HOAproxy ← Westridge Homeowners Association

WRH By Laws

Westridge Homeowners Association · 20 pages
Open PDF
Page 1

10 BYLAWS OF WESTRIDGE HOMEOWNER'S ASSOCIATION OF DAVIE, INC.

A Corporation Not for Profit Under the Laws of the State of Florida ARTICLE I DEFINITIONS ' Section 1: "Association" shall mean and refer to WESTRIDGE HOMEOWNER'S ASSOCIATION OF DAVIE, INC. a nonprofit corporation organized and existing under the laws of the State of Florida.

Section 2: "Declaration" shall mean and Declaration of Covenants and Restrictions for Westridge as recorded refer to in the public records of Broward County, Florida, as supplemented and amended from time to time.

the Section 3: "Lot" shall mean and refer to a Lot as defined in the Declaration described in the Articles of Incorporation of the Association (the " Articles of Incorporation").

who Section 4: "Member" shall mean and refer to all those Owners are Members of the Association as provided Section 1, of the Articles of Incorporation.

in Article III, Section 5: "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of the fee simple title to any Lot.

Section 6: "Voting Member" shall mean and refer to all those Voting Members as described in the Articles of Incorporation.

Section 7: All other definitions from the Declaration or from the Articles of Incorporation are incorporated herein by this reference.

ARTICLE II LOCATION Section 1: Until changed, Association shall be located at 2521 Southwest 102nd Drive, Davie, the principal office of the Florida 33324.

ARTICLE III MEMBERSHIP Section 1: The membership of the Association is as set forth in Article IV of the Articles of Incorporation.

ARTICLE IV BOARD OF DIRECTORS Section 1: be The directors of the Association shall nominated and elected, or designated, as specified in the Articles of Incorporation, the Declaration and hereinbelow. The directors

Pages 1–2

RD OF DIRECTORS Section 1: be The directors of the Association shall nominated and elected, or designated, as specified in the Articles of Incorporation, the Declaration and hereinbelow. The directors may not be compensated by the Association for their services as such.

The procedure for the election of Directors shall be: President of the Association shall call The a meeting of the Voting Members, who shall hold a meeting in accordance with Roberts Rules of Order (latest edition) and shall nominate as many candidates for Director as they deem appropriate consistent with the Articles of Incorporation.

Upon the closing of such nominations, each Voting Member shall cast his allocated number of votes for as many nominees as there are directorships to be filled by such votes and the nominee (s) receiving the highest aggregate number(s) of the votes of all participating Voting Members shall be elected to the applicable Board of Directors' seat(s).

Section 2: The first meeting of the duly elected Board of Directors, for the purposes of organization, shall be held immediately after the annual meeting of the Voting Members, provided the majority of the members of the Board of Directors elected be present. Any action taken at such meeting shall be by a majority of the whole Board of Directors. If the majority of the directors elected shall not be present at that time, or if the directors shall fail to elect officers, the meeting of the Board to elect officers shall then be held within thirty (30) days after the annual meeting of the Members upon three (3) days notice in writing to each member of the Board of Directors elected, stating the time, place and object of such meeting.

Section 3: Regular meetings of the Board of Directors may be

upon three (3) days notice in writing to each member of the Board of Directors elected, stating the time, place and object of such meeting.

Section 3: Regular meetings of the Board of Directors may be held at any place or places within Broward County, Florida, on such days and at such hours as the Board of Directors may, resolution, designate.

by Section 4: No notice shall be required to be given of any regular meeting of the Board of Directors.

Section 5: Special meetings of the Board of Directors may be called at any time by the President or by any two (2) members of the Board and may be held any place or places within Broward County, Florida, and at any time.

Section 6: Notice of each special meeting of the Board of Directors , stating the time, place and purpose or purposes thereof, shall be given by or on behalf of the President or by or on behalf of the Secretary or by or on behalf of any two (2) members of the Board to each member of the Board of Directors not less than three (3) days by mail, or one (1) day by telephone or telegraph, prior to the meeting . Special meetings of the directors may also be held at any place and time without notice by unanimous waiver of notice by all the directors, or the Board of Directors may also take action without a meeting by written instrument signed by all the directors.

a soon as the Section 7: The directors shall have the absolute right to resign at any time and the remaining directors in office shall then fill the vacancies, provided that if all directors resign, special meeting of the Voting Members shall be called as possible for the purpose of electing new directors and resignations of such directors shall not be effective until such election is held and new directors are elected, except that if no meeting is held

Page 3

ossible for the purpose of electing new directors and resignations of such directors shall not be effective until such election is held and new directors are elected, except that if no meeting is held or no directors are elected after two (2) attempts to call and hold such meeting, the resignations shall effective simultaneously with the date and time of the scheduled become second meeting, whether held or not or whether new directors are elected.

Notwithstanding the foregoing, the Class B Voting Member shall have the sole power and authority to remove directors designated by it.

and replace ARTICLE V OFFICERS Section 1: Any officer may be removed at any time by the affirmative vote of a majority of the Board of Directors at any duly called regular or special meeting of the Board of Directors.

He Section 2: The President shall be the chief executive officer of the Association.

The President shall preside at all meetings of the Members of the Association and of the Board of Directors.

shall have the general powers and duties of supervision and management of the Association which usually pertain to his office, and shall perform all such duties as are properly required of him -2by the Board of Directors. The Board of Directors shall elect at least one (1) Vice President, who shall have such powers and perform such duties as usually pertain to such office or as are properly required of him by the Board of Directors. In the absence or disability of the President, any Vice President shall perform the duties and exercise the powers of the President. The Secretary shall issue notices of all meetings of the membership of the Association and the directors where notices of such meetings are required by law or in these Bylaws. He shall keep the minutes of

Secretary shall issue notices of all meetings of the membership of the Association and the directors where notices of such meetings are required by law or in these Bylaws. He shall keep the minutes of the meetings of the membership and of the Board of Directors.

Treasurer shall have the care and custody of all the monies and securities of the Association. He shall enter on the books of the Association, to be kept by him for that purpose, full and accurate accounts of all monies received by him and paid by him on account of the Association. He shall sign such instruments as require his signature and shall perform all such duties as usually pertain to his office or as are properly required of him by the Board of Directors.

The Section 3: Vacancies in any office arising from any cause may be filled by the Board of Directors at any regular or special meeting.

ARTICLE VI MEETINGS OF VOTING MEMBERS Section 1: The regular annual meeting of the Voting Members shall be held once each year on such date and at such time and place as shall be determined by the Board of Directors, provided that an annual meeting shall be held within thirteen (13) months of the prior one.

Section 2: Special meetings of the Voting Members for any purpose may be called at any time by the President, the Vice President, the Secretary or Treasurer, or by any two (2) or more members of the Board of Directors, or upon written request of the Voting Members who have a right to vote forty (40%) percent of all the votes of the entire membership.

Section 3: Notice may be given to the Voting Members either personally, or by sending a copy of the notice through the mail, postage thereon fully paid, to his address appearing on the records of the corporation. Each Voting Member shall register his address

Page 4

r personally, or by sending a copy of the notice through the mail, postage thereon fully paid, to his address appearing on the records of the corporation. Each Voting Member shall register his address with the Secretary, and notices of meetings shall be mailed to him at such address. Notice of any meeting, regular or special, shall be mailed or personally delivered at least six (6) days in advance of the meeting (unless a different length of time is provided for elsewhere in these Bylaws, the Articles of Incorporation or the Declaration) and shall set forth the general nature of the business to be transacted, provided, however, that if any business of any meeting shall involve any action governed by the Articles of Incorporation, notice of such meeting shall be given or sent as therein provided.

Notice of specific meetings may be waived before or after the meeting and the attendance of any Voting Member shall constitute such Voting Member's waiver of notice of such meeting, except when his attendance is for the express purpose of objecting at the beginning of the meeting to the transaction of business because the meeting is not lawfully called.

Section 4: The presence in person or by proxy at the meeting of the Voting Members entitled to cast a majority of the votes of the membership shall constitute a quorum for any action governed by these Bylaws, provided that the persons in attendance at a meeting at which a quorum has not been attained may vote to adjourn the meeting until a time at which a quorum can be reached.

Section 5: Proxies of Members must be in writing and signed by all record Owners of a Lot or the person designated in a voting certificate signed by all such Owners as the person authorized to -3-

ed.

Section 5: Proxies of Members must be in writing and signed by all record Owners of a Lot or the person designated in a voting certificate signed by all such Owners as the person authorized to -3cast the vote attributable to such Lot. Proxies may not be given by Voting Members, but, rather, may only be used where applicable laws, if any, require meeting of Members in general.

Section 6: Meetings shall be governed by Roberts Rules of Order (latest edition) to the extent not inconsistent with these Bylaws, the Articles of Incorporation or the Declaration.

ARTICLE VII ARCHITECTURAL CONTROL BOARD The Board of Directors may also appoint an Architectural Control Board when and as provided in the Declaration.

ARTICLE VIII BOOKS AND PAPERS; FINANCIAL MATTERS Section 1: The books, records, financial statements and papers of the Association shall at all times, during reasonable business hours, be subject to the inspection of any Member of the Association.

$ Section 2: The fiscal year of the Association shall be the calendar year, the operating budget therefor to be adopted at least sixty (60) days prior to the commencement thereof (provided that the failure to do so shall not impair the validity enforceability of the assessments to be levied thereunder).

Section 3: བ་ or At least twenty (20) days prior to the effective date of any change in the amount of assessments, the Association shall send written notice of the new assessment amount and the due date(s ) thereof to each Member.

Section 4: Within a reasonable amount of time after the end of the Association's fiscal year, the Association shall prepare, or cause to be prepared, financial statements for the Association showing its actual receipts and expenditures for

Pages 5–6

f time after the end of the Association's fiscal year, the Association shall prepare, or cause to be prepared, financial statements for the Association showing its actual receipts and expenditures for twelve (12) months in the classifications provided in the budget the previous for such period .

Such statements need not be audited or reviewed by a Certified Public Accountant.

ARTICLE IX AMENDMENTS These Bylaws may be amended, at a regular or special meeting of the Voting Members, by a majority of the votes available to be cast by the Voting Members in attendance provided that the notice to the Voting Members of the meeting discloses the information that the amendment of the Bylaws is to be considered. The provisions which are governed by the Articles of Incorporation may not be amended except as provided in the Articles of Incorporation or applicable law.

Further, any matters stated herein to be or which are in fact governed by the Declaration referred to herein may not be amended except as provided in such Declaration. Anything to the contrary herein notwithstanding, the Developer shall have the absolute right to amend these Bylaws as long as the Developer owns any Lot, without the consent of the Members or the Board of Directors and no amendment to these Bylaws shall be valid unless Developer consents to same so long as Developer is a Voting Member.

-4ARTICLE X CONTROLLING PROVISIONS Section 1: In case of any conflict between the Articles of Incorporation and these Bylaws, the Articles of Incorporation shall control; and in case of any conflict between the Declaration and these Bylaws, the Declaration shall control.

-5STATE OF FLORIDA COUNTY OF BROWARD SWORN TO AND SUBSCRIBED before me this 10 day of April,

rol; and in case of any conflict between the Declaration and these Bylaws, the Declaration shall control.

-5STATE OF FLORIDA COUNTY OF BROWARD SWORN TO AND SUBSCRIBED before me this 10 day of April, 1995, by JOHN SESSA, as President of L.W. ROZZO, INC., a Florida corporation, to me personally known Yes or produced identification N/A. Туре of identification INC., N/A Riel F. Harris ₤.

Name: Rick F. HARRIS Notary Public produced My Commission Expires OFFICIAL NOTARY SEAL Commission No.: JOINDER STATE OF FLORIDA RICK F HARRIS COMMISSION NUMBER CC320694 MY COMMISSION EXP.

NOV. 15,1997 The undersigned WESTRIDGE HOMEOWNERS' ASSOCIATION OF DAVIE, in consideration of the sum of Ten and No/100 ($10.00) Dollars and other valuable consideration, the receipt of which is hereby acknowledged, hereby accepts the conveyance of title to the above-described property and agrees to perform and be bound by the maintenance obligations set forth in the dedication provisions of the Westridge II Plat as recorded in Plat Book 151, Page 17, of the Public Records of Broward County, Florida.

IN WITNESS WHEREOF, said WESTRIDGE HOMEOWNERS' ASSOCIATION DAVIE, INC. has signed and sealed these presents on this of April, 1995.

Signed, sealed and delivered in our presence: Donna m Name: видо Donna M.

(type of print) Lugo or haura of Wight Name: Laura A Wright (type or print) STATE OF FLORIDA COUNTY OF BROWARD OF OCIATIA day WESTRIDGE HOMEOWNERS' ASSOCIATION OF DAVIE, INC.

a Florida not-for-profit corporation By: FRWA JAMES R. WITT, tes (Corporate Seal) Post Office Address: 17200 Pines Boulevard Pembroke Pines, FL 33029 يود SWORN TO AND SUBSCRIBED before me this 101995, by JAMES R.

WITT, ASSOCIATION OF DAVIE, INC. a to me personally known Yes Type of identification produced

Pages 7–8

Pines Boulevard Pembroke Pines, FL 33029 يود SWORN TO AND SUBSCRIBED before me this 101995, by JAMES R.

WITT, ASSOCIATION OF DAVIE, INC. a to me personally known Yes Type of identification produced RECORDED IN THE OFFICIAL RECORDS BOOK OF BROWARD COUNTY, FLORIDA COUNTY ADMINISTRATOR OF DAVIE SSCCI CORPOR 1992 CORPORATION HOT FOR PROFIT FLORIDA KERSA day of April, as President of WESTRIDGE HOMEOWNERS Florida not-for-profit corporation, or produced identification N/A N/A Rich F. Harris Name: Rick F. HARRIS Notary Public My Commission Expires: OFFICIAL NOTARY SEAL Commission No -3MAT" STATE OF FLORIDA _RICK F HARRIS COMMISSION NUMBER CC320694 MY COMMISSION EXP.

NOV. 15,1997 BK 23346 PG0420 LACE State of Florida CD C GOD WE Department of State 7/2310 attached is a true and I certify that the correct copy of the Articles of Incorporation of WESTRIDGE HOMEOWNERS' ASSOCIATION OF DAVIE, INC., a corporation organized under the Laws of the State of Florida, filed on June 9, 1992, as shown by the records of this office.

The document number of this corporation is N49286.

PEAL OF GREAT TILE STATE FLORIDA IN GOD WE TRUST CR2E022 (2-91) Given under my hand and the Great Seal of the State of Florida, at Tallahassee, the Capital, this the 9th day of June, 1992.

ONE ONE O Jin Smith み Jim Smith Secretary of State 15205 FILED S2 JUN-9 PM 1:35 TALLAHASSEE, FLORIDA ARTICLES OF INCORPORATION OF.

WESTRIDGE HOMEOWNERS' ASSOCIATION OF Davie, Inc.

The undersigned, desiring to form a corporation not for profit under Chapter 617, Florida Statutes, hereby adopt the following Articles of Incorporation.

ARTICLE I.

The name of the corporation shall be WESTRIDGE HOMEOWNERS' ASSOCIATION, INC., (hereinafter referred to as the "Association").

ARTICLE II.

Pages 8–9

reby adopt the following Articles of Incorporation.

ARTICLE I.

The name of the corporation shall be WESTRIDGE HOMEOWNERS' ASSOCIATION, INC., (hereinafter referred to as the "Association").

ARTICLE II.

Terms used herein shall have the meanings ascribed to them in the Declaration referred to below, unless the context indicates otherwise.

ARTICLE III.

The purposes for which the Association is formed are: · 1.

To promote the common good, health, safety and general welfare of all of the Owners; 2. To exercise all of the powers and privileges and to per form all of the duties and obligations of the Association arising from the Declaration of Covenants, Restrictions and Easements of WESTRIDGE, as amended and supplemented from time to time and recorded in the Public Records of Broward County, Florida (the definitions of which are incorporated herein by reference); 3. To have and to exercise any and all powers, rights and privileges, including delegation of powers as permitted by law, which a corporation organized under Chapter 617, Florida Statutes, may now or hereafter have or exercise.

The foregoing statement of purposes shall be construed as a statement both of purposes and of powers, however the same shall be limited by reference to the terms or provisions of other clauses herein and in the Declaration of Covenants, afore-referenced Restrictions and Easements of WESTRIDGE. Notwithstanding any of the --above statements of purposes and powers, the association shall not engage in any activities or exercise any powers that are not in furtherance of the primary purposes of the Association.

ARTICLE IV.

Every person or entity who is a record owner of a fee or undivided fee interest in any Lot which is subject to the Declaration, including contract sellers, but excluding persons or

iation.

ARTICLE IV.

Every person or entity who is a record owner of a fee or undivided fee interest in any Lot which is subject to the Declaration, including contract sellers, but excluding persons or entitles holding title merely as security for performance of an obligation or a debt and excluding contract purchasers, shall be a Member of the Association. Membership shall be appurtenant to and may not be separated from ownership of a Lot.

ARTICLE V.

The Association shall have perpetual existence.

ARTICLE VI.

The Association shall have two classes of voting membership: Class A: The Class A Members shall be all those Owners except for the Developer. Class A Members shall be entitled to cast one vote for each Lot in which they hold the interests required for membership in the Association. Where more than one person or entity holds such interest or interests in a Lot, all such persons shall be Members, and the vote for such Lot shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to any one Lot.

Class B: The Class B Member shall be the Developer. The Class B Member shall be entitled to cast ten votes for each Lot in which it holds the interest required for membership.

Notwithstanding any provision contained herein to the contrary, the Developer shall have the right to elect a majority of the Board of Directors of the Association until such time as the Developer no longer holds title to any portion of said Property.

All action taken by the Board of Directors of the Association shall be taken by a majority of the members thereof. The Board of Directors shall be comprised of three (3) to five (5) individuals as the Board may determine. The names and addresses of the members

Page 10

n shall be taken by a majority of the members thereof. The Board of Directors shall be comprised of three (3) to five (5) individuals as the Board may determine. The names and addresses of the members of the first Board of Directors of the Association (which shall be 2 three), who shall hold office until the first election thereafter are as follows: Name John Sessa Gary Sessa Address 17200 Pines Boulevard Pembroke Pines, FL 33029 17200 Pines Boulevard Pembroke Pines, FL 33029 Wilson C. Atkinson, III 1946 Tyler Street Hollywood, FL 33020 Except for the directors designated by the Developer,.

Directors shall be elected from the Membership of the Association at the annual meeting of the Membership as provided for in the By-Laws of the Association, and the By-Laws may provide for the method of voting in the election and for the removal from office of non-Developer Directors. Developer Directors shall serve at the convenience of the Developer.

Members elected to the Board of Directors shall hold office until the next succeeding annual meeting of Members, and thereafter until qualified successors are duly elected and have taken office.

If a Director shall for any reason cease to be a Director, the remaining Directors may elect a successor Director to fill the vacancy for the balance of the unexpired term.

ARTICLE VII.

The Association shall have a President, a Vice President, a Secretary and a Treasurer, and such other officers as the Board of Directors may from time to time elect. One person may hold more than one office, subject to the limitations set forth in the By-Laws.

The officers of the Association, in accordance with applicable provisions of the By-Laws, shall be elected by the Board of Directors for a term, the duration of which shall be one year, to

Pages 10–11

he By-Laws.

The officers of the Association, in accordance with applicable provisions of the By-Laws, shall be elected by the Board of Directors for a term, the duration of which shall be one year, to be extended until qualified successors are duly elected and have taken office.

3 The names and addresses of the first officers of the Association, who shall hold office until successors are duly elected and have taken office, shall be as follows: President: Secretary/Treasurer: John Sessa Gary Sessa The By-Laws of the ARTICLE VIII.

Association shall be made, altered, rescinded, and adopted by the Board of Directors.

ARTICLE IX.

Amendments to these Articles of Incorporation may be proposed by a majority of the members of the Board of Directors of the Association or by Members of the Association holding thirty percent (30%) of the vote of the Members. These Articles may be amended at any annual meeting of the Association, or at any special meeting duly called and held for such purpose when a quorum is present in person or by proxy by the affirmative vote of not less than 66 2/3% (sixty-six and two-thirds percent) of the Membership of the Association with the consent of the Developer for so long as Developer owns any Lot within the properties; provided, however, that for so long as Developer owns one or more Lots, the Developer shall have the absolute right to make any amendments to the Articles of Incorporation without any other party's consent or joinder as requested or required by the Federal National Mortgage Association, Federal Home Loan Mortgage Corporation, Government National Mortgage Association, HUD, F.H.A., V.A., or such of them which owns or expects to own one or more Institutional Mortgages or to insure the payment of one or more Institutional Mortgages,

Pages 11–12

ment National Mortgage Association, HUD, F.H.A., V.A., or such of them which owns or expects to own one or more Institutional Mortgages or to insure the payment of one or more Institutional Mortgages, provided, however, that as long as the Developer owns any Lot, ho amendment to these Articles shall be effective or enforced until the same has been approved by HUD/VA.

ARTICLE X.

The names and addresses of the Incorporators to these Articles of Incorporation are: 4 Name John Sessa Gary Sessa Wilson C. Atkinson, III Address 17200 Pines Boulevard Pembroke Pines, FL 33029 17200 Pines Boulevard Pembroke Pines, FL 33029 1946 Tyler Street Hollywood, FL 33020 ARTICLE XI.

The Association shall indemnify any person who was or is a party or is threatened to be made a party to any threatened, pending or contemplated action, suit or proceeding, whether. civil, criminal, administrative or investigative (other than an action by or in the right of the Association) by reason of the fact that he is or was a director, employee, officer or agent of the Association, against expenses (including attorneys' fees and appellate attorneys' fees), judgments, penalties, fines and amounts paid in settlement actually and reasonably incurred by him in connection with such action, suit or proceeding, unless (a) a court of competent jurisdiction determines after all available appeals have been exhausted or not pursued by the proposed indemnitee, that he did not act in good faith or in a manner he unreasonably.

believed to be in, or not opposed to, the best interests of the Association; and, with respect to any criminal action or proceeding, that he had no reasonable cause to believe his conduct was unlawful; and (b) such court further specifically determines

Pages 12–13

ests of the Association; and, with respect to any criminal action or proceeding, that he had no reasonable cause to believe his conduct was unlawful; and (b) such court further specifically determines that indemnification should be denied. The termination of any action, suit or proceeding by judgment, order, settlement, conviction or upon a plea of nolo contendere or its equivalent shall not, of itself, create a presumption that the person did not act in good faith and in a manner which he reasonably believed to be in or not opposed to the best interests of the Association, and with respect to any criminal action or proceeding, had reasonable cause to believe that his conduct was unlawful.

To the extent that a director, officer, employee or agent of the Association has been successful on the merits or otherwise in defense of any action, suit or proceeding referred to hereinabove 5 or in defense of any claim; issue or matter therein, he shall be indemnified against expenses (including attorneys' fees and appellate attorneys' fees) actually and reasonably incurred by him in connection therewith.

as Any indemnification under the first paragraph of this Article (unless ordered by a court) shall be made by the Association only authorized in the specific case upon a determination that indemnification of the director, officer, employee or proper in the circumstances because he has met the applicable agent is standard of conduct set forth hereinabove. Such determination shall be made (a) by the Board of Directors by a majority vote of a quorum consisting of directors who were not parties to such action, suit or proceeding, or (b) if such quorum is not obtainable, or, even if obtainable, if a quorum of disinterested directors So

Pages 13–14

of a quorum consisting of directors who were not parties to such action, suit or proceeding, or (b) if such quorum is not obtainable, or, even if obtainable, if a quorum of disinterested directors So directs, by independent legal counsel in a written opinion, or by a majority of the Members of the Association.

Expenses incurred in defending a civil or criminal action, suit or proceeding may be paid by the Association in advance of the final disposition of such action, suit or proceeding as authorized by the Board of Directors in the specific case upon receipt of an undertaking by or on behalf of the director, officer, employee or agent to repay such amount unless it shall ultimately be determined that he is entitled to be authorized in this Article XI.

indemnified by the Association as The indemnification provided by this Article shall not be deemed exclusive of any other right to which those seeking indemnification may be entitled under any By-Law, agreement, vote of members or otherwise, both as to action in his official capacity while holding such office or otherwise, and shall continue as to a person who has ceased to be a director, officer, employee or agent and shall inure to the benefit of the heirs and representatives of such person.

personal The Association shall have the power to purchase and maintain insurance on behalf of any person who is or was. a director, officer, employee or agent of the Association, or is or was 6 serving, at the request of the Association, as a director, officer, employee or agent of another corporation, partnership, joint venture, trust or other enterprise, against any liability asserted against him and incurred by him in any such capacity, or arising out of his status as such, whether or not the Association would

Pages 14–15

oint venture, trust or other enterprise, against any liability asserted against him and incurred by him in any such capacity, or arising out of his status as such, whether or not the Association would have the power to indemnify him against such liability under the provisions of this Article.

.

ARTICLE XII.

The initial office of this corporation shall be at 17200 Pines Boulevard, Pembroke Pines, FL 33029, with the privilege of having its office and branch offices at other places within or without the State of Florida.

The Registered Agent of the Association for purposes of accepting service of process shall be Wilson C. Atkinson, III, 1946 Tyler Street, Hollywood, FL 33020.

ARTICLE XIII.

Should any provisions of these Articles of Incorporation conflict with the Declaration of Covenants, Restrictions and Easements. For WESTRIDGE as amended and supplemented, the Declaration shall control over these Articles.

ARTICLE XIV Upon dissolution of the Association, all of its assets shall be dedicated to a public body or conveyed to a non-profit corporation, unincorporated association or public agency.

IN WITNESS WHEREOF, the said Incorporators have hereto set their hands this 28th day of Mang ' 1992.

John Sessa Mary is Gary Sessa ( Wilson C. Atkinson, III 7 CERTIFICATE DESIGNATING PLACE OF BUSINESS.OR DOMICILE FOR THE SERVICE OF PROCESS WITHIN FLORIDA, NAMING AGENT UPON WHOM PROCESS MAY BE SERVED In compliance with Sections 48.091 Statutes, the following is submitted: and 617.0501, Florida FIRST That WESTRIDGE HOMEOWNERS' ASSOCIATION OF Davie, Inc.

desiring to organize or qualify under the laws of the State of Florida, with its principal place of business at 17200 Pines Boulevard, City of Pembroke Pines, State of Florida, has named

Pages 15–16

F Davie, Inc.

desiring to organize or qualify under the laws of the State of Florida, with its principal place of business at 17200 Pines Boulevard, City of Pembroke Pines, State of Florida, has named WILSON C. ATKINSON, III, located at 1946 Tyler Street, City of Hollywood, State of Florida, as its agent to accept service of process within the State of Florida: SIGNATURE: f John Sessa Day Gary Sessa Wilson C. Atkinson, III DATE: May 28, 1992.

for the Having been named to accept service of process above-stated corporation, at the place designated in this Certificate, I hereby agree to act in this capacity, and I further agree to comply with the provisions of all statutes relative to the proper and complete performance of my duties.

SIGNATURE: WILSON C. ATKINSON, III Registered Agent DATE: MAY 28 FILED 492 JUN - PM 1: 36 TALLAHASSEE, FLORIDA hand of of ho75 ITK+ "Prepared By & Return to: ADELE I. STONE, ESQUIRE Atkinson, Diner, Stone, Black & Mankuta, P.A.

1946 Tyler St./P.O. Drawer 2088 Hollywood, FL 33022-2088 Property Appraiser's Parcel Identifying No.

Grantee SS No.

Grantee SS No.

109-14-95 $ DOCU.

02:02PM.

10.70 STAMPS-DEED RECVD. BROWARD CTY B. JACK OSTERHOLT COUNTY ADMIN.

QUIT-CLAIM DEED q day of September, 1995, by THIS QUIT-CLAIM DEED, Executed this L.W. ROZZO, INC. a Florida corporation, and DOUBLE S INVESTMENTS, a Florida general partnership, First Party, to WESTRIDGE HOMEOWNERS' ASSOCIATION OF DAVIE, INC., a Florida not-for-profit corporation, whose post office address is 2210 S.W. 102 Drive, Davie, Florida 33324 Second Party: (Wherever used herein the terms "First Party" and "Second Party" shall include singular and plural, heirs, legal representatives, and assigns of individuals, and the successors and assigns of

d Party: (Wherever used herein the terms "First Party" and "Second Party" shall include singular and plural, heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations and other legal entities, wherever the context so.

admits or requires.)

WITNESSETH, That the said First Party, for and in consideration of the sum of $10.00, in hand paid by the said Second Party, the receipt whereof is hereby acknowledged, does hereby remise, release and quit-claim unto the said Second Party forever, all the right, title, interest, claim and demand which the said First Party has in and to the following described lot, piece or parcel of land situate, lying and being in the County of Broward, State of Florida , to wit: Parcel A (Canal) and Parcel B (Lake) of Westridge II Plat, according to the Plat thereof, as recorded in Plat Book 151, Page 17, of the Public Records of Broward County, Florida.

This conveyance is expressly subject to the dedications in favor of the Central Broward Drainage District set forth in the above described Westridge II Plat and this conveyance is accepted by Second Party subject to the maintenance obligations imposed by said Westridge II Plat as to the property conveyed hereby.

ΤΟ HAVE AND TO HOLD the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said First Party, either in law or equity, to the only proper use, benefit and behoof of the said Second Party forever.

IN WITNESS WHEREOF, the said First Party has signed and sealed these presents the day and year first above written.

Signed, sealed and delivered in our presence: Donna M.

Name: Name: Sugo Donna M. Rugo M. With

Page 17

S WHEREOF, the said First Party has signed and sealed these presents the day and year first above written.

Signed, sealed and delivered in our presence: Donna M.

Name: Name: Sugo Donna M. Rugo M. With (type or print) Annie M. Wit M.Witt (type or print) L.W. ROZZO, INC., a Florida corporation By: JOHN C. SESSA, Presid (Corporate Seal Post Office Address: 17200 Pines Boulevard Pembroke Pines, Florida 33029 NO.

65 (See following page for additional signatures) BK 23910PG0214 (3) (Additional signatures to Quit-claim Deed between L.W. ROZZO, INC., and DOUBLE S INVESTMENTS, to WESTRIDGE HOMEOWNERS' ASSOCIATION OF DAVIE, INC.)

Sugo M.

Donna M.

Name: Donna M, hugo M. Witt panie JoAnnie M.Witt Name: (type or print) (type or print) DOUBLE S INVESTMENTS, a Florida general partnership By: L.W. ROZZO, INC., a Florida corporation, Partner By: Q JOHN C. SESSA (Corporate Post Office Address: 17200 Pines Boulevard Pembroke Pines, Florida 33029 STATE OF FLORIDA COUNTY OF BROWARD SWORN TO AND SUBSCRIBED before me this .8 day of September, 1995, by JOHN C. SESSA, as President, of L.W. ROZZO, INC., a Florida corporation, on behalf of said corporation, as Partner of DOUBLE S. INVESTMENTS, a Florida General partnership, to me personally known Type of identification produced DONNA M. LUGO MY COMMISSION # CC 489371 EXPIRES: August 17, 1999 Bonded Thru Notary Public Underwriters or produced identificationo ΝΙΑ Donna M.

Name: Notary Public Sugo My Commission Expires: Commission No.: BK 23910PG0215 ACCEPTANCE The undersigned, WESTRIDGE HOMEOWNERS! ASSOCIATION OF DAVIE, INC., in consideration of the foregoing premises, hereby accepts the above conveyance and the maintenance obligations imposed by the aforesaid Westridge II Plat with respect to the above described property.

day

Pages 17–19

onsideration of the foregoing premises, hereby accepts the above conveyance and the maintenance obligations imposed by the aforesaid Westridge II Plat with respect to the above described property.

day IN WITNESS WHEREOF, the undersigned WESTRIDGE HOMEOWNERS' ASSOCIATION OF DAVIE, INC.has duly executed and delivered this acceptance on this of September, 1995.

WITNESSES WESTRIDGE HOMEOWNERS' ASSOCIATION DAVIE, INC., a Florida not-før corporation OF DAVIE Donna M. Rugo hugo Name: Donna M.

(type or print) Hollywo Name: Holly L Holsworth (type or print) By: N.

JAMES WITT, Presiden (Corporate Seal) Post Office Address: 2210 S.W. 102 Drive Davie, FL 33324 -2STATE OF FLORIDA COUNTY OF BROWARD .8 day of September, 1995, by SWORN TO AND SUBSCRIBED before me this JAMES WITT, as President, of WESTRIDGE HOMEOWNERS' ASSOCIATION OF DAVIE, INC., a Florida not-for-profit corporation, on behalf of said corporation, to personally known.

produced identification me identification produced DONNA M. LUGO MY COMMISSION # CC 489371 EXPIRES: August 17, 1999 Bonded Thru Notary Public Underwriters or N/A Donna Name: Notary Public m.

Rugo My Commission Expires: Commission No.: Type of RECORDED IN THE OFFICIAL RECORDS BOOK OF BROWARD COUNTY, FLORIDA COUNTY ADMINISTRATOR -3BK 23910PG0216 WILL CALL Prepared By & Return to: PATRICK J. NEWTON, ESQ.

Atkinson, Diner, Stone, Black & Mankuta, P.A.

1946 Tyler St./P.O. Drawer 2088 Hollywood, FL 33022-2088 Property Appraiser's Parcel Nos.

Identifying No. 011910099 (Parcel C) Identifying No. 011910100 (Parcel D) Identifying No. 011910101 (Parcel E) Identifying No. 011910102 (Parcel F) Identifying No. 011910103 (Parcel G) 95-158831 04-17-95 T#3001 vag 01:48PM $ 0.70 DOCU.

STAMPS-DEED *RECVD. BROWARD CTY B. JACK 0STERHOLT

No. 011910101 (Parcel E) Identifying No. 011910102 (Parcel F) Identifying No. 011910103 (Parcel G) 95-158831 04-17-95 T#3001 vag 01:48PM $ 0.70 DOCU.

STAMPS-DEED *RECVD. BROWARD CTY B. JACK 0STERHOLT COUNTY ADMIN.

Grantee SS No.

Grantee SS No.

N/A N/A QUIT-CLAIM DEED 10th THIS QUIT-CLAIM DEED, Executed this day of April, 1995, by DOUBLE S INVESTMENTS, a Florida general partnership, and L.W.

ROZZO, INC., a Florida corporation, first party, to WESTRIDGE HOMEOWNERS' ASSOCIATION OF DAVIE, INC., a Florida not-for-profit corporation, whose post office address is 17200 Pines Boulevard, Pembroke Pines, Florida 33029, second party: (Wherever used herein the terms "first party" and "second party" shall include singular and plural, heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations and other legal entities, wherever the context so admits or requires.)

in WITNESSETH, That the said first party, for and consideration of the sum of $10.00, in hand paid by the said second party, the receipt whereof is hereby acknowledged, does hereby remise, release and quit-claim unto the said second party forever, all the right, title, interest, claim and demand which the said first party has in and to the following described lot, piece or parcel of land situate, lying and being in the County of Broward, State of Florida, to wit: All Private Roads and Open Spaces (Parcels C, D, E, F and G) of WESTRIDGE II Plat, according to the Plat thereof as recorded in Plat Book 151, Page 17, of the Public Records of Broward County, Florida.

It is the intent and purpose of first party, as the owners of all of the property described in said Westridge II Plat, that this Quit-claim. Deed shall vest title in and to the above-described

Page 20

lorida.

It is the intent and purpose of first party, as the owners of all of the property described in said Westridge II Plat, that this Quit-claim. Deed shall vest title in and to the above-described property in WESTRIDGE HOMEOWNERS' ASSOCIATION OF DAVIE, INC., in confirmation of the dedications set forth in said Westridge II Plat, since, due to a scrivener's error, said dedications erroneously referred to the homeowner's association as "WESTRIDGE HOMEOWNERS ASSOCIATION, INC. " instead of WESTRIDGE HOMEOWNERS' ASSOCIATION OF DAVIE, INC.

TO HAVE AND TO HOLD the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said first party, either in law or equity, to the only proper use, benefit and behoof of the said second party forever.

THIS DEED IS GIVEN TO CORRECT DEFICIENCY IN DEDICATION OF PLAT AND IS EXEMPT FROM DOCUMENTARY STAMPS PURSUANT TO RULE 12-B4.014(3) OF THE FLORIDA DEPARTMENT OF REVENUE.

سم لا BK 23346 PG0418 IN WITNESS WHEREOF, The said first party has signed and sealed these presents the day and year first above written.

Signed, sealed and delivered in our presence: Lois M. Witt Name: JoAnnie M. Witt (type or print) Donna M. Sugo Name: Donna m.

Name: (type or print) Ligo Dan M. Witt JoAnnie M. Witt (type or print) Donna M. Sugo Lugo Name: Donna M.

(type or print) DOUBLE S INVESTMENTS, a Florida general partnership By: L. W. ROZZO, INC., Florida corporation, Partner By: JOHN SESSA Preside (Corporate Seal) Post Office Address: 17200 Pines Boulevard Pembroke Pines, FL 33029 AND L. W. ROZZO, INC., a Florida corporation By: 0770 C. SESSA, President (Corporate Seal) Post Office Address: 17200 Pines Boulevard

t Office Address: 17200 Pines Boulevard Pembroke Pines, FL 33029 AND L. W. ROZZO, INC., a Florida corporation By: 0770 C. SESSA, President (Corporate Seal) Post Office Address: 17200 Pines Boulevard Pembroke Pines, FL 33029 INC ORATED ATED ORPO 1965 FLOR 1965 FLORIDE STATE OF FLORIDA COUNTY OF BROWARD SWORN TO AND SUBSCRIBED before me this 10th day of April, BK 23346 PG0419 1995, by JOHN SESSA, as President of L.W. ROZZO, INC., a Florida corporation, as Partner of DOUBLE S INVESTMENTS, a Florida general partnership, to me personally known identification N/A.

فراید Yes Type of Identification Brick F. Harris produced produced Name:/ Rick F. Harris Notary Public My Commission Expires!

Commission No.: MA -2STATE OF PUBLIC OFFICIAL NOTARY SEAL RICK FHARRIS _COMMISSION HUMBER CC320694 MY COMMISSION EXP.

NOV. 15,1997 KORID