Amended Articles of Incorporation
Of
Chinquapin Homeowners Association

A California non-profit Mutual Benefit Corporation

Last revised on March 5, 2001

We, the undersigned, do hereby associate ourselves together for the purpose of forming a non-profit mutual benefit corporation, pursuant to the Non-Profit Mutual Benefit Corporation Law, and for that purpose do hereby adopt the following Articles of Incorporation:

ARTICLE I

The name of the corporation is:

Chinquapin Homeowners Association

ARTICLE II

This corporation is a non-profit mutual benefit corporation organized under the Non-Profit Mutual Benefit Corporation Law. The purpose of this corporation is to engage in any lawful act or activity for which a corporation may be organized under such law. This corporation elects to be governed by all of the provisions of the Non-Profit Corporation Law of 1980 not otherwise applicable to it under Part 5 thereof.

The specific and primary purposes for which this corporation is formed are to provide for the management, maintenance and preservation of the property over which this corporation has jurisdiction, every part thereof, and the improvements thereon for the benefit of the owners thereof, for their pleasure, recreation and other non-profit purpose, and in furtherance of the foregoing purposes to do any and all things which may be authorized, required or permitted to be done by the corporation under and by virtue of any Declaration of Covenants, Conditions and Restrictions affecting the property which is subject to the jurisdiction of this corporation, and to do and perform all acts which may be necessary or proper of or incidental to the exercise of any of the express powers of this corporation, for the peace, health, comfort, safety or general welfare of the owners and occupants of property subject to the jurisdiction of this corporation.

ARTICLE III

In addition and incidental to the specific and primary purposes for which this corporation is formed, this corporation may carry on any other lawful activity or do anything whatsoever which the corporation may deem proper or convenient or capable of being carried on, in connection with the foregoing or otherwise, or which may be calculated directly or indirectly to promote the interests of the corporation or of the property over which it has jurisdiction; and to have, enjoy and exercise all rights, powers and privileges which are now or which may hereafter be conferred upon non-profit corporations by the laws of California, including the right to do any and all of the things hereinbefore set forth, as principal and as agent, to the same extent as natural persons might or could do.

ARTICLE IV

“Property over which this corporation has jurisdiction” or “property subject to the jurisdiction of this corporation”, as the foregoing terms are used in these Articles, is and refers to that certain real property, or any part or parts or portion or portions thereof, or interest or estate therein, in the County of Placer, State of California, more particularly hereafter in this Article IV described, which is or may hereafter be, but only as and when, made subject to a recorded Declaration of Covenants, Conditions and Restrictions. The real property referred to in this Article IV is described as follows:

Lots 1 through 37 all as shown on that certain Subdivision map entitled DOLLAR COVE PHASE ONE filed in the Office of the Recorder of the County of Placer, State of California, on the 8th day of June 1971, in Book “J” of Maps at page 25 and following, a portion of said Lot 37 having reverted to acreage as shown on that certain Map entitled REVERSION TO ACREAGE PLAT OF PORTION OF LOT 37, DOLLAR COVE PHASE ONE filed in the Office of the Recorder of the County of Placer, State of California, on the 30th day of May 1973, in Book “J” of Maps at page 48 and following;

Lots 38 through 71 all as shown on that certain Subdivision Map entitled CHINQUAPIN PHASE 2 filed in the Office of the Recorder of the County of Placer, State of California, on the 4th day of April 1972, in Book “J” of Maps at page 48 and following;

Lots 72 through 93 and Lots A, B and C as shown on that certain Subdivision Map entitled CHINQUAPIN PHASE 3-A filed in the Office of the Recorder of the County of Placer, State of California, on the 30th day of May 1973, in Book “J” of Maps at page 79 and following;

Lots 94 through 116 all as shown on that certain Subdivision Map entitled CHINQUAPIN PHASE 3-B filed in the Office of the Recorder of the County of Placer, State of California, on the 30th day of May 1973, in Book “J” of Maps at page 80 and following;

Lots 117 through 194 all as shown on that certain Subdivision map entitled CHINQUAPIN PHASE 4 filed in the Office of the Recorder of the County of Placer, State of California, on the 5th day of June 1974, in Book “K” of Maps at page 24 and following, as amended by A RESUBDIVISION OF A PORTION OF TRACE NO. 292 CHINQUAPIN PHASE 4 filed in the Office of the Recorder of the County of Placer, State of California, on the 27th day of February 1975, in Book “K” of Maps at page 37 and following.

ARTICLE V

The principal office for the transaction of business of this corporation is to be located in the County of Placer, State of California.

ARTICLE VI

This corporation shall be governed by a Board of Directors. The number of Directors of the corporation shall be seven (7) which number shall constitute the authorized number of Directors until changed by amendment of these Articles.

ARTICLE VII

The Articles may be amended, altered, changed or repealed in the manner now or hereafter prescribed by law, and all rights conferred upon members hereof are granted subject to this reservation.

ARTICLE VIII

This corporation shall have one class of members whose rights and interests shall be equal and identical. Each person who or which is shown by a duly acknowledged instrument recorded in the Office of the County Recorder of Placer County, State of California, to be the owner of a fee interest in one or more unit ownerships (as defined in the Declaration of Covenants, Conditions and Restrictions affecting the property subject to the jurisdiction of this corporation) may be a member of this corporation, provided and excepting that:

1. Notwithstanding that more than one person may be shown of record to be the owner of one unit ownership jointly or in common with others, only one of such joint or common owners shall be a member. With regard to any unit ownership held by more than one person as joint tenants or tenants in common shall advise this corporation in writing, and until this corporation receives such advice, the member shall be the one of such joint tenants or tenants in common who shall be designated by the Board of Directors.
2. Membership shall subsist and continue only for so long as such unit ownership is shown of record to be the unit ownership of the member. Membership in this corporation shall not terminate upon the death of a member but all of the rights of such member shall be vested in the personal representative of such deceased member; provided, however, that if the unit ownership held by such deceased member which entitled such member to membership was held jointly or in common with another or others who survive such member, then upon death of such deceased member the membership of such member shall terminate, and such other or one of such other joint or common owners shall become the member.
3. Notwithstanding that this corporation may own any such unit ownership as would otherwise entitle this corporation to be a member, this corporation shall not be a member.

ARTICLE IX

The voting rights of this corporation shall be vested in the members hereof. Each member shall be entitled to one vote for each unit ownership of which he is shown by an instrument recorded in the Office of the County Recorder of Placer County, California, to be the owner, and, in the case of unit ownership, shown of record to be owned jointly or in common by more than one person for each unit ownership, in regard to which he is or is deemed to be the member according to the provisions of Article X hereof.

ARTICLE X

This corporation shall have no capital stock and is not formed for profit. It is a corporation which does not contemplate the distribution of accumulations, gains, profits, or dividends to the members thereof, and is a corporation, no part of the accumulations, gains or corporation shall consist of the carrying on of propaganda or otherwise to influence legislation.

ARTICLE XI

All of the assets and property of this corporation are irrevocably dedicated to community and civic welfare and interest, and upon the liquidation, dissolution or abandonment of this corporation none of its assets or property shall inure to the benefit of any private person, but shall be distributed to a fund or funds, foundation or foundations, or corporation or corporations organized and operated for the purpose of aiding and developing community and civic welfare and interest within the limits of the County of Placer, State of California, or within such limits and elsewhere; provided, however, that in the absence of a specific designation or designations by the person or persons or board having authority so to do, then the same shall be distributed to the County of Placer, State of California, for park and recreational purposes.

ARTICLE XII

These Articles may be amended only by resolution of the Board of Directors and the vote or written consent of sixty-six and two-thirds percent (66-2/3%) of the members entitled to vote.

For inquiries please contact the appropriate Board Member or Committee Chairperson.

"Keeping Chinquapin Homeowners Informed"

URL: http://chinquapinhoa.com/incorporation.htm
Last modified: 10/12/06