Revised June 14, 1997, May 2000, October 2000,
October 2003, October 11, 2008 and May 5, 2017.
ARTICLE I Organization
- The name of this organization is Lion Head Beach Association, Inc. hereinafter referred to throughout these bylaws as “LHBA”.
- Meetings of Members and Directors may be held at such places within Suffolk County in the State of New York, as may be designated by the Board of Directors.
- LHBA is a homeowners association as defined by all applicable laws and regulations and has been organized for the following purposes:
- To administer the approval of plans and specifications and all other matters pursuant to that certain Declaration of Restrictions and Covenants of Lion Head Beach, dated October 20, 1961, as amended on August 6, 1973 and as may be hereafter amended (the “Restrictions and Covenants”).
- For the benefit of the Members of LHBA, to own, operate, manage, maintain, acquire, lease, develop and dispose of the common areas consisting of the real property and related improvements, not otherwise owned by LHBA Members, situate, lying and being in the Town of East Hampton, County of Suffolk in the State of New York, as more particularly shown on theMap of Lion Head Beach in Gardiner’s Bay and Hog Creek, (the “LHBA Common Areas”).
1.3 Notices and Communications
- Notices required or permitted by these Bylaws and other communications from the Board of Directors to any Member shall be made in writing and given by postal mail or email based on the indicated preference and address provided by the Member unless an alternative method of communication is specifically provided for in these Bylaws. All notices shall be deemed to have been given when sent, except notices of change of address, which shall be deemed to have been given when received.
- By majority vote, the Board may authorize that communications from the Board of Directors to Members may be accomplished by posting the appropriate information as a notice on the LHBA website. This provision does not supersede any notice requirements detailed in these bylaws which include the notices for regular and special meetings.
ARTICLE II Definitions and Membership
- Administrator shall mean the employee of the LHBA charged with carrying out the administration of the LHBA, at the direction of the Board.
- Board or Board of Directors shall mean the governing body of the LHBA, responsible for its affairs.
- LHBA shall mean the Lion Head Beach Association, Inc.
- LHBA Common Areas shall have the meaning given in Section 1.2 hereof. Member(s) shall mean the property owner(s) of record for any individual lot in Lion Head Beach.
- Officer(s) shall mean those certain Members of the Board elected to positions, as more particularly set forth in Section 3.8 of these Bylaws.
- Restrictions and Covenants shall have the meaning ascribed in Section 1.2 hereof.
- Days shall mean calendar days unless otherwise specified.
- LHBA Membership is limited to property owners in Lion Head Beach as designated by registered deed (“Members”).
- If the property owner registered on the deed is an entity instead of a currently living individual, the name of the entity’s legally designated representative shall be provided to the Administrator of LHBA together with that representative’s contact information and preferred method for receipt of information. The owning entity assumes full responsibility for compliance with these Bylaws and all other applicable laws, rules, and regulations.
- The LHBA Common Areas shall be limited to use by the Members, their family members, their lessees, occupants and their guests. In the event that a Member shall lease or permit another to occupy the Member’s lot, however, the lessee or occupant shall at the option of the Member, be permitted to enjoy the use of the LHBA Common Areas subject to the same restrictions and limitations as said Member. Any Member, lessee (if permitted) or occupant entitled to the use of the LHBA Common Areas may extend such privileges to members of his or her family residing in his or her household.
- The Board may establish a limitation on guest privileges and/or establish a guest fee for the use of the LHBA Common Areas by guests of Members or permitted lessees (if permitted) and their respective family members.
- If a Member shall be in default of the Restrictions and Covenants, these Bylaws or in the payment of any LHBA assessment and fails to cure such default within five (5) days after receipt of written notice from the Board, the Board, in its sole discretion, shall have the option to prohibit all privileges of the LHBA by such Member, permitted lessee or occupant, and the respective family members, guests and invitees of the foregoing, and until such Member is reinstated in good standing in the LHBA and to take such other legal action as may be permitted by applicable law or these By-Laws.
- In addition to the foregoing, any Member so in default shall lose all voting privileges, shall be ineligible to be considered for membership on the Board or a Committee and, if on the Board or a Committee, shall be suspended therefrom until such time as all assessments, together with late charges, interest and expenses, if any, are paid to the LHBA. In no event, however, shall a Member’s or Member’s permitted occupant’s right of ingress and egress to and from his or her lot and through the LHBA Common Areas be curtailed in any, manner.
ARTICLE III MANAGEMENT – BOARD OF DIRECTORS
3.1 Board of Directors and Officers
- The general management of the affairs of LHBA shall be vested in the Board of Directors who shall be elected as provided for in these Bylaws.
- The Board of Directors will be comprised of officer and non-officer Directors.
- The officers of LHBA shall consist of a President, Vice President, Treasurer, Corresponding Secretary, and Recording Secretary (each an “Officer” and collectively, the “Officers”).
- The Officers will be chosen by majority vote of the elected Board of Directors at the first meeting of the newly elected Board of Directors which shall take place as soon as practical following the election and not later than 21 days after the election.
- Officer terms shall be for one year.
- The positions of the Recording Secretary and the Corresponding Secretary may be combined into one position by vote of the Board of Directors.
- The President shall be a non-voting Member ex-officio of all committees.
- The President is a voting member of the Board of Directors.
3.2 Number, Qualification and Term
- The number of Directors which will constitute the whole Board shall be nine (9).
- All members of the Board of Directors shall be Members, or in the case of lots owned by entities, shall be Members, trustees, officers or employees of such entity.
- The term of a Director shall be for a period of two years, effective as of the date of election.
- The election and terms of the Board of Director positions shall be staggered such that 5 Director positions will be up for election during one year and the following year 4 of the Director positions will be up for election. The Administrator shall keep a ledger of the term for each Director.
3.3 Vacancy and Replacement
- If the office of any Director becomes vacant by reason of death, resignation, retirement, disqualification, removal of office, or otherwise, a majority of the remaining Directors may choose a successor at a regular meeting of Directors or special meeting of Directors duly called for this purpose, who shall hold office until the next election, whether or not the vacant position would have otherwise been up for election, at which time his/her successor will be duly elected.
- Directors may be removed for cause by a three quarters vote of the Board of Directors at a meeting of the Board called for such specific purpose. “Cause” shall include exhibiting mental or physical inability to perform the roles and functions of a Director, or acting with gross negligence or willful misconduct or performing actions which could be reasonably considered detrimental to the LHBA community.
- Directors may be removed without cause by a majority vote at a Regular or Special Meeting provided that this majority represents at least 48 affirmative votes.
The Board of Directors shall have control and management of the affairs and business of LHBA. These powers shall include but are not limited to the following:
- Operation, care, upkeep and maintenance of the LHBA Common Areas.
- Determination of the common expenses required for the affairs of the LHBA, including, without limitation, the operation and maintenance of the LHBA Common Areas.
- Collection from the Members of the assessments and expenses of the LHBA.
- The establishment of the annual budget, annual and special assessments and liens as specified in Article VII, a schedule of enforcement assessments, and enforcement of violations.
- Employment and dismissal of personnel and independent contractors and purchase of supplies and equipment, entering into contracts, and generally have the powers of manager necessary for the maintenance and operation of the common elements.
- Sign contracts for LHBA (all contracts must be signed by an Officer of the Board.)
- Adoption and amendment of Rules and Regulations covering the details of the operation and use of the LHBA Common Areas.
- Opening and maintaining of bank accounts on behalf of the LHBA and designating the signatories required therefore.
- Authorizing expenditures for any item that exceeds the amount indicated on the annual budget in the following manner:
- Up to 25% or $5,000, whichever is greater, with the approval of a majority of the Board;
- Amounts that exceed the limitation in (i) above must be approved by a majority vote of LHBA at a regular or special meeting.
- In emergency situations where severe or irreparable harm would occur as determined by 2/3rds vote of the Board of Directors, expenditures up to $50,000 over a budgeted amount may be made by the Board and Notice must be given to Members within 14 days.
- Purchasing or leasing or otherwise acquiring in the name of the LHBA, or its designee, corporate or otherwise, on behalf of all Members, lots offered for sale or lease or surrendered by their owners to the LHBA.
- Purchasing of lots at foreclosure or other judicial sales in the name of the LHBA, or its designee, corporate or otherwise, on behalf of all Members.
- Acquiring in the name of the LHBA, or its designee, corporate or otherwise, on behalf of all Members, rights and interests in real and personal property for use in connection with the ownership and operation of the LHBA as a residential homeowners association.
- Selling, leasing, mortgaging, or otherwise dealing with lots acquired by, and subleasing lots leased by the LHBA or its designee, corporate or otherwise, on behalf of all Members.
- Organizing corporations or other entities to act as designees of the LHBA in acquiring title to or leasing of lots or rights and interests in real and personal property for use in connection with the ownership and operation of the LHBA Common Areas as a residential homeowners association, on behalf of all Members.
- Obtaining insurance for the LHBA Common Areas.
- Making of repairs, additions and improvements to or alterations of the LHBA Common Areas and making of repairs to and restoration of the LHBA Common Areas in accordance with the other provisions of these By-Laws after damage or destruction by fire or other casualty, or as a result of condemnation or eminent domain proceedings.
- Borrowing money on behalf of the LHBA when required in connection with the operation, care, upkeep and maintenance of the common elements, provided that:
- The consent of a majority of all Members shall be required for the borrowing of any cumulative sum in excess of $50,000 provided that this majority represents at least 48 affirmative votes.
- No lien to secure repayment of any sum borrowed may be created on any lot or its appurtenant interest in the common elements without the consent of the Member.
- If any sum borrowed by the Board on behalf of the LHBA pursuant to the authority contained in paragraph (q) is not repaid by the Board, a Member who pays to the creditor such proportion thereof as his interest in the LHBA Common Areas bears to the interest of all the Members in the LHBA Common Areas shall be entitled to obtain from the creditor a release of any judgment or other lien which said creditor shall have filed or shall have the right to file against the Member’s lot.
- Levying fines against Members for violations of the Rules and Regulations governing the operation and use of the Property.
- Adjusting and settling claims under insurance policies and executing and delivering releases upon settlement of such claims on behalf of all Members.
- Accumulating reserves for capital replacements or otherwise.
- Entering into and upon the lots when necessary in emergency situations, with notice to the Member whenever possible and practical and at as little inconvenience to the Member as possible, in connection with the maintenance, care and preservation of the LHBA Common Areas.
- Establish standing and special committees by majority vote to perform such functions as determined by the Board.
3.6 Books and Records of the Board of Directors and LHBA
- The Board shall keep detailed records of the action of the Board, minutes of the meetings of the Board, minutes of the meetings of the Members, and financial records and books of account of the LHBA, including a chronological listing of receipts and expenditures, as well as a separate account for each Lot which, among other things, shall contain the amount of each assessment of common charges against such Lot, the date when due, the amounts paid thereon, and the balance remaining unpaid. Each Member shall have the right to examine the records and books of the LHBA at reasonable intervals during regular business hours.
- The Board shall furnish to all Members, and shall present annually (at the Fall General Meeting, but in no event later than three months after the close of the fiscal year), and when called for by a vote of the Members at any special meeting of the Members, or otherwise required by applicable law, statute or regulation a full and clear statement of the business conditions and affairs of the LHBA, including the upcoming year’s proposed budget, a balance sheet and profit and loss statement and a statement regarding any taxable income attributable to the LHBA.
3.7 Board of Directors Meetings
- Regular meetings of the Board may be held at such time and place as shall be determined by a majority vote of the Board.
- The Board must meet at least 6 (six) times each calendar year and five of these meetings must be at least 20 days apart.
- Any Board Member who misses three meetings in a calendar year is subject to removal by a majority vote of the Board.
- Notice of regular meetings of the Board shall be given to Board Members and LHBA Members at least seven (7) days prior to the day named for such meeting.
- At all meetings of the Board, a majority of Board Members shall constitute a quorum for the transaction of business, and a majority vote of those Board Members present at a meeting at which a quorum exists shall constitute the decision of the Board.
- If at any meeting of the Board there shall be less than a quorum present, a majority of those present may adjourn the meeting to be reconvened in a timely manner.
- At any such reconvened meeting at which a quorum is present, any business which might have been transacted at the meeting originally called may be transacted without further notice.
- Any action required or permitted to be taken by the Board or any committee thereof may be taken without a meeting if all Members of the Board or the committee consent in writing to the adoption of a resolution authorizing such action, and their consent will be filed with the minutes of the proceedings of the Board or the committee.
- Emergency meetings of the Board may be called with (3) days advance notice by the President or two officers acting jointly, or by a majority of the Board.
- Executive sessions of the Board of Directors may be held; these will be limited to issues relating to personnel or other highly confidential matters.
- Board Members may attend either in person or by phone, teleconference, or videoconference, by means of which all persons participating in such meeting can hear each other and such participation shall constitute presence at such meeting.
- LHBA Members in good standing may attend Board meetings but not Executive sessions.
- The President shall be the Chief Executive Officer of the Association and shall preside at all meetings of the Board and LHBA meetings.
- The President shall ensure that decisions and resolutions of the Board and LHBA are faithfully carried out.
- The President shall sign all contracts, agreements, and other written instruments to which LHBA is a party. Any contract that incorporates an LHBA expenditure of five thousand dollars or more shall require a second Board Member’s signature.
- The President will be an ex-officio Member of all standing and special committees and shall have the authority to appoint, subject to Board approval, the Chairperson of all committees of LHBA other than that of the Nominating Committee. The President shall have the power to perform all other duties usual and incidental to the office of President of a corporation organized under the laws of the State of New York unless otherwise specified by these Bylaws.
- Vice President
- The Vice President possesses all the powers and can perform all the duties of the President in the event of the President’s absence or disability.
- The Vice President shall succeed to the office of the President if that office becomes vacant or the President is otherwise removed.
- The Vice President shall perform such other duties as are appropriately assigned by the Board or the President.
- Corresponding Secretary
- Conduct the correspondence of LHBA.
- Issue notices and announcements to LHBA and give or cause to be given notice of all meetings of Board of Directors and LHBA.
- Maintain Membership list and property owner information including mailing, email, and other contact information.
- May perform all other duties usual and incidental to the Office of Recording Secretary or which may be prescribed by the Board of Directors.
- Recording Secretary
- Record and publish all committee appointments.
- Attend the meetings of the Board and LHBA, and transcribe the minutes of Board meetings. After approval of minutes by the Board, sign those minutes and file in the LHBA permanent records.
- Meeting minutes will be emailed or posted in a manner that is accessible by Members as determined by the Board.
- Sign all non-financial instruments and documents that require attestation of LHBA except as otherwise provided in the Bylaws.
- Maintain all permanent records required by law and LHBA Articles of Incorporation or Bylaws.
- The Treasurer shall have charge of all receipts and monies of LHBA, deposit them in the name of LHBA and disburse funds as ordered or authorized by the Board of Directors.
- The Treasurer shall keep full and accurate accounts of all receipts and disbursements in books belonging to LHBA. The Treasurer shall keep an accurate account and collect all fees, dues and charges due from LHBA property owners.
- The Treasurer shall submit a quarterly financial report to the Board of Directors.
- The Treasurer shall present financial statements at the annual meeting including but not limited to the Balance Sheet and Income Statement in accordance with GAAP.
- Every 5 years, the Board will obtain an outside independent review of the financial statements to be presented at the annual meeting.
- Any check shall require the signature of the Treasurer plus one other Board Member.
- If the Treasurer, due to prolonged absence or incapacity, is unable to perform the duty of check signing for LHBA, then another Board Member will be appointed by a majority of the Board to sign checks in his / her stead until such time as the Treasurer can resume his / her duties, or a new Treasurer is appointed.
- The Treasurer shall invest the funds of LHBA prudently and such investments shall be limited to short term FDIC insured market rate accounts, including but not limited to checking, savings, and money market accounts and certificates of deposit. The use of maturities over one year but not exceeding three years shall require the majority approval of the Board of Directors.
- Supervise the work of the Administrator in the performance any of the clerical duties conferred by the Treasurer. The Treasurer shall not delegate to the Administrator the authority to sign checks or any other documents for which the law or Bylaws require the Treasurer’s signature.
- In the absence of the President and Vice-President, the Treasurer shall preside over the LHBA meetings as outlined in Article V.
3.9 Indemnification of Board of Directors and Liability Insurance
- No Member of the Board Directors or the Administrator shall be liable to the Members for any mistake of judgment, negligence, or otherwise, except for their own individual willful misconduct or bad faith.
- LHBA shall indemnify and hold harmless each of the Directors and the Administrator from any of their acts as, or by reason of the fact that such person was, a Board Director or Administrator against all liability to others, including but not limited to judgments, fines, amounts paid in settlement, reasonable expenses, including attorney’s fees, actually and necessarily incurred by such Director or Administrator in connection with the defense of such action, or in connection with an appeal therein, except in relation to matters as to which such Director is adjudged to have breached his duty to the LHBA, as such duty is defined in Section 717 of the Not-For-Profit Corporation Law or in the event of gross negligence or willful misconduct of the Administrator.
- It is intended that Directors of the Board shall have no personal liability with respect to any contract made by them on behalf of the LHBA within the scope of their authority.
- It is also intended that the liability of any Member arising out of any contract made by the Board or out of the aforesaid indemnity in favor of the Members of the Board shall be limited to such proportion of the total liability thereunder as his interest in the common elements bears to the interests of all the Members in the LHBA Common Areas.
- LHBA shall purchase liability insurance, and any other appropriate insurance, providing coverage for Members of the Board of Directors and others who perform duties on behalf of and at the behest of the Board of Directors or general Membership.
- LHBA shall acquire and maintain adequate fire, public liability and such other insurance as the Board deems necessary for the protection of its property and Members.
ARTICLE IV Nominations
4.1 Nominating Committee
- The Nominating Committee shall be a standing committee and shall consist of a Chairperson elected at the Spring General meeting who will serve for a term of two years. The Nominating Committee’s Chairperson may select up to four non-Board Members to also serve on the Nominating Committee.
- The Nominating Committee’s purpose is to recruit and accept all applications of any community Member in good standing who wishes to run for Board Membership and/or office, to assemble and propose the slate of candidates running for election, and to create any material pertaining to the election process, which ballot and material are to be released by the Board to general Membership on a timely basis as described in these Bylaws.
- The Nominating Committee will forward the slate of candidates for Board positions to the Board of Directors no less than forty five calendar days in advance of the scheduled Fall meeting for distribution to LHBA. These candidates shall appear on the ballot.
- The Nominating Committee shall propose the rules and procedures for candidate statements and the format of the ballots, all subject to Board approval where such approval shall not be unreasonably denied.
- The Nominating Committee will also function as Inspector of Elections as described in section 6.2.
ARTICLE V MEMBERSHIP MEETINGS
5.1 Regular Meetings
- The Board shall schedule a Spring and Fall General Meeting
- The Spring General Meeting shall be held at a time and place designated by the Board. This meeting should take place sometime within the period April 1 – June 30.
- The Fall General Meeting shall be held at a time and place designated by the Board and should take place September 1 – November 30.
- a. The annual budget for the following year, and the approved budget and actual expenses from the prior year, will be shared, discussed and reviewed at the Fall General Meeting.
- b. The annual budget for the following year will be voted on at the Fall General Meeting.
- c. Election of Board Members shall take place at the Fall General Meeting in accordance with these Bylaws.
- Notice of the time and place of the Spring and Fall General Meetings shall be sent to all property owners no less than 30 calendar days or more than 45 days prior to the meeting date.
- Notice shall provide the agenda, including a general description of the matters to be discussed along with any relevant material.
- Agenda shall include matters specified by the Board, as well as matters submitted by a petition that was signed by at least 25 Members in good standing and submitted to The Board in advance of the meeting notice having been sent.
- Matters not identified in the notice cannot be voted on at the meeting.
- Exceptions to “ii” above are where a majority of Board Members agree that waiting until a following Membership meeting would be too long of a delay because the matter is of a critical / time sensitive matter and not taking immediate action would likely result in undue harm or undesirable consequences.
- By majority vote at the meeting, Members may specify certain items to be placed on the agenda for the following general meeting.
- The Board may, at its discretion, allow Members to participate in regular meetings via video or teleconference, and may also at its discretion, allow such participation to be counted as “in person” for the purposes of determining a quorum and/or voting.
5.2 Special Meetings
- Special Meetings may be called at any time by the President, or upon request by four or more Board Members by written request to the President, or by LHBA Members via a petition signed by no fewer than 25 Members in good standing and delivered to the President or the Board of Directors.
- Upon receipt of the petition, the Board must set a Special Meeting date and notify all LHBA Members within fourteen days of receipt of the petition.
- The Special Meeting must take place within 60 days of the Board’s receipt of the petition.
- Notice of the meeting shall comply with the Notice provisions of Regular meetings and must include a copy of the petition.
- The Board may, at its discretion, allow Members to participate in special meetings via video or teleconference, and may also at its discretion, allow such participation to be counted as “in person” for the purposes of determining a quorum and/or voting.
- Notice of the time and place of the Special Meeting shall be sent to property owners no less than thirty calendar days or more than 45 days prior to the meeting date.
- Notice shall provide the agenda and a general description of the matters to be discussed along with relevant material.
- Matters not described in the notice cannot be voted on at the special meeting.
All Members as well as Members of their household, tenants of Members and/or the designated voting Member pursuant to the property owner’s proxy may attend Membership meetings.
5.4 Meeting Procedures
- The order of business at all meetings shall be
- Roll call
- Reading and approval of minutes of prior meeting
- President’s Report
- Treasurers and Other Officer Reports
- Committee Reports
- Old and Unfinished Business
- New Business
- A quorum shall be necessary to conduct business at any regular or special meeting.
- Except as otherwise provided in these Bylaws, participation of 15% of the LHBA Members eligible to vote shall constitute a quorum at all meetings of Members. Participation will include attendance in person at the meeting including Members participating through a proxy. For purposes of constituting a quorum, Members calling in (if permitted for attendance at a meeting) may be counted.
- If a quorum is not present, the presiding Officer may adjourn the meeting to a date and place fixed by the presiding Officer with proper notice as required by the Bylaws.
ARTICLE VI VOTING AND ELECTIONS
6.1 Who Can Vote
- Regardless of the number of property owners of a lot, there will be only one vote per lot.
- If there are multiple owners of a lot, a ballot signed by one owner is presumed to represent the vote of all owners unless a written notice from the dissenting joint owner is made to the LHBA’s Secretary or Administrator before the meeting.
- If there is a dissenting owner, it is incumbent upon the multiple owners to decide who will represent the vote.
- Proxy Voting
- Every Member in good standing may designate another person (who must be a Member in good standing) to vote as their proxy.
- The Board will establish the official ballot and the official proxy form.
- A proxy shall be in writing and revocable at the pleasure of the Member executing it up until the commencement of the meeting. The proxy shall state the date of authorization and shall only be valid for the date and/or meeting to which it refers.
6.2 Methods of Voting/Ballot/Inspector of Elections
- Voting will be in person (including through proxies which may be submitted by email or otherwise) or by mail.
- The Board shall establish the official proxy form and the official ballot. The proxy form will address, as applicable, the election of Directors, other matters noticed for vote at the meeting and additional matters that are first presented for vote at the meeting as permitted under Section 5 of these Bylaws.
- Show-of-hands voting may be used in meetings, at the discretion of the Chair of the Meeting for any purpose other than elections.
- A LHBA Member may request the counting of votes at the meeting.
- Secret paper ballot voting may be used in meetings for any purpose at the discretion of the Chair of the meeting and must be used for elections (except with respect to votes received by mail in advance of the meeting).
- Members of the Nominating Committee, provided they are not current Board Members nor running for election for a Board position, are to serve as Inspector of Elections.
- If no Members of the Nominating Committee are able or willing to serve as Inspector of Elections, then by majority vote the Board will appoint an Inspector of Elections and such person or persons cannot be a current Board Member or be a candidate for the election.
- The Inspector of Elections shall count the votes and report the results to the Membership.
- The Secretary will retain the ballots and proxies in permanent LHBA records.
- Proxies submitted by e-mail and accompanying ballots will be received at an e-mail address established for the Nominating Committee serving as Inspector of Elections. Mail-in ballots will be delivered unopened to the Inspector of Elections.
6.3 Mail and Proxy by E-Mail Voting Procedures
- The Board will send the ballot to every Member in accordance with their requested means of receipt of information, together with a specified required return date.
- The ballot will be accompanied by the proxy card, in the form determined by the Board, providing for the appointing of a proxy holder to vote on behalf of such Member as set forth in the proxy.
6.4 Candidates for Election to the Board of Directors
- Nominations from the floor shall not be permitted.
- The ballot will list the names of candidates running for the Board of Directors along with an optionally provided resume and/or statement from each candidate.
- For the Board of Director positions, the candidates receiving the most votes will be elected to the available Board of Director positions.
ARTICLE VII ASSESSMENTS AND LIENS
7.1 Creation of Lien and Personal Obligation of Assessment
- Each Member is obligated to pay to LHBA any annual assessments, any special assessments and fees, and any enforcement assessments; these are secured by a continuing lien upon the property against which the assessment is made.
- Annual and special assessments shall be fixed, established, and collected equally for each lot from time to time as hereinafter provided.
- All assessments, together with interest thereon from the due date at a rate not to exceed the maximum legal rate of interest and cost of collection thereof (including reasonable attorney fees) plus a late charge if not paid by the due date, shall be a charge on the land and shall be a continuing lien upon the lot(s) against each such owner until paid in full or rendered null and void.
- No owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the streets and roads or other common elements or abandonment of the same.
- If any assessment is not paid on the date when due, such assessment shall then become delinquent and shall, together with such interest thereon, late charge, and the cost of collection thereof, becoming a continuing lien on the lot(s) against which such assessment is made that shall bind such lot(s) in the hands of the owner(s), his or her heirs, devisees, personal representative and assigns, successors and guarantors, and also shall be the continuing personal obligation of the owner(s) against whom the assessment is levied.
- If the assessment is not paid within thirty days after the delinquency date, which shall be set by the Board, LHBA may at any time thereafter bring an action to foreclose the lien against the property and/or commence a litigation on the personal obligation against the owner(s) and the owner shall be responsible for the reasonable legal fees of LHBA in any such litigation.
- In the event a judgment is obtained, such judgment shall include interest on the assessment as provided above, any and late fees, and a reasonable attorney fee together with the costs of the action, should the matter require engagement of an attorney by LHBA.
7.2 Annual Assessments
- The annual assessments levied by LHBA shall be used exclusively for the purpose of promoting the recreation, health, safety, and welfare of LHBA property owners by the improvement and maintenance of LHBA common properties, including the costs of taxes, insurance, labor, equipment, materials, management, maintenance and supervision thereof, and for other purposes described in these Bylaws.
- The Board shall establish the annual assessment amount each year in the annual budget presented to the Membership at the Fall General Meeting.
7.3 Special Assessments and Transfer Fees
- The Board may levy special assessments for the purpose of paying, in whole or in part, the cost of any construction, reconstruction, unexpected repair, or replacement of a capital improvement, including necessary fixtures and personal property related thereto in an amount not greater than $100,000.00. This section of the Bylaws shall not prevent the Board from making any necessary repairs.
- A special assessment in excess of $100,000.00 must be approved by majority vote at a special or regular meeting provided that this majority represents at least 48 affirmative votes.
- Written notice describing the purpose and amount of the proposed special assessment shall be sent to all Members at least thirty calendar days in advance of the meeting.
- The Board may recommend a property transfer fee to the community at any time; such proposal must be approved during the Fall or Spring Membership meeting. The passage of a property transfer fee can be accomplished by a majority vote provided at least ½ of the Members of LHBA eligible to vote do vote.
7.4 Enforcement Assessments
- The Board will establish a Schedule of Enforcement Assessments to cover violations of Restrictions and Covenants, the Bylaws, and other rules adopted by LHBA.
- The Schedule of Enforcement Assessments requires approval by a majority vote of LHBA members at a regular or special meeting.
- A property owner believed to be in violation of the Restrictions and Covenants, the Bylaws, or other rules of LHBA shall be notified by the Board in writing.
- If the violation is not corrected within fourteen calendar days after such notification, enforcement assessments may be levied against the property as prescribed in the Schedule of Enforcement.
- If a violation is deemed by a majority of the Board to present a danger to the LHBA, the Board is empowered to take such corrective actions it considers necessary to remove the dangerous situation.
VIII CONFLICTS OF INTEREST
8.1 Conflicts of Interest Policy
- Directors, officers, and key employees shall act in the best interest of LHBA.
- The Board shall establish a conflicts of interest policy in accordance with New York State nonprofit law which shall be approved by majority vote of LHBA at a regular or special meeting.
IX BYLAWS AMENDMENT
9.1 Bylaws Amendment
- Changes to the Bylaws may be proposed by the Board of Directors or by a petition signed by 25 Members in good standing. The proposed changes must be presented to LHBA at the Spring or Fall General Meetings or at a Special Meeting.
- The proposed changes must be presented to LHBA Members at least thirty days prior to the meeting.
- The Bylaws may be changed or amended at a meeting as described above by a majority vote provided that there are at least 50 affirmative votes.