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Articles of IncorporationARTICLES OF INCORPORATION OF PALISADES WEST y HOMEOWNERS ASSOCIATION THURSTON COUNTY, WASHINGTON In compliance with the requirements of 24.03 RCW, the undersigned, resident of the State of Washington and who is of full age, has this day voluntarily associated for the purpose of forming a corporation not for profit and does hereby certify: ARTICLE I NAME OF ASSOCIATION The name of the corporation is PALISADES WEST Homeowners Association, hereafter called the "Association." ARTICLE II OFFICE OF ASSOCIATION The principal office of the Association is located at 4200 6th Avenue SE, Suite 301, Lacey, .~ Washington 98503. ARTICLE III REGISTERED AGENT The registered agent of the Association is FH1, LLC, whose address is 4200 6th Avenue SE, Suite 301, Lacey, WA 98503. ARTICLES OF INCORPORATION PALISADES WEST HOMEOWNERS ASSOCIATION Page 1 of 6 ARTICLE IV PURPOSE AND POWERS OF THE ASSOCIATION This Association does not contemplate pecuniary gain or profit to the Members, and the specific purposes for which it is formed are to create and adopt By-Laws by the Board of Directors, to provide for preservation and architectural control of the residential lots and maintenance and preservation of the Common Areas, the Storm Drainage System, and the street lights, and to promote the health, safety and welfare of the residents within the above described property and any additions thereto as may hereafter be brought within the jurisdiction of this Association for this purpose to: (a) Exercise all of the powers and privileges and to perform all of the duties and obligations of the Association as set forth in that certain Declaration of Covenants, Conditions and Restrictions, hereinafter called the "Declaration", applicable to the property and recorded, or to be recorded, in the Office of the Auditor in and for Thurston County Washington ,and as the same may be amended from time to time as therein provided, said Declaration being incorporated herein as if set forth at length, (b) Fix, levy, collect and enforce payment by any lawful means, all charged or assessments pursuant to the terms of the Declaration; to pay all expenses incident to the conduct of the business of the Association, including all licenses, taxes or governmental charges levied or imposed against the property of the Association; (c) Acquire (by gift, purchase or otherwise), own, hold, improve, build upon, operate, maintain, convey, sell, lease, transfer, dedicate for public use or otherwise dispose of real or personal property in connection with the affairs of the Association; ;~ (d) Borrow money with the assent of two-thirds (2/3) of each class of Members, through mortgages, pledges, deeds in trust, of some or all of its real or personal property as security for money borrowed or debts incurred; (e) Dedicate, sell or transfer all or any part of the Common Area to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed by the Members. No such dedication or transfer shall be effective unless an instrument has been signed by two-thirds (213) of each class of Members, agreeing to such dedication, sale or transfer; ARTICLES OF INCORPORATION PALISADES WEST HOMEOWNERS ASSOCIATION Page 2 of 6 (f) Have and to exercise any and all powers, rights and privileges which a corporation organized under the Non-Profit Corporation Law of the State of Washington by law now or hereafter may have or exercise. (g) In the event FH1, LLC, the Project Proponent, successors or the PALISADES WEST Homeowners Association in the judgment of The City of Yelm, fails to maintain drainage facilities within the plat, or if the Proponent, successors or the PALISADES WEST Homeowners Association willfully or accidentally reduces the capacity of the drainage system or renders any part of the drainage system unusable, the Proponent, successors or PALISADES WEST Homeowners Association agree to the following remedy; After 30 days notice by registered mail to the Proponent, successors or Homeowners Association, the City of Yelm may correct the problem or maintain facilities as necessary to restore the full design capacity of the drainage system. The City of Yelm will bill the present owner of the drainage tracts for all costs associated with the engineering and construction of the remedial work. The City of Yelm may charge interest as allowed by law from the date of completion of construction. The City of Yelm will place a lien on the property and/or on the lots in PALISADES WEST Homeowners Association for payments in arrears. Costs or fees incurred by the City of Yelm, should legal action be required to collect such payments, shall be borne by the present owner of the drainage tracts lots. ARTICLE V MEMBERSHIP Every person or entity who is a record owner of a fee or undivided fee interest in any lot, which is subject by covenants of record to assessment by the Association, including contract purchasers, shall be ~~ Members of the Association. 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 any Lot which is subject to assessment by the Association, ARTICLE VI VOTING RIGHTS The Association shall have two classes of voting membership: ARTICLES OF INCORPORATION PALISADES WEST HOMEOWNERS ASSOCIATION Page 3 of 6 Class A: Class A Members shall be all Lot Owners, with the exception of the Declarant, and shall be entitled to one vote for each Lot, When more than one person holds an interest in any Lot, all such persons shall be members. The vote 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 shall be the Declarant (as defined in the Declaration or successors or assigns of Declarant), and shall be entitled to three (3) 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) when the total votes outstanding in the Class A membership equal the total votes outstanding in the Class B membership; or (b) on ~~~~M3~. 3 ( , a-n D~ ARTICLE VII BOARD OF DIRECTORS The affairs of this Association initially shall be managed by a Board of one (1) Director who need not be a Member of the Association. At such time as Class B Membership shall cease to exist, the number of directors shall increase to five (5). The number of Directors may be changed by amendment of the By- laws of the Association. The name and the address of the person who is to act in the capacity of Director until the selection of the successors is: NAME ADDRESS STEVEN L. CHAMBERLAIN 4200 6m Avenue SE, Suite 301 ~~ Lacey, WA 98503 At the first annual meeting the Members shall elect two Directors for a term of one year, two Directors for a term of two years and one Director for a term of three years; and at each annual meeting thereafter the Members shall elect one Director for a term of three years for each Director whose term of office expires at such time. ARTICLES OF INCORPORATION PALISADES WEST HOMEOWNERS ASSOCIATION Page 4 of 6 ARTICLE VIII DISSOLUTION The association may be dissolved with the assent given in writing and signed by not less than two thirds (213) of the members. Upon dissolution of the Association, other than incident to a merger or consolidation, the assets of the Association shall be dedicated to an appropriate public agency to be used for the purposes similar to those for which this Association was created. In the event that such dedication is refused acceptance, such assets shall be granted, conveyed and assigned to any non-profit corporation, association, trust or other organization to be devoted to such similar purposes. ARTICLE IX DURATION The Corporation shall exist perpetually. ARTICLE X AMENDMENTS Amendment of these Articles shall require the assent of seventy-five percent (75%) of the entire membership. ARTICLE XI FHANA APPROVAL `:~ As long as there is Class B membership, the following actions will require the prior approval of the Federal Housing Administration or the Veteran's Administration: Annexation of additional properties, mergers and consolidations, mortgaging of Common Area, dissolution and amendment of these Articles. ARTICLE XII INCORPORATOR The name and address of the incorporator is FH1, LLC, 4200 6th Avenue SE, Suite 301; Lacey, WA 98503 ARTICLES OF INCORPORATION PALISADES WEST HOMEOWNERS ASSOCIATION Page 5 of 6 IN WITNESS WHEREOF, for the purpose of forming this corporation under the laws of the State of Washington, I, the undersigned, constituting the incorporator of this A Articles of Incorporation this /.''`"day of ~t , 2007 I /~/ have executed these N, Manager STATE OF WASHINGTON ) ss. County of Thurston ) I certify that I know or have satisfactory evidence that STEVEN L. CHAMBERLAIN is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he is the Manager of FH1, LLC, and was authorized. to execute the instrument and acknowledged it as the Manager of FH1, LLC, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Given under my hand and official seal this ~' d y of , 2007. LIC \ { State g~~ Washington. NANCY A. TRAIL Commisslon Explras AUGUST 31,2010 Nb~ry Public in ~'esiding at My commission ashington ARTICLES OF INCORPORATION PALISADES WEST HOMEOWNERS ASSOCIATION Page 6 of 6 W STA}r a~ °^& . . APPLICATION TO FORM A ~_ . NONPROFIT CORPORATION h+ ~~~aea ~°y (Per Chapter 24.03 RCWj ~9L~I~ FEE: $30 • Please PRINT or TYPE in black i~E~R~-~,R P ®F Cv^ 1 A~~" EXPEDITED (24HOUR) SERVICE AVAILABLE - 520 PER ENTITY • Sign, date and return original AND ON C Piflal AND ON C t0: INCLUDE FEE AND WRITE "EXPEDITE^ IN BOLD LETTERS ~~1N 13 2007 ON OUTSIDE OF ENVELOPE CORPORATIONS DIVISION 801 CAPITOL WAY SOUTH • PO BOX 4 FOR OFFICE USE ONLY OLYMPIA, WA 98504-0234 ~~"E OF WASHIN ' / uac ~ ~~~ c • BE SURE TO INCLUDE FILING hecks CORPORATION NUMBER: should be made payable to "Secretary of State" IMPORTANTI Person to contact about this filing Daytime Phone Number (with area code) /IIi9 N ~ c.. 3 - ~ - Dl~ /D / ARTICLES OF INCORPORATION NAME OF (May contain designations such as Association" "Services" or "Committee." May not contain a corporate designation such as CORPORATION "Corporeb'on" "Incorporated" or "Limited" or the abbreviation "Corp." "Inc." "Co." or "Ltd.') P w s o c ~ / EFFECTIVE (Specified ekective date may be up to 30 days aker receipt of the document by the Secretary of State) DATE OF INCORPORATION ^ Specific Date: Upon filing by the Secretary of State TERM OF (Check one box only) EXISTENCE Perpetual ^ Years (Please indicate number of years) PURPOSE FOR WHICH THE NONPROFIT CORPORATION IS ORGANIZED: (If necessary, attach additional information) D ~ .S F P F P s T E IN THE EVENT OF A VOLUNTARY DISSOLUTION, THE NET ASSETS WILL BE DISTRIBUTED AS FOLLOWS: (If necessary, attach additional information) Pv [,1 ~ ~ ~ NAME AND ADDRESS OF WASHINGTON STATE REGISTERED AGENT L L C~ Name ~ , / Street Address (Required) `/a D0 G~ft[~E ~SE'~3O1 City LffGEy State~~ZIP y~~0--3 PO Box (Optional -Must be ' sa e s street address) ZIP (If different than street ZIP) 1 consent fo serv as egis r enf in the State of Washington for the above named corporation. 1 understand it will be my responsibility fo accept Servi o Proc o behalf of fhe corporation; to forward mail fo the corporation; and to immediately notify the Office of the Secret e f 1 re Ig ,:'change the Registered Office Address. " i: ~' ` ST /~ G i ~ D ~- ignature A t Printed Name A1~ N~ Date NAMES AND A RESSES OF EACH INITIAL BOARD DIRECTOR (If necessary, attach additional names and addresses) Name 5?"~VEAL L. NQrr~leE.eL~}-iti/ Address yaoo 4 ~ r9YE' SE #30/ City _~~ cY State ~~ ZIP 9~~3 NAMES AND ADDRESSES OF EACH INCORPORATOR (If necessary, attach names, addresses and signatures of each additional incorporator) Name FIy~ ~ L LCD Address _~D G ~AI/E S~Fi~"30 / ~;ty LA-G E % state "ZIP 9~TGt_3 SIGNATURE OF INC RPO ATSD This do~ua+ertt"is~re y eXe u't ~ under penalties of perjury, and is, to the best of my knowledge, true and correct. Printed Name Title v L'. M Q ary` µ r w^w I-+ Q f~-'t "I' ~= .~ .p }.~ ~ h+ L~J n v v ~, r, F-~ F O R 0 F F I c E S E 0 N L Y f 0 R O F F I c E U 5 E 0 N L Y CORPORATIONS INFORMATION AND ASSISTANCE - 360/753-7115 (TDD - 360/753-1485) oos.ooa Isroo>