HILLER HIGHLANDS FOUR ASSOCIATION
We. the undersigned, do=
hereby
associate ourselves together for the purpose of forming a non-profit
corporation, pursuant to the General Non-Profit Corporation Law, and for th=
at
purpose do hereby adopt the following Articles of Incorporation:
The specific and primary purpo=
ses
for which this corporation is formed and for which it shall be exclusively
administered and operated are to maintain the landscaping, structures and
facilities on the property which is subject to the jurisdiction of this
corporation, as required by ETU 65-356, an exception to use permit granted =
by the
City of Oakland, adopted August 3, 1965, to provide insurance coverage for =
said
property and the owners thereof, and to provide those services and to do th=
ose
things which are required or permitted by the Declaration of Covenants,
Conditions and Restrictions Tract 3358 (Hiller Highlands, Phase Four), reco=
rded
June 2, 1972, on Reel 3147 at Image 435-458, Official Records, Alameda Coun=
ty
for the pleasure, health, comfort and safety of the owners of said property=
and
for the welfare of the people of the City of Oakland, and for no other
purposes, to the express exclusion, however, of the carrying on of any
propaganda, or any attempt to influence legislation, or any participation in
(including the publishing or distributing of statements) any political camp=
aign
on behalf of any candidate for public office.
ART=
ICLE III
"Property over which this
corporation has jurisdiction or “property subject to the jurisdiction=
of
this corporation," as the foregoing terms are used in these Articles, =
is
and refers to that certain real property, or any part or parts or portion or
portions thereof, or Interest or estate therein, In the City of Oakland, Co=
unty
of Alameda, State of California, more particularly hereafter in this Article
III described, which is or may hereafter be, but only as and when made subj=
ect
to a recorded Declaration of Covenants, Conditions and Restrictions. The real property referred to in t=
his
Article III is described as follows: Tract 3358,
ART=
ICLE IV
The principal office for the
transaction of the business of this corporation is to be located in the
ART=
ICLE V
The number of directors of the corporation shal=
l be
three, which number shall constitute the authorized number of directors unt=
il
changed by amendment of these Articles or by a by-law adopted by the member=
s of
this corporation, and the names and addresses of=
the
persons who are appointed to act as the first directors of this corporation=
are
as follows:
ART=
ICLE VI
This corporation shall have one class of members
whose rights and interests shall be equal and identical, except only as to
voting rights as set forth in the By-laws.=
Each person who is shown by a duly acknowledged instrument recorded =
in
the Office of the Recorder of Alameda County, California, to be an owner of=
a
fee interest in one or more of Residence Lots 1 through 80, Tract 3358,
Membership shall subsist and continue only for =
so
long as such interest is shown of record to be the interest of the member.<=
span
style=3D'mso-spacerun:yes'> Membership in this corporation sha=
ll not
terminate upon the death or legal disability of a member, but all of the ri=
ghts
of such member shall be vested in the personal or legal representative of s=
uch
member.
The voting rights of the corpo=
ration
shall be as set forth In the By-laws.
ART=
ICLE
VIII
This corporation shall have no
capital stock and is not formed for profit. It is a corporation which does not
contemplate the distribution of accumulations, gains, profits or dividends =
to
the members thereof, and is a corporation, no part of the accumulations, ga=
ins,
or profits of which shall be paid or inure to the benefit of any private pe=
rson,
member or individual, and no part of the activities of this corporation sha=
ll
consist of the carrying on of propaganda or otherwise to influence legislat=
ion.
The property of this corporation is irrevocably
dedicated to community and civic welfare and interest, and upon liquidation,
dissolution or abandonment of this corporation, none of Its assets or prope=
rty
shall inure to the benefit or any director, officer or member thereof or to=
the
benefit of any private persons, but shall be distributed to a fund or funds,
foundation or foundations, or corporation or corporations organized and
operated exclusively for the purpose of aiding and developing community and
civic welfare and interest within the limits of the City of Oakland, State =
of
California, or within such limits and elsewhere, and which has established =
Its
tax-exempt status under Section 501(e)(3) of the Internal Revenue Code of 1=
954
(referred to herein as the “Code”; provided however, that in the
absence of a specific designation or designations by the person or persons =
or
board having authority to do so, then the same shall be distributed to the =
City
of Oakland, State of California for park and recreational purposes.
ARTICLE X
The corporation shall distribute its income, if=
any
(but not to members), for each taxable year at such time and in such manner=
as
not to subject the corporation to tax under Section 4942 of the Code; the
corporation is prohibited from engaging in any act of self-dealing (as defi=
ned
In Section 4941(d) of the Code), from retailing any excess business holdings
(as defined in Section 4943(c) of the Code), from making any investments in
such manner as to subject the corporation to tax under Section 4944 of the
Code, and from making any taxable expenditures (as defined in Section 4945(=
d)
of the Code.)
These Articles may be amended only by resolutio=
n of
the Board of Directors and the vote or written consent of members holding a=
75
percent majority of the voting power given either before or after adopting =
the
resolution.
IN WITNESS THEREOF, we have unto set our hands =
and seals this 19th day of May 1972.
Herbert H. Sihner, Donald J. Palmer, Wilbur E. =
Schut.