ByLaws - cont.

   8.04– Levy of Assessment.  The Board of Directors of the Association shall fix the date for the annual assessment and shall appropriately prorate assessments during the first year in which an Owner owns a Lot. Thereafter, annual assessments shall be levied by the Board of Directors of the Association, on Lots for the ensuing year. The Board, in its discretion, may provide for the periodic payment of such assessments at appropriate intervals. Special assessments may be levied in any year for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair, or replacement of a capital improvement upon the Common Area, if any, including fixtures and personal property related thereto, or for other extraordinary expenses incurred by the Association, recommended to the membership, and subsequently approved by affirmative vote of Members entitled to cast at least (2/3) two-thirds of the votes at a meeting of the Members duly held for that purpose. Written notice of the annual or special assessment shall be mailed (by U.S. first class mail) to every home owner subject thereto. The Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid and the amount of any delinquencies. The Association shall not be required to obtain a request for such certificate by the Owner, but may deliver such certificate to any party who in the Association’s judgment has a legitimate reason for requesting the same. 

   8.05– Checks. All checks or demands for money and notes of the corporation shall be signed by such officer or officers or such person or persons as the Board of Directors may from time to time designate.

   8.06– Fiscal Year.  The Fiscal year of the corporation shall be fixed by resolution of the Board of Directors.

   8.07– Seal.  The corporate seal, if any, shall be in such forms as may be determined by the Board. Said seal may be used by causing it or a facsimile thereof to impressed or affixed or reproduced or otherwise. 

   8.08– Indemnification.  The corporation shall indemnify any director, officer, or employee, or former Director, officer, or employee of the corporation, against expenses actually and necessarily incurred by him, and any amount paid in satisfaction of judgments, in connection with any action, suit or proceeding, whether civil or criminal in nature, in which he is made a party by reason of being or having been such Director, officer, or employee (whether or not a Director, officer, or employee, at the time such costs or expense are incurred by or imposed upon him) except in relation to matters as to which he shall be adjudged in such action, suit, or proceedings to be liable for gross negligence or willful misconduct in the performance of duty. The corporation may also reimburse to any Directors, officer, or employee the reasonable costs of any such action, suit, or proceedings, if it shall be found by a majority of a committee of the Directors not involved in the matter of controversy, whether or not a quorum, that it was to the interest of the corporation that such settlement be made and that such Director, officer, or employee was not guilty of gross negligence or willful misconduct. Such rights to indemnification and reimbursement shall not be deemed exclusive of any other rights to which such Director, officer, or employee, may be entitled by law or under bylaw, agreement vote of Members or otherwise.

   8.09– Inconsistencies.  In the event these bylaws be inconsistent with the Declarations, then the Declarations shall be controlling.

  8.10– Amendment of Bylaws.  These bylaws may not be altered, amended or repealed except by the affirmative vote of more than fifty percent (50%) of the percentage values of those votes entitled to be cast by members qualified to vote.

   8.11– Table of Contents; Headings.  The table of contents and headings used in these bylaws have been inserted for administrative convenience only and do not constitute matter to be construed in interpretation.

   8.12– Enforcement.  The terms of the Declaration, these Bylaws and the rules and regulations adopted by the Association may be enforced by the Association or by any Owner, regardless of whether said Owner’s Lot lies in the same section of HAYNES CROSSING where the offending party resides or owns property. In the event of such enforcement action, any Owner or occupant found to have violated any provision of the Declarations, these Bylaws or the rules and regulation of the Association shall be obligated to pay the reasonable expenses of litigation ( including attorney’s fees) incurred by the prevailing party in connection with said litigation.

These bylaws where certified and adopted by the Haynes Crossing Home Owners   Association on the 27th day of November in 2002 by Larry Reeves.