Honeymoon Heights Owners Assoc. ByLaws

LETTER OF INTRODUCTION

 

In the late 1950’s, a group of individuals formed a company known as the Townline Land Company. Their endeavor was to develop a subdivision on the North Shores of Townline Lake. This subdivision was named Honeymoon Heights. The subdivision consists of 801 building lots, 9 lakefront parks, and 16 back-lot parks. Lakeshore Drive, Channel Drive, and Honeymoon Drive follow the lake shore. The roads leading into the subdivision are Caroline from the east, Schmeid from the west, and Elm, Cherry, Birch and Hickory from the north.

    The Townline Land Company did all the plat planning, constructed approximately seven miles of roads, developed the parks, established the building restrictions, and created the Honeymoon Heights Owners Association. Sale of the lots was a function of the Townline Land Company.
          In the early 1960’s, the Townline Land Company dissolved, giving the Honeymoon Heights Owners Association all rights and responsibilities for future operations and development of the subdivision.

Your Honeymoon Heights Owners Association is headed by six (6) elected lot owners for three-year terms. These six elected lot owners are known as the Board of Governors. The Board of Governors are responsible for overseeing the orderly growth of the subdivision, maintenance, and beautification of parks, issuing of building permits, and encouraging lot owners to maintain and beautify their properties.
          Each lot is assessed an association fee of twenty-five dollars ($25.00) per lot per year and is subject to change as required. This fee is the lot owner’s contribution to the maintenance and beautification of our parks and the continuing development of the subdivision.
          We pride ourselves in that we have encouraged individuals from all walks of life to come and invest in and enjoy our community.
          The lake is 247 acres in size. Swimming, waterskiing, boating, and fishing are some of the common activities. Swan, Blue Crane, Ducks, and Canada Geese are frequent visitors.
          This letter of introduction, along with the following subdivision plat map, [pending] the Townline Lake map, [pending] and the subdivision restrictions, is our way of welcoming all new property owners as members to the Honeymoon Heights Owners Association.

 Welcome to HHOA!

 Your Board of Governors

TABLE OF CONTENTS

 

ARTICLE I – Name                                                                       1     

 

ARTICLE II –Association Membership                                        1

 

ARTICLE III – Purpose of Association                                          1

 

ARTICLE IV – Board of Governors                                               1

 

ARTICLE V – Powers of the Board                                               2

 

ARTICLE VI – Election and Duties of Officers                             3

ARTICLE I - Name

1.1     There is hereby created an Association hereinafter known as the "Honeymoon Heights Owners Association," being the Assignee of Townline Land Company. The "Honeymoon Heights Owners Association" shall be governed by [six (6)] elected lot owners; these elected lot owners shall be known as the "Board of Governors."

 

ARTICLE II - Association Membership

2.1     The Association shall be composed of all the owners of lots, lands, and premises in the subdivision (except public streets), who shall become members of the Association by establishing the fact of said ownership by evidence satisfactory to the "Board of Governors", or its duly designated agent; provided that Townline Land Company, developer of the subdivision and its successors shall not be eligible for membership in the Association, and it shall not, as present or future owner of any lot in the subdivision, receive, or be assessed, for any membership dues. Ownership of equitable title to any such lots, lands, and premises under contract of purchase shall be deemed to be ownership for the purpose of membership and such case vendor's interest in such lots, lands, and premises be so considered.
2.2     Members of the Association shall be required to maintain their lots, lands, and premises in compliance of all subdivision restrictions as are established and recorded at the Montcalm County Courthouse, Stanton, Michigan.

 

ARTICLE III - Purpose of Association

3.1     To oversee the orderly growth of the subdivision, maintain current acceptable building standards and land use restrictions, and to encourage lot owners to maintain and beautify their properties and premises.
3.2     To maintain and improve, as the Association shall determine, the parks, beaches, and other Association grounds or properties for use of lot owners, within or appurtenant to the subdivisions known as Honeymoon Heights, Honeymoon Heights No. 2, Honeymoon Heights No. 3, and Honeymoon Heights No. 4, herein collectively called the "Subdivision," containing eight hundred one (801) lots, the respective plats thereof recorded in Liber 7 of Plats, page 39; Liber 8 of Plats, pages 12 and 13; Liber 8 of Plats, pages 19 and 20; and Liber 8 of Plats, page 28, as recorded at the Montcalm County Courthouse, Stanton, Michigan.

 

ARTICLE IV - Board of Governors

4.1     The Board of Governors shall be authorized to act for and on behalf of the Association in accordance with these Articles, and as may be directed by the Association members.

 4.2     To the end that the Association may lawfully transact its business and sue or be sued in its own name, the Board of Governors shall comply, on behalf of the Association, with the requirements of any statutes and laws as may be necessary therefore.

 4.3     The Board of Governors shall consist of [six (6)] persons, all of whom shall at all times remain a member of the Association.

 4.4     Membership to the Board of Governors shall be limited to:  1) those members who maintain their lots, land and premises in compliance with all subdivision restrictions, 2) one person per any one household, and 3) shall exclude husband or wife from both serving concurrent terms on the Board of Governors.

 4.5     The nomination and election of new officers to serve on the Board of Governors shall take place once each year at the annual meeting of the Association membership.  Two (2) new members shall be elected each year to serve a term of three (3) years on the Board of Governors.  Terms shall commence on the date they are elected and shall be empowered to serve until their successors have been elected and installed.  Elections shall be by plurality of the votes of the qualified members present or by written proxy; cumulative voting shall not be allowed.

 4.6     Three (3) members of the Board shall constitute the quorum necessary for the transaction of business at all Board meetings.  The President is the presiding officer and will vote only when needed to break a tie or when needed to constitute a quorum (3) to do official business.

 4.7     Vacancies on the Board, caused by death or resignation, shall be filled by appointment by the remaining members of the Board; said appointment shall 

last until the next annual meeting of the Association membership.  Members of the Board who are unable to act, or refuse to act, or those who maintain their lots, lands, or premises in violation of the subdivision restrictions may be removed from the Board by a majority vote of the remaining Board members.  Four (4) unexcused absences of any Board member in any one fiscal year shall be interpreted as unable or refusal to act.  Removal of said member from the Board shall be accomplished by a majority vote of the remaining Board members.

 

ARTICLE V - Powers of the Board

5.1     The Board of Governors shall have the following powers, whenever in the exercise of its discretion in accordance with purposes set forth in Article III hereof, it may deem them necessary and advisable.

 5.2     To provide and maintain such lighting for streets, parks, and pedestrian walkways or the other places now existing or hereafter to be created as shall be for the general use of the Association, as the Association may deem necessary or advisable; and

5.3     To provide for the erection and maintenance of gateways, walkways, and other ornamental features now existing or hereafter to be erected or created, and to establish, care for, and maintain the parks, playgrounds, tennis court, beach equipment, administration center, and any other recreational facilities which are now or hereafter may be created or erected within or appurtenant to the subdivision and intended for the general use of all owners and residents therefore; and

5.4     Docks at Parks, Only Honeymoon Heights Board sanctioned docks and no other structures, unless approved by the HHOA Board of Governors shall be installed at Assoc. parks; and

5.4a   Dock Permits,

  1. To receive a dock permit for your boat you must be current on dues owed to the HHOA and have a current boat registration from the State of Michigan.

  2. Apply for docks permits starting April 1st, if you help with the installation of the Docks in April you can receive your permit at that time. If you cannot help the day the docks are installed, you can help by cleaning an Association Park to get it ready for the summer season

  3. You may not park your boat at the dock until after the HHOA April Meeting, which is the third Thursday of the month. Your boat must have a valid dock permit sticker before docking. You can also receive your dock permit at the meeting in April or any other HHOA Meeting

  4. The HHOA Board member who oversees the Parks is the one who will receive your application and give out permits.

5.5     To erect and maintain adequate signs for marking Association properties within the subdivision, where not otherwise provided for; and

5.6     To provide such means and employ such agents as will enable it to adequately and properly carry out the provisions of these Articles; and

5.7     To dispose of surplus Association properties; sale of Association properties shall be by sealed bid only, the Board of Governors reserves the right to accept or reject any or all bids.  Sale of surplus Association properties must be approved by three-quarters (3/4) of the qualified votes of the Association members present or by proxy vote at the annual meeting; and

5.8     To purchase vacant or tax sale property when said acquisition has been determined by the Board of Governors to be in the best interest of the Association; and

5.9     To offer Association members first opportunity to purchase surplus Association properties; offer shall be by mail to the members last known address.  Members shall have thirty (30) days in which to make an offer; and

5.10    To cause an inspection of any structure by Montcalm County/Cato Township within the Subdivision that appears to be in a state of decay or is being maintained in violation of the Subdivision restrictions.

 

ARTICLE VI - Election and Duties of Officers

6.1     Members of the Board shall elect from their numbers a president, a vice-president, a secretary, and a treasurer, all of whom shall be empowered to serve as said officers for one (1) year and until their successors have been elected and installed. All other Board members shall be known as “Members at Large” and shall accept assignments as requested by the Board provided that the latter two offices may be held by the same person. A special meeting of the Board shall be held within five (5) days of the annual Association membership meeting for the purpose of electing said officers.

6.2     It shall be the duty of the president to preside over all meetings of the Board of Governors, the annual Association membership meeting, or any other special meeting that may be deemed necessary; to notify Board members and Association members of pending special meetings as is directed in Article VII; when required, the president shall be the spokesperson to represent the Board of Governors and the Association at all township, county, or State of Michigan meetings that are deemed to be necessary and in the best interest of the Association.

6.3     It shall be the duty of the vice-president to assume the powers and duties of the president in case of and during the officers absence, inability, or inaction to perform, and shall perform such other duties as the Board president shall direct.

6.4     The secretary shall keep and preserve a record of all transactions and proceedings of the Board, of all transactions and proceedings of the Association. Such records shall be kept in good order and held in the custody of the secretary and shall be made available for inspection at any reasonable time by any member or members of the Association or the Board. The secretary shall preserve all written correspondence between the Board and Association members and shall perform such other duties as the board may direct.

6.5     The treasurer shall keep and preserve in good order the checkbooks, bank statements, vouchers, financial statements and reports, and to compile and maintain an up-to-date list of all subdivision property owners and their last known address, and all other financial audits and correspondence pertaining to the financial status of the Association; such record shall be held in the custody of the treasurer and shall be made available for inspection by any member or members of the Association and the Board upon request at any reasonable time. Treasurer shall receive all monies due the Association and deposit such monies in the account of the Association. Treasurer shall make all disbursements at the direction of the Board. All checks shall be signed by the treasurer and countersigned by the president of the Board. Treasurer shall render a complete written financial report at each Board meeting and the annual Association membership meeting; such report shall contain cash balance, receivables, and liabilities of the Association.  Treasurer shall perform such other duties as the Board may direct. The treasurer shall be bonded under a Fidelity bond in the amount of five thousand ($5,000.00) dollars, payable to the Association, the premiums of which shall be paid by the Association, and the surety from which such bond is obtained shall be legally qualified to do business such as surety in the state where the subdivision is located.

7.1     The annual Association membership meeting shall be held on the last Saturday in June of each year, at such time and place within or near the subdivision as may be most convenient and practical in the opinion of the Board. The Board shall post and maintain within the subdivision for ten (10) days prior to said annual Association membership meeting a notice containing the time and location of said meeting; notice shall include the names of those Board members whose terms or appointments then expire. 

7.2     The Board may call special meetings of the Association membership when, and at such times and places, as it may deem necessary and desirable.

7.3     The Board shall give notice of each special meeting of the Association and the purpose for which it is called at least ten (10) days but not more than forty (40) days in advance thereof by posting such notice in three (3) conspicuous locations within the subdivision, or it may, in its own discretion, mail a notice to all Association members at their last known address.

7.4     At all Association membership meetings, the members shall be entitled to one (1) vote; provided, said member has subscribed to these Articles and has established evidence of membership satisfactory to the Board, such evidence shall be submitted at least two (2) days prior to the exercise of said vote.

7.5     Proxy voting shall be allowed at all Association meetings provided a written, dated, and signed proxy is filed with the secretary or the presiding officer of the meeting at which said proxy is to be exercised.

7.6     At all Association meetings, the quorum necessary to transact business shall be five (5%) percent of the qualified votes of the Association, present or by proxy.

7.7     The rules contained in the latest edition of Roberts Rules of Order Revised, shall govern the Association in all cases to which they are applicable and in which they are not inconsistent with the Articles, By-Laws, or special rules of Order of the Association.

ARTICLE VIII - Financial Limitations

8.1     It shall be unlawful for the Association to loan its credit, its name, or its capital to any member of the Association, the Board, or other persons or businesses, except by the consent in writing of the owners of a majority of the qualified votes of the Association, and then 
only in the event that the regular business of the Association shall be directly benefitted thereby.

8.2     No funds belonging to the Association shall be used for any purely private purpose whatsoever.

8.3     The Association shall at no time contract for indebtedness or spend more money within any one (1) year than the total amount of dues collected from the Association members during that particular year for the purpose of purchasing supplies, equipment, or tax sale properties.  Capital improvement projects that have been determined by the Board of Governors to be in the best interest of the majority of Honeymoon Heights property owners shall be exempt from this limitation; provided, such capital improvement indebtedness has been approved by a simple majority of those Association members present or by proxy vote at the annual Association membership meeting or any special meeting that has been called by the Board of Governors.

8.4     The fiscal year of the Association shall begin July one (1) of each year and end on June thirtieth (30) of the following year.

8.5     The Association books of the Treasurer shall be audited at the end of each year; such audit shall be posted at the administration Center and copies be made available upon request of any Association member; such audit shall be performed by a qualified firm, person, or persons chosen by the Board of Governors.

 

ARTICLE IX - Association Dues

9.1     The Board of Governors shall assess the dues to carry out the purposes as set forth in Article V hereof, in an amount to be determined by the Board of Governors, that amount shall be reviewed every three (3) years at the annual Association membership meeting.  Association members shall be notified of any impending increases or decreases in the Association dues.

9.2     At the discretion of the Assoc. Board of Governors’, Association Members that are 2 years behind in dues owed to the HHOA will be sent a first class letter stating their arrears. Payment arrangements can be made by contacting the HHOA Treasurer.

9.3     Statements of Dues shall be prepared by the Association Board of Governors in January of each calendar year and mailed by First Class Mail to the last known address of each registered property owner with a due date of March 31st of each year.  The Board of Governors retains the option of filing a lien on the property for unpaid dues.  Any lien must be satisfied before a property transfer transaction can be completed.

 

ARTICLE X - Amendments and Bylaws
10.1     These articles may be amended only by the owners of three-fourths (3/4) of the qualified votes of the Association present in person or by proxy at any annual meeting or at any special meeting duly called when the notice of such special meeting shall contain a description of such proposed change.

10.2     Such bylaws as are not inconsistent with these articles may be adopted by the owners of three-fourths (3/4) of the Association. 
 

ARTICLE XI - Termination of Association
11.1     The Association may be terminated in the following manner:

First:     By the written consent of the owners of two thirds (2/3) of the assessed value of the real estate in the subdivision who are members of the Association

Second:     By the written consent of the owners of two-thirds (2/3) of the assessed value of the real estate in the subdivision.

11.2     For the purpose of this section:  “Real Estate” means not only the land itself but all buildings and improvements and “Assessed Value” means the latest value placed on the property by the public taxing authority.

 

ARTICLE XII - Copies of These Articles
12.1     A true and correct copy of these articles as amended and of any bylaws adopted shall be furnished upon request and without charge to any member of the Association.

 

ARTICLE XIII - Restrictions
13.1     The Association shall maintain and enforce all 

building and land use restrictions as set forth by the developer of the subdivision and such revisions that have been enacted for the purpose of maintaining current acceptable building and land use practices.

13.2     A copy of all building and land use restrictions shall be made available to any member or members of the Association upon request.

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