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Information Collection and Use

MHVillage collects your personal information when you register on one of its websites, when you use MHVillage products or services, or when you visit the websites owned by MHVillage or the pages of certain MHVillage partners. MHVillage may combine information about you that it has gathered with information that it may obtain from business partners or other sources.

When you register or interact with an MHVillage website, your provide information such as your name, address, email address, zip code, telephone numbers, and other information. You may also provide information about your home if you list it for sale or request a valuation. Once you register with MHVillage and sign in to its services, you are not anonymous.

MHVillage collects information about your transactions with MHVillage and with some of its business partners, including information about your use of the services that MHVillage offers. MHVillage automatically receives and records information from your browser, including your IP address, MHVillage cookie information, and the page you requested. MHVillage uses this information for the following general purposes: to customize the advertising and content you see, to fulfill your requests for products and services, to improve its services, to contact you, to conduct research, and to provide anonymous reporting for internal and external clients.

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Changes to this Privacy Policy

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813 big branch ln nw , moore haven, fl 33471.

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Moore Haven Yacht Club Rules

  

MOORE HAVEN YACHT CLUB HOMEOWNERS ASSOCIATION

RULES AND REGULATIONS

These Rules and Regulations are provided to you by the board as required by the state of Florida to have a condensed version so that they may help you better understand the bylaws of MHYC.

As per our Bylaws, Article III, Section 10; The Association, through its Board of Directors, may make and enforce reasonable rules and regulations governing the use of the properties, which rules and regulations shall be consistent with the rights and duties established by the Declaration. Sanctions may include reasonable monetary fines, which shall be levied as a Special Assessment as provided in this Declaration, and suspension of the right to vote and the right to use the recreation facilities. The Board shall, in, addition, have the power to seek relief in any court for violations or to abate nuisances. Imposition of sanctions shall be as provided in the Bylaws of the Association. In addition, the Association, through the Board, may, by contract or other agreement, enforce court ordinances or permit Glades County to enforce ordinances on the properties for the benefit of the association and its members. These Rules and Regulations were voted, approved, documented and posted by The Moore Haven Yacht Club Homeowners Association Board of Directors on 2/11/21 and take affect 3/11/21 in accordance with Florida State Statute.

The Moore Haven Yacht Club is a 55+ community consisting of Double-wide mobile homes and manufactured homes. All property owners agree to pay a quarterly maintenance fee as set forth in the by-laws and abide by all declarations, by-laws, rules and regulations set forth by the Moore Haven Yacht Club Homeowners Association. Membership must be approved by a vote of the Board of Directors. No property may be purchased without approval. 

If at any time, you have an issue regarding a member, a building project, policy, etc. the proper thing to do is to bring a signed, letter of complaint and present it to the board at a Thursday morning meeting between 9-11am. This is the only way a complaint will be considered valid. Unsigned or anonymous notes, letters, phone calls or verbal complaints will not be reviewed or brought to the attention of the board.

PROPERTY SALES

All property sales must be approved by the Board of Directors. Ownership Application packets may be obtained at the office. It is strongly suggested that “buyer(s)” complete the application packet and submit it to the Board of Directors prior to or upon acceptance of a purchase agreement on any property. An Estoppel fee of $125 will be charged to be paid at closing.  A transfer fee of $100 is charged and may be paid prior to or at the closing. A signed copy of the Transfer Agreement MUST accompany the Purchase Agreement when submitted to a Title Company. A property sale cannot close without Board Approval.

ARCHITECTURAL CONTROL BOARD (ACB)

No owner shall make, install, place or remove any building, fence, screen enclosure, porch, wall, patio area, pool, spa or any other alteration, addition, improvement, or change of any kind or nature to, in or upon any portion of common property or the owner’s lot, unless the owner first obtains the written approval of the ACB. Approval is not required for any maintenance or repair which does not result in a material change in any improvement including the color. Approval from the ACB is required for any new home, addition, change to the outside of all homes. The Architectural Control Board’s function is to keep the appearance of the park consistent, clean and safe, as well as to protect the property value of our members. The bylaws are used as a guideline for the ACB but may use their discretion as to what is appropriate for our community standards. Approval from the ACB is required to obtain permits from the City of Moore Haven and/or Glades County. All City and County requirements for building and zoning must be followed including all required inspections. Please refer to the City of Moore Haven Code Enforcement and Glades County with any questions pertaining to code and ordinance requirements pertaining to your project.

PROPERTY MAINTENANCE

The Associations lawn maintenance shall include mowing of the members lawn, front, back and sides of the lot, the areas of the lot where the lawn mowers cannot mow, due to access problems, shall be kept in order by using a trimmer. The owner is to care for all landscaping, hedge, shrub and tree trimming, irrigation pumps and sprinkler systems. The exterior of the home must be kept clean and free of dirt, mold and mildew. We recommend pressure washing in the spring and early fall. No noxious or illegal activity shall be permitted upon any lot, nor shall anything be done which may be or may become an annoyance or nuisance to the neighborhood or any other lot owner. In the event of any question as to what may be or become a nuisance, such question shall be submitted to the Associations Board for a decision in writing, which decision will be final. In addition, no weeds, underbrush or other unsightly growth shall be permitted to grow or remain upon any lot. No refuse pile or unsightly objects shall be allowed to be placed or to remain on any lot. In the event that an owner shall fail or refuse to follow the above, you will be notified and given 30 days to make arrangements to correct the situation. After 30 days if the issue hasn’t been corrected the association may enter premises and remove the same at the owners expense, and such entry shall not be deemed a trespass. All garbage or trash containers must be securely covered to prevent wildlife from entry and not visible from the street as much as possible and reasonable. All garbage placed out for collection must be in sealed garbage bags, covered plastic garbage cans, or such other containers. Please do notput trash out the night before pick-up. The City of Moore Haven collects trash on Monday and Thursday.

MOWING 

Lawn service is currently provided by Angler’s Lawn and Landscaping, The contract states they will mow weekly during wet season and every-other week during dry season. Anglers will follow directions set forth by the Board of Directors.

· Mow, string trim, edge, & blow Mowers will have the guards down at all times when mowing a lot with a home or any other structure.

· Mowing will be weekly from June 1st to November 1st (begin and end times are approximate based on growth). Winter months will be every-other week or on an “as needed” basis to be determined by the Board of Directors.

· Trimmers will not get close to any object that might get damaged.

· Weed eating on the banks of the river, canal, and pond will be twice a month or as needed.

· Trimming of small trees on the common areas onlyas needed.

· Edging of lots with homes, vacant lots, common areas, and roadways as needed.

· Blowing off of all grass cuttings each mowing.

· Spraying of round up in the common areas only. NO spraying on home owner lots.

· The lots not to be mowed will also have no trimming, edging, or blowing on the property.

· The home owner will be informed if an object is accidentally damaged during any of the lawn service processes. Mowing will be on Thursdays and will be accomplished in 1 day if possible. We have agreed that if needed 2 days is acceptable for a complete and thorough job. Please remember to pick movable objects in your yard before the mowing begins. 

· Flower gardens, hedges, shrubs, and small trees will be the responsibility of the individual owner. If you would like the service to perform a task for you, you may negotiate separately and privately on this. Please do not ask or expect the service to stop their job to do something for you. They have been instructed not to do this.

STORAGE/PARKING

All items in the storage area must meet the following requirements:  

· Must be able to drive or tow and must be operational.

· Must have current tags and insurance is strongly advised. MHYC is not responsible for any items in the storage area. If your item damages someone else’s property, you are responsible.

· Must be clean and neat in appearance. 

· No loose items on trailers or on the ground in your space. This area is for RV’s, trailers, boats with trailers and personal vehicles, not random items that belong in your shed or garage.

· If your items are covered, canvas is preferred over plastic tarps as it withstands the weather much better.

· Use of the storage lot is a privilege not a right. Failure to follow the guidelines will result in your items being requested for removal. After 30 days the items will be removed at your expense.

· Storage area spaces are available on a first come basis. If a space has not been used for the calendar year, it must be relinquished for another members use.

· At the beginning of each year, before January 15, members using storage area must come into the office and fill out/renew their form. Failure to do so will be taken that you no longer want/use your space and it will be relinquished.

· There will be an annual fee of $120 for plugging in to charge batteries only.

All campers, boats, and trailers of any kind must be stored under a motor port or in the storage lot. 

Personal vehicles must be parked on concrete driveway, of working order, current license and insurance.  A boat and trailer or trailer may be parked in a homeowner’s driveway for loading and unloading or repair work. Any repair work resulting in an item being parked in a driveway for a period longer than 3 days must be approved by the board.

No commercial vehicles or trailers of any type, including any business names or logos shall be permitted to be parked or stored on any lot except during construction. 

The MHYC enforces certain restrictions in terms of pet ownership. The leash law requires pets to be on a leash at all times when outside and not within a fenced area. This includes the time riding on golf carts, while on your property or rental property and Common Areas. 

Cats are pets, too! It is the owner’s responsibility to pick up and dispose of your pets waste immediately and in a proper manner. The MHYC bans vicious or aggressive animals regardless of species, size or weight. Examples of dogs in this category are Pit Bulls, Rottweiler’s, Doberman Pinschers, and German Shepherds, etc. The Board of Directors has the ability and responsibility to impose fines for infractions to these rules. 

Fences are not permitted, to allow for expedient lawn maintenance. A decorative fence on the side of a driveway is permitted providing it is anchored into the driveway. Invisible fence, in your backyard, is permitted on a case-by-case basis only, and must be approved by the Board of Directors, and may be rescinded at any time.

CLOTHES LINES/DRYING AREAS

Drying areas/clothes lines are permitted with permission of the ACB.

CLUB HOUSE ROOMS

The Board of Directors has authorized members in good standing and their guests to use portions of the common areas for private parties and gatherings. Arrangement to use these rooms are to be cleared through the Board of Directors and is limited to two (2) times per year, per family. Since the swimming pool is open daily for membership use. The pool is not available for private party use. Any violations of rules or procedures by a member, guest, or invitee is the responsibility of the owner, and shall subject the owner to the same liability as if such violation was that of the owner, resulting in suspension of use of the facilities, monetary fine or charge for cleaning and/or repair. A $100 deposit may be required upon approval for room use. 

The pool is for MHYC members in good standing, their families, and up to 2 guests (not family). All visitors must be accompanied by a member. Swimming attire is required. No street clothes. All swimmers must shower before entering pool. No animals allowed in the pool or on the deck. Food and drink are allowed but not within 4 feet of the pool. Absolutely no glass or smoking allowed. No diving, running, rough play, or unnecessary noise. All persons using the pool do so at their own risk. The MHYC HOA is NOT responsible for accidents or injuries. The MHYC HOA reserves the right to deny use of the pool to anyone at anytime.

LONG-TERM GUESTS

We are aware that as a 55+ community the time may come for homeowners to require additional help in their home. If this becomes necessary, please complete the “Additional Resident Application” as they do need to be approved by the board and a background check is required. No one under the age of 18 is allowed to reside in MHYC even as a long-term guest.

TREE TRIMMING

The biennial trimming of large palm trees includes trees on both common property (the Association pays) and on personal property (the individual member pays). To keep cost to our members economical we have a contracted service to perform this task, which may take up to 3 days. The Board will determine the number of large trees on each lot and give the home owner an invoice for the cost of trimming their large palms. As a safety measure to our members, we consider any palm that can no longer be reached with a pole saw, from the ground, to be large. If you prefer to have your trees trimmed by another party you will need to make arrangements privately through a professional tree service . If payment has not been received or another trimming option approved by the board, your trees will be trimmed on the appointed day and the home owner billed for the service. Small trees are easily reached with a pole saw and may be trimmed by the home owner.  All trees must be kept neat in appearance and not to obstruct walkways or intersection sightlines.

SIGNS AND FLAGS

Except for one sign used to indicate the name of the resident, no “for rent”, “for sale’ or other sign of any kind is permitted to be displayed without prior consent of the ACB, the only exception being a security sign within 10 feet of the door. Any home owner may display one portable flag or erect a free standing flagpole not more than 20 feet high on any portion of the home owners real property, regardless of any covenants, restrictions, bylaws, rules or requirements of the association. A flag pole must not obstruct sightlines at intersections and not be erected within or upon an easement. The home owner may display, in a respectful manner, one official United States Flag, not larger than 4.5 feet by 6 feet, and may additionally display one official flag of the State of Florida or the US Army, Navy, Airforce, Marines, or Coast Guard, or a POW-MIA flag. Such additional flag must be the same size or smaller than the US Flag. The flagpole and display are subject to all building codes, zoning setbacks, and other applicable governmental regulations.

As stated in the bylaws, a setback of 5’ on either side of a property line makes up the easement. The easement is to be kept free of all buildings, debris and plant material, with exceptions approved by the county. 

Homeowners, please be aware that this area is to be kept free of all plant material, however, we know many homes have existing plants in their easements. No new plantings will be permitted in the easement areas and if the city or utility needs access, they will tear it out and it cannot be replaced, other than sod/seed.

PROPERTY RENTALS

Property rentals are permitted with restrictions. Property rental leases must be a minimum of 

3-months. At least one permanent resident must be at least 55 years of age. No one under the age of 18 is allowed to reside in The Moore Haven Yacht Club. Renters agree to follow all bylaws, declarations, and rules and regulations. The property owner (landlord) is responsible for their renter’s actions. Any violations will result in fines executed against the property owner. 

Homeowners violating these rules and regulations will be notified and then will be subject to Article III Section 10.

Approved by BOD vote 2/11/2021

    

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1.4 Definitions 1

2. MEETINGS OF MENDERS AND VOTING 1

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2.3 Notice of Annual Meeting 1

2.4 Notice of Special Meetings,. Generally 2

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2.6 Notice ofMeeting to Consider Excessive Budget 2

2.7 Notice of Meeting to Consider Recall of Board Member 2

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2.9 Quorum 2

2.10 Voting 2

2.11 Membership-Designation ofVoting Member 3

2.12 Proxies; Powers ofAttorney 3

2.13 Adjourned Meetings 3

2.14 Waiver ofNotice 4

2.15 Action by Members without a Meeting 4

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2.18 Actions Specifically Requiring Owner Approval 5

3. DIRECTORS 5

3.1 Number and qualifications 5

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3.4 Vacancies 6

3.5 Removal 6

3.6 Resignation 6

3.7 Organizational Meeting 6

3.8 Regular Meetings 6

3.9 Special Meetings 6

3.10 Waiver ofNotice 7

3.11 Quorum 7

3.12 Adjourned Meetings 7

3.13 No Proxy 7

3.14 Presumed Assent 7

3.16 Attendance by Conference Telephone 7

3.17   Meetings Open to Members

3.18   Presiding Offcer

3.19   Minutes of Meetings

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3.20   Executive Committee

3.21   Compensation

3.22   Order of Business

3.23   Election ofDirectors by Owners

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4.1 Maintenance, Management and Operation   of the Propaty

4.2 Contract Sue, or be Sued

4.3 Make and Collect Assessments

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4.5 Lien and Foreclosure for Unpaid   Assessments

4.6 Purchase

4.7 Grant or ModiW 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 Offcial Records

4.13   Obtain Insurance

4.14   Fumish Annual Financial Reports to Members

4.15 Give   Notice ofLiabiIity Exposure

4.16   Provide Certificate of Unpaid Assessment

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4.18   Contract for Operation, Maintenance, and Management

4.19   Pay Taxes Of Assessments Against the Common Areas or

Association   Property

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. OFFICERS

5.1 Executive Officers

5.2 President

5.3 Vice President

5.4 Secretary and Assistant Secretary

5.5 Treasurer

5.6 Compensation

6. FISCAL     MANAGEXE'.1T

6.1 Board     Adoption ofBudget

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6.3 Notice ofBudget Meeting

6.4 Member Rejection ofExcessive Budget

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6.6 Accounting     Records and Reports

6.7 Dqository

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1 ASSESSh,fENTS     AND COLLECTION

7.1 Assessments     Generally

7.2 Special Assessments

73 Charges for Other than Common     Expenses

7.4 Liability fir Assessments

7.5 Collection:      Application ofPayment

7.6 Lien for Assessment

7.7 Collection- Suit, Notice

8. ASSOCIATION     CONTRACTS, GENERALLY

8. I     Fair and Reasonable; Cancellation

8.2 Laundry-Related     Vending Equipment

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8.3 Requirements for Maintenance and Management Contracts 17

9. ASSOCIATION OFFICIAL RECORDS 17

10. OBLIGATIONS OF OWNERS 18

10. I Violations, Notice, Actions 18

11. LIABILITY SURVIVES MErvfBERSHIP TERtm.1ATION 18

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AREAS 19 13, PARLIAMENTARY RULES 19

14. RULES AND REGULATIONS 19

15. I Board May Adopt 19

15.2 Posting and Furnishing Copies 19

15.3 Reasonableness Test 19

15 RESTRICTIONS ON AND REQUIREMENTS FOR USE,

MAINTENANCE,   AND APPEARANCE op PROPERTY

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15.2   Tests for Validity ofRestrictions

16. PRIORITIES CASE OF   CONFLICT

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18. DEFECTIVE   DOCUMENTS: CURATIVE PROVISIONS

19.   Ævm(DMENTS

20. CONSTRUCTION

21. FAIR HOUSNG

   

1. IDENTITY

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1.3. Fiscal Year. The fiscal year of the Association shall be the calendar year.

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1.5. Definitions. For convenience, these Bylaws shall be referred to as 'the Bylaws" and the Articles of Incorporation of the Association as 'the Articles".

2. MEETINGS OF MEMBERS AND VOTING

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2.2. Special 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 ofthe Board of Directors of the Association, and must be called by the President or Secretary on receipt of a written request from at least 10% 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,

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hand delivered to each Owner at the address last furnished to the Association. Owners may waive notice of the annual meeting.

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 of the voting interests to the Board, shall call a special meeting of the Owners within 30 days, on not less than 10 days' written notice to each Owner.

eetin to   Consider Recall of Boar

2. 7.. 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 10% 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.

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2.9. Voting.

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 voting 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.

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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 adjoumed 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

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Gladea  P: 1015

2.13. Waiver ofNotice: 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 for which the waiver is given.

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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.

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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.

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j. Election of Directors.

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m. Adjournment.

Inat:oqø014iB36 Date:Ø6/i4/2Ø05

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:

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a. Amendments to Articles of Incorporation.

b. Purchase of land or recreation-lease.

c. Exercise of option to purchase recreational or other commonly used facilities lease.

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e. Recall of members of Board of Directors.

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3. DIRECTORS

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a. The Board of Directors shall be elected by written ballot.

b. 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.

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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.

Inet:øeøe14i836 Date:Ø6/14/2Ø05

3.4. Vacancies. 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 DirectQ! elected to fill a vacancy shall hold offce only until the next election ofbirectors by the members, irrespective of the length of the remaining term of the vacating Director.

3.5. Removal. Any Director may be recalled and removed from offce 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 by 10% 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 memberYs term of office, the Board member's membership in the Association is terminated for any reason.

3.6. Resignation. 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.

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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.

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InatteøøØ141ß36 DatæØ6/t4/2Ø05 Tie: L5:Ø3

Flint, Gladea  P: 1018—

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Notice of the meeting shall be given 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 property at least 48 continuous hours before 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.

3.11. 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.

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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 meeting Board members utilizing telephone conference calls may be counted toward obtaining a quorum and may vote over the telephone.

Date:OE/14/2ø05

Flint,  P: 1019

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3.18. Presiding Offcer. 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.

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3.21. Compensation. Directors shall serve without pay but shall be entitled to reimbursement for expenses reasonably incurred in the discharge of their duties.

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a. Calling of roll.

b. Proof of notice of meeting or waiver of notice.

c. Reading and disposal of any unapproved minutes.

d. Repons of Officers and committees.

e. Unfinished business.

f. New business.

g Adjournment.

3.23. Election of Directors by Owners. Owners are entitled to elect a member or members of the Board of Directors of the Association.

Inst:øøøø141836 DBte:Ø6/14/20Q5 Tine: i5:øa

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4. POWERS AND DUTIES OF THE BOARD OF DIRECTORS

ALL OF TI--IE POWERS AND DUTIES OF THE association existing under the Articles, and these Bylaws shall be exercised e8clusively by the Board of Directors or its duly authorized agents; contragtors, 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.

Sue, or be Sued. 

4.2.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.

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4.5. LIEN AND FORCLOSURE FOR UNPAID ASSESSMENTS. THE ASSOCIATION HAS A LEN ON EACH PARCEL FOR ANY UNPAID ASSESSMENTS WITH INTEREST AND FOR REASONABLE ATTORNEY' FEES, COSTS, AND EXPENSES INCURRED 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.

4.6. Purchase. 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 I n terest in Recreational Facilities. The Association may enter into agreements, acquire leaseholds, 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 benefit to the

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Inet:OOOt141836 Date:Ø6/14/2005 Tine: 15:Ø3

Flint,  P:1Ø21

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Owners and (2) if they exist or are created at the time these bylaws are initially adopted.

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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.

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4.18. Contract for Operatiom Maintenance, and Management of the Property:

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4 20. Pay Costs of Utilities Service Rendered to the Association 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,

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Flint, Gladee  P: 1022

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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 regulatiqns, 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.

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4.25. Repair or Reconstruct Improvements After Casualties.

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Law. The Secretary shall have custody of the seal of the Association and shall affx 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 offce 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.

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6. FISCAL MANAGEMENT

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a. Administration of the Association b, Management fees.

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d. Rent for recreational and other commonly used facilities.

e. Taxes on Association property.

g. Insurance.

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j. Operating capital.

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6.3. Notice of Budget Meeting. The Board of Directors shall mail a meeting notice and "copies of the pioposed 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.

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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.

DatB\ØS/t4/2Ø05

Flint, Gledea  P: 1025

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 Association.

d. All contract for work to be performed. Bids for work to be performed shall also be considered offcial 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.

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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.

ASSESSIvfENTS AND COLLECTION

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 Owners. Excess

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DC, Joe Flint,  P: 1026

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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.

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Time: 15:03

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.

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b. A statement of the provisions of the Restrictive Covenants or these Bylaws.

And lawållly adopted rules and regulations that have been violated; and

c. A shon and plain statement of the matters asserted by the Association.

The party against whom the fine may be levied shall have an opportunity to respond, to present evidence, and to provide written and oral argument on all issues involved to the Board of Directors and shall have an opportunity at the hearing to review, challenge, and respond to any material considered by the Association. Each day of violation shall be a separate violation. The affected Owner, whether the offending party or not, shall always be given notice of the hearing. No fine shall become a lien against a parcel. No fines may be levied against unoccupied parcels.

8. ASSOIATION CONTRACTS, GENERALLY

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——DC,Joe Flint, Glades  P: 102B

8.2. Laundry-Related vending Equipment . The Board may obligate the Association under lease or other contractual arrangements for laundry related vending equipment.

8.3. Requirements for Maintenance and Management Contracts.

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