
build upon, operate, maintain, convey, lease, transfer, dedicate for
public use or otherwise dispose of real or personal property in
connection with the affairs of the Association;
- borrow money, mortgage, pledge, deed in trust, or hypothecate any
or all of its real or personal property as security for money borrowed
or debts incurred, subject to those restrictions contained in the
Declaration and any amendments thereto;
- dedicate, sell or transfer all or any 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, subject to those
restrictions contained in the Declaration and any amendments
thereto;
- participate in mergers and consolidations with other nonprofit
corporations organized for the same purposes or annex additional
residential property and Common Area, subject to those restrictions
contained in the Declarations and any amendments thereto; and
- have and exercise any and all powers, rights and privileges which a
corporation organized under the Idaho Nonprofit Corporation Act may by
law, now or hereafter, have or exercise.
Article IV: Membership
Membership in the Association shall be as set forth in the Bylaws of
the Association. All Members shall be Owners of Lots within Pepper
Hills Subdivision, as that term is defined in the Bylaws.
Article V: Board of Directors and Officers
The affairs of the Association shall be managed by a Board of at least
three (3) Directors and such greater number as may be established in
the Bylaws of the Association, all of whom shall be Members of the
Association. No more than one Owner of any one Lot shall be a Director
at any given time. The officers of the Association shall be President,
one or more Vice-President, Secretary, and Treasurer, all of whom shall
be Directors.
Article VI: Dissolution
The Association may be dissolved with assent, given in writing and
signed by not less than two-thirds (2/3) of the Owners. Upon
dissolution of the Association, other than incident 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 the 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 similar purposes. No part of the
assets of such dissolution shall inure to the benefit of any Owner.
Article VII: Duration
The Association shall exist perpetually.
Article VIII: Registered Agent
The registered agent of the Association shall be its Secretary, whose
address shall be c/o Pepper Hills Homeowners Association, 10400
Overland Rd., PMB 201, Boise, ID 83709.
Article IX: Amendments
These Amended and Restated Articles may be further amended only by the
affirmative vote of two-thirds (2/3) of the votes cast at any annual
meeting of the Association or at any special meeting called for that
purpose at which a quorum is present, either in person or by proxy, or
by the vote of a majority of all Members with or without a meeting.
IN WITNESS WHEREOF, these Amended and Restated Articles of
Incorporation have been executed in Boise, Idaho, this ______ day
of _______________________ , 1998.
_____________________
A. Leon Blaser
_____________________
Bruce W. Blaser
STATE OF IDAHO )
) Ss:
County of Ada )
On this ____ day of ___________________ , 1998, before me, the
undersigned, a Notary Public in and for said State, personally appeared
A. Leon Blaser and Bruce W. Blaser, known to me to be the persons who
executed the foregoing instrument on behalf of Pepper Hills Home
Owners' Association and acknowledged to me that such Association
executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in this certificate first above written.
____________________________
Notary Public for Idaho
Residing at ___________________________ , Idaho
My Commission Expires: ________________________
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