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DECLARATION OF UNIT OWNERSHIP
FOR
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KNOW ALL MEN:
Jeremy Selders of P.O. Box 5129, Kalispell, Montana 59903, hereafter referred to as
Declarant, pursuant to Title 70 Section 23 of the Montana Code Annotated hereby files this
declaration of unit ownership for JS 6`h Ave West Condominiums.
THE NAME BY WHICH THE PROPERTY SHALL BE KNOWN
This condominium shall be known as JS 6"' Ave West Condominiums, which name has been
approved by the Montana Department of Revenue (See attached Exhibit A) and is unlike the name
`n of any other such units in Flathead County, Montana.
m
DESCRIPTION OF THE LAND ON WHICH THE BUILDING IS LOCATED
C,
Q This condominium is located on that property described as follows:
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THAT PORTION OF THE SWl/4SE1/4 OF SECTION 18, TOWNSHIP 28 NORTH, RANGE 21 WEST,
P.M.M., FLATHEAD COUNTY, MONTANA, KNOW AS:
TRACT 2 OF CERTIFICATE OF SURVEY NO. 18474.
GENERAL DESCRIPTION OF THE BUILDING
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The Number of Stories and Basements: Two stories with no basement.
The Number of Units: 2
Principal Materials: The exterior of the structure is made of masonite siding. The other
principal materials used in the structure are lumber, plywood, windows, doors, and shingles.
THE UNIT DESIGNATION
Unit Number Location
Unit 1 North Unit
Unit 2 South Unit
Unit 1 consists of the area shown on page 1 of Exhibit B, including the garage but excluding
the patio, which is approximately 1422 square feet of living space and 318 square feet of garage
Declaration of Unit Ownership - Page 1 of 4
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space in size. Unit 2 consists of the area shown on page 2 of Exhibit B, including the garage but
excluding the patio, which is approximately 1401 square feet of living space and 3l 8 square feet of
garage space in size.
The Floor Plan for the Building(s) is attached and incorporated herein as Exhibit B.
GENERAL COMMON ELEMENTS
Description: "General common elements," unless otherwise provided in this Declaration or
by consent of both unit owners, means:
(a) the Real Property, including, but not limited to, land on which the building, driveways,
sidewalks, and patios are located, except any portion of the land included in a unit or made
a limited common element by the Declaration;
(b) the foundations, columns, girders, beams, supports, main walls, roofs, and fire escapes;
(c) installations of central services such as power, light, gas, hot and cold water, heating,
refrigeration, air conditioning, waste disposal, and incinerating existing for common use,
(d) the tanks, pumps, motors, fans, compressors, ducts, and in general all apparatus and
installations existin, for common use;
(e) all exterior walls which shall include the area between the interior wall and the exterior
wall, all roofs, fences and all property outside of the unit itself, and
(f) all other elements of the building necessary or convenient to its existence, maintenance,
and safety or nonnally in common use and as more particularly stated herein.
Percentage of the Interest of Each Unit Owner: 50%.
LIMITED COMMON ELEMENTS
The "limited common elements," and the percentage of use reserved to each unit is as
follows:
(a) the interior space between the walls of Unit 1 and the wails of Unit 2, the use of which
is reserved 50% to each unit.
(b) the paved driveway leading to the garage of Unit 1 is reserved 100% for use by Unit 1
(North Unit) and the paved driveway leading to the garage of Unit 2 is reserved 100% for use
by Unit 2 (South Unit).
Declaration of Unit Ownership - Page 2 of 4
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(c) the sidewalk leading to the front entrance of Unit 1, the use of which is reserved 100%
to Unit I (North Unit), and the sidewalk leading to the front entrance of Unit 2, the use of
which is reserved 100% to Unit 2 (South Unit).
(d) the yard area on generallythe south half ofthe Real Property, the use of which is reserved
100% for Unit 1 (North Unit), and the yard area on generally the north half of the Real
Property, the use of which is reserved 100% for Unit 2 (South Unit).
(e) the garage doors, entrances and exits on each unit, the use of which are reserved 100%
to the unit to which they are attached.
(f) the patio adjacent to the west side of Unit 1, the use of which is reserved 100% to Unit
1 (South Unit), and the patio adjacent to the west side of Unit 2, the use of which is reserved
100% to Unit 2 (North Unit).
USE OF BUILDING AND UNITS
The building and units contained therein shall be used for residential purposes and shall be
subject to the covenants and restrictions described on Exhibit C, attached hereto.
AGENT FOR SERVICE OF PROCESS
The Board of Directors of JS 61h Ave West Condominiums Association of Unit Owners, Inc.
shall designate, by resolution, a person authorized to receive service of process in cases provided by
M.C.A. § 70-23-901. Said person shall reside in Flathead County, Montana. The name and address
of the person so designated by this Declaration is Jeremy Selders, 83 Helena Flats Court, Kalispell,
Montana 59901 and his mailing address is P.O. Box 5129, Kalispell, Montana 59903.
The Board of Directors shall cause to be recorded in the records of the Clerk and Recorder
of Flathead County, Montana, any change in the name and address of said person.
ASSOCIATION OF UNIT OWNERS
Each unit owner shall be a member of the JS 61h Ave West Condominiums Association of
Unit Owners, Inc. A copy of the initial By -Laws of the JS 6" Ave West Condominiums Association
of Unit Owners, Inc. as adopted by 100% of the present owners of the units is attached as Exhibit
D.
COMMON EXPENSES
The amount of the common expenses will be determined by the JS 61h Ave West
Condominiums Association of Unit Owners, Inc. in accord with its By -Laws. The initial assessment
will be $50.00 per month per unit.
Declaration of Unit Ownership - Page 3 of 4
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Common expenses will include but not be limited to the following: Maintenance of the
General Common Elements and Liinitcd Common Elements, insurance for liability and casualty, and
the costs to manage the association. In addition they also include an assessment to build a reserve
fund for replacement of the roof and maintaining the exterior of the building.
AMENDMENT
This Declaration of Unit Ownership, as well as the Declaration of Covenants and Restrictions
of Use of Real Property contained herein as Exhibit D, may be amended by the Declarant so long
as Declarant owns at least one of the units of JS 6`h Ave West Condominiums. Declarant shall
provide written notice of such amendment to any other Unit Owner. After the Declarant has sold
all of the units of JS 6°i Ave West Condominiums, the Declaration of Unit Ownership and the
Declaration of Covenants and Restrictions of Use of Real Property contained herein may not be
amended or repealed without the prior written approval of l 00% of the Unit Owners.
Dated this y' ' day of May 2009.
STATE OF MONTANA )
ss.
County of Flathead
By:
Jeremy Solders
Kalispell, MT 59901
On this? fl— day of May, 2009 before me, a notary public in and for said State, personally
appeared Jeremy Solders, known to me to be the authorized representative of the company or person
whose name is subscribed to the within instrument, and acknowledged to me that he executed the
same on behalf of said company.
IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed my Notarial Seal the day
and year in this certificate first above written.
P KaCKA� Vj l
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Printed Name
S E . Notary Public for the State of Montana
�2� Residing at: G �i�Q�. �A4
s • Commission Expires: —► _ w
Declaration of Unit Ownership - Page 4 of 4
EXHIBIT A
CERTIFICATION FROM DEPARTMENT OF REVENUE
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CERTIFICATION BY DEPARTMENT OF REVENUE
The t S' (� � ;� .�-r IZ declaration has been reviewed by
`f 1A G{, o o f�� being an agent of the Department
of Revenue for Flathead County, Montana, as described in 70-23-304 MCA.
The attached declaration is approved as to the facts that the name is proper
under 70-23-303 MCA and that the taxes due and payable on the property
have been paid.
Dated this / 3 day of �20 rvi
Signature
EXHIBIT B
FLOOR PLAN
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TRACT 2, CERTIFICATE OF SURVEY 18474, FLATHEAD COUNTY RECORDS
SE1 /4, SECTION 18, T. 28 N., R. 21 W., P.M.M.
FLATHEAD COUNTY, MONTANA
20 0 20 40 60 Feet
HORIZONTAL SCALE•. 1" = 20' NORTH
5/8" REBAR AND N 88'32'19" E
CAP BY 12211LS 125.00 -- 5/8" REBAR AND
CAP BY 12211LS
EAVES ��I j / / / CONC.
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SURVEYOR'S CERTIFICATION
I, JEFF H. LARSEN, A LICENSED REGISTERED PROFESSIONAL ENGINEER AND LAND SURVEYOR
BASIS OF BEARINGS PER CERTIFICATE OF IN THE STATE OF MONTANA, REGISTRATION NO. 9250-ES, HEREBY CERTIFY THAT THE SITE ••""••
SURVEY 18474. PLAN TO WHICH THIS CERTIFICATION IS ATTACHED, PREPARED BY LARSEN ENGINEERING AND ' •pNTg'ti �•.
SURVEYING, INC. ACCURATELY DESCRIBES THE LAYOUT OF THE J&S 6TH AVE. WEST CONDOMINIUMS '�• �• '""' • 9 ••
CONSTRUCTED ON TRACT 2 OF CERTIFICATE OF SURVEY 18474, FLATHEAD COUNTY RECORDS, �
FLAT*CNTY,ONT NA IEFF H.LARSENJEFFVEY 9250 ES- - -------------------
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EXHIBIT C
DECLARATION OF COVENANTS AND
RESTRICTIONS OF USE OF REAL PROPERTY
l . All unit owners shall be jointly responsible, in equal shares, for the maintenance of the
common elements throughout the Real Property, including snow removal, maintenance and
landscaping, and all costs relative to the operation of the general common elements and limited
common elements through the .1S 6"' Ave West Condominiums Association of Unit Owners, Inc.
("Homeowners' Association"). The common elements shall be kept in a neat proper appearance
at all times and there shall be no long -teen parking. The unit owners shall use the same
insurance carrier and shall provide the Homeowners' Association and each other with a copy of
the policy showing coverage sufficient to replace the unit and interior. The Homeowners
Association shall be named as an additional insured and liability insurance shall be provided as
required by the Homeowners' Association.
2. All exterior changes to the appearance of the units and common elements, including paint
and additions or modifications of the structure, shall be subject to the approval of the
Homeowners' Association. Absent said approval, no changes can be made.
3. No signs shall be erected or maintained on any unit without the prior approval of the
Homeowners' Association.
4. No unit shall be used for the keeping, raising, or breeding of farm animals.. including, but
not limited to swine, fowl, and sheep; no pets shall be allowed to roam or be unattended within
the common areas and all unit owners are responsible for any "clean-up" or maintenance or
repairs necessary due to their pet.
5. No trash, garbage, rubbish, refuse, or other solid waste of any kind, including but not
limited to inoperable automobiles, appliances, and furniture, shall be thrown, dumped, stored,
disposed of, or otherwise placed in open view on any part of the Real Property other than as
necessary for rubbish collection services. Garbage and similar solid waste shall be kept in
sanitary containers well -suited for that purposes. No hazardous materials of any kind shall be
stored on the premises.
6. The use of firearms or explosives is prohibited, except as required for construction work
and other lawful purposes, and no land noise shall be permitted that unreasonably disturbs any
other occupant.
7. No owner shall change or interfere with the natural drainage of the Real Property without
prior written approval of an affected unit owner.
S. No fuel tanks shall be maintained above ground other than propane tanks approved by the
Homeowner's Association.
Exhibit C - 1 of 2
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9. No unit or the general common elements or limited common elements shall ever be used
in a fashion which unreasonably interferes with any other owners' or occupants' use and
enjoyment of their unit or the common elements. If any owner violates these covenants or
permits a violation thereof by members of his family, his invitees, licensees, and/or lessees and
fails to cure such violation within forty-eight (48) hours of having been notified thereof, the
aggrieved unit owner or occupant, the Declarant, or the Homeowners' Association may initiate
action to correct the offending condition. The prevailing party shall be responsible for the cost
of any action, including court costs and attorneys' fees in any legal proceeding to correct the
offending condition.
10. The covenants and restrictions contained herein are not intended to establish any type of
duty to any intended, unintended, direct, or indirect third party beneficiary or claimant, for
liability purposes or in connection with any other claim except as to the enforcement of the same
by the property owners within the condominium project.
I]. Should it be necessary to enforce these covenants, the prevailing party shall be entitled to
an award of all costs and attorneys' fees incurred, including all costs incurred prior to filing suit.
12. These covenants shall be binding upon and inure to the benefit of the parties hereto, their
heirs, successors and assigns and any party claiming an interest in the property described herein.
13. Water service to both units is provided by the City of Kalispell and only one water line
brings water from the City of Kalispell's water line to both units, and the amount of water used is
only measured by one meter. The City of Kalispell will only generate and send one bill for water
service, covering water usage in both units. The owners of each unity do not have the option of
separately paying the City for their proportional share of the water usage. The City will only
accept a single payment for water service, which must be in full or else water service to both
units may be shut off by the City. Each unit's owner(s) is responsible for one-half ('/2) of the
City of Kalispell's water bill unless otherwise agreed to by the owners.
Exhibit C - 2 of 2
EXHIBIT D
BYLAWS
OF JS 6T" AVE WEST CONDOMINIUMS ASSOCIATION OF UNIT OWNERS, INC.
KNOW ALL MEN BY THESE PRESENTS:
The undersigned constituting all unit owners hereby adopts the following Bylaws ofJS 6T"
AVE WEST CONDOMINIUMS ASSOCIATION OF UNIT OWNERS, INC. a mutual benefit
not for profit corporation pursuant to the Montana Nonprofit Corporation Act, which shall serve as
the initial bylaws of said corporation. It is understood that the Association of Unit Owners as
established in the Declaration of Unit Ownership is the same entity as governed hereby and that an
incorporated successor organization shall be treated as the same entity.
ARTICLE I - NAME
The name of the association of unit owners is: JS 6T" AVE WEST CONDOM INJUMS
ASSOCIATION OF UNIT OWNERS, INC.
ARTICLE II - MEMBERSHIP
A. The membership of the Association shall be each owner of a unit as the tern is defined
in 70-23-102(14), Montana Code Annotated, and the Declarant named in the Declaration of Unit
Ownership above referenced
B. Until such time as Jeremy Selders, the Declarant, has sold all of the units in the
condominium, he shall be entitled to two votes for each unit owned by him.
C. As to all unit owners except the Declarant during the time clause B, above, is in effect,
there shall be one vote cast for each unit irrespective of the number of owners and should co -owners
of a unit disagree, they shall cast fractional votes determined by the percentage of ownership of the
unit as determined by public record. Should the public record not be specific, then each owner will
be presumed to have equal ownership with his co-owner(s).
D. No contract seller or mortgagee shall be considered an owner.
ARTICLE Ill - DIRECTORS
A. The number of directors constituting the initial Board of Directors of this Association is
one(]). The name and address of the person who is serving as director until the first annual meeting
of the membership after all of the units have been conveyed by the Declarant, or until their
Exhibit D- 1 of 9
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successors are elected and qualified is: Jeremy Selders of 83 Helena Flats Court, Kalispell, MT
59901.
B. Upon the transfer from the Declarant of all units, each unit shall be entitled to elect one
director.
ARTICLE IV- INDEMNIFICATION
No officer or Director shall be personally liable for any obligations of the Association or for
any duties or obligations arising out of any acts or conduct of said officer or Director
performed for or on behalf ofthe Association. The Association shall and does hereby indemnify and
hold harmless each person and his heirs and administrators who shall serve at any time hereafter as
a Director or officer of the Association from and against any and all claims, judgments and liabilities
to which such person shall become subject by reason of his having been a Director or officer of the
Association, or by reason of any action alleged to have been taken or omitted to have been taken by
him as such Director or officer, and shall reimburse each such person for all legal and other expenses
reasonably incurred by him in connection with the defense or payment of any such claim or liability,
this shall include the duty or power to defend such person from all suits or claims as provided for
under the provisions of the Montana Non -Profit Corporation Act; provided, however, that no such
person shall be indemnified against, or be reimbursed for, any expense incurred in connection with
any claim or liability arising out of his own criminal, intentional or willful misconduct. The rights
accruing to any person under the foregoing provisions of this section shall not exclude any other right
to which he may lawfully be entitled, nor shall anything herein contained restrict the right of the
Association to indemnify or reimburse such person in any proper case, even though not specifically
herein provided for. The Association, its Directors, officers, employees and agents shall be fully
protected in taking any action or making any payment, or in refusing so to do in reliance upon the
advice of counsel_
The indemnification herein provided shall not be deemed exclusive of any other rights to
which those seeking indemnification may be entitled under any By -Law, agreement, vote of
members or disinterested directors, or otherwise, both as to action in his official capacity and as to
action in another capacity while holding such office, and shall continue after such person has ceased
to be a director, officer or employee, and shall inure to the benefit of the heirs, executors and
administrators of such person.
The Association maypurchase and maintain insurance on behalf ofanyperson who is or was
a director, officer or employee of the Association, 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 these provisions or
of the Montana Non -Profit Corporation Act, should the Association become incorporated.
The right of any person to be indemnified shall be subject always to the right of the
Association by its Board of Directors, in lieu of such indemnification, to settle any such claim,
action, suit or proceeding at the expense of the Association by the payment of the amount of such
settlement and the costs and expenses incurred in connection therewith.
Exhibit D- 2 of 9
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ARTICLE V - MEMBERS MEETING
Section 1. Annual Meetings. The annual meeting of the members of the Association shall
be held at such place within or without the State of Montana as shall be set forth on the first (I")
business day of June of each year, at 7:00 o'clock P.M. If such day is a legal holiday, the meeting
shall be on the next business day. This meeting shall be for the election of Directors and for the
transaction of such other business as may properly come before it.
Section 2. Special Meetin(s. Special meetings of members, other than those regulated by
statute, may be called at any time by the President, or the Board of Directors, and must be called by
the President upon written request of the members which comprise members entitled to vote at such
special meeting. Written notice of such meeting stating the place, the date and hour of the meeting,
the purpose or purposes for which it is called, and the name of the person by whom or at whose
direction the meeting is called shall be given. The notice shall be given to each member of record
in the same manner as notice of the annual meeting. No business other than that specified in the
notice of the meeting shall be transacted at any such special meeting, unless all members are present
or otherwise consent to or ratify such other transaction of business.
Section 3. Notice of Members Meetings. The Secretary shall give written notice stating
the place, day, and hour of the meeting, and in the case of a special meeting, the purpose or
purposes for which the meeting is called, which shall be delivered not less than ten (10) nor more
than fifty (50) days before the date of the meeting, either personally or by mail to each member of
record entitled to vote at such meeting. If mailed, such notice shall be deemed to be delivered when
deposited in the United States mail, addressed to the member at his address as it appears on the
books of the Association, with postage thereon prepaid.
Section 4. Place of Meeting. The Board of Directors may designate any place, either within
or without the State of Montana, as the place of meeting for any annual meeting or for any special
meeting called by the Board of Directors_ A waiver of notice signed by all members entitled to vote
at a meeting may designate any place, either within or without the State of Montana, as the place
for the holding of such meeting. If no designation is made, or if a special meeting be otherwise
called, the place of meeting shall be the principal office of the Association.
Section 5. Record Date. The Board of Directors may fix a date not less than ten (10) nor
more than fifty (50) days prior to any meeting as the record date for the purpose of determining
members entitled to notice of and to vote at such meetings of the members. The transfer books may
be closed by the Board of Directors for a stated period not to exceed (50) days for the purpose of
determining members entitled to receive payment of any dividend, or in order to make a
determination of members for any other purpose.
Section 6. Quorum. A majority of votes of the Association, represented in person or by
proxy, shall constitute a quorum at a meeting of members. if less than a majority of the votes are
represented at a meeting, a majority of the votes so represented may adjourn meeting from time to
time without further notice. At a resumed meeting after any such adjournment at which a quorum
shall be present or represented, any business may be transacted which might have been transacted
at the meeting as originally noticed. The members present at a duly organized meeting may
Exhibit D- 3 of 9
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continue to transact business until adjournment, notwithstandingthew ithdrawal of members in such
number that less than a quorum remain.
Section 7. Votin—g. The voting rights are governed by the Articles of Incorporation if that
occurs and until then by these Bylaws and the Declaration of Unit Ownership. Association
Members shall be allowed cumulative voting for directors.
Section 8. Proxies. At all meetings of members, a member may vote in person or by proxy
executed in writing by the member or by his duly authorized attorney in fact. Such proxy shall be
filed with the Secretary of the Association before or at the time of the meeting. No proxy shall be
valid after eleven (1 1) months from the date of its execution, unless other wise provided in the
proxy.
Section 9. informal Action by Members. Any action required to be taken at a meeting
of the members, or any action which may be taken at a mceting of the members, may be taken
without a meeting if consent in writing, setting forth the action so taken, shall be signed by all of
the members entitled to vote with respect to the subject matter thereof.
ARTICLE VI - BOARD OF DIRECTORS
Section 1. General Powers. The business and affairs of the Association shall be managed
by its Board of Directors. The Board of Directors may adopt such rules and regulations for the
conduct of their meetings and the management of the Association as they deem proper.
Section 2. Regular Meetings. A regular meeting of the Board of Directors shall be held
without other notice than by this Bylaw, immediately following after and at the same place as the
annual meeting of members. The Board of Directors may provide, by resolution, the time and place
within or without the State of Montana, for the holding of additional regular meetings without other
notice than this resolution.
Section 3. Special Meetings. Special meetings of the Board of Directors within or without
the State of Montana, may be called by order of the Chainnan of the Board, the President, or by the
Directors. The Secretary shall give notice of the time, place and purpose of each special meeting
by mailing the same at least two (2) days before the meeting or by telephoning or telegraphing the
same at least one day before the meeting to each Director.
Section 4. Ouorurn. A majority of the members of the Board of Directors shall constitute
a quorum for the transaction of business, but less than a quorum may adjourn any meeting from
time to time until a quorum shall be present, whereupon the meeting may be held, as adjourned,
without further notice. At any meeting at which every director shall be present, even though
without any notice, any business may be transacted.
Section 5. Manner of Actin. At all meetings of the Board of Directors, each Director
shall have one vote. The act of a majority present at a meeting shall be the act of the Board of
Directors, provided a quorum is present.
Exhibit D- 4 of 9
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Section 6. Vacancies. A vacancy in the Board of Directors shall be deemed to exist in case
of death, resignation, or removal of any Director, or if the authorized number of Directors be
increased, or if the members fail at any meeting of members at which any Director is to be elected,
to elect the full authorized number to be elected at that meeting. Any vacancy shall be filled by first
allowing the unit owner who is not represented to name a new director and upon failure to so name,
after written notice requiring the same within 30 days, by then allowing the Director(s) then in
office, though less than a quorum, to name the replacement to hold office until the next annual
meeting or until his successor is duly elected and qualified, except that any directorship to be filled
by reason of removal by member action may be filled also by member action at the same time as
removal. No reduction of the authorized number of Directors shall have the effect of removing any
Director prior to the expiration of his tenn of office.
Section 7. Removals. Any director, except those appointed by the Declarant, may be
removed at any time by member action as set forth in herein.
Section 8. Resignation. A Director may resign at any time by delivering written
notification thereof to the President or Secretary of the Association. Resignation shall become
effective upon its acceptance by the Board of Directors; provided, however, that if the Board of
Directors has not acted thereon within ten (10) days from the date of its delivery, the resignation
shall upon the tenth day be deemed accepted. Any Director who is not a member of the Association
and who ceases his employment with the Association shall be deemed to have resigned as a
Director effective on the date he ceases his employment with the Association.
Section 9. Presumption of Assent. A Director of the Association who is present at a
meeting of the Board of Directors at which action on any corporate matter is taken shall be
presumed to have assented to the action taken unless his dissent shall be entered in the minutes of
the meeting or unless he shall file his written dissent to such action with the person acting as the
secretary of the meeting before the adjournment thereof or shall forward such dissent by registered
mail to the Secretary of the meeting immediately after the adjournment of the meeting. Such right
to dissent shall not apply to a Director who voted in favor of such action.
Section 10. Compensation. By resolution of the Board of Directors, the Directors may be
paid their expenses, if any, of attendance at each meeting of the Board of Directors, and may be
paid a fixed sum for attendance at each meeting of the Board of Directors or a stated salary as
Director. No such payment shall preclude any Director from serving the Association in any other
capacity and receiving compensation therefor.
Section 11. Emergency Power. When, due to a national disaster or death, a majority of
the Directors are incapacitated or otherwise unable to attend the meetings and function as Directors,
the remaining members of the Board of Directors shall have all the powers necessary to function
as a complete Board, and for the purpose of doing business and filling vacancies shall constitute
a quorum, until such time as all Directors can attend or vacancies can be filled pursuant to these
Bylaws.
Section 12. Chairman. The Board of Directors may elect from its own number a Chairman
of the Board, who shall preside at all meetings of the Board of Directors, and shall perform such
Exhibit D- 5 of 9
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Paula Robinson, flathead CountyMT b NC Fees: $160.00
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other duties as may be prescribed from time to time by the Board of Directors. Chairman of the
Board shall also serve as President of the Association.
ARTICLE V11 - OFFICERS
Section 1. Number. The officers of the Association in addition to the Chairman of the
Board (President) as stated above, may at the discretion of the Board of Directors include a Vice
President, a Secretary, and a Treasurer, each of whom shall be elected by a majority of the Board
of Directors. Such other officers and assistant officers as may be deemed necessary may be elected
or appointed by the Board of Directors. In its discretion, the Board of Directors may leave unfilled
for any such period as it may dcterrline any office except those of President and Secretary. Any two
or more offices may be held by the same person. Officers may or may not be Directors or members
of the Association.
Section 2. Election and Term of Office. The officer of the Association to be elected by
the Board of Directors shall be elected annually by the Board of Directors at the first meeting of the
Board of Directors held after each annual meeting of the members. If the election of officers shall
not be held at such meeting, such election shall be held as soon thereafter as convenient. Each
officer shall hold office until his successor shall have been duly elected and shall have qualified or
until his death or until he shall resign or shall have been removed in the manner hereinafter
provided.
Section 3. Resignations. Any officer may resign at any time by delivering a written
resignation either to the President or to the Secretary. Unless otherwise specified therein, such
resignation shall take effect upon delivery.
Section 4. Removal. Any officer or agent may be removed by the Board of Directors
whenever in its judgment the best interests of the Association will be served thereby, but such
removal shall be without prejudice to the contract rights, if any, of the person so removed. Election
or appointment of an officer or agent shall not of itself create contract rights. Any such removal
shall require a majority vote of the Board of Directors, exclusive of the officer in question if lie is
also a Director.
Section 5. President. The President shall be the chief executive and administrative officer
of the Association. He shall preside at all meetings of the members and at meetings of the Board
of Directors. He shall exercise such duties as customarily pertain to the office of President and
shall have general and active supervision over the property, business, and affairs of the Association
and over its several officers. He may appoint offices, agents, or employees other than those
appointed by the Board of Directors. He may sign, execute and deliver in the name of the
Association powers of attorney, contracts, bonds and other obligations and shall perform such other
duties as may be prescribed from time to time by the Board of Directors or by the Bylaws.
Section 6. Vice -President. The Vice -President shall have such powers and perform such
duties as may be assigned to him by the Board of Directors or the President. hn the absence or
disability of the President, the Vice -President shall perforn the duties and exercise the powers of
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the President. A Vice -President may sign and execute contracts and other obligations pertaining to
the regular course of his duties.
Section 7. Secretary. The Secretary shall, subject to the direction of the President, keep
the minutes of all meetings of the members and of the Board of Directors and, to the extent ordered
by the Board of Directors or the President, the minutes of meetings of all committees. He shall
cause notice to be given of meetings of members, of the Board of Directors, and of any committee
appointed by the Board. He shall have custody of the corporate seal and general charge of the
records, documents and papers of the Association not pertaining to the performance of the duties
vested in other officers, which shall at all reasonable times be open to the examination of any
Director. He may sign or execute contracts with the President or the Vice -President in the name of
the Association and affix the seal of the Association thereto. He shall perform such other duties
as may be prescribed from time to time by the Board of Directors or by the Bylaws. He shall be
sworn to the faithful discharge of his duties. Assistant Secretaries shall assist the Secretary and
shall keep and record such minutes of meetings as shall be directed by the Board of Directors.
Section 8. Treasurer. The Treasurer shall, subject to the direction of the President, have
general custody of the collection and disbursement of funds of the Association. He shall be
responsible for endorsing on behalf of the Association for collection checks, notes and other
obligations, and depositing the same to the credit of the Association in such bank or banks or
depositories as the Board of Directors may designate. He or the Secretary may sign, with the
President or such other persons as maybe designated for the purpose by the Board of Directors, all
bills of exchange or promissory notes of the Association. He shall enter or cause to be entered
regularly in the books of the Association full and accurate account of all monies received and paid
on account of the Association, shall at all reasonable times exhibit his books and accounts to any
Director upon application at the office of the Association during business hours; and, whenever
required by the Board of Directors or the President, shall render a statement of his accounts. He
shall perform such other duties as may be prescribed from time to time by the Board of Directors
or by the Bylaws. He shall give bond for the faithful performance of his duties in such sum and
with or without such surety as shall be required and approved by the Board of Directors. He has
authority to employ independent accountants with approval of the Board of Directors.
Section 9. General Manager. The General Manager shall be the Manager as set forth in
the Declaration of Unit ownership. He shall be the chief operating officer of the Association, and,
subject to the directions of the Board of Directors and the President, shall have general charge of
the business operations of the Association and general supervision over its employees and agents.
He shall have the exclusive management of the business of the Association and of all of its
dealings, but at all times subject to the control of the Board of Directors.
Section 10. Other Officers. Other officers shall perform such duties and have such powers
as may be assigned to them by the Board of Directors.
Section 11. Salaries. The salaries or other compensation of the officers of the Association,
if any, shall be fixed, by contract or otherwise, from time to time by the Board of Directors, except
that the Board of Directors may delegate to any person or group of persons the power to fix the
salaries or other compensation of any subordinate officers or agents. No officer shall be prevented
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from receiving any such salary or compensation by reason of the fact that he is also a Director of
the Association.
Section 12. Suretv Bonds. In case the Board of Directors shall so require, any officer or
agent of the Association shall execute to the Association a bond in such sums and with such surety
or sureties as the Board of Directors may direct, conditioned upon the faithful perfornance of his
duties to the Association, including responsibility for negligence and for the accounting for all
property, monies or securities of the Association which may come into his hands.
ARTICLE Vill( - CONTRACTS, LOANS, CHECKS AND DEPOSITS
Section 1. Contracts. The Board of Directors may authorize any officer or officers, agent
or agents, to enter into any contract or execute and deliver any instrument in the name of and on
behalf of the Association, and such authority may be general or confined to specific instances.
Section 2. Loans. No loan or advance shall be contracted on behalf of the Association, no
negotiable paper or other evidence of its obligation under any loan or advance shall be issued in its
name, and no property of the Association shall be mortgaged, pledged, hypothecated, or transferred
as security for the payment of any loan, advance, indebtedness or liability of the Association unless
and except as authorized by the Board of Directors. Any such authorization may be general or
confined to specific instances.
Section 3. Deposits. All funds of the Association not otherwise employed shall be deposited
from time to time to the credit of the Association in such banks, trust companies or other
depositories as the Board of Directors may select, or as may be selected by any officer or agent
authorized to do so by the Board of Directors.
Section 4. Checks and Drafts. All notes, drafts, acceptances, checks, endorsements and
evidences of indebtedness of the Association shall be signed by such officer or officers or such
agent or agents of the Association and in such manner as the Board of Directors from time to time
may determine.
ARTICLE IX - WAIVER OF NOTICE
Whenever any notice is required to be given to any member or Director of the Association under
the provisions of these Bylaws or under the provisions of the Articles of Incorporation if applicable,
or under the provisions of the Montana Non -Profit Corporation Act, a waiver thereof in writing
signed by the person or persons entitled to such notice, whether before or after the time stated
therein, shall be deemed equivalent to the giving of such notice and shall constitute a release of any
claim based upon or arising out of the failure to give or receive such notice. Attendance at any
meeting shall constitute a waiver of notice of such meeting, except where attendance is for the
express purpose of objecting to the legality of that meeting.
ARTICLE X - AMENDMENTS
Exhibit D- 8 of 9
III IN FPage: is of 20
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Paula Robinson, Flathead County MT by NC
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These Bylaws may be altered, amended, repealed or new bylaws adopted by a majority of the
entire Board of Directors at any regular or special meeting. Any bylaw adopted by the Board shall
not be effective unless approved by 75% of the Unit Owners, as defined in 70-23-102(16), Montana
Code Annotated, and until a copy of the bylaws, as amended, certified by the presiding officer and
secretary of the association of Unit Owners, is recorded.
The foregoing Bylaws were approved and adopted by the Board of Directors ofJS 6"' Ave West
Condominiums Association of Unit Owners, Inc. this .-7 day of May, 2009.
APPROVED:
A "f
Jereifiy Seldefs, Director
CONSENT AND APPROVAL
We, the undersigned, being all of the members of the above Association, do hereby approve the
foregoing Bylaws for said Association, and we do hereby ratify the action of the Board of Directors
in their adoption of said Bylaws.
APPROVED:
Jeremy Sclders, Member
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Exhibit D- 9 of 9
Plat Room
Flathead County, Montana
800 S. Main St.
Kalispell, MT 59901
(406) 758-5510
This Form is for Condominiums Only
FOR: Jeremy Selders DATE: 05/08/2009
DESCP : JS 6th Ave West Condo on PURPOSE: DUO
TR 8PAA in 18-28-21
YEARS ASSESSOR #
2005 thru 2008 0610466
I hereby certify, that there are no outstanding taxes on the property
assigned the assessor numbers listed above, for the years indicated for
each assessor number. ,
I HE.4,D
O� C0
Deputy Treasurer
(seal)w s
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