This document sets forth the basic terms of a corporation's existence, including the number and classes of shares and the purposes and duration of the corporation. This is to be filed with your Secretary of State or Corporate Division's records in order to officially start up a corporation. In some states, this form has another name such as, Articles of Formation or Certificate of Incorporation, but the effect is the same. The form itself is relatively brief, anywhere from one to four pages long. You fill out the form with your information, normally including the corporate name, the names and addresses of the owners, directors and/or officers, the share price, number of shares issued and shares owned by each owner, location of the corporation's registered office and registered agent for receipt of legal process, and other required information, which varies slightly from state to state. The completed form must be mailed in as instructed, with a filing fee.
ARTICLES OF INCORPORATION OF ___________________________________________________ (Homeowner’s Association) The undersigned, desiring to form a non-profit corporation pursuant to and in accordance with _______ Code Chapter ________, does hereby certify as follows: FIRST: The name of the non-profit corporation shall be “______________ Homeowners Association, Inc.” (hereinafter the “Association”). The place in ___________ where the principal office of the Association is to be located is c/o _________________________________, or such place in ______ County, ___________, as the Board of Directors of the Association shall specify from time to time. The Association is being created to maintain, govern and administer certain common area interests in a residential development known as _________________ in ___________ County, ___________ (the “Development”). The purposes for which the Association is formed are to own real property dedicated as common areas within the Development, to be and to act as the homeowners’ association for the Development and, without limitation, for the following purposes: (a) To provide for the maintenance, preservation and architectural control of the property of the Development and to promote the health, safety and welfare of the residents of the Development; To exercise all of the powers and privileges and perform all of the duties and obligations of the Association as set forth in these Articles of Incorporation, and the recorded Covenants and Conditions and Restrictive Covenants for the Development and Bylaws of the Association (the “Articles”, the “Covenants” and the “Bylaws”, respectively); To fix, levy, collect and enforce payment by any lawful means, all charges or assessments pursuant to the terms of the Covenants and/or Bylaws and pay all expenses in connection therewith and all officer and other expenses incident to the conduct of the business of the Association; To acquire (by gift, purchase or otherwise) own, hold, improve, build upon, operate, maintain, convey, sell, lease, transfer or otherwise dispose of real or personal property in connection with the affairs of the Association; To borrow money to fulfill its purposes; To administer and enforce terms, conditions, covenants, restrictions and regulations upon, under, and subject to which the Development or any part thereof may now or hereafter be used, and fix and provide any such terms, conditions, covenants, restrictions, and regulations, and administer, enforce, alter, amend, change, add to, extend, waive, or terminate, in whole or in part, SECOND: THIRD: (b) (c) (d) (e) (f) any of the same; (g) To provide the residents of the Development with (a) services as set forth in the Covenants and Bylaws; and (b) common area maintenance services; To have and exercise any and all powers, rights, and privileges which a corporation organized under _______ law may now or hereafter have or exercise by law; and To take any action necessary, expedient, incidental, appropriate or convenient to the carrying out of the foregoing purposes. (h) (i) The Association shall not do any act or enter into any agreement or enter into any transaction in a manner which would violate any provision of these Articles, the Covenants or the Bylaws. FOURTH: Every person or entity who is a record owner of a fee simple interest in a lot within the Development shall be a member of the Association and is herein called a “Lot Owner”. The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation. Membership shall be appurtenant to and may not be separated from ownership of a lot, and transfer of a lot shall automatically transfer membership to the transferee. Voting rights of members shall be as set forth in the Covenants and/or Bylaws (the latter of which shall also be and serve as the Association’s Code of Regulations). The persons having the authority to manage and conduct the affairs of the Association shall be known as the Board of Directors as set forth within the Covenants and/or the B
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