Articles of Incorporation

This is a copy of the HOA's articles of incorporation, provided for the convenience of the membership. Where discrepancies exist, the official documents on BuildingLink will prevail.

ARTICLE I. NAME

The name of the corporation (hereinafter referred to as the “Corporation” or the "Association") is AXIS HOMEOWNERS ASSOCIATION. The corporation is an association formed to manage a common interest development under the Davis-Stirling Common Interest Development Act.

ARTICLE II. AGENT FOR SERVICE OF PROCESS

The name of the corporation’s initial agent for service of process is: Douglas Christison. The address of the initial agent of the corporation is: 5675 Sunol Boulevard, Suite 100, Pleasanton, CA 94566-7765.

ARTICLE III. BUSINESS ADDRESS & MANAGING AGENT

The name of the Association's managing agent is Doug Christison of Community Association Services, and the agent's address is 5675 Sunol Boulevard, Suite 100, Pleasanton, CA 94566-7765. The location of the corporation’s office, which is off-site is: 5675 Sunol Boulevard, Suite 100, Pleasanton, CA 94566-7765. The Manager is a certified Common Interest Development Manager pursuant to Section 11502 of the Business & Professions Code. The Common Interest Development is situated in the City of San Jose, County of Santa Clara, California, fronting on North Almaden Boulevard, nearest cross street Carlysle Street. The nine-digit Zip Code of the Common Interest Development is 95113-0000.

ARTICLE IV. PURPOSES OF THE ASSOCIATION

This corporation is a nonprofit mutual benefit corporation organized under the Nonprofit Mutual Benefit Corporation Law.

The purpose of this corporation is to engage in any lawful act or activity, other than credit union business, for which a corporation may be organized under such Law.

This corporation does not contemplate pecuniary gain or profit to the Members thereof, and the specific purpose of this corporation is to provide for management, administration, maintenance, preservation and architectural control of the residential Units and Common Area, and to promote the health, safety and welfare of all the residents within the property and any additions thereto as may hereafter be brought within the jurisdiction of this Association for this purpose, all according to that certain Declaration of Covenants, Conditions and Restrictions Establishing a Plan for Condominium Ownership, hereinafter called the "Declaration" recorded or to be recorded with respect to said property in the Office of the Recorder of Santa Clara County, as required by § 1352 of the California Civil Code.

Notwithstanding any of the above statements of purposes and powers, this corporation shall not, except to an insubstantial degree, engage in any activities or exercise any powers that are not in furtherance of the specific purpose of this corporation.

ARTICLE V. DISSOLUTION

This Association is intended to qualify as a homeowners' association under the applicable provisions of the Internal Revenue Code, and of the Revenue and Taxation Code of California. No part of the net earnings of this organization shall inure to the benefit of any private individual, except as expressly provided in those sections with respect to the acquisition, construction, or provision for management, maintenance, and care of the Association property, and other than by a rebate of excess membership dues, fees, or Assessments. So long as there is any Unit, or parcel for which the Association is obligated to provide management, maintenance, preservation or control, the Association shall not transfer all or substantially all of its assets or file a certificate of dissolution without the approval of one hundred percent (100%) of the Members. In the event of the dissolution, liquidation, or winding up of the Association, upon or after termination of the project, in accordance with provisions of the Declaration, its assets remaining after payment, or provision for payment, of all debts and liabilities of the Association, shall be divided among and distributed to the Members in accordance with their respective rights therein.

ARTICLE VI. AMENDMENTS

These Articles may be amended only by the affirmative vote of a majority of the Board, and by the affirmative vote (in person or by proxy) of Members representing a majority of the voting power of the Association and a majority of the votes of Members other than Declarant, or where the two (2) class voting structure is still in effect (as provided in the Bylaws), a majority of each class of membership. However, the percentage of voting power necessary to amend a specific clause or provision shall not be less than the prescribed percentage of affirmative votes required for action to be taken under that clause.