KNOW ALL MEN BY THESE PRESENT:
That we, the undersigned, have this day
associated ourselves together for the purpose of forming a
corporation under the laws and the State of California, as a
non-profit corporation under the provisions of Part 1 of Division 2,
Title 1, of the Corporations Code, as set forth in its Articles of
Incorporation;
AND THAT WE HEREBY CERTIFY:
FIRST: that the name of the corporation is:
BEVERLY GLEN PARK HOMEOWNER’S ASSOCIATION, INC.
SECOND: That the specific and primary purposes for which this
corporation is formed are:
To provide a means of administering a Condominium Project to be
built on that certain real property in the County of Los Angeles,
State of California, generally known and described as:
Tracts Nos. 28680, 28681, 28682, and
28683, as per maps recorded in the office of
the County Recorder of said County.
and, any additions thereto as may hereafter be brought within the
jurisdiction of this Association by annexation, as provided in
Article Four herein, and to promote the health, safety and welfare
of the residents within said real property and the additions annexed
thereto, all in accordance with provisions of the Declaration of
Covenants, Conditions and Restrictions, recorded or to be recoded
affecting said Condominium Project on said described real property.
In addition to the primary purposes, the corporation shall have
the following general purposes or powers:
The corporation shall have all of the
common law and statutory powers of a
corporation not for profit, which are not in
conflict with the terms of these Articles.
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The corporation shall have all of the
powers reasonably necessary to implement the
purposes of the corporation, including but
not limited to the following:
(a) To make and collect assessments
against members to defray the costs of
the Condominium Project.
(b) To use the proceeds of the
assessments in the exercise of its
powers
and duties.
(c) The maintenance, repair,
replacement, improvement, and operation
of the Condominium Project.
(d) The reconstruction of
improvements after casualty and the
further
improvement of the property.
(e) To make and amend regulations
respecting the use of the property in
the Condominium Project.
(f) To enforce by legal means, the
provisions of the Condominium Plan
and all documents related to the
Condominium Project, these Articles, the
By-Laws of the corporation and the
regulations for the use of the property
in the Condominium Project.
(g) To contract for the management of
the Condominium Project and to
delegate to such contractor all
powers and duties of the corporation
except such as are specifically required
by the condominium documents to have
approval of the Board of Directors or
the membership of the corporation.
The foregoing statement of purposes shall be construed as a
statement of both purposes and powers, and the purposes and powers
stated in each clause shall not, except where otherwise expressed,
be construed as a limitation upon the general purposes for which
this corporation is formed, but shall be regarded as independent
purposes and powers. Notwithstanding any contrary provision herein,
no part of the activities of this corporation shall consist in
carrying on propaganda or otherwise attempting to influence
legislation, and the carrying on by this corporation at a profit of
any business hereinabove recited as a purpose of this corporation
shall be merely incidental to and in furtherance of the general
community betterment and recreational purposes for which this
corporation is formed.
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THAT THIS CORPORATION DOES NOT CONTEMPLATE PECUNIARY GAIN OR
PROFIT TO THE MEMBERS THEREOF, AND THAT THE FUNDS OF THIS
CORPORATION, WHETHER RECEIVED BY GIFT OR OTHERWISE AND REGARDLESS OF
THE SOURCE THEREOF, SHALL BE USED EXCLUSIVELY IN THE PROMOTION OF
THE BUSINESS OF THE CORPORATION, AS THE BOARD OF DIRECOTRS MAY FROM
TIME TO TIME DETERMINE.
THIRD: Every person or entity who is a record owner of a
condominium which is subject by covenants or record to assessment by
Association, including contract sellers, shall be eligible to 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. No owner shall have more than one
membership. Membership shall be appurtenant to and may not be
separated from ownership of any condominium, which is subject to
assessment by the Association. Ownership of such condominium shall
be the sole qualification for membership.
FOURTH: The Association may at any time and from time to time
annex additional property to the property described in Article
Second, and so add to its membership under the provisions of Article
Third, provided that such annexations are made only in accordance
with the provisions of the recorded Declaration of Covenants,
Conditions and Restrictions and amendments thereto, if any,
applicable to the property described in Article Second hereof. Such
additions, when properly made under the applicable covenants, shall
extend the jurisdiction, function duties and membership of this
Association to such property. Where the applicable covenants require
that certain additions be approved, such approval must have the
assent of three-fourths (3/4) majority of the voting power of the
membership, excluding the vote, by proxy or otherwise, of Declarant
and members of its organization who executed such Declaration.
FIFTH: That the County in the State of California, where the
principal office for the transaction of the business of this
corporation is to be located is Los Angeles County.
SIXTH: That the number of directors of this corporation shall
be five (5) and said number may be changed by a duly adopted
amendment to the By-Laws, except that in no event may the number of
directors be less than five (5) without amendment of the Articles of
Incorporation.
The names and addresses of the persons who are appointed to act
as the first directors and the Executive Board of this corporation,
and to continue to act as such directors and the Executive Board
until the election and qualification of their successors, are as
follows:
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NAMES ADDRESSES
Jerome Snyder 1100 Glendon Ave., Suite 1200
Los Angeles, CA 90024
Russell Kubovec 1100 Glendon Ave., Suite 1200
Los Angeles, CA 90024
Charles B. Metcalfe, Jr. 1100 Glendon Ave., Suite 1200
Los Angeles, CA 90024
Albert Markoff 1100 Glendon Ave., Suite 1200
Los Angeles, CA 90024
Willard H. Spiegel 1100 Glendon Ave., Suite 1200
Los Angeles, CA 90024
SEVENTH: That the voting and other rights and privileges of
the membership are to be set forth and provisions therefore made in
the By-Laws of this corporation and the By-Laws are to set forth and
make provisions for the election and the term of office of the Board
of Directors.
EIGHTH: That this corporation is organized pursuant to the
General Non-profit Corporation Law and does not contemplate
pecuniary gain or profit to the members thereof and no part of the
earnings of which is to inure to the benefit of any member or
individual, except as provided in Article Ninth.
NINTH: In the event of the dissolution, liquidation or
winding up of this corporation for any reason whatsoever, the
directors of persons in charge of the liquidation shall divide any
remaining assets among the members in accordance with their
respective rights therein.
TENTH: The private property of the members shall not be
subject to the payment of corporate debts.
The general management of the affairs of this corporation shall
be under the control, supervision and direction of the Board of
Directors.
This corporation reserves the right to amend, alter, change or
repeal any provisions contained in these Articles of Incorporation
in the manner now or hereafter prescribed in Title 1, Division 1,
Part 8, Chapter 1 of the Corporations Code and all rights conferred
upon members herein are granted subject to this reservation.
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ELEVENTH: The Association shall exist perpetually.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this
17th day of February, 1970.
____________________
JEROME SNYDER
____________________
RUSSELL KUBOVEC
____________________
CHARLES B. METCALFE, JR.
____________________
ALBERT MARKOFF
____________________
WILLARD H. SPIEGEL
STATE OF CALIFORNIA )
)
COUNTY OF LOS ANGELES )
On this 17th day of February, 1970, before me
Ursula T. Fitzgerald, a Notary Public in and for Los Angeles
County, State of California, residing therein duly commissioned and
sworn, personally appeared Jerome Snyder, Russell Kubovec,
Charles B. Mecalfe, Jr., Albert Markoff, and Willard H. Spiegel
personally known to me to be the said persons whose names are
subscribed to the foregoing Articles of Incorporation as
Incorporators and who are also named therein as Directors, and who
acknowledged to me that they executed the said instrument.
IN WITNESS WHEREOF, I have hereunto affixed my hand and official
seal this 17th day of February, 1970.