BYLAWS OF CHATEAUX- LOIRE HOMEOWNERS ASSOCIATION, INC. Reviewed & Approved by the Board of Directors on October 4, 2000 ARTICLE I ORGANIZATION Section 1. Name. The name of this Association is the CHATEAUX- LOIRE HOMEOWNERS ASSOCIATION, INC., incorporated under the General Not- for- Profit Corporation Laws of the State of Illinois on February 20,1974. Section 2. Purpose. The purpose of this Association shall be to protect and promote the best interests of the residents in the area hereinafter set forth; to promote and strive for the improvement and betterment of all public facilities and services within said area; to promote and encourage a better community and civic spirit and to foster good will and friendship between all the residents of said area; to cooperate with county, city, town and village officials and with other civic and public organizations for the general welfare of said area and the entire community of which it is a part. Section 3. Books and Records. The Association shall keep correct and complete records of accounts and shall also keep minutes of the meetings of the members and the Board of Directors. Section 4. Fiscal Year. The fiscal year shall commence on the first day of January each year, and shall be the same for all record keeping purposes, including the accrual and collection of dues and the budget of the Association. Section 5. Seal. The seal of the Association shall be circular and shall show around its circumference the words: CHATEAUX- LOIRE HOME OWNERS ASSOCIATION, INC., And at its center the words and figures: Corporate Seal, 19_, In accordance with the impression made at the margin of this page. ARTICLE II - AREA AND MEMBERSHIP Section 1. Area. Applicants who reside in and occupy single family residences in the Chateaux- Loire Subdivision in DuPage County, Illinois, are required to join this Association. Section 2. Membership. Membership shall be available to resident homeowners in occupancy. Each member shall be entitled to only one membership (and only one vote) irrespective of the number of homes (or lots) owned by a member, and membership shall not be transferable or assignable. Section 3. Responsibilities. All members are expected to attend and participate in annual and special meetings and are encouraged to cooperate with the Administration and accept responsibilities whenever delegated. Section 4. Dues and Fees. The Initiation fee shall be $50.00 per membership. The annual dues of each member of this Association shall be determined by the Board of Directors from year to year and shall be prorated from date of membership to the end of the fiscal year. Any member who shall be in arrears in the payment of dues for a period of thirty (30) days shall be ineligible to vote at any meeting until all such arrears have been fully paid.
ARTICLE III VOTING EXCLUSIVE OF ELECTION OF DIRECTORS Section 1. Right to Vote. All memberships in good standing shall have the right to vote at annual and special meetings. Each membership shall be entitled to one vote. Section 2. Normal Voting. Normal voting shall be by voice vote, or by a showing of hands, or by any method called for by the Chair. A Simple majority of members present or by proxy at any meeting can approve all matters, except that a two- thirds (213) vote of members present or by proxy at any meeting is required to approve any proposed special assessment. Section 3. Special Voting. The Board and/or Officers will provide a list of recommended Board candidates, at the beginning of the appropriate annual meeting. Any additional candidates may be nominated from the floor. Section 5. Proxy Voting. There shall be proxy voting on all issues. Section 6. Counting of Votes. A voice vote shall be decided by the Chair. A show of hands shall be counted by the Teller(s) appointed by the Chair. Section 7. Quorum. No issue shall be decided at any meeting unless a quorum, as hereinafter defined, is present. ARTICLE IV MEETINGS Section 1. Annual Meetings. An annual meeting for the election as designated by The Board of Directors and Officers of this Association shall be before the first Tuesday following December 1 of each year. Section 2. Special Meetings. Special meetings shall be called by the President whenever he shall deem the same necessary or whenever he shall be called upon to do so by a majority of the Board of Directors. Special meetings may also be called upon written request to the Secretary of the Association of ten percent (10%) of the members provided that said request shall be delivered to the Secretary not less than ten (10) days prior to the date requested for said special meeting by the members. Section 3. Notices of Meetings. Notices of all special meetings called by the President, the Board of Directors or the members shall be in writing given to each member by mail, electronic delivery, or independent delivery to the mail box not less than five (5) days nor more than fifteen (15) days before the date set for any such meeting. All notices of any special meeting shall state the purpose of the meeting and only the notice purpose considered at the meeting. Section 4. Quorum. A quorum at all meetings shall consist of at least thirty percent (30%) of members in good standing. Section 5. Time and Place of Meetings. The time and place of the meeting shall be designated by the Board and may be restricted to a two hour period by the Chair. Section 6. Agenda. The agenda of each meeting shall be prepared by
the President with the advice of the Board of Directors. ARTICLE V DIRECTORS Section 1. Composition. The affairs and business of this Association shall be managed by a Board of seven (7) Directors, each of whom shall own a single family residence in the Area and from which seven the Directors shall elect Officers. Section 2. Term. In the interest of continuity, the term of office of each. Director shall be two (2) years and shall be elected every even numbered year. Section 3. Method of Selection. Not less than ten (10) days before the annual membership meeting, the Board of Directors shall present a slate of nominees by mail, electronic delivery, or independent delivery to the mailbox of each member. Not less than ten (10) days before said annual meeting, the membership shall be informed in writing of said slate. Members shall have a right to nominate by written petition any other members in good standing. Section 4. Meetings. Special or regular meetings of the Board of Directors shall be called by the President whenever he deems them necessary or whenever he is called upon to do so by a majority of the Directors. A quorum shall consist of four (4) Directors, and, or officers and a simple majority of all Directors present at any meeting can approve all matters. There will be a minimum of four meeting per year. Section 5. General Powers of the Board. Without limiting the general powers which may be provided by law, The Board shall have the following general powers and duties: (a) To enforce the restriction stated in the 2 nd Declaration of Restrictions for Tall Trees Subdivision, Unit 1, attached hereto as Exhibit A, dated October 9, 1968; (b) To administer the affairs of the Association; (c) To estimate the amount of the annual budget; and (d) To exercise all other powers and duties referred to in these Bylaws. ARTICLE VI OFFICERS Section 1. Number of Officers. The Officers of this Association shall be four (4) in number: a President; a Vice President; a Secretary; and a Treasurer. They shall be elected every 2 years on even numbered years. Section 2. President. The President shall be the presiding officer at meetings of the members and of the Board of Directors. He shall see to the proper functioning of the Association, in general, subject to the orders of the Board of Directors. He shall be ex officio a member of all committees. Section 3. Vice President. In the President's absence or in the event of his inability to act, the Vice President shall perform the duties of the President. He shall also perform such other functions as the Board of Directors may, from time to time, assign. Section 4. Secretary. The Secretary shall conduct the correspondence of the Association, issue notices of and keep minutes of all meetings of the Association, be custodian of the records, keep the roll of all members, and discharge such other duties as may be assigned by the Board of Directors or the President.
Section 5. Treasurer. The Treasurer shall collect all membership dues and shall have the care, custody and responsibility of disbursing of all the funds and property of this Association. Expenditures exceeding $100.00 shall require prior approval of the Officers, and any expenditures exceeding $200.00 must be approved by the Board of Directors. He shall submit a report for the preceding year at the annual meeting and shall render special reports whenever requested to do so by the Board of Directors. He shall deposit all funds in the name of the Association in such bank or banks as may be designated by the Board of Directors. ARTICLE VII VACANCIES Should any vacancy occur in the Board of Directors or Officers by resignation or miss three consecutive meetings, the same shall be filled without undue delay by the Board of Directors for the unexpired term of the Director or Officer vacating. ARTICLE VIII COMMITTEES All committees shall be appointed by the President with the concurrence of the Board of Directors. ARTICLE IX - CONTRACTS AND CHECKS Section 1. Contracts. The Board of Directors of the Association may authorize the President and Treasurer to execute and deliver any instrument in the name of and on behalf of the Association, provided that any authority given to the President and Treasurer shall be in writing for specific instances, countersigned by the President and Treasurer. Section 2. Checks, Drafts. etc. All checks, drafts, or other orders for the payment of money, notes or other evidence of indebtedness issued in the name of the Association, shall be signed by the Treasurer and the President. ARTICLE X AMENDMENTS The Bylaws of this Association may be amended or revised by the Board of Directors at any time or by the affirmative vote of at least two- thirds (2/3) of the members present at the annual meeting or at any regular meeting, provided that the notice of any such meeting contains a copy of the proposed amendment or amendments. ARTICLE XI - SPECIAL ASSESSMENTS ( Passed Unanimous 2/10/76) The Board of Directors may present to the members for their approval such special assessments as necessary to promote improvements, services, and/or annexation. Such action to pass must receive two- thirds (2/3) majority vote of members present at meeting. ARTICLE XIII SIGNED AND FILED
AMENDMENT TO THE BYLAWS OF CHATEAUX LOIRE HOMEOWNERS ASSOCIATION, INC. This Amendment to the Bylaws (this "Amendment") dated as of September 15, 2006 is made by Chateaux Loire Homeowners Association, Inc. (the "Association"). RECITALS WHEREAS, the Bylaws of the Association (the "Bylaws"), dated October 4, 2000 have been reviewed and approved by the Board of Directors (the "Board") of the Association; WHEREAS, the Board desires to amend the Bylaws to establish a mechanism for enforcing the rules And regulations that apply to all in the Association (the "Members"); WHEREAS, pursuant to Article X of the Bylaws, the Board has presented this Amendment to the Association for affirmative vote by the Members; NOW, THEREFORE, the Board declares that the Bylaws have been amended as set forth herein. 1. Amendment. The Bylaws are hereby amended by adding the following Article XII: Article XII- Enforcement of Rules and Regulations Section 1. Rules and Regulations. All Members of the Association shall comply with the rules and regulations ("Rules and Regulations") of the Association, which are set forth as Exhibit A attached hereto. For reference, Exhibit A is taken from Article IV of the Second Declaration of Restrictions for Tall Trees Subdivision Unit No. 1, dated October 9, 1968. Section 2. Violations of Rules and Regulations. If any Member, or any representative, assignee, employee or agent of any Member, shall violate the Rules and Regulations, the Board may initiate proceedings to enforce the Rules and Regulations. The Board shall adhere to the following procedures: (a) The Board shall notify the Member of the infraction by providing a Violation Notice to the Member. The Violation Notice shall be in the form as set forth as Exhibit B attached hereto. (b) The Violation Notice shall set forth a date and time of a meeting at least fourteen ( 14) days from the date of the Violation Notice (the "Violation Meeting"). (c) At the Violation Meeting, the Member shall be permitted to present a defense and evidence regarding the alleged violation to a committee of three members of the Board (the "Enforcement Committee"). (d) The Enforcement Committee shall decide by a majority vote if the alleged infraction is a violation of the Rules and Regulations, and shall report its findings to the Board. (e) Based on the recommendation of the Enforcement Committee, the Board may impose a fine against the Member of up to fifty dollars ($50) per day per violation. Fines shall be paid within thirty (30 ) days after the Board provides notice to the Member. (f) In the event that the Member fails to pay the fine, the Board may file a lien against the Member's property.
(g) All monies received from fines shall be allocated as directed by the Board. 2. Full Force and Effect. Except as amended herein, the Bylaws shall remain in full force and effect. Exhibit B Form of Violation Notice Chateaux Loire Homeowners Association, Inc. VIOLATION NOTICE Date: To: Unit Owner You are hereby served notice that you are alleged to have violated the following Rules and Regulations of the Chateaux Loire Homeowners Association regarding: This violation was caused by: The Enforcement Committee of the Association will review the alleged violations at the following time and place:, at P.M. At such meeting, you will have a right to present a defense and evidence regarding this allegation. After hearing the case, the Enforcement Committee will determine if a violation occurred, and will recommend to the Board of Directors whether a fine should be levied or other action taken. Please be present at this meeting. The Enforcement Committee will proceed on the aforementioned date with or without your presence. Very truly yours,
Chateaux Loire Homeowners Association Board of Directors SECOND AMENDMENT TO THE BYLAWS OF CHATEAUX LOIRE HOMEOWNERS ASSOCIATION, INC. This Second Amendment to the Bylaws (this "Amendment ) dated as of July 31, 2007 is made by Chateaux Loire Homeowners Association, Inc. (the "Association"). RECITALS WHEREAS, the Bylaws of the Association (the "Bylaws ), dated October 4, 2000 (as revised by that Amendment to Bylaws dated September 15, 2006) have been reviewed and approved by the Board of Directors (the "Board") of the Association; WHEREAS, the Board desires to amend the Bylaws to Establish that a quorum at the Annual Meeting may be established by proxy; WHEREAS, Article X of the Bylaws states that the Board may amend the Bylaws at any time. NOW, THEREFORE, the Board declares that the Bylaws have been amended as set forth herein. 1. Amendment. The Bylaws are hereby amended by deleting Article IV, Section 4 and replacing it with the following: "A quorum at all meetings shall consist of at least thirty percent (30%) of members in standing. Such percentage shall be determined by the sum of (i) proxies from members not attending such meeting and (ii) the number of members present at such meeting." 2. Full Force and Effect. Except as modified herein, the Bylaws shall remain in full force and effect.