NOTE: THIS IS A TRANSCRIPTION OF THE ORIGINAL DOCUMENT AND MAY CONTAIN ERRORS. DO NOT RELY ON THIS TRANSCRIPTION FOR ANY LEGAL PURPOSE.
United States of America
State of Ohio
Office of the Secretary of State
The State of Ohio
Bob Taft
Secretary of State
848525
Certificate
It is hereby certified that the Secretary of State of Ohio has custody of the Records of Incorporation and Miscellaneous Fillings: that said records show, the filing and recording of: ARN of: WHITE FENCE FARM OWNERS ASSOCIATION.
Recorded on Roll H627 at Frame 0504 of the Records of Incorporation and Miscellaneous Fillings.
Witness my hand and the seal of the Secretary of State at Columbus, Ohio, this 29TH day of JUNE A.D. 1993.
/s/ Bob Taft
Secretary of State
ARTICLES OF INCORPORATION
OF
WHITE FENCE FARM OWNERS ASSOCIATION
The undersigned, a majority of whom are citizens of the United States, desiring to form a corporation, not for profit, under Sections 1702.01, et seq. of the Revised Code of Ohio, do hereby certify:
FIRST: The name of said corporation shall be WHITE FENCE FARM OWNERS ASSOCIATION.
SECOND: The place in Ohio where the principal office of the corporation is to be located is the Sugarcreek Township, Greene County.
THIRD: This Association does not contemplate pecuniary gain or profit to the Members thereof, and the specific purposes for which it is formed are to provide for maintenance, preservation of the common area owned by the Association and to promote the health, safety and welfare of the Members of the Association and for these purposes to:
a. Exercise all of the powers and privileges and to perform all ‘of the duties and obligations of the Association as set forth in that certain Declaration to Provide Storm Water Detention to White Fence Farm Subdivision, hereinafter called the "Declaration," applicable to the property and recorded or to be recorded in the Office of the Recorder of Greene County, Ohio, and as the same may be amended from time to time as therein provided, said Declaration being incorporated herein as if set forth at length.
b. Fix, levy, collect and enforce payment by any lawful means,.all charges or assessments pursuant to the terms of the Declaration; to pay all expenses in connection therewith and all office and other expenses, incident to the conduct of the business of the Association, including all licenses, taxes or governmental charges levied or imposed against the property of the Association.
c. Acquire (by gift, purchase, or otherwise), own, hold, improve, build upon, operate, maintain, convey, sell, lease, transfer, dedicate for public use or otherwise dispose of real or personal property in connection with the affairs of the Association.
d. Dedicate, sell or transfer all or any part of the Common Area to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the Members.
e. Participate in mergers and consolidations with other non-profit corporations organized for the same purposes or annex additional residential property and Common Area.
f. Have and to exercise any and all powers, rights and privileges which a corporation organized under the NonProfit Corporation Law of the State of Ohio by law may now or hereafter have or exercise.
FOURTH: Every person or entity who is a record owner of a fee or undivided fee interest in any Lot which is subject by covenants of record to assessments by the Association, including contract sellers, shall be a Member of the Association. The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessments by the Association.
FIFTH: The Association shall have two classes of voting membership.
CLASS A. Class A members shall be all Owners, except the Declarant, of lots upon which is constructed a dwelling unit, and shall be entitled to One (1) vote for each such lot so owned.
CLASS B. The Class B Member shall be the Declarant, and shall be entitled to Three (3) votes for each lot owned.
The Class B membership shall cease and be converted to Class A upon the happening of either of the following events, whichever occurs earlier:
When Class A memberships are all in existence and the total votes outstanding equals or exceeds the total votes outstanding in the Class B membership; or on December 31, 2000.
SIXTH: The affairs of this Association shall be managed by a Board of Three (3) Trustees who need not be Members of the Association. The names and addresses of the persons who are to act in the capacity of Trustee until the selection of their successors are:
Thomas H. Peebles 3066 S. Kettering Blvd.
Dayton, Ohio 45439
Bonnie George 3066 S. Kettering Blvd.
Dayton, Ohio 45439
Charles F. Alibery, III 137 North Main Street
Dayton, Ohio 45402
SEVENTH: The Association may be dissolved with the assent given in writing and signed by not less than Two—Thirds (2/3rds) of each class of Members. Upon dissolution of the Association, other than incident to a merger or consolidation, the assets Of the Association shall be dedicated to an appropriate public agency to be used for purposes similar to those for which this Association was created. In the event that such dedication is refused acceptance, such assets shall be granted, conveyed and assigned to any non—profit corporation, association, trust or other organization to be devoted to such similar purposes.
EIGHTH: Amendment of these Articles shall require the consent of 75% of the entire membership.
IN WITNESS WHEREOF, for the purpose of forming this corporation under the laws of the State of Ohio, we, the undersigned, constituting the incorporators of this Associa tion, have executed these Articles of Incorporation, this cR/a day of June, 1993.
/s/ THOMAS H. PEEBLES
/s/ BONNIE GEORGE
/s/ CHARLES F. ALLBERY III
ORIGINAL APPOINTMENT OF AGENT
The undersigned, being at least a majority of the Incorporators of WHITE FENCE FARM ASSOCIATION, hereby appoint Charles F. Allbery, III, a natural person, upon whom any process, notice or demand required or permitted by statute to be served upon the corporation, may be served. His complete address is 137 1Iorth Main Street, P.O. Box 1283, Mid-City Station, Dayton, Montgomery County, Ohio 45402.
WHITE FENCE FARM OWNERS
ASSOCIATION
/s/ THOMAS H. PEEBLES
/s/ BONNIE GEORGE
/s/ CHARLES F. ALLBERY, III
Date: June 21, 1993
Dayton, Ohio
WHITE FENCE FARM OWNERS ASSOCIATION
Gentlemen:
I hereby accept appointment as agent of your corporation upon whom process, tax notices, and demands may be served.
/s/ CHARLES F. ALLBERY, III