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A service of

Association Bylaws

EARHART VILLAGE HOMES

ASSOCIATION

    BY-LAWS

 

Article I.

Adoption of Condominium By-Laws

 

The By-Laws of Earhart Village Homes, a condominium

(hereinafter known as the Condominium By-Laws) as attached

to the Amended Consolidated Master Deed and recorded in

Liber 2954, Pages 932 through 944, Washtenaw County

Records, are hereby incorporated by reference and adopted in

their entirety as a part of the By-Laws of this Association.

 

Article II

Meetings

 

Section 1. Meetings of the Association shall be held at a

suitable place convenient to the co-owners as may be designated

by the Board of Directors. Voting shall be as provided in

the Condominium By-Laws. Meetings of the Association shall

be conducted in accordance with Roberts Rules of Order when

not otherwise in conflict with the Articles of Incorporation,

Association By-Laws, the Condominium Master Deed or the

law of the State of Michigan.

 

Section 2. The annual meetings of Association members

shall be held in the month of March each year. At such

meetings, the co-owners shall elect, by ballot, a Board of

Directors in accordance with the requirements of Article III of

these By-Laws. The co-owners may also transact, at annual

meetings, other business of the Association as may properly

come before them.

 

Section 3. It shall be the duty of the President to call a

special meeting of the co-owners as directed by resolution of

the Board of Directors, or upon a petition signed by one-third

(1/3) of the co-owners presented to the Secretary of the Association.

Notice of any special meeting shall state the time, the

place and the purpose of such meeting. No business shall be

transacted at a special meeting unless the subject matter has

been stated in the notice.

 

Section 4. It shall be the duty of the Secretary (or other

Association officer in the Secretary's absence) to notify each

co-owner of each annual or special meeting, stating the purpose,

the time, and the place where it is to be held. The notice

shall be served at least ten (10) days but not more than sixty (60)

days prior to a meeting. The prepaid postage mailing of a notice

to the representative of each co-owner at the address shown in

the notice required to be filed with the Association by Article I,

Section 2(e) of the Condominium By-Laws shall be deemed

notice served. Any member may, by signing a waiver, waive the

notice, and such waiver, when filed in the records of the

Association shall be deemed due notice.

 

Section 5. If any meeting of co-owners cannot be held

because a quorum is not in attendance. the co-owners who are

present may adjourn the meeting to a time not less than forty-

'eight (48) hours from the time the original meeting was called.

 

Article III

Board of Directors

 

Section 1. The affairs of the Association shall be governed

by a Board of Directors, all of whom must be members of the

Association. Directors shall serve without compensation.

 

Section 2. The Board of Directors shall be composed of

nine (9) persons. Four (4) or five (5) directors shall be elected

at the annual meeting each year for terms of two (2) years each.

 

Section 3. The Board of Directors shall have the powers

and duties set forth in the Condominium By-Laws.

 

Section 4. Vacancies in the Board of Directors caused by

any reason other than the removal of a director by a vote of the

members of the Association shall be filled by vote of the majority

of the remaining directors, even though they may constitute less

than a quorum. Each person so elected shall be a director until

a successor is elected at the next annual meeting of the

Association.

 

Section 5. At any duly called regular or special Association

meeting any one or more of the directors may be removed with

or without cause, by a majority of the co-owners. A successor

may then and there be elected to fill the vacancy thus created.

Any director whose removal has been proposed by the co-owners

shall be given an opportunity to be heard at the meeting.

 

Section 6. The first meeting of a newly elected Board of

Directors shall be held within thirty (30) days of election at such

place as shall be determined by the Directors at the meeting at

which such directors were elected. No notice shall be necessary

to the newly elected directors in order to legally constitute

such meeting, providing a majority of the whole board shall be

present.

 

Section 7. Regular meetings of the Board of Directors may

be held at such times and places as shall be determined by a

majority of the directors. At least two (2) such meetings shall be

held during each fiscal year. Notice of regular meetings shall be

given to each director, personally, by mail, fax, and telephone, or

telegraph, at least ten (10) days prior to the date named for the

meeting.

 

Section 8. Special meetings of the Board of Directors may

be called by the President on three (3) days' notice to each

director, given personally, by mail, fax, telephone, or telegraph.

The notice shall state the time, place and purpose of the

meeting. Special meetings of the Board of Directors shall be

called by the President or Secretary in like manner, and on like

notice, on the written request of one director.

 

Section 9. Before or at any meeting of the Board of

Directors, any director may, in writing, waive notice of such

meeting and such waiver shall be deemed equivalent to the

giving of such notice. Attendance by a director at any meetings

of the Board shall be deemed a waiver of notice by him/her of

the time and place. If all the directors are present at any meeting

of the Board, no notice shall be required and any business may

he transacted at such meeting.

 

Section 10. At all Board of Director's meetings, a majority

shall constitute a quorum for the transaction of business, and

the acts of the majority shall be the acts of the Board of

Directors. If, at any Board of Directors meeting, there be less

than a quorum present, the majority of those present may

adjourn the meeting. At any such adjourned meeting, any

business which might have been transacted at the meeting as

originally called, may be transacted without further notice. The

joinder of a director in the action of a meeting by signing and

concurring in the minutes, shall constitute the presence of such

director for purposes of determining a quorum.

 

Section 11. The Board of Directors shall require that all

officers and employees handling or responsible for Association

funds, furnish adequate fidelity bonds. The premiums on such

bonds shall be administrative expenses.

 

Article IV

Officers

 

Section 1. The principal officers of the Association shall be

a President, who shall be chosen from the Board of Directors,

and a Vice President, a Secretary and a Treasurer. The

directors may appoint an assistant Treasurer, and an assistant

Secretary, and such other officers as may be necessary. Any

two (2) offices except that of President and Vice President may

be held by one (1) person.

 

Section 2. The Association's officers shall be elected

annually by the Board of Directors at the organizational meeting

of each new Board and shall hold office at the pleasure of the

Board.

 

a. Election of Officers. The procedure and conditions for

electing the officers are as follows:

 

(1) Election Schedule-

 

(a) If, following the annual election of members of the

Board of Directors, all officers in the preceding year

are still members of the Board of Directors, then the

election of new officers will take place at the next

regularly scheduled meeting of the Board of Directors.

 

(b) If the position of one (1) or more officers is left vacant

as a result of and in connection with the annual

election of members of the Board of Directors. then

the election of new officers (4) shall take place

within 48 hours of the annual election of members

of the Board of Directors.

 

(2) Order of Election -The President shall be elected first,

the Vice President second, the Treasurer third, and the

Secretary fourth.

 

(3) Replacement of Officers -All members of the Board of

Directors, including present office holders, will be eligible

for the vacated office.

 

Section 3. Upon affirmative vote of a majority of the Board

of Directors, any officer may be removed either with or without

cause, and his/her successor elected at any regular meeting of

the Board, or at any special meeting of the Board called for such

purpose.

 

Section 4. The President shall be the chief executive officer

of the Association. He/she shall preside at all Association

meetings and those of the Board of Directors. He/she shall

have all of the general powers and duties which are usually

vested in the office of the Association President. This shall

include, but not be limited to, the power to appoint committees

from among the Association members as he/she may deem

appropriate to assist in the conduct of the Association's affairs.

 

Section 5. The Vice President shall take the place of the

President and perform his/her duties whenever the President

shall be absent or unable to act. If neither the President nor the

Vice President is able to act, the Board of Directors shall appoint

some other member of the Board to act on an interim basis. The

Vice President shall also perform such other duties as shall be

imposed upon him/her by the Board of Directors.

 

Section 6. The Secretary shall keep the minutes of all

Board of Directors' meetings and the minutes of all Association

meetings. He/she shall have charge of the books and papers

as the Board of Directors may direct; and shall, in general

perform all duties incident to the office of Secretary.

 

Section 7. The Treasurer shall have responsibility for

Association funds and securities and shall be responsible for

keeping full and accurate accounts of all receipts and disbursements

in books belonging to the Association. He/she shall be

responsible for the deposit of all monies and other valuable

effects in the name and to the credit of the Association, in such

depositaries as may be designated by the Board of Directors.

 

Section 8. The officers shall have such other duties,

powers and responsibilities as shall be authorized by the Board

of Directors.

 

Article V

Finance

 

Section 1. The finances of the Association shall be handled

in accordance with the Condominium By-Laws.

 

Section 2. The fiscal year of the Association shall be an

annual period commencing on such date as may be initially

determined by the Directors. The commencement date of the

fiscal year shall be subject to change by the Directors for

accounting reasons or other good cause.

 

Section 3. The Association's funds shall be deposited in

such bank as may be designated by the Directors and shall be

withdrawn only upon the check or order of such officers,

employees or agents as are designated by resolution of the

Board of Directors.

 

Article VI

Indemnification of Directors, Officers,

Committee Members, Employees, and Agents

 

Section 1. Every director, officer, committee member,

employee, and agent of the Association shall be indemnified by

the Association against all expenses and liabilities, including

counsel fees, reasonably incurred by or imposed upon him/her

in connection with any proceeding to which he/she may be a

party, or in which he/she may become involved, by reason of

his/her being or having been a director, officer, committee

member, employee, and agent of the Association, whether or

not he/she is a director, officer, committee member, employee,

or agent at the time such expenses are incurred, except in such

cases wherein the director, officer, committee member,

employee, and agent is adjudged guilty of willful misfeasance or

malfeasance, willful and wanton mIsconduct or gross negligence

in the performance of his/her duties; provided, that, in the

event of any claim for reimbursement or indemnification hereunder

based upon a settlement by the director, officer, committee

member, employee, or agent seeking such reimbursement

or indemnification, the indemnification herein shall only apply if

the Board of Directors (with the director seeking reimbursement

abstaining) approves such settlement and reimbursement as

being in the best interests of the Association. The foregoing

right of indemnification shall be in addition to and not exclusive

of all other rights to which such director, officer, committee

member, employee, or agent may be entitled. Ten (10) days

written notice of any proposed action by the Association to

indemnify a director, officer, committee member, employee, or

agent shall be given to all co-owners. Further, the Board of

Directors is authorized to carry directors' and officers' liability

insurance covering acts of the directors, officers, committee

members, employees, or agents of the Association in such

amounts as It shall deem appropriate.

 

Article VII

Collection of Assessments and Charges

 

Section 1. Monthly assessments shall be due on the first

day of each month for that month. All other charges for services

rendered by the Association shall be due when billed.

 

Section 2. The Board of Directors shall establish a procedure

for collection of delinquent assessments and charges, and

shall set a schedule of actions to be taken and a penalty fee for

each action. These penalty fees shall approximate the actual

costs to the Association, so the additional expense incurred in

the collection of delinquent assessments will be borne by the

delinquent co-owners and not by all co-owners. This procedure

shall be reviewed and updated periodically to reflect changing

conditions and expenses.

 

Section 3. Assessments and charges in default shall bear

an interest rate of not less than seven percent (7%) per annum

in accordance with Article II, Section 4 of the Condominium By-

Laws. The Board of Directors shall be authorized to approve an

interest rate surcharge. The interest rate and interest rate

surcharge combined, applying to delinquent accounts, shall not

exceed the limit set by usury laws of the State of Michigan. The

interest charges shall be compounded monthly on the unpaid

balance of all delinquent accounts.

 

Article VIII

Violation Procedure

 

Section 1. The Board of Directors of the Association shall

enforce the Condominium By-Laws in a fair and impartial

manner.

 

Section 2. Violations of the Condominium By-Laws by any

co-owner, and/or resident of record, shall be brought to the

attention of the Board of Directors in writing signed by the

complainant, except in cases of emergency.

 

Section 3. The Board of Directors shall direct the management

agent, if any, to send a letter to the co-owner, and/or

resident of record, citing the violation and the remedial action

necessary.

 

Section 4. If remedial action or compliance has not taken

place within thirty (30) days, or such lesser period of time as

shall be established by the Board of Directors in the rules and

regulations adopted by it, the co-owner, and/or resident of

record, shall be given the opportunity to meet with the Board of

Directors to discuss the reason for non-compliance.

 

Section 5. This meeting shall take place at the next

regularly scheduled Board of Directors meeting; or at a designated

time set by the Board of Directors or upon written request

of the co-owner and/or resident of record.

 

Section 6. If the issue has not been resolved, with the

foregoing steps, the Board of Directors shall refer the matter to

its attorney. The management agent shall notify the co-owner,

and/or resident of record, by mail of the action taken by the

Board of Directors.

 

Section 7. All attorney fees and costs Incurred in enforcing

the Condominium By-Laws will be charged to the co-owner of

the unit involved in the violation.

 

Section 8. The management agent employed by the

Association shall be empowered to act as agent to enforce and

implement the decision of the Board of Directors. as necessary.

 

Article IX

Amendments

 

Section 1. These Earhart Village Homes Association By-

Laws (but not the Condominium By-Laws) may be amended by

the Association at a duly constituted meeting for such purpose,

by affirmative vote of a simply majority.

 

Section 2. Amendments to these By-Laws may be proposed

by the Board of Directors acting upon the vote of a

majority of the Directors. or by one-third (1/3) or more in number

of the Association members, either by a meeting as members,

or by an instrument in writing and signed by them.

 

Section 3. Upon any such amendment being proposed, a

meeting for consideration of the same shall be duly called in

accordance with the provisions of Article II of these By-Laws.

 

Article X

Compliance

 

Section 1. These By-Laws are set forth to comply with the

requirements of Act No. 162 of the Public Acts of 1982, as

amended, Act No. 59 of the Public Acts of 1978, as amended,

and with the duly recorded Amended Consolidated Master

Deed of the Condominium and attached Exhibits A and B. If any

of these By-Laws conflict with the provisions of the statutes or

with the provisions of the Amended Consolidated Master Deed

or the attached Exhibits, the provisions of the statutes and the

Amended Consolidated Master Deed shall be controlling.

 

 
 
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