Bylaws

BYLAWS OF TAMARAC AT MOON VALLEY OWNERS ASSOCIATION ARTICLE 1

GENERAL PROVISIONS
1.0. Name. The name of his corporation is Tamarac at Moon Valley Owners Association.

• 1  Location. The principal mailing address of this corporation shall be PO Box 41866, Phoenix AZ 85080‐1866. Meeting of Members and Directors may be held at such place as designated by the Board of Directors and Members shall be notified of same within the legally required forty‐eight (48) hours of the meeting.
• 2  Defined Terms. Capitalized terms used in these Bylaws without definition shall have the meanings specified for such terms in the Declaration of Covenants, Conditions and Restrictions for Tamarac at Moon Valley recorded with the County Recorder of Maricopa County, Arizona as Instrument Number 85 459672.
• 3  Conflicting Provisions. In the case of any conflict between the Articles and these Bylaws, the Articles shall control; and in the case of any conflict between the Declaration and these Bylaws, the Declaration shall control.
• 4  Designation of Fiscal Year. The fiscal year of the Association shall begin on the 1st day of January and end on the 31st day of December of every year.
• 5  Books and Records. The books, records and papers of the Association shall be available for inspection by any Member during reasonable business hours. A member may request copies of the records at a reasonable cost from the proper Board member.
• 6  Amendment by Members. These Bylaws may be amended, at a regular or special meeting, by vote of the Members having a majority (more than 50%) of the votes entitled to be cast by Members present in person.
• 7  Amendment by Board. The Board, without a vote of the Members may amend these Bylaws in order to conform these Bylaws to the requirements or guidelines of any governing mortgage lender or State law. 
ARTICLE 2 
MEETINGS OF MEMBERS

2.0 Annual Meeting. The Annual Meeting of Members shall be held on the first Saturday of October at 10:00 a.m. in a place determined by the Board of Directors. If this date, for some reason is not appropriate, the Board of Directors may set another date and time not more than 30 days beyond the original date and time.
2.1 Special Meetings. Special meetings of the Members may be called at any time by the President or by the Board or upon written request signed by Members having at least twenty‐five (25%) of authorized votes of Members.
2.2 Notice of Meetings. As per Arizona Statute A.R.S. 33‐1804 An association must give notice to its Members of meetings by newsletter, conspicuous posting or any other reason‐able means at least 48 hours in advance of the meeting. The notice must state the date, time and place of the meeting.
2.3 Quorum. Written notice of any meeting called for the purpose of taking any action authorized under CC&Rs, Section 5.3, 5.4 or 5.5 shall be sent to all Members not less than thirty (30) days nor more than fifty (50) days in advance of the meeting. At the first such meeting called, the presence of Members

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eligible to cast sixty percent (60%) of all the votes shall constitute a quorum. If the required quorum is not present, another meeting may be called subject to the same notice requirement, and the required quorum at the subsequent meeting shall be one‐half (1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting.

2.4 Proxies. At all meetings of the Members a vote may be cast in person or by proxy. A proxy may be granted by any Member in favor of only another Member, the Secretary of the Association, the Declarant, or in a case of a non‐resident Member, the lessee of such Member’s Lot, his attorney or managing agent. A proxy shall be duly executed in writing and it shall be valid only for the meeting designated in the proxy. All proxies must be filed with the Secretary prior to the commencement of the meeting for which the proxy is given. The proxy shall be deemed revoked only upon actual receipt by the person presiding over the meeting of a notice of revocation signed by the Member who granted the proxy. No proxy shall be valid for period more than sixty (60) days after the executive there.

2.5 Nominations. All Members will be informed via email or mail sixty (60) days prior to the election to solicit interested parties for Board placement. Any Member interested in serving on the Board may inform any member of the present Board via email or mail so their name can be placed on the ballot for voting by the membership at the Annual Meeting. Intention of interest must be made a minimum of thirty (30) days prior to the Annual Meeting.

At the Annual Meeting any Members present may place a name in nomination if permission of the person so named has been received.

ARTICLE 3 BOARD OF DIRECTORS

3.0 Number. The affairs of the Association shall be managed by a Board of five (5) Directors, all of whom shall be members of the Association. The Board may increase the number of Directors on the Board but the number must always be an odd number and shall not exceed nine (9) Directors.

3.1 Term of Office. The Members shall elect five (5) Directors. Board of Directors members will be elected for two‐year terms, with two members elected in even years, and three members elected in odd years.

3.2 Removal from Office. At any annual or special meeting of the Members duly called, any one or more the members of the Board of Directors may be removed from the Board with or without cause by Members having more than fifty percent (50%) of the votes entitled to be case by Members present in person or by proxy at the meeting. A successor may then and there be elected to fill the vacancy thereby created.

3.3 Compensation. No director shall receive compensation for any service he/she may render to the Association. However, any Director may be reimbursed for actual expenses incurred in the performance of his/her duties.

3.4 Action Taken Without a Meeting. The Directors shall have the right to take any action in the absence of a meeting. These actions must be by any written means of communications. These communications shall be considered an official part of the Board’s business.

3.5 Vacancies. Vacancies on the Board caused by any reason other than the removal of a Director in Accordance with Section 3.2 shall be filled by a majority vote of the remaining Directors even though the

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remaining Directors may not represent a quorum. Each person so elected shall serve the unexpired portion of the prior Director’s term.

3.6 Regular Meetings. Regular meetings of the Board shall be held at such time and place as determined by the Board. Such meetings shall be held at least quarterly during each fiscal year. Time and place of such meetings be posted forty‐eight (48) hours prior to the meeting and shall appear in a public place (i.e. pool area or mailbox area).

3.7 Special Meeting. Special meetings of the Board may be called by the President within three business days’ notice to each Director. Notice must be in writing and shall state the time, place and purpose of the meeting.
3.8 Quorum. A majority of the Directors shall constitute a quorum for the transaction of business. Each act or decision done or made by a majority of Directors present a duly‐held meeting at which a quorum is present shall be regarded as the act of the Board.

3.9 Powers and Duties. The Board shall have all the powers and duties necessary for the administration of the affairs of the Association. In addition to the duties imposed by these Bylaws or by any resolution of the Members that may hereafter be adopted, the Board shall have the following powers and duties:

(a) Open bank accounts on behalf of Association and designate the signatories thereon;
(b) Make, or contract for the making of repairs, improvements, alterations of the Common Area, after damage or destruction by fire or other casualty, or because of condemnation or eminent domain proceedings;
(c) Designate, hire and dismiss the personnel necessary for the maintenance, operation, repair or replacement of the Common Area and provide services for the Members. Where appropriate provide for the compensation of such personnel and for the purchase of equipment, supplies and material to be used by such personnel in the performance of their duties.
(d) Provide for the operation, care, upkeep and maintenance of all of the Common Area and borrow money on behalf of the Association when required in connection with any one instance relating to the operation, upkeep and maintenance for the Common Area; provided however, the consent of Members have at least a simple majority (51%) of the total votes in the membership shall be obtained in writing and held for such purpose in accordance with the provisions of these Bylaws in order for the Association to borrow in excess of $5,000;
(e) Prepare and adopt an annual budget for the Association prior to the commencement of each fiscal year;
(f) Adopt and publish rules and regulations governing the use of the Public Area and facilities and the personal conduct of the Members and their family members, guests, lessee’s ad invitees thereon and establish penalties for the infraction thereof;
(g) Suspend the voting rights and the use of Public Area of a Member during any period in which such Member shall be in default in the payment of any Assessment or other amounts due;
(h) Declare the office of a Member of the Board to be vacant in the event such Member shall be absent for three (3) consecutive regular meetings of the Board;
(i) Cause to be kept a complete record of all its acts and corporate affairs and to present a statement thereof to the Members at the annual meeting of the Members, or at any special meeting when such statement is requested in writing by any Member entitled to vote;
(j) Supervise all officers, agents and employees of the Association and see that their duties are properly performed
(k) The following as more fully provided in the CC&Rs:

(1) fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each fiscal year.

(2) send written notice of each Assessment to every Owner subject thereto.
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(3) record within a reasonable time, a notice and claim of lien against any Lot for which Assessments are not paid.

(p) Procure and maintain adequate property, liability and other insurance as required by the CC&Rs;

(q) Cause the Common Area to be maintained, as more fully set forth in the CC&Rs.

ARTICLE 4 OFFICERS AND THEIR DUTIES

4.0 Enumeration of Officers. The principal officers of the Association shall be the President, the Vice‐ President, the Secretary and the Treasurer, all of whom shall be elected by the Board. All Officers must be members of the Board.
4.1 Election of Officers. The election of officers shall take place at the first meeting of the Board following each annual meeting of the Members and shall serve in the elected position for the term described in Section 3.1.

4.2 Officers and their Duties. In the event the past President is no longer a Member of the Board, he/she shall become an ex‐officio Member of the Board (without a vote) for a one (1) year period to pass along his/her valuable knowledge.
4.3 Special Appointments. The Board may elect such officers as the affairs of the Association may require, each of whom shall hold office for the period defined by the Board. Such Appointees may have such authority and perform such duties as determined by the Board.

4.4 Resignation and Removal. Any officer may be removed from the office with or without cause by the Board. Any officer may resign at any time by 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 any later time specified therein. Unless otherwise specified there the acceptance of such resignation shall not be necessary to take effect.

4.5 Vacancies. A vacancy in any office may be filled by appointment by the Board. The officer appointed to such vacancy shall serve for the remainder of the term of the officer he/she replaces.
4.6 Multiple Offices. The offices of Treasurer and Secretary may be held simultaneously by the same person. One person may not simultaneously hold more than one of any of the other offices, including special offices created pursuant to Section 4.3 of these Bylaws.

4.7 Powers and Duties. The powers and duties of the officers shall be as follows:
(a) President. Shall be the Chief Executive Officer of the Association; shall preside at all meetings of the Board or the Members; shall see that orders and resolutions of the Board are carried into effect; and have general and active management of the business of the Association. (b) Vice‐President. Shall act in the place and stead of the President in the event of his/her absence, inability or refusal to act, and shall exercise and discharge such other duties as may be required of him/her by the Board.
(c) Secretary. Shall record the votes and keep the minutes of all meetings and proceedings of the Board and of the Members; service notice of meetings of the Board and of the Members; keep appropriate current records showing the Members of the Association together with their addresses and shall perform such other duties as required by the Board.
(d) Treasurer. Shall receive and deposit in appropriate bank accounts all monies of the Association and shall disburse such funds as assigned by the Board of Directors; shall prepare an annual budget and a statement of income and expenditures to be presented to the membership

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at its regular Annual Meeting, and deliver a copy of same to each Member; and in generally perform all duties incident to the office of treasurer.

ARTICLE 5 INDEMNIFICATION

5.0 Directors and Officers; Third Party Actions. The Association shall have the power to indemnify any person who was or is a party or is threatened to be made a party to any threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrative or investigative, other than an action by or in the right of the Association, other than an action by or in the right of the Association, by reason of the fact that he/she is or was a Member, Director, Officer, Employee or Agent of another corporation, partnership, joint venture, trust or other enterprise, against expenses, including attorney fees and against judgments, fines and amounts paid in settlement actually and reasonably incurred by him/her in connection with such action, suit or proceeding if he/she acted, or failed to act, in good faith and in a manner he/she reasonably believed to be in or not opposed to the best interests of the Association and, with respect to any criminal action or proceeding, had no reasonable cause to believe his conduct was unlawful. The termination of any action, suit or proceeding by judgment, order, settlement, conviction, or upon a plea of nolo contendere or its equivalent shall not of itself create a presumption the person acted or failed to act other than in good faith or in a manner which he/she reasonably believed to be, in or not opposed to the best interests of the Association and with respect to any criminal action or proceeding, had reasonable cause to believe his/her conduct was lawful.

5.1 Directors and Officers; Derivative Actions. The Association shall have the power to indemnify any person who was or is a party or is threatened to be made a party to any threatened, pending or completed action or suit by or in the right of the Association or procure a judgment in its favor by reason of the fact that he/she is or was a Member, Director, Officer, Employee or Agent of the Association or is or was serving at the request of the Association as a Member, Director, Officer, Employee or Agent of another corporation, partnership, joint venture, trust or other enterprise, against expenses, including attorney fees, but excluding judgments and fines and, except as hereinafter set forth, amount paid in settlement, actually and reasonable incurred by him in connection with the defense or settlement of such action or suit, if he/she acted, or failed to act, in good faith and in a manner he/she reasonably believed to be in or not opposed to the best interest of the Association and except that no indemnification may be made in respect to any claim, issue or matter as to which such person shall have been adjudged to liable for negligence or misconduct in the performance of his/her duty to the Association unless and only to the extent the court in which such action or suit was brought shall determine upon application that, despite the adjudication of liability but in view of all circumstances of the case, such person is fairly and reasonably entitled to indemnity for such expenses which such court shall deem proper. The court in which any such action of suit was brought may determine upon application that, in view of all circumstances of the case, indemnity for the amounts so paid in the settlement and for the expenses, including attorney fees, actually and reasonably paid in connection with such application, to the extent the court deems proper.

5.2 Employees and Agents. To the extent that a Member, Director, Officer, Employee or Agent of the Association has been successful on the merits or otherwise in defense of any action, suit or proceedings referred to in Sections 5,0 and 5.1 of these Bylaws or in defense of any claim, issue or matter therein, he/she shall be indemnified against expenses, including attorney fees, actually and reasonably incurred by him/her in connection therewith.

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5.3 Procedure for Effecting Indemnification. Any indemnification under Section 5.0 or 5.1 of these Bylaws, unless ordered by a court, shall be made by the Association only as authorized in the specific case upon a determination that indemnification of a member, director, officer, employee or agent is proper in the circumstances because he has met the applicable standard of conduct set forth in Section 5.0 or 5.1 of these Bylaws. Such determination shall be made by any of the following:

(a) By the Board by a majority vote of a quorum consisting of directors who were not parties to the action, suit or proceeding;
(b) If such a quorum is not obtainable, in a written opinion of independent legal counsel appointed by a majority of the disinterested directors for that purpose;

(c) If there are no disinterested Directors, by the court or other body before which the action, suit, or proceeding was brought of any court of competent jurisdiction upon the approval of or application by any person seeking indemnification, in which case indemnification may include the expenses, including attorney fees, actually and reasonably paid in connection with such application;

(d) by act of the Members.
5.4 Advancing Expenses. Expenses, including attorney fees, incurred in defending a civil or criminal action, suit or proceeding may be paid by the Association in advance of the final disposition of the action, suit, or proceeding as authorized in the manner provided in Section 5.3 of these Bylaws upon receipt of an undertaking by or on behalf of the Member, Director, Officer, Employee or Agent to repay the amount unless it is ultimately determined that he/she is entitled to be indemnified by the Association as authorized in this Article.
5.5 Scope of Article. The indemnification provided by this Article is not exclusive of any other rights to which those indemnified may be entitled under any agreement, as to the action in his official capacity and as to action in another capacity while holding such office and shall continue as to a person who has ceased to be a Member, Director, Officer, Employee or Agent of the Association and shall inure to the benefit of the heirs, executors and administrators of such a person.

ARTICLE 6 ARCHITECTURAL CONTROL

6.0 Committee Composition. The Tamarac Architectural Committee (TAC)shall consist of no less than three (3) members. The Chair of the Committee must be a member of the Board. The Acting Chair of the Board is not required to be a member of the Board. None of the Members shall be required to be an architect. The Board may increase the number of the members on the Committee, but the number of members must always be an odd number.

6.1 Terms of Office. The term of office shall be a period of one year, or until the appointment of a successor. Any new member appointed to replace a member who has resigned or been removed shall serve such member’s unexpired term. Members who have resigned, been removed or whose terms have expired may be reappointed.

6.2 Appointment and Removal. The right to appoint and remove all members of the TAC at any time is within the right of the Chair or the Acting Chair.
6.3 Resignations. Any member of the TAC may at any time resign from the TAC by giving written notice thereof to the Chair or Acting Chair.

6.4 Vacancies. Vacancies on the TAC, however caused, shall be filled by recommendation from either the Board, the Chair or the Acting Chair. A vacancy or vacancies shall be deemed to exist in case of death, resignation or removal of any member of the TAC.

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6.5 Duties. It shall be the duty of the TAC to consider and act upon any and all proposals or plans submitted to it pursuant to the terms of the Declaration, to adopt Architectural Committee Rules, to perform other duties delegated to it by the Board, and to carry out all other duties imposed upon it by the Declaration.

6.6 Meetings and Compensation. The TAC shall meet from time to time as necessary to perform its duties. The vote or written consent or a majority of the members of the Committee, at a meeting or otherwise, shall constitute the act of Committee unless the unanimous decision of the Committee is required by any other provision of the Declaration. The Committee shall keep and maintain a written record of all actions taken by it at such meeting or otherwise. Members of the TAC shall not be entitled to compensation for their services.

6.7 Architectural Committee Rules. The TAC may adopt, amend and repeal, by unanimous vote or written consent, rules and regulations. Said rules shall interpret and implement the Declaration by setting forth the standards and procedures for TAC review and guidelines for architectural design, placement of buildings, landscaping color schemes, exterior finishes and materials and similar features which are required to be used within the Property.

6.8 Waiver. The approval by the TAC of any plans, drawing or specifications for any work done or proposed, or for any other matter requiring the approval of the TAC under the Declaration, shall not be deemed to constitute a waiver of any right to withhold approval of any similar plan, drawing, specification or other matter subsequently submitted for approval.

6.9 Time for Approval. In the event the TAC fails to approve or disapprove any application for approval within thirty (30) days after the application together with supporting plans and specifications have been submitted to it, approval will not be required and this Article will be deemed to have been complied with.

ARTICLE 7 RENTAL CONTROL

7.0 Streets: Please drive SLOWLY through Tamarac community. 15 MPH is the POSTED SPEED LIMIT. The streets are privately owned and maintained by the community.

7.1 Garages: Keep garage doors CLOSED when not in use. There have been many instances of theft from garage doors left open.

7.2 Parking: The CC&Rs mandate homeowners with 2 cars KEEP BOTH IN THE GARAGE. Vehicles must fit in the garage. Long term parking on the street in not permitted and is enforced. Parking of commercial vehicles on the streets is prohibited. The driveways are too short for parking a vehicle. A Parking Document will be given to all new homeowners and must be returned to Tamarac at Moon Valley, PO Box 41866, Phoenix, AZ 85080‐1866

7.3 Garbage Cans: Garbage containers must be stored OUT OF VIEW from neighbors or from the street. Empty containers are to be removed from the street and stored within 24 hours of collection days. Garbage cans should be put on the street abutting the sidewalk in order to retain the structures of sidewalks.

7.4 Pool: Read all posted signs. Quiet hours from 8:00 PM to 8:00 AM. Pool bathrooms are closed November to May 1st. Under 14 years of age must be supervised by an adult. No wheels are allowed.

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• 5  Soliciting: IS NOT ALLOWED in Tamarac Community per the signed posted at the entry.
• 6  Occupancy: Per the CC&Rs Tamarac homes are single family homes. Only the tenants listed on

the lease may reside in the dwelling. Changes in residents require notification to the HOA and an updated Parking Document.

7.7 Tenant Defined: A tenant is defined as any person(s) who pay a formal, fixed, or variable amount routinely collected by the owner for the purpose of residing within a property.

7.8 Landscaping: The planting area next to the house walls and adjacent to the walkway leading to the front door is the responsibility of the homeowner to maintain and weed. The front yard and common areas of Tamarac are maintained by the Association.

7.9 Right to Enter Property: In cases of emergency, such as a broken water main or fire, a member of the Board has the right to enter the back or side yard of the property without previous permission. A member of the Board may also enter the backyard and side yard for inspection with a Notice of Sale has been given.

7.10 Exterior Buildings: A tenant must have the written permission of the owner to place any type of exterior building in the back or side yard. The structure must be lower than the height of the wall so that it is not seen outside the yard.

7.11 Pets: Only domestic pets such as cats, dogs and birds are allowed within the community. Should a tenant’s pet disturb a neighbor, the neighbor should contact the police at 602‐262‐6151 and lodge a complaint.

7.12 Home Businesses: Tamarac allows home businesses such as a Realtor or IT support. But should the business constrict parking or traffic or otherwise disturb the neighborhood, the tenant will be given a notice to cease the home business. The owner will also be notified of the situation.

7.13 Rules & Fine Policies: All violations will receive 2 notices to comply with policies. The tenant’s failure to adhere to the rules will result in the Owner of the property being fined. Owner has responsibility for compliance with all Policies, Directives, By‐laws and CC&Rs.

7.14 All Documents & Information: www.tamaracmv.com has all necessary documents available and all rules will be enforced.

Updated August  2023