By-Laws
Lake Forest Association, Inc.
Adopted by the members in a regular meeting assembled for the purpose of adopting the same as well as other business, and at which said meeting the following resolution was legally adopted on the eleventh day of May, 1962, and amended November 13, 1970; November 8, 1985; August 29, 1989; November 11, 1994, May 27, 2000, and November 16, 2000, November 17, 2005 to wit:
RESOLVED, That the foregoing and attached articles of by-laws be, and they are accordingly hereby adopted as the by-laws for the regulation and management of Lake Forest Association, Inc.
ARTICLE I
Name, Character and Location
Sec. 1. The name of this association is Lake Forest Association, Inc., a non-profit corporation, without authority to issue capital stock, and organized under and virtue of the laws of the State of Ohio.
Sec.2. The principal office of the association shall be in Windsor Township, Lawrence County, Ohio, until such time as its board of directors shall establish an office elsewhere. The principal holdings of the association are located in Windsor Township, Lawrence County, Ohio.
ARTICLE II
Members
Sec. 1. No person shall be eligible for membership in the association except he/she be at least twenty-one (21) years of age, and shall have been elected to membership as provided in these by-laws, and who shall select and agree to purchase one but not more than three lots. (Revised Nov. 16, 2000)
Sec. 2. The wife or husband of a member, Their children, and guests of members may be admitted to the privileges of the association upon such conditions and subject to such rules, regulation and restrictions as the board of directors may with membership approval from time to time prescribe and promulgate.
Sec. 3. Application for membership shall be in writing, signed by the applicant and also signed by three (3) recommending members of the association, and filed with the secretary, who shall supply the membership committee with a copy of the application. The membership committee shall investigate the applicant and report its recommendation to the next meeting of the board of directors, who shall vote as to whether the applicant may become a member of the association. If the applicant receives two (2) negative votes his application shall be rejected. In case an applicant is rejected, the same applicant shall not reapply for membership until the expiration of six (6) months from the time the application was rejected. All communications made to the membership committee or the board of directors concerning any applicant and proceedings of the membership committee and the board thereon shall be regarded as confidential; and "only" the name of the rejected applicant shall appear on the minute books of the association.
Sec. 4. In the event of an alleged violation of the by-laws, rules, regulations and restrictions by a member of the association, the incident shall be submitted to the Board of Directors in writing for its consideration and preliminary investigation. The Board's findings shall be submitted at the next membership meeting with its recommendation as to whether the alleged violation has cause for a hearing. A decision by the membership for a formal hearing shall be conveyed to the subject member in writing stating the specific provision(s) of the by-laws, rules, regulations and restrictions for which he/she is alleged to have violated and is being charged. Said member shall be given 10 days written prior notice and the right to appear before the membership in his/her own defense with counsel representation if so chosen, at a meeting comprised of a quorum of the membership or in accordance with that provided in Article III, Section 3 for transaction of business.
Should a member be found guilty for violation of the by-laws, rules, regulations and restrictions by an affirmation vote of a majority of the voting members present at a membership meeting in accordance with Article III, Section 9, he/she is to be reprimanded and said reprimand may include his/her rights as a member being forfeited, privileges of membership revoked, use of club facilities denied and/or any other penalty as may be considered appropriate for the violation.
Sec. 5. When the dues or assessments for any member shall remain unpaid for a period of (90) ninety days after the same is due and payable, his or her Lake and Grounds Privileges will be declared forfeited by the affirmative vote of a majority of the Board of Directors. He or she may have said Lake and Grounds Privileges reinstated upon the payment of all dues, assessments and penalties.
Sec. 6. The Initiation fee in the amount prescribed by the membership shall be paid by an applicant for membership at the time of acceptance as a member of the association. The initiation fee is increased from $1,200 to $1,500 effective November 15, 2008.
Sec. 7. The membership may vote an honorary membership for an individual not a member who is performing a special service for the association. Honorary membership must be reviewed each year, and such members cannot vote or attend business meetings.
ARTICLE III
Meetings of Members
Sec. 1. There shall be an annual meeting of the membership of the association to be held at 7:30 o'clock P.M. on the second Friday of November of each year, or at such other Novembers date, time and place as designated by the board of directors, for the purpose of election directors, as herein provided, to levy membership assessment based upon budget presented and approved, and for the transaction of business, provided the number at said meeting constitutes a quorum.
Sec. 2. The president shall, upon the written petition of at least twenty percent (20%) of the members in good standing, or a majority of the directors, call a special meeting of the membership to be held at such proper and suitable place as designated in the call. The request for the calling of such a meeting, shall state briefly the purpose of such meeting, and no other business shall be transacted.
Sec. 3. At any regular or special meeting, twenty percent (20%) of the members in good standing shall constitute a quorum for the transaction of business; but, if a sufficient number does not attend at a time and place appointed, those who do attend may recess from time to time without notice other than by announcement at the meeting, until a sufficient number to constitute a quorum shall be present. If lack of a quorum being present at any regular or special meeting prevents action on any matter which has been announced as an item of business at such a meeting, the board of directors may call a special meeting at which any number of members in good standing shall be declared to be a quorum for the transaction of the announced business, provided that announcement of intention that the normal quorum will be waived is given in written notice of such meeting.
Sec. 4. "Each member in good standing shall have one (1) vote, and such vote may be cast by the member while attending a voting meeting or by absentee ballot.
1. A vote be absentee ballot is applicable only to those issues which will result in the change of by-laws, election of officers or dues and/or assessments. Such issues to be voted on will be printed on an absentee ballot form and furnished to each member.
2. Absentee ballots are to be returned to the secretary of the board of directors completed, signed and sealed at least 24 hours before such meeting.
3. Copies or facsimiles of any issued absentee ballot will not be accepted for voting purposes.
4. Absentee ballots will be sent to the general membership under the conditions prescribed in Article III, Section 4 and 5 of the by-laws of the Lake Forest Association, Inc."
Sec. 5. It shall be the duty of each member to furnish the secretary with his correct address and such other personal information as may be requested under authority of the board of directors.
Sec. 6. Written notice of all membership meetings, stating the time and place thereof, shall be mailed by the secretary to each member at his address as the same appears in the membership records of the association, at least ten (10) days prior to the meeting, and a notice so deposited in the mail, with prepaid postage, properly addressed, shall be presumed to be legal notice.
Sec. 7. Deleted. See Sec. 1 & 3.
Sec. 8. The Secretary shall keep minutes of all annual and special meetings, and same shall be available for examination by members upon reasonable notice. Such minutes shall be read at the next meeting and amended or approved as read.
Sec. 9. Unless otherwise specifically provided for herein, an affirmative vote of a majority of the voting members present at a meeting at which a quorum has been declared to be present shall be necessary for the authorization or taking of any action voted upon by the members.
ARTICLE IV
Board of Directors
Sec. 1. With the exception of that required by law or by these by-laws to be done by the members, the board of directors shall have the authority to do or cause to be done all acts and things normally within the corporate power of the association. Without prejudice to the general powers conferred by law and by these by-laws, the business and operations of the property of the association shall be conducted and managed by a board of directors consisting of nine (9) members, each of whom shall be a member of the association in good standing, and shall serve for a period of three years or until their successors are elected and qualified, but shall not be eligible to succeed themselves; provided, however, that at the first election of directors, three (3) shall be elected for one (1) year; three (3) for two (2) years; and three (3) for three years. Thereafter, three (3) directors shall be elected each year for a three-year term.
Sec. 2. The directors shall be elected by the members of the association at the annual meeting.
Sec. 3. Approximately ninety (90) days prior to the annual meeting of the membership, the board of directors shall appoint from the membership, outside of the board of directors, a nominating committee consisting of three (3) members who shall nominate a list of three (3) but not more than six (6) members as candidates for directors. The members thus selected by the nominating committee, together with those nominated from the floor at the September membership meeting, shall complete the ballot, and a list of nominees shall be mailed by the secretary to each member with the official notice of the annual meeting. The nominees receiving the highest number of votes at the annual meeting shall be elected. (See Art. III, Sec. 6)
Sec. 4. Vacancies occurring on the board of directors shall be filled by the remaining directors, by affirmative vote of the majority of the whole number of the remaining members of the board, directors so elected to hold office for the remainder of the year of the director so dying, resigning or ceasing to be an active member, and/or until the election and qualification of his successor at the next annual meeting.
Sec. 5. At the first meeting of the board of directors, after the annual membership meeting, the board of directors shall elect from its membership a president, vice-president, secretary and treasurer, none of which shall hold any two or more of these positions concurrently. Each of these officers shall serve for the period of one (1) year, and the president shall not be eligible to succeed himself. The board of directors may in its discretion, establish the office of assistant secretary and/or the office of assistant treasurer, and may elect any member of the association to such office; provided, however, that any member so elected to such office who is not an elected member of the board of directors shall have no vote at meetings of the board of directors.
Sec. 6. The board of directors shall bold a regular meeting on a date each month specified by a resolution of the board at its first meeting at an hour and at a place to be determined by the board. Such scheduling of meetings, including any changes in time or place thereto, shall be noticed by the secretary to each board member and the membership, either personally, by mail, or by telephone not less than three (3) days prior to the meeting.
Sec. 7. The president may, and upon the written request of at least three (3) members of the board exclusive of the president, call a special meeting of the board of directors; notice of such special meeting to each board member and the membership shall be given not less than three (3) days prior to the date of the meeting, which notice shall state the matters to be considered at a special meeting. No other business, except what is stated in the notice, shall be considered at a special meeting.
Sec. 8. The secretary shall keep written minutes of all board meetings, verified by the signatures of the president and the secretary of such meeting, the same to remain in the hands of the secretary or assistant secretary of the association, and be available to all members of the board of directors and on reasonable notice to all members of the association. The minutes of the preceding meeting of the board of directors shall be read at the next succeeding meeting of the board of directors, where a special or regular meeting, and the same approved as read or amended.
Sec. 9. A quorum of the board of directors shall consist of five (5) members. No business shall be transacted by the board and nothing authorized by it, except at a regular or special meeting at which a quorum is present, and the affirmative vote of a majority shall be sufficient for the adoption of any motion or resolution. But if a sufficient number of directors for a quorum do not attend at the place and time appointed, those who do attend may adjourn from time to time until a meeting is regularly constituted.
Sec.10. The absence of a director from three (3) successive regular meetings of the board without just cause shall be grounds for his/her dismissal and the vacancy may be filled by the membership's nominating committee as herein provided.
Sec. 11. No director shall vote on any other matter in which he, a member of his immediate family, or his client, is personally interested; a director so personally interested may attend discussions upon such a matter.
Sec. 12. At its first meeting after the annual membership meeting, the new president shall appoint from the board chairmen of the following committees with the president serving as ex-officio on each:
(1) Membership Committee
(2) Recreation Committee
(3) Long Range Planning Committee
(4) Building and Grounds Committee
(5) Finance Committee
(6) Lake Management Committee
The chairman so selected shall in turn appoint for his/her committee at least four (4) members from the entire membership, provided no bard member, excluding the president, can serve on more than one standing committee concurrently. The Long Range Planning Committee is to include all past presidents.
The president may appoint special committees to assist the board on special projects.
Each of these committees shall have the authority to perform the duties indicated by its name; and, in case of doubt as to which committee shall handle any specific matter, the board of directors shall decide. It shall be the duty of each committee to adopt definite plans for the management of all matters pertaining to its field, and to lay such plans before the board of directors and to make recommendations thereon; and the board may, in its discretion, accept or reject any such plan or recommendation.
Sec. 13. The board of directors may develop and propose to the membership for its adoption in accordance with Article III, Section 9, a set of rules, regulations, and restrictions governing the operations and management of the association and its facilities, and the board shall make adequate provisions for implementing, monitoring and enforcing such rules, regulations and restrictions.
Sec. 14. The board of directors shall propose for the membership's approval such officers and agents for the association as may be deemed proper and the duties and compensation prescribed therefore; but there shall be no compensation for services rendered by the president or any directors, unless it be allowed by the membership. The officers and agents, so appointed (including that of a parliamentarian if any, which shall be in accordance with the recommendations of Robert's Rules of Order), shall hold their places during the pleasure of the board; and, if required by the board or the by-laws, shall give bond payable to the corporation with such penalty and with such conditions and security as the board may approve.
Sec. 15. The annual dues of $20.00, due January 1st of each year, shall be invoiced each member by mail not later than by January 2nd; however, if such dues are not paid by March 1st of that year, a second and final invoice shall be sent to members by registered mail on March 2nd for payment not later than the second Friday of March of the same year due. If such dues are not paid on said date, the dues shall become a lien in favor of the association against the lot or lots as shown on the plat or plan of lots of such a member that a penalty of fifty cents ($.50) for each Ten Dollars ($10.00) due or part thereof shall be assessed for each month or part thereof until such dues are paid.
Sec. 16. An assessment not to exceed ($165.00*Revised Nov. 17, 2005)unless it be authorized by a vote of the membership, may be levied to provide for normal maintenance to the association's property for the use and benefit of members and shall be levied equally against all the lots, with exception of the lots held by the Lake Forest Association, Inc., and that such assessment as levied at the annual meeting each year and due January 1st, shall be invoiced each member by mail not later than January 2nd; however, if such assessment is not paid by March 1st of that year, a second and final invoice shall be sent to members by registered mail on March 2nd for payment not later than the second Friday of March of the same year due. If such assessments are not paid on said date, the assessments shall become a lien in favor of the association against the lot or lots as shown on the plat or plan of lots of the Lake Forest Association, Inc., without filing a suit or legal procedure against the defaulting member, to establish such a lien on the respective lot or lots of such a member and that a penalty of Fifty Cents ($.50) for each Ten Dollars ($10.00) due or part thereof shall be assessed for each month or part thereof until the special assessment is paid. * Revised 11/11/94
Any additional assessment approved by the membership at a special membership meeting shall be due immediately, and if not paid within thirty (30) days shall be subject to the regular penalty rate named above.
Sec. 17. The board of directors shall make adequate provisions for the segregation of all funds arising from the special assessments authorized in Sec. 16 of this article and shall determine by whatever accounting methods it deems appropriate that these funds derived from special assessments are used for the proposes outlined in the resolution authorizing the special assessment. Any deficiency or excess shall be the subject of a further resolution of the board as to the proper method of raising additional funds if required or of distributing and/or retaining any excess funds not required for the purposes of the basic resolution.
ARTICLE V
Duties of Officers
Sec. 1. The executive officers of the association shall be: president, vice-president, treasurer, and secretary; all of whom shall be elected by the board of directors from its membership and at its first meeting after each annual membership meeting. The term of office shall be for one (1) year, and the president shall not be eligible to succeed himself. The board of directors may, in its discretion, establish the offices of assistant secretary and/or treasurer and may elect any member of the association to such office; provided, however, that any member so elected to such office who is not a elected member of the board of directors shall have no vote at meetings of the board of directors.
Sec. 2. The president of the association shall preside at all meetings of the membership and board of directors and shall perform such other duties and have such other authority as the board of directors may from time to time prescribe.
Sec. 3. All deeds of trust, leases, contracts, mortgages, and all other legal papers required to be executed by this association shall be signed, executed, acknowledged and delivered for the association by the president when directed by and in the manner prescribed by the board. All such papers may be signed, executed, acknowledged and delivered for the association by any other officer or officers of the association Specifically designated, empowered, authorized and directed so to do by a resolution properly passed by the board of directors of this association.
Sec. 4. Negotiable notes and other obligations of the association shall not be valid unless signed by the president, or by any two (2) officers of the association specifically designated, empowered, authorized and directed so to do by a resolution properly passed by the board of directors.
Sec. 5. Checks for the payment of money shall not be valid unless examined, approved and signed by the treasurer and countersigned by the president, or by an officer or officers of the association specifically designated, empowered, authorized, and directed so to do by a resolution properly passed by the board of directors of this association.
Sec.6. The vice president shall perform the duties of the president in his absence and shall perform such other duties and have such further authority as the board of directors may from time to time prescribe.
Sec.7. The treasurer shall have the custody of all money, funds and securities and other papers of the corporation, and shall receive and disburse all its moneys and funds, and shall perform such other duties and have such further authority as the board of directors may from time to time prescribe. All monies and funds of the association, or under its charge, shall be deposited, or cause to be deposited, by the treasurer, assistant treasurer, or other officer of this association in the bank or banks or places of deposit specifically designated, authorized and directed so to do by a resolution properly passed by the board of directors of the association. The treasurer shall enter, or cause to be entered, regularly in the books or the association full and accurate accounts of all monies received and disbursed by, or on account of, the association and all business transactions of the association involving the receipt or disbursement of money, and he shall exhibit his books and accounts to the board of directors, any director, or the president, or authorized auditor, agent or representative of the board of directors, whenever called upon to do so, and shall make a monthly report at each meeting of the board of directors and membership of the financial condition and status of the association, including current assets, the membership may at its discretion, require the treasurer to execute a bond for the faithful performance of his duties, and to account for and pay over all money coming into his hand, and fix the amount of said bond. The premiums on the bond shall be paid from association funds.
It shall also be the responsibility of the treasurer to coordinate with the secretary to assure both of having correct and up-to-date records and information regarding addresses and status of dues and assessments paid of all members of the association.
The treasurer shall serve as chairman of the finance committee along with at least two (2) other members outside of the board of directors, whose responsibility it shall be to develop the annual budget with projected allocated costs for the various operational areas and specific projects and expenditures. In the event with proper time in advance that such specific and budgeted costs or expenditures or any non-contemplated and non-budgeted expenditure is projected to exceed $5,000.00 (Revised 11/19/09), approval for such added expenditures shall be required by the membership.
Sec. 8. The assistant treasurer, if such office is established, shall perform his/her duties and shall perform such other duties and have such further authority as the board of directors may from time to time prescribe.
Sec. 9. The secretary shall keep the minutes of all meetings of the board of directors, and of the annual and special membership meetings and shall attend to the giving of all notices of, meetings and for all other purposes. He/she shall have the custody of the corporate seal of the corporation and all of the records respecting membership, and the membership certificates, except that the treasurer may, in the discretion of the board of directors, have custody of membership records pertaining to ownership of real or other property. The secretary shall conduct correspondence for the association and shall perform such other duties and have such other authority as the board of directors may from time to time prescribe.
The secretary shall coordinate with the treasurer to assure the board of having correct and up-to-date records and data regarding addresses and status of dues and assessment payments on all members of the association.
Sec. 10. The assistant secretary, if such an office is established, shall perform the duties of the secretary, in his/her absence or inability to perform his/her duties, and shall perform such other duties and have such further authority as the board of directors may from time to time prescribe.
ARTICLE VI
Transfer of Membership
Sec. 1. Any member of the association desiring to transfer his membership to another person shall file an application for permission to do so with the secretary of the association; which application shall give the name and address of the proposed transferee, his occupation, and such other information as may be prescribed by the board of directors. Such application shall also be signed by the proposed transferee and make a report and recommendation with respect to the transfer, to the next meeting of the board of directors. The board shall vote by ballot on the question of approving or rejecting the proposed transfer, and a negative vote by the majority of the board shall be sufficient to reject.
Any member of the association in good standing desiring to transfer his/her membership to his/her spouse, son, daughter, or any other immediate family member shall be permitted to do so without cost of an additional initiation fee to the subject member or relative and all in accordance with the procedure for transfer as herein above provided.
Sec. 2. In case of the death of a member, his heirs or devisees shall take his membership and also any lot included within the boundaries of the association's property, subject to the same by-laws, rules and regulations, restrictions and covenants, under which it was held by the deceased member. Not more than (1) person shall be allowed the privileges of membership by inheritance, bequest or devise from a deceased member; and, if as membership passes by devise or bequest, or descent or distribution, to more than one (1) person, only one (1) of them shall exercise the privilege of membership. In case one of the lots acquired from the association passes by devise or descent to more than one (1) person, it shall not be occupied or controlled by a larger number of persons than originally occupied or controlled it prior to the deceased members death; it being the purpose of this provision to prevent burdening the facilities of the association with a greater number of users than was intended at the time the lot was originally transferred. In case several persons claim the right by devise or descent to exercise the privilege of membership or use of the facilities of the association, and have not agreed upon and designated one of their number of the person being legally entitled thereto, subject to the by-laws, rules, regulations and restrictions of the association, then the association, through its board of directors, shall have the right, power and authority to deny the exercise of such membership and use of facilities of the association to all of them until the proper person has been agreed upon or other determined, as the person being legally entitled thereto, subject to the by-laws, rules and regulations and be only one beneficiary or only one heir, or one so such heirs or beneficiaries being agreed upon and designated in writing to the board, as the person being legally entitled thereto or such person otherwise determined, such person shall file his application for transfer of such membership and lot in the same manner and with like force and as effect as provided in Sec. 1 of this Article, and be subject to the approval of the board of directors as provided in Sec. 1 of this Article, and a negative vote by a majority of the board shall be sufficient to reject.
Sec. 3. In case the title to one of the lots sold by the association to a member passes to another person involuntarily by operation of law, the person receiving such title shall take it subject to these by-laws, rules and regulations, and restrictions made there under, and all the covenants, restrictions and conditions under which it was held by the former owner; provided, however, in any such case such person shall file his application for transfer of such membership and lot in the same manner and with like force and effect as provided in Sec. 1 of this Article, and be subject to the approval of the board of directors as provided in Sec. 1 of this Article, and a negative vote by a majority of the board shall be sufficient to reject. No corporation, partnership or syndicate shall exercise the privileges of membership or hold any membership certificate, and no corporation, partnership or syndicate shall be entitled under any condition to the use of the facilities of this association, and no real estate or interest in real estate of the association shall ever be sold, conveyed, leased or otherwise transferred to any corporation, partnership or syndicate. No land of the association, except membership lots, shall be sold, leased to or occupied by anyone unless authorized by the board of directors and approved by the vote of the members.
ARTICLE VII
Property Rights
Sec. 1. No person, except a member (either singly or jointly with spouse as recorded on deed) in good standing of the association shall hold title to or have interest in real estate within the club boundaries, either by deed, lease (including but not limited to renting) or otherwise.
Sec. 2. Members (either singly or jointly with spouse) shall hold title to lots by deed of conveyance, authorized by the board of directors and signed by the president and secretary of the association or such other officers as are prescribed by the board of directors. Such deeds shall contain covenants, reservations, conditions and restrictions as are required by these by-laws and by the board of directors; and such covenants, reservations, conditions and restrictions shall be written into the deed, and the deed shall be signed by the purchaser before it becomes effective. There shall be a master map placed on record in the Lawrence County, Ohio, County Recorder's Office, showing the location and boundary lines of all lots and the number thereof, and each deed of conveyance shall refer to said map, and the lot thereon by number.
Sec. 3. The following covenants, reservations, conditions and restrictions shall be included in all deeds, in addition to any other which may be adopted by the membership;
COVENANTS, RESERVATIONS, CONDITIONS & RESTRICTIONS
1. There is excepted and reserved to the Lake Forest Association, Inc. its successors or assigns, the rights to install, lay down and construct at any time, sewer, gas and water lines, and telephone and electric light and power lines, roads and other improvements and appurtenances, thereto belonging, for the use, convenience and benefit to the other lots upon the aforesaid map of plan of this association, when the same is a part of the plan authorized by the board of directors, through, on, over and across said lots herein conveyed, and shall have at all times the right of ingress and egress thereon for the purpose of repairing and maintenance of such improvements shall be provided, however, the construction and maintenance of such improvements shall be located and managed so as to cause the least possible interference with the buildings on the lot or buildings hereafter constructed thereon, and the landscaping of the lot.
2. That the grantee, his heirs and assigns, shall construct no building, buildings, roads, gas lines, water lines, light and power poles, sewer lines, sewerage disposal facilities, or any other structures of any kind or character upon his lot, without first submitting a plan thereof to the Committee on Buildings and Grounds and having the same approved in writing by the board of directors, and a building permit, as applicable, issued therefore.
3. That the grantee, his heirs and assigns, will maintain the premises in a clean, sanitary condition, and conform to all the health laws and regulations of the State of Ohio and to the provisions of any and all building codes or other laws or other rules or regulations have the force of law, and all sanitary regulations prescribed by the Committee on Buildings and Grounds, and all the rules, regulations and restrictions as may be promulgated from time to time by the board of directors and previously approved by the membership of the Lake Forest Association, Inc.
4. That the grantee, his heirs and assigns, shall not move any improvement or equipment of any kind, or character on his lot without first submitting a statement of the matter or thing to be moved upon said lot to the Committee on Building and Grounds and having the same approved in writing by the board of directors and a permit issued therefore. No such permit shall be issued for a period of longer than one year.
5. That the grantee, his heirs or assigns, will comply with the by-laws of the Lake Forest Association, Inc. and with the rules, regulations and restrictions as may be prescribed and promulgated from time to time by the board of directors and previously approved by the membership of the Lake Forest Association, Inc.
6. That if the grantee, his heirs or assigns, shall not pay all dues, assessments or other indebtedness to Lake Forest Association, Inc., within the time required to be paid, the same shall be liens upon the property herein conveyed and may be enforced by a suit in equity, the same as any other lien.
7. That in the event of a violation of any covenant, reservation, restriction or condition contained in the deed, or failure to comply with the rules, regulations and restrictions, title thereto shall revert to and become vested in the Lake Forest Association, Inc. and the association shall have the right in such case to take exclusive possession of the lot, and to exclude there from the former owner, subject only to the right of the owner to recover from the association the value of the lot, together with the value of the improvements thereon. In the event that any dispute arises between the association and owner as to the value of the lot and the improvements, then the same shall be by the parties hereto submitted to arbitration, the owner choosing and appointing one arbitrator, at his expense, and the association choosing and appointing another arbitrator, who is a member of the association, at its expense, and the two arbitrators appointing a third, who is a member of the association, the expense of said third member to pay fifty percent (50%) by the owner and fifty percent (50%) by the association, the decision of any two of whom shall be binding, and the said proceedings shall be conducted in all respects as provided in the Code of the State of Ohio.
8. That all covenants herein to be paid, kept and performed by said grantee, his heirs and assigns, in addition to being personal covenants, shall be, and are, covenants running with the property herein conveyed, and shall be binding upon said property into whosoever's hand it may pass.
Sec. 4. The right to use the lake and the facilities of the association shall not be appurtenant to the ownership of or title to the real estate, and the right to use of the association's facilities may be denied to any member, without affecting the title to his real estate; "provided however, that the foregoing subsections, 5, 6, and 7 shall not apply to any transfer by foreclosure, or deed in lieu thereof, by any bank or other lending institution."
Sec. 5. The association through its board of directors, shall have the authority to purchase, with approval of the membership, the real estate of any member, and to accept the surrender of any certificate of membership. In the event any member desires to sell his real estate it shall first be offered to the association upon the same terms and conditions as any valid offer as has been made to said member by any other party. Provided, however, that the association shall not be required to purchase any real estate from any member desiring to sell or shall any change of ownership of any real estate of a member affect any of the other provisions in these by-laws concerning the requirements of membership in this association.
Sec. 6. ( Same as Article IV, Section 16 )
Sec. 7. The association shall have a lien upon the lot or lots of every member for any assessment, dues, claims or any fines or debts due from such member to the association, as herein provided, which may be enforced by a suit in equity, the same as any other lien.
Sec. 8. No building or construction of any kind shall be allowed on lots 1, 2, 3, 4, 5, or 6.
(Revised May 27, 2000)
ARTICLE VIII
Seal
The corporate seal of this association shall be circular in form and the name of the corporation and "Windsor Township, Lawrence Co., Ohio" and "Seal, 1962" shall be on said seal.
(DIAGRAM)
It shall be indented in the paper to which or on which it is affixed.
The seal shall be affixed to all certificates or memberships, deeds or other writings, to be executed by the association, and as ordered by the board of directors.
ARTICLE IX
How Notice May Be Given
Whenever notice is required to be given, and the manner or giving is not specified, a notice deposited in the mail with prepaid postage, properly addressed to the party at his last known post office address, accompanied by the usual notification to the postmaster to return the piece of mail if not called for in five days, shall be presumed to be legal notice and given when so mailed.
ARTICLE X
Miscellaneous Provisions
Sec. 1. The board of directors shall effect an overall long range plan, previously approved by the membership, for the development of the association's property and the benefit of the members. No building, either of structures, roads, sewer lines, gas or power lines, or other permanent improvements shall be done piecemeal, but all buildings, and permanent improvements shall be constructed and developed as part and parcel of a long range plan, adopted and approved by the board of directors.
Sec. 2. A permanent road or roads shall be constructed at such locations as will adequately serve each lot. Said roads shall be of appropriate width and of uniform grade and character, so as to give no preference to any lot or group of lots, and shall be constructed upon such locations as to afford the best entrance and exit to each lot, and the same time preserve the forested nature of the landscape. Said road shall be of sufficient width to adequately accommodate traffic at all points, be located on the best possible grade, and be permanently graded and drained by the use of approved and modern road construction methods. After the construction is completed, the road shall be maintained at the expense of the association.
Sec. 3. The board of directors shall, as a part of the plan for the operations of the property and the facilities of the association, provide an adequate and effective method of excluding from the property, and from the use of its facilities, all trespassers and persons not entitled to be on the property or the use of the association's facilities strictly private and for the exclusive use of members and their authorized guests.
Sec. 4. These by-laws may be amended when the proposed amendment originating with the board of directors or recommended to the board of directors is first approved by a majority of the board of directors, after it has been read at two separate board meetings, and then is presented with the proper prior notice of such meeting for approval by a majority vote of the members present at said meeting, and the eligible absentee ballots submitted, signed and sealed, to the boards secretary as prescribed hereinbefore. The board of directors shall consider, and approve or disapprove, proposed amendments to the by-laws if such amendments be in proper form and be presented with the signatures of at least twenty percent (20%) of the members of the association; any such amendments whether or not approved by the board of directors shall be brought before the membership at an annual or special meeting called for that purpose and may be approved and amended by a majority vote of the members as prescribed hereinabove notwithstanding lack of the board of directors. (See Article III, Sec. 6.)
Sec. 5. Roberts Rules of Order shall govern all matters of parliamentary law or procedure for the association not specifically provided for in these by-laws, by law or in rules and regulations.
Sec. 6. The association's accounting period and records, for business purposes, shall be on a calendar year basis.
Sec. 7. The board of directors shall, and are hereby directed to, accept, at the earliest possible moment following the adoption of these by-laws, the transfer of any and all real or other property belonging to the Highlawn Fishing Club, Inc., any and all funds for capital improvements to such property and any and all records pertaining to such property and funds including all minute books, correspondence, reports and all other financial and other records prior to the date of transfer of real or other property, and to accept or cause to be accepted, deeds and nay and all other necessary legal papers required to transfer such property to Lake Forest Association, Inc., and shall immediately thereafter take such steps as may be necessary to legally record such deeds or other papers. The board of directors shall, and are hereby directed to, assume, at the time of accepting transfer of real or other property belonging to the Highlawn Fishing Club, Inc., all outstanding indebtedness and other obligations legally binding upon the Highlawn Fishing Club, Inc., at the time of transfer of any and all real or other property to Lake Forest Association, Inc., insofar as such indebtedness or other obligations are appurtenant to such real or other property.
APPLICANT SIGNATURE/DATE:______________________________________________________________________________
MEMBER SIGNATURE/DATE:________________________________________________________________________________
BY-LAWS.CLB