ARTICLE
I
NAME AND LOCATION.
The name of the corporation is Kensington Courts Community
Association, Inc., hereinafter referred to as the “Association”.
The initial principal office of the corporation shall
be located at 202 W. Main Street, Elkton, Cecil County,
Maryland 21921 but meetings of members and directors may
be held at such places within the State of Maryland, as
may be designated by the Board of Directors.
ARTICLE
II
DEFINITIONS
Section
1. The terms “Association”, “Company”,
“Common Area”, “Lots”, “Owner”,
and “Property” as used in these Bylaws shall
have the meanings set forth in the Declaration of Covenants,
Conditions and Restrictions relating to the Kensington
Courts Subdivision recorded or to be recorded among the
Land Records of Cecil County. (the “Declaration”).
Section
2. “Member” means those persons or
entities entitled to membership in the Association as
provided in the Declaration.
ARTICLE
III
MEETING
OF MEMBERS
Section
1. Annual Meetings. The first annual meeting
of the members shall be held within one year from the
date of incorporation of the association, and each subsequent
regular annual meeting of the members shall be held in
the same month of each year thereafter, at a date, time
and place within the State of Maryland selected by the
Board of Directors of the Association.
Section
2. Special Meetings. Special meetings of the
Members may be called at any time by the president or
by the Board of Directors, or upon written request of
the members who are (i) entitled to vote one-fourth (1/4)
of all of the votes of the Class A Membership or (ii)
entitled to vote one-fourth (1/4) of all of the votes
of the Class B Membership.
Section
3. Notice of Meetings. Written notice of each
meeting of the members shall be given by, or at the direction
of, the secretary or person authorized to call the meeting,
by mailing a copy of the notice, postage prepaid or hand-delivering
a copy of said notice, not less than fifteen (15) nor
more than sixty (60) days before the meeting, to each
member, addressed to the Member’s address last appearing
on the books of the Association, or supplied by the member
to the Association for the purpose of notice. The notice
shall specify the place, day, and hour of the meeting.
In the case of a special meeting, the notice shall state
the purpose of the meeting. Such notice may be waived
upon the declaration of an emergency by the person calling
the meeting.
Section
4. Quorum. The presence at the meeting of Members
or proxies entitled to cast one-tenth (1/10) of the votes
of each class of membership shall constitute a quorum
for any action except as otherwise provided in the Declaration
or these Bylaws. If, however, such quorum shall not be
present or represented at any meeting, the Members entitled
to vote thereat shall have the power to adjourn the meeting
from time to time, without notice other than announcement
at the meeting, until a quorum as aforesaid shall be present
or be represented.
Section
5. Proxies. At all meetings of Members, each
Member may vote in person or by proxy. All proxies shall
be in writing and filed with the secretary. Every proxy
shall be revocable and shall automatically cease upon
conveyance by the Member of his Lot. No proxy shall be
valid after eleven (11) months from its date.
Section
6. Voting. The Association shall have two classes
of voting membership:
Class A: Class
A members shall be all Owners with the exception of the
Company and shall be entitled to one vote for each Lot
owned. When more than one person holds an interest in
any Lot, all such persons shall be members; however, for
purposes of a quorum they shall be treated as a single
member. The votes for such Lot shall be exercised as they
determine, but in no event shall more than one vote be
cast with respect to any Lot.
Class B: The
Class B Member(s) shall be the Company and shall be entitled
to three votes for each Lot owned. The Class B Membership
shall cease and be converted to Class A Membership on
the happening of either of the following events, whichever
occurs earlier:
(a) Seventy-five
percent (75%) of the units are deeded to homeowners; or
(b) On the
tenth (10th) anniversary of the date of the Declaration.
Provided,
however, the Class B Membership shall be revived (and
the Company shall again be entitled to three votes for
each Lot owned by the Company) during any periods of time
occurring before the tenth (10th) anniversary of the date
of the Declaration, when by reason of the annexation of
additional land as a part of the Property additional Lots
owned by the Company exist which, when added to the other
Lots then owned by the Company, would result in the Company
having more than fifty percent (50%) of the votes of the
Association were the Company to have three votes for each
Lot owned by the Company instead of only a single vote
for each Lot owned by the Company.
No Class A
Member shall be eligible to vote, either in person or
by proxy, or to be elected to the Board of Directors,
who is shown on the books or management accounts of the
Association to be more than sixty (60) days delinquent
in any payment due to the Association.
All election materials prepared with Association funds
must list candidates in alphabetical order and must not
suggest a preference among candidates.
The vote of the members representing 51% of the total
votes of all of the memberships at the meeting, in person
or by proxy, calculated as aforesaid, shall be necessary
to decide any question brought before such meeting, unless
the question is one upon which, by the express provision
of law or of the Articles of Incorporation, or of the
Declaration or these Bylaws, a different vote is required,
in which case such express provision shall govern and
control.
Section 7. Absentee Ballots. Any unsigned
absentee ballot, to be valid, shall be received in a signed,
sealed envelope bearing the identification of the dwelling
unit on the outside, and shall be opened only at a meeting
at which all candidates or their delegates have a reasonable
opportunity to be present.
Section
8. Rights of Mortgagees. Any institutional mortgagee
of any Lot who desires notice of the annual and special
meetings of the Members shall notify the Secretary to
that effect by Registered Mail – Return Receipt
Requested. Any such notice shall contain the name and
post office address of such institutional mortgagee and
the name of the person to whom notice of the annual and
special meetings of the Members should be addressed. The
Secretary of the Association shall maintain a roster of
all institutional mortgagees from whom such notices are
received and it shall be the duty of the Secretary to
mail or otherwise cause the delivery of a notice of each
annual or special meeting of the Members to each such
institutional mortgagee in the same manner, and subject
to the same requirements and limitations as are otherwise
provided in this Article for notice to the Members. Any
such institutional mortgagee shall be entitled to designate
a representative to attend any annual or special meeting
of the Members and such representative may participate
in the discussion at any such meeting and may, upon his
request made to the Chairman in advance of the meeting,
address the Members present at any such meeting. Such
representative shall have no voting rights at any such
meeting. Such representative shall be entitled to copies
of the minutes of all meetings of the Members upon request
made in writing to the Secretary.
Section
9. Open Meetings.
(a) All meetings of the Association, including meetings
of the Board of Directors or any committee created by
the Board of Directors, shall be open to all Members of
the Association or their agents, except that any such
meeting may be held in closed session for the following
purposes:
(1) Discussion of matters pertaining to employees and
personnel;
(2) Protection of the privacy or reputation of individuals
in matters not related to Association business;
(3) Consultation with legal counsel;
(4) Consultation with staff personnel, consultants, attorneys
or other persons in connection with pending or potential
litigation;
(5) Investigative proceedings concerning possible or actual
criminal misconduct;
(6) Consideration of the terms or conditions of a business
transaction in the negotiation stage of the disclosure
could adversely affect the economic interests of the Association;
(7) Compliance with a specific constitutional, statutory
or judicially imposed requirement protecting particular
proceedings or matters from public disclosure; or
(8) On an individually recorded affirmative vote of two-thirds
(2/3) of the members of the Board of Directors (or committee,
if applicable) present, for some other exceptional reason
so compelling as to override the general public policy
in favor of open meetings;
(b) If a meeting is held in closed session pursuant to
the procedures established above:
(1) No action may be taken and no matter may be discussed
other than those permitted above; and
(2) A statement of the time, place and purpose of any
closed meeting, the record of the vote of each member
of the Board of Directors (or committee, if applicable)
by which any meeting was closed, and the authority under
this section for closing the meeting shall be included
in the minutes of the next meeting of the Board of Directors
(or committee, if applicable).
ARTICLE
IV
BOARD OF DIRECTORS SELECTION:
TERM OF OFFICE |
Section
1. Number. The affairs of this Association shall
be managed by a Board of Directors, who need not be Members
of the Association.
Commencing with the first annual meeting of the Association,
the Board of Directors shall consist of not less than
four (4) nor more than nine (9) Directors who shall be
elected by the Members of the Association. Prior to the
lapse of all the Class B memberships as provided for in
the Articles of Incorporation and the Declaration, the
number of Directors shall be determined from time to time
by a vote of the Charter Directors named by the Declarant;
thereafter, the number of Directors shall be determined
by a vote of the Members at the annual meeting of Members
and the number of Directors may be changed by a vote of
the Members at any subsequent annual or special meeting
of the Members; provided, however, that (a) the limitations
of this Section shall continue to apply; and (b) no such
change shall operate to curtail or extend the term of
any incumbent Director.
A majority of the Board of Directors (after lapse of the
Class B memberships as provided for in the Articles of
Incorporation and the Declaration) shall be Members of
the Association.
Section 2. Term of Office. The terms
of office of the “Charter Directors” (as defined
in the Articles of Incorporation of the Association) shall
be for the period until the first annual meeting of the
Members at which their successors are elected. The terms
of each director other than a Charter Director shall be
for one (1) year or until his successor is elected, whichever
shall be the longer period. Each director, other that
a Charter Director, shall be elected at the annual meeting.
Section 3. Removal. Any director, other
than a Charter Director, may be removed from the Board,
with or without cause, by a majority vote of the Members
of the Association. In the event of death, resignation
or removal, pursuant to these Bylaws, of a Director, his
successor shall be selected by the remaining Members of
the Board and shall serve for the unexpired term of his
predecessor.
Section 4. Compensation. No Director
shall receive compensation for any service he may render
to the Association. However, any Director may be reimbursed
for his actual expenses incurred in the performance of
his duties.
Section 5. Action Taken without a Meeting.
The Directors shall have the right to take any action
in the absence of a meeting which they could take at a
meeting by obtaining the written approval of all the Directors.
Any action so approved shall have the same effect as though
taken at a meeting of the Directors.
ARTICLE
V
NOMINATION AND ELECTION OF DIRECTORS |
Section
1. Nomination. Nomination of Directors for election
to the Board of Directors shall be made by a Nominating
Committee. Nominations may also be made from the floor
at the annual meeting. The Nominating Committee shall
consist of a Chairman, who shall be a Member of the Board
of Directors, and two or more other persons. The Nominating
Committee shall be appointed by the President of the Association
prior to each annual meeting of the Members, to serve
until the close of the annual meeting. The Nominating
Committee shall make as many nominations for election
to the Board of Directors as it shall, in its discretion
determine, but not less than the number of vacancies that
are to be filled. Nominations may be made from among Members
or nonmembers.
Section 2. Election. Election to the
Board of Directors shall be by written ballot. At the
election the Member or their proxies may cast, in respect
to each vacancy, as many votes as they are entitled to
exercise under the provisions of the Declaration. The
persons receiving the largest number of votes shall be
elected. Cumulative voting is not permitted.
ARTICLE
VI
MEETINGS OF DIRECTORS |
Section
1. Regular Meetings. Regular meetings of the
Board of Directors shall be held at least annually at
such place and hour as may be fixed from time to time
by resolution of the Board, without the necessity of further
notice.
Section 2. Special Meetings. Special
meetings of the Board of Directors shall be held when
called by the President of the Association, or by any
two Directors, after not less than three (3) days’
notice to each Director.
Section 3. Quorum. A majority of the
number of Directors shall constitute a quorum for the
transaction of business. Every act or decision done or
made by a majority of the Directors at a duly held meeting
at which a quorum is present shall be regarded as the
act of the Board.
Section 4. Rights of Mortgagees. Any
institutional mortgagee of any Lot who desires notice
of the regular and special meetings of the Board of Directors
shall notify the Secretary to that effect by Registered
Mail – Return Receipt Requested. Any such notice
shall contain the name and post office address of such
institutional mortgagee and the name of the person to
whom notice of the regular and special meetings of the
Board of Directors should be addressed. The Secretary
of the Association shall maintain a roster of all institutional
mortgagees from whom such notices are received and it
shall be the duty of the Secretary to mail or otherwise
cause the delivery of a notice of each regular or special
meeting of the Board of Directors to each such institutional
mortgagee, in the same manner, and subject to the same
requirements and limitations, as are otherwise provided
in this Article for notice to the members of the Board
of Directors. Any such institutional mortgagee shall be
entitled to designate a representative to attend any regular
or special meeting of the Board of Directors and such
representatives may participate in the discussion at any
such meeting and may, upon request made to the Chairman,
in advance of the meeting, address the members of the
Board of Directors present at any such meeting. Such representative
shall have no voting rights at any such meeting. Such
representative shall be entitled to copies of the minutes
of all meetings of the Board of Directors upon request
made in writing to the Secretary.
ARTICLE
VII
POWERS AND DUTIES OF THE BOARD OF DIRECTORS |
Section
1. Powers. The Board of Directors shall have
the power to:
(a) adopt and publish rules and regulations governing
the use of the Common Areas including any improvements
and amenities located thereon, and the personal conduct
of the Members and their guests thereon, and to establish
penalties for the infraction thereof;
(b) suspend the voting rights, and the right of use of
any recreational facilities located on any Common Area
during any period in which the Member is in default in
the payment of any assessment levied by the Association;
these rights may also be suspended for a period not to
exceed sixty (60) days for an infraction of published
rules and regulations;
(c) exercise for the Association all powers, duties and
authority vested in or delegated to this Association and
not reserved to the Members by other provisions of these
Bylaws, the Articles of Incorporation, or the Declaration;
and
(d) employ a manager, independent contractors, or other
employees or contractors as they deem necessary, and to
prescribe their duties and rate of compensation;
(e) declare the office of a member of the Board of Directors
to be vacant in the event such member shall be absent
from three (3) consecutive regular meetings of the Board
of Directors;
Section 2. Duties. It shall be the duty
of the Board of Directors to:
(a) keep a complete record of all its acts and corporate
affairs and to present a statement thereof to the Members
at the annual meeting of the Members, or at any special
meeting when such a statement is requested in writing
by the holders of one-fourth (1/4) of the votes of the
Class A Members or by the holders of one-fourth (1/4)
of the votes of the Class B Members;
(b) supervise all officers, agents and employees of this
Association, and to see that their duties are properly
performed;
(C) as more fully provided in the Declaration to:
(1) fix the amount of the annual assessment against each
Lot not later than February 1st of each year;
(2) send written notice of each annual assessment to every
Lot Owner subject thereto not later than February 1st
of each year, and of each special assessment, at least
forty-five (45) days in advance of its due date; and
(3) foreclose the lien against a Lot if the Owner thereof
has not paid the assessment thereon within such time as
the Board of Directors may determine, or bring an action
at law against the Lot Owner personally obligated to pay
the same;
(d) issue, or cause an appropriate officer to issue, upon
demand by 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 the certificate states that an assessment has been
paid, the certificate shall be conclusive evidence of
payment with respect to any person relying on the certificate);
(e) cause the Common Areas to be maintained; and
(f) otherwise perform or cause to be performed the functions
and obligations of the Board and the Association as provided
for in the Declaration and Articles of Incorporation and
these Bylaws, including collection of assessments payable
pursuant to any cross easement or other similar agreement
and periodically employing an insurance consultant if
the Board of Directors deems it necessary to do so to
analyze the insurance requirements of the Association.
ARTICLE
VIII
OFFICERS AND THEIR DUTIES |
Section
1. Enumeration of Officers. The officers of this
Association shall be a President and Vice-President, who
at all times be Members of the Board of Directors, a Secretary,
and a Treasurer, and such other officers as the Board
may from time to time by resolution create.
Section 2. Election of Officers. The
election of officers shall take place at the first meeting
of the Board of Directors and thereafter at the first
meeting of the Board of Directors following each annual
meeting of the Members.
Section 3. Term. The officers of this
Association shall be elected annually by the Board and
each shall hold office for one (1) year unless he shall
sooner resign, or shall be removed, or otherwise disqualified
to serve.
Section 4. Special Appointments. The
Board may elect such other officers as the affairs of
the Association may require, each of whom shall hold office
for such period, have such authority, and perform such
duties as the Board may, from time to time, determine.
Section 5. Resignation and Removal. Any
officer may be removed from office with or without cause
by the Board. Any officer may resign at any time by giving
written notice to the Board, the President or the Secretary.
Such resignation shall take effect on the date of receipt
of the notice or at any later time specified therein,
and unless otherwise specified therein, the acceptance
of the resignation shall not be necessary to make it effective.
Section 6. Vacancies. A vacancy in any
office may be filled by appointment by the Board. The
officer appointed to the vacancy shall serve for the remainder
to the term of the officer he replaces.
Section 7. Multiple Offices. Not more
than two offices may be held by the same person nor may
an officer execute, acknowledge or verify any instrument
in more than one (1) capacity.
President
The President shall preside at all meetings of the Members
and of the Board of Directors and see that orders and
resolutions of the Board are carried out. The President
shall have authority to sign all leases, mortgages, deeds,
and other written instruments and shall co-sign all checks
and promissory notes.
Vice-President
The Vice-President shall act in the place and stead of
the President in the event of his absence, inability,
or refusal to act, and exercise and discharge such other
duties as may be required of him by the Board.
Secretary
The Secretary shall record the votes and keep the minutes
of all meetings and proceedings of the Board and of the
Members; keep appropriate current records showing the
Members of the Association together with their addresses;
and perform such other duties as required by the Board.
Treasurer
The Treasurer shall receive and deposit in appropriate
bank accounts all monies of the Association and disburse
these funds as directed by resolution of the Board of
Directors; shall sign all checks and promissory notes
of the Association; keep proper books of account; cause
an annual audit of the Association books to be made at
the completion of each fiscal year; and prepare an annual
budget and a statement of income and expenditures to be
presented to the Membership at its regular annual meeting,
and deliver a copy of each to the Members requesting the
same.
Section 9. Compensation. No officer shall
receive compensation for any service he or she may render
to the Association. However, any officer may be reimbursed
for his or her actual expenses incurred in the performance
of his or her duties.
ARTICLE
IX
LIABILITY AND INDEMNIFICATION OF DIRECTORS AND OFFICERS |
The
Association shall indemnify every officer and Director
of the Association against any and all expenses, including
counsel fees, reasonably incurred by or imposed upon an
officer or Director in connection with any action, suit
or other proceeding (including the settlement of any such
suit or proceeding if approved by the then Board of Directors
of the Association) to which he may be made a party by
reason of being or having been an officer or Director
of the Association, whether or not such person is an officer
or Director at the time such expenses are incurred. The
officers and Directors of the Association shall not be
liable to the Members of the Association for any mistake
of judgment, negligence, or otherwise, except for their
own individual willful misconduct or bad faith. The officers
and Directors of the Association shall have no personal
liability with respect to any contract or other commitment
made by them, in good faith, on behalf of the Association
and the Association shall indemnify and forever hold each
officer and Director free and harmless against any and
all liability to others on account of any such contract
or commitment. Any right to indemnification provided for
herein shall not be exclusive of any other rights to which
any officer or Director of the Association or former officer
or Director of the Association may be entitled.
The
Association shall appoint such committees as deemed appropriate
in carrying out its purpose.
Section
1. Insurance. In its sole discretion, the Board
of Directors of the Association may obtain and maintain,
to the extent reasonably available, the following:
(a) Workmen’s compensation insurance for employees
of the Association to the extent necessary to comply with
any applicable law; and
(b) a “Legal Expense Indemnity Endorsement”,
or its equivalent, affording protection for the Officers
and Directors of the Association for expenses and fees
incurred by any of them in defending any suit or settling
any claim, judgment or cause of action to which any such
officer or Director shall have been made a party by reason
of his or her services as such; and
(c) such other policies of insurance, including director
and officer liability insurance and insurance for other
risks of a similar or dissimilar nature and fidelity coverage
as required by these Bylaws, as are or shall hereafter
be considered appropriate by the Board of Directors.
Section 2. Limitations. Any insurance
obtained pursuant to the requirements of this Article
shall be subject to the following provisions:
(a) All policies shall be written or reinsured with a
company or companies licensed to do business in the State
of Maryland and holding a rating of “A+AA”
or better in the current edition of Best’s Insurance
Guide.
(b) Exclusive authority to negotiate losses under said
policies shall be vested in the Board of Directors of
the Association, or its authorized representative.
(c) In no event shall the insurance coverage obtained
and maintained pursuant to the requirements of this Article
be brought into contribution with insurance purchased
by the Owners of the Lots or their mortgagees, as herein
permitted, and any “no other insurance” or
similar clause in any policy obtained by the Association
pursuant to the requirements of this Article shall exclude
such policies from consideration.
(d) All policies shall provide that such policies may
not be canceled or substantially modified (including cancellation
for non-payment of premium) without at least thirty (30)
days’ prior written notice to any and all insureds
named thereon, including any mortgagee of any Lot who
requests such notice in writing.
(e) All policies shall contain a waiver of subrogation
by the insurer as to any and all claims against the Association,
the Board of Directors, the Members of the Association
and their respective agents, employees or tenants, and
of any defenses based upon co-insurance or invalidity
arising from the acts of the insured.
ARTICLE
XII
BOOKS AND RECORDS |
The books, records and papers of the Association shall
at all times, during reasonable business hours, be subject
to inspection by any Member. The Declaration, the Articles
of Incorporation and the Bylaws of the Association shall
be available for inspection by any Member at the principal
office of the Association, where copies may be purchased
at reasonable cost.
Section 1. Fiscal Year. The fiscal year
of the Association shall be determined by the President
of the Association in conjunction with the Association’s
accountant.
Section 2. Initial Principal Office –
Change of Same. The initial principal office of the Association
shall be set forth in the Articles of Incorporation of
the Association. The Board of Directors, by appropriate
resolution, shall have the authority to change the location
of the principal office of the Association from time to
time.
Section 3. Books and Accounts. Books
and accounts of the Association shall be kept under the
direction of the Treasurer in accordance with generally
accepted accounting practices, consistently applied. The
same shall include books with detailed accounts, in chronological
order, of receipts and of the expenditures and other transactions
of the Association and its administration and shall specify
the maintenance and repair expenses of the Common Area
and community facilities, services required or provided
with respect to the same and any other expenses incurred
by the Association. The amount of any assessment or portion
of any assessment, required for payment of any capital
expenditure or reserves of the Association shall be credited
upon the books of the Association to the “Paid-In
Surplus” account as a capital contribution by the
Members.
As
more fully provided in the Declaration, each Member is
obligated to pay to the Association assessments which
are secured by a continuing lien upon the Lot against
which the assessment is made. If the assessment is not
paid on the due date, the assessment shall bear interest
from the date of delinquency at the rate of six percent
(6%) per annum, and the Association may bring an action
at law against the Owner personally obligated to pay the
same or foreclose the lien against the Lot, and interest,
costs, and reasonable attorney’s fees of any such
action shall be added to the amount of such assessment;
provided, however, the lien of any assessment is subordinate
to the lien of any first mortgage. No Owner may waive
or otherwise escape liability for the assessments provided
for herein by nonuse of the Common Area or abandonment
of his Lot.
Section
1. Amendment of these Bylaws shall require the
assent of the holders of two-thirds (2/3) of the votes
of each class of members present in person or by proxy
at the meeting at which the vote is taken. Anything set
forth above in this Article XIV to the contrary notwithstanding,
the Company shall have the absolute unilateral right,
power, and authority to modify, revise, amend, or change
any of the terms or provisions of these Bylaws all as
from time to time amended or supplemented. However, this
unilateral right, power, and authority of the Company
may be exercised if and only if the U.S. Department of
Housing and Urban Development (HUD), the Veterans Administration
(VA), the Federal Housing Administration (FHA), the Federal
Home Loan Mortgage Corporation (Freddie Mac), the Federal
National Mortgage Association (Fannie Mae), or the Government
National Mortgage Association (Ginnie Mae) or any successor
agencies or entities thereto or any agencies or entities
providing similar programs shall require such action as
a condition precedent to the approval by such agency or
entity of the Property or any part thereof or any Lots
thereon for approved mortgage financing purposes under
applicable VA, FHA, Freddie Mac, Fannie Mae, Ginnie Mae,
or similar programs. If HUD, the VA or the FHA or any
successor agencies thereto approve the Property or any
part thereof or any Lot therein for federally approved
mortgage financing purposes, any amendments to these Articles,
the annexation of additional properties, mergers, consolidations,
mortgaging of the Common Area, or the dissolution of the
Association made during any period of time when there
are Class B members of the Association shall also require
the prior consent of the agency giving such approval.
Section 2. In the case of any conflict
between the Articles of Incorporation and these Bylaws,
the Articles shall control; and in the case of any conflict
between the Declaration and the Articles or these Bylaws,
the Declaration shall control.
ARTICLE
XV
INTERPRETATION/MISCELLANEOUS |
Section
1. Conflict. These Bylaws are subordinate and
subject to all provisions of the Declaration and to the
provisions of the Articles of Incorporation of the Association.
All of the terms hereof, except where clearly repugnant
to the context, shall have the same meaning as they are
defined to have in the Declaration.
Section 2. Severability. In the event
any provision or provisions of these Bylaws shall be determined
to be invalid, void or unenforceable, such determination
shall not render invalid, void or unenforceable any other
provisions hereof which can be given effect.
Section 3. Waiver. No restriction, condition,
obligation or provisions of these Bylaws shall be deemed
to have been abrogated or waived by reason of any failure
or failures to enforce the same.
Section 4. Captions. The captions contained
in these Bylaws are for convenience only and are not a
part of these Bylaws and are not intended in any way to
limit or enlarge the terms and provisions of these Bylaws
or to aid in the construction thereof.
Section 5. Gender, etc. Whenever in these
Bylaws the context so requires, the singular number shall
include the plural and the converse, and the use of any
gender shall be deemed to include all genders.
IN WITNESS WHEREOF, we, being all of the Directors of
Kensington Courts Community Association, Inc., have hereunto
set our hands this 18th day of October, 1994.
Signed by Bruce Schneider
Bruce Schneider
Signed by Elmer Justice
Elmer Justice
Signed by Harry C. Brown
Harry C. Brown
Signed by Harry E. Hammond
Harry E. Hammond
C
E R T I F I C A T I O N
I, the undersigned, do hereby certify:
THAT I am the duly elected and acting secretary of Kensington
Courts Community Association, Inc., a Maryland corporation;
and
THAT the foregoing Bylaws constitute the original Bylaws
of said Association, as duly approved and accepted by
the Informal Organizational Action of the Board of Directors
dated the 19TH day of October, 1994.
IN WITNESS WHEREOF, I have hereunto subscribed my name
this 19TH day of October, 1994.
Signed by Elmer Justice
Elmer Justice |