Title 44, Chapter 3, Section 227
( 44-3-227)
(a) Prior to submission to this article, the association shall be
duly incorporated either as a business corporation under Chapter 2
of Title 14 or as a nonprofit membership corporation under Chapter 3
of Title 14, as amended. The corporate name of the association shall
include the word or words "homeowners," "property owners," or
"association" and shall otherwise comply with applicable laws
regarding corporate names. The articles of incorporation of the
association and the bylaws adopted by the association shall contain
provisions not inconsistent with applicable law including but not
limited to this article or with the declaration as may be required
by this article or by the declaration and as may be deemed
appropriate or desirable for the proper management and
administration of the association. The term "member" shall include
a shareholder in the event the association is a business corporation
or issues stock. Membership shall continue during the period of
ownership by such lot owner. (b) Prior to the first conveyance of a property owners' association
lot, the declarant shall cause the first board directors to be duly
appointed, the officers to be elected, and the organization of the
association to be effectuated. (c) True and correct copies of the articles of incorporation and
bylaws of the association and all amendments thereto shall be
maintained at the principal and the registered offices of the
association and at the sales office of the declarant so long as the
declarant has the right to control the association pursuant to the
instrument; and copies thereof shall be furnished to any lot owner
on request upon payment of a reasonable charge therefor. |