Walnut Creek Homeowners Association Bylaws ARTICLE I PURPOSES Section 1. Statement of Purpose. The purpose of this Association shall be to protect and promote the best interest of the residents of Walnut Creek and to promote and strive for the improvement and betterment of all public facilities and services within said area. The term Walnut Creek shall be defined as Walnut Creek Unit #1, including Tract 12. Section 2. Achievement and Limitation of Purposes. This Association shall do everything and anything reasonably and lawfully necessary, proper or suitable for the achievement of the purposes stated above. The above statement of Association purposes shall not be construed as a statement restricting or limiting in any way, the general powers of this Association. ARTICLE 2 MEMBERSHIP Section 1. Definition of a Member. A member shall be defined as those persons whose name is on the property deed within Walnut Creek Development # 1, including Tract 12, and have paid their annual dues for current year. Section 2. Definition of an Associate Member. An Associate Member shall be defined as any person living in a residence in Walnut Creek Development # 1, including Tract 12 residences, and are not listed on the property deed. They are a non voting member. Section 3. Votes. Each member household shall have the right to cast up to two (2) votes, depending on persons on that property deed, on any matters affecting the Association at membership meetings. Any member(s) shall have the right to cast up to one (1) vote each regardless of the number of lots owned. Only paid up members have the right to vote. Section 4. Dues. The mandatory annual dues are $45.00 for each household in Walnut Creek Development # 1, including Tract 12, and shall be due and payable at the WCHOA annual meeting. Dues not paid by a WCHOA Development # 1 household, including Tract 12, within (90) ninety days following an annual meeting shall result in that owner household being considered a non voting member of the WCHOA Development # 1, including Tract 12. The WCHOA reserves the right to place a lien on properties within Walnut Creek Development # 1, including Tract 12, that have not paid their annual dues. The lien would be equivalent to the amount of the current dues each year they are not paid, plus a late fee of $15, plus legal fees. Voting rights will be reinstated immediately upon payment of back dues, plus a late fee of $15. Mandatory dues payments are effective starting January 2015, and back dues would be applicable beginning with 2015.
Section 5. Proration of Dues. Any household purchasing property after February 1 shall be assessed at the amount of one twelfth (1/12) of the annual dues times the months remaining in the fiscal year. Proration may occur during the first (1st) year of residency in Walnut Creek. Section 6. First Year Proration. Any new member household shall have the right to proration of its annual dues for the first (1st) year only and such dues shall be prorated as in Article 2, Section 5. Section 7. Leased Property. When any property is leased or rented, the lessees or renters of such property living in Walnut Creek Development #1, including Tract 12, shall be deemed associate members and do not have voting rights. Covenants are still enforceable and applicable. Section 8. Fiscal Year. Fiscal year shall be defined as the calendar year commencing January 1. ARTICLE 3 MEETINGS Section 1. Annual membership Meetings. An annual meeting for the election of officers of the Association shall be held each January on a date to be set by the executive council. Section 2. General Membership Meetings. General Membership Meetings may be held as called for by the Executive Council. Section 3. Special Meetings. Special meetings of the membership or the executive council shall be called by the president whenever two (2) members of the Association deem them necessary. Section 4. Quorum. A quorum shall be comprised of those eligible voting members present at any membership meeting of the Association. ARTICLE 4 OFFICERS Section 1. Number. The executive council of this Association shall be four (4) in number. A President, Vice President, Secretary and Treasurer. Section 2. President. The president of this Association shall be the chief executive of the Association, charged with the duties of supervising all of its functions. The president shall be an ex-officio member of all committees.
Section 3. Vice President. In the president s absence or in the event of the president s inability to act, the vice president shall perform the duties of the president, and shall oversee the activities of the area representatives pertaining to this association. Section 4. Secretary. The secretary shall conduct the correspondence of the Association, issue notices of and keep the minutes of all meetings of the Association, be custodian of the records, keep roll of all members and discharge such other duties as may be assigned. Section 5. Treasurer. The treasurer shall collect all membership dues, and shall have the care and custody of all the funds and property of this Association. Funds shall be disbursed at the discretion of the Treasurer if under $100. Funds greater than $100 will require the approval of a 2nd Board Member. The treasurer shall submit a report for the preceding year at the annual meeting, and shall render special reports whenever requested to do so by the executive council. The treasurer shall deposit all funds in the name of the Association in such bank (s) as may be designated by the executive council. Section 6. Term. The term of each officer shall be one (1) year. Any officer may be reelected. Section 7. Vacancy. Should any vacancy occur by death, resignation or otherwise, the same shall be filled without delay for the remainder of the year by a vote of the executive council. This appointment shall be temporary, pending confirmation by the general membership at the next membership meeting. Section 8. Resignations. Any officer may resign his/her office at any time. Such resignation shall be made in writing to take effect from the time of its receipt by the executive council, unless a time is fixed in the resignation. The acceptance of the resignation shall not be required to make it effective. ARTICLE 5 COMMITTEES Section 1. Committees. Committees shall be designated and appointed by the executive council as may be required. The committees may have such terms and duties as prescribed by the executive council, and shall be responsible to the executive council. A: Goodwill Committee. The Goodwill committee person shall greet new residents and furnish information concerning WCHOA. In case of illness or death the Goodwill Person shall extend condolences from the WCHOA.
B: Architectural Control Committee. The Architectural Control Committee shall approve or disapprove all architectural submissions for WCHOA Development # 1, including Tract 12. The committee shall consist of three volunteer members. C: Covenant Committee. The Covenant Control Committee shall enforce all WCHOA Development # 1, including Tract 12, covenant violations by sending three violation letters, or contacting verbally. In the event the violation is not corrected, the Covenant Committee will advise the Executive council and recommended legal action will be considered. Jefferson County Ordinances will also be used. D: Communications. Communications Director shall maintain the WCHOA web site with up to date information, and any other communications that are necessary. E: Editor. The Editor shall create and edit the Association newsletter (Rambler) with current affairs concerning the WCHOA. Section 2. Committee Chairmen. Committee chairmen will be elected by the committee and shall be responsible for calling and conducting committee meetings as needed. Section 3. Committee Secretaries. Committee secretaries shall be elected by the committee. The secretaries shall be responsible for taking the minutes at all committee meetings and submitting these minutes to the secretary of the Walnut Creek Homeowners Association. ARTICLE 6 AMENDMENTS Section 1. Bylaws of this Association may be amended or revised by the affirmative vote of two-thirds (2/3) of the eligible voting members present at the annual meeting or at any general or special meeting, provided that a notice of any such meeting contains a summary of proposed amendments. Votes by proxy shall be accepted, if submitted in person in writing to a member of the executive council prior to the meeting. Section 2. Emergency Amendments. In the event of an emergency or if such action is required, the bylaws of this Association may be amended by a three-fourths (3/4) affirmative vote of the executive council, provided that seven (7) days notice in writing or five (5) days notice by phone of such amendments is given to every member household. Any member who objects to any bylaw amendment made pursuant to this section may appear at any subsequent executive council meeting and state his objection, which shall be stated in the minutes of the meeting.
ARTICLE 7 AREA REPRESENTATIVES Section 1. Definition. An Area Representative shall be any member volunteer. Section 2. Appointment and Confirmation. Any member volunteer may be appointed to be an area representative by the vote of the executive council. In the event of a vacancy a new volunteer area representative may be appointed by the executive council. Section 3. Duties. Area representatives are expected to attend executive council meetings, obtain pertinent information on all families living in their districts, accept complaints and refer them to the Executive Council, hand out all information to the members in their districts and keep these members informed of the activities of the Association, recruit new members and handle such duties as the executive council may assign. Section 4. Resignation. Any area representative may resign from his/her office at any time. Such resignation shall be made in writing to take effect from the time of its receipt by the executive council, unless a time is fixed in the resignation. The acceptance of the resignation shall not be required to make it effective. ARTICLE 8 EFFECTIVE DATE The effective date of these revised bylaws shall be January 16, 2018.