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02,11/9Q)

ispE2L0iariAlmar
raliglt-22111:17-gommuzii12 .
ARTICLE I - NAME AND LOCATION ................................................................................. 1
ARTICLE II - DEFINITIONS .................................................... ..................................... 1
Section 2.1 - Association ............................................................................... 1
Section 2.2 - Common Area ............................................................................... 1
Section 2.3 - Declarations ............................................................................. 1
Section 2.4 - Lot .................................................................................................. 1
Section 2.5 - Member ........................................................................................... 1
Section 2.6 - Owner ............................................................................................. 2
Section 2.7 - Subdivisions ............................................................................. 2
ARTICLE III - MEETING OF 'MEMBERS ........................................................................... 2

Section 3.1 - Annual meeting ........................................................................ 2

Section 3.2 - Special Meeting ...................................................................... 2
Section 3.3 - Notice of Meetings ............................................................... 2
Section 3.4 • Quorum ...... 2
Section 3.5 ...................................................................... 3
ARTICLE IV - BOARD 0*'DIRECTaiRS.
- 3
Section 4./ - Number - - - - 3
Section 4.2 - Election Term of 'Office. ............ ................................ 3
Section 4.3 4 Removal' '................................................................................... 3
Section 4..4 -- Compensation . ................................................................. 3
Section 4.5 - Action "Taken WitXclt a Meeting .................................. 3
ARTICLE V - N OMINATION 'AN LECTMON OF DIRECTORS ........................................ 3
Section 5.1 - gemination .................................................................................. 3
Section 5.2 - Election
ARTICLE VI - MEETING OF DIRECTORS . .................................................................... 4
Section 6.1 Re914ar Meetings .................................................................... 4
Section 6.2 - s pacial M eetin gs ................................................................................................................................................... 4
Section 6 - 3 4
ARTICLE VII - POWERS7AND:DUTIES'OF THE BOARD OF DIRECTORS .................. 4
Section 7.1. - Power's 4
Section 7.2 - Duties ' .

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(12/11/90)

ARTICLE VIII - OFFICERS AND THEIR DOTIES ....................... 6

Section 8.1 - Eiiumeratiolt of Officers ..................... 6
Section 8.2 - Election of Officers ........................ 6
Section 8.3 Term ............... 6
Section 8.4 - Special Appointments ........................ 6
Section 8.5 - Resignation and Removal ..................... 7
section 8.6 - Vacancies ................................... 7
Suction 8. 7 - Multiple officers ........................... 7
Section 8.8 - Duties ...................................... 7
ARTICLE IX - BOOKS AND RECORDS ................................. a
ARTICLE X - ASSESSMENT ............. 8
Section 10.1 - ?assessment... 8

ARTICLE XI - CORP0RATE SEAL.... . .............................. 9

4e.1 .1"";,-
Section 11.1 -E^zmorate Seal ............................. 9
ARTICLE XII - AMENOliENTS.,-- 9
Section 12
' 1 l' Ameildmente ................................. 9
Section 12.2' Priority's:if-Bylaws ......................... 9
ARTICLE XIII - n:SCAL_YEAR. ....................... 9
section 13.1 -=',Fiscal Year. .... ........................ 9

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02111/907

BYLAWS

ARTICLE I

NAME AND -LOCATION

The name of the corporation is MARCUS POINTE HOMEOWNERS
ASSOCIATION, INC., hereinafter referred to as the "Association."
The principal office of the Association shall be located at 4101
Mobile Highway, Pensacola, 2scamb14; County, Florida, or such
other places as may be designated by the Board of Directors, but
meetings of members and Directors may be held at such places
within the State of Florida, Counties of Santa Rosa or Esoambia,
as may be designated by the Board of Directors.

mac= Xl
DEFMNITIOms
As used in the g& yiaA;m:
A-ii& a kOn. "Association" means and
refers to Marcus pointe Homeowners-Association,
_ Inc., a corporation
not for profit, itrgliccessors
s- and- assigns.
Seciall
-"421atUU
-li--
,
O,LAA . "Common Area" means and
refers to the common atelas as defined in the Declarations.
3
fgt1211-41W1
t 211m1arati ons .
"Declarations" means and
refers to that certain r—Declarations of Covenants, Conditions and
Restrictions of Marcus Pointe Subdivision, as recorded at-.Book
2917, Page 684 in the Public Records of Escambia County, Florida;
or any other Declaration hereafter recorded, which refer to the
Association. In interpret ti Bylaws and the Articles of
Incorporation of the Association, words and phrases herein which
are defined in the-DecltratiOnkshall utilize the definitions in
the Declarations recorded at the time of application.
l w
Section 2 a- Lo ' tiot" iieans and refers to lots as
defined in the Declarations',:"
Section ----Membiar. "Member" means and refers to
those persons entitled="-';to membership in the Association as
provided in the Declarations.

, ” .

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5ec i ion 2.5 - owner . '" = 'Owner" means and refers to owner
as defined in the Declarations.
S ecti on 2.7Subdivisions. 0 $ubdivisions N shall mean
and refer to Marcus`'Poirnte Subdivision, a subdivision recorded in
Plat Hook 14, Pages `48 -- and . 48A of the Public Records of Escambia
County, Florida, as well as any additions thereto or phases
thereof, which are 'presently or ersafter platted in the Public
Records of Escambia County, Florida, whose Declarations refer to
Marcus Pointe Homeowners 'Association, Inc.

RTC O III
XEE'T3XG OF REMBERS
Sect iea pi`s 1. , 2^nua teetina_ . The first annual meeting
of Members shall be hi : on such data and at such time and place
in December, 1991, as the Board of Directors determines, and each
subsequent regular L'annual k meeting of the Members shall be held in
the same month of each ':year thereafter and on such date and at
such time as the Ada=d'of';-Dirsictors determines.
:0- Sa^ct.i p ' -r Stsec alr= M eetina .
Special meetings of the
Members may be cal-led^ et anytime by the President or by the
Board of Director y err pCrn written requests of one-fourth of the
owners.
Section 3 3 • xor.ice . a Meet na g . Written notice of
each meeting of the Members shall°g given by or at the direction
of, the Secretary or person Latht.rized to call the meeting, by
mailing . a -copy. o` sash notice pc .cage prepaid, at least ten (tea)
days before such mea-Ejfi ; to a ch Owner entitled to vote thereat,
addressed to the o cm er `s address last appearing on the books of
the Association., in. the Public Records of Escambia county,
Florida or supplZe such Owner to the Association for the
purpose of notice. S:ia h 'ahotieo shall specify the place, day and
hour of the meetiri ndt : in the case of a special meeting, the
purposes of the meeting;°
S^Ction X 3 4'" oubr ^ The presence in person or by
proxy at a meeting' of 'Owners : enti tled to cast one-fourth of the
votes of membershi p . shall constitute a quorum. for any action
except as othervi'se provided • ` in Articles of Incorporation, the
Declarations, or these •- Bylaws. ` If, however, such quorum shall
not be present or represented `at`any mssLing, the Members entitled
to vote thereat . shall have the power to adjourn the meeting from
time to time, without notice other than announcement at the
meeting, until a quoz_urn Ps aforesaid shall be present or be
represented.

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gecVign 3,5 - Prcies. At all meetings of Members,

each Owner may vote in persari or by proxy. All proxies shall be
in writing and filed with the secretary. Every proxy shall be
revocable and shall- automatically cease upon conveyance by the
Owner of his Lot.

AETISLE_IY
BOARD OF DIRECTORS
Zestiart 4.1 - Number. The affairs of this Association
shall initially be managed by a Board of four (4) Directors, who
need not be Members of the Association.
Beczion nlecti9n Term of Office. At the second
annual meeting, the -4-Members shall elect one director for a three-
year term; at the thirdannual meeting, the Members shall elect
one director for .a?L4 thiSe-year term; and at the fourth annual
meeting, the MembersAshall eltct two directors for a three-year
term.
7 ABSI12D4.. XAMaX-E1. Any Director may be removed
from the Board, with or .without—cause, by a two-thirds vote of
the Owners of the Association-at a ganaral or special meeting of
the Members. In the evintot 4''deitth';'-riasignation or remo v al o f a
Director
, h is successor
s sha ll . b@ zaleoted by the remaining
Directors and hall- /4 ta fc -'the unexpired term of his
-

predecessor. x14-2,
_ No Director shall receive
compensation for any,'1-Aervice /1,'.; may render to the Association as
a Director. lioweNintViny :w'irector may be reimbursed for his
actual expenses incurred.-.-:.in the performance of his duties as a
director.
S ACt4 The
Directors shall have the right to take any action in the absence
of a meeting whichthey„:„ccieldtmke at a meeting by obtaining the
written approval of -l. a,11 ; 'Direttbrs -:-1 -1 Any action so approved shall
have the same effact it-theu4kt*keh:at a meeting of the Directors.
74

lEETIALLY
NOMINATION AND ELECTION OF DIRECTORS
sAatiau_5a nanklami2n. Nomination for election to
the Board of OirectorsshaIl be made by a Nominating committee.
Nominations may also'be'Mada from the floor at the annual meeting.
3

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02111/90)

The Nominating Committee . shall-consist of a Chairman, who shall

be a member of the Board of Directors, and two or more Members of
the Association. The Nominating CoMmittes shall be appointed by
the Board of Directors prior to each annual meeting of the
Members, to serve from the close of such annual meeting until the
close of the next annual meting end such appointment shall be
announced at each annual meeting. The Nominating Committee shall
make as many nominations for election to the Board of Directors
as it shall in discretion determine, but not less than the
number of vacanciesthat are to be filled. Such nominations may
be made from among Members or non-Members.
Section1,A2 zz...Z1v=ign. election... 4k the Board of
Directors shall voice v ote o r a show of hands, unless
objecte0rAW)hitt1ten;percent. t10%) of the present at that
Members

meeting, i,ihich-.Ca** the , election shall be by written ballot.

The persons receiving` 'the' number of votes shall be
elected. CumulatinIMt4g4sIgrehOited.

PiRrscrz
FETIN G' 1:51P DIRECTORS
dila,-
,: er Meetinas. Regular meetings of
the Board of :Directori*: shall be held at such times, places and
hours as may be fi xec, t'ti Om time to time by resolution of the Board-
-

Spect Llieetings. Special meetings of

the Board of Directors /shal =l be':hilid when called by the President
Of the Ass ociation,112Y" ank'two Directors, after not less than
three (3) days noti14,to: l eachIDirector, unless notice is waived
by all Directors.'-'2. 4 *10'
v
Ifv ‘ wl
Section A.:3' majority of the number of
Directors shall constitute atgPorum for the transaction of
business. Every act or de4SirOn?, done or made by a majority of
the Directors present at a duly held meeting at which a quorum is
present shall be as'. the act of the Board.

ART-x=2 viz
POWERS AND MISS ar: THE BOARD OP DIRECTORS
Eacti2nj mislylli. The Board of Directors shall
have the power to-`
(a) Adopt 4 and publist; rUle g and regulations governing
the use of the Common Area and facilities, and regulating the

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01/04/96 16:02 2Y904 434 7163 E.S.& C. 4 013

( W11190)

personal conduct-of the Members, their families, guests, tenants,

agents and contractors in the use of the Common Areas, and to
establish, if appropriate,-penaltiefvfor the infraction thereof;
(b) Suspend t he v o t ing rights of a Member during any
period in which lsuchdMembe r sha l be in default i
v lssoc a n Such
e pamay
nrithhts Yment of
any assessment e ied ths A i tioo - g also
be suspended after notice and hearing, f r a period not to exceed
sixty f40).days„, tot - infraction of published rules and regulations
by the Members' or their families;
(c) Exercise for the Association 'all powers, duties
and authority vested in or delegated to this Association by these
bylaws, the Articles of Incorporation or the Declaration, and
which are not reserved to the Members by other provisions of
these bylaws, the. Articles bf0Incorporation, or the Declaration;
(6) De§1 te i,4the'Or-0.ce of a member of the Board of
Directors to be ;• VitakiitP4ri 6A 01eteviiii such member shall be absent
from three (3) t^needVivenregular meetings of the Board of
Directors; and tA144*-1. 4-A 4,:ki
'k.401VaiikeAr:
(e) EmPlOY4r $ mapdgetc an independent contractor, or
such other employeas hey deem necessary, and to prescribe
,,,ti rra;.
their duties. ib

Section 7:21.7 Putiss. It shall be the duty of the

Board of Directors -
(a) Causetw e-keWa complete record of all its acts
and corporate affafr*"a ce-Oresent a statement thereof to the
Members at the annng4Ase m lof the Members, or at any special
meeting when suchstaiemin 1r 'anted in writing by one-fourth
of the Owners;
•
(b) Sup 6rs, agents and employees of
this Association, hat their duties are prOperly -
performed;
(c) As 'more, 61IPpeavided in the Dedlaration, to;
(1) , Fix the amount of any assessments against
each Lot and its duek,dste;
(2) s; D.:;. written notice of each assessment to
every Owner subjec ,'tbereto at least thirty days in advanCe of
its duo date;
(3) ''lrorecibsethellen against any property for
which assessments are,not paid . within thirty days after due date

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( Z/11/9G)

and/or to bring an action at law against the Owner personally

obligated to pay same;
(d) Issue, 'or to cause an appropriate officer to issue,
upon demand by any person, .a sealed certificate setting forth
whether or not any assessnent'`has been paid. A reasonable charge
may be made by the Board for the issuance of these certificates.
If the certificate: : states an assessment has been paid, such
certificate shall be. conclusive of such payment;
(e) Procure 'and" maintain°' -adequate liability and hazard
insurance on property owned by the .ssociation;
(f) Cause ;,a13 officers or employees having fiscal
responsibilities to t
bonfed, as it may deem appropriate;
(g) Cauoe `' h'e common Areas to be improved and
maintained; N= >
(h) Coordinate and cooperate with the Architectural
Review Committee as °Rcbn txt ted its the Declarations, matters
pertaining to archit eCttissl control within the Subdivisions.
4 f::

, w•• oil ^^T iEIR 00=E$

Section B 1 - Enumerat o!-uf Officers . The officers of
this Association shall= be ., a Fr : der_t, who shall at all times be
a member of the aord'`vi' ` ` basic ors,, a vice President, a Secretary
and a Treasurer, and such. other ;officers as the Board of Directors
may from time to 'bare b}► 1tirssal tioa create.
Sec io 2: -- Election of Officers . The election of
of ricers shall tak puce at, the first annual meeting of the
Board of Directors ;-,following each annual meeting of the Members,
^t^tion F8 3 > =- Term . The officers of this Association
shall be elected •annual.ly y .the Board of Directors and each
shall hold office for one ( ) -yearu un ess he shall sooner resign,
or shall be removes,or;othezwise disqualified to serve.
Section 84 Special . konaintments . The Board may
elect such other o tfiee theme'af`airs of the Association may
require, each of whom shall;` hold office for such period, have such
authority, and perform '; such the r duties as the Board may, from
time to time, determine.

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02/11/90)

Angsbianaaj ezignialaztjAndjimsayja. Any officer may

be removed from office with or Without cause by the Board of
Directors. Any officerr" may resign at any time giving written
notice to the Beards:the President or the Secretary. Such
resignation shall - t'aice';' effect on the date of receipt or such
notice or at any later time:Apecified therein and, unless otherwise
specified therein, ,the , acceptance of such resignation shall not
be necessary to make it effective.
Section 8.6 - Vacancies. A vacancy in any office may
be filled by appointment by-the,Board of Directors. The officer
appointed to such vacancy shall serve for the remainder of the
term of the officer he replaces. .
• .
LeCtion ;13221'',._z_zalizjaile.....s . The offices of
Secretary and Treasarer may be held by the same person. No
person shall simultaneously hold more than one of any of the
other offices exciepe* I
A.n. the case of special officers created
pursuant to SectiOn g n.4404-.
4
..

. ' t•S lIrt

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,pact ion 8V8'°- 'Du
-Q1, w.-,,,,, .. . The duties i of the officers are
as follows:
441.14
.
0c g-,-4
4-`
art4

(a) The redide*thall-preside at all meetings of the

Board of DirectortCshaWsee'that orders and resolutions of the
Board are carried'putT-ihaIrmaign all leases, mortgages, deeds,
and other written'nattrUMentarnot
i otherwise provided for in these
Bylaws or by PloridiOStatUtes.
vica_President

(b) The'rfriCerPresident shall serve as President, and

Chairman of the lloard ., „ of Directors, in the absence of the
President; and is authorized to sign all leases, mortgages, deeds
and other written:-Astrame itiot otherwise provided for in the4e
Bylaws or by Florida *,,ta et-it,-1,-
edig reieiry
.04
(C)., The all record the votes and keep the
minutes of all mee t ings ;and e of the Board and of the
Members: keep the' ceirporate ,,Aeal of the Association and affix it
on all p a p e rs re q4 irih 41-iiia seal; serve 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 shallcperform such other duties as required by the
Board.

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Treaurer
(d) The shall receive and deposit in
appropriate bank accounte all monies of the Association and shall
disburse such funds ase directed - by resolution of the Board of
Directors; shall si gn: ll checks of the Association; keep proper
books of account; cause an annual audit of the Association books
to be made by a public accountant at the completion of each
fiscal year; and shall prepare an annual budget and a statement of
income and expenditures• to be presented to the membership at its
regular annual meeting, and deliver a copy of each to the Members.

ARITICLEA11
,
-. n , A14001CS.21MD RECORDS
V LA ,1t*4wt
The bookeiVACcords4end
, papers of the Association shall
at all times, cititkin 4 i-elia6-ttable & busines a hours, be subject to
inspection by art'-'Meittiter e:zDeclaration, the Articles of
Incorporation and"the laylak0 he''ABBociation shall be available
for inspection bt612nktMe ' t'' the principal office of the
Association, where!6o lpfk44i e-- purchased at reasonable cost.
-.- rtia4w7=

ASSESSMENT

Section -iif.Ljiasiiiiment. As more fully provided in

the Declarations, each Ilember is obligated to pay to the
Association annualand vsliettalo essessments which are secured by a
continuing lien upiOnthe-iirchieky against which the assessmentis
made. Any ease SSMesies not paid when due shall be
del i nqu ant . I f,21;#4:1'adlifie-OteOti' paid within thirty ( 3 0)
of

days after the diler- A*ate; eS4i0esiMent shall bear interest from
the date of delin - --
C " *Etj*ieF'highest legal rate and the
Association or aii 57 :, "411/Mbehalf of the Association) may bring
an action at lave-'4441! ''reiiii:A5wrier personally obligated to pay
the same and foreolcita e'71.ien against the property. If the
party initiating suciii-Laction prevails, it shall be entitled to
recover reasonable legal - ,tees from the defendant defaulting party
and any such amounts's* awarcied shall be added to the amount of
such assessment. NoAlwner may waive or otherwise avoid liability
for the assessments:provided, for herein by virtue of nonuse of
the Common Areas or o:ebandonmentof his Lot.

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