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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.

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).

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.

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.

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 ______________________________

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.

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.

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:

  1. They shall not be required to pay an initiation fee.
  2. They must pay double the set annual dues assessments.
  3. They shall not be entitled to any ownership interest in the assets of the Association.  Associate memberships shall not be transferable.
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.

Section 10
  1. 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.
  2. 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.
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.

Article II - Officers
Section 1

The officers of this Association shall consist of President, Vice President, General Secretary and Treasurer.

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.

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.

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.

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.

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.

Section 2

The duties of the Board of Directors shall consist of the following:

  1. Shall have a quorum of four regular members.
  2. Majority vote, for of the six, of the Board of Directors shall govern the Association.
  3. To act upon budgets and any expenditures submitted by authorized committees.
  4. The Board of Directors shall have the power to over-rule or modify the action of any officer.
  5. It shall hold regular meetings, at least quarterly, supplemented by special meetings when necessary.
  6. It shall, in general, act for the Association and on its behalf.
  7. 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.
  8. The Board of Directors shall arrange in any amount they deem necessary the bonding of Treasurer through an accredited Bonding Company.
  9. The Board of Directors must authorize any issue involving the well-being of the Association.
  10. 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.
  11. The Alternate(s) will be chosen as the Board of Directors election nominee who received the next highest number of votes.
  12. If a Board member misses three (3) consecutive Board meetings he shall be dismissed unless he has a valid reason for not attending.
  13. The Chairman shall act as President of the Association in the event of the absence of the President and Vice President.
Article IV - Elections
  1. 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.
  2. 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.
  3. 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.
  4. The person receiving a majority of votes cast being declared elected.
  5. Both husband and wife shall be allowed to vote.
  6. Children and associate members are not allowed to vote.
  7. Only adult resident property owners may be elected to office.
  8. 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.
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.
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).
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.
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.
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.

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.

April 28, 2008
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