CHESTERFIELD LAKES SUBDIVISION S HOMEOWNERS ASSOCIATION. INC. BY-LAWS ARTICLE l ASSOCIATION PURPOSE AND POWERS The association has been organized for the following purpose 1. To adopt amend enforce all provisions of the covenants and subdivision restrictions, and all rules and regulations of the Association and these Bylaws. 2. To appoint a lake committee to prepare and amend rules and regulate for the care and use of Lake Mary Ann and Lake Mary Ann Park, Lake Betty and Lake Betty Park and to administer such rules and regulation under the direction of the association s board. 3. To enter into an agreement with owners of all unplatted property abutting Lake Mary Ann park and Lake Betty Park for them to use the lakes subject to all conditions, rules and regulation of the Association including their obligation to pay their share of the lake operating and maintenance costs. 4. To fix, levy, Collect, and enforce association assessments and dues (including lake maintenance assessments and dues) in accordance with the provisions of the Covenants and subdivision restrictions and those By-Laws. 5. To acquire own and maintain Lake Mary Ann, lake Mary Ann park, Lake Betty, Lake Betty Park and the 6 acre Subdivision park shown on Chesterfield lakes Subdivision No s 1,2,3,and 4. (known as Vern Spalding Memorial Park). 6. To do any other thing that, in the opinion of the Board will protect the Association property and membership or enhance the membership s benefit and enjoyment of the property and to exercise all powers, rights and privileges as its Association may now or hereafter have exercise. 4.
ARTICLE ll Definitions Association shall mean and refer to the Chesterfield Lakes Subdivision Home owners Association incorporated and filed with the State of Michigan.. Section 3. Member is the owner purchaser of any lot contained in the recorded Plats of chesterfield Lakes subdivision Nos 1,2, 3 and 4 Macomb County. Lake Committee: Owners of any lot bordering upon a lake park shall also be members of the lake committee (a committee of the homeowners Association) now in hereafter in existence and be bound by the reasonable rules and regulations of said Committee and to maintain membership therein so long as such lot ownership is retained. Each such owner-member shall be subject to assessment for annual dues for lake maintenance to the Association, ARTICLE lll Membership. All owners of lots in the Chesterfield lakes Subdivision Nos. 1,2,3 and 4 shall be members of the association shall abide and be bound by the Articles of Association. These by-laws and reasonable rules and regulation of said association and shall maintain membership herein so long as such lot or site ownership is maintained. The foregoing is not intended to include persons or entries who hold intent merely as security for the performance of an obligation. There shall be one transferred of assigned other than upon transfer of conveyance of an lot representing such membership 5.
. Section 3. The rights and obligations contained in these by-laws and in the rules and regulation adopted by the Board extend to the immediate family of the members who reside in the household and also extend to those persons in the immediate family who are unmarried full-time students who reside in the household when not in school. Homeowners Association It is understood that all lot owners shall be members of the Chesterfield lakes Homeowner s Association. All lot owners agree to accept membership in said association and to abide and be bound by the Articles of Association, by-laws, and reasonable rules and regulation of said association and to maintain membership therein so long as such lot ownership is retained. each owner-member shall be subject to assessment for annual dues to the association no to exceed One Seventy five Dollars ($175.00) unless a larger amount is approved by the owners of 75% of the lots. The rights of membership are subject to the payment when due of annual and special assessment levied by the association. the obligation of assessments as imposed against each owner of and becomes a lien upon said owner s land in all Chesterfield lakes Subdivision against which assessments are made. Such subdivision entrance signs, private subdivision park, lake weed and algae control, maintaining the lake as a storm water retention basin etc. Defaulting members shall be liable to the association for all costs and expenses, including attorney s fees, incurred by the association in collecting unpaid assessments. ARTICLE IV Assessments. Members shall pay annual assessments determined by the Board Initial annual assessments shall be $100 for each lot in the subdivision plus and an additional $250 for each lot or site adjoining lake Mary Ann or Lake Betty. 6.
. Section 3. Section 4 The maximum annual assessment cannot be increased and special assessments cannot be levied unless approved by the majority of the votes of the Member at the Membership meeting held in accordance with these by-laws. Voting and other membership rights for membership may be suspended by action of the Board during any period when an assessment remains unpaid. Upon payment of such unpaid assessment, the rights and privileges shall be automatically restored. The membership year shall be from January 1 to December 31.annual assessments are due and payable in advance on or before January 1 of Member who conveys his/her lot shall be deemed to be transferred to he grantee. Such member is not entitled to refund from the Association. The grantee of the lot from a member whose assessment is delinquent shall be liable for the assessment. ARTICLE V Voting Rights On matters brought to a vote by said members there shall be permitted one Vote for each lot on the Subdivision, said vote to be exercised by the record owner thereof or the designated representative of said record owner. There shall be no cumulative voting. Whenever title to a lot shall be taken in the name of two or more adult persons, either in tenancy in common or in joint tenancy, the membership of that lot shall stand in the names of all persons having interest in the real estate, but such membership shall be entitled to only one vote on any proposition or election and that vote may be cast only by the owner of a lot or a majority of them acting in concert. 7.
ARTICLE Vl BOARD The affairs of the corporation shall be managed by a board, the board will consist of a President, Vice President, Secretary, Member at large and Treasurer. The term of the President shall be 3 years. The term of the Vice president shall be 2 years. The term of the Secretary shall be 3 year. The term of the Treasurer shall be 3 years. The term of Member at large shall be 2 years. At each annual meeting thereafter, the members shall elect the Board Members to fill the existing vacancies. Vacancies on the Board shall be filled by appointment by the majority vote of the remaining directors. Any such Board Member shall hold office until his successor is elected by the members at the next annual meeting of the members ARTICLE Vll Duties of the Board The Board shall have the duties (a) (b) (c) To call meetings of the members whenever it deems necessary and it shall call a meeting at any time upon written request of one-fourth (1/4) of the voting membership, as provided hereunder. To remove at pleasure all agents and employees of the Association, prescribe their duties, fix the compensation, if any, an require of them such security as it may deem expedient; To establish, levy, assess, and collect the assessments, dues, or penalties referred to in these by-laws. 8.
(d) To adopt and publishes rules and regulations governing the use of property and the personal conduct of members and their guests thereon (e) To exercise for the association all powers, duties and authorities vested in or delegated to this association. It shall be the duty of the Board (f) (g) (h) (I) (j) (k) To cause to be kept a complete record of all of its acts and corporate affairs and to present a statement thereof to the Members at the annual meeting of the Members, or at any special meeting when such is requested in writing by those representing at least on-fourth (1/4) of the voting membership; To fix the amount of the assessment for assessment period at least thirty days in advance of such date or period, except as provided in Article lv, section 2 To prepare and maintain a roster of members of the members and property and assessments applicable thereto, which shall be kept in the office of the association and shall be open to inspection by any member (the office of the Association shall be the residence of the current secretary of the Board) To send written notice of each assessment to every owner subject thereto; To issue, or to cause an appropriate officer to issue, upon demand by any person a certificate setting forth whether any assessment has been paid. Such certificate shall be conclusive evidence of any assessment therein stated to have been paid; To collect assessments by legal action including the filling of liens against the Member s property in the Macomb County recorder s office the member affected shall be liable to the association in that process. 9.
ARTICLE Vlll Section 3 Section 4 Section 5 Section 6 Officers The officers shall be President, Vice President, Secretary, Treasurer, And Member at Large The officers shall be chosen by the majority vote of the Members At the annual meeting. The President shall preside at all meetings of the members, shall see that orders and resolution of the board are carried out and shall sign all notes, leases, mortgages, deeds and all other written instruments. The Vice President shall perform all the duties of the President in his/her absence. The Secretary shall record the votes and keep the minutes of all proceedings in a book to be kept for the purpose. He/she shall sign all certificates of membership. He/she shall keep records of the Association. He/she shall record in a book kept for that purpose, the names of all Members of the association together with their addresses as registered by such members. He/she shall co-sign (with the president) all required documents. The books, Records and papers of the Association shall at all times, during reasonable hours, the subject of Inspection by Members at the Home of the secretary The Treasurer shall receive all deposit in appropriate bank accounts all monies of the Association and shall disburse such funds as directed by the resolution of the Board provided, however that a resolution of the board shall not be necessary for disbursement made in the ordinary course of business conducted within the limits of a budget adapted by the Board. The Treasurer shall sign all checks and notes of the association, provided that such checks and notes shall also be signed by the president or secretary. The Treasurer shall be bonded and the cost of such bond shall be paid by the Association. 10.
Section 7 The Treasurer shall keep proper books of account and make a report thereof to the annual meeting of the Members ARTICLE lx The Association shall have such standing committees as shall be designated by the Board in addition to the operating committee of the lakes Association. Lake Committee members shall only be owners from the lake sites. Section 3 ARTICLE X The regular meeting of the members shall be held in the month of January in each year, at the hour of 7:00 P.M. Special meetings of the members, for any purpose, may be called at any time by the Board. Written or email notice shall be given to the Members, by the Secretary. Each member shall register his/her address and email address with the secretary. Notices for meeting will be posted six days in advance at the four entrances to the subdivision and all Members will receive an email Six days before a scheduled meeting. Email and mailed notices will have a list of business to be transacted and the place where meeting is to be held. The Four entrances that will be posted are as follows. 1- Corner of 24 mile and Chesterfield Rd. 2- Corner of Chesterfield Rd. and Christy. 3- Corner of Chesterfield Rd. and Gena. 4- Corner of Chesterfield Rd. and Miela. 11.
Section 4 The presence at the meeting of the votes of a majority of the Members shall constitute a quorum. ARTICLE Xl These by-laws may be amended at a regular meeting of the Members by a vote of a majority of the Members present at the meeting. In case of any conflict between Articles and these By-laws the The Articles shall control: and in case of any conflict between the convents and the restrictions applicable to chesterfield Lakes subdivision and these By-laws the Covenants and restrictions for said Subdivision shall control. ARTICLE Xll Litigation 12.