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HomeMy WebLinkAboutSixRange Condo Docs Six Range Condominium Association Bylaws 1 BYLAWS OF SIX RANGE CONDOMINIUM OWNERS ASSOCIATION, INC. SECTION 1. APPLICATION AND PURPOSE 1.1 Application. These Bylaws of the Six Range Condominiums (“Bylaws”) provide for the governance of the Six Range Condominium Owners Association, Inc. (the “Association”). The Bylaws shall, upon being recorded with the Clerk and Recorder of Gallatin County, Montana, govern and control the administration of the property more particularly described on Exhibit A, together with any property added to the Declaration for the Six Range Condos recorded ________________, 2022, as Document No. _________________ with the Gallatin County Clerk and Recorder’s Office, Gallatin County, Montana as such may be amended, restated, and finalized from time to time (“Declaration”). All Unit Owners, their family, employees, business invitees, guests, and any renters or sublessees, present and future, shall have the rights and responsibilities described in these Bylaws and shall be subject to the provisions thereof. Unless otherwise defined herein, all terms used in these Bylaws shall have the meanings set forth in the Declaration, as such may be amended, restated, or finalized. The definitions contained in the Declaration are incorporated by referenced herein. 1.2 Purpose. The Association shall be a Montana non-profit corporation and shall have all the powers of a non-profit corporation enumerated and set forth in §35-2-113, MCA, et seq., as amended. The Association is formed exclusively as a condominium owners association within the meaning of Section 501(c)(4) of the Internal Revenue Code and its regulations, as amended. SECTION 2. MEMBERSHIP 2.1 Membership Appurtenant to Units. Each Unit Owner owning a Unit or an interest in a Unit in the Six Range Condos, or owning such a Unit in any real estate tenancy relationship recognized by the State of Montana (an “Owner” or “Unit Owner”), shall be a member of the Association (a “Member”) and is subject to those covenants, conditions, and restrictions as set forth in the Declaration, the Bylaws, and the Governing Documents. An Owner may not decline membership in the Association. Membership begins concurrently with the acquisition of an ownership interest in a Unit and terminates at the time such ownership interest is terminated. Such termination shall not relieve any Owner of liability for obligations incurred while a member of the Association. Furthermore, membership in the Association does not in any way negate or impair any owner’s legal remedies, right to bring legal action, or defenses which may arise from or be incident of Unit ownership. 2.2 Multiple Owners. Where a Unit has multiple Owners, such Owners shall designate in writing a single person to act as the representative Member authorized to act on behalf of all such Owners with regard to its membership in the Association. SECTION 3. OBLIGATIONS Each Unit Owner shall be obligated to comply with these Bylaws, the Declaration, the Governing Documents, and applicable laws including, but not limited to, the laws of the State of Montana, Gallatin County, and the City of Bozeman. Such obligations shall include, but are not limited to, the paying of assessments levied by the Association, and the adherence to the covenants, Six Range Condominium Association Bylaws 2 conditions, and restrictions as set forth in the Declaration, these Bylaws, and the Governing Documents. The failure of any Owner to abide by these Bylaws and all rules made pursuant hereto, the Declaration, the Governing Documents, and the applicable laws shall be grounds for appropriate legal action by the Association or by an aggrieved Unit Owner against the noncomplying Owner. SECTION 4. VOTING RIGHTS 4.1 Voting. Voting shall be based on the Percentage of Interest as set forth in the Declaration. If ownership of any Unit is vested in more than one (1) person, then the vote for such Unit shall be exercised by the representative of the co-owners of such Unit and advise the Secretary/Treasurer of the Association in writing prior to any meeting or vote. Voting rights of an Owner that is an entity or not a natural person may be exercised by any officer, director, partner, trustee, member, manager, or other individual authorized and designated in a written instrument to act on behalf of the entity or non-natural person and provided to the Secretary/Treasurer of the Association in writing prior to any meeting or vote. In a situation involving co-owners or where the Owner is an entity or is not a natural person and absent written advice to the Secretary/Treasurer of the Association, if more than one person seeks to exercise the vote for a Unit, then the voting right of the Unit shall be suspended. Except as otherwise expressly required by law, only Members in good standing (not delinquent in the payment of dues, Assessments, or other fees owed to the Association and not in violation of any provision of these Bylaws, the Declaration, or any other Governing Documents) are entitled to vote. Neither the Association nor the Declarant shall have any obligation to confirm which of the persons has the right to exercise a vote regarding multiple interest Owners or with respect to an Owner which is an entity or is not a natural person. The written advice of the Secretary/Treasurer of the Association shall state which person has authority to act on behalf of the Unit Owner and include that person’s name, mailing and physical addresses, email address, and telephone number. The Association may rely on such notice until such notice is updated by a Unit Owner. SECTION 5. MEETINGS 5.1 Annual Meetings. Annual Meetings of the Members shall be held in the month of December or such month thereafter as is determined reasonably practical, and at a date, time, and place as set forth by the Board. After the expiration of the terms of the Initial Directors (as defined in Section 6.3 herein), the Members shall elect a Board and transact any other business that may legally come before the meeting. 5.2 Special Meetings. Special Meetings of the Members may be called by the President or the Board of the Association. Special Meetings of the Members may also be called by the Owners entitled to vote of not less than forty percent (40%) of the Percentage of Interest. A written demand for a meeting signed and dated by such Owners, describing the purpose for which the meeting is to be held, and delivered to any officer of the Association shall suffice to call such Meeting. Only matters within the purpose(s) described in the notice for a special meeting of the Members may be conducted at the special meeting. 5.3 Notice of Meetings. Written or printed notice stating the place, date, and time of the meeting, and in the case of a special meeting the purpose or purposes for which the meeting is called, shall be delivered not less than ten (10) days or more than sixty (60) days before the date of the meeting. Notice shall be delivered either personally, electronically, by facsimile, or by mail; by or at the direction of the President, Vice President, Secretary/Treasurer, or officer or persons calling the meeting; to each Member of record that is entitled to vote at such meeting. If mailed, such notice shall be deemed to be given three (3) days after the date when deposited in the United Six Range Condominium Association Bylaws 3 States mail, with postage prepaid, addressed to the Member at his, her, or its address as it appears on the records of the Association, or at his, her, or its last known address. If notice is given electronically, such notice shall be deemed to be delivered when sent. If notice is delivered by facsimile, such notice shall be deemed to be delivered upon facsimile confirmation. 5.4 Quorum. Members representing a majority of the Percentage of Interest either in person or by proxy, shall constitute a quorum at a meeting of Members. When a quorum is present or represented at any meeting, the vote of a majority of the Members present in person or represented by proxy shall decide any question brought before such meeting, unless an express provision of the Declaration or these Bylaws requires a different vote to decide the question, in which case such express provision shall govern and control the decision of such question. If less than a quorum is present at a meeting, a majority of the Members entitled to vote and present at such meeting may adjourn the meeting without further notice until a quorum is present and represented. 5.5 Proxies. At all meetings of Members, each Member may vote in person or by proxy. All proxies shall be in writing and filed with the Secretary/Treasurer of the Association before the appointed time of each meeting. Every proxy shall be revocable and shall automatically cease upon conveyance by the Member of his, her, or its Unit, or upon receipt of written notice by the Secretary/Treasurer of the Association of the death or judicially declared incompetence of a Member, or upon the expiration of eleven (11) months from the date of the proxy. The proxy shall identify the person or persons authorized to exercise the proxy and the length of time it will be valid. If the Member specifies a choice in his, her, or its proxy, the vote shall be cast in accordance with that choice. In addition, voting shall comply with any other applicable requirements under Montana law, including §35-2-539, MCA, as amended. 5.6 Telephone Participation. Members may participate in a meeting of the Members by means of a conference telephone call, conference video call, or similar communication instrument, provided all persons participating in the meeting can hear each other at the same time. Participation in this manner constitutes being present in person at a meeting. SECTION 6. BOARD OF DIRECTORS 6.1 General Powers. The business and affairs of the Association shall be managed by its Board. The Board shall be the governing body of the Association and shall have all the power of the Board described in the Declaration. The Board may adopt such rules and regulations for the conduct of their meetings; the management of the Association; the enforcement of the Bylaws, the Declaration, and the other Governing Documents; and the use of the Common Elements as they may deem proper, so long as these are not inconsistent with the Bylaws, the Declaration, the other Governing Documents, and the laws of the State of Montana. The Board may employ a manager or management agent (a “Manager”), to be compensated in an amount established by the Board, to perform such duties and services as the Board shall authorize. The Board may also retain accountants, lawyers, and other professionals and advisors as the Board deems necessary and advisable. The Board may employ personnel or contract for the maintenance, upkeep, and repair of the Common Elements or other property or equipment owned by or provided for the use of the Association. 6.2 Number and Qualification. The Association shall have not less than three (3) directors (“Directors”) who shall constitute the Board as the governing body of the Association. The number of Directors may be increased or decreased from time to time by amendment of these Bylaws, but the number of directors shall not be more than seven (7) or fewer than three (3). Unless Six Range Condominium Association Bylaws 4 vacated sooner, each Director shall hold office until the Director’s term expires and a successor is elected or until such Director’s earlier death, resignation, or removal. 6.3 Initial Board of Directors. The Declarant shall appoint the initial Directors of the Board (“Initial Directors”). The Initial Directors do not need to be Members. Each Initial Director shall serve until the earlier of: (i) the end of the Declarant Control Period; or (ii) the date on which the Declarant voluntarily relinquishes its right to appoint Initial Directors. The Declarant, in its sole and absolute discretion, shall be entitled to fill by appointment any vacancy of the Initial Directors or to remove any Initial Director. Notwithstanding any other provision of these Bylaws, the Members shall have no power to remove the Initial Directors, nor shall the Members have the power to appoint any additional or successor Director until the earlier of: (i) the end of the Declarant Control Period; or (ii) the date on which the Declarant voluntarily relinquishes its rights to remove Initial Directors and to appoint additional or successor Directors. 6.4 Term After Initial Board. After the earlier of: (i) the end of the Declarant Control Period; or (ii) the date on which the Declarant voluntarily relinquishes its right to appoint Initial Directors, the term of one (1) Director shall be for three (3) years, the term of one (1) Director shall be for two (2) years, and the term of one (1) Director shall be for one (1) year. Thereafter, all such subsequently elected Directors shall serve terms of three (3) years. Unless vacated sooner, each Director shall hold office until the Director’s term expires and a successor is elected. 6.5 Election. After the earlier of: (i) the end of the Declarant Control Period; or (ii) the date on which the Declarant voluntarily relinquishes its right to appoint Initial Directors, the election of the Board shall be conducted at the annual meeting of the Members. All Directors except for the Initial Directors shall be elected at the annual meeting of the Association, and the Members shall elect the Board. An elected Director must be a Member (or representative of a Member) in good standing. At such election, the Members or their proxies may cast their vote(s) for each vacancy. The persons receiving the largest number of votes shall be elected. There shall be no cumulative voting. Voting for Directors or for their removal may be made by written ballot. 6.6 Notice. Notice of any annual or other meeting of the Board shall be given at least two (2) days prior to the scheduled meeting, by written notice delivered to each Director in any of the following ways: personally, electronically through e-mail or by facsimile transmission, or by mail to the address for such person on the books of the Association. If mailed, such notice shall be deemed to be delivered three (3) days after it was deposited in the United States mail, with proper postage prepaid. If delivered electronically, such notice shall be deemed to be delivered upon facsimile confirmation or on the date sent via e-mail. The participation of a Director at a meeting shall constitute a waiver of notice of such meeting, except where a Director attends a meeting for the express purpose of objecting to the transaction of any business because the meeting is not lawfully called or convened, in which case such Director must file a written dissent with the person acting as Secretary of the meeting before the adjournment or immediately after adjournment of the meeting. 6.7 Quorum. At any meeting of the Board, a majority of the total Directors shall constitute a quorum. 6.8 Manner of Acting. Each Director shall have one vote. The affirmative vote of a majority of the Directors present at a meeting at which a quorum is present shall constitute the act of the Board. However, the affirmative vote of a single Director present at a meeting at which a quorum is present shall not be the act of the Directors unless a majority of the Directors also vote in favor of authorizing the same. Six Range Condominium Association Bylaws 5 6.9 Action Without Meeting. Action required or permitted to be taken at a Board meeting may be taken without a meeting if the action is approved by all Directors of the Board. The action must be evidenced by written consents (delivered personally, electronically through e-mail or facsimile, or by mail) signed by all Directors. 6.10 Telephone Participation. Directors may participate in a meeting of the Board or of the Association by means of a conference telephone call, conference video call, or any other means of communication, provided all persons participating in the meeting can hear each other at the same time. A Director’s participation in this manner constitutes being present in person at the meeting. 6.11 Removal of Directors. After the earlier of: (i) the end of the Declarant Control Period; or (ii) the date on which the Declarant voluntarily relinquishes its right to appoint Initial Directors, the Members may remove a Director, with or without cause, by a vote of the Members holding a majority of the Percentage of Interest. A Director elected by the Members may be removed by the Members only at a meeting called for the purpose of removing the Director. The meeting notice must state that the purpose (or one of the purposes) of the meeting is the removal of the Director. 6.12 Resignation. A Director may resign at any time by giving written notice to the Board, the President, the Vice President, or the Secretary/Treasurer of the Association. Unless otherwise specified in the notice, the resignation shall take effect at the date specified in the notice or, if such date is not specified, then upon receipt thereof by the Board or such officer. The acceptance of the resignation shall not be necessary to make it effective. 6.13 Vacancies. After the earlier of: (i) the end of the Declarant Control Period; or (ii) the date on which the Declarant voluntarily relinquishes its right to appoint Initial Directors, if a Director dies or resigns, the vacancy shall be filled by the remaining Board at a duly held meeting, or by the sole remaining Director; provided, however, a vacancy created by the removal of a Director by the Members can be filled only by election of the Members. A successor Director shall serve for the unexpired term of his or her predecessor. 6.14 Compensation. No Director shall receive compensation for any service rendered to the Association as a Director. However, any Director may be reimbursed for his or her reasonable expenses incurred in the performance of his or her duties as a Director. 6.15 Indemnification. The Association shall indemnify and advance expenses to any present or former Director or officer of the Association to the fullest extent authorized under §§ 35-2-446 through 35-2-452, MCA, as amended, or any successor statutes. The right to indemnification and advances set forth in this Section shall be contract rights, and any amendment to or repeal of this Section (or any applicable provision herein) shall not adversely affect any right to indemnification or advancement with respect to acts or omissions of any indemnitee occurring prior to such amendment or repeal (regardless of whether the proceeding relating to such acts or omissions is commenced before or after such amendment or repeal). SECTION 7. OFFICERS 7.1 Enumeration of Officers. The officers of the Association shall be a President, a Vice President, and a Secretary/Treasurer, each of whom shall be appointed by the Board. Such other officers and assistant officers as may be deemed necessary by the Board shall also be appointed by the Board. Six Range Condominium Association Bylaws 6 7.2 Term of Office. Each officer shall hold office until the earlier of: (i) his or her successor being duly appointed; or (ii) his or her death, resignation, or removal. 7.3 Resignation and Removal. Any officer or agent appointed by the Board may be removed by the Board at any time, with or without cause. Any officer may resign at any time by giving written notice to the Board. Such resignation shall take effect at the date of receipt of such notice or any later time specified therein, and unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective. 7.4 Vacancies. A vacancy in any office may be filled by the Board. The officer appointed to fill such vacancy shall serve the remainder of the Term of the officer he or she replaces. 7.5 President. The President shall be the principal executive officer of the Association and, subject to the control of the Board, shall supervise and control all the business and affairs of the Association, including the filing of liens for unpaid dues, Assessments, fees, or fines in accordance with the Declaration, these Bylaws, the other Governing Documents, and the enforcement activities of the Association. The President, when present, shall preside over all meetings of the Board. The President may sign, with the Secretary/Treasurer or any other officer of the Association, any deeds, mortgages, bonds, contracts, or other instruments which the Board has authorized to be executed, except in cases where the signing and execution thereof shall be expressly delegated by the Board or by the Declaration, these Bylaws, or other Governing Documents to some other officer or agent of the Association, or shall be otherwise prescribed by law. In general, the President shall perform all duties incident to the office of President and such other duties as may be assigned to him or her by the Board from time to time. 7.6 Vice President. The Vice President shall fill in for the President should the President be unavailable or unable to perform the powers and responsibilities of the office of President. The Vice President shall also have such powers and responsibilities as may from time to time be assigned to the Vice President by the Board. 7.7 Secretary/Treasurer. In general, the Secretary/Treasurer shall perform all duties incident to the office of Secretary/Treasurer and such other duties as may be assigned to him or her by the President or by the Directors from time to time. The Secretary/Treasurer shall keep the minutes of the Board and Member meetings in one or more books provided for that purpose; ensure that all notices are duly given in accordance with the provisions of the Declaration and these Bylaws; act as the custodian of the Association’s records, regulations, rules, and resolutions, and of the seal of the Association, if any; and keep a register of the post office address of each Director and all members which shall be furnished to the Secretary/Treasurer by each Director. If required by the Board, the Secretary/Treasurer shall give a bond for the faithful discharge of his or her duties in such sum and with such surety or sureties as the Board shall determine. The Secretary/Treasurer shall have charge and custody of and be responsible for all funds and securities of the Association; receive and give receipts for monies due and payable to the Association from any source whatsoever, including Assessments; and deposit all such monies in the name of the Association in such banks, trust companies, or other depositories as shall be selected in accordance with the Declaration, these Bylaws, and the other Governing Documents by the Board. The Secretary/Treasurer shall be responsible for the collection of periodic dues and Assessments to be collected, shall record the dues and Assessments due and paid, and shall prepare quarterly reports reflecting the Association’s assets, including the dues and Assessments due and paid, and shall mail or otherwise provide a copy of the quarterly reports to each Director. The Secretary/Treasurer Six Range Condominium Association Bylaws 7 may, with the consent of the Board, retain an accountant or bookkeeper to assist with or perform such duties. 7.8 Salaries. The salaries of the officers, if any, shall be fixed from time to time by the Board, and no officer shall be prevented from receiving such salary by reason of the fact that he or she is also a Director. 7.9 Other Duties, Obligations, and Rights. The officers shall have all the duties, obligations, and rights specified in the Declaration as well as those specified herein. SECTION 8. CONTRACTS, LOANS, CHECKS, AND DEPOSITS 8.1 Contracts. The Board may authorize any officer(s) or agent(s) of the Association to enter into a contract or execute and deliver any instrument in the name of and on behalf of the Association, and such authority may be general or confined to specific instances. 8.2 Loans. No loans shall be contracted on behalf of the Association and no evidence of indebtedness shall be issued in its name unless properly authorized by resolution of the Board. Such authority may be general or confined to specific instances. 8.3 Checks, Drafts, or Other Orders for Payment. All checks, drafts, other orders for payment of money, notes, or other evidence of indebtedness issued in the name of the Association shall be signed by such officer(s) or agent(s) of the Association and in such manner as shall from time to time be determined by resolution of the Board. 8.4 Deposits. All funds of the Association not otherwise employed shall be deposited from time to time to the credit of the Association in such banks, trust companies, or other depositories as the Board may select in accordance with the Declaration. SECTION 9. MAINTENANCE 9.1 Annual Resolution. The Board shall annually adopt a resolution reflecting the current year’s plan and budget for repair, maintenance, and operation of the Common Elements and other property for which the Association is responsible under the Declaration and these Bylaws, and for performing other functions of the Association. The President of the Association or the Manager, as determined by the Board, shall implement this plan and the Secretary/Treasurer shall pay for the expenses from Association funds collected. 9.2 Repairs, Maintenance, and Operation. Repairs, maintenance, and operation of the Common Elements and other property for which the Association is responsible as provided in the Declaration shall be performed on an “as needed” basis. The President of the Association or the Manager, as determined by the Board, is authorized to initiate all repairs, maintenance, and/or other operations which are estimated to be less than Ten Thousand Dollars ($10,000) in expense. All repairs, maintenance, or other operations estimated as requiring Ten Thousand Dollars ($10,000) or more in expense shall be initiated by the President of the Association or the Manager only after the Board has adopted a resolution specifically authorizing the expense, which may be authorized individually or in a budget for the Association. Expenses for repair, maintenance, and operation shall be paid by the Secretary/Treasurer of the Association from the Association funds received as assessments or otherwise as consistent with the Declaration. In order to implement any maintenance or Six Range Condominium Association Bylaws 8 operation work required by a resolution, the President of the Board or the Manager may employ any personnel reasonably necessary to properly effect said maintenance and repair. SECTION 10. BUDGET AND RECORDS 10.1 Budget. The Board shall draft and approve an annual budget for each fiscal year. The annual budget may be amended by resolution of the Board. If no budget is adopted, the last existing budget shall continue until amended by the Board. 10.2 Records. The Board shall keep detailed and accurate records of the actions of the Board, including minutes of the meetings of the Board and minutes of the meetings of the Members. The Board shall also keep detailed and accurate financial records in chronological order of the receipts and expenditures of common obligations or of individual obligations for which the Board is serving as the conduit for payment of expenses. The Board shall also maintain an Assessment role in which there shall be an account for each Member. Such accounts shall designate the name and address of the Member, the amount of each Assessment, the dates on which each Assessment becomes due, the amounts paid upon the account, and the balance due on each Assessment and on the Member’s account. 10.3 Inspection by Members. The Members shall have the right to inspect and copy, at the Members’ expense and at a reasonable time and location specified by the Association, any of the records of the Association specified herein, and in compliance with §§ 35-2-907 through 35-2-912, MCA, as amended or its successor statutes. The Board may establish reasonable rules with respect to any such inspections, including rules regarding advance notice of an inspection and hours and days of the week when such an inspection may take place. SECTION 11. RULES AND REGULATIONS The Board may adopt such rules and regulations regarding the use and operation of the Common Elements, or the enforcement of the Declaration, these Bylaws, and other Governing Documents as may be reasonably necessary; provided, however, such rules and regulations shall be consistent with and in compliance with the Declaration. SECTION 12. ASSESSMENTS AND FINES In compliance with the Declaration, the Board may authorize Assessments and dues against the Units of Members. In compliance with the Declaration, the Board may authorize fines against the Units of certain Members as set forth in the Declaration. SECTION 13. AMENDMENT Until the earlier of: (i) the end of the Declarant Control Period; or (ii) the date on which the Declarant voluntarily relinquishes its right to amend these Bylaws, Declarant may amend these Bylaws without the approval of the Board. Until the earlier of: (i) the end of the Declarant Control Period; or (ii) the date on which the Declarant voluntarily relinquishes its right to unilaterally amend these Bylaws, these Bylaws may not be amended, repealed, or replaced without prior written consent of the Declarant. After the earlier of: (i) the end of the Declarant Control Period; or (ii) the date on which the Declarant voluntarily relinquishes its right to unilaterally amend these Bylaws, these Bylaws may be amended only by the affirmative vote or written consent of seventy-five percent (75%) of the Members. SECTION 14. MISCELLANEOUS Six Range Condominium Association Bylaws 9 14.1 Conflicts. In the case of any conflict between the Articles of Incorporation (“Articles”) and these Bylaws, the Articles shall control. In the case of any conflict between the Declaration and these Bylaws, the Declaration shall control. 14.2 Fiscal Year. The fiscal year of the Association shall begin on the first day of January and end on the last day of December of each year. The fiscal year may be changed by resolution of the Board. 14.3 Severability. Whenever possible, each provision or part of these Bylaws will be interpreted in such manner as to be effective and valid to the fullest extent permitted by law. If any provision or part of these Bylaws is determined to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions or parts of these Bylaws shall not be affected or impaired in any way. 14.4 Interpretation. The provisions of the Declaration and of the Bylaws to be promulgated and recorded herewith shall be liberally construed to effectuate the purpose of the Declaration and Bylaws and to create a Building or Buildings subject to and under the provisions of the Unit Ownership Act. 14.5 Applicable Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Montana. 14.6 Binding Effect. Except as otherwise provided herein, these Bylaws shall be binding upon and shall inure to the benefit of the Association, the Declarant, and the Members of the Association, and the respective heirs, personal representatives, successors, and assigns of each. 14.7 Electronic Signatures. Electronic signatures shall be deemed original signatures for purposes of the Bylaws, or any actions by the Board or the Association’s Member, with such electronic signatures having the same legal effect as original signatures. 14.8 Notice. Any notice required by these Bylaws shall be in writing and shall be deemed to have been received: (i) on the date such notice is personally delivered; (ii) on the postmarked date such notice is mailed through the United States Postal Service to the address on record with the Association, return receipt requested and postage prepaid; (iii) on the date such notice is accepted by a nationally recognized courier (e.g., UPS or Federal Express) to be delivered to the address on record with the Association; or (iv) on the date such notice is sent via email or facsimile transmission and a delivery receipt is obtained. Members may change their mailing or email addresses for notice purposes by delivering written notice of such change to the Association by any method by which notice may be given in accordance with this Section. The mailing address of the Unit shall be the default address to which the Association shall provide all notices, unless a different address is on record with the Association. 14.9 Service of Process. The name and address of the person to receive service of process for the Association, until another designation is filed of record, shall be the registered agent for the Association on file with the Montana Secretary of State. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] Six Range Condominium Association Bylaws 10 The undersigned Secretary/Treasurer of the Association does hereby certify that these Bylaws were adopted by the Board of Directors of the Association and by Six Range Condos, LLC, a Delaware limited liability company and/or its successors and assigns as the sole owner of the Units in the Six Range Condos, as the Bylaws of the Six Range Condominium Owners Association on _______________, 202_. By: ___________________________ Name: ___________________________ Title: Secretary/Treasurer STATE OF MONTANA ) :ss. COUNTY OF GALLATIN ) On this _______ day of ____________, 202__, before me, a notary public in and for the State of Montana, personally appeared _______________________ known to me to be the person whose name is subscribed to the within instrument and acknowledged to be the Secretary/Treasurer of the Six Range Condominium Owners Association. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal as of the day and year first above written. __________________________________ Notary Public for the State of Montana Six Range Condominium Association Bylaws 11 EXHIBIT A LEGAL DESCRIPTION Tract Al of Minor Subdivision No. 338, located in the Southwest¼ of Section 10, Township 2 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana, according to the official plat thereof on file and of record in the office of the County Clerk and Recorder of Gallatin County, Montana.