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Constitution
| The name of this organization
shall be "The Bayside Beach Association, Incorporated", a
non-profit, non-sectarian community organization. In the
event of dissolution of this organization, the Board of
Directors shall adopt a plan for the distribution of the assets
remaining after the payment of any outstanding debts.
The aims are to promote and
maintain the well-being of the Association; to supervise,
maintain, police and operate Bayside Beach and recreational
facilities for the benefit of the Association members. |
By-Laws
| Article I - Membership |
Section 1
Membership shall be limited
to owners, and land contract purchasers of any portion of
the following real property: (1) "Twin Beach Country Club" a
subdivision of part of the West 1/2 section 17, Town 2
North, Range 9 East, and part of the West 1/2 of the
Northwest 1/4 of Section 20, Town 2 North, Range 9 East,
West Bloomfield Township, Oakland County, Michigan,
according to the Plat thereof recorded in Liber 34, Page 21,
Oakland County Records. (2) "Twin Beach Golf and
Country Club", a subdivision of part of South 1/2 of Section
18, Town 2 North, Range 9 East, West Bloomfield Township,
Oakland County, Michigan, according to the Plat thereof
recorded in Liber 43, Page 16, Oakland County Records.
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Section 2
Any person, the owner of
the title to any lot lying within the real estate described
in Section 1, or purchaser upon land contract of any lot
lying within said real estate, shall be eligible for
membership in this Association subject to the terms and
conditions herein expressed, provided, however, that only
one membership shall be issued to any one individual
regardless of the number of lots owned by him. In the
event the purchaser on land contract shall be granted
membership in this Association, no membership shall be
issued to the seller on said land contract upon the same
lot(s).
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Section 3
Membership shall be
conferred as aforesaid upon written application submitted to
the Membership Secretary of this Association in
substantially the form hereinafter set forth or as modified
by a majority vote of the Board of Directors accompanied by
the payment of annual dues for the year in which application
is made and presentation of satisfactory evidence of title
or land contract purchaser's equity to the Membership
Secretary of this Association. Memberships are subject
to the approval of the Board of Directors of the
Association. The Board of Directors shall deny
membership to any applicant whose membership the Board feels
would adversely affect the health, safety or welfare of the
existing members of the Association.
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Section 4
Upon the transfer of a
member's entire interest in any lot for any reason, in which
membership in the Association insures, the transferee may
assume all rights of his transferor upon application for
membership to and acceptance by the Board, however, without
necessity for payment of any initiation fee upon compliance
with all the other provisions of these By-laws. Prior
owner must submit a written notice to the Board of Directors
stating that he transferred his membership to the new
property owner. In the event any member conveys only a
partial interest in said real estate the purchaser thereof
must make application to this Association as a new member.
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Section 5
The application shall be
substantially in the following form:
"I _____________,
desire to become a member of Bayside Beach Association,
Inc., a non-profit Michigan Corporation, and have
carefully read its Constitution, By-laws and
Regulations, and hereby agree to be governed by and to
abide by the same, and agree to further the purposes and
objective for which the Association was formed. I
(own)(am purchasing on land contract) Lot # _____, Block
# _____, of _________ Subdivision."
Signed
______________________________
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Section 6
A minimum deposit amounting
to one half of the initiation fee established for that year
shall be required prior to acceptance of membership.
Any persons becoming members after the beach closing of that
year shall have their annual dues prorated per month and
will be exempt from work hours for the reminder of that
fiscal year.
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Section 7
Any changes to the
initiation fees or annual dues shall be taken up and voted
upon at the annual January General Membership meeting.
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Section 8
Tenants of any portion of
the real property described in Section 1 shall be eligible
to become associate members. Associate members have
all privileges and obligations of members except:
- They shall not be
required to pay an initiation fee.
- They must pay double
the set annual dues assessments.
- They shall not be
entitled to any ownership interest in the assets of the
Association. Associate memberships shall not be
transferable.
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Section 9
The changes to the dues and
assessment fees shall be taken up and voted upon each year
at the annual January General Membership meeting. Dues
and assessments must be paid by 12:00 Noon May 15th of the
fiscal year. Any delinquent member will be given
written delinquency notice and if not cured within 14 days
will then be given notice that they have lost all rights to
beach and facilities including rights to vote until
arrangements have been made satisfactory to the President of
the Association.
Default will mean loss of
membership upon review of the Board of Directors. To
reestablish membership will require payment of dues,
assessments and initiation fees established for that fiscal
year.
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Section 10
- Any member shall be
subject to removal or suspension from the rolls of
members in good standing for failure to pay annual dues
or assessment duly made within the time provided for
such payment, for any violation of the Constitution,
By-laws and or duly adopted Rules and Regulations of
this Association, or for demonstrated actions which
threaten the health, safety or welfare of the existing
members or of the Association. Upon the
determination of a majority of the Board of Directors of
this Association of such violation or action at a
meeting duly called and held for that purpose of
considering suspension or removal, written notice shall
be served by registered or certified mail upon such
violating member, return receipt requested, advising
said member of the violations of which he is charged and
affording him an opportunity to appear at a designated
place and time, not sooner than ten(10) days after
mailing of said notice before the Board of Directors to
be heard and to present witnesses on his behalf, if any.
At said hearing the Board shall then, by majority vote
of the entire Board, determine its disposition which may
be to dismiss the matter, issue warning, levy fine,
suspend or remove the member.
- A $10.00 fine can be
assessed any member who continues to violate the
Constitution, By-laws and/or duly adopted Rules and
Regulations of this Association following receipt of
said letter of warning.
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Section 11
Guests shall be accompanied
in person by a member in good standing. Non-member
property owners or renters shall not be permitted as quests.
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| Article II - Officers |
Section 1
The officers of this
Association shall consist of President, Vice President,
General Secretary and Treasurer.
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Section 2 - President
The President shall preside
at all meetings and shall issue a call for regular and
special Board meetings. He shall see that committees
function and shall cooperate with committee chairmen.
He shall call for regular committee reports and shall be a
member of all committees exofficio. He shall present a
budget with expected expenditures for the year at the
January meeting for a membership vote.
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Section 3 - Vice President
If for any reason the
President shall be unable to perform his duties, the Vice
President shall occupy his position having the same
authority as President. Also, the Vice President shall
hold position of Elections Chairman and oversee any audit of
the Association's financial records.
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Section 4 - General Secretary
The General Secretary shall
record all votes and minutes of the proceedings of the Board
and the Association. He shall give, or cause to be
given, notice of all meetings of the Association. He
shall send the members highlights of the past membership
meetings and all Board of Directors meetings at least twice
per year. The General Secretary shall maintain
membership lists and membership application lists.
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Section 5 - Treasurer
The Treasurer shall receive
all monies due the Association and deposit same in an
insured financial institution and shall pay out money
allotted in the annual budget with the authorization of the
President. All monies to be spent, other than those
allotted in the annual budget, must be approved by the Board
of Directors. He shall send a bill in the Spring
Newsletter of dues and assessments due May 15th. He
shall prepare and submit a minimum of quarterly itemized
financial reports to the Board of Directors, and biannual
reports to the Association.
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| Article III - Board of Directors |
Section 1
The Board of Directors
shall consist of six (6) Directors. The Chairman shall
be elected by the Board of Directors each year at the first
meeting of the Board after general election results have
been obtained.
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Section 2
The duties of the Board of
Directors shall consist of the following:
- Shall have a quorum of
four regular members.
- Majority vote, for of
the six, of the Board of Directors shall govern the
Association.
- To act upon budgets
and any expenditures submitted by authorized committees.
- The Board of Directors
shall have the power to over-rule or modify the action
of any officer.
- It shall hold regular
meetings, at least quarterly, supplemented by special
meetings when necessary.
- It shall, in general,
act for the Association and on its behalf.
- If the Board of
Directors denies membership to an applicant for any
reason, it shall notify the membership by mail, and have
the President call a special meeting for membership
discussion, where the Directors will explain their
reasons for denial and ask for a new membership vote, by
mail. To overturn the Board's membership denial
will require a 75% vote with a 75% of membership ballot
return required.
- The Board of Directors
shall arrange in any amount they deem necessary the
bonding of Treasurer through an accredited Bonding
Company.
- The Board of Directors
must authorize any issue involving the well-being of the
Association.
- If it is necessary to
fill positions on the Board, they will be appointed by
the Board of Directors to serve for the reminder of the
term.
- The Alternate(s) will
be chosen as the Board of Directors election nominee who
received the next highest number of votes.
- If a Board member
misses three (3) consecutive Board meetings he shall be
dismissed unless he has a valid reason for not
attending.
- The Chairman shall act
as President of the Association in the event of the
absence of the President and Vice President.
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| Article IV - Elections |
- Nominations for each
office or open Board of Directors position(s) will be
taken at the July General Membership Meeting.
Nominations may be made from the floor at this meeting.
- The election of
Officers and Board of Directors shall be conducted by
mail ballots in August, to be returned within ten (10)
days, with Board of Directors and other interested
parties present at the counting.
- The term of office
shall be one (1) year for each officer and two (2) years
for each Board of Director. Terms of office for
officers and Board of Directors shall begin on October
1st and run through September 30.
- The person receiving a
majority of votes cast being declared elected.
- Both husband and wife
shall be allowed to vote.
- Children and associate
members are not allowed to vote.
- Only adult resident
property owners may be elected to office.
- In the event any
vacancy occurs, the Alternate will complete the term of
the vacancy. The position of Alternate will be
filled by the nominee who received the next highest
number of votes in the previous election. If no
such member exists, the Board of Directors will appoint
a successor to fill the vacancy until the next regular
election.
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| Article V - Membership Meeting Quorum |
A quorum shall consist of the
attending Association members in good standing, and all
matters raised from the floor shall be considered passed by
a majority vote of the attending members who vote.
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| Article VI - Meetings |
Regular Association membership
meetings shall be held twice per year - in January (annual
budget meeting) and July (election of officers and
directors).
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| Article VII - Amendments |
These By-laws may be amended
at any Association meeting by a two thirds vote of the
members present provided the amendment is presented first to
the Board of Directors for action, in writing thirty (30)
days prior to the general membership meeting.
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| Article VIII - Retired Members |
All retired members who have
been in good standing for at least five years or longer will
have to pay only the dues.
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| Article IX - Miscellaneous |
Section 1
In the event any Article or
Section of this Constitution or any portion thereof shall be
or become legally invalid or unenforceable, such invalidity
or unenforceability shall not effect or invalidate any other
Article or Section of this Constitution or any portion
thereof.
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Section 2
Whenever a masculine noun
or pronoun is used it shall include the feminine case as
well whenever such interpretation is consistent with sound
construction.
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April 28, 2008 |
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Website created by Mary White |
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