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BYLAWS OF MEADOW LAKE COUNTRY CLUB ESTATES HOMEOWNERS ASSOCIATION, INC.
Note: MLCCE HOA (Meadow Lake Country Club Estates Home Owners Association) is the same entity as MLHOA (Meadow Lake Home Owners Association) and may be referred to as MLHOA throughout this website.
WHEREAS, the MEADOW LAKE COUNTRY CLUB ESTATES HOMEOWNERS ASSOCIATION, INC was formed and incorporated on July 16, 1985, and reincorporated on October 17, 2003, and
Now, THEREFORE, the “Association“ affirms the following BYLAWS which shall become effective as of their adoption on the date set forth below:
Identity, Purposes and Parties
Section 1. Name and Location.
The name of the corporation is Meadow Lake Country Club Estates Homeowners Association, Inc. The principal Post Office address of the corporation shall be PO. Box 2366, Columbia Falls, Montana, 59912. Meetings of “Members” and Directors may be held at such places within the State of Montana, as may be designated by the meeting notice.
Section 2. Purpose.
The purpose for which the “Association“ is organized is to act for each and every person, persons or legal entity who shall own any interest, lot, tract, or parcel of land within either the “Properties“ or any and all other property which is accepted by this “Association“ for similar purposes (excluding any person or entity who holds such an interest merely as security for the performance of any obligation), in a manner consistent with the “Declaration“, including:
(a) To exercise all of the powers and privileges, and perform all of the duties and obligations, required of the “Association“ by the “Declaration” and to enforce by reasonable means, the CC&R’s set forth in the “Declaration“;
(b) To affix, levy, collect and enforce payment by any lawful means, all charges and/ or assessments pursuant to the terms of the “Declaration“; and to pay all expenses incurred by the “Association“ in connection with the performance of its duties and obligations under the “Declaration“ and all office and other expenses incident to the conduct of the business of this “Association“ including all licenses, taxes or governmental charges levied or imposed, and to make disbursements, expenditures and payments on behalf of the “Owners“ as required by the “Declaration“ and these Bylaws, and to hold for the
“Members“ reserves for periodic repairs and capital improvements to be made as directed by the “Members“ acting through the Board (as defined below);
(c) To acquire by gift, purchase or otherwise, to own, hold, operate, maintain, convey, sell, lease, transfer or otherwise to dispose of personal property in connection with the affairs of the “Association“;
(d) To maintain and improve roads and “Common Areas,” when fiscally responsible and reasonably necessary;
(e) To promulgate rules and regulations, not in conflict with the ‘‘Declaration”, as the Board deems proper covering any and all aspects of the “Association’s“ functions;
(f) To enter into and perform any contract and to exercise all powers which may be necessary or convenient for the operation, management, maintenance, and administration of the affairs of the “Association“;
(g) To have and to exercise any and all powers, rights, and privileges a corporation organized under the non–profit corporation laws of the State of Montana may now or hereafter exercise.
Section 3. Parties.
All present and future “Owners“ are subject to the provisions and regulations set forth in these Bylaws and are responsible for causing all occupants of their respective properties to comply with same. The mere acquisition of all or any portion of the ‘‘Properties” will signify that these Bylaws are accepted, approved, ratified, and will be complied with.
Section 1. “Association“ shall mean and refer to: Meadow Lake Country Club Estates Homeowners Association, Inc., its successors and assigns.
Section 2. ‘‘Properties” shall mean and refer to: that certain real property described in the Declaration of Covenants, Conditions, and Restrictions, and shown on maps on file with Flathead County, and such additions thereto as may hereafter be brought within the jurisdiction of the “Association.“
Section 3. “Common Area“ shall mean: all real property owned and/or controlled by the “Association“ for the common use and enjoyment of the “Owners.”
Section 4. “Ownership Unit“ shall mean and refer to:
(a) Any dwelling unit, including any single timeshare unit, condominium unit, townhome unit, or single family dwelling unit; and, any platted lot intended for dwelling use.
(b) Any single family dwelling situated on multiple platted lots shall be deemed to have an “Ownership Unit“ for each platted lot.
(c) The Meadow Lake Resort Center, located at 100 St. Andrews Drive, shall be deemed to have four (4) “Ownership Units.“
(d) The Meadow Lake Resort Golf Course shall be deemed to have four (4) “Ownership Units.”
(e) The commercial property located at 519 St. Andrews Drive shall be deemed to have one (1) “Ownership Unit.“
(f) The commercial property located at 494 St. Andrews Drive shall be deemed to own one (1) “Ownership Unit.“
(g) The Board of Directors may, in the future, determine additional “Ownership Units“ for properties that are not set forth in subparagraphs (a) through (f) above.
Section 5. “Owner“ shall mean and refer to: the record owner(s) or contract purchaser(s) in possession of any “Ownership Unit.”
Section 6. “Articles of Incorporation“ shall mean and refer to: the Articles of Incorporation of Meadow Lake Country Club Estates Homeowners Association, Inc. filed October 17, 2003 and recorded as document Filing Number D127373-493765 in the Office of Secretary of State, State of Montana.
Section 7. “Declarant“ shall mean and refer to: Peter E. Tracy, his successors and assigns if such successors or assigns should acquire more than one (1) undeveloped “Ownership Unit” from the “Declarant“ for the purpose of development. The “Declarant“ shall have the right to appoint a qualifying entity as successor, and shall have the right to appoint the “Association“ as successor, provided such right to appoint is exercised in conformity with the principles established in the “Declaration“ and these Bylaws.
Section 8. “Declaration“ shall mean and refer to: the Declaration of Covenants, Conditions and Restrictions filed October 30, 1985 and recorded as document #85303/3430 in the Office of the Clerk and Recorder of Flathead County, Montana.
Section 9. Member(s)
(a) “Member“ shall mean and refer to all record owner(s) and contract purchaser(s) of a real property interest in the Meadow Lake Country Club Estates.
(b) ‘‘Vote” shall mean the voting interest accorded to each “Ownership Unit.“ One such vote shall be accorded each “Ownership Unit.” When more than one person holds an interest in any “Ownership Unit,” the vote for such “Ownership Unit“ shall be exercised as they among themselves determine, but in no event shall more than one vote be cast by any “Ownership Unit,” and conflicting votes cast by multiple owners of a “Ownership Unit“ shall not be counted. Except as is set forth herein, the “Association“ may presume a vote cast by any ‘‘Voting Member“ to be valid.
(c) “Voting Members“ shall be all “Members“ in good standing entitled to a vote hereunder, and in the case of timeshare units, shall be the unit representative authorized by the several owners of the unit to cast the vote for the unit.
(d) “Member in Good Standing” shall mean a “Member“ of the “Association“ who:
- Has, not less than seven (7) days prior to the taking of any vote by the “Association,” fully paid all assessments or other charges levied by the “Association” against such “Member’s“ property then due and payable;
- Does not have a lien filed by the “Association“ against such “Member’s“ property; and,
- Has discharged any and all other obligations to the “Association“ as may be required of its “Members“ hereunder.
(e) The Secretary of the Board of Directors of the “Association“ shall prepare and control a master ‘‘Voting Member“ list detailing, as applicable, legal description, “Owner“ name, “Ownership Unit“ address, and “Owner“ -requested mailing address; condominium unit number, building number, “Owner“ name, building address, and “Owner” –requested mailing address; timeshare unit number, building number, timeshare unit address, and the unit’s official voting representative’s name and address.
(f) The name of the representative “Voting Member“ of each timeshare unit must be submitted to the Secretary of the Board of Directors. If the representative changes, the new representative’s name must be submitted no less than fifteen (15) days before the date of any Annual Meeting or special membership meeting. The representative “Voting Member’s“ authorization will continue from year to year until revoked in writing.
Section 10. Notice. Any written notice required to be given to a “Voting Member“ or Director hereunder may be made by postal service, electronic mail, or facsimile to the postal address, electronic mail address or facsimile number provided by that ‘‘Voting Member“ or Director, except as is otherwise specifically provided herein. The timeshare representative ‘‘Voting Member“ shall be responsible for disseminating “Association“ notices and information to the “Members“ that he or she represents, as required.
Meeting of Members
Section 1. Annual Meetings.
The Meeting of the “Members“ shall be held on the first Saturday in June each year at a time and place designated in the official meeting notice.
Section 2. Special Meetings.
Special meetings may be called at any time by the President of the Board of Directors or by the written authority of twenty percent (20) of the “Voting Members“. At special meetings called by the ‘‘Voting Members,“ the “Voting Members“ may elect the presiding chairman by a majority of the “Voting Members“ present in person or by proxy.
Section 3. Notice of Meetings.
Written notice of each meeting of the “Members“ shall be given by, or at the direction of, the Secretary of the Board of Directors or “Member“ authorized to call the meeting, by sending a copy of such notice, at least thirty (30) days prior to such meeting to each “Voting Member“ appearing on the “Voting Member“ list for the “Association“. Such notice shall specify the place, day, and hour of the meeting, and, in case of a special meeting, the purpose of the meeting.
Section 4. Proxies.
At all meetings of “Members“, each ‘‘Voting Member“ may vote in person or by proxy. All proxies shall be in writing upon the official proxy form authorized by the “Association“ and filed with the Secretary. Every proxy shall be revocable at any time and shall automatically cease upon conveyance by the “Member“ of his or her “Ownership Unit“ or upon expiration of the maximum period set forth in Montana Code Annotated section 35–2-539. This Section 4 shall be subject to amendment at the 2005 Annual Meeting according to the terms set forth in Article XIII Section 4.
Section 5. Quorum.
At any “Member“ meeting, a quorum shall be declared for the transaction of business when twenty percent (20) of all “Voting Members“ are present in person or by proxy.
Section 6. Rules of Order.
Robert’s Rules of Order shall be used for guidance at all meetings of the membership when they are not inconsistent with these Bylaws. The order of business at meetings of the “Members“ shall be substantially as follows:
(a) Roll call and certification of proxies;
(b) Proof of notice of meeting or waiver of notice;
(c) Reading and disposition of unapproved minutes;
(d) Public Comment;
(e) Reports of Officers;
(f) Reports of Committees;
(g) Election of Directors;
(h) Unfinished and/or Continuing business;
(i) New business;
j) Setting date of the next meeting;
Board of Directors
Section 1. Number.
The affairs of this “Association“ shall be managed by a Board of seven (7) Directors in the three categories shown below. To ensure representation of all the “Members“, the Board shall consist of:
(a) Two (2) Directors who are “Members“ owning a condominium unit, townhome unit, single family dwelling unit, or platted lot intended for such residential use, shall be elected by the “Voting Members“ representing said owners, and
(b) Two (2) Directors who are “Members“ owning timeshare units shall be elected by the ‘‘Voting Members“ representing timeshare units,
(c) Three (3) Directors who are “Members“ and who are elected at large by all the “Voting Members“ of the “Association”. A “Member“ may stand for only one (1) category Board position at any election of Directors.
Section 2. Term of Office.
(a) Initial Terms Of Office. Five Directors were elected at the 2004 annual meeting, prior to the adoption of these Bylaws. The three Directors who received the most votes shall serve an initial term of three years. The two remaining elected Directors shall serve an initial term of two years. The two Directors who will be appointed by the Board to fill the two new seats created by the adoption of these Bylaws shall serve until the next annual election, at which time their terms shall expire and their seats shall be open for election according to the provisions herein.
(b) Election of Directors. At each Annual Meeting following the adoption of these Bylaws, the number of Directors whose terms shall have expired that year shall be elected for a term of four (4) years. Directors may serve more than one (1) term.
Section 3. Removal.
Any Director may be removed from the Board, by a fifty– one percent (510/0) vote of all ‘‘Voting Members“ of the “Association.” Any Director may be removed from the Board for cause, by a majority vote of the Board of Directors. In the event of death, resignation, or removal of a Director, his or her successor shall be elected by the remaining members of the Board so that the mandated “Member“ seat categories are retained and shall serve until the next annual election, at which time a Director shall be elected to serve for the unexpired term of his or her predecessor.
Section 4. Compensation.
No Director shall receive compensation for any service he or she may render to the “Association.” However, a Director may be reimbursed for his or her actual expenses incurred in the performance of his or her duties.
Nomination and Election of Directors
Section 1. Nomination
Nomination for election to the Board of Directors shall be made by a Nominating Committee. The Nominating Committee shall consist of a Chairman, who shall be a member of the Board of Directors, and two (2) or more “Members” of the “Association,” who equally represent the mandated categories. The Nominating Committee shall be appointed by the Board of Directors at least six (6) months prior to the Annual Meeting of the “Members” at which an election for Directors shall be conducted, and shall serve from their appointment until the election is closed. The names of the Nominating Committee shall promptly be made known to the “Voting Members” of the “Association.” A “Member” who wants to stand for election to the Board of Directors shall submit his or her name and a brief resume to the Secrtary by April 15 immediately preceding the election, and shall identify the category which he or she wants to represent. All nominees must and shall identify the category which he or she wants to represent. All nominees must be “Members in good standing.” The Nominating Committee shall place all such “Members” names on the official ballot. Nominations must include the appropriate number of “Member” nominees in each category to assure compliance with the constituency requirements of Article IV, Section 1.
Section 2. Election
(a) Election of the Board of Directors shall be by secret written ballot. The Board Secretary shall cause to be mailed each “Voting Member” not less than thirty (30) days prior to the Annual Meeting, a formal ballot listing the nominees, including resumes, for the seats in each category to be elected that year. The ballot shall provide space for write in candidates. The envelopes in which the ballots are mailed shall be distinctly marked for election notice and shall contain a special envelope for return of the ballot, which shall be clearly marked with the name and “Property” designation of the “Voting Member.” An additional small, plain, envelope shall be provided in which the “Voting Member” will place his or her unsigned executed ballot, and then place it in the provided return envelope addressed to the Judges of Election. Each “Voting Member” may vote by mail, or in person at the Annual Meeting.
(b) Prior to the Annual Meeting, the Directors shall appoint four (4) Judges of Elections, composed of the Secretary of the Board and three (3) “Voting Members,” one (1) from each of the two (2) mandated categories and one (1) at large, who are not on the Board of Directors or candidates for election. The unopened ballots shall be delivered to the Judges of Election who shall certify the qualifications of those voting, tabulate the vote, and report in writing to the chair of the meeting the results of the election.
(c) At such election the “Voting Members” may cast their votes as set forth herein.
(d) Nominees for Board election receiving the largest numbers of votes for each of the categories shall be elected. In case of a tie vote in any category, the Judges of Election shall determine by lot the candidate to be elected.
Meeting of Directors
Section 1. Regular Meetings.
Regular meetings of the Board of Directors shall be held quarterly, at such place and hour as may be fixed from time to time by resolution of the Board.
Section 2. Special Meetings.
Special meetings of the Board of Directors may be called by the President or by any three (3) Directors, after not less than forty–eight (48) hours notice to each Director.
Section 3. Quorum.
A majority of the number of Directors shall constitute a quorum for the transaction of business. Every act or decision done or made by a majority of the Directors present at a duly held meeting at which a quorum is present shall be regarded as the act of the Board.
Section 4. Action Taken Without a Meeting.
In lieu of holding a meeting, a Director may take any action which would ordinarily require a majority vote at a Director’s meeting by obtaining the written approval of a majority of Directors according to the following procedure:
(a) Notice. The Director shall provide written notice to each of the other Directors of the proposed action;
(b) Demand for Meeting. Within 120 hours (five days) of the sending of such Notice, any Director may demand in writing that the proposed action be tabled until the next meeting of the Board;
(c) If no demand for meeting is made, and if a majority of the Board gives its written consent, then the Director may proceed with the proposed action. However, such action may not be taken less than eight (8) days after sending Notice unless the Directors have given their unanimous written consent to the proposed action.
Section 5. Open Meeting Policy.
When practical, all Directors’ meetings shall be open to “Members“ and notice thereof posted on a website approved by the Board.
Powers and Duties of the Board of Directors
Section 1. Limitations.
The Board shall not have the authority, without first being authorized by a fifty-one percent (51) vote of all the “Voting Members“ present in person or by proxy at an Annual Meeting of the membership or special meeting called for that purpose, to:
(a) Increase the “Association‘s” annual budget or the annual assessment for an “Association” “Member” by an amount exceeding fifteen percent (15) in any twelve (12) month period;
(b) Implement any special assessment that would result in the increase of amounts due from any “Member”;
(c) Cause the “Association“ to have any borrowed indebtedness.
Section 2. Powers.
The Board of Directors shall have the power to:
(a) Govern the use of the “Common Area“;
(b) Exercise for the “Association“ all powers, duties, and authority vested in or delegated to this “Association” and not reserved to membership by other provisions of these Bylaws, the “Articles of Incorporation“, or the “Declaration“;
(c) Declare the office of a member of the Board of Directors to be vacant in the event such member shall be absent or unavailable for consultation and/or voting by phone or electronic mail for three (3) consecutive quarterly meetings of the Board of Directors;
(d) Employ a manager, an independent contractor, or such other employee(s) as deemed necessary, and to prescribe their duties;
(e) Enforce the provisions of the “Declaration” and Bylaws, establish and enforce reasonable fines for noncompliance therewith, and seek damages and/or equitable relief or other remedial action from any “Owner“ for violation of the “Declaration“ or Bylaws, or any of its individual provisions.
Section 3. Duties.
It shall be the duty of the Board of Directors to administer, operate, and enforce the “Association’s“ purposes set forth herein:
(a) Cause to be kept a complete record of all its acts and corporate affairs and to present a statement thereof to the “Members“ at the Annual Meeting of the “Members“, or at any special meeting when such statement is requested;
(b) Supervise all officers, agents and employees of the “Association“, and to see that their duties are properly performed;
(c) With respect to finances:
(1) Assure an adequate road reserve fund with a surplus as directed by the “Articles of Incorporation“ that guarantees excellent future roads for the “Association“;
(2) Fix the amount of the annual assessment against each “Ownership Unit“ at least thirty (30) days in advance of the annual assessment period;
(3) Send written notice of each assessment to every “Owner“ subject thereto at least thirty (30) days in advance of each assessment period;
(4) Foreclose against any property when such action is warranted;
(5) Prepare an annual budget and present the same for approval by a majority of the ‘‘Voting Members“ present in person or by proxy at each Annual Meeting. Such budget must be disclosed in the Annual Meeting Notice.
(d) Issue, or cause an appropriate officer to issue, upon demand by any “Voting Member,” a certificate setting forth whether or not any assessment has been paid. A reasonable charge may be made by the Board for the issuance of certificates. If a certificate states an assessment has been paid, such certificate shall be conclusive evidence of such payment;
(e) Procure and maintain adequate liability and hazard insurance on property owned by the “Association;”
(f) Cause all Board members, officers, and employees having fiscal responsibilities to be bonded.
Officers and Their Duties
Section 1. Enumeration of Officers.
The officers of the “Association“ shall be a President, Vice-president, Secretary, and Treasurer who shall, at all times be members of the Board of Directors, and such other officers as the Board may from time to time by resolution create.
Section 2. Election of Officers.
The election of officers shall take place at the first meeting of the Board of Directors following each Annual Meeting of the “Members“.
Section 3. Term.
The officers of this “Association” shall be elected annually by the Board and each shall hold office for one (1) year unless he or she shall sooner resign, or shall be removed, or otherwise be disqualified to serve. Officers may not serve more than two (2) consecutive terms in the same office.
Section 4. Special Appointments.
The Board may elect such other officers as the affairs of the “Association“ may require, each of whom shall hold office for such period, have authority to perform such duties as the Board may, from time to time, determine.
Section 5. Resignation and Removal.
Any officer may be removed from office with or without cause by the Board. Any officer may resign at any time by giving written notice to the Board, the President or the Secretary. Such resignation shall take effect on the date specified therein.
Section 6. Vacancies.
A vacancy in any office may be filled by appointment by the Board from one of its number. The officer appointed to such vacancy shall serve until the next annual election.
Section 7. Multiple Offices.
No person shall simultaneously hold more than one office in the ”Association” except in the case of special offices created pursuant to Section 4 of this Article.
Section 8. Duties.
In addition to the duties set forth herein, the duties of the officers shall be as follows:
(a) President. The President shall preside at all meetings of the Board of Directors and Annual Meetings; shall see that orders and resolutions of the Board are carried out; shall sign all official documents and written instruments and shall be responsible for their timely filing, and shall cosign all checks and promissory notes and any other draw against any account or asset of the “Association“; shall conduct the official correspondence of the “Association“; shall vote on all issues and participate in proceedings in the same manner as any Director or officer.
(b) Vice-president. The Vice–president shall act in the place and stead of the President in the event of his or her absence, inability, or refusal to act, and shall exercise and discharge such other duties as may be required of him or her by the Board.
(c) Secretary. The Secretary shall record the votes and be responsible for keeping the minutes of all meetings and proceedings of the Board and of the “Members“; keep the corporate seal of the “Association“ and affix it on all papers requiring said seal; serve notice of meetings of the Board and of the “Members“; keep appropriate current records and lists showing both the “Members“ of the “Association“ and the “Voting Members“ of the “Association“ together with their addresses; serve as a Judge of Elections; and shall perform such other duties as required by the Board and in keeping with these Bylaws.
(d) Treasurer. The Treasurer shall be the custodian of all funds and shall perform the following duties: receive and deposit in appropriate bank accounts all monies of the “Association“; disburse such funds as directed by resolution of the Board of Directors; cosign all checks and promissory notes of the “Association“; keep proper books of account; render reports of transactions of his or her office and of the financial condition of the “Association“ whenever requested by the President or Board of Directors; cause an annual independent inspection of the “Association“ books to be made by a public accountant at the completion of each fiscal year; and prepare an annual budget and statement of income and expenditures to be presented to the membership at its regular Annual Meeting, and deliver a copy of each to the “Members“.
The “Association“ shall appoint an Architectural Review Board as provided in the “Declaration“, a Nominating Committee and Judges of Elections Committee as provided in these Bylaws. In addition, the Board of Directors shall appoint other committees as deemed appropriate in carrying out its purpose.
Books and Records
The books, records, and ‘‘Voting Member“ lists, and papers of the “Association“ shall at all times, during reasonable business hours, be subject to inspection by any “Member“. The “Declaration“, the “Articles of Incorporation“, and the Bylaws of the “Association“ shall be available for inspection by any “Member“ from the Secretary of the Board of Directors where copies may be purchased at reasonable cost.
Each “Owner“ is obligated to pay to the “Association“ annual and special assessments which are secured by a continuing lien upon the property against which the assessment is made. In the case of timeshare units, the timeshare unit “Owners“ are collectively obligated to provide a method of payment and to pay the unit’s assessments when due. The timeshare unit “Owners“ may appoint and contract with an agent to collect and pay the “Association“ assessments, and that agent must also be approved by the “Association“, and shall provide a written acknowledgement of its agent status to the ”Association”. Each annual assessment may be paid at the time of assessment or as billed by the “Association“. Special assessments are due when assessed unless otherwise indicated.
The Board, at its discretion, may establish the billing and payment schedule for annual and special assessments. Any assessments which are not paid in full according to that schedule shall be delinquent. If the delinquent assessment is not paid within sixty (60) days after the due date, the assessment shall bear interest from the date of delinquency at the maximum rate allowed by Montana law, and the “Association“ may bring an action at law against the “Owner“ personally obligated to pay the same or foreclose the lien against the property, and interest, costs, and reasonable attorney’s fees of any such action shall be added to the amount of such assessment. No “Owner“ may waive or otherwise escape liability for the assessments provided for herein by non-use of the “Common Area“ or abandonment of his or her “Ownership Unit“.
The “Association“ shall have a seal in circular form having within its circumference the words: Meadow Lake Country Club Estates Homeowners Association, Inc.
Section 1. Amendments by the Membership.
These Bylaws may be amended, at an Annual Meeting, or special meeting of the “Members“ called for that purpose, by a sixty-seven percent (67%) majority vote of all “Voting Members“.
Section 2. Proposals for Amendments of Bylaws.
(a) The Board of Directors may submit one (1) or more Bylaws amendment(s) for adoption by the ‘‘Voting Members“ in accordance with Section 1 of this Article.
(b) Ten percent (10%) or more of the ‘‘Voting Members“ of the “Association“ may, by written petition, submit one (1) or more proposed Bylaws amendment(s) for adoption by the ‘‘Voting Members“ in accordance with Section 1 of this Article.
Section 3. Meeting Notice.
No Bylaws amendment action shall be taken without written notice being given to each “Voting Member“ thirty (30) days prior to the meeting. (Article III, Section 3). The notice shall set forth the exact wording of the amendment(s) which is/are proposed specifying the Articles(s) and Section(s) which are proposed to be amended and accompanied by a brief statement of the reason(s) supporting the proposed amendment(s).
Section 4. Amendment of Certain Sections Herein.
At the 2005 Annual Meeting there shall be a vote on the amendment of Article III Section 4, as to whether the “Association“ shall permit proxy-voting thereafter. As to this vote, the petition requirements of Section 1 and 2(b) above shall not apply. Votes on this issue shall be cast by ballot; proxy voting shall be permitted. The issue shall be decided by a simple majority vote of greater than fifty percent (50) of all “Voting Members.“
Section 1. Fiscal Year.
The fiscal year of the “Association“ shall begin on the first day of July of one year and end on the 30th day of June the following year.
Section 2. Attorney’s Fees.
If any action is brought or maintained hereunder for the enforcement of its provisions, the prevailing party shall be entitled to recover its reasonable costs and attorney’s fees in the prosecution or defense thereof
Section 3. Conflict of Authority.
In the case of any conflict between the “Articles of Incorporation“ and these Bylaws, the “Articles of Incorporation“ shall control; in the case of any conflict between the “Declaration“ and these Bylaws, the ‘‘Declaration” shall control.
Section 4. Non-Waiver.
Neither failure nor delay on the part of any party to exercise any right, remedy, power, or privilege hereunder shall operate as a waiver thereof, or of the exercise of any other right, remedy, power or privilege.
These Bylaws shall become effective the day following execution of this instrument by all directors.
IN WITNESS WHEREOF, we, being the directors of the Meadow Lake Country Club Estates Homeowners Association, Inc., have hereunto set our hands. This 15 day of October, 2004