HomeMy WebLinkAbout017 Charter of 2131 Graf Apartments POA Inc
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ARTICLES OF INCORPORATION
OF
2131 GRAF APARTMENTS POA, INC.
Pursuant to the provisions of the Montana Non-profit Corporation Act, as amended, the
undersigned incorporator delivers the following charter for filing with the Secretary of State:
ARTICLE I.
The name of the corporation is 2131 Graf Apartments POA, Inc.
ARTICLE II.
The corporation is a mutual benefit corporation and is not organized for profit.
ARTICLE III.
The address of the principal office of the corporation in the State of Montana is P.O. Box
11890, Bozeman, Montana 59719, Attn: Will Ralph.
ARTICLE IV.
The address of the registered office of the corporation shall be P.O. Box 11890, Bozeman,
Montana 59719, Attn: Will Ralph. The registered agent at that office shall be Will Ralph.
ARTICLE V.
The purposes for which the corporation is organized are:
(a) To operate, manage, maintain and administer the affairs of 2131 Graf Apartments
POA, Inc., as established pursuant to that certain Declaration of Covenants, Conditions and
Restrictions for 2131 Graf Street Minor Subdivision recorded at Instrument No.
_____________________, in the Clerk and Recorder’s Office for Gallatin County, Montana
(hereinafter referred to as the “Declaration”), and the Final Plat of 2131 Graf Street Minor
Subdivision, filed for record at Instrument No. ______________________, in said Clerk and
Recorder’s Office (the “Plat”), together with any future supplements or amendments to such
Declaration and Plat.
(b) To enter into and perform any contract and to exercise all powers which may be
necessary or convenient to the operation, management, maintenance and administration of the affairs
of 2131 Graf Apartments POA, Inc. in accordance with the Declaration.
ARTICLE VI.
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The corporation is to have members, and each Owner, as that term is defined in the Bylaws,
shall be a member of the corporation and no other person or entity shall be entitled to membership.
No Owner shall be required to pay any consideration whatsoever solely for their membership in the
corporation. Certain other persons (not owners or residents in Icon at Ferguson Farms) may be
afforded access to the amenities operated by the corporation but those individuals shall be considered
licensees and not as members.
ARTICLE VII.
(a) The share of an Owner in the corporation cannot be assigned, pledged or transferred
in any manner except as an appurtenance to their Lot in 2131 Graf Street Minor Subdivision.
(b) Each Owner shall be entitled to a vote as set forth in the Declaration.
(c) An Owner in default with respect to any provision of the Declaration shall not be
entitled to vote at any meeting of the corporation so long as such default is in existence.
(d) Defined terms used in the Declaration shall have the same meanings ascribed to them
herein.
ARTICLE VIII.
(a) The number of Directors of the corporation shall be fixed by the Bylaws of the
corporation but shall not be less than two (2).
(b) Directors may take any action which they are required or permitted to take without a
meeting on written consent, setting forth the action so taken, signed by all of the Directors entitled to
vote thereon.
ARTICLE IX.
Upon the dissolution of the corporation, all assets of the corporation shall be distributed to a
non-profit organization with purposes similar to those of the corporation. Such organization to be
chosen by the Board of Directors of the corporation as part of the plan of dissolution of the
corporation.
ARTICLE X.
No provision of these Articles shall be amended or modified except as set forth in the
Bylaws.
ARTICLE XI.
The complete name and address of the incorporator is as follows:
Will Ralph
P.O. Box 11890
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Bozeman, Montana 59719
IN WITNESS WHEREOF, the undersigned, having capacity to contract and acting as the
Incorporator under the Montana Non-Profit Corporation Act, submits the foregoing Articles of
Incorporation for 2131 Graf Apartments POA, Inc.
Dated this ______ day of __________, 2020.
Will Ralph, Incorporator