Constitution And By Laws

  • August 2019
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LOON LAKE PROPERTY OWNERS ASSOCIATION CONSTITUTION Preamble We, the taxpayers and owners of property on the waters of Loon Lake, Sauble Township, Lake County, State of Michigan, feeling a responsibility to preserve the beauty and tranquility of our surroundings and the aesthetic and material values of our collective holding, adopt this constitution. I.

Name The name of this organization shall be the Loon Lake Property Owners Association. The Association shall be organized in accordance with the laws on the State of Michigan.

II.

Purpose

III.

Section 1.

To use our collective influence, through the Association, to keep Loon Lake in a clean and healthful condition.

Section 2.

To use the lake and surroundings so as to cause no threat to the safety of persons or property.

Section 3.

To accomplish the objectives, the Association, will enact as it determines to be in its best interests, rules, regulations and recommendations.

Membership Section 1.

Each property owner on the waters of and adjacent to Loon Lake with access to as well as multiple owners are eligible for full membership but only have one (1) vote. Exception is that the Pleasant Acres Trailer Park will have a total of 7 votes.

IV.

V.

Section 2.

Joint owners, spouses and immediate family may attend meetings and participate in discussions.

Section 3.

Membership is terminated upon the sale of property and is not transferable.

Officers and Board Section 1.

The Association will elect from its members at the Fall meeting (in odd numbered years), 6 people to serve as officers of the Executive Board. The seventh Executive Board member will be elected by the Pleasant Acres Trailer Park to serve on the Loon Lake Executive Board.

Section 2.

Voting for officers shall be by ballot or acclamation. The candidate receiving the largest number of votes will be the winner

Section 3.

The officers of the Association shall consist of a President, Vice-President, Secretary, Treasurer and Trustees (3).

Section 4.

Officers shall serve a term of four (4) years.

Membership and Fiscal Year The membership and fiscal year shall be June 1st through May 31st.

VI.

Amendments Amendments to the constitution may be introduced by the membership by petition signed by 20% of the total membership and submitted to the secretary. Amendments to the constitution may also be introduced by the Executive Board. These proposed amendments shall be acted upon at the next scheduled Association meeting. A copy of the proposed amendment shall be sent to each member of the Association at least 30 days prior to voting. A majority vote of the membership present is required to adopt the

proposed amendment, which shall become effective immediately upon adoption unless otherwise provided. VII.

Recall and Initiative Section 1.

Members of the Loon Lake Association shall have the right of removal of any elected official upon petition of 20% of the Association membership. Recall petitions shall be presented to the Association secretary who will report the petition at the next Executive Board meeting. The President shall then request an election of the membership at the next regularly scheduled meeting. A majority vote of the total membership shall be necessary for removal and termination of office.

Section 2.

Members shall also have the right to petition for any election or the scheduling of a general membership meeting upon the presentation of a petition of 20% of the current Association membership to the Association Secretary. The President shall act upon the request as specified in the petition.

By-Laws 1. Rules of Order Robert’s Rules of Order shall be the authority on all questions of procedure not specifically stated in this constitution and by-laws. 1 1. Meetings Section 1.

The Association shall hold two (2) general meetings each year. a. The Saturday before Memorial Day b. The Saturday before Labor Day

Section 2.

The Executive Board shall determine the agenda to be presented at the general meeting.

Section 3.

The Executive Board shall have the power to call special meetings.

Section 4.

Notice of all meetings or special meetings shall be handled as follows: a. Notice of time, place and agenda of all general or special meetings is to be sent to all members of the Association at least thirty (30) days prior to the scheduled meeting.

Section 5.

Must be a paid member of the Lake Association to attend the meetings.

111. Quorum Section 1.

A quorum for all meetings shall consist of 20% of full paid membership.

Section 2.

A quorum for meetings of the Executive Board shall consists of 60% of the elected Board.

IV. Duties of Officers Section 1.

President a. Preside over all general and Executive Board meetings. b. Shall represent the Association in all dealings with outside agencies and organizations (or his designee).

Section 2.

Vice-President a. Shall perform the duties and exercise the powers of the President during the absence or disability of the President. b. Assume any other duties assigned by the President.

Section 3

Secretary a. Shall keep all the records of the Association b. Shall keep the minutes of all meetings c. Shall send notices of all meetings d. Shall handle all official correspondence for the Association e. Shall provide a report of the last Association meeting

Section 4

Treasurer a. Shall have custody of all Association funds and securities b. Shall keep a financial record of this Association and be responsible for the collection of revenue and disbursement funds upon authorization of the Executive Board c. Shall deposit all moneys, securities and other effects in the name of the Association in such depositories as may be designated for that purpose by the Executive Board. d. Shall provide a financial and written report at all meetings

Section 5.

Trustee a. Assume any and all duties assigned by the President

V.

Executive Board

Section 1.

The Executive Board has the authority to act upon all business as they deem necessary and in the best interest of the general membership.

Section 2.

Vacancies on the Executive Board shall be filled by appointment made by the remaining Board members until the vacancy has been filled by the general membership at the next general meeting.

Section 3.

VI.

The Executive Board may appoint committees as necessary and appropriate to conduct the activities of the Association. Committee chairpersons and members must be paid members of the Association and approved by the Executive Board.

Voting

Section 1.

Voting, only by Lake Association members is to be by ballot or acclamation

Section 2.

A majority vote cast constitutes an affirmative vote

VII.

Dues

Section 1.

The amount of dues shall be established by a vote of the Association membership at the annual spring meeting

Section 2.

Special assessments can only be voted by the general membership

VIII.

Amendments

Amendments to these by-laws may be introduced by the membership by petition signed by 20% of the total membership and submitted to the secretary. Amendments may also be introduced by the Executive Board. These proposed amendments shall be acted upon at the next scheduled Association meeting. A copy of the proposed amendment shall be sent to each member of the Association at least 30 days prior to voting. A majority vote of the membership present is required to adopt the proposed amendment which shall become effective immediately upon adoption unless otherwise provided. IX.

Budget and Fiscal Spending

Section 1.

The budget for each fiscal year will be recommended by the Executive Board for a vote of the Association members at the annual spring meeting. Committee chairpersons will provide the Executive Board a budget request no later than May 1 of each year. The

request will include anticipated expenses and the rational for those expenses. Section 2.

No association funds will be expended by any committee, its members, or representatives outside of or in excess of the budget established for that fiscal year.

Section 3.

The Executive Board may establish a budgeted amount for discretionary spending to fund spontaneous, unplanned activities that contribute to the purpose of the Association as established in the Constitution or to respond to budget shortfalls.

X.

Maintenance

Section 1.

Added by request of Lake County Road Commission on 9/1/2018. Loon Lake Property Owners Association will collaborate with authorities and personnel from agencies and organizations that provide for the maintenance and enforcement of laws that further the interests of Loon Lake Property Owners. That would include, but not be limited to: the Lake County Road Commission, Lake County Sheriff, Department of Natural Resources, and Department of Environmental Quality.

(Revised and adopted on 9/1/01) (Revised and adopted on 5/25/02) (Revised and adopted on 5/29/04) (Revised and adopted on 5/28/16) (Revised and adopted on 9/1/18)

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