BYLAWS

     SPECIAL NOTICE CHANGE IN BY-LAWS NOVEMBER 29, 2024

​

After being reviewed by the Law Office of Craven and Parry LLC, the amended and restated Declaration of By-Laws for Ashford Park has been filed with the State of Alabama, Baldwin County.  A full copy of the restated by-laws is posted on the Ashford Park Property Owners webpage at Ashfordinfoley.com for review.  The articles and sections affected by the updates are listed below.

 

Article V              MEETING OF MEMBERSHIP

 

Section I              Annual Meetings

The annual meeting of the members shall be held between January 15 and January 31 of

each year. The central purpose of the annual meeting is to elect Board Members. The Board

shall create the agenda and provide a platform for Board Candidates to address the Members.   Issues emanating from the board-approved budget and / or dues amount, received by members prior to January 1, and shall be communicated to the Board in writing, via the formal complaint process, no later than January 15. The Board shall respond, in writing within 7 days receipt of the complaint. (Amended November 1, 2024)

 

Section 3             Notice of Annual and Special Meetings

Written notice of each meeting of the members shall be given by, or at the direction of, the Secretary or person authorized to caI1 the meeting, by posting such meeting on the association website at least fifteen (15) days before such meeting for public knowledge and notification to each member entitled to vote. Notice will also be publicly displayed in at least three locations throughout the neighborhood. Such notice shall specify the place, day and hour of the meeting, and in the case of a special meeting, the purpose of the meeting. (Amended November 1, 2024)

 

Section 6             Proxies

At all meetings of members, each member in good standing may vote in person or by proxy. All

proxies shall be in writing and filed with the Secretary for verification no later than the time at

which the vote is to be taken. Each proxy shall be revocable and shall automatica11y cease upon the conveyance by the Member of his lot. Each proxy shall be signed by all owners of record and witnessed by an unrelated verified property owner.  The form of a proper proxy shall be supplied by the Secretary upon request. (Amended November 1, 2024)

 

ARTICLE VI          BOARD OF DIRECTORS, SELECTION AND TERM OF OFFICE

Section 1             Number of Directors

The Board shall consist of a minimum of three (3) Di rectors and a maximum of five (5) Directors, which is consistent with the Articles of Incorporation.  The persons who are to act in the capacity of Directors until the selection of their successors are:  President, Vice President, Treasurer, Secretary, and Architectural Chair. Directors must be owners of record on the Deed of any lot in Ashford Park. At present the Board has authorized a change to this provision that require a maximum of 5 Board Seats. (Amended November 1, 2024)

 

ARTICLE VII         NOMINATION AND ELECTION OF DIRECTORS

Section 1             Nomination

Nomination for election to the Board of Directors sha11 is made by the President.  Nominations may also be made from the floor at the annual meeting. The President, as a member of the Board of Directors shall act as Nominating Chairman and assign two or more members of the Association to the committee. The Nominating Committee sha11 be appointed and approved by the Board of Directors prior to each annual meeting until the close of the next annual meeting and such appointment shall be announced at each meeting. The Nominating Committee shall make as many nominations for election to the Board of Directors as it shall in its discretion determine, but not less than the number of vacancies that are to be filled. It sha11 be responsible to produce the ballots used in upcoming elections. (Amended November 1, 2024)

 

Section 4             Candidates

Only one individual per Lot may run for elected position in the Ashford Park Property Owner’s

Association Board of Directors in any election in any given year.  (Amended November 1, 2024)

 

ARTICLE VIII        MEETING OF DIRECTORS

Section 1             Regular Meetings

Regular meetings of the Board of Directors shall be held at least quarterly, with a minimum 15-

day notice. Meeting places, time and dates will be posted on the web site and on signage posted

in a minimum of three locations throughout the neighborhood. (Amended November 1, 2024)

 

Section 7             Multiple Offices

The offices of Secretary and Treasurer may be lie1d by the s a me person. No person shall simultaneously hold more than one of any of the other offices except in the case of special

offices created pursuant to Section 4 of this Article.  In the event that all offices cannot be filled, the Board reserves the right to any homeowner member as needed to fill non-voting roles. (Amended November 1, 2024)

 

Section 8             Duties

The duties of the officers are as follows:

President - The President shall preside at all meetings of the Board of Directors. They shall see

that the orders and resolutions of the Board are carried out. They shall sign all leases, mortgages, deeds and other written instruments and promissory notes. Along with the duties as listed in Article VII, Section 1, the President shall be responsible for the recruitment of members to serve on the nomination committee and coordinate such recruits to check in and register members, distribute ballots at the election and execute the election of officers at the annual meeting. . (Amended November 1, 2024)

 

Treasurer - The Treasurer shall receive and deposit in the appropriate bank accounts all monies of the Association and shall disburse such funds as directed by resolution of the Board of Directors or as deemed necessary by the Treasurer. The Treasurer shall maintain proper books of account; actively participate in an annual audit of the Association books to be made by the Board of Directors, if deemed necessary, at the completion of any fiscal year.  The Treasurer shall prepare an annual budget of the Statement of Income and Expenditures to be included with the annual dues package along with the Annual Dues Notice, Newsletter, Candidate Biographies, and the Proxy Agreement to be mailed no later than December 31 each year . (Amended November 1, 2024)

 

 

ARTICLE X            POWERS AND DUTIES OF THE BOARD OF DIRECTORS

Section 2             Duties

B. As more fully provided in the Declaration, to:

 

• Fix the amount of the annual assessment against each lot at least thirty (30) days in advance of

each annua1 assessment period;

• Send written notice of each assessment to the current mailing address of every owner

subject thereto at least 30 days in advance of each annual assessment period, no later than

December 31st of each calendar year.. (Amended November 1, 2024)

 

C. Procure and maintain adequate liability and hazard insurance on its Directors and on property

owned by the Association, if the Directors, in its discretion, deem such insurance appropriate. (Amended November 1, 2024)

 

D. THIS HAS BEEN REMOVED Cause all officers and employees of the Association having fiscal responsibilities to be bonded as the Board of Directors, in its sole discretion, deem appropriate.  (Amended November 1, 2024)

 

ARTICLE XI           COMMITTEES

The President shall appoint a Nominating Committee as provided in these By-Laws .In

addition, the Board of Directors shall appoint such other committees as deemed appropriate in carryings out its purpose. Any Committee appointed by the Board shall include not less than one members of the

Board of Directors. If at any time a duly appointed Committee has less than one Director, Director

shall be appointed to the Committee until the number is one or greater. . (Amended November 1, 2024)

 

ARTICLE XIII        ASSESSMENTS

Each member is obligated to pay to the Association annual and special assessments which are secured by a continuing lien upon the property against which the assessment is made.

Any assessments which are not paid, when due, shall be held delinquent. If the assessment is not paid in

full within thirty (30) days after the due date, a late fee of $20.00 per month will be assessed to the

amount due. The Association may bring an action, at law and/or equity, against the owner(s) personally obligated to pay the same and/or foreclose the lien against the property. All interest, costs, and reasonable Attorney fees of any such action, shall be added to the amount of such assessment. No owner may waive or otherwise escape liability for the assessments provided for herein by nonuse of the Common Areas or abandonment of their lot. (Amended November 1, 2024)

 

Violation — Any action or conduct which violates or conflicts in any way with any provision of

the applicable Ashford Park Declaration of Covenants and Restrictions and which occurs on any lot

or Association property within the Ashford Park Subdivision. (Amended November 1, 2024)

 

1) The Architectural Committee shall issue a courtesy notice by US mail and or email that will

notify the owner of a violation and request the owner to correct the violation within a stated

time (to be determined by the Architecture Committee) and shall request that the owner contact

the Architectural Committee if they believe there is no violation.

 

2) Following a courtesy notice, members found in violation of Ashford Park covenants and/or restrictions will receive a violation letter by US mail and or email and shall have a set and determined amount of time from the post mark date or receipt of notification to remedy the violation. (Amended November 1, 2024)

 

3) If the violation is not corrected within set timeframe the Architectural Committee may place an

assessment in an amount up to$ 250.00 against the account of the record owner(s) of the subject property. This amount shall be reassessed each 30 days until the violation has been cured and the Architectural Committee has approved such cure. This amount up to $250.00shall continue to be added for each 30-day period and be cumulative in nature. (Amended November 1, 2024)

 

4) At any point after 90 days from the post mark date of the Violation Letter, if the delinquent amount has not been paid in full to the association, the Board/Architectural Committee, at their discretion, may send the necessary information to the POA attorney or file directly to claim a lien against the subject property and or file suit with the Baldwin County Small Claims Court. The entirety of assessment amounts, late fees, accumulated interest, attorney fees, and any collection costs, will be claimed in the lien against the owner. The Board may also elect to use the HOA attorney for collection purposes. The lien will be released when the total amount has been paid. All voting rights associated with any lot for which the payment of any assessment is delinquent shall be suspended until such time that all assessments owed have been p aid in full, including any late fee, attorney’s fee, interest, and/or other cost associated with the collection of the assessment.  6) For hard ship variance or related issues, members are to contact the board through the web portal, HOA email account and or US Postage to Box 1078 Foley Al. 36536. (Amended November 1, 2024)