BY-LAWS OF LEAWOOD SOUTHWEST HOMEOWNERS ASSOCIATION

ARTICLE I

The name o f the Association shall be the “LEAWOOD SOUTHWEST HOMEOWNERS ASSOCIATION”.It shall be a non-profit , non – sectarian organization, operated for the improvement of the community.

ARTICLE II

OBJECTIVES

The objectives of this Association, as set forth in its articles of incorporation, shall be the advancement of the homeowners’ welfare through:

Sponsorship of educational, social and recreational activities involving all residents, both adults and children;
The maintenance and enforcement of the restrictive covenants applicable to the Leawood Southwest Subdivision, Douglas County, Nebraska, as well as other appropriate activities to foster an environment in the Subdivision conductive to maintaining and improving the property values of the homeowners;
Representation of the association’s members in public matters affecting the community and /or current or prospective value of the property of the members and the community as a whole.

ARTICLE III

MEMBERSHIP AND VOTING

Upon payment of the appropriate dues, membership shall be available at all property owners residing within the Leawood Southwest Subdivision (as originally platted and filled with the county clerk), the five Shaker Heights properties at the north end of 167th Avenue Circle ( the addresses of 1805, 1806, 1811, 1812, and 1817 South 167th Avenue Circle) and the three homes bordering on 168th street ( addresses of 2305, 2315, 2325, South 168th Street).

Each legal address included in the above described are shall have one vote on any matter brought before any general or special meeting of the Association (Except for elections, when each legal address will have one vote for each open Board position). However, if so desired, the property owner may divide each vote in to two equal halves which can be cast separately.

ARTICLE IV

DUES

Initial annual dues shall be set by the Board of Directors. These dues may be changed each year upon recommendation of the Board of Directors and approval by a majority of those casting votes at a general or special meeting of the Association. Dues will cover the period from 1 April to 31 of March and will be due by 1 May. No refunds or transfers will be allowed. New memberships after 1 October will only be required to pay fifty percent (50%) of the annual dues. Any member whose dues are thirty (30) days in arrears shall be notified . If, after an additional thirty (30) days has elapsed, the dues are still in arrears, the membership shall be automatically terminated, along with all the rights and privileges of membership, such as attendance at any and all social or recreational events, voting rights, etc.

ARTICLE V

ORGANIZATION

The affairs of the Association will be conducted by an eight member Board of Directors, composed of resident, voting members of the Association, who will ideally represent all geographical areas of the Leawood Southwest Subdivision. The Board shall have full power to conduct the affairs of the Association, subject to the annual budget, which is approved by the general membership. (See Article X)

The Board will elect form its members, at its first meeting after election, the following officers: President, Vice- president, Secretary and Treasurer. The Board will also establish those committees necessary to effectively accomplish the objectives stated in Article II of these By-Laws. Each Committee must be chaired by a member of the Board , who shall be responsible for bringing appropriate matters to the Board for their action, and ensuring that the Board is kept apprised of the committee’s progress. Only the Board has the authority to commit or expend Association funds.

ARTICLE VI

ELECTION OF DIRETCORS AND TERM OF OFFICE

Board members shall be elected and serve a two year term, beginning 1 April and ending 31 March. Four directors shall be elected during even numbered years and four directors shall be elected during odd numbered years. Once elected, if a Director is appointed by the President and confirmed by a majority of the remaining Board members.

Ballots may be cast by mail or at the general membership meeting in March. The mailing of ballots will be done under procedures established by the Board of Directors from time to time. The current Board officers shall act as a nominating committee and will prepare a state of candidates.

ARTICLE VII

MEETINGS

Two general membership meetings shall be held each year, one in September and one in March. Special meeting may be called by the Board or by a petition containing half as many members’ signatures as cast votes at the most recently held general meeting. A notice of all meetings, along with or containing an agenda of the items to be acted upon , must be given to all voting members at least fifteen (15) days prior to the meeting. Items may only be added to the agenda upon approval of the majority of those present at the meeting.

Board meetings will be held once each month, and will be open to all members but only Board members shall be permitted to vote. Time and place shall be provided to the general membership. Any change in the date must be communicated to the general membership at least fifteen (15) days prior to the old or new date, whichever occurs first.

In order to for official business to be conducted at any Board meeting, a quorum, consisting of at least fifty percent (50%) of the Beard members must be present.

ARTICLE VIII

PARLIAMENTARY AUTHORITY

All maters, of parliamentary procedures not specifically provided for herein shall be conducted in accordance with Roberts Rules of Order and the Nebraska Nonprofit Corporation Act.

ARTICLE IX

AMENDMENT OF BY-LAWS

These By-Laws may be amended by a majority of the Board members and ratification of that vote by a majority of the Association members present at the general or special meeting. Notification of these By-Law changes, along with the specific changes being proposed, must be given to the board or Association members at least thirty (30) days in advance of the meeting.

ARTICLE X

BUDGET

Each year, at the first Board meeting following election, the Board shall propose a budget for the ensuing fiscal year beginning 1 April. The budget shall be completed by the committee with a contingency or reserve not exceeded twenty percent (20%) of the total budget. At the same meeting, but in separate action, the Board must recommend the level of dues for the ensuing year.

If, during the course of the year, the Board finds it necessary to raise additional funds, it may propose a special assessment of the Association’s members. Said special assessment will not be affected until approved by a majority of the Board members and a majority of the general members present at a general or special Association meeting.

ARTICLE XI

EFFECTIVE DATE

These By-Laws shall be effective upon their approval by a majority of Association members. These By-Laws, dated March 4, 1991 supersede all previous By-Laws.

Signed by : RALPH D WILSON

President

JOB DESCRIPTIONS

PRESIDENT’S JOB DESCRIPTION

It shall be the duty of the president to preside at all meetings of the association and its Boards of Directors. He or She shall have such power of discretion and supervision as usually pertain to this office, including but not limited to the appointment of committee chairpersons, appointments (with ratification) to fill vacant Board positions, etc.

VICE PRESIDENT’S JOB DESCRIPTION

If, for any reason , the President cannot discharge his or her responsibilities on a temporary basis, the Vice-President is empowered to perform those duties. Should a two-thirds majority of the Board agree that the President cannot, or choses not to discharge his or her responsibilities on a permanent basis, the Vice – President shall automatically assume the position of President, along with attendant responsibilities and powers. The Vice-President will be responsible for monitoring the Board’s compliance with the approved By-Laws of the Association. In addition, the Vice- President will oversee any committee as necessary; to include arranging for the publication of a periodic newsletter and yearly membership directory and overseeing other membership duties as required.

SECRETARY’S JOB DESCRIPTION

The Secretary shall keep and publish minutes of all meetings of the Association r Board of Directors; shall handle and maintain a file of all correspondence to or from the Association or its Board, including the notification of members, of upcoming meetings; shall assist the President during elections; keep all other records not appropriately belonging to another Board officer or committee chairperson. The Secretary shall perform any other duties as requires by the By-Laws.

TREASURER’S JOB DESCRIPTION

The treasurer shall care for ALL funds of the Association; deposit ALL funds in an interest bearing checking or savings account (provided such accounts are available for this size of fund) of a local bank in the name of “ Leawood Southwest Homeowners’ Association” ( only Board officers shall be empowered to transact business in this account) ; make periodic reports to the Board and the Association as to the nature of disbursements and the financial condition of the Association; prepare and present the annual budget to the board and the Association. The treasurer shall maintain a current list paid members, oversee the collection of the annual dues and any other duties as required by the By-Laws. All disbursements in excess of five dollars ($5.00) must be made by check.

SUGGESTED COMMITTEE DUTIES

BEAUTIFICATION AND MAINTENANCE COMMITTEE

Members of this committee shall be responsible for the beautifying and maintenance of all “COMMON” areas of the Association, including but not limited to the entrances, medians, and green belt outside the subdivision fence along West Center road and 168th Street. Upon request of the Board, the committee will also act as liaison between the Association and its members and the city of Omaha and/or individual property owners for the maintenance of public property ( streets, gutters , curbs, street signs, lights, etc) and vacant lots.

MEMBERSHIP COMMITTEE

Members of this committee shall be responsible for assisting with the annual membership drive, including the collection of the annual dues, and will greet and register all new members throughout the year. The committee will assist with the publication and distribution of an annual membership directory and periodic association newsletter ( Monthly is recommended) .

Other committees can be established as necessary ( i.e. , Neighborhood watch, Special Social Events, etc)