The undersigned, being persons of lawful age, and all residents of The State of New Hampshire, associate under the provisions of New Hampshire R.S.A Chapter 292, for the purpose of forming a corporation not for profit and by the following
Articles of Association
Article I
The name of this corporation shall be REDFIELD ESTATES ASSOCIATION.
Article II
The corporation does not contemplate pecuniary gain or profit, direct or indirect, to its members. The purpose for which it is formed are:
To provide a community water system and recreation area for the residents of Lots 1 through 98 inclusive as shown on a plan entitled, "Subdivision Plan of Land, Redfield Estates, Derry, N.H." dated June 2, 1978, by Thomas F. Moran, Inc., surveyors, civil engineers, land planners, and recorded as Plan No. D9867 in the Rockingham County Registry of Deeds, and such additional areas of land as may hereafter be brought within the jurisdiction of this corporation by annexation as provided in The Declaration of Covenants for Redfield Estates recorded in Rockingham County Registry of Deeds, hereafter referred to as "The Properties" and for this purpose to:
a. Own acquire, build, operate, and maintain wells, pump houses, storage tanks, piping and other incidental equipment necessary for the furnishing of water to the residents of the lots in The Properties, on areas hereinafter referred to as "the Common Properties", which shall mean and refer to Lot 99 on said Plan No. D9867 referred to above, and shall also mean and refer to such additional areas of land as may be later declared Common Properties subject to said Declaration of Covenants.
b. Own, acquire, build, operate and maintain recreation and conservation areas on The Common Properties including structures and personal property incident thereto as long as said areas, structures and personal property do not interfere with the primary purpose of furnishing water to the residents as set forth in paragraph a. above.
c. Own and maintain real estate including Lot 99 on said Plan No. D9867, and own, acquire and maintain such additional areas of land as may hereafter be brought within the jurisdiction of this corporation by annexation pursuant to a two-thirds (2/3) vote of its Class A members as provided in said Declaration of Covenants.
d. Fix assessments for charges to be levied against The Properties.
e. Enforce any and all covenants, restrictions, and agreements applicable to The Properties.
f. Pay taxes, if any, on The Common Properties and facilities.
g. Publish and enforce rules and regulations governing the rights and easements of the members in the Common Properties.
h. To merge or consolidate the Association with another association subject to said Declaration of Covenants.
i. Insofar as permitted by law, to do any other thing that, in the opinion of the Board of Directors, will promote the common benefit and enjoyment of the residents of The Properties.
Article III
There are no shares of any class of stock and membership is governed by said Declaration of Covenants.
Article IV
Dedication of The Common Properties or transfer of function is permitted only as authorized under said Declaration of Covenants.
Article V
The corporation shall exist perpetually.
Article VI
The corporation may be dissolved only with the assent given in writing and signed by the members entitled to cast two-thirds (2/3) of each class of its membership. Written notice of a proposal to dissolve, setting forth the reasons therefor and the disposition to be made of the assets (pursuant to Article VII hereof) shall be mailed to every member at least ninety (90) days in advance of any action taken.
Article VII
Upon dissolution of the corporation, the assets, both real and personal of the corporation, shall be dedicated to an appropriate public body, to be devoted to purposes as nearly as practicable the same as those to which they were required to be devoted by the corporation. In the event that such dedication is refused acceptance, such assets may be granted, conveyed and assigned to any non-profit corporation, association, trust or any other organization to be devoted to purposes as nearly practicable the same as those to which they were required to be devoted by the corporation. No such disposition of Association properties shall be effective to divest or diminish any right or title of any member vested in him under said Declaration of Covenants and deeds applicable to The Properties unless made in accordance with the provisions of such Covenants and deeds.
Article VIII
These articles may be amended in accordance with the law, provided that the voting and quorum requirements specified for any action under any provision of these Articles, shall apply also to any amendment of such provision, and provided further that no amendment shall be effective to impair or dilute any rights of members which are governed by said Declaration of Covenants, and provided further that no amendment shall be effective which shall provide that this Association shall be other than non-profit. Notwithstanding the above, no amendments shall be made in these articles in the first year of the corporation's existence except by a two-thirds (2/3) majority of all eligible voters and the prior approval of the Department of Housing and Urban Development.
Article IX
The place in which the business of this corporation is to be carried on is Derry, New Hampshire.
Article X
The names and addresses of the persons who are the original incorporators of this Corporation are as follows:
_X___________________ 14 Regency Drive, Bedford, N.H. 03102
_X___________________ 10 Woodbine Lane, Merrimack, N.H. 03054
_X___________________ 229 Webster Street, Hudson, N.H. 03051
_X___________________ Albert Street, Pelham, N.H. 03076
_X___________________ 31 Profile Lane, Merrimack, N.H. 03054
RECORDED, TOWN OF DERRY, CLERK ____________________ DATE: ______________________
