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AMENDED AND RESTATED BYLAWS
OF
TUXFORD HOMEOWNERS ASSOCIATION, INC.

Article VI - Miscellaneous

  1. Notices. Unless otherwise provided in these Bylaws, all notices, demands, bills, statements, or other communications under these Bylaws shall be in writing and shall be deemed to have been duly given if delivered personally or if sent by United States mail, first class postage prepaid:

    1. If to a Member, at the address which the Member has designated in writing and filed with the Secretary, or if no such address has been designated, at the address of the Lot of such Member;

    2. If to the Association or the Board, at the principal office of the Association, if any, or at such other address as shall be designated in writing and filed with the Secretary.

  1. Severability. The invalidity of any part of these Bylaws shall not impair or affect in any manner the validity, enforceability, or effect of the balance of these Bylaws or the Declaration.

  2. Captions. The captions herein are inserted only as a matter of convenience and for reference and in no way define, limit, or describe the scope of these Bylaws or the intent of any provision thereof.

  3. Gender and Grammar. The use of the masculine gender in these Bylaws shall be deemed to include the feminine gender, and the use of the singular shall be deemed to include the plural whenever the context so requires.

  4. Fiscal Year. The fiscal year of the Association may be established by Board resolution or, in the absence thereof, shall be April 1st to March 31st.

  5. Financial Review. A financial review of the accounts of the Association shall be performed annually in the manner provided by the Board. However, after having received the Board's financial review at the annual meeting, the Mandatory Members may, by a Majority of the Association vote, require that the Association accounts be audited as a Common Expense by an independent accountant.

  6. Conflicts. The duties and powers of the Association shall be those set forth in the Act, the Georgia Nonprofit Corporation Code, the Declaration, these Bylaws, and the Articles of Incorporation, together with those reasonably implied to affect the purposes of the Association; provided, however, that if there are conflicts or inconsistencies between the Act, the Georgia Nonprofit Corporation Code, the Declaration, these Bylaws, or the Articles of Incorporation, then the provisions of the Act, the Georgia Nonprofit Corporation Code, as may be applicable, the Declaration, the Articles of Incorporation and these Bylaws, in that order, shall prevail, and each Mandatory Member covenants to vote in favor of such amendments as will remove such conflicts or inconsistencies.

  7. Amendment. These Bylaws may be amended by the affirmative vote, written consent, or any combination thereof of the Mandatory Members holding two-thirds (2/3) of the total eligible vote of the Association. Notice of a meeting, if any, at which an amendment will be considered shall state that fact and the subject matter of the proposed amendment. Owners whose voting rights have been suspended pursuant to the Declaration or these Bylaws shall not be counted as eligible votes toward the amendment requirement.


    Any action to challenge the validity of an amendment adopted under this Section must be brought within one (1) year of the amendment’s effective date. No action to challenge any such amendment may be brought after such time

  1. Books and Records. To the extent provided in O.C.G.A. 14-3-1602, all Association Members and any institutional holder of a first Mortgage shall be entitled to inspect Association records at a reasonable time and location specified by the Association, upon written request at least five (5) days before the date on which the Member or mortgagee wishes to inspect and copy. The Association may impose a reasonable charge, covering the cost of labor and material, for copies of any documents provided to the Member or mortgagee.