Bylaws of the Hidden Lakes Homeowners Association
A Georgia Nonprofit Corporation (Association)
Article I. Name and Purpose
Section 1.01: NAME. The NAME of this organization shall be the Hidden Lakes Homeowners Association, hereafter referred to as the ASSOCIATION. It shall be a nonprofit organization incorporated under the laws of the State of Georgia.
Section 1.02: PURPOSE: The Bylaws shall govern the Corporation and its Members and facilitate the fulfilment of the purposes provided in the Articles of Incorporation.
Article II. MEMBERSHIP.
SECTION 2.01: ELIGIBILITY FOR MEMBERSHIP. Any current resident of, or owner of property in, the Hidden Lakes Subdivision, bounded by “Exhibit A” and “Exhibit B” of the DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, AND EASEMENTS FOR HIDDEN LAKES SUBDIVISION, Gray, Georgia, is eligible for Membership in the Association upon completion of property purchase and full payment of the annual dues as prescribed.
Section 2.02: HONORARY MEMBERSHIP. Any homeowner of the Lakeside Side Homeowers Association whose property entrance is on Hidden Lakes Drive may acquire Honorary Membership in the Association, upon full payment of the Association dues, by a majority vote of the Membership at a regularly scheduled meeting. Honorary Membership entitles the individual to a mailed copy of each newsletter or minutes from meetings and free participation in neighborhood events for one year from the date of Membership.
Section 2.03: ANNUAL DUES. The amount required for annual dues shall be $240 each year, unless changed by a majority vote of the Members in attendance at an annual meeting of the full Membership. Full payment of the annual dues will entitle the Resident or Property Owner to full Membership privileges for one year from the date of payment.
Section 2.04: VOTING RIGHTS. The full payment of the annual dues will entitle one vote cast from the Member’s household in all Association elections.
Section 2.05: MEMBER NOT IN GOOD STANDING. Membership in the Association is considered “not in good standing” whenever the Member is in default of payment of the annual Association Dues. A Member “not in good standing” prohibits any members of the household from attending HOA meetings and from using Hidden Lakes Homeowner Association owned properties.
Section 2.06: RENTAL RESTRICTION. Any homeowner subleasing property is required to have a clause in the rental agreement about the neighbourhood homeowner’s association and the covenants. Tenants are to abide by the covenants or forfeit lease and be removed by the homeowner. The board is to be notified within 30 days that the property will be subleased.
ARTICLE III. OFFICERS.
Section 3.01: OFFICERS. The Association shall have the following officers:
3) Treasurer, and
Section 3.02: ELIGIBILITY OF OFFICER. Any Member nominated for office will be in good standing with the association. Only one Member per household may serve as an officer in a given term.
Section 3.03: ELECTION OF OFFICERS. The Officers shall be elected by majority vote at the annual meeting of the Members who are in good standing.
Section 3.04: TERM OF OFFICE. The Officers shall serve a one-year term, with no limitations on future terms. The term of office shall commence upon election and continue until successors are elected at the annual meeting.
Section 3.05: DUTIES. The duties of the Officers are as follows:
1) The PRESIDENT shall be the principal executive officer of the Association and shall preside over all meetings, represent the Association on public occasions, and make such committee appointments from the Membership as shall be deemed advisable for the effective conduct of the work of the Association. The president will execute contracts, orders and other documents in the name of the association as its agent. When signing documents, the president will indicate the capacity in which he or she is signing, which will bind the association under a doctrine of inherent powers. The president also assumes general charge of the day-to-day administration of the association and has the authority to order specific actions in furtherance of the board’s policies.
2) The VICE-PRESIDENT shall assist the President as the President requests, and represent the Association on appropriate occasions. The Vice-President shall also, in the absence or disability of the President, perform the duties and exercise the powers of the President of the Association. The Vice-President will chair and preside over the Architectural Control Committee.
3) The TREASURER shall collect, safeguard, disburse and make periodic reports of all funds collected in the name of the Association.
4) The SECRETARY shall keep attendance records and record the proceedings of all meetings, maintain all records of the Association activities, and conduct such official correspondence as shall be required to ensure access to those records by the Members of the Association.
5) The duties of the officers shall not be limited as enumerated above, but they may discharge in addition such duties as are assigned by the Association Membership.
6) Unless so authorized, no individual officer shall have any power or authority to bind the Association by any contract or engagement, to pledge its credit, or to render if liable pecuniary for any purpose or in any amount.
Section 3.06: VACANCIES AND REMOVAL FROM OFFICE. In the event an Officer’s position is vacant, a temporary officer may be appointed by the Board. A nomination for installation of a new officer to the position for a one year term may be motioned and seconded by the Members in a public forum. Any Officer may be removed by a majority vote of the Members of the Association (excluding the Officer to be removed).
Section 3.07: MANAGEMENT. The Association shall be managed by the Officers so elected, with powers consistent with the Articles of Incorporation and these Bylaws of the Association. Officers are volunteers. No compensation of any kind is to be exchanged between the Association and the officers.
ARTICLE IV. MEETINGS OF MEMBERS.
Section 4.01: PLACE OF MEETINGS. Meetings of the Members shall be held at the principal business office of the Association or at any other place the President or a majority of the Members may from time to time select.
Section 4.02: MEETINGS OF THE OFFICERS. Regular meetings of the Officers of the Association shall be held at a time and place designated by the President.
Section 4.03: ANNUAL MEETING. An annual meeting of the Members shall be held each year, if possible. The President shall have the authority to call the meeting given 21 days advanced notice via signage, newsletter announcements, or other media advertisement. At such meeting, the Members shall elect the Officers of the Association, receive reports on the affairs of the Association, and transact any other business which is within the power of the Members. If an annual meeting has not been called and held within six months after the time designated for it, any Member may call the annual meeting.
Section 4.04: SPECIAL MEETINGS. Special meetings of the Members may be called by the President, by a majority of the Officers of the Association, or by five percent (5%) or more of the Members entitled to vote.
Section 4.05: NOTICE OF MEETINGS. A written or printed notice of each meeting, stating the place, day, and hour of the meeting, shall be given by the Secretary of the Association, or by the person authorized to call the meeting, to each Member of record entitled to vote at the meeting. This notice shall be given at least seven (7) days before the date named for the meeting, with the exception of Regular Monthly Meetings for which, once a firm date, time and place have been publicized to all the Members, no further notice shall be required.
Section 4.06: QUORUM. At least ten percent (10%) of the Association’s Members present at any properly announced meeting shall constitute a quorum at such meeting.
Section 4.07: MEETING AGENDA. Members who wish to bring forth items of discussion to the meeting may do so by submitting the item to the Secretary thirty days (30) in advance. The item will be placed on the agenda and the Member will receive adequate time to deliver item during the meeting. Agenda items are limited to the business of the Association. Matters of private property signage, trespassing on private property, right-a-ways disputes, and personal safety on private property are not the responsibility or liability of the Association and will not be given audience.
ARTICLE V. VOTING.
Section 5.01: VOTING. All issues shall be decided by a majority vote of Members in good standing present at the meetings.
Section 5.02: VOTING BY MAIL. Where Officers are to be elected by Members, or any changes in the Bylaws are to be voted on, or any other election is to be made whereby a count of the votes of all Members may be desired, such election may be conducted by mail or by distribution ballot in such manner as the officers of the Association shall determine advisable.
ARTICLE VI. COMMITTEES.
Section 6.01: AUTHORIZATION TO ESTABLISH COMMITTEES. The Association may establish committees as deemed necessary to pursue its stated objectives. Members of Committees, whether volunteer or nominated, shall be approved by the President.
ARTICLE VII. FINANCES.
Section 7.01: EXPENDITURES. Single expenditures of funds amounting to over Twenty Five Hundred Dollars ($2500) in any month must be approved by majority vote of the Member present at any properly-announced meeting of the Member. Printing of the Neighborhood Newsletter, Neighborhood Informational Notices and the Neighborhood Directory are exempted by this rule.
Section 7.02: FINANCIAL REPORTS. Annual Financial Reports shall be prepared by the Treasurer and presented to the Members at the annual meetings.
ARTICLE VII. AMENDMENTS.
Section 8.01: PROCEDURE. These Bylaws may be amended by a two-thirds majority vote of those present at any regular meeting of the Members of the Association, provided seven days written notice of the proposed amendment and of the meeting is given.
ARTICLE IX. ACCEPTANCE OF BYLAWS
Section 9.01: VOTING. Acceptance of these Bylaws shall be by a two-thirds majority vote of members in good standing. Voting may take place at any regular meeting of the Members of the Association, provided written copies of the Bylaws and written notice of the meeting is given to all Members at least seven days prior to the meeting. Voting may also take place via mailed ballot, provided written copies of the Bylaws and ballots with due dates.
ARTICLE X. NON-COMPLIANCE WITH BYLAWS.
Section 10.01: NON-COMPLIANCE. Under no circumstance will noncompliance with any section of these Bylaws constitute the forfeiture of the rights of the Association to exist or the rights of the Association to enforce the Bylaws of the Association.