Now located in the Sun City West Foundation Bldg.
14465 R.H. Johnson Blvd.
Sun City West, AZ 85375
Phone: 623-214-6006 Email: achoscw@aol.com
Office Hours: October through April
Monday
9 a.m. - 12 p.m.
Tuesday
9 a.m. - 12 p.m.
Wednesday 9 a.m. - 12 p.m.
The Organization of HOAs in Sun City West’s mission is to inform, educate and support member homeowner associations of Sun City West, Arizona.
AMENDED AND RESTATED BYLAWS OF
THE ORGANIZATION OF HOAs
IN SUN CITY WEST
Effective November 10, 2022
ARTICLE ONE
NAME AND LOCATION
The
name of this organization is the Organization of HOAs in Sun City West,
hereafter referred to as “OHOA.” The
principal office of the corporation shall be located at Sun City West, Maricopa
County, Arizona, but meetings of Members and Members of the Board of Directors
may be held at such places within the State of Arizona as may be designated by
the Board of Directors.
ARTICLE TWO
DEFINITIONS
Section 2.1 “Articles” shall mean the Articles
of Incorporation of OHOA which have been filed with the Arizona Corporation
Commission, as said Articles may be amended from time to time.
Section
2.2 “The Board” shall mean the
Board of Directors, which is the governing body of OHOA.
Section 2.3 “Bylaws”
shall mean the Bylaws of OHOA as contained in this document, as such Bylaws may
be amended from time to time.
Section 2.4 “HOA” shall mean a homeowner
association of a condominium or planned community located in Sun City West,
Arizona.
Section 2.5 “Member” shall mean an HOA that has
joined OHOA and is current on payment of any dues or special assessments.
Section 2.2 “OHOA” shall mean and refer to the
Organization of HOAs in Sun City West, an Arizona non-profit corporation.
ARTICLE THREE
MEMBER MEETINGS
Section 3.1 Annual
Meetings. The annual meeting of the Members of OHOA shall be held during
the last quarter of the calendar year at an office or at other places within the
State of Arizona, as may be designated by the Board. The election of nominees to the Board of
Directors shall take place at the Annual Meeting.
Section 3.2 Special Meetings. Special
Meetings of the Members may be called at any time by the President, a majority
of the Board or upon written petition of twenty-five percent (25%) of the
Members who are entitled to vote.
Section 3.3 Notice of Member Meetings.
Written notice of each meeting of the Members shall be given by, or at the
direction of, the Secretary or person authorized to call the meeting at least
ten (10) days and not more than sixty (60) days before such meeting, to each
Member entitled to vote. Such notice shall specify the place, day, hour
and purpose of the meeting, including the general nature of any proposed
amendment to the Bylaws.
Section 3.4 Quorum. A quorum of the Members
shall be present upon receipt of ballots cast in person at the meeting and via
absentee ballot submitted prior to the meeting, constituting thirty-five
percent (35%) of the eligible votes of the membership.
Votes cast by
absentee ballot via mail, hand delivery, email, fax or other form of delivery
are valid for the purpose of establishing a quorum.
Section 3.5 Voting. For purposes of
voting, each member HOA shall constitute one (1) voting unit. Each member HOA shall designate one member of
the HOA, preferably the chairperson of its board of directors, as its official
representative who is authorized to vote at OHOA membership meetings.
ARTICLE FOUR
BOARD OF DIRECTORS; SELECTION; TERM OF OFFICE
Section 4.1 Number
and Eligibility. The affairs of OHOA shall be managed by the Board
consisting of an odd number of not less than five (5) and no more than nine (9)
members. Any homeowner member of a
member HOA is eligible to serve on the OHOA Board.
Section 4.2 Term of Office. The Term of
Office shall be three (3) years, or if longer, until the next annual meeting.
Section 4.3 Vacancies and Removal. In the
event of death or resignation of a Board member, a successor shall be selected
by the remaining members of the Board and shall serve for the remaining term of
the predecessor.
A director may be
removed from the Board pursuant to the procedures applicable to nonprofit
corporations set forth in Arizona Revised Statutes § 10‑3808.
ARTICLE FIVE
NOMINATION AND ELECTION OF BOARD
Section 5.1 Nomination. Only Member HOAs
may nominate candidates for the Board of Directors. Nominations shall be submitted to the
Secretary in writing no less than sixty (60) days before the Annual Membership
Meeting. Nominations may not be made
from the floor at the Annual Membership Meeting. A current Board member may volunteer to
continue serving on the Board. Such
self-nominations by a current Board member may be considered with all others
for election to the Board.
Section 5.2 Election. Election to the
Board shall be conducted at the Annual Membership Meeting.
ARTICLE SIX
MEETINGS OF THE BOARD
Section 6.1 Regular
Meetings. Meetings of the Board shall be held at the discretion of the
Board, but at least seven (7) times per calendar year, at such place and hour
as may be fixed from time to time by the Board.
Section 6.2 Quorum.
A majority of the Members of the Board shall constitute a quorum for the
transaction of business. Every act or decision done or made by a majority of
the Board present at a duly held meeting at which a quorum is present shall be
regarded as the act of the Board.
ARTICLE SEVEN
OFFICERS AND THEIR DUTIES
Section 7.1 Enumeration
of Officers. The officers of this Association shall be a Chairman, Vice
President, a Secretary, and a Treasurer, and such other officers as the Board
may from time to time by resolution create.
Section 7.2 Multiple Offices. Any two (2)
or more offices may be held by the same person except the office of Chairman
may not be combined with any other office.
Section 7.3 Election of Officers. The
election of officers shall take place at the meeting of the Board in January following
each Annual Meeting of the Members.
Section 7.4 Term. The officers of this
Association shall be elected by the Board, and each shall hold office for the
remainder of the calendar year in which elected and until the first meeting of
the Board the following January, unless the officer shall resign sooner, or
shall be removed, or otherwise disqualified to serve.
Section 7.5 Special Appointments. The
Board may appoint such other Members of OHOA to serve on committees as the
affairs of OHOA may require, each of whom shall hold office for such period,
have such authority, and perform such duties as the Board may, from time to
time, determine.
Section 7.6. Resignation and Removal. Any
officer may be removed from office with or without cause by the Board. Any
officer may resign at any time, giving written notice to the Board, the
President, or the Secretary. Such resignation shall take effect on the date of
receipt of such notice, or at any later time specified therein, and unless
otherwise specified therein, the acceptance of such resignation shall not be
necessary to make it effective. If an officer is removed from office, such
officer will remain a Director of the Board and can be appointed to a new
office on the Board as determined by a majority of the Board of Directors.
Section 7.7 Vacancies. A vacancy in any
office may be filled by appointment by the Board. The person appointed to such
vacancy shall serve for the remainder of the predecessor’s term as officer.
Section 7.8 Duties. The duties of the
officers are as follows:
a.
Chairperson: Assumes the duties of (1) presiding at all meetings, (2)
putting into effect all rules, regulations, orders and resolutions issued by
the Board of Directors, signing all documents pertaining to the operation of
OHOA, (3) acting as the Chief Executive Officer for OHOA, (4) preparing in
conjunction with the Treasurer a monthly, yearly and long-term budget, and (5)
overall financial management of OHOA.
b.
Vice President. Assumes the duties of
the Chairperson during the absence of the Chairperson, acts as Regulations
officer with the main duty of seeing that OHOA members adhere to OHOA’s Rules,
Regulations and Bylaws.
c.
Secretary. Assumes the duties of
recording the minutes of meetings, preparation and distribution of information
to association members. Also recording votes at meetings and maintaining a
listing that contains telephone numbers, addresses and the names of OHOA
members.
d.
Treasurer. Assumes the duties of
the financial account keeping and processing invoices for payments to be made,
follow up on the late dues payments, preparing financial statements and audits
of OHOA’s accounts and payments, and in conjunction with the Chairperson
preparing a monthly, yearly and long-term budget.
e.
Director. Assumes the duties of
the function he or she has been assigned to direct. These duties will be
assigned by the Board members at the first Board meeting following the annual
meeting in an order most advantageous to OHOA and during the year as the Board
sees fit.
ARTICLE EIGHT
INDEMNIFICATION
All officers or
directors of OHOA shall be indemnified by OHOA against all expenses,
liabilities and penalties, including counsel fees, reasonably incurred by or
imposed upon them in connection with any proceeding to which they may be made a
party or in which they may become involved by reason of any acts or omissions alleged
to have been committed by them while acting within the scope of their
employment as a director or officer of OHOA, including any settlement thereof,
provided that the Board determines that such person acted in good faith and did
not act, fail to act or refuse to act willfully with gross negligence, or with
fraudulent or criminal intent with regard to the matter involved in the action
or proceeding.
OHOA
shall have the power to purchase and maintain insurance on behalf of any person
who is or was a Board Member or Officer of OHOA or was serving at the request
of OHOA as a Board Member or Officer against any liability asserted against
them and incurred by them in any such capacity or arising out of their status
as such, whether or not OHOA would have had the power to indemnify them against
such liability under this Article. The right of indemnification herein above
provided shall not be exclusive of any rights to which any Board member or
officer of OHOA may otherwise be entitled by law.
ARTICLE NINE
DUES AND SPECIAL ASSESSMENTS
Section 9.1 Dues. Each member association shall pay dues at the
time of joining and annually thereafter. Dues are to be paid no later than
January 1st of each year. Dues are reviewed yearly by the Board of Directors
and may be increased as deemed necessary to facilitate the functions of OHOA.
Section 9.2. Special
Assessments. Expenses to support a
special project, such as legal expenses or printing costs that are not provided
for in OHOA’s Annual Budget shall be funded through a special assessment of
each member Association. A special assessment requires a two-thirds (2/3) vote
of the membership at a regular OHOA meeting.
ARTICLE TEN
FISCAL YEAR
The fiscal year of
OHOA shall begin on the first day of January and end on the last day of
December of every year.
ARTICLE ELEVEN
AMENDMENTS AND RULES OF CONSTRUCTION
Section 11.1 Amendment
Procedure. Changes, amendments,
additions to or deletions from these Bylaws shall be considered upon the
recommendation of the Board of Directors or upon written request of one-third
(1/3) of the membership of OHOA in good standing. A majority vote of thirty-five
percent (35%) of OHOA members shall be required for the adoption thereof.
Section 11.2. Rules
of Construction. In the case of any
conflict between the Articles of Incorporation and these Bylaws, the Articles
shall control.
[The remainder of this page is intentionally left blank.]
Effective Date. This document was approved by a vote of at least fifty-one (51%)
of the Members pursuant to the current Bylaws which were adopted in 2016, and
became effective as of November 10, 2022, replacing and
superseding any previous Bylaws adopted by OHOA.
In witness whereof, I have executed these Amended and Restated Bylaws of OHOA this
10th day of November, 2022.
/s/ Rodger
DeBritz
Chairperson of the
Board
ATTEST:
/s/ Mary Jo Blum
Secretary
Disclaimer:
The information contained in this
website is for general information purposes only. While we endeavor to
keep the information up to date and correct, we make no representations
nor warranties of any kind, express or implied, about its completeness,
accuracy, reliability, suitability, or availability. In no event will
OHOA, its Directors or employees, be liable for any loss or damage
including without limitation, indirect or consequential loss or damage,
or any loss or damage whatsoever arising from loss of data or profits
arising out of, or in connection with, the use of this website. Any
reliance you place on such information is, therefore, strictly at your
own risk.
Our website provides links to other websites which are not under the control of OHOA. We do not have access to the content and availability of those sites. The inclusion of any and all links does not necessarily imply a recommendation nor endorsement of the views expressed therein.
Every effort is made to keep the OHOA website up and running smoothly. However, OHOA takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.