WIRE FRAUD ALERT THINK DIFFERENTLY
Email-based, real estate fraud schemes are on the rise. One common scenario is altering wiring instructions with the intention of rerouting funds.
Keeping this in mind, First American Title is changing the way we receive payment information. It is imperative that we are familiar with the people in our transactions.
RELYING ON EMAIL ALONE IS NO LONGER AN OPTION.
Fraudsters often use email to send falsified wire instructions to unsuspecting victims. Please warn your buyers and sellers to only follow wire instructions they receive personally from First American Title.
Additionally, we will not accept disbursement instructions for seller or buyer funds via email OR from any third party (attorney, real estate agent, etc).
ALTERNATIVE INSTRUCTIONS?
If your buyer or seller receives alternative wiring instructions that appear to be from First American Title, make sure they contact their escrow officer at a trusted phone number for confirmation.
Know that our wiring instructions do not change so any communication is suspect. Our banking institution is First American Trust.
IN SHORT – wire instructions will not be accepted by email. New wire instructions must be hand-carried or uploaded to the First American Secure Portal.
Thank you for joining First American Title in fostering a secure real estate transaction process. Have questions or concerns? Please contact our office or your escrow officer.
LIMITATION OF LIABILITY FOR INFORMATIONAL REPORTS
IMPORTANT -- PLEASE READ CAREFULLY:
This report is not an insured product or service or a representation of the condition of title to real property. It is not an abstract, legal opinion, opinion of title, title insurance commitment or preliminary report, or any form of Title Insurance or Guaranty. This report is issued exclusively for the benefit of the Applicant therefor and may not be used or relied upon by any other person. This report may not be reproduced in any manner without First Americans prior written consent. First American does not represent or warrant that the information herein is complete or free from error, and the information herein is provided without any warranties of any kind, as-is, and with all faults. As a material part of the consideration given in exchange for the issuance of this report, recipient agrees that First Americans sole liability for any loss or damage caused by an error or omission due to inaccurate information or negligence in preparing this report shall be limited to the fee charged for the report. Recipient accepts this report with this limitation and agrees that First American would not have issued this report but for the limitation of liability described above. First American makes no representation or warranty as to the legality or propriety of recipient's use of the information herein.
OF RANCHO TIERRA BLANCA PROPERTY OWNERS’ ASSOCIATION
ARTICLE I OFFICES AND CORPORATION SEAL
1. PRINCIPAL OFFICE. The corporation shall maintain its principal office in Pima County, in the State of Arizona.
2. OTHER OFFICES. The corporation shall not maintain any other office outside the State of Arizona.
3. CORPORATE SEAL. A corporate seal shall not be requisite to the validity of any instrument executed by or on behalf of the corporation.
ARTICLE II MEMBERS
1. MEMBERS’ MEETINGS. All annual meetings of all members, as directed by the Board of Directors of the corporation, shall be held at the well site 4573 N Sassy Dr. for the purpose of electing the Board of Directors and for the transaction of other business as may properly come before the meeting.
2. ANNUAL AND OR SPECIAL MEETING The annual meeting shall be held at the wellsite, 4573 N Sassy Dr. Ballots will be handed to the members at the beginning of the meeting for the Board of Directors vote. Homeowners must be present to vote. Ballots will be mailed to out-of-town members and mailed back in by a specified date. The vote to elect the Board of Directors shall be counted at the end of the meeting. And such other business as may properly be brought before the meeting that shall be transacted.
3. NOTICE OF ANNUAL MEETING/ELECTION. Written notice of the date the mail-in ballots are due and notice of the meeting stating place, date and hour of the meeting shall be given to each member not less than ten (10) days before the date of the meeting. Time and agenda of these meetings shall be posted in the monthly invoice.
4. LIST OF MEMBERS. The Secretary and/or the Treasurer of the corporation who has charge of membership list of the corporation shall prepare and print a list, at least ten (10) days before every meeting of shareholders, a complete list of the members entitled to vote at the meeting. Arranged in alphabetical order and showing the address and the number of certificates/shares owned by each member. Such a list shall be available, upon request to any member, for any purpose germane to the meeting for a period of at least ten (10) days prior to the meeting. The list shall also be produced and kept at the time and place of the meeting during the whole time thereof and may be inspected by any member present.
5. QUORUM. A quorum of members will be assumed, whether present or not, unless written objection to any business transaction, including the election of
the Board of Directors, are made by a more than a minority of (1%) of the voting membership at least three (3) days before the transaction of business is to occur. A majority of the Board of Directors shall constitute a quorum.
6. VOTING. The owner or owners of each water certificate/share shall be entitled to one (1) Vote, by mail or in person. Regardless of the number of names on the deed or other evidence of title. Eligibility to vote, the owner must be current on their water bill. No proxy vote shall be allowed.
ARTICLE III DIRECTORS
1. NUMBER. The number of directors which shall constitute the whole Board shall be not less than three (3) the President, Secretary and Treasurer. The directors shall be elected at the annual meeting. And each director elected shall hold office until his or her successor is elected in person and/or by mail.
2. COMPENSATION. Directors as such shall not receive any salary for their services. Further, no Director shall receive compensation for serving on the board of Rancho Tierra Blanca Property Owners Association in any other capacity.
3. VACANCIES. Vacancies and newly created directorships resulting from any increase in the authorized number of directors may be filled by the affirmative vote of a majority of the remaining directors then in office. Though less than a quorum, or by a sole remaining director, and the directors so chosen shall hold office until the next annual election and until their successors are duly elected, unless sooner displaced. If there are not directors in office, then an election of directors may be held in the manner provided by statute.
4. POWERS. The business and affairs of the corporation shall be managed by its Board of Directors, which may exercise all such powers of the corporation and do all such lawful acts.
5. BOARD MEETINGS. Meetings of the Board of Directors may be held without notice at such time and at such place as shall from time to time be determined by the board.
6. SPECIAL MEETINGS. Meetings of the Board may be called by the President or the Secretary on one (1) days’ notice to each director, either personally, by mail, by e-mail, or by phone.
ARTICLE IV OFFICERS
1. DESIGNATION OF TITLES. The officers of the corporation shall be chosen from the Board of Directors and there shall be a President, a Secretary, and a Treasurer. The Board of Directors may also choose additional undesignated board members to serve. Any number of offices, except the offices of President and Secretary, may be held by the same person. The members shall
choose the President, Secretary and Treasurer at the annual election of officers.
2. VACANCIES. A vacancy in any office because of death, resignation, removal, disqualification or otherwise may be filled by the Board of Directors at any time.
3. PRESIDENT. The President shall preside at all meetings of members and all meetings of the Board of Directors. He or she shall sign all deeds, conveyance, contracts and agreements, and all other instruments requiring execution on behalf of the corporation and shall act as operating and directing head of the corporation. Subject to policies established by the Board of Directors.
4. SECRETARY. The Secretary shall see that the minutes of all meetings of the Board of Directors and annual meetings of the members are kept. He or she shall give required notices of all meetings of the members or of the Board of Directors. He or she shall have charge of all the books and records of the corporation except the financial records, and in general shall perform all the duties incident to the office of secretary of a corporation and such other duties as may be assigned to him or her.
5. TREASURER. The Treasurer shall have general custody of all the funds and securities of the corporation except such as may be required by law to be deposited with any state official. He or she shall see to the deposit of funds of the corporation in such bank or banks as the Board of Directors may designate. Regular financial records shall be kept under his or her direction and supervision, and he or she shall render financial statements to the President, directors, and members at proper times. The treasurer shall oversee the preparation and filing of such reports, financial statements, and returns as may be required by law.
ARTICLE V ASSESSMENTS
1. The Board of Directors shall have the authority to levy assessments against the members for the operation and maintenance of Rancho Tierra Blanca Property Owners Association domestic water system as voted by the members on May 19, 1996.
ARTICLE VI MAINTAINING WELL
1. The Board of Directors shall have the authority to maintain and operate the domestic water system for the benefit of the members on a self-sustaining basis, without profit, but with reasonable provision for obsolescence, repair or replacement, depreciation, and causality. If the well were to go down the cost of repair would be equally divided among all certificate/share owners and monies would be payable via invoice within a 6-to-12-month period.
2. The Board of Directors may employ such full- or part-time Licensed contractor (water certified) or agents as may be required to maintain and operate the water system.
3. The Board of Directors shall have the power to raise or lower water rates upon approval of the members with water certificates/shares in accordance with these By-Laws.
4. The Board of Directors shall have the authority to adopt reasonable regulations for the use of the system, including but not limited to the power to terminate water availability to members for failure to pay their proportionate share of the cost of water system maintenance.
5. The Board of Directors shall have the authority to take legal action against any member for past due water payments and place a lien against the member’s property for failure to pay his or her proportionate share of the cost of water system maintenance or disconnection of service. Based on the cost of the third-party contractor.
6. The Board of Directors shall make recommendations to the members regarding changes in the water rate structures as needed to ensure that the water system is operated and maintained in accordance with these By-Laws.
7. The Board of Directors shall take legal action, if an illegal connection is observed by any additional human occupied units, the property owner will be penalized one-hundred dollars ($100) per day until the illegal connection is disconnected and a lien will be placed on the member’s property within thirty (30) days if the penalty is not paid within the thirty (30) days.
ARTICLE VII
LIMITED BOARD AUTHORITY
1. The Board of Directors shall have the authority only with respect to the domestic water system. The Board of Directors shall not have the power to enforce the Rancho Tierra Blanca Property Owners Association, Protective Covenants pursuant to the majority vote of the members on May 19, 1996, nor enforce any other policy unrelated to the domestic water system.
ARTICLE VIII
CHANGES IN BY-LAWS
1. These By-Laws may only be changed by a majority of the voting membership. Notice will be provided to the members of any proposed change(s) to the ByLaws at least ten (10) days before the amended By-Laws are to be recorded. A majority of members will be assumed to have approved any change or amendment to the By-Laws unless written objections are made by more than a minority (1%) of the voting membership at least three (3) days before the date specified in the notice regarding the date the amended By-Laws are to be recorded.
ARTICLE IX
DISSOLUTION
1. In case the Rancho Tierra Blanca Property Owners Association system is sold any money derived from the sale of the physical facilities shall be divided among the long-term certificate/shareholders. A long-term certificate/shareholder is defined as the current owner of the property and who must have owned the property for at least the previous ten (10) years and during which time water service was continually provided to the property. The purpose for selling would be if no one, i.e. certificate/share owner/s are willing to accept open position(s) of President, Recording Secretary and/or Treasurer. Ref Art IV #2 Vacancies. A vacancy in any office because of death, resignation, removal, disqualification or otherwise may be filled by the Board of Directors at any time.
ARTICLE X DOMESTIC WATER SERVICE
1. The provision of domestic water service by Rancho Tierra Blanca Property Owners Association shall be limited to a maximum of forty-five (45) domestic water service connections, each of which shall be restricted to the provisions of domestic water service to parcels or lots located within the boundaries of Rancho Tierra Blanca Property Owners Association.
2. Each water service connection will be based upon a water certificate/share originating from the original fifteen (15) plated parcels.
3. A water service connection shall be defined as one connection to one (1) residence. No other connections are permitted and are considered to be an illegal connection. A property with only one water certificate/share may connect only one (1) residence to the Rancho Tierra Blanca Property Owners Association domestic water system. Water certificates/shares are only transferable with the sale of the property to which the water share is connected. Commercial use of water certificate/shares is prohibited.
mdj 02/24 draft 7
02/25/1985
04/08/1985
10/17/1986
09/10/1992
Articles of incorporation of Rancho Tierra Blanca POA 51248 000983
State of Arizona – Office of the Corporation Commission Seq: 000091 2 Pages
Rancho Tierra Blanca POA Protective Covenants (originally recorded) Docket: 7892 Page: 463 - 3 pages Seq: 19862900182
Rancho Tierra Blanca POA Protective Covenants (re-recorded) Docket: 9373 Page: 260 – 3 pages Seq: 92132621
08/26/1993 Agreement between Dalinco & Rancho Tierra Blanca POA (recorded) Docket: 9614 Pages: 2423 – 6 pages Seq: 93144291
08/24/1998
Rancho Tierra Blanca POA – Amended By-Laws (recorded) Docket: 10866 Pages: 18- 2 pages Seq: 19981430007
06/13/2013 By-Laws of Rancho Tierra Blanca POA (recorded) Seq: 20131640326 Pages: 6
