1.1 Principal Office
1.2 Fiscal Year
2. MEETINGS OF MEMBERS AND VOTING
2.1 Annual Meeting
2.2 Special Meetings
2.3 Notice of Annual Meeting
2.4 Notice of Special Meetings
2.5 Notice of Budget Meeting
2.6 Notice of Meeting to Consider Excessive Budget
2.7 Notice of Meeting to Consider Recall of Board Member
2.8 Notice of Meetings to Elect Directors
2.11 Membership-Designation of Voting Member
2.12 Proxies; Powers of Attorney
2.13 Adjourned Meetings
2.14 Waiver of Notice
2.15 Action by Members without a Meeting
2.16 Minutes of Meetings
2.17 Order of Business
2.18 Actions Specifically Requiring Owner Approval
3 . DIRECTORS
3.1 Number and qualifications
3.2 Election of Directors
3.5 5 Removal
3.7 Organizational Meeting
3.8 Regular Meetings
3.9 Special Meetings
3.10 Waiver of Notice
3.12 Adjourned Meetings
3.13 No Proxy
3.14 Presumed Assent
3.15 Joinder in Meeting by Approval of Minutes
3.16 Attendance by Conference Telephone
3.17 Meetings Open to Members
3.18 Presiding Officer
3.19 Minutes of Meetings
3.20 Executive Committee
3.22 Order of Business
3.23 Election of Directors by Owners
4. POWERS AND DUTIES OF THE BOARD OFDIRECTORS
4.1 Maintenance, Management and Operation of tho Property
4.2 Contract Sue, or be Sued
4.3 Make and Collect Assessments
4.4 Lease, Maintain, Repair, and Replace the Association Property
4.5 Lien and Foreclosure for Unpaid Assessments
4.7 Grant or Modify Easements
4.8 Purchase Land or Recreation Lease
4.9 Acquire Use Interest in Recreational Facilities
4.10 Acquire Title to Property
4.11 Adopt Rules and Regulations
4.12 Maintain Official Records
4.13 Obtain Insurance
4.14 Furnish Annual Financial Reports to Members
4.15 Give Notice ofLiability Exposure
4.16 Provide Certificate of Unpaid Assessment
4.17 Approve or Disapprove Parcel Transfer and Impose Fee
4.18 Contract for Operatio Maintenance, and Management
4.19 Pay Taxes or Assessments Against the Common Areas or
4.20 Pay Costs of Utilities Service Rendered to the Association
4.21 Employ Personnel
4.22 Impose Fines
4.23 Suspend Approval for Delinquent Owner
4.24 Authorize Private Use of the Common Areas
4.25 Repair or Reconstruct Improvements After Casualties
5.1 1 Executive Officers
5.3 Vice President
5.4 Secretary and Assistant Secretary
6 FISCAL MANAGEMENT
6.1 Board Adoption of Budget
6.2 Budget Requirements
6.3 Notice of Budget Meeting
6.4 Member Rejection of Excessive Budget
6.5 Alternative Budget Adoption by Members
6.6 Accounting Records and Reports
6.8 Fidelity Bonding
ASSESSMENTS AND COLLECTION 14
7.1 Assess.me Generally
7.2 Special Assessment
8 . ASSOCIATION CONTRACTS, GENERALLY
8.1 Fair and Reasonable; Cancellation
15.1 Board May Adopt
15 .2 Posting and Furnishing Copies
15.3 Reasonableness Test
15 RESTRICTIONS ON AND REQUIREMENTS FOR USE, MAINTENANCE, AND APPEARANCE Of' PROPERTY
15.1 Where Contained
15.2 Tests for Validity of Restrictions
16. PRIORITIES IN CASE OF CONFLICT
18. DEFECTIVE DOCUMENTS CURATIVE PROVISIONS
21. FAIR HOUSING
MOORE HAVEN YACHT CLUB. HOMEOWNER'S ASSOCIATION, INC. Bylaws of MOORE HAVEN YACHT CLUB HOMEOWNER'S ASSOCIATION, INC.,-a corporationnot for profit under the laws of the State of Florida ("t he Association"); organized for the purpose of governance of that certain recreational vehicle and modular home park located in Glades County, Florida, and known as Moore Haven Yacht Club ("MHYC").
1.2. Principal Office. The principal office of the Association shall be at the property ("the· Property"), or at such other place as may be designated by the Board of Directors.
1.3. Fiscal Year. The fiscal year of the Association shall be the calendar ye_ar.
1.4. Seal. The seal of the Association shall bear the name of the corporation, the word " Florida," the words "Corporation Not for Profit" and the year of incorporation.
For convenience, these Bylaws shall be referred to as "the Bylaws" and the Articles of Incorporation of the Association as "the Articles".
MEETINGS OF MEMBERS AND VOTING
2.1 Annual Meeting.
The annual meeting of the members shall be held on the date and at the place and time determined by the Board of Directors from time to time, provided that there sha ll be an annual meeting every calendar year and no later than 13 mont hs after the last annual meeting. The purpose of the meeting shall be to elect Directors and to transact any other business authorized to be transacted by the members .
Meetings. Special meetings of the members shall be held at such places as provided for annual meetings and may be called by the President or by a majority of the Board of Directors of the Association, and must be called by the President or Secretary on receipt of a written request from at least 1/4 of the voting interests of the Association. Requests for a meeting by the members shall state the purpose for the meeting. Business conducted at any special meeting shall be limited to the matters stated in the notice for the meeting.
2.3. Notice of Annual Meeting.
Written notice of the annual meeting shail be mailed or hand delivered to each Owner at least 14 days and ·not more than 60 days before the annual meeting . A copy of the notice shall be posted in a conspicuous place on the Property at least 14 continuous days before the annual meeting . An officer of the Association shall provide an Affidavit or United States Post Office Certificate of Mailing, to be included in the official records of the Association, affirming that notices of the_ Association meeting were mailed or hand delivered to each owner at the address last furnished to the association owners may waive notice of the annual meeting.
DC1 Joe Flint,Glades Counyt 8:239P:1013
2.4. Notice of Special Meetings, Generally. Except as modified by the specific requirements for special kinds of members' generally shall be in writing, state the place, day and hour of the meeting, and state the purpose or purposes for which the meeting is called. The notice shall be delivered to each Owner not less than 10 nor more than 60 days before the date of the meeting, either personally or by first class mail, by or at the direction of the President, the Secretary, or the Officer or persons calling the meeting. If mailed, the notice shall be considered delivered when deposited in the United States mail addressed to the Owner at the address that appears in the records of the Association, with postage prepaid. Payment of postage for notice of any special meeting, by whoever called, shall be an obligation of the Association.
2.5 Notice of Budget Meeting. The Board of Directors shall mail or hand deliver to each Owner at the address last furnished to the association a notice and a copy of the proposed annual budget not less than 14 days before the meeting at which the Board will consider the budget.
2.6. Notice of Meeting to Consider Excessive Budget. If a budget adopted by the Board of Directors requires assessment against the Owners for any calendar year exceeding 115% of the assessment for the preceding year the Board, on written application of 10% of the voting interests to the Board shall call a special meeting of the Owners within 30 days, on not less than I0 days' written notice to each Owner.
2.7. Notice of Meeting to Consider Recall of Board Members. A special meeting of the Owners to recall a member or members of the Board of Directors may be called by 10% of the voting interests giving notice of the meeting as required for a meeting of Owners , stating the purpose of the meeting. The notice must be accompanied by a dated copy of a signature list of at least I0% of the Owners. The meeting shall be held not less than 10 days nor more than 60 days from the date the notice of the meeting is given.
2.8. Quorum. A quorum at meetings of members shall consist of persons entitled to exercise, either in person or by proxy, a majority of the voting interests of the entire membership.
a. Number of Votes. In any meeting of members, each shall have one voting interest per lot of ownership. The vote is not divisible.
b. Majority. Vote. The acts approved by a majority of the voting interests present in person or by proxy at a meeting at which a quorum is present shall be
binding on all Owners for all purposes unless the Act, the Declaration, the Articles, or these Bylaws require a larger percentage, in which case that larger percentage shall control.
2.10. Membership-Designation of Voting· Member. Persons or entities shall become members of the Association on the acquisition of fee title. Membership shall be terminated when a person or entity no longer owns a parcel. If a parcel is owned by more than one natural person (other than a husband and wife), or a corporation, partnership, or other artificial entity, the voteing interest of that parcel shall be exercised only by the natural person named in a voting certificate signed by all the natural persons who are owners or by the chief executive officer of the artificial entity and filed with the Secretary of the Association in its official records.
2.11 Proxies: Powers of Attorney. Voting interests may be exercised in person or by proxy. Each proxy shall set forth specifically the name of the person voting by proxy, the name of the person authorized to vote the proxy for him or her, and the date the proxy was given. Each proxy shall contain the date, time, and place of the meeting for which the proxy is given. If the proxy is a limited proxy, it shall set forth those items that the holder of the proxy may vote and the manner in which the vote is to be cast. The proxy shall be effective only for the specific meeting for which originally given and any lawfully adjourned meetings. No proxy shall be valid for more than 90 days after the date of the first meeting for which it was given, and may be revoked at any time at the pleasure of the Owner executing it. The proxy shall be signed by the Owner or by the designated person mentioned in section 2.10 or the duly authorized attorney-in fact of that person or entity (provided the power of attorney is filed with the Secretary of the Association). The proxy shall be filed with the Secretary before or at the meeting for which the proxy is given One holding a power of attorney from an Owner properly executed and granting the authority may exercise the voting interest of that parcel. If the proxy expressly provides, any proxy holder may appoint in writing, a substitute to act in his or her place . If this provision is not made, substitution is not authorized.
2.12. Adjourned Meetings.
If any meeting of members cannot be organized because a quorum is not present, the members who are present, either in person or by proxy, may adjourn the meeting from time to time until a quorum is present; except that when meetings have been called to consider the enactment of budget to replace a proposed budget that exceeds 115% of the assessments for the preceding year, the meetings may not be adjourned for lack of a quorum and if a quorum is not present the excessive budget shall go into effect as scheduled. The time and place to which the meeting is adjourned shall be announced at the meeting at which the adjournment is taken and a notice shall be posted in a conspicuous place on the Property as soon thereafter as may be practical stating the time and place to which the meeting is adjourned.
2.13. Waiver of Notice.
Owners may waive their right to receive notice of any meeting, whether annual or special, by a writing signed by them to that effect. The waiver shall be filed with the Secretary of the Association before, at, or after the meeting fo which the waiver is given.
2.14. Action by Members Without a Meeting.
Owners may take action by written agreement without a meeting, provided written notice is given to the Owners in the manner prescribed elsewhere i these Bylaws appropriate to the subject matter to be agreed on, unless that notice is waived as provided in these Bylaws. The decision of a majority of the Owners shall be binding on the membership. The notice shall set forth a time period within which the members must make responses, and responses received after that shall not be considered.
2.15. Minutes of Meeting.
The minutes of all meetings of Owners shall be kept in a book open to inspection at all reasonable times by any Association member, any authorized representative of the member, and Board members. The minutes shall be retained by the Association for a period of not less than five years. Association members and their authorized representatives shall have the right to make or obtain copies at the reasonable expense, if any, of the Association member.
2.16. Order of Business.
The order of business at annual meetings of members and, as far as practical, at other members meetings, shall be:
a. Call to order.
b. Election of a chairman of the meeting, unless the President or Vice President is present in which case he or she shall preside.
c. Calling of the roll, certifying of proxies, determination of a quorum.
d. Proof of notice of meeting or waiver of notice.
e. Reading and disposal of any unapproved minutes.
f Reports of Officers.
g. Reports of committees.
h. Appointment of inspectors of election.
i. Determination of number of Directors.
J. Election of Directors.
k. Unfinished business.
l. New business.
2.17 Actions Specifically Requiring Owner Approval.
The following actions require approval by the Owners and may not be taken by the Board of Directors acting alone:
a. Amendments to Articles of Incorporation.
b. Purchase of land or recreational ease.
c. Exercise of option to purchase recreational or other commonly used facilities lease.
d. Providing no reserves, or less than adequate reserves.
e. Recall of members of Board of Directors.
f. Other matters contained in the Declaration, the Articles, or these Bylaws that specifically require a vote of the members.
3.1. Number and Qualifications.
The affairs of the Association shall be managed by the Board of Directors. The Board of Directors shall be composed of any odd number of Directors that the Board of Dire¢tors may decide . The
number of Directors, however, shall never be less than three. Directors must be either Owners, officers of a corporate Owner or partners of a partnership Owner. No Director shall continue to serve on the Board after ceasing to meet those requirements.
3.2. Election of Directors. Directors shall be elected at the annual meeting in the following manner:
The Board of Directors shall be elected by written ballot.
Proxies shall not be used to elect the Board of Directors, either in general elections or elections to fill vacancies caused by recall, resignation, or other wise, unless the Owners by affirmative vote approve the use of proxies for that purpose.
The Association shall mail or deliver, whether separately or included in other mailings, a first notice of the scheduled election. The Association shall mail or deliver to the Owners at the addresses listed in the official records of the association a second notice of the election, ballot and any information sheets timely submitted by the candidates no less than 30 days prior to the scheduled election. The second notice and accompanying documents shall not contain any communication from the Board that endorses, disapproves, or otherwise comments on any candidate.
3.3. Term. Each Director's term of service shall extend 2 years and until his or her successor is duly elected and qualified or until he or she is removed in the manner provided in section 3.5. However, at any annual meeting in order to provide a continuity of experience, the members may vote to create classes of directorship having a term of one, two, or three years so that a system of
staggered terms will be initiated.
Except for vacancies resulting from removal of Directors by
members, vacancies in the Board of Directors occurring between annual -
meetings of members shall be filled by majority vote of the remaining Directors.
Any Director elected to fill a vacancy shall hold office only until the next
election of directors by the members, irrespective of the length of the remaining
term of vacting director
Any Director may be recalled and removed from office with or without cause by the affirmative vote or agreement in writing of a majority of all voting interests. A special meeting of the Owners may be called for this purpose by10% of the voting interests on giving notice of the meeting as required in these Bylaws. The notice shall state the purpose of the special meeting. The members of the Association at the same meeting shall fill any vacancy on the Board of Directors thus created. No Director shall continue to serve on the Board if, during the Board member's term of office, the Board member's membership in the Association is terminated for any reason.
Any Director may resign at any time by sending or personally delivering a written notice of resignation to the Association, addressed to the Secretary. The resignation shall take effect on receipt of the notice by the Association, unless it states some fixed date in the resignation and then from the date so fixed. Acceptance of a resignation shall not be required to make it effective.
3.7. Organizational Meeting.
The organitional meeting of a newly elected Board of Directors shall be held within 10 days of the election at a place and time that shall be fixed by the Directors at the meeting at which they were elected and without further notice except notice to Owners required by F.S. 718.112 (2) (c). The Board of Directors may meet immediately following the meeting at which they are elected for the purpose of electing officers and changing banking resolutions without further notice, except for an announcement at the Owners' meeting.
3.8. Regular Meetings.
The Board of Directors may establish a schedule of regular meetings to be held at a time and place, as a majority of them shall determine from time to time. Notice of regular meetings, however, shall be given to each Director personally or by mail, telephone, or telegraph at least three days before the day named for the meeting with the notice of each meeting posted conspicuously on the property at least 48 continuous hours before the meeting, except in an emergency.
3.9. Special Meetings:
Special meetings of the Board of Directors may be called by the President and, in his or her absence, by the Vice President and must be called by the Secretary at the written request of one third of the directors.
Notice of the meeting shall be ven personally or by mail, telephone, or telegraph. The notice shall state the time, place, and purpose of the meeting and shall be. transmitted not less than three days before the meeting. A copy of the notice of any special meeting shall be posted conspicuously on the property at least 48 continuous hours befor the meeting, except in an emergency.
3.10. Waiver of Notice.
Any Director may waive notice of a meeting before, at, or after the meeting and that waiver shall be considered equivalent to the giving of notice. Attendance by any Director at a meeting shall constitute a waiver of notice of the meeting, except when the Director's attendance is for the express purpose of objecting at the beginning of the meeting to. the transaction of business because the meeting is not lawfully called.
A quorum at the meetings of the Directors shall consist of a majority of the entire Board of Directors. The acts approved by a majority of those present at a meeting at which a quorum is present shall constitute the acts of the Board of Directors except when approval by a greater number of Directors is required by the Declaration, the Articles, or these Bylaws.
3.12. Adjourned Meetings.
If there is less than a quorum present at any meeting of the Board of Directors, the majority of those present may adjourn the meeting until a quorum is present. At any adjourned meeting, any business that might have been transacted at the meeting originally called may be transacted without further notice.
3.13. No Proxy.
There shall be no voting by proxy at any meeting of the Board of Directors.
3.14. Presumed Assent.
A director present at any Board meeting at which action on any corporate matter is taken shall be presumed to have assented to the action taken unless he or she votes against the action or abstains from voting because of an asserted conflict of interest.
3.15. Joinder in Meeting by Approval of Minutes.
A Director may join in the action of a meeting by signing and concurring in the minutes of that meeting. That concurrence, however, shall not constitute the presence of that Director for the purpose of determining a quorum.
3.16. Attendance by Conference Telephone.
When telephone conference is used, a telephone speaker shall be attached so that the discussion may be heard by the Board members and by any Owners present in an open meet ing. Board members utilizing telephone conference calls may be counted toward obtaining a quorum and may vote over the
3.17. Meetings Open to Members.
Meetings of the Board of Directors shall be open to all Owners to attend, observe, and speak with reference to all designated agenda items. Notice of any meeting in which assessments against Owners are to be considered for any reason shall specifically contain a statement that assessments will be considered and set out the nature of the assessments.
3.18. Presiding Officer.
The presiding Officer at Board meetings shall be the President or, in his or her absence, the Vice President, and in his or her absence, the Directors present shall designate any one of their number to preside.
3.19. Minutes of Meetings.
The minutes of all meetings of the Board of Directors shall be kept in a book open to inspection by any Association member or the authorized representative of the member and Board members at all reasonable time. The Association shall retain these minutes for a period of no less than five years. Association members and their authorized representatives shall have the right to make or obtain copies, at the reasonable expense, if any, of the Association member. ·
3.20. Executive Committee.
The Board of Directors, by resolution may appoint an executive committee to consist of three or more members of the Board. The executive committee shall have and may exercise all of the powers of the Board in the management of the business and affairs of the Property during the intervals between the meetings of the Board insofar as may be permitted by law.
Directors shall serve without pay but shall be entitled to reimbursement for expense's reasonably incurred in the discharge of their duties.
3.22.Order of Business.
The order of business at meetings of Directors shall be:
a. Calling of roll.
b. Proof of notice of meeting or waiver of notice.
c. Reading and disposal of any unapproved minutes.
d. Reports of Officers and committees.
e. Unfinished business.
f. New business.
3.23. Election of Directors by Owners. Owners are entitled to elect a member or members of the Board of Directors of the Association.
ALL OF THE POWERS AND DUTIES OF THE association existing under the Articles, and these Bylaws shall-be exercised exclusively by the Board of Directors or its duly authorized agents; contractors, or employees, subject only to the approval by Owners when that approval specifically is required. The powers and duties of the Board shall include, but shall not be limited to, the following:
4.1. Maintenance. Management, and Operation of the Property.
4.2. Sue, or be Sued.
The Association may institute, maintain, settle, or appeal actions or hearings in its name on behalf of all Owners concerning matters of common interest, including but not limited to the commonly-used facilities.
Make and Collect Assessments.
Lease, Maintain, Repair, and Replace Association Property.
4.5. LIEN AND FORCLOSURE FOR UNPAID ASSESSMENTS. THE ASSOCIATION HAS A LEIN ON EACH PARCEL FOR ANY UNPAID ASSESSMENTS WITH INTEREST AND FOR REASONABLE ATTORNEY' FEES, COSTS, AND EXPENSES INCURRED IN THE COLLECTION OF THE ASSESSMENT OR ENFORCEMENT OF THE LIEN. IT ALSO HAS THE POWER TO PURCHASE THE PARCEL AT THE FORCLOSURE SALE AND TO HOLD, LEASE, MORTGAGE, OR CONVEY IT.
In addition to its right to purchase parcels at a lien foreclosure sale, the Association generally has the power to purchase other parcels and to hold, lease, mortgage and convey them.
4.7 Grantor Modify Easements.
The Association, without the joinder of any Owner, may grant, modify, or move any easement if the easement constitutes part of or crosses common elements.
4.8 Purchase Land or Recreation Lease . Any land or recreation lease may be purchased by the Association on the approval of 67% of the voting interests of the Association.
4.9 Acquire Use Interest in Recreational Facilities.
The Association may enter into agreements, acquire lea seholds, memberships , and other possessory or
-- use interest in lands or facilities, such as country clubs, golf courses, marinas,
and other recreational facilities, whether contiguous to the Property or not if (1) they are intended to provide enjoyment recreation,. or other use or benefits to the
owners and (2) if they exist or are created at the time these bylaws are initially adopted.
4.10.. Acquire Title to Property.
The Association has the power to acquire title to property or otherwise hold property for the use and benefit of its members.
4.11. Adopt Rules and Regulations.
The Association may adopt reasonable rules and regulations for the operation and use of the common areas and recreational facilities serving the property.
4.12. Maintain Official Records.
The Association shall maintain all of the records, when applicable, set forth in Article IX of these Bylaws, which shall constitute the official records of the Association.
4.13. · Obtain Insurance. The Association shall use its best efforts to obtain and
maintain adequate insurance to protect the Association and the Association Property.
4.14. Furnish Annual Financial Reports to Members.
4.15. Give Notice of Liability Exposure. If the Association may be exposed to liability in excess of insurance coverage in any legal action, it shall give notice of the exposure to all Owners, who shall have the right to intervene and defend.
4.16. Provide Certificate of Unpaid Assessment. Any Owner or parcel mortgagee has the right to request from the Association a certificate stating all assessments and other monies owed to the Association with respect to the parcel.
4.17. Approve or Disapprove Parcel Transfer and Impose Fee. The Association may charge a preset fee of up to $100 in connection with the approval or disapproval of any proposed mortgage, lease, sublease, sale, or other transfer of a parcel.
4.18. Contract for Operation, Maintenance, and Management of the Property.
4.19. Pay Taxes or Assessments Against the Common Areas or Association Property.
4.20. Pay Costs of Utilities Service Rendered to the Associat io n Property and Not Billed Directly to Individual Owners.
4.21. Employ Personnel. The Association may employ and dismiss personnel as necessary for the maintenance and operation of the Property and may retain those professional services that re required for those purposes.
4.22. Impose Fines
The Board of Directors may impose fines on Owners in reasonable sums as the Board may deem appropriate, not to exceed $50 for
violations of the Restrictive Covenants, these Bylaws, or lawfully adopted rules and regulations, by Owners,. their guests, invitees, or tenants.
4.23. Suspend Approval for Delinquent Owner.
The Board of Directors may disapprove the prospective tenant of any Owner as long as the Owner is delinquent in the payment of assessments for Common Expenses.
4.24. Authorize Private Use of the Common Areas.
The Board of Directors may authorize Owners or others to use portions of the Common areas, such as social rooms and meetings rooms, for private parties and gatherings. Reasonable charges may be i 9sed provided a rental agreement is entered into between the
Associatioin and the owner.
4.25. Repair or Reconstruct Improvements After Casualties.
5.1. Executive Officers.
The executive Officers of the Association shall be a President, who shall be a Director, a Vice President, who shall be a Director, a Treasurer, a Secretary, and an Assistant Secretary. The Officers shall be elected annually by the Board of Directors and may be removed without cause at any meeting by a vote of a majority of all of the Directors. A person may hold more than one office except that the President may not also be the Secretary or Assistant Secretary. No person shall sign an instrument nor perform an act in the capacity of more than one office. The Board of Directors from time to time shall elect other Officers and designate their powers and duties, as the Board shall find to be required to manage the affairs of the Association.
The President shall be the chief executive Officer of the Association. He or she shall have all of the powers and duties that usually are vested in the office of President of an association, including but not limited to the power to appoint committees from among the members to assist in the conduct of the affairs of the Association as he or she may determine appropriate. The President shall preside at all meetings of the Board.
5.3. Vice President.
The Vice President shall exercise the powers and perform the duties of the President in the absence or disability of the President. He or she also shall assist the President and exercise those other powers and perform those other duties as shall be prescribed by the Directors.
5.4. Secretary and Assistant Secretary.
The Secretary shall keep the minutes of all proceedings of the Directors and the members. He or she shall attend to the serving of all notices to the members and Directors and other notices required by
law. The Secretary shall have custody of the seal of the Association and shall ,
affix it to instruments requiring the seal when duly signed. He or she shall keep the records of the Association, except those of the Treasurer, and shall perform all other duties incident to the office of the Secretary of the Association _and as may be required by the Directors or the President. The Assistant Secretary shall support the Secretary and shall perform the Secretary's duties in the Secretary's absence.
The Treasurer shall have custody of all property of the Association, including funds, securities, and evidences of indebtedness. He or she shall keep books of account for the Association in accordance with good accounting practices, which together with substantiating papers, shall be made available to the Board of Directors for examination at reasonable times. The Treasurer shall submit a treasurer' s report to the Board at reasonable intervals and shall perform all other duties incident to the office of treasurer. All money and other valuable effects shall be kept for the benefit of the Association in such depositories as may be designated by a majority of the Board.
The compensation, if any, of all Officers and other employees of the Association shall be fixed by the Board of Directors. This provision shall not preclude the Board from employing a Director as an employee of the Association.
6. FISCAL MANAGEMENT
6.1. · Board Adoption of Budget.
The Board of Directors shall adopt a budget for the common expenses of the Association in advance of each fiscal year at a special meeting of the Board called for that purpose at least 45 days before the end of each fiscal year.
6.2. Budget Requirements.
The proposed annual budget of common expenses shall be detailed and shall show the amount budgeted by accounts and expense . classifications, including, when applicable, but not limited to:
a. Administration of the Association
b. Management fees.
d. Rent for recreational and other commonly used facilities.
e. Taxes on Association property.
f. Taxes on leased areas.
h. Security Provisions.
1. Other expenses.
J. Operating capital.
k. Reserve accounts for capital expenditures and deferred maintenance, including but not limited to, roof replacement, building painting, and pavement resurfacing. The amount to be reserved shall be computed by
means of a .formula based on estimate remaining useful life and estimated replacement cost of each reserve item: Reserves must be included in the proposed annual budget but may be removed from the final budget if by vote of the Association they shall determine for a fiscal year to provide no reserves or reserves less adequate that required. If a meeting of the Owners has been called to determine to provide no reserves or reserves less adequate than required, and the result is not attained or a quorum is not attained, the reserves, as included in the budget shall go into effect.
6.3. - Notice of Budget Meeting.
The Board of Directors shall mail a meeting notice and copies of the proposed annual budget to the Owners not less than 14 days before the meeting at which the budget will be considered . The meeting shall be open to all the Owners.
6.4. Member Rejection of Excessive Budget.
If a budget adopted by the Board of
Directors requires assessments against the Owners in any fiscal year exceeding 115% of the assessment for the previous year, the Board, on written application of 10% or the voting interests shall call a special meeting of the Owners within 30 days. The special meeting shall be called on not less than 10 days written notice to each Owner. At the special meeting, Owners shall consider and adopt a budget which adoption requires an affirmative vote of not less than a majority of all voting interests. If at the special meeting, a quorum is not attained or a substitute budget is not adopted by the Owners , the budget adopted by the Board of Directors shall go into effect as scheduled. Provisions for reasonable reserves for repair or replacement of the common property, nonrecurring expenses, and assessments for betterment to the Property shall be excluded for the computation in determining whether assessments exceed 115% of similar assessments in the previous year.
6.5. Alternative Budget Adoption by Members. At its option, for any fiscal year, the Board of Directors may propose a budget to the Owners at a meeting of members or in writing. If the proposed budget is approved by the Owners at the meeting or by a majority of all voting interests in writing. The budget shall be adopted.
6.6. Accounting Records and Reports. The Association shall maintain
accounting records in the county in which the Property is located, according to good accounting practices. The records shall be open to inspection by an Association member or the authorized representative of the member at all reasonable times. The records shall include, but are not limited to:
a. Accurate, itemized and detailed records of all receipts and expenditures.
b. A current account and a monthly, bimonthly, or quarterly statement of the account for each parcel designating the name of the Owner, the due date and amount of each assessment the amount paid on the account and the balance due.
c. All audits, reviews, accounting statements, and financial reports of the
d. All contract for work to be performed. Bids for work to be performed shall also be considered official records and shall be maintained for a period of one year. Within 60 days after the end of each fiscal year, the Board of Directors shall mail or furnish by personal delivery to each Owner a complete financial report of actual receipts and expenditures for the previous 12 months.
Th depository of the Association-- shall be those banks or savings and loan associations, state .or federal, located Florida, the Board of Directors shall designate as from time to time and in which the money for the Association shall be deposited. Withdrawal of money from those accounts shall be only by checks or other withdrawal instruments signed by those persons authorized by the Board of Directors.
6.8. Fidelity Bonding.
A fidelity bond in the principal sum of not less than $5,000.00 shall bond each Officer and Director of the Association who controls or disburses its funds. The cost of bonding shall be the expense of the Association.
ASSESSMENTS AND COLLECTION
7.I. Assessments. Generally. Assessments shall be made against the Owners not less frequently than quarterly in the discretion of the Board of Directors. The assessments shall be made in an amount no less than required to provide funds in advance for payment of all of the anticipated current operating expenses and for all of the unpaid operating expenses previously incurred. The assessment funds shall be collected from Owners in the proportions or percentages that the particular parcel bears to the whole.
7.2. Special Assessments. The specific purpose or purposes of any special assessment including emergency assessments, that cannot be paid from the annual assessment for common expenses, as determined by the Board of Directors, shall be set forth in a written notice of the assessment sent or delivered to each Owner. The notice shall be sent or delivered within the time before the payment or initial payment there under shall be due, as may be reasonable or practicable in the circumstances. Special assessments shall be paid at the times and in the manner that the Board may require in the notice of the assessment. The funds collected under a special assessment shall be used only for the specific purpose or purposes set forth in the notice, or returned to the owner .
funds may be used to reduce the next year's annual assessments: On completion of the specific purpose or purposes, however, any excess funds shall be considered common surplus.
7.3. Charges for Other than Common Expenses.
Charges by the Association against individual members for other than common expenses shall be payable in advance and the billing and collection thereof may be administered by the Association.
7.4 . Liability for Assessments.
Each Owner, regardless of how his or her title has been acquired, including by purchase at a foreclosure sale or by
deed in lieu of foreclosure, is liable for all assessments that come due while he or she is the Owner. The Owner and grantee are jointly and severally liable for all unpaid assessments that came due up to the time of transfer of title. A first mortgagee or its successor or assignee who acquires title to a parcel by forclosusre or by deed in lieu of foreclosure for the unpaid assessments that became due before the mortgagee's acquisition of title is limited to the lesser of:
a. The previous Owner's unpaid common expenses and regular periodic assessments that accrued or came due during the six months immediately preceding the acquisition of title and for which payment in full has not been received by the Association; or
b. One percent of the original mortgage debt.
C. The provisions of this paragraph shall not apply unless the first mortgagee
joined the Association as a defendant in the foreclosure action. Joinder of the Association is not required if, on the date the complaint is filed, the
Association was dissolved or did not maintain an office or agent for service of
process at a location that was known to or reasonably discoverable by the mortgagee.
d. An Owner's liability for assessments may not be avoided by waiver of the use or enjoyment or any common element or by abandonment of the parcel on which the assessments are made.
7.5. Collection: Interest. Application of Payment.
Assessments and installments on them, if not paid within 10 days after the date they become due, shall bear interest at the rate of 18% per year until paid. All assessments payments shall be applied first to interest and then to the assessment payment due.
7.6. Lien for Assessment.
The Association has a lien on each parcel to secure the payment of assessments. The lien is effective for one year after the claim of lien is recorded in the public records of Glades County unless, within that time, an action to enforce the lien is commenced . The
claim of lien shall secure all unpaid assessments that are due and that may accrue after the recording of the
claim of lien and before the entry of certificate of title, as well as interest and all reasonable costs and attorney's fees incurred by the Association incident to the collection process. The lien is subordinate to any mortgage on the parcel recorded before it.
7.7. Collection: Suit, Notice. The Association may bring· an action to foreclose any lien for assessments in the manner that a mortgage of real property i foreclosed. It also may bring an action to recover a money judgment for the
.unpaid assessment without waiving any claim or lien. The Association shall give notice to the Owner of its intention to foreclose its lien at least 30 days before the foreclosure action is filed. The notice shall be given by delivery of a copy of it to the Owner or by certified or registered mail, return receipt requested, addressed to the Owner at the last known address.
Before levying a fine under section 4.25, the Board of Directors shall afford an opportunity for hearing to the party against whom the fine is sought to be levied, after reasonable notice of not less than 14 days. · The notice shall include:
a. A statement of the date, time and place of the hearing;
b. A statement of the provisions of the Restrictive Covenants or these Bylaws.
And lawfully adopted rules and regulations that have been violated; and
c. A short and plain statement of
restrictions contained in the remaining provisions of this
Section are met:
（1)No person under the age of eighteen(IS) years shall
be permitted to permanentiy reside in the units.
（2)However,a person under the age of eighreen (18)
years may be permitted to visit and temporanily
reside in a unit for a period of time not to exceed
thirty (30) days in any calendar year. The visitation
time periods shall not be cumulative from year to
year. Only overnight visitation shall be considered
in the computation So by way of example,if an
underage person visits overnight,two (2) days of
visitation shall be computed. If an under aged
person visits during the day only and does not stay
overnight,no days of visitation shall be computed
（D)Occupancy bv Older Persons-Age 55.
（1)Except for persons who are surviving spouses or cohabitants,
recipients of legacy, or grandfathered-in, no unit shall be
occupied or be permitted to be occupied unless there is at least
one (1)person occupying the unit who has attained the age of 55
years (hereinafter referred to as the designated occupant').This
occupancy requirement shall not preclude temporary occupancy
by guests or relatives of the designated occupant.
（2)This section shall guarantee that not less than S0% of all newly
occupied units shall have a designated occupant residing in the
The foregoing were adopted as the Bylaws of MOORE HAVEN YACHT CLUB
June 14 2005
MOORE HAVEN YACHT CLUB