Oklahoma General Corporation Act
SilverHawk Homeowner's Association is a non-profit corporation established under Title 14, Chapter 22 of the Oklahoma Statutes. The law can be read by following this link: www.oscn.net/applications/oscn/Index.asp?ftdb=STOKST18&level=1. This is the highest level of authority when it comes to the powers and limitations of SilverHawk Homeowner's Association Inc.
Certificate of Incorporation
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This is the document that is filed with the Secretary of State and is the official document that makes SilverHawk HOA a non profit corporation under the General Cooperation Act in the Oklahoma State Statutes as described above. This is the second level of authority when it comes to the powers and limitations of SilverHawk Homeowner's Association Inc.
When the document is filed it can contain many limitations. When our's was filed, it was filed as just a very basic document, leaving much of the burden on the following documents to guide the corporation. |
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Declaration of Covenants, Conditions and Restrictions and ByLaws
These documents establish rules for construction of homes within the Association. Additionally, they set forth rules that are binding on each homeowner on the use of property. It is in two parts. Both are legally binding on all homeowners and the Association. The spot amendment changes language found in the first document. The language in the spot amendment overrides the language in the first document. These two documents are the third level in authority when it comes to the powers and limitations of SilverHawk Homeowner's Association Inc.
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This is the first part of the document. It was amended on January 26th, 2017. The amendment modified language within the document to correct numerous errors discovered in the original filings. Additionally, this amendment adds a fine schedule used to enforce the provisions of the Declaration.
Originally included with this filing is Exibit A, ByLaws. It has been removed and placed after these two documents for ease in navigating and understanding the document. |
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This is the second part of the document. A spot amendment was file on March 9th, 2017. The amendment was to modify language to include new rules for home based business, parking particular vehicles and trash can location restrictions.
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ByLaws
This documents set forth the rules that the Association must follow. In general it expands on the business side of the non-profit corporation. Primarily it establishes procedures for meetings like when and where they must take place and the number of members that constitutes a quorum. It further defines the powers of the Board and governs the behaviors of the Board. This document is the fourth level of authority when it comes to the powers and limitations of SilverHawk Homeowner's Association Inc.
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This is Exibit A of the Declaration as Amended on January 26th, 2017. It was extracted from that document and provided here for clarity in its use and hierarchy of authority.
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SilverHawk Rules
These are rules that are established by the Board that govern common areas such as the Pool and Clubhouse. Currently these rules are under revision. These rules fall under the authority of the Declaration.