1. I am the President of Canyon Crest Villas Homeowners Association ("Association"). I have personal knowledge of the following facts and I am competent to testify to their truth if called as a witness.
2. The Bylaws of Canyon Crest Villas Homeowners Association ("Bylaws"), attached as Exhibit "A" are the governing Bylaws that have been in use by the Association since its formation October 1978.
3. The Association's records do contain a signed, but not dated, Certificate of Secretary, which is the last page of the Bylaws.
This statement was executed on Mrt(J.L.h J-;).._ , 2014, at West Covina, California. ~ RdfanaAfbert 829183v1 EXHIBIT "A" DISCLOSURE, as provided for in amended Gov. Code § 12956.1: If this document contains any restriction based on race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, familial status, marital status, disability, genetic information, national origin, source of income as defined in subdivision (p) of Section 12955, or ancestry, that restriction violates state and federal fair housing laws and is void, and may be removed pursuant to Section 12956.2 of the Government Code.
Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status.
829183v1 BY-LAWS OF : ; ...
CMiYON CREST VILLAS HOMEOWNERS ASSOCIATION ARTICLE I GENERAL PROVISIONS . ' Section 1. Name. The narne of the association is -The principal office of the Association s.hall-be .at such place ..
in the County'of Los Angeles as the Board of Directors may designate from time to time.
The principal office of the Association s.hall-be .at such place ..
in the County'of Los Angeles as the Board of Directors may designate from time to time.
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and Restrictions establishing a plan for condominium ownership, as amended from time to time ("Declaration") recorded in the nection with that certain condominiu:!' project (uProj ect") described as Parc~l of Parcel Map in the additional properties as may be annexed to .the Project and broug~t within the jurisdiction.of the Association.
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Section 3. Personal Application. All present or future owners, tenants, future tenants, or their eoployees, or: any other persons who own or use-the facilities of the Proje.c;;t in ·:any manner, are subject to the regulations :set forth in these By-La-.;...,.s, the Articles and the Declaration. -The acceptance of a deed' or conveyance or the entering into of a lease or ..
the act of o~cupancy of a unit shall constitute an acceptance UNIT . 0\-1NERS . .
Section 1. Annual Meetings. The fir'st organization .. . meeting of the voting owners shall be'held' within forty.:.five - .
UNIT . 0\-1NERS . .
Section 1. Annual Meetings. The fir'st organization .. . meeting of the voting owners shall be'held' within forty.:.five - .
condominiums in the Project, and in no event later t~an six (6) months from the t;ransfer. and conveyance of' the first con dominium in the Project. Thereafter, annual meetings of such owners shall be held on· the same day of each yea-r: as determined by the owners at the fi:~st organizational mee-::ing. If the day for the annual meeting of the owners is a legal holiday, t:he meeting will be hel-:i at the same hour on :he first day follow~ng, which is not a legRl holiday. At such meeting there consisting of five;· (5) persons. The owners may also transact such other business of the Associa ·tion as may properly come of the president to call a special. meeting of the owners if so directed by a majority-of the Board of Directors, or upon a peti·tion signed and presented to the secretary by owners holding twenty-five per cent (25%) of the vo.ting power-, or by owners (excluding Declarant) holding fifteen per cent (15%) of the voting power. The notice of the special ·meeting 'shall .state the ti~e. place and.purpose thereof. No business shall be transacted at a special meeting except as stated in the . ·.notice unless by .consent of owners holding at least fifty-one' /
ransacted at a special meeting except as stated in the . ·.notice unless by .consent of owners holding at least fifty-one' / Section 3. Notice of Meetings~ Written notice of :r:_ ....
each annual or spec'ial meeting of the owners shall be given ·by or at the direction of, the secretary by mailing a copy of such notice, postage prep::Lid, to each of said owners. Said notice shall be given not less than ten (10) days ·(except in to the fixed date for said meeting. The mailing of a notice in the manner provided in this Section shall be considered service of notice.
Section 4. Adjourned Meetings. lf any meeting of the meeting to a time not less than five (5) days nor more than thirty (30) days from the time the original meeting was .called.
Section 5. Place of Meetings. Meetings of the Association shall be held at the principal office of .the Project convenient to the owners as may be designated by the Board of Directors.
Section 6. Voting Owners. Each unit owner shall designate one (1) voting mmer. There shall be. only one voting ' owner for each unit mmership. The voting· owner shall be notice to the Board of Directors or the manager and ne·ed not himself be an owner. Said designation .o.f a. voting owner shall Direc·tors or the manager of the death .. or judicially d.eclared
ne·ed not himself be an owner. Said designation .o.f a. voting owner shall Direc·tors or the manager of the death .. or judicially d.eclared incompetence of any record owner or by written instrument delivered to the Board of Directors or the manager by any record has been made but is.revoked and no new designation .made, the ') ,_) record owners. If the joint owners are unable to ~gree as on the matter in questiqn. If any owner exercises the voting :rights of a particular unit, "it will be. conclusively presumed for all purposes that he was acting with the authority and consent of all other owners of the same unit. If more than one (1) person exercises the voting rights for a particular condominium, their votes shall not be counte.d and shall be deemed void.· Section 7. Voting Rights. The. Association shall have two classes of voting membership: Class A. The initial Class A memb~rs \ owned by' them. When more than one such person holds such interest iri any condominium, alt such persons shall be rr,embers. The vote for such unit shall be exercised as they, among themselves determine, but in no event, shall more than one vote be cast with respect to any such ·condominium.
Class B. The Class B member shall be Declarant. The Class B member shall be entitled to three (3)
es determine, but in no event, shall more than one vote be cast with respect to any such ·condominium.
Class B. The Class B member shall be Declarant. The Class B member shall be entitled to three (3) votes for each condominium own~d by it, provided that the Class B membership shall cease and be convert2d to Class A rnernbersh~p 5.
on the happening of either of the following events, whichever ·occurs ea,rlier: A. ).J.hen the total votes outstanding in :: the Class B membership; or .
B. ·On June 30, 1981.
Section 8. Majority of Owners. As used in these I • power of the Project.
Section 9. Quorum. Except as otherwise provided in these By-Laws, the presence in person or by p.roxy of O'i.·mers un.i.t owners • Section 10. Proxies. At all meetings each owner may vote in person or by proxy. All .proxies shall be ·in writing and filed with the secretary before the appointed time of each meeting. Every proxy shall be revocable and shall automatically cease upon conveyance by the owner of his unit.
Section 11. Consent of Absentees .. The transactions of any meeting of members, either organization. annual or special~ however called and noticed, shall be as valid as though had at a meeting duly held after regular call and notice, if a ,',!I ) ..
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before or after the meeting each of the members entitled to
ar call and notice, if a ,',!I ) ..
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before or after the meeting each of the members entitled to vote and not present in person or .bY. proxy, signs a written waiver of notice, or a consent to the holding of such meeting, or an approval of the minutes ~hereof. All such waivers, consents, or· approvals shall be filed with the records of the Association, or made a part of the minutes of the meeting.
Section 12. Action t.Jithout Meeting. Any action which under the provisions of the California Corporations Code who would be entitled to vote at a meeting for such purpo:s;e.
and filed with the S~cretary of the Association.
Section 13. Order of Business. The "order of business at all meetings of the owners of units shall be as follows: A.. Roll·call; B. Proof of Notice of meeting; c. Reading . of mihut:es of precedin5 I"leeting, -unless waive D. Reports of officers; E. Reports of committees; F. Election of inspectors of election (tvhei'. so required) G.
H. I. Election of members of the Board so required); Unfinished business; and.
New business.
ARTICLE III BOARD OF DIRECTORS of Dire·ctors of the Association shall be governed by· a Board of Directors (when in the Project until conversion of Class B membership to Class ..
A, after which time all Directors must be owners of units in the Project or the nominee of any corporate unit owner. The number of Directors may be increased or decreased from time
bership to Class ..
A, after which time all Directors must be owners of units in the Project or the nominee of any corporate unit owner. The number of Directors may be increased or decreased from time to'· :these By-Laws.
Section 2. Powers and Duties. Subject to the limi tations of the Articles, these By-Laws and the Declaration as to action required to be taken, author~zed or approved by the members'of the Association, or a portion or percentage set forth in the Declaration shall. be exercised by, or under ehe auchority of the Board of Directors and the business and Without limiting .the. generality of the foregoing, the Board shall: . . . ' A. :Exercise for-the Association all powers, duties, ·and authority vested in or delegated to the the Declaration or.otherwise.
B. Cause the common area within the Project and the improvements, facilities, structures and land scaping thereon to. be operated, ·protected and maintained and procure and pay for the liability and hazard insurance, together with such other insurance as may be required by the Declaration. -:~ ,' ·, I ., i j uniform rules and regulations governing the units and the use the Association and the personal conduct of members and their guests, servants, tenants, invitees ., and family members thereon in the manner provided for by the Declaration.
D. Establish, levy, assess and collect
on and the personal conduct of members and their guests, servants, tenants, invitees ., and family members thereon in the manner provided for by the Declaration.
D. Establish, levy, assess and collect the assessments or charges referred to in the Declaration in . .
whether assessments have been paid as required by the Declaration~ arid enf,orce timely payment of such assessments in the manner set forth in the Declaration. The maintenance · of the common so ·made and collected .'
E. In the event that any member of.
the Board of Directors of :his Associ~tion shall be absent Dir~ctors, the Board may, by action. taken at the meeting ,.during ...
; which said fourth absence occurs, declare the office of said absent Director to be vacant.
F. The Board may employ a manager, .
necessary and prescribe their duties,. an·d entet: into contracts and agreements for the purpose of providing for the performance of its powers to such persons or entities as the Directors necessary.
G. Cause to be kept a complete record of all of .its ·acts and corporate .affairs .and present a statement thereof to the members at the annual meeting of the·members H. Supervise all officers, agents and · ..
orporate .affairs .and present a statement thereof to the members at the annual meeting of the·members H. Supervise all officers, agents and · ..
employees of tne Association, and see that their duties are properly performed.
-al.l officers, . agents and employees of the Association, pre.scribe and pay the premit:.ms for fi.delity bonds as required by the Declaration.
ments for the Association as prescribed in the governing in struments of the· Project.
K. Initi:1te and carry out disd_plina .ry proceedings against members of the Association for violations . -.-. :,.
I . .J (:; I '"'--~ . of provisions of the governing instruments of the Association ' in accordance with procedures set forth therein.
L. Have the author:ity .. to. con.tro.l ... .-th.e' Project.
Section 3. Election and Term of Office. At the first meeting of the owners, five (5) persons shall be elected to the Boa,rd to serve until the first ann_ual meeting of the elect Directors for a term of one (1) year. Directors shall unit owners.
Section 4. Vacancies. Vacancies in the Roard ofDirector · by a vote of the -owners shall be filled by vote of
Director · by a vote of the -owners shall be filled by vote of constitute less than a.quorum; ·and each person so elected shall be a Director until a successor is elected at the ne~t annual · mE7eting of the Associ-ation.
Section 5. Removal of Directors ." At any .regular or special meeting duly called, any one or more of the Directors may be removed from office by a vote of ·a. majority of che owners r subject to the provisions of cumulative voting as hereinafter provided.
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Section 6'. Organization Meeting. The first meeting of the newly elected Board of Directors shall be held within three (3) days of their election at the organization meeting of t1lil.e owners at such place as shall·be fixed by the. Directors.
No n6tice shall be necessary to the newly el~cted DiTectors in order legally to constitute such meeting, providing a majority of the whole Board shall be present. · Section 7. Regular Meetings. Regular meetings of the Board of Directors may be held at such time and place as three months. Notice o.f the time and place of the regular meeting:s of the.Board-of Directors, shall be given to each Director personally or by. mail,· te-lephone, or telegraph at least seven (7) days prior to the date named for such meeting and such the CO!f'IIDO!! a Tea.
the Board of Directors may be called by the president .0r by any two (2) Directors on three (3) days notice to each Director,
in the CO!f'IIDO!! a Tea.
the Board of Directors may be called by the president .0r by any two (2) Directors on three (3) days notice to each Director, given personally or by mail, ·telephone, or telegraph, which and the purpose of the meeting. Such notice shall be posted . at a prominent place or places within the common area.
12. .. ) ''• .,_./ -·-' S~ction 9. Owners Attendance at Meetings. Regular and special .meetings of the Board of Directors shall be open to all members of the Association; provided, however, tha.t: the Association members who are not on the governing body may not participate in any deliber~tion or discussion unless expressly so authorized by the ·vote of a majority of a quorum of the Boar,d of Directors.
The Board of Directors may, with the a meeting and;reconvene in executive session to discuss and vote upon personnel matters, litigation in 'l.llhich the Associa ·tion .is or may become involved and orders of business of a similar in executive session shall first be announced in open session.
meeting of the Board of Directors any Director may, in ·Nriting, waive notice of such me~ting and such waiver shall be deemed equivalent to the giving of such notice. Attendance ~y a Director at any meeting of the ~oard .shall be a waiver of notice by him of the time and place. thereof. If all of the Directors are present at any meeting ,6f the Board, no notice shall be
aiver of notice by him of the time and place. thereof. If all of the Directors are present at any meeting ,6f the Board, no notice shall be Section 11. Bo~rd of Directors' Quroum. At all meetings of the Board of Directors . a majority of the Directors 13.
shall constitute a quorum for the transaction of business, and the acts of the majority of the Directors present at a meeting at which a quorum is present shall be the acts of the present may adjourn the meeting from time· to time. At any such adJourned l!leeting, any business which might have been transacted at the meeting as originally c;alled· !!lay be transacted without further notice.
' ' Section 12. Fidelity Bonds. The Board of Directors shall require that all officers and employees of the Association ~andling or responsible for Association funds shall furnish .adequate fidelity bonds. The premiums on such bonds shall be paid b~ the Association.
-Section 13. Finan'cial Statements~ The Board of Diit7-ectors or a designated representative thereof shall furnish to each unit c;>wner the-following financial statements o'f the Association: A. A balance sheet as of an ac~ounting date which shall be the last.day of the month closest in time to six (6) months from the date of.closing of the firs~ sale of a condominium in the Project·to a member Of the Association and an operating 'statement for the accounting period fTorn the aforesaid date of first closing 'to th~ aforesaid accounting 14. -..., ' I :,) date. The operating statement shall include a schedule of assessments received or receivable, itemized by unit numbe,r
said date of first closing 'to th~ aforesaid accounting 14. -..., ' I :,) date. The operating statement shall include a schedule of assessments received or receivable, itemized by unit numbe,r . sheet ·and the operating statement shall be distributed within sixty (60) days after the accounting dates.
B. Within ninety (90) days after th~ . . of the Association's fiscal year and an qp~rating statement for said fiscal year.
C. A profonua operating statement (budget) .for each fiscal year shall be distributed not less than sixty (60) days before the beginning of the fiscal year.
For any fiscal year.in which the Association has gross receipts in excess of $75,000, the fiscal . x~ar !inancial statements shall be prepared by an independent publi.c accountant.
Section 14. Liability of Board of Directors. The members of the Board of DiTectors shall nat be liable to the except for their ow:n individual willful misconduct .or..bad .faith.
The unit owners shall inde'lii'lify and hold harmless each member to others- ~rising out of contracts made for the benefit of the Association.
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ARTICLE IV Cill1ULATIVE VOTING Each owner entitled to vote in any election for a of votes equal to the number of Directors ·to be elected or .
distribute his votes on the same principle among as many can-di dates as he se~s fit. The candidates receiving the highest
date a number.
of votes equal to the number of Directors ·to be elected or .
distribute his votes on the same principle among as many can-di dates as he se~s fit. The candidates receiving the highest ~hall be deemed elected.
· The entire Board of Directors or any individual Director . may be removed by a vote of the voti-:1g owners holding a majority of the voting power in the project. For the purpo~e of this and, thus, no Director may be removed unless the affirmative number of votes required to-elect a Director under cumulative meetin'g.
All voting shall be by secret written ballot.
herein or in the-Declaration or in the Articles of Incorporation, .~ ' do not haver 'a sufficient percentage of the voting power of the Association to elect at least one Director even tho~gh shall only.be allowed to vote for a number of Directors equal to one less than the total number of Directors to be elected at such meeting; ·and (b) a Director who has been elected to offic~ solely by the votes of owners other than Declarant may by the vote of a majority of the voting power residing in owners
to offic~ solely by the votes of owners other than Declarant may by the vote of a majority of the voting power residing in owners other than Declarant.
ARTICLE V OFFICERS Section 1. Designation. The principal .offic·er.s ...
and a chief financial officer and such other officers as the Board may create from time to time by resolution.
Section 2. · Election of Officers. The officers of the Association shall be elected annually by the Board of Directors ·at the. organization meeting of each new Board and shall hold.office for one (1) year unless he shall sooner resign or shall be removed or otherwise disqualified to serve.
Section 3. Resignation and Removal of Officers.
Upon an affirmative vote of a majority of the members · of the.
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I I I I I I I I I I .. Board of Directors, any officer may be ~emoved, either with or without cause, and his successor elected at any regular meeting of the Board of Directors or at any special meeting .
6-f the Berard called for such purpose. Any officer may resign at any time by giving notice in writing to the Boa~d, the president, or the secretary and his successor may be elected at ·-any regular or special meeting of the, Board of Directors.
Section 4. President. The president shall be the chief executive officer of th~ Association. He .shall preside .
usually vested in the office of the president of an Association, including but not limited to the power to appoint committees
irectors~ usually vested in the office of the president of an Association, including but not limited to the power to appoint committees from among the oWners from time to time as he may in his disaffairs ~f the Association.
Section 5. Vice-President. The vice-president shall take the place of the president and perform his duties whenever the president shall be absent or unable to act. If neither · the president n~r the vice-president is able to act, the Board of Directors shall appoint .some other member of the Bo~rd to so do on an interim basis.. The vice-president shall also perform such other duties as shall from time to time.be imposed .upon .• ... J the minutes of all meetings of the Board of Directors and the .
minutes of al.l meetings of the Association; he shall hav·e'-charge and he shall, in general, perform all of the duties incident to the office of secretary. · Section 7. Chief Financial Officer. The chief financial of.ficer shal:! .. have responsibility for Associatio.n funds and shall' b.e responsible for keeping full and accurate accounts of. all ·receipts and disbursements in books beloneing to the Association. He shall be responsible for the deposit of all monies and other valuable effects in the name, and to the credit1 I time be designated by the Board of Directors.
ARTICLE VI INSPECTION OF BOOKS AND RECORDS Section 1. R:i.gh!:.s of Members .. The ·membership register.
I time be designated by the Board of Directors.
ARTICLE VI INSPECTION OF BOOKS AND RECORDS Section 1. R:i.gh!:.s of Members .. The ·membership register.
books of account and minutes of meetings .of .the members of of the Board of Directors of'the Association shall.be.made available for inspection and copying by any member of tbe As sociation or by his duly a?pointed repres.entative, at any reasonable time and for a purpose reasonably related to his inte:cest as a member ~ at t':1e office of the Association or at 19.
such other place within the Project as the Boird of Directors shall prescribe.
' Section 2. Adoption of Rules. The Board of Director. ·s shall .e-stablish reasonable rules with respect to: (1) .Notic.e to be give~ to the custodian of the records by the member desiring to make the inspection; (2) Hours and days of the week when of reproducing copic::s of documents requested by a member.
Section 3. Rights of Directors. Every.Director all books. records and documents of the Association and the physical .properties owned or controlled by the Association.
The right o.f inbpectirm by a Dir.ector includes the right to ARTICLE VII AMENDHENTS TO BY-LAI~S AND ·ARTICLES OF INCORPORATION These By-Laws and/or the Articles of Incorporation may be-modified or amended in any manner by the vote or written in the P-roject of each class of membership at a_rneeting of
ncorporation may be-modified or amended in any manner by the vote or written in the P-roject of each class of membership at a_rneeting of unit o.wners duly held for such purpose; provided, however, that the percentage of the voting po\ver necessary to amend a specific Article, clause or provision shall not be less than ·the prescribed percentage of affirmative votes required for action to be taken under such Article, clause or provis~on.
ARTICLE VIII CONFLICTS ments of Sections 1350 through 1359 of the Civil Code of the State of California. In case·any of these By-Laws, the Articles or the Declaration conflict .with the provisions of :said statutes, of any conflic·t between these By-La,.,rs and the Articles, the /· Articles shall control and in the event of any conflict between ~ shall control.
ARTICLE XI .
EVIDENCE OF_ MEMBERSHIP, SEAL .have the power, but nqt the obligation, to cause .. the issuance of evidence of the mernbe~ship in the Association to the members thereof in such form as the Board sha-ll determine.
Section 2. Se.9.L The Association ·. shall .. have a seal.
in circular form having within its circumference the name of the Association, its date o~ incorporation and such other matters as may be required by th~ laws of the State of California.
I I -ARTICLE XII MISCELLANEOUS or other :;<orders for payment of money, notes. or .other evidences
required by th~ laws of the State of California.
I I -ARTICLE XII MISCELLANEOUS or other :;<orders for payment of money, notes. or .other evidences of indebtedness, issued in the name Qf or payable to the Association, shall be signed or endorsed by such person or persons and in such manner as. from time to 'time, ·shall be determined by 'the resolution of the Board.
~ection 2. Contracts, Etc. r How Executed .. The Board.
except as in the By-Laws otherwise provided •. may authorize any officer or officers, agent or agents, to enter into any contract or execute any instrument in the name and on behalf of the Association, and such authority may J?e general or -confined power or authority to bind the Association by contract or engagement or to pledge.its credit or to render it liab~e for .any purpose or to any amount.
Section 3. Compensation of Officers and/or Directors.
The Board of Directors may not, withou~ the vote or written assent of a majority of the _voting power of the of its members or to officers of the Association for services performed in the conduct of the Association's bu.:dness. A 22. .. J I -"' member of the Board or an .officer may,. however, be reimbursed for actual expenses incurred in. the performance of his duties Section 4. Invalidity. . The invalidity of .any· part of these By-Laws shall not impair or affect in any manne-r the validity, enforceability, or effect of the remainder of these By-Laws.
Section 5.. Captions. The captions· herein are inserted
.any· part of these By-Laws shall not impair or affect in any manne-r the validity, enforceability, or effect of the remainder of these By-Laws.
Section 5.. Captions. The captions· herein are inserted qnly·as a matter of convenience and for reference and in no way d~fine ; limit or describe the scope of these By-Laws or the intent 'of any provision thereof.
Section 6. Waiver. No restriction, condition, oblito have been abrogat~d. or waived by reason of a.ny failure to enf:or.:ce the same, irrespective of .the number of violations ;!:.
herein or the context otherwise requires, the names, words and phrases used herein shall have the same meaning as SE7C are incorpo_ra ted herein by this reference.
Section B. Fiscal Year. The fiscal year of the Association shall begin on the first (lst) day of January and ! f, incorporati -on.
DATED: ' ' l ' : : .
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· .. J .( the -,duly elected and acting secretary of CANYON CREST. V:,]Ll..AS HOt1EOWNERS ASSOCIATION and that the foregoing By-Laws constitute ~he original By-Laws of said Association as duly adopted at
t I am the -,duly elected and acting secretary of CANYON CREST. V:,]Ll..AS HOt1EOWNERS ASSOCIATION and that the foregoing By-Laws constitute ~he original By-Laws of said Association as duly adopted at a meeting of the Board of Directors held on· the day ---of 19 --IN WITNESS WHEREOF, I have .hereunto subscribed my ,· 25.
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