Lakeview Meadows Association P.O. Box 104, Lewiston, MI Corporation I.D CONSTITUTION AND BY-LAWS

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1 CONSTITUTION AND BY-LAWS ARTICLE I NAME The is strictly a non-profit and non-sectarian association of homeowners in Lakeview Meadows Subdivision, Lewiston, Michigan. ARTICLE II RULES AND REGULATIONS The Board of Directors shall enforce the rules and regulations pertaining to the use of the Association s common property and facilities, building and use restrictions, social activities, sanitation, pollution, power boats and recreational vehicles. Members are also encouraged to assist the Board in enforcing the Rules and Regulations by bringing violations to the attention of the Board. The Board of Directors shall be responsible for preparing rules and regulations and such other regulations deemed necessary for the better enjoyment of Lot #1 of Lakeview Meadows Subdivision and improvement of the community environment. The official Rules and Regulations of the Association shall be published for the information of property owners and shall be permanently posted, as amended, in all locations. The Board of Directors may also present, from time to time, for consideration and action by the membership, additional use restrictions as they deem to be for the better enjoyment and appearance of Lot #1 of Lakeview Meadows Subdivision. (REFER TO LAKEVIEW MEADOWS RULES AND REGULATIONS) ARTICLE II PURPOSE Section 1. The general purpose and plan of operation shall be for the purpose of maintenance, upkeep, and improvements of LAKEVIEW MEADOWS ASSOCIATION and beach, and for the pleasure and use by the members of the association, and to give consideration to the maintenance and care of the private easement. This association is not organized for business purpose, or pecuniary profit, and no part of any income shall inuro to the benefit of any member or individual, but shall inuro exclusively to the benefit of the association. Section 2. To maintain Lakeview Meadows Lot #1, private access to East Twin Lake, as deemed appropriate by the Association members. Section 3. To protect the property values, and uphold the restrictions and zoning and maintain the general good qualities of homes within the boundaries of the Association. Restrictions as set forth by Albert Township and Montmorency County, Michigan; and the following: 1. No house trailers allowed on said lots. 2. Dwellings shall be erected upon a permanent foundation of stone, brick or concrete, and shall be finished on the exterior with siding; wood or composition shingles, or brick, log, stucco, stone or similar material. All roofs shall be of wood, composition shingles, tile, slate or metal. 1

2 Section 4. To provide an organization, whereby strength in unity may be assembled to achieve the express desires and aims of the membership. ARTICLE III FISCAL YEAR The fiscal year for this Association shall begin on the first day of October and shall end the last day of September of the following year. ARTICLE IV MEMBERS Membership of the shall include any individuals or individual who meets the following requirements: Section 1. The ownership of each lot located among shall constitute the owner(s) thereof as members of the Association, provided that if more than one lot has common ownership, such ownership shall constitute only a single member of the Association. There shall be no more than one member per common ownership. Renters within Lakeview Meadows Association shall not be included in the membership. Section 2. To maintain membership, members must remain in good standing; following all Rules and Regulations, and paying all dues and assessments of. RIGHTS OF MEMBERS Section 3. Every member in good standing shall have the right to participate in all activities of the Association. Membership is not transferable and is terminated upon death, sale of property, gifting of property, resignation or expulsion from membership. VOTING PRIVILEGES Section 4. Each member has the right to vote for the Executive Board, Directors and on any issue brought before the general membership meetings. (Refer to Members Section 1) Section 5. Voting will be done by written ballot when deemed necessary by the Board of Directors. DUES AND ASSESSMENTS Section 6. Each member shall pay annual dues in an amount determined by the budget at the annual meeting. New members shall pay initial annual dues upon admission. Annual dues not paid by August 31st are delinquent. A member failing to remit dues within thirty (30) days after the due date will be dropped from the membership rolls. Section 7. Each member shall also pay assessments authorized by vote of the members for capital or maintenance projects. A failure to pay any installment of an assessment for sixty (60) days after the due date thereof shall cause all unpaid installments of the assessment to become due and payable without further notice or demand. Failure to pay an assessment or an installment when due is a delinquency. Section 8. On or about September 1 st of each year the Board of Directors shall hold a hearing on the day, at the time, and at the place designated by the Board of Directors when all members who are 2

3 delinquent in the payment of dues or assessments may appear and show cause why they should not be suspended or expelled from membership. The Board of Directors shall determine then whether those sanctions against the members are appropriate. Notice of the date, time, and place of the hearing shall be given by written notice, given personally, by mail, or by electronic transmission, not less than seven (7) days before the hearing, to each member who is delinquent. Section 9. Unpaid dues and assessments constitute a lien upon the property prior to all other liens except unpaid ad valorem real property taxes and special assessments imposed by a government entity and sums unpaid on a first mortgage of record. The corporation may enforce collection of delinquent dues and assessments in a suit at law for a money judgment or by foreclosure of the lien that secures payments of dues and assessments. The provisions of Michigan law pertaining to foreclosure of mortgage by judicial action and by advertisement, as they may be amended from time to time, are incorporated herein by reference for the purposes of establishing the alternative procedures to be followed in lien foreclosure actions and the rights and obligations of the parties to such actions. The corporation is hereby granted what is commonly known as a Power of Sale. Section 10. All deeded owners moving into the Association boundaries after the deadline of the membership drive shall be given an honorary membership in the Association for the remainder of the fiscal year with full rights and privileges. ELECTION OF OFFICERS AND BOARD OF DIRECTORS Section 11. Members of the Association shall elect the Board of Directors (5) and the Executive Board; namely, the President, Vice-President, and Secretary-Treasurer at the regular annual meeting. Section 12. The term of office for elected Executive officers shall be for one year. The term of office for the Board of Directors shall be: 2 members for 3 years, 2 members for 2 years, and 1 member for 1 year. They shall be elected at the election meeting to be held in May, and shall assume office at the beginning of the fiscal year October through September. Section 13. The Executive Board and the Board of Directors may appoint any of the officers or agents, as they deem necessary for the transaction of business of the Association. All officers and agents shall respectively have such authority and perform such duties as officers of the Association as may be designated by the Board of Directors or as are provided for by this Constitution and By-laws. Section 14. The Board of Directors shall adopt rules of qualification, admission and expulsion of membership, and constitute liens on member s deeded property for unpaid dues and assessments. ARTICLE V DUTIES OF THE EXECUTIVE BOARD PRESIDENT Section 1. The President shall be the chief executive officer of the Association, and in the recess of the Board of Directors, shall have the general control and management of its business and affairs, subject however to the right of the Board of Directors to delegate any specific power except such as may be, by the Constitution and By-laws, exclusively conferred upon the President, to any other officer or officers of the Association. He/She shall preside at all meetings of the Board of Directors and all general membership meetings. The President shall be an ex-officio member of all committees. As an ex-officio member of all boards and committees, the President of the Association shall have voting authority in the event of a tie of voting members, at their request. 3

4 VICE PRESIDENT Section 2. In case the office of the President shall become vacant by death, resignation or otherwise, or in case of absence of the President, or his/her inability to discharge the duties of his/her office, such duties shall, for the time being, devolve upon the Vice-President, who shall so and perform such other acts as the Board of Directors may, from time to time, authorize him/her to do. SECRETARY-TREASURER Sections 3.a. The Secretary-Treasurer shall have custody and keep account of all money, funds and property of the Association, unless otherwise determined by the Board of Directors, and shall render such accounts and present such statements to them when requested. He shall deposit all funds of the Association which may come into his hands in such bank or banks as the board of Directors may designate. He shall keep his bank accounts in the name of the Association, and shall exhibit his books and accounts at all reasonable times to any Executive Board members or Directors. He shall pay out money as the business may require upon order of the properly constituted officer or officers of the Association, taking proper vouchers therefore; provided, however that the Board of Directors shall have power by resolution to delegate any of the duties of the Secretary-Treasurer to other officers. He shall perform; in addition, such other duties as may be delegated to him by the Board of Directors. Section 3.b. All checks must be signed by the Secretary-Treasurer and any one (1) of the following officers: President, Vice-President, or any designated Board of Directors. Pre-signing of blank check by any one approved individuals is strictly prohibited Section 3.c. The Secretary-Treasurer of this Association shall attend all meetings of the Association and the Board of Directors, and shall preserve in books of the Association the true minutes of the preceding of all meetings. He shall safely keep in his custody so long as he holds the office, said minutes and other necessary records of the Association. He shall perform such other duties as may be delegated to him by the Board of Directors. Section 4. The Secretary-Treasurer shall see that notices of meetings, notices of dues and assessments, minutes of meetings, and all necessary correspondence are properly executed as is detailed by the President and the Board of Directors. Section 4.a. It will also be his duty to keep all records, financial or otherwise, pertaining to the membership of the organization. He shall keep the President informed of delinquent members or any other necessary information pertaining to the membership. He shall forward a complete roster to the President. Section 4.b. He shall collect dues. Section 4.c. In the event of the absence of the Secretary-Treasurer at the general meeting, the President shall appoint a substitute. ARTICLE VI COMPENSATION No officer or director shall receive any salary for his/her services with the exception to the secretary; of which the annual Association dues will be waived for his/her services. 4

5 ARTICLE VII VACANCIES Vacancies on the Board of Directors shall be filled by appointment by the remaining members of the Board, and such person so appointed shall remain in office until his successor is elected by the members, who may make such election at the next annual meeting of the members or at any such meeting duly called for that purpose. ARTICLE VIII REMOVAL If at any time an officer is not exerting his or her efforts for the benefit of this Association, their office shall be declared vacant by two-third (2/3) majority vote of the membership at any general meeting. ARTICLE IX MEETINGS Section 1. There shall be a general meeting during the month of May. The day in the week may be determined by the majority of the Board of Directors at any Board meeting. But, a special meeting may be called at any time by the President or the majority of the Board of Directors. Section 2. The Board of Directors may hold their office and place of meeting in such a place as the majority of the Board may from time to time determine. Section 3. ORDER OF MEETING Robert s Rules of Orders shall govern all meetings. Section 4. QUORUM A majority of the Executive Board and the Board of Directors shall constitute a quorum for the transaction of business, and if at any meeting of the Board of Directors, there shall be less than a quorum, a majority of those present, may adjourn the meeting. Section 5. NOTIFICATION Members shall be given notice prior to all general meetings. ARTICLE X COMPLAINTS AND COMMUNICATIONS Section 1. Upon presentation of a grievance or complaint to the Board of Directors, it shall be acted upon as soon as possible. Section 1.a. Emergency cases shall be given immediate action by any member of the Board of Directors with notification to the President for action, without delay. Section 1.b. All other grievances or complaints shall be decided by a majority vote of the Board of Directors as to whether the said grievance or complaint warrants their action. Section 1.c. Complaints may be made to any member of the Board of Directors or they may be made at any regular meeting or mailed to the Secretary-Treasurer. Said complaints must be written and signed. Section 2. All communications received by officers or members pertaining to the Association in regards to restrictions, zoning, hearings or other matters, shall be forwarded immediately to the Secretary-Treasurer. ARTICLE XI AMENDMENTS The members at any general meeting may alter, amend, add to, or repeal these By-laws by two-thirds (2/3) vote of the members present; provided, however, that such amendments to repeals may be voted on and adopted on the same manner at a special meeting of the members called by the Board of Directors for that specific purpose. 5

6 ARTICLE XII PROPERTIES OF THE ASSOCIATION Section 1. All properties of the Association shall be returned to the newly elected President within one week after assuming office. Section 2. All properties of the Association shall be used only for Association business. ARTICLE XIII BUDGET PROCEDURE The Board of Directors shall present a proposed budget at the general meeting of the fiscal year. The budget shall be presented to the members present at such meeting and vote taken to accept or reject the budget as submitted. The budget shall include the following information: 1. A detailed breakdown of the amounts budgeted for each endeavor. 2. The Board shall not submit a budget wherein anticipated or proposed expenditures are in excess of revenues. 3. The adoption of a budget shall not be construed as authority to any other officer or committee chairman or any other person to expend the amount set forth in such budget, unless such expenditure has been properly authorized. 4. At any meeting after the adoption of the budget the members may vote to amend such budget so as to authorize the transfer the unused balance appropriate for one purpose or another purpose or to appropriate available revenues of a class not included in the annual budget. 5. The Treasurer shall receive and disburse all monies belonging to the Association, and shall keep an accurate detailed account of all money received and disbursed by him and present such records to the Board of Directors. ARTICLE XIV RULES OF GOVERNMENT OF ITS MEMBERS Section 1. The Board of Directors has adopted rules of qualification and government of its members, including rules of admission to, retention of, and expulsion from membership as authorized by Article IV, Section 14, of these bylaws and Section 304(7) of the Nonprofit Corporation Act, M.C.L. 304(7). Section 2. Complaints regarding violations of the rules shall be made in writing and filed with the Board of Directors. Section 3. The Board of Directors shall hold a hearing on the Complaint at which time the Complainant and the Respondent Member may appeal and testify, produce and examine witnesses, and be heard by the Board of Directors regarding the Complaint. Section 4. Notice of the date, time, and place of the hearing shall be given by written notice, given personally, by mail, or electronic transmission, not less than ten (10) days before the hearing, to the Complainant and to the Respondent Member. Section 5. If the Board of Directors finds in favor of the Complainant, it shall penalize the Respondent Member by a membership suspension or by expulsion from membership, if in the judgment of the Board of Directors either of these penalties is appropriate under the circumstances. SUBMITTED BY: Fred W. Morgan and Carol A. Morgan, July 1, 1972 UPDATED BY: Joseph A. Barbeau and Diane M. Barbeau, May 20, 2007 UPDATED BY: Board of Directors on March 15, 2014 Diane Barbeau, Joie Gregorich, Keith Houchins, Jerry Montry, Scott Pesonen 6