GENERAL BYLAWS OF
ADOPTED
AMENDED
AMENDED
AMENDED
AMENDED
AMENDED
AMENDED
AMENDED
ARTICLE I --
INCORPORATION
SEC.
1: NAME.
This Association, Incorporated under Michigan Public Act 137, 1929, as
amended, shall be known as Hi-Land Lake Property Owners Association, Inc.
SEC.
2: MEMBERSHIP. Any person being a freeholder of any lands
within
SEC.
3: PURPOSES. The Purposes of this Association shall be:
(1)
Maintain and repair private roads and bridges.
(2)
Augment maintenance of county roads.
(3)
Maintain lake weed control.
(4)
Detect sources of environmental pollution and inform proper authorities of
action.
(5)
Implement such programs and activities as will preserve and add to the beauty
of the area and the health, welfare, and safety of its members.
(6)
Exercise the corporate powers and jurisdiction as conferred by Michigan Public
Act 137, 1929, as amended.
SEC.
4: TRUSTEES. The Board of Trustees shall be composed of
nine members; three to serve for a term of one year, three for a term of two
years; and three for a term of three years. Trustees elected at subsequent
Annual Meetings shall be elected for a term of three years.
SEC.
5: TERM OF EXISTENCE. This shall be for thirty years unless
reincorporated as provided by state law.
(Date
of incorporation; February 8. 1992)
ARTICLE II --
ASSOCIATION
SEC.
1: GOVERNMENT. This Association shall be governed in
accordance with Michigan Public Act 137, 1929, as amended; these bylaws; and
Roberts Rules of Order, except when modified by local, state, or national laws,
rules, or regulations.
SEC.
2: ANNUAL MEETING. The Annual Meeting of
this Association shall be held in
SEC.
3: ELECTION. At each Annual Meeting there shall be elected
such number of Trustees as shall be necessary to fill the places of Trustees
whose terms of office then expire, and all other vacancies. Such elections shall be by ballot and choice
of Trustees shall be by a majority of all votes cast. Members may vote in person or by proxy filed
with the Secretary prior to the meeting. Each member shall be entitled to one vote.
SEC.
4: REPORTS. At each Annual Meeting the Trustees shall
make a report, in writing, of the management of the business of the
corporation, the condition of its property, its assets and liabilities, and
upon such other matters as may be proper and of general interest to the
members.
SEC.
5: SPECIAL MEETINGS. Special meetings of the Association shall be
called by a majority approval of the Board of Trustees; or by any officer of
the Association upon written petition of not less than fifteen members.
Proposals to be voted on shall be submitted to all members by mail ballot at
least twenty days prior to the meeting date, and shall include date, time and
place of such meeting. A majority vote of the members voting, by mail or in
person shall be required for approval of any proposal. Business transacted at
such meetings shall be limited to matters stated in me call therefore.
ARTICLE III --
TRUSTEES
SEC.
1: AUTHORITY. The Board of Trustees
shall have the management and control of all business and property, real and
personal, of the corporation and shall represent the corporation with full
power of authority to act for it in all things legal whatsoever, and subject
only to restrictions or limitations imposed by these bylaws or by a majority
vote of members voting, either by mail or in person, at any Annual or Special
Meeting. No Trustee shall receive
compensation for duties performed as such with the exception that a trustee may
be compensated for any task that would otherwise be done by and entity other
than a Trustee for compensation.
(A)
Definition: A Trustee is one who stands
in a fiduciary relation to the members of the
SEC.
2: ELECTION. Immediately following the election of
Trustees at the Annual Meeting, the Trustees so chosen shall elect by ballot a
President, Vice-President, Secretary, and Treasurer from their members, who
shall hold their offices for one year and until their successors shall be
elected and qualified. They shall
discharge the usual duties of such offices and such other duties as may be
prescribed by the bylaws and orders of the corporation. Two-thirds of the
members of the board shall constitute a quorum for the transaction of business,
and any vacancy in the board may be filled by the remaining members. Such appointee shall hold office until the
next annual meeting of the corporation.
SEC.
3: REGULAR MEETINGS. Meetings of the Board of Trustees shall be
open to the public and a schedule of regular meetings, stating day, date, time
and place shall be mailed to all members for the succeeding calendar year. Any
changes in such schedule shall be posted at the regularly scheduled meeting
place or business office 12 days prior to re-scheduled meetings. Trustees’
attendance at meetings is expected. Trustees missing 2 consecutive meetings can
be removed by the vote of a 2/3 majority of the remaining Board members.
SEC.
4: SPECIAL MEETINGS. Special meetings of the Board shall be called
by any Trustee after contacting all trustees at least 24 hours prior thereto
and obtaining approval therefore by two-thirds of the members thereof. The
date, time and place shall be posted at me regular scheduled meeting place or
business office 12 hours prior to such meeting.
Business transacted at such meeting shall be limited to matters stared
in the call therefore that cannot be postponed to the next regular meeting or
resolved by the authority of any standing committee, and any action taken must
be recorded and ratified at the next regularly scheduled meeting.
SEC.
5: SPECIAL BYLAWS. The Board of Trustees shall have the
authority to enact Special Bylaws, subject to repeal or modification by the
members at any regular or special meeting, calculated and designed to carry
into effect the jurisdiction over the lands owned by the corporation and its
members, in accordance with Sections 12-16, Michigan Public Act 137, 1929, as
amended.
SEC,
6: REMOVAL. Any Officer or Trustee may be removed by the
Board of Trustees whenever, in the judgment of two-thirds of the Board of
Trustees, the best interests of the Association will be served thereby.
ARTICLE IV --
OFFICERS
SEC.
1: PRESIDENT. The President shall preside at all meetings
of the Association and Board of Trustees and perform such other duties as
herein prescribed or directed. The President shall be bonded at Association
expense.
SEC.
2: VICE-PRESIDENT. The Vice-President shall perform duties of
the President in his absence and such other duties as herein prescribed or
directed. The Vice-President shall be bonded at Association expense.
SEC.
3: SECRETARY. The Secretary, as Resident Agent of the
Corporation, whose address shall be the business office thereof, shall keep a
record of all transactions including:
(1)
Communications sent and received.
(2)
Itemized account of revenues received and turned over to the Treasurer
(3)
Record the proceedings of all meetings of the Association.
(4)
Keep a register of its members.
(5)
Perform such other duties as herein prescribed or directed.
SEC.
4: TREASURER. The Treasurer shall have custody of all money
and securities of the corporation and:
(1)
Co-sign all checks bearing the signature of the President or Vice-President.
(2)
Keep the books ready for audit.
(3)
Prepare a monthly report showing receipts, expenditures, and balance in all
funds.
(4)
Location and amount of deferred assents to be read at the next regular meeting
of the Board and Incorporated into the minutes thereof.
(5)
Perform such other duties as prescribed herein or directed.
Any
disbursement over $150.00 shall require approval of the Board of Trustees. This approval may be acquired by e-mail
request and response, or otherwise, as a majority of the Board of Trustees
agrees to. All funds and securities shall
be deposited in a bank or loan association approved by the Board, in the name
of the Association. Accounts of the
Treasurer shall be audited annually for the fiscal year and at least 20 days
prior to the date of the Annual meeting for a report thereto. The Treasurer
shall be bonded at Association expense.
ARTICLE
V--COMMITTEES
SEC.
1: ADMINISTRATION. There shall be an Administration Committee
composed of the President, Vice-President, Secretary, and Treasurer responsible
for all maters pertaining thereto. The Committee's recommend-ations to the
Board for approval may include the appointment of an administrative Secretary.
SEC.
2: IMPROVEMENTS. There shall be an
improvements Committee composed of three Trustees responsible for all matters
pertaining thereto, including lakes, roads, buildings, and grounds. The Committee's recommend-ations to the Board
for approval may include the appointment of an Improvements Director.
SEC.
3: COMMUNlTY RELATIONS. There shall be a Community Relations Committee
composed of three Trustees responsible for all matters pertaining thereto,
including health, welfare, safety, bylaws, auditing, nomin-ating, communication
and recreation. The Committee's
recommendation to the Board for approval may include the appointment of a
community Relations Director.
SEC.
4: PROCEDURES. A Trustee must be the Chairman of any
Standing Committee and responsible to the Board for the function thereof. Sub-Committees may be appointed by such
chairmen with approval of the Board. A written
report or minutes shall be required from all sub-committees, to be submitted to
the Trustee by whom appointed.
ARTICLE VI --
FINANCE
SEC.
1: AUTHORITY. The Corporation may assess annual dues and
special assessments against its members, by a vote of a majority thereof, for
the purpose of carrying into effect any of the powers herein contained and may
prescribe the time and manner of payment and manner of collection. In case of delinquencies may provide that
such dues and assessments shall become a lien upon the land of the delinquent
member and may provide the manner and method of enforcing such lien. (MPA 137,
S19)
SEC.
2: DUES AND ASSESSMENTS. Annual dues shall be assessed as follows:
(1)
Improved Lot (
(2)
Unimproved
(3)
Dues
for any given year are due and payable within 30 days of the date that dues
notices are mailed. The due date will be
included in the dues notice. Any member
whose dues or assessments have not been paid on or before the due date shall be
penalized an additional 10% per year on all unpaid dues, assessments,
penalties, liens and filing fees, and these shall become a lien upon the lot or
property on which they are assessed.
SEC.
3: PROPERTY, ACQUISITION,
DISPOSITION. This corporation may
acquire by purchase, devise, or gift any, such real and personal property as it
may desire for the purposes herein contained.
The Trustees of this corporation,
when thereunto authorized, by a majority vote of the members voting thereon at
any annual meeting, or special meeting called expressly for that purpose, by a
general bylaw, adopted and recorded, may sell, mortgage, give, grant, convey
and lease said kinds or any part therefor, upon such terms and restrictions as
may be deemed advisable.
SEC.
4: FISCAL YEAR. The fiscal year of the corporation shall
commence on January 1, and continue through December 31 of the same year. An outline of all minutes of the Association
meetings, Annual, Special, and Board, stating date, time, place, attendance,
motions, itemized receipts and expenditures, shall submitted in writing to all
members for each three month period of the fiscal year.
SEC.
5: REWARDS. In order to promote the well being of our
community, the Association shall offer payment of a cash reward to any person
or persons who offer information which directly leads to the arrest and
conviction of any person or persons who commits a criminal act against the
person or property of a member of this Association. The Board of Trustees shall
establish the cash amount of each reward, as deemed appropriate to the act, not
to exceed the sum of $1000.00.
ARTICLE VII --
AMENDMENTS
SEC.
1: GENERAL BYLAWS. One or more member(s) shall file with the
Secretary proposed amendment(s) in writing. The Secretary shall submit same in
original form to the Board of Trustees at their next regular meeting for
consideration and recommendations as to legality, advisability and form. Such recommendations, together with original
proposed amendment(s), shall be submitted in ballot form to the members by mail
20 days prior to the next Annual or Special Meeting. A majority of the members voting shall be
required for adoption.
SEC.
2. ARTICLES OF INCORPORATION. Amendments thereto shall be in accordance
with
Public
Act 154, Sec. 43, 1970.
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All
previous General Bylaws are repealed upon adoption of the foregoing revision of
the General Bylaws.