THE BYLAWS HEREIN ARE RESTATED BYLAWS AND SUPERSEDE ALL PREVIOUS BYLAWS INCLUDING BUT NOT LIMITED TO THOSE ORIGINALLY ADOPTED BY HONEYMOON LAKE COMMUNITY CLUB, INC. ON SEPTEMBER 24TH, 1968 AND NOT RECORDED, WHICH WERE AMENDED JULY 29 1993 AND RECORDED OCTOBER 1, 1993 UNDER AFN 93019856, THOSE AMENDED JULY 7, 1995 AND RECORDED JULY 18, 1995 UNDER AFN 95011087, THOSE RECORDED JULY 10, 1997 AND RECORDED UNDER AFN 97010670, AND AMENDMENTS DATED MARCH 18, 1999 AND RECORDED UNDER AFN 99006948.
The Governing Documents of the Corporation and all of the definitions for the terms used
therein and herein are described in Article 1 (PURPOSES AND DEFINITIONS) herein. The definitions
are incorporated herein by this reference as though fully set forth.
PURPOSES AND DEFINITIONS
1.1 Non-Profit Organization. The Corporation shall be conducted as a non-profit social and maintenance organization for the purposes set forth in the Articles of Incorporation for the benefit of its Members who collectively are the owners of parcels of real property (“LOTS” herein) legally described in Paragraph 1.12 herein.
1.2 “The Property”. “The Property” herein shall mean all land encompassed within the Plat of HONEYMOON LAKE, DIVISIONS 1 and 2 and Lot 0 legally described as follows:
SITUATE IN THE COUNTY OF ISLAND, STATE OF WASHINGTON:
DIVISION 1:LOTS 1-93. Plat of HONEYMOON LAKE, DIVISION NO. 1, according to the Plat thereof recorded in Volume 10 of Plats, Pages 44-46, records of the County Auditor of Island County, Washington.
DIVISION 2:LOTS 1-71. Plat of HONEYMOON LAKE, DIVISION NO. 2, according to the Plat thereof recorded in Volume 11 of Plats, Pages 38-40, records of the County Auditor of Island County, Washington.
LOT 0:TRACT C of SURVEY recorded April__, 1962, in Volume 29 of Miscellaneous Records, page 477, under Auditor’s File No.143914, records of Island County, Washington. NOTE: The date in April, 1962 was illegible in the records of the title company.
1.3 “Corporation Property”. The property owned by the HONEYMOON LAKE COMMUNITY CLUB and managed on behalf of its Members (“CORPORATION PROPERTY”, herein) consists of the parcels of real property (“TRACTS” herein), all of which lie within DIVISIONS 1 and 2 described above and legally described as follows:
SITUATE IN THE COUNTY OF ISLAND, STATE OF WASHINGTON:
HONEYMOON LAKE:Tract A, PLAT of HONEYMOON LAKE, DIVISION NO.1, according to the Plats thereof recorded in Volume 10 of Plats, Pages 44 - 46, records of the County Auditor of Island County, Washington.
WELL:Tract B, PLAT of HONEYMOON LAKE, DIVISION NO.1, according to the Plats thereof recorded in Volume 10 of Plats, Pages 44 - 46, records of the County Auditor of Island County, Washington.
DAM:Tract C, PLAT of HONEYMOON LAKE, DIVISION NO.1, according to the Plats thereof recorded in Volume 10 of Plats, Pages 44 - 46, records of the County Auditor of Island County, Washington.
EXCEPT that portion described as follows:
Beginning at the most Northerly point of Lot 42 of said Plat of Honeymoon Lake, Division No. 1; Thence S 57°53'49" E to the most Easterly point of said Lot 42; Thence N 45°49'44" E along the Northerly line of Honeymoon Lake Drive, a distance of 15 feet; Thence N 57°53'49"W 95 feet; Thence Northwesterly in a straight line to the point of beginning.
GREEN BELT:Tract D, PLAT of HONEYMOON LAKE, DIVISION NO.2, according to the Plats thereof recorded in Volume 11 of Plats, Pages 38-40, records of the County Auditor of Island County, Washington.
GREEN BELT: Tract E, PLAT of HONEYMOON LAKE, DIVISION NO.2, according to the Plats thereof recorded in Volume 11 of Plats, Pages 38-40, records of the County Auditor of Island County, Washington.
CLUBHOUSE:TRACTA of SURVEY recorded April __, 1962, in Volume 29 of Miscellaneous Records, page 477, under Auditor’s File No. 143914, records of Island County, Washington. NOTE: The date in April, 1962 was illegible in the records of the title company.
POOL:TRACT B of SURVEY recorded April __, 1962, in Volume 29 of Miscellaneous Records, page 477, under Auditor’s File No. 143914, records of Island County, Washington. NOTE: The date in April, 1962 was illegible in the records of the title company.
1.4 Property Maintenance. The Corporation shall maintain the dam on Honeymoon Lake, as well as
the other Property owned by the Corporation, and shall operate and maintain the community water supply system for the benefit of the Members of Honeymoon Lake Community Club.
1.5 “ANNUAL MEETING”: shall mean a meeting of the Membership on a Sunday in March every year to elect Directors and Vote on business on the agenda provided by the Board of Directors.
1.6 “BALLOT”: shall mean a document on which a Member may cast a Vote. Ballots may be used
at meetings or for voting by electronic transmission or mail where authorized in the Governing Documents.
1.7 “CLUB”: shall mean Honeymoon Lake Community Club, a Washington Non-Profit Corporation.
1.8 “DELINQUENT” refers to financial obligations owed to the Club which remain unpaid between
close of business on the last day of the Late grace period and the date when the amount constitutes a lien on the Lot.
1.9 “GOVERNING DOCUMENTS” shall consist of:
1.9.1 ARTICLES OF INCORPORATION approved by and filed with the Secretary of State of Washington.
1.9.2 BYLAWS approved according to the procedure set forth in the previous BYLAWS and recorded in Island County.
1.9.3 DECLARATION OF COVENANTS AND RESTRICTIONS approved according to the procedure set forth in the previous DECLARATION OF COVENANTS AND RESTRICTIONS and recorded in Island County.
1.9.1 RESOLUTIONS: A formal statement of opinion or determination adopted by the Board of Directors or Membership.
1.9.5 RULES: Authoritative regulations for conduct or procedure established and approved by the Membership.
1.10 “INTEREST” shall mean the financial penalty applied to any unpaid financial obligation to the
Club by the LATE DATE. The financial penalty shall be applied at the rate described in Article 7 (DUES, FEES, ASSESSMENTS AND LIENS), Paragraph 7.6.3 herein.
1.11 ‘LATE” refers to financial obligations owed to the Club which remain unpaid by the end of the grace period prior to the LATE DATE. Interestcommences on the LATE DATE.
1.12 “LOT” shall mean Real Property owned by a Member or Members that has been assigned a
single tax parcel by Island County OR two (2) lots which have been legally combined by Island County as a precondition for residential construction and may have only one (1) residence and one (1) water connection and therefore cannot be sold separately without conforming with county subdivision laws.
1.13 “MEMBER” shall mean LOT owner.
1.14 “MEMBERSHIP” shall mean collective LOT owners of the CLUB; status as a Member.
1.15 “PROXY” shall mean a person who is authorized by a Member to represent him/her in a meeting.
The CLUB does not allow proxies. Only Members may be present at meetings except for special guests or speakers invited by the Membership.
1.16 “Quorum” shall mean those Members present in person at any meeting of the Membership of the
Corporation. Those Members present shall transact any business appropriate to a Members meeting.
1.17 “TRACT” shall mean Real Property also known as Corporation Property which is owned by the
Honeymoon Lake Community Club.
1.18 “VOTE” shall mean the expression of one’s will or choice in regard to a decision to be made
by the Membership as a whole upon any proposed measure or proceeding. Each LOT entitles owner(s) to one (1) vote.
1.19 Alteration of Purpose. The purposes for which this corporation has been created may be altered, modified, enlarged or diminished by the vote of two-thirds (2/3) of the Members present at any Annual Meeting or at any Special Meeting duly called for that purpose.
MEMBERSHIP
2.1 Owner and Purchasers. The Membership of the corporation shall consist of and be limited to the owners or contract purchasers of Lots in the area described in Article 1(PURPOSES AND DEFINITIONS) of these Bylaws. The privileges and facilities of the Club shall be extended to owners, families, domestic partners, and children living in the residence, and may be extended to guests under such rules as the Board of Directors may prescribe.
2.2 Inseparable From Lots. Only Lot owners may be Members. Membership shall be inseparably appurtenant to the Lots owned or being purchased by the Members, and upon the transfer of ownership or the making of a contract for the sale of any such Lot, the Membership appurtenant thereto shall be deemed to be transferred to the contract purchaser or grantee. No Membership may be conveyed or transferred in any other way INTER VIVOS (between living persons). Upon the death of a Member, his or her Membership shall pass in the same manner and to the same persons as does the Real Property itself.
2.3 Membership and Voting Rights. Only Members may Vote. Voting rights of Members are defined
in Article 3 (MEMBERSHIP MEETINGS), Paragraph 3.4 herein.
MEMBERSHIP MEETINGS
3.1 Annual Membership Meeting. Annual meetings of the Members of the Corporation shall be held at the principal place of business of the Corporation at 4343 Honeymoon Bay Road, Greenbank, Washington, on a Sunday in March of each year, or at such other place as the Board of Directors may elect.
3.2 Notice of Annual Meetings. The Secretary shall deliver the notice in person, by electronic
transmission according to current law or by pre-paid First Class US mail, to the mailing address of each owner or to any other mailing address designated in writing by the owner, not less than fourteen (14) days nor more than sixty (60) days prior to the meeting, as required by RCW 64.38.035(1). The notice shall state the time and place of the meeting and the business to be placed on the agenda by the Board of Directors for a Vote by the Members. The notice shall contain a general description of the matters to be considered and voted upon at the meeting. The notice shall include any proposed budget or changes to a previously approved budget that result in a change in dues, fees or assessment obligations.
3.3 Special Membership Meetings. Special Meetings of the Members of the Corporation may be called at any time by the President, or a majority of the Board of Directors, or by the Secretary upon receipt of written request thereof signed by Members owning at least ten percent (10%) of the Lots within the jurisdiction of the Corporation. Notice of a Special meeting, stating the purposes thereof, shall be given by the Secretary to all Members in the same manner as notice is given for the Annual Meeting, except that it shall be given not less than fourteen (14) days prior to the date of the meeting.
3.4 Voting. Each LOT entitles the owner(s) thereof to one (1) vote. Regardless of the number of
owners per Lot, no more than one vote shall be cast between them. The Vote for any Membership may be cast by any owner without presentation of authority from any other owner of the same Lot. One person may not hold more than one Membership except temporarily, as executor or administrator during probate proceedings or as guardian or trustee. In the case of a Lot with more than one (1) owner, when owners disagree on a particular Vote no Vote shall be cast.
3.5 Proxy. All Votes must be cast in person during any meeting at which business is conducted EXCEPT Votes on Amendments to these Bylaws which shall be by Ballot. A Ballot is not a Proxy.
3.6 Members With Past Due Accounts. Members with outstanding financial obligations to the Club
shall not be eligible to Vote until payment is made in full including, but not limited to, Interest and administrative costs.
MANAGEMENT BY DIRECTORS
4.1 Board of Directors. The business and Property of Honeymoon Lake Community Club, Inc. shall be managed by a Board of Directors. The number of Directors who shall manage the affairs of Honeymoon Lake Community Club, shall be an uneven number not fewer than three (3) and not more than nine (9), as provided in the Articles of Incorporation, Article 8 (MANAGEMENT BY BOARD OF DIRECTORS).
4.2 Compensation. Members of the Board of Directors or their Assistants shall receive
compensation for their services to the Corporation, which shall be discussed, determined, reviewed and voted on at each Annual Meeting. Members of the Board of Directors, their Assistants and Members shall be reimbursed for such reasonable and pre-approved expenses as they may necessarily incur in pursuance of the business of the Corporation.
4.3 Election of Directors. As required by RCW 64.38.025 (4), the Directors of the Corporation shall
be elected by a majority Vote of the Membership of the Corporation present (a Quorum) at the Annual Meeting of the Membership. One Director is to be elected each year, to serve until a successor is duly qualified and elected.
4.4 Officers of The Board. At the meeting of the Board of Directors immediately following the Annual
Membership Meeting, the members of the Board of Directors shall elect from their members the following officers: President, two (2) Vice Presidents, Secretary and Treasurer. All such officers shall be officers of the Corporation. The President of the Board of Directors shall be President of the Corporation. Any officer, other than the President, may occupy two (2) offices concurrently if the Board of Directors so desires. The Board of Directors may also at any time appoint an executive secretary, and/or assistant secretary and/or assistant treasurer, who shall be members of the Corporation, and whose terms of officeshall coincide with those of the officers whom they assist.
4.5 Board Vacancies. In the event a Director can no longer qualify as an owner or purchaser of a Lot, and ceases to be a Member, he or she shall thereupon also automatically cease to be a Director, and his or her officeshall become vacant without the necessity of any action by the Board of Directors, which shall nonetheless note that fact in the minutes of its next meeting. Any vacancy occurring in an elective officeshall, and any vacancy occurring in an appointive office may, be filled by majority vote of the remaining Directors. A Director appointed to fill a vacancy shall hold officeuntil the next Annual Meeting of the Members, at which time they shall elect a Director to fill the unexpired balance of the term, if any, of the office in which the vacancy occurred.
4.6 Board Meetings. The Board of Directors of the Corporation shall hold at least four (4) quarterly meetings each year, the first of which shall be immediately following the Annual Membership Meeting and such other special meetings as the President of the Board of Directors shall deem necessary for the competent management of the affairs of the Corporation.
4.7 Board Voting. A majority of the Board of Directors shall constitute a Quorum. Each member of the Board of Directors shall possess one vote in matters coming before the Board. All voting at meetings of the Board of Directors shall be by each member in person, and voting by proxy shall not be allowed. A majority of the Quorum at any regular or duly called meeting to which notice is given is necessary to pass Resolutions and approve other actions of the Board of Directors.
4.8 Absences. Un-excused absence from three (3) consecutive meetings of the Board of Directors
shall be due cause for removal of a Director.
4.9 Removal of Directors. Any Director may be suspended or removed by a majority vote of all the Directors. Any Director may also be removed from office by a two-thirds (2/3) Vote of the Membership present at any regular or special meeting of the Membership of the Corporation. Notice of the proposed removal of a Director must be given to said Director prior to the date of the meeting at which such removal is to be voted upon. Such notice to the Director must state the cause for the proposed removal.
4.10 Bonding. All officers or other persons authorized to handle or disburse the funds of the Corporation
shall be bonded, at the expense of the Corporation, in such amounts as the Board of Directors shall determine to be adequate for the protection of the Corporation.
4.11 Term Limits. Directors shall serve terms of two (2) years. An election of at least one (1) position shall be held at each Annual Meeting. There is no limit on the number of successive terms a Director may serve.
POWERS AND DUTIES OF DIRECTORS
5.1 Transact Corporation Business. Subject to any limitations in the Articles of Incorporation and these
Bylaws, and the laws of the State of Washington, all the business and affairs of the corporation shall be controlled by the Board of Directors. Without prejudice to such general powers, and subject to the same
limitations, it is hereby expressly agreed that the Directors shall have the following powers and duties:
5.1.1 Elect, Employ and Remove Others. To elect, employ and remove all officers, agents and employees of the Corporation, prescribe such powers and duties for them, fix their compensation, if any, and require from them security for faithful performance as may be consistent with the laws of the State of Washington, the Articles of Incorporation and these Bylaws.
5.1.2 Keep Records. Keep a complete record of all minutes and acts, and present a full statement to the regular Annual Meeting of the Members, showing in detail the condition of the affairs of the Corporation, including a report of covenant violations and the remedies effected.
5.1.3 Collect Monies. To collect, keep safe in a bank or banks of their choosing, and disburse the annual dues, fees, charges and special assessments as provided in the Declaration of Covenants and Restrictions applicable respectively to the Propertyand as provided elsewhere in these Bylaws.
5.1.4 Enforce Covenants. To do whatever may be reasonable, necessary and proper under the law for the enforcement of the provisions of the Declaration of Covenants and Restrictions. The Directors are authorized to appoint committees of not less than three (3) nor more than nine (9) Members of the corporation, to deal with each specific area of interest as outlined in these Bylaws. The committee members shall serve at the pleasure and direction of the Directors.
5.1.5 Operate Water System. To maintain, operate, modify, and improve the water supply system and fire hydrant system serving the Property, consisting of the reservoir, pumping plant and well, Corporation Property, the pipe lines, hydrants and other parts of the system. To collect hookup fees and water user fees as may be determined by the Membership Voting at any Annual or special Membership meeting, and to keep records of such, monies separate from those of annual dues. To appoint or employ a water system manager, who shall serve at the pleasure and direction of the Directors, to oversee operation of the water system and ensure it is operated safely and legally.
5.1.6 Expend Monies. The Board shall not spend in excess of One Thousand Dollars ($1,000) for any non-emergency or non-budget expenditure and/or any approved budget item overrun without approval of the Membership.
5.1.7 Propose Amendments to Governing Documents. The Board shall propose amendments to the Governing Documents as provided herein and in each of the Governing Documents:
BYLAWS. Special notice provisions and procedures (including Quorum and approval thresholds) for amendment of these Bylaws are set forth in Article 9 herein.
DECLARATION OF COVENANTS AND RESTRICTIONS. Special notice provisions and procedures (including Quorum and approval thresholds) for amendment of the Declaration of Covenants and Restrictions are as set forth in Article 5, paragraph 5 therein.
ARTICLES OF INCORPORATION. Special notice provisions and procedures (including Quorum and approval thresholds) for amendment of the Articles of Incorporation are as set forth in Article 10 therein, in conformity with RCW 24.03.165.
ARTICLE 6
DUTIES OF OFFICERS
6.1 President. The President shall act as Chairman at all meetings of the Members and preside at all meetings of the Board of Directors. He or she shall co-sign as President all contracts or instruments for the corporation, and perform such other duties as may be required of him/her by the Board of Directors. All contracts require the signatures of both President and Secretary.
6.2 Vice-President. A Vice-President shall preside at all meetings in case of the absence or disability
of the President, assuming all duties of the President during such periods of absence or disability, and shall perform such other duties as the Board of Directors may require. A Vice-President, or other Board member as directed, shall serve as Building Committee Chairman and form a committee of not less than three (3) Members to review plans and specifications for buildings, structures, fences, sewage systems and land clearing before issuing written approval for such construction to commence, as provided in Article 2 (COVENANTS AND RESTRICTIONS), Paragraph 2.8 of the Declaration of Covenants and Restrictions.
6.3 Secretary. The Secretary shall issue all notices and shall attend and keep the minutes of all
meetings of the Members and of the Board. He or she shall have charge of all corporate books, records and papers and the Corporate Seal. He or she shall attest with his or her signature and impress with the Corporate Seal all instruments executed for the corporation. The Secretary shall certify all minutes of meetings and all separate Resolutions of the Board. All contracts require the signatures of both President and Secretary with the Secretary having certified that a proper Resolution of the Board has been passed.
He or she shall perform such other duties as are incidental to his or her office or as may be required by the Board of Directors. He or she shall make corporate books and records available to any member upon reasonable notice during normal business hours.
6.4 Treasurer. The Treasurer shall receive, keep safely, and deposit in such bank or banks, as may
be designated by the Board of Directors, all funds, securities and liquid assets of the corporation, in its name, and for its account. He or she shall disburse funds of the corporation only under the direction of the Board of Directors on checks signed by him or herself and one other Board member. He or she shall keep full and accurate books of account and shall make such reports of the finances and transactions of the corporation as may be required by the Board of Directors, and shall prepare and present to the Annual Meeting of the Members a full statement showing in detail the financial condition of the affairs of the corporation.
6.4.1 Statute RCW 64.38.045 requires that associations receiving annual assessments of fifty thousand dollars ($50,000) or more must have a full audit at least annually by an independent Certified Public Accountant. In the event the Club receives fifty thousand dollars ($50,000) or more in annual assessments, the audit may be waived, however, if sixty seven percent (67%) of the Votes cast by Members present at a meeting of the association at which a Quorum is present, Vote each year to waive the audit. The Board of Directors will establish a separate policy for internal audits and the Treasurer will insure that the policy is followed.
6.4.1.1 The Treasurer shall have the financial records of the Club audited by a committee of the Membership, prior to the Board of Directors meetings and the Annual Meeting. The audit committee chairman will report audit findings to the Board of Directors, quarterly, and the Membership, annually.
6.5 The Executive Secretary and/or Assistant Secretary and/or Assistant Treasurer. If appointed by
the Board of Directors, shall perform such duties as may be designated by it.
ARTICLE 7
DUES, FEES, ASSESSMENTS AND LIENS
7.1 Obligation for Payment. All Lots (as defined in Article 1 (PURPOSES AND DEFINITIONS),
Paragraph 1.12 herein) are subject to Dues, Fees, and special charges and Assessments for the purposes of financing the activities of the Club, maintaining the water system, maintaining the Club facilities, enforcing these covenants, and maintaining the dam installed for the creation of Honeymoon Lake according to the specifications of the Department of Ecology of the State of Washington.
7.2 Budget. As required by RCW 64.38.025 (3) and 64.38.035(1), the Board of Directors shall prepare
a proposed Budget in advance of the Annual Meeting. The proposed Budget shall contain a Schedule of Annual Dues, Water Fees, Special Assessments, Due Dates, Late Dates, Interest rates, Delinquent Dates and associated costs. The format for the Schedule is generally as set forth below (Paragraph 7.6).
7.3 Special Budget. Should prudence dictate a change or addition to Dues, Fees or Assessments
before the next Annual Meeting, the Board of Directors shall prepare a proposed Budget and within thirty (30) days thereof schedule a Special Membership meeting to discuss and approve a revised Budget, as required by RCW 64.38.025(3).
7.4 Notice of Annual and Special Meetings shall be as set forth in Article 3 (MEMBERSHIP
MEETINGS) herein. The notice shall include any proposed changes to a previously approved budget that result in a change in dues, fees and/or assessment obligations.
7.5 Budget Approval. The Budget and the Schedule of Dues, Fees and Assessments shall be approved by affirmative Vote of a majority of the Members present at any Annual or special Membership meeting.
7.6 Format for Schedule. The format for the Schedule for Dues, Fees and Assessments shall be
generally as follows:
(SAMPLE)
ITEM
ITEM AMOUNT FOR (YEAR)
ITEM DUE
DATE
DATE PAYMENT IS LATE
INTEREST
RATE (APR)
INTEREST ACCRUED FROM LATE DATE
DATE PAYMENT IS DELINQUENT
(LIEN DATE)
ANNUAL DUES
$
$
ANNUAL WATER FEE
$
$
WATER SERVICE CONNECTION FEE
$
BEFORE INSTALL OR CONNECT
$
CAPITAL IMPROVEMENT WATER ASSESSMENT
$
$
SPECIAL CAPITAL IMPROVEMENT ASSESSMENT
$
$
OTHER SPECIAL ASSESSMENT
$
$
ADMINISTRATIVE
COSTS
$
$
ATTORNEY FEES
$
$
Amounts and dates may change annually as part of the budget process.
7.6.1 Each Item, Amount, Due Date, Late Date, Interest Rate and Delinquent Date in the Schedule is subject to change at least annually, upon the affirmative Vote of the Members as part of the Budget approval procedure provided herein.
7.6.2 Each Item in the Schedule shall have an Item Amount and an Item Due Date in the Schedule. If any Item Amount remains unpaid as of the Item Late Date, the applicable
Interest Rate shall be applied. If the Item and Interest remain unpaid as of the Delinquent Date, the financial obligation constitutes a lien on the Lot and Interest continues at the same rate.
7.6.3 The Interest Rate applicable may be up to the maximum rate permitted under RCW 19.52.020 as of the Late Date, and shall remain at that rate until the amounts and fees to which it applies are fully paid.
7.7 Annual Dues. All Lots (as defined in Article 1 (PURPOSES AND DEFINITIONS), Paragraph 1.12
herein) shall be assessed Annual Dues according to the Schedule approved by the Members as provided herein.
7.8 Annual Water Fee. All Lots (as defined in Article 1(PURPOSES AND DEFINITIONS), Paragraph
1.12 herein) connected to the water system shall be assessed an annual water fee according to the Schedule approved by the Members as provided herein.
7.9 Special Rules for Combined Parcels. All Lots (as defined in Article 1 (PURPOSES AND
DEFINITIONS), Paragraph 1.12 herein) shall be assessed only a single Annual Dues, a single Annual Water Fee, a single Capital Improvement Water Assessment when any future water special assessments are levied, a single Special Capital Improvement Assessment and a single Other Special Capital Assessment.. Lots combined for purposes other than defined above shall continue to be assessed the above Items on each Lot as though the Lots were separate. Lots legally combined and having only one (1) tax parcel number priorto the recording of these Amended and Restated Bylaws shall be assessed as a single Lot.
7.10 Water Service Connection Fee. A Service Connection Fee, determined by a Vote of the
Membership at an Annual Meeting, is charged whenever a Lot is connected to the water system for the first time.
7.11 Capital Improvement Water Assessment. A Capital Improvement Water Assessment must be
charged whenever the water system must be upgraded for reasons, including, but not limited to, new owners requiring service connections which the system is not approved by Island County or the State of Washington to provide or the Lot was sold by the Developer with the promise of a water service connection.
7.12 Special Capital Improvement Assessment. A Special Capital Improvement Assessment may be
charged whenever the Members approve upgrades to Corporation Property other than capital improvements to the water system required by deed.
7.13 Other Special Assessment. A Special Capital Assessment may be charged whenever the Members
approve maintenance to Corporation Property not otherwise scheduled including, but not limited to, maintenance and repairs necessitated by natural disaster.
7.14 Late Payments. Dues and Water Fees must be paid by the Late Date or be assessed Interest.
Late Dates for Special Assessments shall be set when a Special Assessment occurs.
7.15 Charges for Special Services. Charges imposed by the Board of Directors for special services
provided to an individual Member, damages caused by a Member, or covenant violations by a Member, which charges are approved by the Members as provided herein are due when billed, so long as the Member has received written notice of the charge and an opportunity to be heard by the Board of Directors if the Member feels aggrieved by the charge, as required by RCW 64.38.020 (1). A majority of the Board of Directors at a regular or special meeting to which proper notice has been given and a Quorum is present shall decide the issue after hearing a Member who has objections to the charge imposed.
7.16 Delinquent Date. Unpaid Annual Dues, Annual Water Fees, Service Connection Fees, Capital
Improvement Water Assessments, Special Capital Improvement Assessments, and Other Special Assessments, together with Interest become Delinquent on the Delinquent Date and shall constitute a lien upon the Lot.
7.18 Liens. Unpaid amounts due as of the Delinquent Date constitute a lien on the Real Property of the
Member. As such, Liens authorized herein may be enforced by the Club as any Lien on real property under the law, and may be enforced or foreclosed as a deed of trust or as a mortgage in the option of the Lien holder. The Club may file a Notice of Lien with a statement of these payments due in the office of the Auditor of Island County. A release of said Lien shall be filed by the Club upon full payment of the Delinquent financial obligations. If said Lien is foreclosed, the Lot owner shall be liable for all attorneys fees and administrative costs associated with the Lien. This entire financial obligation shall be secured by the Lien. The purchasers of Lots subject to Liens, by accepting deeds, or by the signing of contracts to purchase the same, shall become personally obligated to pay all financial obligations upon the Lot or Lots purchased or agreed to be purchased by them. The purchasers shall be subject to the enforcement provisions outlined above.
7.19 Notice of Lien. The Notice of Lien shall state the total consolidated amount owed, including the
dues, fees, assessments and accrued Interest as of the date of the filing and the rate of Interest (up to the maximum rate permitted under RCW 19.52.020) that shall apply from the date of filing until fully paid together with costs and attorneys fees.
7.20 Subordination to VA. Assessment Liens are subordinate to a First Mortgage or Deed of Trust
held by the VA. Owners with unpaid dues, water use fees and assessments unpaid after the due date shall be ineligible to Vote on any Membership matter until all late dues or fees, plus interest at the maximum statutory rate, Late fees, Lien fees, disbursements and attorney’s fees are fully paid.
ARTICLE 8
CORPORATE SEAL
The seal of the Corporation shall be circular In form and shall contain the words "Honeymoon Lake Community Club" and "Corporate Seal" and "Washington" and "1968" in the form and style as hereinafter impressed upon these Bylaws.
ARTICLE 9
PROCEDURE FOR AMENDING BYLAWS
These Bylaws may be supplemented, amended or revoked, in whole or in part in the following way: Proposed changes shall be adopted by the Board of Directors in a Resolution, which proposed changes are subject to approval by the Members. The Secretary shall deliver the notice in person, by electronic transmission according to current law or by pre-paid First Class US mail, to the mailing address of each owner or to any other mailing address designated in writing by the owner, not less than fourteen (14) days nor more than sixty (60) days prior to the meeting, as required by RCW 64.38.035(1). Notice of the meeting shall include the following: a copy of existing language, a copy of the proposed language, a Ballot, and a pre-paid First Class US postage return envelope addressed to the Secretary. The notice shall state the time and place of the meeting and the business to be placed on the agenda by the Board of Directors for a Vote by the Members. The notice shall be for either an Annual Meeting or a special meeting specifically called for that purpose. The meeting agenda shall include a discussion of the proposed amendments. Ballots may be collected at the meeting and shall continue to be collected until two (2) weeks after such Annual or special meeting. The President and Secretary shall count the Ballots. At least eighty percent (80%) of the votes received in the affirmative shall be required to approve the amendments. Upon approval, the Officers shall sign the Amended and Restated Bylaws and the Secretary shall certify that the process of adoption conformed with this Article by providing the particulars of the process. The Secretary shall then record the original signed Amended and Restated Bylaws in the Office of the Auditor of Island County, and obtain a Conformed Copy thereof.
IN WITNESS WHEREOF the Undersigned have hereunto set their hands and seals as the duly elected Directors and Officers of Honeymoon Lake Community Club, Inc and have signed these Restated Bylaws, this ______day of August, 2006.
_______________________________________JULIE J. WALSTROM, President
______________________________________
CHESTER R. OLSZTA, Treasurer
_______________________________________
BETH RENEA STOUT, Vice President
_______________________________________
MARCELLA DYKES, Director
_______________________________________
KRISTY KAY KNICKREHM,
Vice President
_______________________________________
JAMES W. LYON, Director
_______________________________________
PATRICIA L. SASSON, Secretary
STATE OF WASHINGTON )
) ss:
COUNTY OF ISLAND )
THIS IS TO CERTIFY that on this ____ day of ______________, 2006, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared _____________________________, a Director of HONEYMOON LAKE COMMUNITY CLUB, a Washington Non-profit Corporation, to me known to be the person described in and who executed the foregoing Restated BYLAWS, and the incorporator did acknowledge and declare to me that he/she executed the same freely and voluntarily, for the uses and purposes therein mentioned.
Notary Seal
___________________________________PRINTED NAME:_____________________
NOTARY PUBLIC in and for the State of
Washington, residing at _____________WA. My Commission expires:________________
STATE OF WASHINGTON )
) ss:
COUNTY OF ISLAND )
THIS IS TO CERTIFY that on this ____ day of ______________, 2006, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared _____________________________, a Director of HONEYMOON LAKE COMMUNITY CLUB, a Washington Non-profit Corporation, to me known to be the person described in and who executed the foregoing Restated BYLAWS, and the incorporator did acknowledge and declare to me that he/she executed the same freely and voluntarily, for the uses and purposes therein mentioned.
Notary Seal
___________________________________
PRINTED NAME:_____________________
NOTARY PUBLIC in and for the State of
Washington, residing at _____________WA. My Commission expires:________________
STATE OF WASHINGTON )
) ss:
COUNTY OF ISLAND )
THIS IS TO CERTIFY that on this ____ day of ______________, 2006, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared ______________________________, a Director of HONEYMOON LAKE COMMUNITY CLUB, a Washington Non-profit Corporation, to me known to be the person described in and who executed the foregoing Restated BYLAWS, and the incorporator did acknowledge and declare to me that he/she executed the same freely and voluntarily, for the uses and purposes therein mentioned.
Notary Seal
___________________________________PRINTED NAME:_____________________
NOTARY PUBLIC in and for the State of
Washington, residing at _____________WA. My Commission expires:________________
STATE OF WASHINGTON )
) ss:
COUNTY OF ISLAND )
THIS IS TO CERTIFY that on this____ day of ______________, 2006, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared _____________________________, a Director of HONEYMOON LAKE COMMUNITY CLUB, a Washington Non-profit Corporation, to me known to be the person described in and who executed the foregoing Restated BYLAWS, and the incorporator did acknowledge and declare to me that he/she executed the same freely and voluntarily, for the uses and purposes therein mentioned.
Notary Seal
___________________________________
PRINTED NAME:_____________________
NOTARY PUBLIC in and for the State of
Washington, residing at _____________WA. My Commission expires:________________
STATE OF WASHINGTON )
) ss:
COUNTY OF ISLAND )
THIS IS TO CERTIFY that on this _____ day of ______________, 2006, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared _____________________________, a Director of HONEYMOON LAKE COMMUNITY CLUB, a Washington Non-profit Corporation, to me known to be the person described in and who executed the foregoing Restated BYLAWS, and the incorporator did acknowledge and declare to me that he/she executed the same freely and voluntarily, for the uses and purposes therein mentioned.
Notary Seal
___________________________________
PRINTED NAME:_____________________
NOTARY PUBLIC in and for the State of
Washington, residing at _____________WA. My Commission expires:________________
STATE OF WASHINGTON )
) ss:
COUNTY OF ISLAND )
THIS IS TO CERTIFY that on this ____ day of ______________, 2006, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared ______________________________, a Director of HONEYMOON LAKE COMMUNITY CLUB, a Washington Non-profit Corporation, to me known to be the person described in and who executed the foregoing Restated BYLAWS, and the incorporator did acknowledge and declare to me that he/she executed the same freely and voluntarily, for the uses and purposes therein mentioned.
Notary Seal
____________________________________
PRINTED NAME:_____________________
NOTARY PUBLIC in and for the State of
Washington, residing at _____________ WA. My Commission expires: ________________
STATE OF WASHINGTON )
) ss:
COUNTY OF ISLAND )
THIS IS TO CERTIFY that on this ___ day of ______________, ______, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared ____________________ _, a Director of HONEYMOON LAKE COMMUNITY CLUB, a Washington Non-profit Corporation, to me known to be the person described in and who executed the foregoing Restated BYLAWS, and the incorporator did acknowledge and declare to me that he/she executed the same freely and voluntarily, for the uses and purposes therein mentioned.
Notary Seal
____________________________________
PRINTED NAME:_____________________
NOTARY PUBLIC in and for the State of
Washington, residing at _____________ WA. My Commission expires: ________________
CERTIFICATION
I certify that I am the Secretary of the above named corporation and that I am authorized to execute theseRestated Bylawson behalf of the corporation.
On the 2nd day of April, 2006 at a duly called annual meeting of the members to which not less than fourteen (14) days notice was given, members met and discussed proposed Amendments and Restatements to the Bylaws. Amendments to the Bylaws were then mailed to the membership along with ballots and return envelopes, first class postage prepaid. For the next two (2) weeks ballots were collected and the votes were counted. At least eighty percent (80%) of the votes received approved the Amendments to the Bylaws.
The approvedAmendments were then incorporated into the Amended and Restated Bylaws and submitted to the members for a vote on the entire document in the same manner as above. The ballots were counted on the _____ day of August, 2006. At least eighty percent (80%) of the votes received approved the Restated Bylaws. The Restated Bylaws will be recorded with the Auditor of Island County, Washington and a conformed copy will be placed in the records of Honeymoon Lake Community Club.
DATED this _____ day of ________________, 2006.
__________________________________________
PATRICIA L. SASSON, SECRETARY