South Shore Hills Property Owners Association Bylaws
ARTICLE I. NAME PRINCIPAL PLACE OF BUSINESS, PURPOSES, AUTHORITY
Section 1. Name
The name of this Association shall be South Shore Hills Property Owners Association.
Section 2. Principal Place of Business
The principal place of business shall be within the South Shore Hills subdivision, Unit I or Unit II, at the residence of the current Secretary of the Association unless another location is designated by the Executive Committee.
Section 3. Purposes
The purpose of this Association shall be to promote and protect the interests of its members, and to preserve and protect any properties and/or improvements they shall own in common.
Section 4. Authority
This Association shall operate under authority granted by the State of Michigan and shall be subject to all laws governing similar homeowners Associations, and to the bylaws duly adopted by vote of its members.
ARTICLE II. MEMBERS
Section 1. Definition of Members
The members of this Association shall be all persons and/or entities owning properties within Units I and II of South Shore Hills Subdivision. Such membership shall be automatic upon the purchase of any lot or lots therein.
Section 2. Transfer of Membership
Membership in this Association shall be transferred only by sale or assignment of ownership of any of the lots in this subdivision. Upon satisfactory evidence of such sale or assignment, the membership of the assignor shall be cancelled, the new owner or assignee's name and mailing address shall be entered in the records of the Association, and all rights and duties of membership shall pass to the assignee. All past and current dues must be paid by the seller before such sale or assignment may be completed.
ARTICLE III. GOVERNMENT
Section 1. Officers and Directors
The Association shall be governed by Officers and Directors elected by the membership at their Annual Meeting. Such Officers and Directors must be members in good standing, meaning members with all past and current dues paid and members who are not in violation of any of the rules or regulations provided for in these By-Laws as determined by the Board of Directors, and shall consist of a President, a Vice President, a Secretary, a Treasurer, and three to five Directors. Together, these Officers and Directors shall constitute an Executive Committee, with authority to act on behalf of the Association in the interim between meetings of the general membership. (As amended in Article XVIII)
Section 2. The President
The President shall be a member of the Association and shall be its chief executive Officer; shall preside at meetings of the membership and the Executive Committee, and shall be the chief spokesperson for the Association. The President shall appoint committees for specific duties as needed, and shall be a member ex officio of all committees unless this duty shall be delegated to another.
Section 3. The Vice President
The Vice President shall be a member of the Association and shall assume the duties of the President in the case of absence or inability to serve. In the event the President is unable to complete the term of office, the Vice President shall serve the balance of the unexpired term. The Vice President may serve as chairman or member of any committee, at the pleasure of the President.
Section 4. The Secretary
The Secretary shall be a member of the Association and shall keep a record of all meetings of the membership and the Executive Committee; shall maintain a complete record of names and addresses of all members of the Association; shall carry on the correspondence of the Association, and shall carry out such other duties as may be assigned by the President of the Executive Committee. The Secretary shall issue notices of meeting dates and times as provided in Article IV of these bylaws.
Section 5. The Treasurer
The Treasurer shall be a member of the Association and responsible for maintaining in good order the financial affairs of the Association; shall issue notices of dues and other fees payable to the Association; shall accept, record and deposit in approved accounts such dues, fees and other sums owed to the Association; shall issue payments for any debts owed by the Association as are authorized by the membership or the Executive Committee. The Treasurer shall maintain accurate records of all financial transactions and shall report the same to meetings of the membership and Executive Committee. The Treasurer shall be bonded, such bond to be paid for by the Association.
Section 6. Combined Offices
If approved by the membership at an Annual Meeting, the duties of the Secretary and the Treasurer may be combined and a single person may perform both functions.
Section 7. Directors
Not less than three nor more than five Directors shall be elected at the Annual Meeting. They shall serve as members of the Executive Committee, assisting in the direction of the affairs of the Association between meetings of the general membership. They shall assist and support the President and may serve as members or chairpersons of committees.
Section 8. Voting
Decisions by the Executive Committee shall be by simple majority vote, each member having one vote notwithstanding that he or she may own more than one lot in the subdivision. The President or presiding Officer does not vote.
Section 9. Meetings of the Executive Committee
The President or any three members of the Executive Committee may call a meeting of the Executive Committee as needed to conduct the business of the Association. Notice of such meetings may be by mail; telephone; email, or personal contact, at least six (6) days prior to the date set for the meeting. (As amended in Article XVIII)
Section 10. Quorum of the Executive Committee
Five members of the Executive Committee shall constitute a quorum for the conduct of business if the total number of members of said Executive Committee is eight (8) or nine (9). Four (4) members shall constitute a quorum if the Executive Committee consists of seven (7) members or less.
Section 11. Terms of Office
Members of the Executive Committee shall assume their duties immediately upon election at the Annual Meeting and shall serve terms of one year, or until replaced by their successors.
Section 12. Vacancies
Vacancies among the Officers and Directors caused by death, resignation or inability to serve may be filled by appointment by the President, with the concurrence of a majority of the Executive Committee.
ARTICLE IV. MEETINGS OF THE MEMBERSHIP
Section 1. The Annual Meeting
An Annual Meeting of the general membership of the Association shall be held at the time and place designated by the Executive Committee during Memorial Day weekend. (As amended in Article XVIII)
Section 2. Other Meetings
Other meetings of the general membership may be called by the Executive Committee for special purposes or to conduct the business of the Association.
Section 3. Notice of Meetings
Notice of the Annual Meeting and any special meetings shall be by mail or email through notices prepared by the Secretary and sent at least thirty (30) days prior to the date set for the meeting. (As amended in Article XVIII)
Section 4. Quorum at Meetings of the Membership
A quorum at all meetings of the membership shall consist of those members actually present. Decisions shall be rendered by a simple majority vote of those present and voting.
Section 5. Voting Rights of the Membership
Members in good standing, that is, with all past and current dues paid and not in violation of any of the rules or regulations provided for in these By-Laws as determined by the Board of Directors, shall be entitled to one (1) vote for each lot or building site owned. Where there is more than one owner of any lot or building site, the vote for such property shall be exercised as the owners thereof may determine, but in no event shall there be more than one vote with respect to any lot or building site. (As amended in Article XVIII)
Section 6. Voting by Proxy or Mail
There shall be no voting by proxy. A vote may be taken by mail providing that the matter to be voted upon is clearly set forth in writing and mailed at least thirty (30) days prior to the meeting at which the decision shall be rendered. A ballot shall be included with such mailing and shall include a space for the signature of the owner. To be counted, ballots must be received prior to the meeting at which the decision is to be made.
ARTICLE V. DUES AND FEES
Section 1. Membership Dues
The Association, by vote of the membership, may set annual dues on all lots in the subdivision, Units I and II. The dues shall be the same for each lot. Dues may be raised or lowered by the membership at subsequent meetings or by mail vote by a simple majority of those responding, providing notices of the change are served by mail at least thirty (30) days prior to the date the proposed change shall go into effect.
Section 2. Assessments
The Association may also assess its members, if necessary, an additional amount to cover unusual costs. Such assessments must be approved by the membership at a duly called meeting or by mail vote by a simple majority of those responding, providing notice of the assessment is served by mail at least thirty (30) days prior to the date the proposed assessment will go into effect.
Section 3. User Fees
By vote of its membership, as provided above, the Association may set a schedule of user fees for special uses of common properties, e.g., the placement of docks or slips on the out lots. Such user fees shall apply only to those owners who actually install such equipment or request such special uses. Rules governing these special uses may be adopted by the membership, providing that the rules apply equally to all owners who request such special uses.
Section 4. Uses of Dues and Assessments
Dues and assessments may be used for the normal costs of operating the Association, including supplies, attorneys’ fees, insurance, normal maintenance of the private roads, and maintenance and improvements to the access lots and permanent docks.
Section 5. Delinquent Dues
Dues shall become due and payable by the date of the Annual meeting or June first of each year, whichever date is earlier. Dues become delinquent on the following January first. Delinquent dues become subject to a penalty of fifteen dollars ($15) per lot per year. Delinquent dues, assessments and penalties become a lien against the property on the date of delinquency, and may be recorded against the property. All costs of recording and, in the case of foreclosure, all other necessary fees and expenses, including reasonable attorneys’ fees, shall be the liability of the owner or the seller. Delinquent dues, assessments and penalties shall run with the property and seller shall be liable for the payment of the same.
ARTICLE VI. FISCAL YEAR
The fiscal year of the Association shall run from June first (1st) to May thirty first (31st ) of the following year. The fiscal year may be changed by the Executive Committee for accounting or other good reason. (As amended in Article XVIII)
ARTICLE VII. IDEMNIFICATION OF OFFICERS AND DIRECTORS
Section 1. Remuneration
No Officer or Director of the Association shall receive any remuneration for services to the Association in the execution of the normal duties of the office.
Section 2. Indemnification
Every Officer and every Director of the Association shall be indemnified by the Association against all expenses and liabilities, including counsel fees, reasonably incurred by, or imposed in connection with, any proceeding to which such Officer or Director may be a party by reason of having been an Officer or Director of the Association, whether or not the office was held at the time such expenses were incurred, except in cases of willful misfeasance or malfeasance in the performance of duties; provided that, in the event of any claim for reimbursement or indemnification hereunder based upon a settlement by the Director or Officer seeking such reimbursement or indemnification, the indemnification herein shall apply only if the Executive Committee (with the person seeking indemnification abstaining) approves such settlement and reimbursement as being in the best interest of the Association. The foregoing right of indemnification shall be in addition to and not exclusive to all other rights to which such Officer or Director may be entitled. At least ten (10) days prior to payment of the indemnification which is approved, the Executive Committee shall notify all members thereof.
ARTICLE VIII. PROPERTY SUBJECT TO THESE BYLAWS
The real property subject to the restrictions of these by laws are Units I and II of South Shore Hills, Helena Township, Antrim County, Michigan. Said restrictions apply to each lot sold by declarant, or the successors or assigns.
ARTICLE IX. USES OF THE PROPERTY
Section 1. All lots of the Association must comply with township and county regulations as to size, materials and residential codes.
Section 2. All building sites affixed to said property and all such property shall be used only for residential purposes. Commercial and agricultural activities are specifically prohibited thereon. Home gardens and Home businesses are not considered Commercial activities. Vacation Rentals or Short Term Rental of property for less than 30 days are considered Commercial activities and are prohibited. (As amended in Article XVIII)
Section 3. Noxious and offensive trade or activity shall be prohibited upon such property, nor shall activity be maintained thereon which may be a future annoyance or nuisance to the neighboring lot owners.
Section 4. Mobile homes, travel trailers, motor homes, tents or substandard housing shall be forbidden from being erected, maintained or used for living quarters longer than eight (8) weeks while the main residence is under construction or more than two (2) weeks when used for recreational purposes. (As amended in Article XVIII)
Section 5. Mobile homes, travel trailers, house trailers, motor homes, tents, and substandard housing shall be stored in a suitable garage or removed from the property when not in use as stated in Section 4 above. (As amended in Article XVIII)
Section 6. The selling of any vehicles, boats, boat lifts, trailers, etc. on undeveloped property shall not exceed two (2) weeks, then MUST be removed for a two (2) weeks before item(s) shall again be placed on undeveloped property for up to but not exceeding another two (2) week period. The Association access lots shall NOT be used for sales of any kind. (As amended in Article XVIII)
ARTICLE X. CHARACTER AND SIZE OF BUILDINGS
Section 1. The only buildings permitted on said property are one (1) single dwelling house, designed for occupancy by one family, together with a garage or outbuilding. Buildings shall consist of, at the maximum, three (3) stories including the basement level.
Section 2. Dwellings shall be built on a permanent foundation with a minimum of nine hundred (900) square feet of interior living space.
Section 3. Interior living space means the floor area contained in the main and upper levels inside the exterior walls, excluding patios, basements, cellars, garages and unheated porches.
Section 4. Garages and other outbuildings such as boat houses, workshops or storage sheds may be erected and maintained for the use of the owner, either a part of the main building or as a unity from, provided that separate structures have a minimum of one hundred (100) square feet of floor area, and not in excess of one story and fourteen (14) feet in height. Outbuildings or garages shall consist generally of the same architectural design, exterior material and finish as the main dwelling house.
Section 5. Occupancy of a building shall not be permitted during the course of the original construction, until the same complies with the area and health requirements applicable thereto. Such construction is to be completed within fifteen (15) months.
ARTICLE XI. HEALTH AND SANITATION STANDARDS
Section 1. Said property shall be subject to the sanitation regulations for the District No. 3 Health Department.
Section 2. Septic tank rules under District No. 3 Health Department standards shall prevail.
Section 3. All garbage shall be kept in covered containers. Such garbage shall be removed from said property when there is an accumulation of three (3) bags. Garbage shall not be buried out of doors and shall not be buried on said property. Open garbage pits will not be permitted.
ARTICLE XII. ACCESS LOTS
The access lots shall be dedicated to the Association by the declarant for the use of the lot owners. The Association shall maintain, pay taxes on, and regulate the use of the access lots. The access lots shall not be open to the general public, and guests of the property owners must be accompanied by property owners.
ARTICLE XIII. SETBACKS AND LOCATION OF BUILDINGS
Dwelling houses, garages or other structures must conform to township, county and state regulations.
ARTICLE XIV. LIFE OF THE CORPORATION
This Association shall be a corporation, perpetual in nature.
ARTICLE XV. AMENDMENTS TO THE BYLAWS
These bylaws may be amended by members of the Association at an Annual Meeting or any meeting called for the purpose of amending the bylaws, provided that notice of the meeting and the proposed amendments shall be mailed to all members at least thirty (30) days prior to the meeting. A majority vote of those attending the meeting and those responding by mail shall be deemed sufficient to change the bylaws, providing that notice to all members has been served as outlined above. Amendments shall become effective immediately upon adoption.
ARTICLE XVI. ENFORCEMENT OF ASSOCIATION RULES & REGULATIONS
Section 1. Application of Restrictions
Unless arbitration is elected pursuant to these Bylaws, a dispute or question of whether a violation of any specific regulation or restriction in this section has occurred shall be submitted to the Executive Committee of the Association, which shall conduct a hearing and render a decision in writing, which shall be binding on all Members and other parties with an interest in the Project.
Section 2. Enforcement by Association
All members shall at all times comply with the Rules and Regulations set forth by the Association in a manner consistent with the highest standards of a private community used and occupied for the benefit of the Members and all other persons interested in the Association. The Association shall have the right, in the event of a violation of the restrictions on use and occupancy, to issue a Notice of Violation to the responsible member. For a violation other than use of a property for a Vacation Rental or Short Term Rental less than 30 days, thirty (30) days after the Notice has been issued, the Association may impose a fine of twenty five dollars ($25.00) if the violation has not been resolved. If the violation has not been resolved sixty (60) days after the Notice of Violation, the fine will increase by another fifty dollars ($50.00). If the violation has not been resolved ninety (90) days after the Notice of Violation, the fine will be increased by another one hundred dollars ($100.00). For violations involving use of a property for a Vacation Rental or Short Term Rental less than 30 days, if the Member fails to correct or abate the violation with Thirty (30) days after the Notice has been issued, the Association shall impose a fine of Two Hundred Fifty Dollars ($250.00) per day until the violation has been corrected or abated as required by the Association.
The fines and penalties shall become a lien against the property on the date of issuance and may be recorded against the property. All costs of recording and, in the case of foreclosure, all other necessary fees and expenses, including reasonable attorney’s fees, shall be the liability of the owner or the seller. Assessments and penalties shall run with the property and seller shall be liable for the payment of the same. If a Member fails to correct or abate a violation within Sixty (60) days after a Notice has been issued, the Association, in addition to imposing a fine, may, pursue any and all legal remedies, including litigation in court. (As amended in Article XVIII)
Section 3. Member Enforcement Requests
An aggrieved Member is entitled to make requests to the Association for enforcement of the Association’s Bylaws or Rules and Regulations should violations occur. The Executive Committee shall review all such requests and make a determination pursuant to Article XV, Section 1.
Section 4. Failure to Enforce
Failure to enforce any of the rules or restrictions set forth by the Association will not constitute a waiver of the right of the Association to enforce rules and restrictions in the future.
ARTICLE XVII. ARBITRATION
Section 1. Submission to Arbitration
Any dispute, claim, or grievance arising out of or relating to the interpretation or application of the Association Bylaws or Rules and Regulations and any disputes, claims, or grievances arising among or between Members or between Members and the Association may, on the election and written consent of the parties to the dispute, claim, or grievance and written notice to the Association, be submitted to arbitration; and the parties shall accept the arbitrator’s decision and award as final and binding. The Arbitration Rules for the Real Estate Industry of the American Arbitration Association, as amended and in effect from time to time, shall apply to all such arbitrations.
Section 2. Preservation of Rights
Election by any Owner or by the Association to submit any dispute, claim, or grievance to arbitration shall preclude that party from litigating the dispute, claim, or grievance in the courts. Except as provided in this section, however, all interested parties shall be entitled to petition the courts to resolve any dispute, claim, or grievance in the absence of an election to arbitrate.
ARTICLE XVIII. AMENDMENTS (As amended in Article XVIII)
Section 1. Change to ARTICLE III
Article III, Section 9 of the Bylaws will be amended so that the word “telegraph” is stricken and replaced with “email.” The rest of the Article remains as written.
Section 2. Change to ARTICLE IV
Article IV, Section 1 is amended so the phrase “on the Sunday of Memorial Day weekend” is replaced by “during Memorial Day weekend.” Additionally, Article IV, Section 3 is amended so the phrase “or email” is inserted after the word “mail” and the word “mailed” is replaced with “sent.” The rest of the Article remains as written.
Section 3. Change to ARTICLE VI
Article VI is amended so that the fiscal year of the Association runs from June first (1st) to May thirty first (31st) of the following year. The rest of the Article remains as written.
Section 4. Change to ARTICLE IX
Article IX, Section 4 shall be amended to add the phrase “nor more than two (2) weeks when used for recreational purposes.” Article IX, Section 5 shall be replaced with the phrase “Mobile homes, travel trailers, house trailers, motor homes, tents, and substandard housing shall be stored in a suitable garage or removed from the property when not in use as stated in Section 4 above.” Article IX, Section 6 shall be added with the phrase "The selling of any vehicles, boats, boat lifts, trailers, etc. on undeveloped property shall not exceed two(2) weeks, then MUST be removed for two (2) weeks before item(s) shall again be placed on undeveloped property for up to but not exceeding another two(2) week period. The Association access lots shall NOT be used for sales of any kind." The rest of the Article remains as written.
Section 5 . Change to ARTICLE III
Article III Section 1 shall be amended by adding a definition of the term “in good standing” so that Article III Section 1 shall include members who are not in violation of any of the rules or regulations provided for in these By-Laws as determined by the Board of Directors. The rest of the Article remains as written.
Section 6. Change to ARTICLE IV
Article IV Section 5 shall be amended by adding a definition of the term “in good standing” so that Article IV Section 5 shall include not in violation of any of the rules or regulations provided for in these By-Laws as determined by the Board of Directors. The rest of the Article remains as written.
Section 7. Change to ARTICLE IX
Article IX Section 2 shall be amended by providing specific language identifying Home Gardens and Home Occupations as permitted Residential Uses and identifying Vacation Rentals or Short Term Rentals of less than 30 days as Commercial uses which are prohibited. Article IX Section 2 shall include Home gardens and Home businesses are not considered Commercial activities. Vacation Rentals or Short Term Rental of property for less than 30 days are considered Commercial activities and are prohibited. The rest of the Article remains as written.
Section 8. Change to ARTICLE XVI
Article XVI Section 2 shall be amended so that a specific fine is provided for use of a property for a Vacation Rental or Short Term Rental of less than 30 days to provide for a deterrent and to provide for additional legal action including litigation in court. Article XVI Section 2 shall include For violations involving use of a property for a Vacation Rental or Short Term Rental less than 30 days, if the Member fails to correct or abate the violation with Thirty (30) days after the Notice has been issued, the Association shall impose a fine of Two Hundred Fifty Dollars ($250.00) per day until the violation has been corrected or abated as required by the Association. If a Member fails to correct or abate a violation within Sixty (60) days after a Notice has been issued, the Association, in addition to imposing a fine, may, pursue any and all legal remedies, including litigation in court. The rest of the Article remains as written.
Section 9. Change to ARTICLE XVIII
In order to better define the contents of Article XVIII, the heading of Article XVIII shall be amended so that the heading of Article XVIII shall read as follows: AMENDMENTS. The rest of the Article remains as written.
Original Bylaws Original Bylaws
Approved by the Board of Directors Adopted by the Membership
June 23, 1993 September 5, 1993
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Amended Bylaws Amended Bylaws
Approved by the Board of Directors Adopted by the Membership
August 6, 2011 October 16, 2011
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Amended Bylaws Amended Bylaws
Approved by the Board of Directors Adopted by the Membership
May 25, 2013 August 15, 2013