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AMENDED BY LAWS
CARRIAGE HILLS #6
Revised and adopted July 14, 2008
ARTICLE I - NAME AND LOCATION
This organization shall be known as the Homeowners of Carriage Hills #6 with
its principle place of business located in the area designated as Carriage
Hills #6 in Washington Township, Macomb County, Michigan. The post office
address shall be such place or places within Carriage Hills #6, or a
designated Post Office Box at the Post Office servicing Carriage Hills #6,
as may be determined by the Board of Directors from time to time.
ARTICLE II - PURPOSE
The purpose of this organization shall be:
1. To promote and enforce the rights of property ownership of the members
including the enforcement of restrictions pertaining to the subdivision
comprising the area known as Carriage Hills #6 as such restrictions may be
recorded in the plats with Macomb County Register of Deeds, for the purpose
of protecting the character and value of such properties.
2. To promote and maintain the high quality residential character of
Carriage Hills #6.
3. To promote the best interest of the membership in any matters concerning
zoning regulations affecting the area known as Carriage Hills #6 and any and
all other matters which may involve contact with or activity before the
Township and other governmental agencies. Provided, however, the Association
shall not directly or indirectly participate in any partisan or non-partisan
political activity on behalf of or for the benefit of any candidate for any
public office.
4. Engage in any matters and work toward any objectives for the betterment
of Carriage Hills #6 and the membership of this association.
ARTICLE III - MEMBERSHIP AND VOTING RIGHT
SECTION 1
Any person or entity who is the owner of record or land contract vendee of
an interest in any residential lot in the subdivision of Carriage Hills #6
in Washington Township, but not including any owners who have sold their
interest under executory land contract shall be a member in this
Association. Provided, however, there shall be only one (1) membership for
any single lot and no individual shall be entitled to more than five (5)
memberships regardless of the number of lots in which he may have a legal
interest. Membership shall be mandatory upon verification of ownership or
other legal interest in property.
SECTION 2
Each membership in good standing shall be entitled to one (1) vote
SECTION 3
All members are bound by all the provisions of the Homeowners of Carriage
Hills #6 Restated and Amended Bylaws and Restricted Covenants, as well as
additional changes to these Bylaws that are properly adopted by the
Homeowners of Carriage Hills #6 in accordance with the adoption procedures
contained herein.
SECTION 4
Only members in good standing are eligible to speak or vote at an official
meeting.
ARTICLE IV MEMBERSHIP MEETINGS
SECTION 1
An annual meeting of the members shall be held during the month of June of
each year commencing with the year 1988 at a day, place and hour to be
determined by the Board of Directors.
SECTION 2
Special meetings of the membership may be called at any time at the
determination of the Board of Directors or by the concurrent action of any
three (3) officers of the Association or by petition signed by a majority of
the memberships in good standing. In the case of special meeting by
petition, such petition shall designate the purpose for the meeting and be
filed with the secretary. Upon filing of the petition, the Board of
Directors shall schedule and hold such special meeting within three calendar
weeks from the date of filing.
SECTION 3
Written notice of the date, time and place of all meetings shall be mailed
by the Secretary to each membership. The notice shall state the matters to
be considered at the meeting and it shall be distributed by first class mail
or personal delivery to the respective members not less than fourteen (14)
days prior to the date of the meeting. Every such notice shall, if mailed,
be deemed duly served when the same has been deposited in the United States
mail, with first class postage fully paid, addressed to the member at
members address according to the membership record of the Homeowners
Association of Carriage Hills #6.
SECTION 4
Those members in good standing present at any meeting shall constitute a
quorum. Any membership may submit a written proxy which, if received prior
to or at the meeting, shall be exercised by the person to whom the proxy is
directed. A simple majority vote of those members present, including
proxies, shall prevail. No final action may be taken on any matter not
specifically included in the notice of the meeting except at the annual
meeting.
SECTION 5
The president shall chair each meeting of the membership and the following
order of business shall prevail. Provided, however, the order of business as
well as any matters contained therein may be modified or waived by a voice
vote of the members present. Roberts Rules of Order shall govern all
meetings of the Association.
1. Roll call of Officers and Committee Chairman
2. Reading notice and proof of notification
3. Reading of the minutes of the previous meeting
4. Report of President
5. Report of Secretary
6. Treasurers Report
7. Reports of Committees and Correspondence
8. Old business
9. New business
10. Election of Officers (Annual Meeting Only)
11. Announcements
12. Adjournment
ARTICLE V BOARD OF DIRECTORS AND
OFFICERS
SECTION 1
The Board of Directors shall carry out the general policies of the
Association and the various actions directed by the membership and do any
and all things necessary to the conduct of such business of the Association.
It shall be comprised of the officers and two (2) directors, each to be
elected by the membership. The following shall pertain to the operation of
the Board:
1. It shall meet not later than three (3) weeks following the annual meeting
of the membership and thereafter at least once every three (3) months.
Special meetings of the Board may be called by the president or any three
(3) members of the Board on such occasions as they may deem necessary.
2. The secretary shall give written notice of the date, time and place of
each meeting of the Board to each of its members not less than three (3)
calendar days before the date of such meeting. The notice shall be
personally delivered to the members or may be sent by first class mail
addressed to the last known address of the respective members.
3. A majority of the members of the Board shall constitute a quorum.
4. All matters coming before the Board shall be decided by a simple
majority.
SECTION 2
The membership shall elect the following officers and the two (2) directors
named above at the annual meeting. The duties of the officers shall be as
prescribed hereafter.
1. President The President shall be the presiding officer at all meetings
of the membership and the Board of Directors and shall be the chief
executive officer of the Association. The President shall be an ex-officio
member of all standing committees and shall have the general power of
supervision and management.
2. Vice President The Vice President shall serve in the absence of the
President in the place and stead of the President and perform other duties
consisting of assisting the President and the Board of Directors as may be
designated and required from time to time. The vice-president shall be
responsible for the designation of committee chairpersons.
3. Secretary The Secretary shall be responsible for all notices required
under the Bylaws or resolution. This officer shall attend and be responsible
for and maintaining minutes and other records of all meetings of the
Association and Board of Directors and shall handle such other customary and
appropriate clerical duties of the Association.
4. Treasurer The Treasurer shall immediately deposit all funds received by
the Association or on its behalf and shall maintain appropriate records of
all receipts and disbursements. The Treasurer shall provide accounting for
all such receipts and disbursements including a year-end account to be
presented at the annual meeting. The Association will maintain an account at
Republic Bank, or such other bank institution that may be approved by the
Board of Directors of The Homeowners Association of Carriage Hills #6.
5. Building Director The Building Director shall be responsible for the
review of plot plans, architectural designs, and building specifications of
all intended structures per the Carriage Hills #6 covenants and
restrictions, and report any discrepancies to the Board of Directors. The
Building Director chairs the building control committee.
SECTION 3
The term of office for each of the officers and directors shall be one (1)
year to commence July 1 of the fiscal year following their election at the
annual meeting and to continue until the following June 30, provided,
however, each officer shall continue in office until his successor is
elected. In the event of vacancy arising for any elected officer or
director, the Board of Directors shall appoint a successor to serve the
remainder of the unexpired term.
SECTION 4
Any officer or director may be removed by the membership of the Association
for misfeasance, malfeasance or nonfeasance in office. Removal shall be only
at a meeting of the membership called by petition for that purpose signed by
a majority of the members of the Association.
ARTICLE VI COMMITTEES
SECTION 1
Building Control Committee This committee shall consist of the Building
Director and two (2) appointed members appointed by the Board to assist him.
SECTION 2
The Board of Directors shall create such committees as it may deem necessary
and appropriate from time to time for any business or other purpose related
to the business of the Association. The President may create such special
committees as he deems necessary and appropriate and appoint the members
thereof subject to the consent of the Board.
ARTICLE VII DUES, ASSESSMENTS AND
EXPENDITURE
SECTION 1
Each membership shall pay annual dues of One Hundred Twenty Five ($125.00)
payable in February of each calendar year commencing in 2009. Notices are to
be posted by the Treasurer no later than February 1st of each year. Any
member whose annual dues are not paid by March 1 of each calendar year will
be assessed an additional Twenty ($20.00) Dollar late fee. Any member whose
annual dues are not paid by June 1 of each calendar year will also be
assessed twelve percent (12%) per annum interest from March 1 to the date of
payment on the unpaid balance, and will be declared delinquent. Any member
whose annual dues are not paid by March 1 of the following year will also
have a lien will placed upon the delinquent property. Delinquent members
cannot vote on association matters.
SECTION 2
Special assessments may be levied only after a written notice of a meeting
to all of the membership with the specific assessment and its purposes set
forth in the notice. Each membership may appear in person, by proxy, or
written vote delivered no later than the date and time set for such meeting
for special assessment. A special assessment shall be levied upon the
approval of fifty-one (51) percent of the voting memberships of the
Association. Any member whose assessment is not paid within 60 days of
posting will be assessed a Twenty ($20.00) Dollar late fee. Any member whose
assessment is not paid within 90 days of posting will also be assessed
twelve percent (12%) per annum interest from due date (60 days after
posting) to the date of payment, and will be declared delinquent. Any member
whose assessment is not paid by March 1 of the following year will also have
a lien placed upon the delinquent property. Delinquent members cannot vote
on association matters.
SECTION 3
Any monies of the Association received from special assessments shall be
used only for the purpose for which assessments were made, provided,
however, that after payment in full for all expenses incurred from the
matter for which the assessments was made, the Board of Directors may
transfer the remainder of the fund, if any there be, to the general fund of
the Association or to any other special assessment fund there may be. Dues
and any other funds shall be used for such expenditures as may be necessary
to carry out the business of the Association. Any and all disbursements of
Association monies shall be made only by the treasurer after approval by the
Board of Directors.
SECTION 4
The Homeowners Association of Carriage Hills #6 may enforce collection of
delinquent dues and/or assessments by a money judgment, or by LIEN
foreclosure. In an action for foreclosure, a receiver may be appointed to
collect a reasonable rental for the premises from the lot owner. The
expenses incurred in collecting unpaid dues, including all costs, and actual
attorney fees shall be chargeable to the delinquent lot owner and may
constitute an additional lien on the property.
ARTICLE VIII INDEMNIFICATION AND
LIMITATION ON LIABILITIES
The Association shall indemnify its past and/or present directors, officers
and agents to the fullest extent permitted by Michigan law, against all
judgments, payments in settlement, fines, and other reasonable costs and
expenses (including attorney fees) incurred in connection with the defense
of any action, suit, or proceeding, which is brought or threatened in which
such person is a party or is otherwise involved because he or she was or is
a director, officer, or agent of the Association.
ARTICLE IX - ENFORCEMENT OF VIOLATIONS OF
RESTRICTIVE COVENANTS
SECTION 1
The Homeowners Association of Carriage Hills #6, as the legal successor of
the Developer of Carriage Hills #6 shall have the full authority to exercise
the remedies identified in Violations provision of the Restrictive Covenants
for Carriage Hills #6. The expenses incurred in enforcing the Restrictive
Covenants, including all costs and actual attorney fees shall be chargeable
to the lot owner and property. These costs will result in a lien being
placed upon the property.
SECTION 2
The Homeowners Association of Carriage Hills #6 may enforce collection of
costs associated with the enforcement of Restrictive Covenants by a money
judgment, or by lien foreclosure. In an action for foreclosure, a receiver
may be appointed to collect a reasonable rental for the premises from the
lot owner. The expenses incurred in collecting costs and actual attorney
fees shall be chargeable to the lot owner and may constitute an additional
lien on the property.
ARTICLE X FISCAL YEAR
The fiscal year of this Association shall be from July 1 to June 30,
inclusive.
ARTICLE XI AMENDMENTS
These By-laws may be added to, amended, modified or repealed by a majority
vote of a quorum of the members at any meeting of the Association. Provided,
no amendments shall be acted upon unless and until the entire membership
shall have been furnished with a written copy of the proposed amendment not
less than three (3) weeks prior to any meeting at which action is to be
taken on any such amendments.
ARTICLE XII
These By-laws shall remain in full force and effect for each member or lot
owner as of the date of the purchase and these shall be severable as to all
Articles, Sections, and Subsections, and in the event any Article, Section,
or Subsection shall by operation of law or by ruling of court,
administrative authority, or government agency shall be void and without
legal effect, it shall not affect the validity, legal effect or
enforceability of the remaining Articles, Section, or Subsections.
AMENDMENT TO CARRIAGE HILLS #6 BYLAWS
ARTICLE VII DUES, ASSESSMENTS AND EXPENDITURE Section I
On June 10, 2003, by the vote of the
membership at the Annual Meeting, dues were changed from Seventy Five
($75.00) Dollars to One Hundred ($100.00) Dollars payable in February of
each calendar year commencing in 2004.
AMENDMENT TO CARRIAGE HILLS #6 BYLAWS
ARTICLE VII DUES, ASSESSMENTS AND EXPENDITURE Section I
On June 9, 2008, by the vote of the
membership at the Annual Meeting, dues were changed from One Hundred (100)
Dollars to One Hundred Twenty Five ($125.00) Dollars payable in February of
each calendar year commencing in 2009.
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