INDEX
1095 WESTWOOD DRIVE, CHANDLER, TEXAS 75758
903-849-3226
ORDER OF BUSINESS………………………………...................................................(PAGE 1)
ARTICLE I
PROPERTY OWNERS………………………………....................................................(PAGE 1)
ARTICLE II
MAINTENANCE FEE AND ASSESSMENTS………………………………..............(PAGE 2)
ARTICLE III
OFFICERS AND DIRECTORS………………………………......................................(PAGE 2)
ARTICLE IV
FUNDS OF THE ASSOCIATION AND DISBURSEMENTS………………………..(PAGE 4)
ARTICLE V
PROCEDURE FOR REMOVAL OF AN OFFICER OR DIRECTOR FOR
NON-PERFORMANCE OF DUTIES OR MISCONDUCT IN OFFICE……………(PAGE 5)
ARTICLE VI
ELECTION PROCEDURE……………………………….............................................(PAGE 8)
ARTICLE VII
COMMITTEES………………………………................................................................(PAGE 9)
ARTICLE VIII
MEETINGS……………………………….......................................................................(PAGE 9)
ARTICLE IX
MISCELLANEOUS………………………………..........................................................(PAGE 9)
ARTICLE X
APPLICATION FOR RENTAL OF PROPERTY BY PROPERTY
OWNERS IN WESTWOOD BEACH SUBDIVISION………………………..……..(PAGE 11)
ARTICLE XI
RULES AND REGULATIONS………………………………......................................(PAGE 12)
ARTICLE XII
AMENDMENT TO BYLAWS……………………………….......................................(PAGE 13)
BYLAWS
OF
WESTWOOD BEACH OWNERS ASSOCIATION
1095 WESTWOOD DRIVE, CHANDLER, TEXAS 75758
NOTE AN * WILL DENOTE APPROVED AMENDMENTS
ORDER OF BUSINESS
1. OPENING
2. ROLL CALL OF OFFICERS AND BOARD OF DIRECTORS
3. READING OF MINUTES OF ANNUAL MEETING AND SPECIAL MEETINGS
4. READING OF MINUTES AND/OR ACTION OF MEETINGS OF BOARD OF DIRECTORS
5. FINANCIAL REPORT *
6. REPORT OF COMMITTEES
7. UNFINISHED BUSINESS
8. NEW BUSINESS
9. ELECTION OF OFFICERS AND DIRECTORS *
10. GOOD OF THE OWNERS ASSOCIATION
11. ADJOURNMENT
ARTICLE 1
PROPERTY OWNER
SECTION 1.
* EACH OWNER OF ONE OR MORE LOTS IN WESTWOOD BEACH SUBDIVISION WHO ARE CURRENT IN PAYMENT OF MAINTENANCE FEES AND ASSESSMENTS SHALL BE ELIGIBLE TO USE ALL FACILITIES AS PROVIDED BY WESTWOOD BEACH OWNERS ASSOCIATION.
* IF A OWNER IS UNDER CONTRACT TO MAKE PAYMENT AND THE PAYMENTS ARE MADE IN COMPLIANCE WITH THE CONTRACT, THEY ARE CURRENT.
SECTION 2.
* (A ) AN OWNER AND/OR THEIR SPOUSE SHALL BE ENTITLED TO ONLY ONE (1) VOTE EACH AT MEETING OF OWNERS, REGARDLESS OF TOTAL NUMBER OF LOTS OWNED.
(B ) MULTI OWNERS SHALL BE ENTITLED TO ONLY TWO (2) VOTES AT MEETING OF OWNERS, REGARDLESS OF THE NUMBER OF OWNERS AND/OR NUMBER OF LOTS OWNED.
(C ) ALL VOTING AT MEETINGS OF OWNERS SHALL BE BY HAND VOTE WITH THE EXCEPTION OF THE ELECTION OF OFFICERS AND DIRECTORS, WHICH SHALL BE BY SECRET BALLOT AS PROVIDED FOR IN ARTICLE VII, SECTION 3, OF THE BYLAWS.
* IN ADDITION FEDERAL AND STATE LAWS PRECLUDE ANY PERSON UNDER EIGHTEEN (18) YEARS OF AGE IS NOT ELIGIBLE TO VOTE THEREFORE NO PERSON UNDER 18 YEARS OF AGE IS ELIGIBLE TO VOTE AT MEETING OF OWNERS.
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SECTION 3.
* UPON THE TERMINATION OF OWNERSHIP FOR ANY CAUSE. ALL THE RIGHTS AND INTEREST OF THE OWNER IN THE PRIVILEGES, RIGHTS, PROPERTIES, FUNDS OR ASSETS OF THE ASSOCIATION SHALL CEASE EPSO FACTO.
SECTION 4
OWNERSHIP SHALL BE EVIDENCED BY SUCH CARD, CERTIFICATE OR OTHER WRITING AS THE BOARD OF DIRECTORS SHALL AUTHORIZE.
ARTICLE II
MAINTENANCE FEE AND ASSESSMENTS
SECTION 1.
* MAINTENANCE FEES ARE $200.00 ANNUALLY PER PROPERTY OWNER AND $200.00 ANNUALLY FOR EACH ADDITIONAL OCCUPIED RESIDENCE.
* IF A PROPERTY OWNER IS FINANCIALLY UNABLE TO PAY THE TOTAL MAINTENANCE FEE DUE THEY SHALL SIGN A CONTRACT TO PAY EITHER WEEKLY OR MONTHLY, NOT TO EXCEED 90 DAYS. UPON RECEIPT OF PAYMENT A TEMPORARY CARD WILL BE ISSUED.
SECTION 2.
THE OWNERS PRESENT BY A MAJORITY VOTE AT AN ANNUAL OR SPECIAL MEETING CAN CHANGE THE MAINTENANCE FEE OR APPROVE A SPECIAL ASSESSMENT.
SECTION 3.
* IN THE EVENT THE PROPERTY OWNER DOES NOT COMPLY WITH ARTICLE II, SECTION 1, A $25.00 PENALTY SHALL BE ADDED TO AMOUNT OWED, COMMENCING THE FIRST MONDAY AFTER THE ANNUAL MEETING OF THE PROPERTY OWNERS ON THE LAST SATURDAY OF JUNE. A $10.00 PENALTY SHALL BE ADDED EVERY MONTH UNTIL CURRENT, UNLESS UNDER CONTRACT.
SECTION 4.
* PROPERTY OWNER IN ARREARS MORE THAN ONE (1) YEAR ON MAINTENANCE FEES AND/OR SPECIAL ASSESSMENT MAY BE CAUSE FOR THE BOARD OF DIRECTORS TO FILE A LIEN AGAINST OWNERS PROPERTY.
ARTICLE III
OFFICERS AND DIRECTORS
SECTION 1.
* (A ) THE OFFICERS AND DIRECTORS SHALL BE A PRESIDENT (CHAIRMAN OF THE BOARD OF DIRECTORS), VICE PRESIDENT (VICE CHAIRMAN) AND THREE (3) OTHER DIRECTORS WHICH SHALL CONSTITUTE A BOARD OF FIVE (5) DIRECTORS.
* (B ) NO OFFICER OR DIRECTOR WILL BE ELIGIBLE TO SERVE AS AN OFFICER OR DIRECTOR IF THEY ARE RELATED IN ANY MANNER TO EACH OTHER. ANY PERSON OR PERSONS UNDER CONTRACT AS AN INDEPENDENT CONTRACTOR FOR THE WESTWOOD BEACH OWNERS ASSOCIATION SHALL NOT BE RELATED IN ANY MANNER WHAT EVER, TO AN OFFICER OR DIRECTOR.
* (C ) THE OFFICERS, DIRECTORS AND RECORDING FINANCIAL SECRETARY SHALL COMPLY WITH ARTICLE II, SECTION 1., WITH PAYMENT OF MAINTENANCE FEES TO MAINTAIN THEIR RESPECTIVE OFFICES OR POSITIONS.
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* (D ) THE PRESIDENT (CHAIRMAN OF THE BOARD) SHALL BE ELECTED FOR A TWO (2) YEAR TERM AT THE ANNUAL MEETING OF THE PROPERTY OWNERS. * A CANDIDATE FOR THE OFFICE OF PRESIDENT IS REQUIRED TO SERVE OR HAVE PREVIOUSLY SERVED A TERM OF TWO (2) YEARS AS A MEMBER OF THE BOARD OF DIRECTORS FOR THE PURPOSE OF ACQUIRING SOME KNOWLEDGE OF THE OPERATION OF THE ASSOCIATION. THE VICE PRESIDENT ( VICE CHAIRMAN) SHALL BE ELECTED TO A TWO (2) YEAR TERM. DIRECTOR #1 SHALL BE ELECTED TO A TWO (2) YEAR TERM IN THE SAME YEAR AS THE VICE PRESIDENT. DIRECTORS #2 AND #3 SHALL BE ELECTED TO A TWO (2) YEAR TERM THE FOLLOWING YEAR. IN ORDER TO ALWAYS HAVE A QUORUM OF THE BOARD OF DIRECTORS BASED ON STAGGERING THE TERMS 0F THE OFFICERS AND DIRECTORS. ALL OFFICERS AND DIRECTORS MAY SUCCEED THEMSELVES IN OFFICE.
* (E ) THE PRESIDENT (CHAIRMAN OF THE BORD), VICE PRESIDENT (VICE CHAIRMAN OF THE BOARD) SHALL BE REFERRED TO HEREAFTER AS THE PRESIDENT AND VICE PRESIDENT.
SECTION 2.
(A ) THE PRESIDENT SHALL BE THE CHIEF EXECUTIVE OFFICER OF THE ASSOCIATION AND SHALL PRESIDE OVER MEETINGS OF THE OWNERS AND BOARD OF DIRECTORS.
(B ) THE PRESIDENT SHALL BE RESPONSIBLE FOR CONDUCTING ORDERLY MEETINGS OF THE OWNERS AND BOARD OF DIRECTORS. HAVE A REASONABLE KNOWLEDGE OF ROBERTS RULES OF ORDER AND PARLIAMENTARY PROCEDURE: AND FOLLOW THE ORDER OF BUSINESS AS PROVIDED IN THE BYLAWS.
(C ) “PURSUANT TO ROBERTS RULES OF ORDER REVISED” THE PRESIDENT CAN NOT VOTE TO MAKE A TIE, BUT CAN GIVE THE MAJORITY VOTE.
SECTION 3.
(A ) THE AFFAIRS AND MANAGEMENT OF THE ASSOCIATION BETWEEN ANNUAL OR SPECIAL MEETINGS SHALL BE CONDUCTED BY THE PRESIDENT IN COOPERATION WITH THE VICE PRESIDENT AND OTHER MEMBERS OF THE BOARD OF DIRECTORS.
(B ) THE VICE PRESIDENT SHALL EXERCISE THE FUNCTIONS AND RESPONSIBILITIES OF PRESIDENT IN THEIR ABSENCE AND PERFORM SUCH OTHER DUTIES AS MAY BE DIRECTED BY PRESIDENT.
* (C ) IN THE EVENT THAT AN OFFICER OR BOARD MEMBER IS ABSENT FOR TWO (2) OR MORE MEETINGS WITHOUT A LEGITIMATE AND COMPELLING REASON, THE OFFICE OF THE OFFICER OR BOARD MEMBER SHALL BE DECLARED VACANT BY THE BOARD OF DIRECTORS AND THE VACANCY SHALL BE FILLED IN ACCORDANCE WITH ARTICLE III SECTION 5, OF THE BYLAWS.
SECTION 4.
(A ) THE BOARD OF DIRECTORS SHALL MEET THE THIRD (3RD) SATURDAY OF EACH MONTH AT THE OFFICE OF WESTWOOD BEACH OWNERS ASSOCIATION AND A MAJORITY OF THE DIRECTORS MUST BE PRESENT TO CONDUCT A LEGAL MEETING.
* IF THERE IS A COMPELLING REASON TO CHANGE THE DATE OF THE MEETING OR THE PLACE OF THE MEETING AS SET FORTH ABOVE, THE PRESIDENT SHALL INSTRUCT THE RECORDING FINANCIAL SECRETARY TO ADVISE THE PROPERTY OWNERS OF THE CHANGED DATE OF THE MEETING OR THE CHANGED PLACE OF THE MEETING. THE PRESIDENT SHALL NOT POSTPONE OR CANCEL A MEETING, WITHOUT APPROVAL OF A MAJORITY OF THE BOARD OF DIRECTORS.
* ALL MEETINGS OF THE BOARD OF DIRECTORS SHALL BE OPEN TO PROPERTY OWNERS, WITH THE EXCEPTION, AN EXECUTIVE MEETING MAY BE CALLED REGARDING PROBLEMS WITHIN THE BOARD OF DIRECTORS AS PROVIDED IN SECTION 4. (B ).
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* (B ) THE PRESIDENT IS AUTHORIZED TO CALL SPECIAL MEETINGS OF THE BOARD OF DIRECTORS AND SHALL DO SO , BY A REQUEST IN WRITING OF A QUORUM OF THE BOARD OF DIRECTORS STATING THE PURPOSE OF THE MEETING.
* (C ) THE RECORDING FINANCIAL SECRETARY SHALL FURNISH A COPY OF THE MINUTES OF ALL
MEETINGS TO THE BOARD OF DIRECTORS AT THE SUCCEEDING MEETING AND A COPY OF THE FINANCIAL STATEMENT, IN ADDITION RETAIN A PERMANENT FILE COPY.
* (D ) THE RECORDING FINANCIAL SECRETARY SHALL KEEP OR CAUSE TO BE KEPT, MINUTES OF THE ANNUAL OR SPECIAL MEETINGS OF THE OWNERS AND BOARD OF DIRECTORS, IN ADDITION FURNISH A COPY TO OWNERS ON REQUEST. FURTHER, SHALL KEEP A COMPLETE LIST OF OWNERS AND THEIR MAILING ADDRESSES. SHALL PROVIDE NOTICES OF MAILING TO OWNERS AND SHALL PERFORM ALL DUTIES REQUIRED BY A RECORDING FINANCIAL SECRETARY.
* (E ) IN ORDER FOR THE RECORDING FINANCIAL SECRETARY TO KEEP AND MAINTAIN CORRECT RECORDS, THE PROPERTY OWNERS SHALL FILE WARRANTY DEEDS OR DEEDS OF TRUST OF PROPERTY OWNED WITH THE HENDERSON COUNTY CLERK IN ATHENS, TEXAS.
SECTION 5.
* IF A VACANCY OCCURS DURING THE TERM OF AN OFFICER OR DIRECTOR DUE TO RESIGNATION, DEATH OR TERMINATION OF PROPERTY OWNERSHIP. A QUORUM OF THE REMAINING OFFICERS AND DIRECTORS SHALL FILL THE VACANCY. IF THE ABOVE CANNOT AGREE ON A PROPERTY OWNER TO FILL THE VACANCY THEN THE PRESIDENT WITHIN TEN (10) DAYS SHALL FILL THE VACANCY. IF THE VACANCY IS THE OFFICE OF PRESIDENT, THEN THE VICE PRESIDENT SHALL WITHIN THE (10) DAYS FILL THE VACANCY.
SECTION 6.
* IN THE EVENT THE OFFICE OF PRESIDENT, VICE PRESIDENT AND ONE BOARD OF DIRECTOR IS VACATED SIMULTANEOUSLY WHICH WOULD NOT LEAVE A QUORUM OF THE REMAINING OFFICERS TO FILL THE VACANCIES, THE RECORDING FINANCIAL SECRETARY SHALL IMMEDIATELY NOTIFY THE ELIGIBLE PROPERTY OWNERS THAT A SPECIAL MEETING WILL BE HELD ON A WEEKEND GIVING:PLACE, DATE AND TIME, NOT MORE THAN FIFTEEN (15) DAYS FROM THE DATE OF NOTIFICATION TO ELECT A PRESIDENT, VICE PRESIDENT AND ONE BOARD OF DIRECTORS.
SECTION 7.
* THE BOARD OF DIRECTORS SHALL PREPARE A BUDGET FOR OPERATING EXPENSES OF THE ASSOCIATION AND SUBMIT A COPY TO EACH PROPERTY OWNER WITH THE MAINTENANCE FEE STATEMENT.
SECTION 8.
* (A ) ALL CONTRACTS SUBMITTED FOR BIDS SHALL BE ADVERTISED WITH A COMPLETE DESCRIPTION THIRTY (30) DAYS PRIOR TO AWARDING. FURTHER ALL BIDS MUST BE RECEIVED FIFTEEN (15) DAYS PRIOR TO AWARDING FOR THE BOARD OF DIRECTORS TO HAVE SUFFICIENT TIME TO CONDUCT A THOROUGH INVESTIGATION, TO DETERMINE IF THE RESUME, COMPLIES WITH THE CONTRACT DESCRIPTION AS ADVERTISED. THE CONTRACT DESCRIPTION AND CONTRACT AWARDED MUST SPECIFY THAT THE SUCCESSFUL BIDDER IS A SELF EMPLOYED INDEPENDENT CONTRACTOR.
* (B ) THE RECORDING FINANCIAL SECRETARY, THE POOL ATTENDANT, THE BATH HOUSE AND GROUNDS MAINTENANCE CONTRACTS SHALL BE AWARDED BY THE BOARD OF DIRECTORS. IT SHALL NOT BE MANDATORY THAT THE LOWEST BIDS BE ACCEPTED. NO CONTRACT SHALL BE AWARDED IF IT IS DETERMINED BY NEGOTIATIONS THAT THERE WOULD BE A CONFLICT OF INTEREST WITH ANY OFFICER OR DIRECTOR.
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* (C ) IT SHALL NOT BE MANDATORY THAT THE BOARD OF DIRECTORS ADVERTISE ANNUALLY TO COVER CONTRACTS PERFORMED BY SELF EMPLOYED INDEPENDENT CONTRACTORS AS SET FORTH IN SECTION 8, OF ARTICLE III, IF SELF EMPLOYED INDEPENDENT CONTRACTORS ARE PERFORMING SATISFACTORILY THE CONTRACTS AS DESCRIBED IN THE CONTRACT DESCRIPTION.
* (D ) IF THE BOARD OF DIRECTORS ELECT TO ADVERTISE FOR BIDS FOR A SELF EMPLOYED INDEPENDENT CONTRACTOR RECORDING FINANCIAL SECRETARY ANNUALLY, THERE SHALL BE AN AUDIT OF THE FINANCIAL RECORDS OF WESTWOOD BEACH OWNERS ASSOCIATION. IN ADDITION THERE SHALL BE A TEN (10) DAY TRANSITION PERIOD FOR THE NEW RECORDING FINANCIAL SECRETARY TO WORK WITH THE INCUMBENT TO BECOME FAMILIAR WITH THE RECORD KEEPING PROCEDURE OF WESTWOOD BEACH OWNERS ASSOCIATION.
* (E ) THE RECORDING FINANCIAL SECRETARY (SHE/HE) SHALL BE A PERMANENT RESIDENT IN WESTWOOD BEACH SUBDIVISION.
* (F ) A SELF EMPLOYED INDEPENDENT CONTRACTOR OF WESTWOOD BEACH OWNERS ASSOCIATION SHALL NOT SUB-CONTRACT ANY WORK AS SET FORTH IN THE JOB DESCRIPTION OR CONTRACT AWARDING THE JOB.
* (G ) THE BOARD OF DIRECTORS SHALL HAVE THE AUTHORITY TO CANCEL OR TERMINATE ANY CONTRACT, AFTER AWARDING TO A SELF EMPLOYED INDEPENDENT CONTRACTOR, IF IT IS DETERMINED AFTER INVESTIGATION THAT THE SELF EMPLOYED INDEPENDENT CONTRACTOR DOES NOT HAVE THE ABILITY OR WILL NOT PERFORM THE WORK AS PROVIDED FOR IN THE CONTRACT AND JOB DESCRIPTION.
SECTION 9.
* LIABILITY INSURANCE OF NOT LESS THAN $100,000 SHALL BE CARRIED BY THE WESTWOOD BEACH OWNERS ASSOCIATION.
ARTICLE IV
FUNDS OF THE ASSOCIATION AND DISBURSEMENTS
SECTION 1.
* (A ) THE FISCAL YEAR OF WESTWOOD BEACH OWNERS ASSOCIATION SHALL BEGIN ON APRIL ONE (1) OF EVERY YEAR AND END MARCH THIRTY FIRST (31) OF THE SUCCEEDING YEAR.
(B ) FUNDS OF THE ASSOCIATION CANNOT BE CO-MINGLED. THEREFORE ALL MONEYS COLLECTED AS MAINTENANCE FEES SHALL BE DEPOSITED IN THE MAINTENANCE FEE ACCOUNT.
(C ) ALL MONEYS COLLECTED AS ASSESSMENTS SHALL BE DEPOSITED IN A SPECIAL ASSESSMENT ACCOUNT AND CAN BE USED ONLY FOR THE PURPOSE AS DESIGNATED IN THE PROPOSED ASSESSMENT NOTICE TO OWNERS, AFTER APPROVAL AS PROVIDED FOR IN SECTION 2 OF ARTICLE II.
SECTION 2.
* (A ) NO DISBURSEMENTS CAN BE MADE FROM THE MAINTENANCE ACCOUNT OR THE SPECIAL ACCOUNT UNLESS THE CHECKS ARE SIGNED IN ACCORDANCE WITH SECTION 3, (A). THE VOUCHERS SHALL BE INITIALED BY ALL BOARD OF DIRECTORS PRESENT AT THE MEETING OF THE BOARD OF DIRECTORS AND A COPY BE RETAINED IN THE PERMANENT FILE.
( PAGE 5 )
* (B ) NO DISBURSEMENTS IN EXCESS OF $3,000.00 FOR ANY REASON CAN BE MADE BY THE BOARD OF DIRECTORS, UNLESS APPROVED BY ELIGIBLE PROPERTY OWNERS BY MAJORITY VOTE
AT A SPECIAL CALLED OR ANNUAL MEETING OF THE PROPERTY OWNERS OF WESTWOOD BEACH OWNERS ASSOCIATION.
SECTION 3.
* (A ) THE PRESIDENT, VICE PRESIDENT, DIRECTOR AND RECORDING FINANCIAL SECRETARY SHALL SIGN THE SIGNATURE CARD AT DESIGNATED BANK AND TWO (2) OF THE ABOVE NAME SIGNATURES MUST BE ON ALL CHECKS ISSUED FOR DISBURSEMENTS.
* (B ) THE BOARD OF DIRECTORS SHALL APPOINT A DIRECTOR AS A SIGNER ON THE BANK SIGNATURE CARD AND FOR THE PURPOSE OF BONDING.
* (C ) THE PRESIDENT, VICE PRESIDENT, DIRECTOR, RECORDING FINANCIAL SECRETARY SHALL BE BONDED A SUFFICIENT AMOUNT TO PROTECT THE FINANCIAL INTEREST OF THE OWNERS. THE AMOUNT OF THE BOND SHALL BE DETERMINED BY THE BOARD OF DIRECTORS AND PAID FOR BY THE ASSOCIATION.
* (D ) ALL OFFICERS AND THE DIRECTORS APPOINTED BY THE BOARD OF DIRECTORS AS A SIGNER ON THE BANK SIGNATURE CARD, WHO ARE BONDED SHALL BE A PROPERTY OWNER AND PERMANENT RESIDENT OF WESTWOOD BEACH SUBDIVISION.
SECTION 4.
* (A ) THE RECORDING FINANCIAL SECRETARY SHALL WORK CLOSELY WITH THE PRESIDENT OF THE ASSOCIATION IN THE COLLECTION OF ALL MONEYS TO BE DEPOSITED IN A DESIGNATED BANK AND THE HANDLING AND DISBURSEMENTS OF ALL MONEYS. HE OR SHE SHALL BE RESPONSIBLE FOR THE PROPER ACCOUNTING OF THE ASSOCIATION’S FINANCIAL MATTERS AND SHALL HAVE A BOOKKEEPING PROCEDURE BACKGROUND AND COMPUTER EXPERIENCE.
* (B ) THIS PROPOSED BYLAW AMENDMENT DELETES THE OFFICE OF TREASURER, BECAUSE THE RESPONSIBILITIES OF TREASURER ARE CLOSELY CO-MINGLED WITH THE RECORDING FINANCIAL SECRETARY. THEREFORE, THE DUTIES OF THE TREASURER CAN BE MORE EFFICIENTLY PERFORMED BY THE RECORDING FINANCIAL SECRETARY, WHICH IS PRESENTLY BEING PERFORMED BY THE RECORDING SECRETARY.
ARTICLE V
PROCEDURE FOR REMOVAL OF AN OFFICER OR DIRECTOR FOR NON-PERFORMANCE
OF DUTIES OR MISCONDUCT IN OFFICE
SECTION 1.
IF IT IS ALLEGED BY AN OFFICER OR TWO DIRECTORS OR BY TEN (10) PROPERTY OWNERS OR MORE THAT AN OFFICER OR DIRECTOR HAS NOT PERFORMED THE DUTIES OF THEIR OFFICE OR HAS NOT CONDUCTED THEMSELVES IN A MANNER THAT IS NOT IN THE BEST INTEREST OF THE PROPERTY OWNERS, THE FOLLOWING PROCEDURE CAN BE INSTITUTED.
(A ) AN OFFICER AND/OR TWO DIRECTORS OR TEN (10) PROPERTY OWNERS OR MORE MAY SET FORTH IN WRITING IN THE FORM OF A RE-CALL PETITION THE ALLEGATIONS OF NON-PERFORMANCE OF DUTIES AND/OR MISCONDUCT.
* ANY PROPERTY OWNER UNDER CONTRACT TO THE ASSOCIATION AS A SELF-EMPLOYED OR INDEPENDENT CONTRACTOR OR ANY PROPERTY OWNER WHO IS NOT CURRENT IN THEIR PAYMENT OF MAINTENANCE FEES SHALL NOT BE A SIGNATURE ON THE PETITION. IN ADDITION, THE DATE, TIME, AND PLACE TO SUPPORT THE NON-PERFORMANCE OR MISCONDUCT IN OFFICE.
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* THE HEARING BOARD CHAIRMAN SHALL BE FURNISHED FIVE (5) TYPED WRITTEN BALLOTS DESIGNATED AS HEARING BOARD BALLOTS. THE BALLOTS SHALL ALSO DESIGNATE: GUILTY
OR NOT GUILTY.
* IN THE EVENT OF A TIE VOTE THE HEARING BOARD CHAIRMAN SHALL UN-TIE THE VOTE. THE HEARING BOARD MEMBERS SHALL NOT SIGN THE BALLOT.
(B ) THE ACCUSERS SHALL MAIL A COPY CONTAINING THE ALLEGATIONS TO THE RECORDING FINANCIAL SECRETARY BY “REGISTERED MAIL-RETURN RECEIPT REQUESTED” WHO IN TURN WITHIN FIFTEEN (15) DAYS AFTER RECEIVING SHALL MAIL A COPY OF THE ALLEGATIONS, “RETURN RECEIPT REQUESTED” TO THE PRESIDENT OR THE NEXT OFFICER IN LINE AND TO THE ACCUSED.
SECTION 2.
* THERE SHALL BE AN INDEPENDENT HEARING BOARD OF FIVE (5) ELIGIBLE PROPERTY OWNERS WHO ARE NOT AN OFFICER OR DIRECTOR TO HEAR ALLEGATIONS AGAINST OFFICERS OR DIRECTORS FOR NON-PERFORMANCE OF DUTIES OR MISCONDUCT IN OFFICE AS FOLLOWS:
1. THE PRESIDENT OR NEXT OFFICER IN LINE AFTER RECEIVING A COPY OF THE ALLEGATIONS SHALL WITHIN FIVE (5) DAYS APPOINT ONE (1) PROPERTY OWNER AS CHAIRMAN OF THE HEARING BOARD AND SEND A COPY OF THE ALLEGATIONS TO THE APPOINTED PROPERTY OWNER. THE HEARING BOARD CHAIRMAN SHALL ALSO APPOINT ONE (1) PROPERTY OWNER TO SERVE ON THE HEARING BOARD.
2. THE PRESIDENT OR THE NEXT OFFICER IN LINE WITHIN THE SAME FIVE (5) DAY PERIOD AS STATED ABOVE ADVISE THE REMAINING MEMBERS OF THE BOARD OF DIRECTORS OF RECEIPT OF ALLEGATIONS AND REQUEST THE REMAINING MEMBERS OF THE BOARD OF DIRECTORS TO APPOINT ONE (1) PROPERTY OWNER TO SERVE ON THE HEARING BOARD. THE PRESIDENT OR THE NEXT OFFICER IN LINE SHALL BE ADVISED THE NAME AND ADDRESS OF THE PROPERTY OWNER APPOINTED, WHO SHALL ADVISE THE CHAIRMAN OF THE HEARING BOARD THE NAME AND ADDRESS OF THE PROPERTY OWNER APPOINTED.
3. THE HEARING BOARD CHAIRMAN SHALL BE ASSISTED BY THE RECORDING FINANCIAL SECRETARY WITH ALL CORRESPONDENCE IN CONNECTION WITH THE ALLEGATIONS. THE CHAIRMAN OF THE HEARING BOARD WITHIN FIVE (5) DAYS SHALL NOTIFY IN WRITING THE ACCUSERS, AND THE ACCUSED, WITH A COPY OF THE ALLEGATIONS OF THE ACCUSED TO EACH APPOINT, (SINGULAR OR PLURAL) ONE (1) PROPERTY OWNER TO THE HEARING BOARD.
4. THE ACCUSERS AND THE ACCUSED SHALL IMMEDIATELY NOTIFY THE CHAIRMAN OF THE HEARING BOARD BY MAIL THE NAMES AND MAILING ADDRESSES OF THE PROPERTY OWNERS APPOINTED.
5. THE PROPERTY OWNER APPOINTED BY THE PRESIDENT OR THE NEXT OFFICER IN LINE AS CHAIRMAN OF THE HEARING BOARD, THE PROPERTY OWNER APPOINTED BY THE REMAINING MEMBERS OF THE BOARD OF DIRECTORS AND TWO (2) PROPERTY OWNERS APPOINTED BY THE ACCUSERS AND ACCUSED, SHALL CONSTITUTE A HEARING BOARD OF FIVE (5) PROPERTY OWNERS.
6. THE HEARING BOARD CHAIRMAN WITHIN FIVE (5) DAYS SHALL MAIL BY “REGISTERED MAIL-RETURN RECEIPT REQUESTED” A COPY OF THE ALLEGATIONS TO THE APPOINTED PROPERTY OWNERS, THE ACCUSED AND THE FIRST THREE (3) PROPERTY OWNERS ON THE RE-CALL PETITION. A NOTICE OF THE TIME, DATE AND PLACE OF THE MEETING SHALL ALSO BE ENCLOSED WITH THE COPY OF THE ALLEGATIONS TO THE APPOINTED PROPERTY OWNERS, THE ACCUSERS, THE ACCUSED AND THE FIRST THREE (3) PROPERTY OWNERS ON THE RE-CALL PETITION.
7. THE HEARING BOARD SHALL APPOINT A SECRETARY FROM ONE OF THE HEARING BOARD MEMBERS.
8. THE ACCUSED AND ACCUSERS IF THEY DESIRE SHALL EACH APPOINT ONE (1) PROPERTY OWNER TO REPRESENT THEM AS SPOKESMAN.
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9. THEY SHALL BE ALLOWED TO CROSS EXAMINE AND HAVE REBUTTAL.
10. THE HEARING SHALL BE OPEN TO ELIGIBLE PROPERTY OWNERS.
11. IF A MAJORITY OF THE HEARING BOARD PRESENT DETERMINES BY SECRET BALLOT THAT THE ALLEGATIONS AGAINST THE ACCUSED ARE VALID, THE HEARING BOARD CHAIRMAN SHALL NOTIFY IN WRITING THE PRESIDENT OR NEXT OFFICER IN LINE, OF THE DECISION OF THE HEARING BOARD.
12. IF IT IS NECESSARY TO FILL A VACANCY IT SHALL BE FILLED; IN ACCORDANCE WITH ARTICLE III, SECTION 5, AS PROVIDED IN THE BYLAWS.
13. THE ASSOCIATION SHALL PAY THE EXPENSES INCURRED, SUCH AS POSTAL EXPENSE, COPIES, ETC. IN CONNECTION WITH THE HEARING.
ARTICLE VI
ELECTION PROCEDURE
SECTION 1.
AT THE ANNUAL MEETING WHEN THE PROPERTY OWNERS REGISTER, IF ELIGIBLE TO VOTE, SHALL BE FURNISHED A PRINTED PAPER BALLOT UNIFORM IN COLOR AND SIZE.
SECTION 2.
* (A ) UNDER THE ORDER OF BUSINESS FOR ELECTION OF OFFICERS AND DIRECTORS, AFTER NOMINATIONS ARE MADE AND CLOSED, THE PRESIDENT SHALL APPOINT AN ELECTION JUDGE AND THREE (3) TELLERS WHO SHALL HAVE FULL AUTHORITY TO CONDUCT THE ELECTION.
* (B ) NO CANDIDATE FOR OFFICE SHALL SERVE AS ELECTION JUDGE OR TELLER.
SECTION 3.
* THE ELECTION JUDGE WITH THE ASSISTANCE OF THE PRESIDENT SHALL PROVIDE A SEALED BALLOT BOX AND THE ELECTION SHALL BE BY SECRET BALLOT.
SECTION 4.
* THE PROPERTY OWNER SHALL WRITE THE NAME OF THE PERSON OR PERSONS NOMINATED THEY ARE VOTING FOR AND PERSONALLY DEPOSIT THE BALLOT IN THE BALLOT BOX. THE BALLOT MUST NOT BE SIGNED BY THE PROPERTY OWNER.
SECTION 5.
* AFTER ALL ELIGIBLE VOTERS HAVE VOTED THAT DESIRE TO VOTE, THE ELECTION JUDGE SHALL CLOSE THE VOTING AND INSTRUCT THE TELLERS TO PROCEED WITH THE COUNTING OF THE BALLOTS. THE BALLOTS SHALL BE RECORDED ON A TALLY SHEET. CANDIDATES FOR OFFICE OR THEIR APPOINTED OBSERVER MAY OBSERVE THE COUNTING AND THE RESULTS CERTIFIED BY THE ELECTION JUDGE, THE BALLOTS AND BOX SHALL BE SEALED AND RETAINED FOR A PERIOD OF THIRTY (30) DAYS IN THE EVENT THERE IS A CHALLENGE, BEFORE BURNING.
SECTION 6.
* THE NOMINEE RECEIVING THE MOST VOTES AS AN OFFICER OR DIRECTOR SHALL BE DECLARED ELECTED BY THE ELECTION JUDGE.
SECTION 7.
* THE PRESIDENT, VICE PRESIDENT AND THREE (3) DIRECTORS ELECTED SHALL TAKE OFFICE IMMEDIATELY UPON BEING ELECTED.
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ARTICLE VII
COMMITTEES
SECTION 1.
THE PRESIDENT OF THE ASSOCIATION SHALL APPOINT ALL COMMITTEES FROM TIME TO TIME, AND DELEGATE TO SUCH COMMITTEES SUCH DUTIES AS HE/SHE MAY DEEM PROPER.
SECTION 2.
* THE PRESIDENT SHALL APPOINT THE FOLLOWING COMMITTEES AND ADVISE THEM OF THEIR RESPONSIBILITY. THE NUMBER OF OWNERS ON EACH COMMITTEE SHALL BE AT THE PRESIDENTS DISCRETION.
1. GROUND AND ROAD COMMITTEE
2. RECREATION AND ENTERTAINMENT COMMITTEE
3. BUILDING COMMITTEE
4. FUND COMMITTEE
5. AUDIT COMMITTEE
ARTICLE VIII
MEETINGS
SECTION 1.
(A ) THE ANNUAL MEETING OF THE OWNER’S OF THE ASSOCIATION SHALL BE HELD AT THE COMMUNITY CENTER IN WESTWOOD BEACH SUBDIVISION OR SUCH OTHER PLACE AS SHALL BE DETERMINED BY THE PRESIDENT OF THE ASSOCIATION ON THE LAST SATURDAY IN JUNE OF EACH YEAR AT 10:00 A.M.
(B ) THE OFFICE AT THE COMMUNITY CENTER WILL BE OPEN FROM 5:00 P.M. TO 8:00 P.M. ON FRIDAY PRIOR TO THE ANNUAL MEETING ON THE LAST SATURDAY IN JUNE OF EACH YEAR. ELIGIBLE PROPERTY OWNERS MAY REGISTER TO BE ELIGIBLE TO PARTICIPATE IN THE ANNUAL MEETING AT THE ABOVE TIME. REGISTRATION SHALL BEGIN AT 8:00 A.M. AND CLOSE AT 9:45 A.M. ON SATURDAY THE DAY OF THE ANNUAL MEETING. PROPERTY OWNERS WHO REGISTERED AT THE OFFICE ON FRIDAY WILL BE GIVEN THEIR CREDENTIAL AT THE ABOVE TIME ON SATURDAY AND MUST DO SO, TO BE ELIGIBLE TO PARTICIPATE AT THE ANNUAL MEETING.
* (C ) THE ELIGIBLE PROPERTY OWNERS SHALL BE MAILED PRIOR TO THE ANNUAL MEETING A NEWSLETTER OF THE NOTICE OF THE ANNUAL MEETING STATING THE TIME OF STARTING AND CLOSING REGISTRATION AND TIME OF STARTING THE MEETING. IN ADDITION THE NEWSLETTER SHALL SET-FORTH THE ACTIVITIES AND FINANCIAL STATEMENT OF THE ASSOCIATION.
ARTICLE IX
MISCELLANEOUS
SECTION 1.
ALCOHOLIC BEVERAGE SHALL NOT BE CONSUMED IN THE RECREATION AREA AT ANYTIME.
SECTION 2.
THE ASSOCIATION SHALL NOT ENTER INTO ANY CONTRACT TO PAY AND SHALL NOT PAY, ANY SALARY OR OTHER REMUMERATION TO ANY OFFICER, DIRECTOR OR COMMITTEE MEMBER OF THE ASSOCIATION FOR THEIR SERVICES AS SUCH.
SECTION 3.
NO SELF EMPLOYED INDEPENDENT CONTRACTOR SHALL PURCHASE ANYTHING WITHOUT PRIOR APPROVAL OF THE BOARD OF DIRECTORS.
( PAGE 9 )
SECTION 4.
THE PUBLIC FACILITIES BELONGING TO WESTWOOD BEACH OWNERS ASSOCIATION INCLUDING BUT NOT LIMITED TO THE SWIMMING POOL, PLAYGROUND, BOAT DOCKS AND GARBAGE DUMPSTERS, SHALL BE EXCLUSIVELY FOR THE USE OF ELIGIBLE PROPERTY OWNERS AND THEIR GUEST.
SECTION 5.
* PROPERTY OWNERS USING THE BOAT DOCKS SHALL DISPLAY ON THE RIGHT HAND LOWER CORNER OF THEIR VEHICLE WINDSHIELD A CURRENT STICKER FURNISHED TO THEM AT THE TIME OF PAYMENT OF THEIR ANNUAL MAINTENANCE FEES, OR DISPLAY THEIR CURRENT PROPERTY OWNERS CARD ON THE LOWER RIGHT HAND CORNER OF THE DASH ON THEIR VEHICLE. IN THE EVENT A GUEST OF THE PROPERTY OWNER IS USING THE BOAT DOCK, THE PROPERTY OWNERS GUEST CARD ISSUED TO THE PROPERTY OWNER AT THE TIME OF PAYMENT OF THEIR ANNUAL MAINTENANCE FEE MUST BE DISPLAYED ON THE LOWER RIGHT HAND CORNER OF THE DASH ON THEIR VEHICLE.
ON INSPECTION OF THE VEHICLE IT IS FOUND THE ABOVE PROVISION IS NOT COMPLIED WITH, THE WRECKER SERVICE COMPANY AS NOTED ON THE SIGN BOARD AT THE DOCK WILL BE NOTIFIED TO TOW THE VEHICLE TO THEIR PLACE OF BUSINESS, WHERE THE OWNER CAN RECOVER THEIR VEHICLE BY PAYING THE TOWING FEE.
* PROPERY OWNERS ASSUME THE RISKS AND ALL RESPONSIBILITY OF GUEST AS LONG AS GUEST HAS CARD. BOAT DOCK LOCKS HAVE BEEN ADDED TO THE GATES AT BOAT RAMPS. OWNERS WILL BE GIVEN A CODE TO UNLOCK LOCKS. IT WILL BE THE PROPERTY OWNERS’S RESPONSIBILITY TO MAKE SURE LOCKS ARE LOCKED AND CODE IS NOT GIVEN OUT.
SECTION 6.
* (A ) AT THE TIME A PROPERTY OWNER PAYS THEIR ANNUAL MAINTENANCE FEE AND REQUEST THREE (3) VEHICLE WINDSHIELD STICKERS AS THEY OWN THREE (3) VEHICLES, THEY MUST PROVIDE THE SECRETARY WITH LEGAL VERIFICATION AS THE OWNER OF THREE (3) VEHICLE.
* (B ) THE WINDSHIELD STICKER PROVIDED SHALL BE PLACED IN THE LOWER RIGHT SIDE OF THE WINDSHIELD ON THE PASSENGER SIDE OF THE VEHICLE.
SECTION 7.
THE 40’FT AND 50’FT EASEMENT WAS AWARDED IN THE PROPERTY REPORT TO THE UTILITY COMPANIES WHEN WESTWOOD BEACH WAS SEBDIVIDED WHICH INCLUDES THE DITCHES IN FRONT OF THE PROPERTY, IT IS THE RESPONSIBILITY OF THE PROPERTY OWNERS TO CLEAN THE DITCHES.
SECTION 8.
* NO PROPERTY OWNER CAN DISPLAY A SIGN ADVERTISING A BUSINESS.
SECTION 9.
AUTOMOBILES OR VEHICLES THAT ARE NOT USABLE AND WITHOUT A CURRENT LICENSE, OTHER DEBRIS AND OTHER RUBBISH SCATTERED OVER THE LOTS, MOBILE HOMES, RECREATIONAL TRAILERS AND STORAGE BUILDINGS THAT HAVE BEEN ABANDONED.
WHERE IT IS DETERMINED BY THE BOARD OF DIRECTORS THAT CONDITIONS EXIST AS DESCRIBED ABOVE, AN EFFORT WILL BE MADE TO CONTACT THE PROPERTY OWNER BY LETTER, THAT WILL PROVIDE A 30 DAY NOTICE TO CLEAN UP THE LOT OR LOTS. IN THE EVENT THE PROPERTY OWNER DOES NOT COMPLY WITH THE REQUEST, THE BOARD OF DIRECTORS WILL HAVE THE AUTHORITY TO CLEAN THE LOTS AS DESCRIBED ABOVE AT THE PROPERTY OWNERS EXPENSE FOR THE COST INCURRED.
( PAGE 10 )
ARTICLE X
WESTWOOD BEACH OWNERS ASSOCIATION
APPLICATION FOR RENTAL OF PROPERTY BY
PROPERTY OWNERS IN WESTWOOD BEACH SUBDIVISION
OWNER’S OF PROPERTY SHALL SECURE AN APPLICATION FROM THE
RECORDING FINANCIAL SECRETARY OF WESTWOOD BEACH OWNERS ASSOCIATION
__________________________________________________________
NAME OF PROPERTY OWNER
___________________________________________________________
NAME OF NON-PROPERTY OWNER
____________________________________________________________
LOT NUMBER AND SECTION TO BE RENTED
IT IS AGREED BY THE UNDERSIGNED PROPERTY OWNER AS FOLLOWS:
1. ONLY ONE PROPERTY SHALL BE RENTED BY PROPERTY OWNER OR SPOUSE.
*2. PROPERTY OWNER OR SPOUSE SHALL PAY THE WESTWOOD BEACH OWNERS ASSOCIATION *A
FEE ANNUALLY TO COVER COST OF USE OF FACILITIES BY THE NON-PROPERTY OWNER.
THE PROPERTY OWNER SHALL ALSO PAY THE REGULAR MAINTENANCE FEE AS SET-FORTH IN
THE BYLAWS OF WESTWOOD BEACH OWNERS ASSOCIATION. IN THE EVENT THE PROPERTY IS
VACATED BY THE NON-PROPERTY OWNER THE PROPERTY IS AGAIN RENTED THE PROPERTY
OWNER SHALL SECURE AND PROCESS ANOTHER APPLICATION FOR RENTAL OF PROPERTY.
3. THE PROPERTY OWNER SHALL PROTECT THE WESTWOOD BEACH OWNERS ASSOCIATION
WITH SUFFICIENT PROOF OF LIABILITY INSURANCE ON THE NON-PROPERTY OWNER FOR USE
OF THE FACILITIES.
4. THE PROPERTY OWNER SHALL BE RESPONSIBLE FOR MAINTAINING THE PROPERTY RENTED.
_______________________________________ ____________________________________________________
DATE SIGNATURE OF PROPERTY OWNER
( PAGE11 )
ARTICLE XI
RULES AND REGULATIONS
1. NO LOOSE HOUSEHOLD PETS:
(A ) NO ANIMALS OTHER THAN HOUSEHOLD PETS.
* (B ) ALL PETS MUST BE ON A LEASH OR FENCED IN, MUST BE VACCINATED FOR RABIES, AND MUST BE ABLE TO SHOW PROOF.
* (C ) VIOLATION OF THESE RULES SHALL BE AT OWNERS PERIL
* (D ) ANY OWNER OF A PET WHO ALLOWS IT TO RUN LOOSE CAN BE FINED.
* (E ) PITT BULLS OR AGGRESSIVE BREEDS OF DOGS MUST HAVE ID PERMIT FROM ASSOCIATION AND MUST BE IN A SECURE FENCE AT ALL TIMES.
2. SPEED LIMIT:
(A ) 20 M.P.H. THROUGH OUT THE SUBDIVISION.
3. COMMERCIAL BUSINESS:
(A ) THE ONLY LOTS IN WESTWOOD BEACH SUBDIVISION DESIGNATED FOR COMMERCIAL BUSINESS IS LOTS 376 THROUGH 379 SECTION C.
(B ) NO SALESPERSONS OR VENDORS, UNLESS A PERMIT OR PERMISSION IS RECEIVED FROM OWNERS ASSOCIATION. MUST BE ABLE TO SHOW PROPERTY OWNERS PERMIT WHEN ASKED, EXCEPTION CHILDREN UNDER AGE 10.
4. USE OF FACILITIES SHALL BE RESTRICTED TO PAID UP PROPERTY OWNERS, THEIR IMMEDIATE FAMILY AND THEIR GUEST. GUEST SHALL BE IN POSSESSION OF PROPERTY OWNERS GUEST CARD WHEN USING FACILITIES. GUEST CARD WILL BE DISPLAYED IN A VISIBLE PLACE ON DASH BOARD OR WINDSHIELD OF GUEST VEHICLE. FACILITIES CONSIST OF BOAT RAMPS, SWIMMING POOL, PICNIC AREA AND DUMPSTERS.
5. NO JUMPING, DIVING OR SWIMMING AT BOAT RAMPS. SAFETY REASONS. TO DO SO IS AT YOUR OWN RISK.
6. SWIMMING POOL AND PICNIC AREA RULES:
(A ) SIGNS POSTED AT POOL ARE TO BE COMPLIED WITH.
(B ) NO ALCOHOL BEVERAGE TO BE CONSUMED AT SWIMMING POOL AND PICNIC AREA.
(C ) CURFEW: THERE SHALL BE NO ACTIVITY AFTER 10:00 P.M. UNLESS THEY HAVE SPECIAL PERMISSION.
7. PARKING AT ALL PARKING AREAS:
(A ) PARKING DIAGONAL ONLY IN THE RAMP AREAS.
(B ) PARKING IS FOR PAID UP PROPERTY OWNERS ONLY. NO UNATTENDED BOATS ARE TO BE TIED IN BOAT LAUNCH PATH UNLESS LOADING AND UNLOADING.
8. NO BURNING OR CAMP FIRES SHALL BE LEFT UNATTENDED.
9. PRIDE OF OWNERSHIP:
(A ) NO OWNER SHALL DO OR ALLOW TO BE DONE ANY ACT WHICH CAUSES, OR THREATENS TO CAUSE ANY DAMAGE, ENCROACHMENT, OR DISREPAIR TO THE SUBJECT PROPERTY, COMMUNITY FACILITIES AND RESIDENCE BUILDING OR RESIDENCE SITE OF ANY OTHER OWNER.
10. OCCUPANCY CONDUCT:
AN OWNER SHALL NOT INTENTIONALLY OR UNITENTIONALLY ANNOY OR INTERFERE WITH THE RIGHTS OF OTHER OWNERS, THE CORPORATION, OR ANY OF THE OCCUPANTS OF THE SUBJECT PROPERTY BY UNREASONABLE NOISE, OFFENSIVE ODORS, IMPROPER NEIGHBORLY CONDUCT, OR ANY OTHER PUBLIC OR PRIVATE NUISANCE.
( PAGE 12 )
ARTICLE XII
AMENDMENT TO BYLAWS
THESE BYLAWS OR ANY PART THEREOF MAY BE AMENDED, MODIFIED OR REPEALED ONLY BY A MAJORITY VOTE OF THE OWNERS PRESENT AT AN ANNUAL MEETING OF WESTWOOD BEACH OWNERS ASSOCIATION.
WESTWOOD BEACH OWNERS ASSOCIATION
ARTICLE XI
RULES AND REGULATIONS
11. A Transfer Fee is $25.00
12. A Resale Certificate is $100.00
13. Solar and Flag installation rule
(A) Solar installations shall be in compliance with Texas State Statutes.
(B) Only United States Flags Texas State Flags and P.O.W. Flags are permissible.
Maximum dimension permissible for any flag is four (4) by six (6) feet.
Flags must be mounted on commercially available flag staffs or poles of aluminum or steel
construction.
14. Addendum to election procedures.
(A) Any member voting in any Association wide vote must be in writing and signed by the
member .
(B) Uncontested elections can be voted by showing of hands by election meeting attendees.
15. Rules of payment plan.
(A) Any owner delinquent in payment of annual maintenance fees due April 1 of each year
shall be allowed a payment plan.
(B) The payment plan must be signed by the delinquent owner within thirty (30) days after June
1st A penalty of $25.00 will be charged on July 1 and $10.00 each subsequent month.
(C) The payment plan will be for a minimum of three (3) months and a maximum of six (6)
months. A payment plan of longer term not to exceed eighteen (18) months must be
requested in writing to the Westwood Beach Board of Directors at least fourteen (14) days
prior to any monthly meeting.
(D) No payment plan will be offered to owners in default on one of the past two years.
16. Requests for records.
(A) Owner must make request by certified mail return receipt requested to mailing address of
association.
(B) The request must identify records requested.
(C) Owner must indicate whether owner wishes to inspect records or have association forward
copies.
(D) Association will provide written notice to owner if unable to produce requested records
within ten (10) days of receipt of request. Association will make every effort to provide access
to records for inspection or send records within fifteen (15) days of notice that association is
unable to meet original request.
(E) Records which will not be supplied:
1. Violation history of owners.
2. Owner personal financial information.
3. Owners contact information other than address.
4. Personnel files of employees and/or independent contractors.
17. Cost of information production and copying.
(A) Requests for information requiring more than fifty (50) pages or thirty (30) minutes or more
shall be paid at the rate of $15.00 per hour payable at the time of delivery.
(B) Copies of documents and information will be supplied by paying a fee of twenty (20) cents
per page.
(C) Requests for information or documents will be supplied within fourteen (14) days but may
require up to thirty (30 days.
18. Document rule.
(A) Articles of incorporation Deed restrictions bylaws rules and amendments shall be retained
In perpetuity.
(B) Financial records shall be retained for seven (7) years.
(C) Personnel contracts shall be retained five (5) years.
(D) Property ownership records shall be retained in perpetuity.
(E) Vendor and/or construction repair contracts shall be retained for five (5) years.
(F) All other documents or information shall be retained for a period of three (3) years.
19. E Mail rule.
(A) The monthly Board of Directors meeting will be posted permanently on the association web site.
1095 WESTWOOD DRIVE, CHANDLER, TEXAS 75758
903-849-3226
ORDER OF BUSINESS………………………………...................................................(PAGE 1)
ARTICLE I
PROPERTY OWNERS………………………………....................................................(PAGE 1)
ARTICLE II
MAINTENANCE FEE AND ASSESSMENTS………………………………..............(PAGE 2)
ARTICLE III
OFFICERS AND DIRECTORS………………………………......................................(PAGE 2)
ARTICLE IV
FUNDS OF THE ASSOCIATION AND DISBURSEMENTS………………………..(PAGE 4)
ARTICLE V
PROCEDURE FOR REMOVAL OF AN OFFICER OR DIRECTOR FOR
NON-PERFORMANCE OF DUTIES OR MISCONDUCT IN OFFICE……………(PAGE 5)
ARTICLE VI
ELECTION PROCEDURE……………………………….............................................(PAGE 8)
ARTICLE VII
COMMITTEES………………………………................................................................(PAGE 9)
ARTICLE VIII
MEETINGS……………………………….......................................................................(PAGE 9)
ARTICLE IX
MISCELLANEOUS………………………………..........................................................(PAGE 9)
ARTICLE X
APPLICATION FOR RENTAL OF PROPERTY BY PROPERTY
OWNERS IN WESTWOOD BEACH SUBDIVISION………………………..……..(PAGE 11)
ARTICLE XI
RULES AND REGULATIONS………………………………......................................(PAGE 12)
ARTICLE XII
AMENDMENT TO BYLAWS……………………………….......................................(PAGE 13)
BYLAWS
OF
WESTWOOD BEACH OWNERS ASSOCIATION
1095 WESTWOOD DRIVE, CHANDLER, TEXAS 75758
NOTE AN * WILL DENOTE APPROVED AMENDMENTS
ORDER OF BUSINESS
1. OPENING
2. ROLL CALL OF OFFICERS AND BOARD OF DIRECTORS
3. READING OF MINUTES OF ANNUAL MEETING AND SPECIAL MEETINGS
4. READING OF MINUTES AND/OR ACTION OF MEETINGS OF BOARD OF DIRECTORS
5. FINANCIAL REPORT *
6. REPORT OF COMMITTEES
7. UNFINISHED BUSINESS
8. NEW BUSINESS
9. ELECTION OF OFFICERS AND DIRECTORS *
10. GOOD OF THE OWNERS ASSOCIATION
11. ADJOURNMENT
ARTICLE 1
PROPERTY OWNER
SECTION 1.
* EACH OWNER OF ONE OR MORE LOTS IN WESTWOOD BEACH SUBDIVISION WHO ARE CURRENT IN PAYMENT OF MAINTENANCE FEES AND ASSESSMENTS SHALL BE ELIGIBLE TO USE ALL FACILITIES AS PROVIDED BY WESTWOOD BEACH OWNERS ASSOCIATION.
* IF A OWNER IS UNDER CONTRACT TO MAKE PAYMENT AND THE PAYMENTS ARE MADE IN COMPLIANCE WITH THE CONTRACT, THEY ARE CURRENT.
SECTION 2.
* (A ) AN OWNER AND/OR THEIR SPOUSE SHALL BE ENTITLED TO ONLY ONE (1) VOTE EACH AT MEETING OF OWNERS, REGARDLESS OF TOTAL NUMBER OF LOTS OWNED.
(B ) MULTI OWNERS SHALL BE ENTITLED TO ONLY TWO (2) VOTES AT MEETING OF OWNERS, REGARDLESS OF THE NUMBER OF OWNERS AND/OR NUMBER OF LOTS OWNED.
(C ) ALL VOTING AT MEETINGS OF OWNERS SHALL BE BY HAND VOTE WITH THE EXCEPTION OF THE ELECTION OF OFFICERS AND DIRECTORS, WHICH SHALL BE BY SECRET BALLOT AS PROVIDED FOR IN ARTICLE VII, SECTION 3, OF THE BYLAWS.
* IN ADDITION FEDERAL AND STATE LAWS PRECLUDE ANY PERSON UNDER EIGHTEEN (18) YEARS OF AGE IS NOT ELIGIBLE TO VOTE THEREFORE NO PERSON UNDER 18 YEARS OF AGE IS ELIGIBLE TO VOTE AT MEETING OF OWNERS.
( PAGE 1 )
SECTION 3.
* UPON THE TERMINATION OF OWNERSHIP FOR ANY CAUSE. ALL THE RIGHTS AND INTEREST OF THE OWNER IN THE PRIVILEGES, RIGHTS, PROPERTIES, FUNDS OR ASSETS OF THE ASSOCIATION SHALL CEASE EPSO FACTO.
SECTION 4
OWNERSHIP SHALL BE EVIDENCED BY SUCH CARD, CERTIFICATE OR OTHER WRITING AS THE BOARD OF DIRECTORS SHALL AUTHORIZE.
ARTICLE II
MAINTENANCE FEE AND ASSESSMENTS
SECTION 1.
* MAINTENANCE FEES ARE $200.00 ANNUALLY PER PROPERTY OWNER AND $200.00 ANNUALLY FOR EACH ADDITIONAL OCCUPIED RESIDENCE.
* IF A PROPERTY OWNER IS FINANCIALLY UNABLE TO PAY THE TOTAL MAINTENANCE FEE DUE THEY SHALL SIGN A CONTRACT TO PAY EITHER WEEKLY OR MONTHLY, NOT TO EXCEED 90 DAYS. UPON RECEIPT OF PAYMENT A TEMPORARY CARD WILL BE ISSUED.
SECTION 2.
THE OWNERS PRESENT BY A MAJORITY VOTE AT AN ANNUAL OR SPECIAL MEETING CAN CHANGE THE MAINTENANCE FEE OR APPROVE A SPECIAL ASSESSMENT.
SECTION 3.
* IN THE EVENT THE PROPERTY OWNER DOES NOT COMPLY WITH ARTICLE II, SECTION 1, A $25.00 PENALTY SHALL BE ADDED TO AMOUNT OWED, COMMENCING THE FIRST MONDAY AFTER THE ANNUAL MEETING OF THE PROPERTY OWNERS ON THE LAST SATURDAY OF JUNE. A $10.00 PENALTY SHALL BE ADDED EVERY MONTH UNTIL CURRENT, UNLESS UNDER CONTRACT.
SECTION 4.
* PROPERTY OWNER IN ARREARS MORE THAN ONE (1) YEAR ON MAINTENANCE FEES AND/OR SPECIAL ASSESSMENT MAY BE CAUSE FOR THE BOARD OF DIRECTORS TO FILE A LIEN AGAINST OWNERS PROPERTY.
ARTICLE III
OFFICERS AND DIRECTORS
SECTION 1.
* (A ) THE OFFICERS AND DIRECTORS SHALL BE A PRESIDENT (CHAIRMAN OF THE BOARD OF DIRECTORS), VICE PRESIDENT (VICE CHAIRMAN) AND THREE (3) OTHER DIRECTORS WHICH SHALL CONSTITUTE A BOARD OF FIVE (5) DIRECTORS.
* (B ) NO OFFICER OR DIRECTOR WILL BE ELIGIBLE TO SERVE AS AN OFFICER OR DIRECTOR IF THEY ARE RELATED IN ANY MANNER TO EACH OTHER. ANY PERSON OR PERSONS UNDER CONTRACT AS AN INDEPENDENT CONTRACTOR FOR THE WESTWOOD BEACH OWNERS ASSOCIATION SHALL NOT BE RELATED IN ANY MANNER WHAT EVER, TO AN OFFICER OR DIRECTOR.
* (C ) THE OFFICERS, DIRECTORS AND RECORDING FINANCIAL SECRETARY SHALL COMPLY WITH ARTICLE II, SECTION 1., WITH PAYMENT OF MAINTENANCE FEES TO MAINTAIN THEIR RESPECTIVE OFFICES OR POSITIONS.
( PAGE 2 )
* (D ) THE PRESIDENT (CHAIRMAN OF THE BOARD) SHALL BE ELECTED FOR A TWO (2) YEAR TERM AT THE ANNUAL MEETING OF THE PROPERTY OWNERS. * A CANDIDATE FOR THE OFFICE OF PRESIDENT IS REQUIRED TO SERVE OR HAVE PREVIOUSLY SERVED A TERM OF TWO (2) YEARS AS A MEMBER OF THE BOARD OF DIRECTORS FOR THE PURPOSE OF ACQUIRING SOME KNOWLEDGE OF THE OPERATION OF THE ASSOCIATION. THE VICE PRESIDENT ( VICE CHAIRMAN) SHALL BE ELECTED TO A TWO (2) YEAR TERM. DIRECTOR #1 SHALL BE ELECTED TO A TWO (2) YEAR TERM IN THE SAME YEAR AS THE VICE PRESIDENT. DIRECTORS #2 AND #3 SHALL BE ELECTED TO A TWO (2) YEAR TERM THE FOLLOWING YEAR. IN ORDER TO ALWAYS HAVE A QUORUM OF THE BOARD OF DIRECTORS BASED ON STAGGERING THE TERMS 0F THE OFFICERS AND DIRECTORS. ALL OFFICERS AND DIRECTORS MAY SUCCEED THEMSELVES IN OFFICE.
* (E ) THE PRESIDENT (CHAIRMAN OF THE BORD), VICE PRESIDENT (VICE CHAIRMAN OF THE BOARD) SHALL BE REFERRED TO HEREAFTER AS THE PRESIDENT AND VICE PRESIDENT.
SECTION 2.
(A ) THE PRESIDENT SHALL BE THE CHIEF EXECUTIVE OFFICER OF THE ASSOCIATION AND SHALL PRESIDE OVER MEETINGS OF THE OWNERS AND BOARD OF DIRECTORS.
(B ) THE PRESIDENT SHALL BE RESPONSIBLE FOR CONDUCTING ORDERLY MEETINGS OF THE OWNERS AND BOARD OF DIRECTORS. HAVE A REASONABLE KNOWLEDGE OF ROBERTS RULES OF ORDER AND PARLIAMENTARY PROCEDURE: AND FOLLOW THE ORDER OF BUSINESS AS PROVIDED IN THE BYLAWS.
(C ) “PURSUANT TO ROBERTS RULES OF ORDER REVISED” THE PRESIDENT CAN NOT VOTE TO MAKE A TIE, BUT CAN GIVE THE MAJORITY VOTE.
SECTION 3.
(A ) THE AFFAIRS AND MANAGEMENT OF THE ASSOCIATION BETWEEN ANNUAL OR SPECIAL MEETINGS SHALL BE CONDUCTED BY THE PRESIDENT IN COOPERATION WITH THE VICE PRESIDENT AND OTHER MEMBERS OF THE BOARD OF DIRECTORS.
(B ) THE VICE PRESIDENT SHALL EXERCISE THE FUNCTIONS AND RESPONSIBILITIES OF PRESIDENT IN THEIR ABSENCE AND PERFORM SUCH OTHER DUTIES AS MAY BE DIRECTED BY PRESIDENT.
* (C ) IN THE EVENT THAT AN OFFICER OR BOARD MEMBER IS ABSENT FOR TWO (2) OR MORE MEETINGS WITHOUT A LEGITIMATE AND COMPELLING REASON, THE OFFICE OF THE OFFICER OR BOARD MEMBER SHALL BE DECLARED VACANT BY THE BOARD OF DIRECTORS AND THE VACANCY SHALL BE FILLED IN ACCORDANCE WITH ARTICLE III SECTION 5, OF THE BYLAWS.
SECTION 4.
(A ) THE BOARD OF DIRECTORS SHALL MEET THE THIRD (3RD) SATURDAY OF EACH MONTH AT THE OFFICE OF WESTWOOD BEACH OWNERS ASSOCIATION AND A MAJORITY OF THE DIRECTORS MUST BE PRESENT TO CONDUCT A LEGAL MEETING.
* IF THERE IS A COMPELLING REASON TO CHANGE THE DATE OF THE MEETING OR THE PLACE OF THE MEETING AS SET FORTH ABOVE, THE PRESIDENT SHALL INSTRUCT THE RECORDING FINANCIAL SECRETARY TO ADVISE THE PROPERTY OWNERS OF THE CHANGED DATE OF THE MEETING OR THE CHANGED PLACE OF THE MEETING. THE PRESIDENT SHALL NOT POSTPONE OR CANCEL A MEETING, WITHOUT APPROVAL OF A MAJORITY OF THE BOARD OF DIRECTORS.
* ALL MEETINGS OF THE BOARD OF DIRECTORS SHALL BE OPEN TO PROPERTY OWNERS, WITH THE EXCEPTION, AN EXECUTIVE MEETING MAY BE CALLED REGARDING PROBLEMS WITHIN THE BOARD OF DIRECTORS AS PROVIDED IN SECTION 4. (B ).
( PAGE 3 )
* (B ) THE PRESIDENT IS AUTHORIZED TO CALL SPECIAL MEETINGS OF THE BOARD OF DIRECTORS AND SHALL DO SO , BY A REQUEST IN WRITING OF A QUORUM OF THE BOARD OF DIRECTORS STATING THE PURPOSE OF THE MEETING.
* (C ) THE RECORDING FINANCIAL SECRETARY SHALL FURNISH A COPY OF THE MINUTES OF ALL
MEETINGS TO THE BOARD OF DIRECTORS AT THE SUCCEEDING MEETING AND A COPY OF THE FINANCIAL STATEMENT, IN ADDITION RETAIN A PERMANENT FILE COPY.
* (D ) THE RECORDING FINANCIAL SECRETARY SHALL KEEP OR CAUSE TO BE KEPT, MINUTES OF THE ANNUAL OR SPECIAL MEETINGS OF THE OWNERS AND BOARD OF DIRECTORS, IN ADDITION FURNISH A COPY TO OWNERS ON REQUEST. FURTHER, SHALL KEEP A COMPLETE LIST OF OWNERS AND THEIR MAILING ADDRESSES. SHALL PROVIDE NOTICES OF MAILING TO OWNERS AND SHALL PERFORM ALL DUTIES REQUIRED BY A RECORDING FINANCIAL SECRETARY.
* (E ) IN ORDER FOR THE RECORDING FINANCIAL SECRETARY TO KEEP AND MAINTAIN CORRECT RECORDS, THE PROPERTY OWNERS SHALL FILE WARRANTY DEEDS OR DEEDS OF TRUST OF PROPERTY OWNED WITH THE HENDERSON COUNTY CLERK IN ATHENS, TEXAS.
SECTION 5.
* IF A VACANCY OCCURS DURING THE TERM OF AN OFFICER OR DIRECTOR DUE TO RESIGNATION, DEATH OR TERMINATION OF PROPERTY OWNERSHIP. A QUORUM OF THE REMAINING OFFICERS AND DIRECTORS SHALL FILL THE VACANCY. IF THE ABOVE CANNOT AGREE ON A PROPERTY OWNER TO FILL THE VACANCY THEN THE PRESIDENT WITHIN TEN (10) DAYS SHALL FILL THE VACANCY. IF THE VACANCY IS THE OFFICE OF PRESIDENT, THEN THE VICE PRESIDENT SHALL WITHIN THE (10) DAYS FILL THE VACANCY.
SECTION 6.
* IN THE EVENT THE OFFICE OF PRESIDENT, VICE PRESIDENT AND ONE BOARD OF DIRECTOR IS VACATED SIMULTANEOUSLY WHICH WOULD NOT LEAVE A QUORUM OF THE REMAINING OFFICERS TO FILL THE VACANCIES, THE RECORDING FINANCIAL SECRETARY SHALL IMMEDIATELY NOTIFY THE ELIGIBLE PROPERTY OWNERS THAT A SPECIAL MEETING WILL BE HELD ON A WEEKEND GIVING:PLACE, DATE AND TIME, NOT MORE THAN FIFTEEN (15) DAYS FROM THE DATE OF NOTIFICATION TO ELECT A PRESIDENT, VICE PRESIDENT AND ONE BOARD OF DIRECTORS.
SECTION 7.
* THE BOARD OF DIRECTORS SHALL PREPARE A BUDGET FOR OPERATING EXPENSES OF THE ASSOCIATION AND SUBMIT A COPY TO EACH PROPERTY OWNER WITH THE MAINTENANCE FEE STATEMENT.
SECTION 8.
* (A ) ALL CONTRACTS SUBMITTED FOR BIDS SHALL BE ADVERTISED WITH A COMPLETE DESCRIPTION THIRTY (30) DAYS PRIOR TO AWARDING. FURTHER ALL BIDS MUST BE RECEIVED FIFTEEN (15) DAYS PRIOR TO AWARDING FOR THE BOARD OF DIRECTORS TO HAVE SUFFICIENT TIME TO CONDUCT A THOROUGH INVESTIGATION, TO DETERMINE IF THE RESUME, COMPLIES WITH THE CONTRACT DESCRIPTION AS ADVERTISED. THE CONTRACT DESCRIPTION AND CONTRACT AWARDED MUST SPECIFY THAT THE SUCCESSFUL BIDDER IS A SELF EMPLOYED INDEPENDENT CONTRACTOR.
* (B ) THE RECORDING FINANCIAL SECRETARY, THE POOL ATTENDANT, THE BATH HOUSE AND GROUNDS MAINTENANCE CONTRACTS SHALL BE AWARDED BY THE BOARD OF DIRECTORS. IT SHALL NOT BE MANDATORY THAT THE LOWEST BIDS BE ACCEPTED. NO CONTRACT SHALL BE AWARDED IF IT IS DETERMINED BY NEGOTIATIONS THAT THERE WOULD BE A CONFLICT OF INTEREST WITH ANY OFFICER OR DIRECTOR.
( PAGE 4 )
* (C ) IT SHALL NOT BE MANDATORY THAT THE BOARD OF DIRECTORS ADVERTISE ANNUALLY TO COVER CONTRACTS PERFORMED BY SELF EMPLOYED INDEPENDENT CONTRACTORS AS SET FORTH IN SECTION 8, OF ARTICLE III, IF SELF EMPLOYED INDEPENDENT CONTRACTORS ARE PERFORMING SATISFACTORILY THE CONTRACTS AS DESCRIBED IN THE CONTRACT DESCRIPTION.
* (D ) IF THE BOARD OF DIRECTORS ELECT TO ADVERTISE FOR BIDS FOR A SELF EMPLOYED INDEPENDENT CONTRACTOR RECORDING FINANCIAL SECRETARY ANNUALLY, THERE SHALL BE AN AUDIT OF THE FINANCIAL RECORDS OF WESTWOOD BEACH OWNERS ASSOCIATION. IN ADDITION THERE SHALL BE A TEN (10) DAY TRANSITION PERIOD FOR THE NEW RECORDING FINANCIAL SECRETARY TO WORK WITH THE INCUMBENT TO BECOME FAMILIAR WITH THE RECORD KEEPING PROCEDURE OF WESTWOOD BEACH OWNERS ASSOCIATION.
* (E ) THE RECORDING FINANCIAL SECRETARY (SHE/HE) SHALL BE A PERMANENT RESIDENT IN WESTWOOD BEACH SUBDIVISION.
* (F ) A SELF EMPLOYED INDEPENDENT CONTRACTOR OF WESTWOOD BEACH OWNERS ASSOCIATION SHALL NOT SUB-CONTRACT ANY WORK AS SET FORTH IN THE JOB DESCRIPTION OR CONTRACT AWARDING THE JOB.
* (G ) THE BOARD OF DIRECTORS SHALL HAVE THE AUTHORITY TO CANCEL OR TERMINATE ANY CONTRACT, AFTER AWARDING TO A SELF EMPLOYED INDEPENDENT CONTRACTOR, IF IT IS DETERMINED AFTER INVESTIGATION THAT THE SELF EMPLOYED INDEPENDENT CONTRACTOR DOES NOT HAVE THE ABILITY OR WILL NOT PERFORM THE WORK AS PROVIDED FOR IN THE CONTRACT AND JOB DESCRIPTION.
SECTION 9.
* LIABILITY INSURANCE OF NOT LESS THAN $100,000 SHALL BE CARRIED BY THE WESTWOOD BEACH OWNERS ASSOCIATION.
ARTICLE IV
FUNDS OF THE ASSOCIATION AND DISBURSEMENTS
SECTION 1.
* (A ) THE FISCAL YEAR OF WESTWOOD BEACH OWNERS ASSOCIATION SHALL BEGIN ON APRIL ONE (1) OF EVERY YEAR AND END MARCH THIRTY FIRST (31) OF THE SUCCEEDING YEAR.
(B ) FUNDS OF THE ASSOCIATION CANNOT BE CO-MINGLED. THEREFORE ALL MONEYS COLLECTED AS MAINTENANCE FEES SHALL BE DEPOSITED IN THE MAINTENANCE FEE ACCOUNT.
(C ) ALL MONEYS COLLECTED AS ASSESSMENTS SHALL BE DEPOSITED IN A SPECIAL ASSESSMENT ACCOUNT AND CAN BE USED ONLY FOR THE PURPOSE AS DESIGNATED IN THE PROPOSED ASSESSMENT NOTICE TO OWNERS, AFTER APPROVAL AS PROVIDED FOR IN SECTION 2 OF ARTICLE II.
SECTION 2.
* (A ) NO DISBURSEMENTS CAN BE MADE FROM THE MAINTENANCE ACCOUNT OR THE SPECIAL ACCOUNT UNLESS THE CHECKS ARE SIGNED IN ACCORDANCE WITH SECTION 3, (A). THE VOUCHERS SHALL BE INITIALED BY ALL BOARD OF DIRECTORS PRESENT AT THE MEETING OF THE BOARD OF DIRECTORS AND A COPY BE RETAINED IN THE PERMANENT FILE.
( PAGE 5 )
* (B ) NO DISBURSEMENTS IN EXCESS OF $3,000.00 FOR ANY REASON CAN BE MADE BY THE BOARD OF DIRECTORS, UNLESS APPROVED BY ELIGIBLE PROPERTY OWNERS BY MAJORITY VOTE
AT A SPECIAL CALLED OR ANNUAL MEETING OF THE PROPERTY OWNERS OF WESTWOOD BEACH OWNERS ASSOCIATION.
SECTION 3.
* (A ) THE PRESIDENT, VICE PRESIDENT, DIRECTOR AND RECORDING FINANCIAL SECRETARY SHALL SIGN THE SIGNATURE CARD AT DESIGNATED BANK AND TWO (2) OF THE ABOVE NAME SIGNATURES MUST BE ON ALL CHECKS ISSUED FOR DISBURSEMENTS.
* (B ) THE BOARD OF DIRECTORS SHALL APPOINT A DIRECTOR AS A SIGNER ON THE BANK SIGNATURE CARD AND FOR THE PURPOSE OF BONDING.
* (C ) THE PRESIDENT, VICE PRESIDENT, DIRECTOR, RECORDING FINANCIAL SECRETARY SHALL BE BONDED A SUFFICIENT AMOUNT TO PROTECT THE FINANCIAL INTEREST OF THE OWNERS. THE AMOUNT OF THE BOND SHALL BE DETERMINED BY THE BOARD OF DIRECTORS AND PAID FOR BY THE ASSOCIATION.
* (D ) ALL OFFICERS AND THE DIRECTORS APPOINTED BY THE BOARD OF DIRECTORS AS A SIGNER ON THE BANK SIGNATURE CARD, WHO ARE BONDED SHALL BE A PROPERTY OWNER AND PERMANENT RESIDENT OF WESTWOOD BEACH SUBDIVISION.
SECTION 4.
* (A ) THE RECORDING FINANCIAL SECRETARY SHALL WORK CLOSELY WITH THE PRESIDENT OF THE ASSOCIATION IN THE COLLECTION OF ALL MONEYS TO BE DEPOSITED IN A DESIGNATED BANK AND THE HANDLING AND DISBURSEMENTS OF ALL MONEYS. HE OR SHE SHALL BE RESPONSIBLE FOR THE PROPER ACCOUNTING OF THE ASSOCIATION’S FINANCIAL MATTERS AND SHALL HAVE A BOOKKEEPING PROCEDURE BACKGROUND AND COMPUTER EXPERIENCE.
* (B ) THIS PROPOSED BYLAW AMENDMENT DELETES THE OFFICE OF TREASURER, BECAUSE THE RESPONSIBILITIES OF TREASURER ARE CLOSELY CO-MINGLED WITH THE RECORDING FINANCIAL SECRETARY. THEREFORE, THE DUTIES OF THE TREASURER CAN BE MORE EFFICIENTLY PERFORMED BY THE RECORDING FINANCIAL SECRETARY, WHICH IS PRESENTLY BEING PERFORMED BY THE RECORDING SECRETARY.
ARTICLE V
PROCEDURE FOR REMOVAL OF AN OFFICER OR DIRECTOR FOR NON-PERFORMANCE
OF DUTIES OR MISCONDUCT IN OFFICE
SECTION 1.
IF IT IS ALLEGED BY AN OFFICER OR TWO DIRECTORS OR BY TEN (10) PROPERTY OWNERS OR MORE THAT AN OFFICER OR DIRECTOR HAS NOT PERFORMED THE DUTIES OF THEIR OFFICE OR HAS NOT CONDUCTED THEMSELVES IN A MANNER THAT IS NOT IN THE BEST INTEREST OF THE PROPERTY OWNERS, THE FOLLOWING PROCEDURE CAN BE INSTITUTED.
(A ) AN OFFICER AND/OR TWO DIRECTORS OR TEN (10) PROPERTY OWNERS OR MORE MAY SET FORTH IN WRITING IN THE FORM OF A RE-CALL PETITION THE ALLEGATIONS OF NON-PERFORMANCE OF DUTIES AND/OR MISCONDUCT.
* ANY PROPERTY OWNER UNDER CONTRACT TO THE ASSOCIATION AS A SELF-EMPLOYED OR INDEPENDENT CONTRACTOR OR ANY PROPERTY OWNER WHO IS NOT CURRENT IN THEIR PAYMENT OF MAINTENANCE FEES SHALL NOT BE A SIGNATURE ON THE PETITION. IN ADDITION, THE DATE, TIME, AND PLACE TO SUPPORT THE NON-PERFORMANCE OR MISCONDUCT IN OFFICE.
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* THE HEARING BOARD CHAIRMAN SHALL BE FURNISHED FIVE (5) TYPED WRITTEN BALLOTS DESIGNATED AS HEARING BOARD BALLOTS. THE BALLOTS SHALL ALSO DESIGNATE: GUILTY
OR NOT GUILTY.
* IN THE EVENT OF A TIE VOTE THE HEARING BOARD CHAIRMAN SHALL UN-TIE THE VOTE. THE HEARING BOARD MEMBERS SHALL NOT SIGN THE BALLOT.
(B ) THE ACCUSERS SHALL MAIL A COPY CONTAINING THE ALLEGATIONS TO THE RECORDING FINANCIAL SECRETARY BY “REGISTERED MAIL-RETURN RECEIPT REQUESTED” WHO IN TURN WITHIN FIFTEEN (15) DAYS AFTER RECEIVING SHALL MAIL A COPY OF THE ALLEGATIONS, “RETURN RECEIPT REQUESTED” TO THE PRESIDENT OR THE NEXT OFFICER IN LINE AND TO THE ACCUSED.
SECTION 2.
* THERE SHALL BE AN INDEPENDENT HEARING BOARD OF FIVE (5) ELIGIBLE PROPERTY OWNERS WHO ARE NOT AN OFFICER OR DIRECTOR TO HEAR ALLEGATIONS AGAINST OFFICERS OR DIRECTORS FOR NON-PERFORMANCE OF DUTIES OR MISCONDUCT IN OFFICE AS FOLLOWS:
1. THE PRESIDENT OR NEXT OFFICER IN LINE AFTER RECEIVING A COPY OF THE ALLEGATIONS SHALL WITHIN FIVE (5) DAYS APPOINT ONE (1) PROPERTY OWNER AS CHAIRMAN OF THE HEARING BOARD AND SEND A COPY OF THE ALLEGATIONS TO THE APPOINTED PROPERTY OWNER. THE HEARING BOARD CHAIRMAN SHALL ALSO APPOINT ONE (1) PROPERTY OWNER TO SERVE ON THE HEARING BOARD.
2. THE PRESIDENT OR THE NEXT OFFICER IN LINE WITHIN THE SAME FIVE (5) DAY PERIOD AS STATED ABOVE ADVISE THE REMAINING MEMBERS OF THE BOARD OF DIRECTORS OF RECEIPT OF ALLEGATIONS AND REQUEST THE REMAINING MEMBERS OF THE BOARD OF DIRECTORS TO APPOINT ONE (1) PROPERTY OWNER TO SERVE ON THE HEARING BOARD. THE PRESIDENT OR THE NEXT OFFICER IN LINE SHALL BE ADVISED THE NAME AND ADDRESS OF THE PROPERTY OWNER APPOINTED, WHO SHALL ADVISE THE CHAIRMAN OF THE HEARING BOARD THE NAME AND ADDRESS OF THE PROPERTY OWNER APPOINTED.
3. THE HEARING BOARD CHAIRMAN SHALL BE ASSISTED BY THE RECORDING FINANCIAL SECRETARY WITH ALL CORRESPONDENCE IN CONNECTION WITH THE ALLEGATIONS. THE CHAIRMAN OF THE HEARING BOARD WITHIN FIVE (5) DAYS SHALL NOTIFY IN WRITING THE ACCUSERS, AND THE ACCUSED, WITH A COPY OF THE ALLEGATIONS OF THE ACCUSED TO EACH APPOINT, (SINGULAR OR PLURAL) ONE (1) PROPERTY OWNER TO THE HEARING BOARD.
4. THE ACCUSERS AND THE ACCUSED SHALL IMMEDIATELY NOTIFY THE CHAIRMAN OF THE HEARING BOARD BY MAIL THE NAMES AND MAILING ADDRESSES OF THE PROPERTY OWNERS APPOINTED.
5. THE PROPERTY OWNER APPOINTED BY THE PRESIDENT OR THE NEXT OFFICER IN LINE AS CHAIRMAN OF THE HEARING BOARD, THE PROPERTY OWNER APPOINTED BY THE REMAINING MEMBERS OF THE BOARD OF DIRECTORS AND TWO (2) PROPERTY OWNERS APPOINTED BY THE ACCUSERS AND ACCUSED, SHALL CONSTITUTE A HEARING BOARD OF FIVE (5) PROPERTY OWNERS.
6. THE HEARING BOARD CHAIRMAN WITHIN FIVE (5) DAYS SHALL MAIL BY “REGISTERED MAIL-RETURN RECEIPT REQUESTED” A COPY OF THE ALLEGATIONS TO THE APPOINTED PROPERTY OWNERS, THE ACCUSED AND THE FIRST THREE (3) PROPERTY OWNERS ON THE RE-CALL PETITION. A NOTICE OF THE TIME, DATE AND PLACE OF THE MEETING SHALL ALSO BE ENCLOSED WITH THE COPY OF THE ALLEGATIONS TO THE APPOINTED PROPERTY OWNERS, THE ACCUSERS, THE ACCUSED AND THE FIRST THREE (3) PROPERTY OWNERS ON THE RE-CALL PETITION.
7. THE HEARING BOARD SHALL APPOINT A SECRETARY FROM ONE OF THE HEARING BOARD MEMBERS.
8. THE ACCUSED AND ACCUSERS IF THEY DESIRE SHALL EACH APPOINT ONE (1) PROPERTY OWNER TO REPRESENT THEM AS SPOKESMAN.
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9. THEY SHALL BE ALLOWED TO CROSS EXAMINE AND HAVE REBUTTAL.
10. THE HEARING SHALL BE OPEN TO ELIGIBLE PROPERTY OWNERS.
11. IF A MAJORITY OF THE HEARING BOARD PRESENT DETERMINES BY SECRET BALLOT THAT THE ALLEGATIONS AGAINST THE ACCUSED ARE VALID, THE HEARING BOARD CHAIRMAN SHALL NOTIFY IN WRITING THE PRESIDENT OR NEXT OFFICER IN LINE, OF THE DECISION OF THE HEARING BOARD.
12. IF IT IS NECESSARY TO FILL A VACANCY IT SHALL BE FILLED; IN ACCORDANCE WITH ARTICLE III, SECTION 5, AS PROVIDED IN THE BYLAWS.
13. THE ASSOCIATION SHALL PAY THE EXPENSES INCURRED, SUCH AS POSTAL EXPENSE, COPIES, ETC. IN CONNECTION WITH THE HEARING.
ARTICLE VI
ELECTION PROCEDURE
SECTION 1.
AT THE ANNUAL MEETING WHEN THE PROPERTY OWNERS REGISTER, IF ELIGIBLE TO VOTE, SHALL BE FURNISHED A PRINTED PAPER BALLOT UNIFORM IN COLOR AND SIZE.
SECTION 2.
* (A ) UNDER THE ORDER OF BUSINESS FOR ELECTION OF OFFICERS AND DIRECTORS, AFTER NOMINATIONS ARE MADE AND CLOSED, THE PRESIDENT SHALL APPOINT AN ELECTION JUDGE AND THREE (3) TELLERS WHO SHALL HAVE FULL AUTHORITY TO CONDUCT THE ELECTION.
* (B ) NO CANDIDATE FOR OFFICE SHALL SERVE AS ELECTION JUDGE OR TELLER.
SECTION 3.
* THE ELECTION JUDGE WITH THE ASSISTANCE OF THE PRESIDENT SHALL PROVIDE A SEALED BALLOT BOX AND THE ELECTION SHALL BE BY SECRET BALLOT.
SECTION 4.
* THE PROPERTY OWNER SHALL WRITE THE NAME OF THE PERSON OR PERSONS NOMINATED THEY ARE VOTING FOR AND PERSONALLY DEPOSIT THE BALLOT IN THE BALLOT BOX. THE BALLOT MUST NOT BE SIGNED BY THE PROPERTY OWNER.
SECTION 5.
* AFTER ALL ELIGIBLE VOTERS HAVE VOTED THAT DESIRE TO VOTE, THE ELECTION JUDGE SHALL CLOSE THE VOTING AND INSTRUCT THE TELLERS TO PROCEED WITH THE COUNTING OF THE BALLOTS. THE BALLOTS SHALL BE RECORDED ON A TALLY SHEET. CANDIDATES FOR OFFICE OR THEIR APPOINTED OBSERVER MAY OBSERVE THE COUNTING AND THE RESULTS CERTIFIED BY THE ELECTION JUDGE, THE BALLOTS AND BOX SHALL BE SEALED AND RETAINED FOR A PERIOD OF THIRTY (30) DAYS IN THE EVENT THERE IS A CHALLENGE, BEFORE BURNING.
SECTION 6.
* THE NOMINEE RECEIVING THE MOST VOTES AS AN OFFICER OR DIRECTOR SHALL BE DECLARED ELECTED BY THE ELECTION JUDGE.
SECTION 7.
* THE PRESIDENT, VICE PRESIDENT AND THREE (3) DIRECTORS ELECTED SHALL TAKE OFFICE IMMEDIATELY UPON BEING ELECTED.
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ARTICLE VII
COMMITTEES
SECTION 1.
THE PRESIDENT OF THE ASSOCIATION SHALL APPOINT ALL COMMITTEES FROM TIME TO TIME, AND DELEGATE TO SUCH COMMITTEES SUCH DUTIES AS HE/SHE MAY DEEM PROPER.
SECTION 2.
* THE PRESIDENT SHALL APPOINT THE FOLLOWING COMMITTEES AND ADVISE THEM OF THEIR RESPONSIBILITY. THE NUMBER OF OWNERS ON EACH COMMITTEE SHALL BE AT THE PRESIDENTS DISCRETION.
1. GROUND AND ROAD COMMITTEE
2. RECREATION AND ENTERTAINMENT COMMITTEE
3. BUILDING COMMITTEE
4. FUND COMMITTEE
5. AUDIT COMMITTEE
ARTICLE VIII
MEETINGS
SECTION 1.
(A ) THE ANNUAL MEETING OF THE OWNER’S OF THE ASSOCIATION SHALL BE HELD AT THE COMMUNITY CENTER IN WESTWOOD BEACH SUBDIVISION OR SUCH OTHER PLACE AS SHALL BE DETERMINED BY THE PRESIDENT OF THE ASSOCIATION ON THE LAST SATURDAY IN JUNE OF EACH YEAR AT 10:00 A.M.
(B ) THE OFFICE AT THE COMMUNITY CENTER WILL BE OPEN FROM 5:00 P.M. TO 8:00 P.M. ON FRIDAY PRIOR TO THE ANNUAL MEETING ON THE LAST SATURDAY IN JUNE OF EACH YEAR. ELIGIBLE PROPERTY OWNERS MAY REGISTER TO BE ELIGIBLE TO PARTICIPATE IN THE ANNUAL MEETING AT THE ABOVE TIME. REGISTRATION SHALL BEGIN AT 8:00 A.M. AND CLOSE AT 9:45 A.M. ON SATURDAY THE DAY OF THE ANNUAL MEETING. PROPERTY OWNERS WHO REGISTERED AT THE OFFICE ON FRIDAY WILL BE GIVEN THEIR CREDENTIAL AT THE ABOVE TIME ON SATURDAY AND MUST DO SO, TO BE ELIGIBLE TO PARTICIPATE AT THE ANNUAL MEETING.
* (C ) THE ELIGIBLE PROPERTY OWNERS SHALL BE MAILED PRIOR TO THE ANNUAL MEETING A NEWSLETTER OF THE NOTICE OF THE ANNUAL MEETING STATING THE TIME OF STARTING AND CLOSING REGISTRATION AND TIME OF STARTING THE MEETING. IN ADDITION THE NEWSLETTER SHALL SET-FORTH THE ACTIVITIES AND FINANCIAL STATEMENT OF THE ASSOCIATION.
ARTICLE IX
MISCELLANEOUS
SECTION 1.
ALCOHOLIC BEVERAGE SHALL NOT BE CONSUMED IN THE RECREATION AREA AT ANYTIME.
SECTION 2.
THE ASSOCIATION SHALL NOT ENTER INTO ANY CONTRACT TO PAY AND SHALL NOT PAY, ANY SALARY OR OTHER REMUMERATION TO ANY OFFICER, DIRECTOR OR COMMITTEE MEMBER OF THE ASSOCIATION FOR THEIR SERVICES AS SUCH.
SECTION 3.
NO SELF EMPLOYED INDEPENDENT CONTRACTOR SHALL PURCHASE ANYTHING WITHOUT PRIOR APPROVAL OF THE BOARD OF DIRECTORS.
( PAGE 9 )
SECTION 4.
THE PUBLIC FACILITIES BELONGING TO WESTWOOD BEACH OWNERS ASSOCIATION INCLUDING BUT NOT LIMITED TO THE SWIMMING POOL, PLAYGROUND, BOAT DOCKS AND GARBAGE DUMPSTERS, SHALL BE EXCLUSIVELY FOR THE USE OF ELIGIBLE PROPERTY OWNERS AND THEIR GUEST.
SECTION 5.
* PROPERTY OWNERS USING THE BOAT DOCKS SHALL DISPLAY ON THE RIGHT HAND LOWER CORNER OF THEIR VEHICLE WINDSHIELD A CURRENT STICKER FURNISHED TO THEM AT THE TIME OF PAYMENT OF THEIR ANNUAL MAINTENANCE FEES, OR DISPLAY THEIR CURRENT PROPERTY OWNERS CARD ON THE LOWER RIGHT HAND CORNER OF THE DASH ON THEIR VEHICLE. IN THE EVENT A GUEST OF THE PROPERTY OWNER IS USING THE BOAT DOCK, THE PROPERTY OWNERS GUEST CARD ISSUED TO THE PROPERTY OWNER AT THE TIME OF PAYMENT OF THEIR ANNUAL MAINTENANCE FEE MUST BE DISPLAYED ON THE LOWER RIGHT HAND CORNER OF THE DASH ON THEIR VEHICLE.
ON INSPECTION OF THE VEHICLE IT IS FOUND THE ABOVE PROVISION IS NOT COMPLIED WITH, THE WRECKER SERVICE COMPANY AS NOTED ON THE SIGN BOARD AT THE DOCK WILL BE NOTIFIED TO TOW THE VEHICLE TO THEIR PLACE OF BUSINESS, WHERE THE OWNER CAN RECOVER THEIR VEHICLE BY PAYING THE TOWING FEE.
* PROPERY OWNERS ASSUME THE RISKS AND ALL RESPONSIBILITY OF GUEST AS LONG AS GUEST HAS CARD. BOAT DOCK LOCKS HAVE BEEN ADDED TO THE GATES AT BOAT RAMPS. OWNERS WILL BE GIVEN A CODE TO UNLOCK LOCKS. IT WILL BE THE PROPERTY OWNERS’S RESPONSIBILITY TO MAKE SURE LOCKS ARE LOCKED AND CODE IS NOT GIVEN OUT.
SECTION 6.
* (A ) AT THE TIME A PROPERTY OWNER PAYS THEIR ANNUAL MAINTENANCE FEE AND REQUEST THREE (3) VEHICLE WINDSHIELD STICKERS AS THEY OWN THREE (3) VEHICLES, THEY MUST PROVIDE THE SECRETARY WITH LEGAL VERIFICATION AS THE OWNER OF THREE (3) VEHICLE.
* (B ) THE WINDSHIELD STICKER PROVIDED SHALL BE PLACED IN THE LOWER RIGHT SIDE OF THE WINDSHIELD ON THE PASSENGER SIDE OF THE VEHICLE.
SECTION 7.
THE 40’FT AND 50’FT EASEMENT WAS AWARDED IN THE PROPERTY REPORT TO THE UTILITY COMPANIES WHEN WESTWOOD BEACH WAS SEBDIVIDED WHICH INCLUDES THE DITCHES IN FRONT OF THE PROPERTY, IT IS THE RESPONSIBILITY OF THE PROPERTY OWNERS TO CLEAN THE DITCHES.
SECTION 8.
* NO PROPERTY OWNER CAN DISPLAY A SIGN ADVERTISING A BUSINESS.
SECTION 9.
AUTOMOBILES OR VEHICLES THAT ARE NOT USABLE AND WITHOUT A CURRENT LICENSE, OTHER DEBRIS AND OTHER RUBBISH SCATTERED OVER THE LOTS, MOBILE HOMES, RECREATIONAL TRAILERS AND STORAGE BUILDINGS THAT HAVE BEEN ABANDONED.
WHERE IT IS DETERMINED BY THE BOARD OF DIRECTORS THAT CONDITIONS EXIST AS DESCRIBED ABOVE, AN EFFORT WILL BE MADE TO CONTACT THE PROPERTY OWNER BY LETTER, THAT WILL PROVIDE A 30 DAY NOTICE TO CLEAN UP THE LOT OR LOTS. IN THE EVENT THE PROPERTY OWNER DOES NOT COMPLY WITH THE REQUEST, THE BOARD OF DIRECTORS WILL HAVE THE AUTHORITY TO CLEAN THE LOTS AS DESCRIBED ABOVE AT THE PROPERTY OWNERS EXPENSE FOR THE COST INCURRED.
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ARTICLE X
WESTWOOD BEACH OWNERS ASSOCIATION
APPLICATION FOR RENTAL OF PROPERTY BY
PROPERTY OWNERS IN WESTWOOD BEACH SUBDIVISION
OWNER’S OF PROPERTY SHALL SECURE AN APPLICATION FROM THE
RECORDING FINANCIAL SECRETARY OF WESTWOOD BEACH OWNERS ASSOCIATION
__________________________________________________________
NAME OF PROPERTY OWNER
___________________________________________________________
NAME OF NON-PROPERTY OWNER
____________________________________________________________
LOT NUMBER AND SECTION TO BE RENTED
IT IS AGREED BY THE UNDERSIGNED PROPERTY OWNER AS FOLLOWS:
1. ONLY ONE PROPERTY SHALL BE RENTED BY PROPERTY OWNER OR SPOUSE.
*2. PROPERTY OWNER OR SPOUSE SHALL PAY THE WESTWOOD BEACH OWNERS ASSOCIATION *A
FEE ANNUALLY TO COVER COST OF USE OF FACILITIES BY THE NON-PROPERTY OWNER.
THE PROPERTY OWNER SHALL ALSO PAY THE REGULAR MAINTENANCE FEE AS SET-FORTH IN
THE BYLAWS OF WESTWOOD BEACH OWNERS ASSOCIATION. IN THE EVENT THE PROPERTY IS
VACATED BY THE NON-PROPERTY OWNER THE PROPERTY IS AGAIN RENTED THE PROPERTY
OWNER SHALL SECURE AND PROCESS ANOTHER APPLICATION FOR RENTAL OF PROPERTY.
3. THE PROPERTY OWNER SHALL PROTECT THE WESTWOOD BEACH OWNERS ASSOCIATION
WITH SUFFICIENT PROOF OF LIABILITY INSURANCE ON THE NON-PROPERTY OWNER FOR USE
OF THE FACILITIES.
4. THE PROPERTY OWNER SHALL BE RESPONSIBLE FOR MAINTAINING THE PROPERTY RENTED.
_______________________________________ ____________________________________________________
DATE SIGNATURE OF PROPERTY OWNER
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ARTICLE XI
RULES AND REGULATIONS
1. NO LOOSE HOUSEHOLD PETS:
(A ) NO ANIMALS OTHER THAN HOUSEHOLD PETS.
* (B ) ALL PETS MUST BE ON A LEASH OR FENCED IN, MUST BE VACCINATED FOR RABIES, AND MUST BE ABLE TO SHOW PROOF.
* (C ) VIOLATION OF THESE RULES SHALL BE AT OWNERS PERIL
* (D ) ANY OWNER OF A PET WHO ALLOWS IT TO RUN LOOSE CAN BE FINED.
* (E ) PITT BULLS OR AGGRESSIVE BREEDS OF DOGS MUST HAVE ID PERMIT FROM ASSOCIATION AND MUST BE IN A SECURE FENCE AT ALL TIMES.
2. SPEED LIMIT:
(A ) 20 M.P.H. THROUGH OUT THE SUBDIVISION.
3. COMMERCIAL BUSINESS:
(A ) THE ONLY LOTS IN WESTWOOD BEACH SUBDIVISION DESIGNATED FOR COMMERCIAL BUSINESS IS LOTS 376 THROUGH 379 SECTION C.
(B ) NO SALESPERSONS OR VENDORS, UNLESS A PERMIT OR PERMISSION IS RECEIVED FROM OWNERS ASSOCIATION. MUST BE ABLE TO SHOW PROPERTY OWNERS PERMIT WHEN ASKED, EXCEPTION CHILDREN UNDER AGE 10.
4. USE OF FACILITIES SHALL BE RESTRICTED TO PAID UP PROPERTY OWNERS, THEIR IMMEDIATE FAMILY AND THEIR GUEST. GUEST SHALL BE IN POSSESSION OF PROPERTY OWNERS GUEST CARD WHEN USING FACILITIES. GUEST CARD WILL BE DISPLAYED IN A VISIBLE PLACE ON DASH BOARD OR WINDSHIELD OF GUEST VEHICLE. FACILITIES CONSIST OF BOAT RAMPS, SWIMMING POOL, PICNIC AREA AND DUMPSTERS.
5. NO JUMPING, DIVING OR SWIMMING AT BOAT RAMPS. SAFETY REASONS. TO DO SO IS AT YOUR OWN RISK.
6. SWIMMING POOL AND PICNIC AREA RULES:
(A ) SIGNS POSTED AT POOL ARE TO BE COMPLIED WITH.
(B ) NO ALCOHOL BEVERAGE TO BE CONSUMED AT SWIMMING POOL AND PICNIC AREA.
(C ) CURFEW: THERE SHALL BE NO ACTIVITY AFTER 10:00 P.M. UNLESS THEY HAVE SPECIAL PERMISSION.
7. PARKING AT ALL PARKING AREAS:
(A ) PARKING DIAGONAL ONLY IN THE RAMP AREAS.
(B ) PARKING IS FOR PAID UP PROPERTY OWNERS ONLY. NO UNATTENDED BOATS ARE TO BE TIED IN BOAT LAUNCH PATH UNLESS LOADING AND UNLOADING.
8. NO BURNING OR CAMP FIRES SHALL BE LEFT UNATTENDED.
9. PRIDE OF OWNERSHIP:
(A ) NO OWNER SHALL DO OR ALLOW TO BE DONE ANY ACT WHICH CAUSES, OR THREATENS TO CAUSE ANY DAMAGE, ENCROACHMENT, OR DISREPAIR TO THE SUBJECT PROPERTY, COMMUNITY FACILITIES AND RESIDENCE BUILDING OR RESIDENCE SITE OF ANY OTHER OWNER.
10. OCCUPANCY CONDUCT:
AN OWNER SHALL NOT INTENTIONALLY OR UNITENTIONALLY ANNOY OR INTERFERE WITH THE RIGHTS OF OTHER OWNERS, THE CORPORATION, OR ANY OF THE OCCUPANTS OF THE SUBJECT PROPERTY BY UNREASONABLE NOISE, OFFENSIVE ODORS, IMPROPER NEIGHBORLY CONDUCT, OR ANY OTHER PUBLIC OR PRIVATE NUISANCE.
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ARTICLE XII
AMENDMENT TO BYLAWS
THESE BYLAWS OR ANY PART THEREOF MAY BE AMENDED, MODIFIED OR REPEALED ONLY BY A MAJORITY VOTE OF THE OWNERS PRESENT AT AN ANNUAL MEETING OF WESTWOOD BEACH OWNERS ASSOCIATION.
WESTWOOD BEACH OWNERS ASSOCIATION
ARTICLE XI
RULES AND REGULATIONS
11. A Transfer Fee is $25.00
12. A Resale Certificate is $100.00
13. Solar and Flag installation rule
(A) Solar installations shall be in compliance with Texas State Statutes.
(B) Only United States Flags Texas State Flags and P.O.W. Flags are permissible.
Maximum dimension permissible for any flag is four (4) by six (6) feet.
Flags must be mounted on commercially available flag staffs or poles of aluminum or steel
construction.
14. Addendum to election procedures.
(A) Any member voting in any Association wide vote must be in writing and signed by the
member .
(B) Uncontested elections can be voted by showing of hands by election meeting attendees.
15. Rules of payment plan.
(A) Any owner delinquent in payment of annual maintenance fees due April 1 of each year
shall be allowed a payment plan.
(B) The payment plan must be signed by the delinquent owner within thirty (30) days after June
1st A penalty of $25.00 will be charged on July 1 and $10.00 each subsequent month.
(C) The payment plan will be for a minimum of three (3) months and a maximum of six (6)
months. A payment plan of longer term not to exceed eighteen (18) months must be
requested in writing to the Westwood Beach Board of Directors at least fourteen (14) days
prior to any monthly meeting.
(D) No payment plan will be offered to owners in default on one of the past two years.
16. Requests for records.
(A) Owner must make request by certified mail return receipt requested to mailing address of
association.
(B) The request must identify records requested.
(C) Owner must indicate whether owner wishes to inspect records or have association forward
copies.
(D) Association will provide written notice to owner if unable to produce requested records
within ten (10) days of receipt of request. Association will make every effort to provide access
to records for inspection or send records within fifteen (15) days of notice that association is
unable to meet original request.
(E) Records which will not be supplied:
1. Violation history of owners.
2. Owner personal financial information.
3. Owners contact information other than address.
4. Personnel files of employees and/or independent contractors.
17. Cost of information production and copying.
(A) Requests for information requiring more than fifty (50) pages or thirty (30) minutes or more
shall be paid at the rate of $15.00 per hour payable at the time of delivery.
(B) Copies of documents and information will be supplied by paying a fee of twenty (20) cents
per page.
(C) Requests for information or documents will be supplied within fourteen (14) days but may
require up to thirty (30 days.
18. Document rule.
(A) Articles of incorporation Deed restrictions bylaws rules and amendments shall be retained
In perpetuity.
(B) Financial records shall be retained for seven (7) years.
(C) Personnel contracts shall be retained five (5) years.
(D) Property ownership records shall be retained in perpetuity.
(E) Vendor and/or construction repair contracts shall be retained for five (5) years.
(F) All other documents or information shall be retained for a period of three (3) years.
19. E Mail rule.
(A) The monthly Board of Directors meeting will be posted permanently on the association web site.
.