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New Beach Association, Inc. By-Laws ARTICLE I. MEETINGS & BOARD OF TRUSTEES The annual meeting of New Beach Association, Inc. shall be held on the second Saturday in September at 10:00 a.m. at a designated location. Notice of this meeting shall be sent at least ten (10) days in advance to all lot owners of record. At this meeting, the election of any vacant trustee positions shall be held as herein provided for. The annual financial report will be read and approved by the lot owners in attendance and any other business transacted which may come before the lot owners as a whole. Notice of the annual meeting will include any agenda items that a vote will be held on and the annual financial report will be included in the notice for all lot owners to renew. The board of trustees of New Beach Association, Inc. will consist of five trustees. The term of each trustee will run for three consecutive years from the year of their commitment to serve on the board. Anyone seeking a board position must be in good standing with New Beach Association, Inc. and they must be a lot owner. Any trustee elections will be held at the annual lot owners meeting. An election committee, consisting of three persons, will be appointed at said meeting by the present board of trustees. They shall make sure ballots are cast only by those entitled to do so, which would be a lot owner in good standing. They will count and tally the votes. The votes will be placed in a locked ballot box until the time of the count. During the election, the election board shall be on duty at the ballot box to challenge any voter as they might deem necessary. The election board shall be put under oath. If a vacancy shall occur within any trustee term-this position can be filled at discretion of the remaining board of trustee members. The trustees shall meet within ten ( 10) days after the annual lot owners meeting for the purpose of electing their officers for the year. Officers shall consist of President, Vice- President, Secretary and Treasurer. They will hold office for one year or until their successors are elected. All meetings of the board shall have the order of business as follows:
Any trustee or officer who misses three meetings during the course of the year. without being excused by the President will automatically be dismissed from the Board of Trustees. Officer term limits are from September to September. ARTICLE 2. BOARD POSITIONS President: The president shall preside at all meetings of the lot owners and Trustees. He or she shall supervise the affairs of the Association between meetings of the Board of Trustees and see that all resolutions of the Board are carried into effect and perform such duties as may be required by law, these by laws and the Board of Trustees. He or she shall sign all checks of the Association together with the treasurer. All contracts, notes, mortgages and other obligations of the Association authorized by the Board of Trustees or the lot owners shall require the signature of the President and the Treasurer. The President shall appoint any committees as may be necessary, subject to the approval of the Board of Trustees. Vice-President: The Vice-President shall act for and in place of and instead of the President in his or her absence and shall be vested with the same powers and authority when so acting. Secretary: The Secretary shall keep the minutes of all meetings of lot owners and the Board of Trustees in a permanent minute book that is provided for that purpose. He or she shall give or cause to be given, notice of all meetings of the lot owners and Board of Trustees, and all other notices required by law or by these by-laws. He shall take care of all correspondence for future reference and perform such duties as may be prescribed by the Board of Trustees or the President. Treasurer: The duties of the treasurer shall be to keep full and accurate accounts of all receipts and disbursements in books belonging to the Association. He or she shall disburse the funds of the Association as may be ordered by the Board of Trustees by signing checks along with the President. He or she shall be the bookkeeper or shall review the work of the bookkeeper. ~: All trustees shall be notified of all meetings of the Board of Trustees and along with the other board members vote on all issues and make decisions of association business. Bookkeeper: A paid position authorized by the Board of Trustees. Duties shall include and consist of record keeping and receipting and depositing all payments made to the Association. He or she shall keep accurate accounts of all receipts and disbursements in books belonging to the Association. He or she shall render to the President and the Board of Trustees at their regular meetings or whenever they may require an account of all transactions and of the financial condition of the Association. He of she shall prepare an annual statement showing the revenues derived from all sources, and an itemized statement of all disburse- ments for the benefit of all lot owners. All contracts, insurance papers or other documents of value shall be kept in a safe and secure place. He or she shall see that all bills of the Association are presented to the President and Treasurer for payment and will also make sure that all correspondence, either written or phone messages, are answered accordingly. He or she will prepare and mail statements of assessments due to all lot owners in December of each year and also place liens and late fees on all delinquent accounts. He or she shall work accordingly with the Treasurer on all matters. ARTICLE 3. MANAGEMENT OF COMMON PROPERTY / ANNUAL ASSESSMENTS Section A: The management of the common property shall be under the supervision of the President, subject to the approval of the Board of Trustees. Section B: The annual assessments are due and payable on January 1 of each year. Statements shall be sent to all lot owners previous to this date. Late fees and liens against their property will be added to all delinquent accounts after April lst of each year. Any special assessment voted in by the lot owners will be due and payable the same as the general assessments and be liable for late fees the same as general assessments. Section C: The parks are closed each and every day between the hours of 10:00 P.M. and 7:00 A.M. Anyone entering the parks between these shall be guilty of a misdemeanor and subject to prosecution. Section D: At no time will alcoholic beverages or mind altering substances be allowed in the parks and common ~rounds. Section E: Parking of or driving of automobiles, trucks, campers motor-homes, motorcycles, mopeds ,all terrain vehicles, snowmobiles, or any motorized vehicles of any kind is prohibited in the parks and common grounds. The exception to this rule would be for maintenance equipment. Section F. The parks and grounds are not to be used for personal gain. Section G. No dogs shall be allowed to run at large on the common grounds or streets of New Beach Association, Inc. nor may they be allowed to howl or bark unnecessarily at any time or endanger or frighten children or adults at any time. ARTICLE 4: NEW BEACH ASSOCIATION PROPERTY: No property or equipment belonging to New Beach Association shall be taken from or used outside of the parks or common grounds. No other equipment shall be removed from the parks or common grounds without the approval of the Board of Trustees. ARTICLE 5: SPECIAL MEETINGS: The President of the Association must call a special lot owners meeting upon the written request of any three members of the Board of Trustees or upon written request of at least twenty-five lot owners. ARTICLE 6: AMENDMENTS: These By-Laws shall be amended, altered or revised only in conformity with the following procedure: A resolution or motion in writing, calling for an amendment, alteration or revision shall be presented to all lot owners of record in advance of the annual lot owners meeting or a meeting called for this purpose. It must be read at the meeting and seconded. After due and timely discussion, a vote shall be taken of the proposed by-laws change and it shall require a majority vote of the lot owners present and voting for adoption. ARTICLE 7: IMPROPER CONDUCT: Loud, indecent and profane language. yelling and disturbing the peace or improper exposure will not be permitted. Lot owners must call the local police and report any incidents that they witness so that the authorities can prosecute. ARTICLE 8: SPEED UMITS: The automobile speed limit upon the streets of Woodland Beach Subdivision is 25 m.p.h.. Careless, improper driving and exceeding the speed limits can result in arrest. Your Board of Trustees, desiring to make New Beach Association, Inc. (Woodland Beach Subdivision) a better place for the enjoyment of all lot owners and keeping in mind the best interest of the community as a whole, have adopted the foregoing regulations. BOARD OF TRUSTEES NEW BEACH ASSOCIATION, INC. The original rules were comprised and unanimously carried by the Board of Trustees on April 15,1933. New Beach Association, Inc. trustees adopted same on August 14, 1960 upon receiving new charter. Amended on September 09, 2000. STATE OF MICHIGAN IN THE CIRCUIT COURT FOR THE COUNTY OF MONROE IN CHANCERY J.C. Ellwood and New Beach Assn. NO.5669 Inc. Plaintiffs DECREE -VS.- Woodland Beach, A Michigan non-profit Corporation. Defendant At a session of said court, held in the Court House in the City of Monroe in said County on the 12th day of August, 1960. PRESENT: RON. WILLIAM J. WEIPERT JR. CIRCUIT JUDGE The Above entitled cause having regularly come on to be heard and after a complete hearing and determ1nat1on by the Court of the issues involved. for the reasons which are set forth at length in a written opinion tiled by the County; IT IS ORDERED, ADJUDGED AND DECREED : (1) That the plaintiff, J.C. Ellwood and all other persons owning lots or having a interest in the ownership of same WOODLAND BEACH SUBDIVISION have a common right to use and enjoyment of all parks, clubhouses, streets and beaches as described and dedicated upon the recorded plat of WOODLAND BEACH as re- corded in Liber 5 of Flats on pages 19 to 21 of Monroe County Register of Deeds Office, Monroe Michigan and that said common rights are an essential part of the value of every lot in said subdivision. (2) That the owners of each lot have a common obligation to pay on a lot basis to the duly authorized trustee, uniform dues for the upkeep and protection of their common rights and to secure to that end, the trustee has a lien on each lot for that purpose and may foreclose the same if necessary. (3) That the Plaintiff, J.C. Ellwood, and all other persons having interest in the ownership of lots, have a common right to petition this Court for the appointment of a trustee whenever there is a vacancy in that office. as well to petition for the removal of a trustee for just cause shown and proved. That the plaintiff J.C. Ellwood, has the right to suggest and nominate a successor trustee. (4) That the plaintiff, NEW BEACH ASSN., INC., a Michigan non-profit it corporation, was expressly organized for the purpose of acting as successor trustee to Woodland Beach, a Michigan non-profit corporation, whose right to act as trustee in the premises, terminated with the expiration of its Articles of Incorporation on July 21st, 1959. (5) That the plaintiff, New Beach Assn., Inc., is well qualified to act as trustee ad by the terms of its Articles of Incorporation presents the best plan for supervision and control of the common interest by the lot owners, all of whom have a right to membership in the New Beach Assn., and a right to vote for the Board of Trustees, provided that no lot shall cast more than one vote toward the election. IT IS FURTHER ADJUDGED, ORDERED AND DECREED: (1) That the plaintiff. New Beach Assn.. Inc.. a Michigan non-profit corporation. be and it is hereby appointed ad authorized to act as successor trustee to defendant. Woodland Beach. a Michigan non-profit corporation and in that capacity has a right to fully control the parks, clubhouses, streets, and other buildings and places within Woodland Beach Subdivision: the use and enjoyment of which is conferred in common to all persons having ownership in lots in this subdivision, and may impose and enforce all reasonable restrictions and regulations as in its judgment may be necessary to fully preserve the right of lot owners in said subdivision in their common use and enjoyment thereof and all lot owners are bound to abide by such reason- able rules and regulations. (2) That in its capacity as trustee, the New Beach Assn., Inc., shall have a right to assess dues for the operation and upkeep of the common rights and to that end shall have a lien on each lot for the same, as set forth at length in the original deeds of purchase and may foreclose the same in this Court. (3) That the said plaintiff, New Beach Assn., Inc., is vested with the ownership in fee in the parks, clubhouses, beaches and highways located within the plat known as Woodland Beach, as recorded in Liber 5 of Plats on pages 19 to 21, Monroe County Michigan Register of Deeds Office; said title nevertheless is held in trust for the use and benefit of all persons having an interest in the ownership of lots in said subdivision. (4) That said successor trustee, New Beach Assn.. Inc., is hereby vested with ownership to all cash on hand, delinquent assessments, accounts, two trucks, and mower and clubhouse furnishings now owned by defendant Woodland Beach, and is to assume and pay any outstanding indebtedness of the defendant Woodland Beach, and that successor trustee shall have the right to foreclose if necessary the liens of the former trustee for delinquent assessments. IT IS FURTHER ORDERED, ADJUDGED AND DECREED: (1) That the defendant, Woodland Beach, be and is hereby directed ad authorized to transfer without delay all its rights, title ad interest in and to the real estate and personal property heretofore described and enumerated. WILLIAM J WEIPERT JR . Circuit Judge DANIEL E. FOLK County Clerk
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