Section 1. Purpose

The Oakhaven Homeowners' Association ("OHA") is a mandatory homeowners' association established to protect and enhance the value of the Oakhaven Plan, a covenant-controlled development. A governing body within the OHA, the Board of Directors of the OHA, shall be responsible for planning, funding, and implementing actions to maintain the common areas of the Oakhaven Plan and ensuring individual homeowners' compliance with the provisions of the Declaration for the Oakhaven Plan.

Section 1: Membership

Every person or entity who is a record owner of a fee simple title to any lot which is a part of the Oakhaven Plan shall be a member of the OHA and shall remain a member for the period of his or her ownership.

Section 2: Voting

Each member shall be entitled to one vote at all meetings of the members of the OHA.  Members may cast their vote either in person, by proxy, or by submitting the vote via electronic transmission prior to the meeting.  A majority vote of the members represented in person, by proxy, or by their electronic transmission at any members’ meeting shall govern in all matters properly brought before the meeting.

Section 3: Proxies

All proxies shall be in writing and shall be filed with the OHA secretary for recording prior to the meeting.

Section 1.  Organization and Duties of the Board 

The Board of Directors of the OHA (the "Board") shall be comprised of the officers of the OHA and one at-large member. The officers of the OHA shall be a president, a vice president, a secretary, and a treasurer. The Board shall have the power to enforce the provisions of the protective covenants for the Oakhaven Plan as set forth in the Declaration.

Section 2. Election and Term

The Board shall be elected at the May general meeting from among the members of the OHA. Board members shall be elected to a one-year term effective as of the close of the May general meeting. Board members shall be eligible to serve up to two additional one-year terms.

Section 3. Nominating Committee 

Prior to the end of the term, the Board or its designee(s) shall serve as the Nominating Committee to fill the upcoming vacancies on the Board. In this capacity, the Board shall seek nominations from among the members (both in writing prior to the May general meeting and form the floor during the meeting), verifying each nominee's willingness to serve, and prepare a ballot with the slate of officers. The Nominating Committee will announce the election prior to the May meeting. The Nominating Committee will conduct the voting, tally the votes and announce the new officers by the end of the May general meeting.

Section 4. Vacancies

Any vacancy on the Board may be filled by the members at any special members' meeting or by a majority of the remaining Board members.

Section 5. Removal from the Board

Board members shall lawfully execute their duties in good faith and in the best interests of the OHA. A Board member may be removed for cause by a 2/3 vote of all persons present and entitled to vote at a meeting of the OHA membership.

Section 6. Failure to Elect Board Members 

In the event that the OHA is unable to nominate and elect willing members to serve on the Board, the current Board will remain in place until the services of a professional manager can be secured.  In the event that the services of a professional manager is secured to execute the duties of the Board, a special meeting will be called in order to approve the manager, to review the budget, and when warranted, to increase assessments in order to fund the professional manager responsibilities.

Section 1. President  

The president or his or her designee shall preside over all general meetings of the Association and shall guide and coordinate the work of the Board and its committees. The president shall be responsible for issuing resale certificates for the OHA. The president shall also be responsible for preparing, executing, certifying, and recording any amendments to the Declaration.

Section 2. Vice President 

The vice president shall serve as an aide to the president and shall assume the role of the president if that position becomes vacant for any reason or during temporary absence of the president.

Section 3. Secretary

The secretary shall record, transcribe, copy, and distribute the minutes of all general meetings of the Association and Board meetings. Copies of these minutes shall be contained in a three-ringed binder and made available for review by any OHA member. The secretary shall also maintain copies of all OHA-related correspondence.

Section 4. Treasurer

The treasurer shall receive all monies due to the OHA, keep an accurate record of receipts and expenditures, and shall pay out funds approved in the budget or as authorize by the Board as outlined in Article VII. The treasurer shall prepare an annual statement of income and expenses and shall present a written financial statement at every general meeting.

Section 1. General Meetings  

General meetings of the OHA shall be scheduled by the Board as deemed appropriate for the proper functioning of the OHA. There shall be, at a minimum, an annual meeting which shall be held in May.

Section 2. Notice of Meetings 

Notice of all general meetings shall be mailed at least 10 days prior to the meeting. Such notice shall be accompanied by a proxy form when there are issues requiring a vote. Notice shall be sent by the president and shall state the time and place of the meeting the items on the agenda, including the general nature of any proposed amendment to the declaration or bylaws, any budget or assessment changes, and the proposal to remove any Board member.

Section 3. Board Meetings

The Board shall meet at least quarterly or as often as necessary to accomplish its duties.

Section 4.  Quorum:

For purposes of general meetings of the Association and meetings of the Board those present, either in person or by written proxy, shall constitute a quorum capable of transacting all business properly brought before the meeting.

Section 1. Committees  

The Board may appoint committees of the Board (consisting of at least one Board member) and delegate to such committees the authority to carry out certain duties of the Board, subject to the overall approval and control of the Board.  Non-Board Committees may be established by the Board to accomplish certain tasks relative to the OHA.

Section 1. Fiscal Year

The fiscal year shall begin on June 1 and end on the next succeeding May 31.

Section 2. Budget

The Board shall present a proposed budget at the May general meeting for review and approval by the members. A copy of the proposed budget shall accompany the notice of the May general meeting,

Section 3. Dues

Dues shall be established annually, after approval of the proposed budget. The Treasurer shall be responsible for collecting all dues and shall have the authority along with the other members of the Board to enforce the collection of dues in accordance with the provisions set forth in the Declaration. Additional quarterly assessments may be made in accordance with the provisions set forth in the Declaration.

Section 4. Fiscal Planning

A minimum of $1,000 will be set aside at the end of each Fiscal Year to provide for start-up funds for the next year.

Section 5. Bank Account

The officers shall deposit any funds collected into a commercial bank account with the OHA as the named party on the account.

Reflects approved changes filed and legally official October 25, 2023