BY-LAWS OF THE IRONGATE CIVIC ASSOCIATION, INC.
ARTICLE I NAME AND LOCATION The name of the corporation is Irongate Civic Association, Inc., and its principle office shall be located at Irongate Subdivision, Summerville, SC 29485, at such convenient places as its Board of Directors may from time to time designate.
ARTICLE II DEFINITIONS The following words and terms when used in these By-Laws shall have the following meanings: "ASSOCIATION” means Irongate Civic Association, Inc., a South Carolina non-profit corporation, its successors and assigns.
“COMMON AREA" means all real and personal property now or hereafter owned by the Association for the common use and enjoyment of the Owners and Residents. The Common Area shall include the subdivision entrances and other land that may be acquired by the Association. Common Area may be conveyed to the Association subject to all applicable restrictive covenants of record, and when tendered, titled thereto shall be accepted in the name of the Association.
"DECLARATION" means the Restated Restrictive Covenants in Book 1488 at page 275 in the Office of the Register of Deeds for Dorchester County, as they may be from time to time amended.
"HOME" means a Home constructed on a lot, and shall include the land when context reasonably implies.
“LOT” means a parcel of land in Irongate Subdivision on which a home is constructed. The term includes the home when the context implies this.
"MEMBER" means the Owner of a Property or Properties who belong(s) to the Association.
“OFFICER” means a member of the 7 Board of Directors and Officers with no voting rights.
“OWNER" means the record holder of title, (whether one or more persons or entities), of any Lot or
Association.
“OFFICER” means a member of the 7 Board of Directors and Officers with no voting rights.
“OWNER" means the record holder of title, (whether one or more persons or entities), of any Lot or Unimproved Lot. In no event shall an "Owner" be any party holding an interest merely as security for the performance of an obligation.
“PROPERTY” OR “PROPERTIES” means the parcel(s) of land which are within the bounds of the Subdivision.
“PROXY” means a Member is authorized to act for another Member. A Proxy must comply with all the provisions in Article III, Section 4.
"SUBDIVISION" means Irongate, including all of its phases, sections, Lots, and pieces and parcels of land within its boundaries as governed by the Declarations.
Cmp Revised March 25, 2015 SAB GR Smith Closser, P. A. - P.O. Box 40578 - Charleston, SC 29423 Sf JKH Page 1 "UNIMPROVED LOT" means a lot which has not had a Home constructed on it.
“QUORUM” Except as otherwise provided in the Certificate of Incorporation, the Declaration, or Bylaws. The presence at the meeting, either in person or by proxy, of Members entitled to cast one-tenth (1/10) of the votes of the membership shall constitute a Quorum for any action. In the event an Annual Meeting lacks a Quorum, the Secretary or his designee shall so note, and the Meeting shall automatically be rescheduled for the first Thursday in December. In the event a properly noticed Special Meeting lacks a Quorum, the Secretary or his designee shall note and the Board shall promptly re-schedule the meeting as set forth in Article III, Section3.
“GOOD STANDING” Only a Member in good standing can vote or hold office. All Members who are up to date in dues and assessments are deemed "in Good Standing". A Member is not in Good
cle III, Section3.
“GOOD STANDING” Only a Member in good standing can vote or hold office. All Members who are up to date in dues and assessments are deemed "in Good Standing". A Member is not in Good Standing if the member failed to pay any of the following: (i) annual dues; (ii) regular or special assessments; (iii) levies imposed by the Association; (iv) fines or other penalties imposed by the Association; (v) or any other monies owed the Association.
ARTICLE III MEETING OF MEMBERS Section 1: Annual Meeting: The annual meeting of the Members shall be held on the first Thursday of November at 7:00 pm, unless otherwise notified.
Section 2: Special Meetings: Special Meetings of the Members may be called at any time by the President, by the majority of Board Directors, or upon written request of one-fourth (1/4) of the Members entitled to vote.
Section 3: Notice of Meetings: Written notice of each meeting of the Members shall be given by the secretary by mailing a notice to each Member, at least 15 days before the meeting. The notice shall be addressed to each Member at the address last appearing on the books of the Association or supplied by the Member to the Association for the purpose of providing notice. Such notice shall specify the date, time, and place of the meeting, and in the case of a Special Meeting, the purpose thereof.
Section 4: Proxy: The member in good standing must date and sign the proxy. This signature must either be notarized or it must be witnessed and co-signed by a board member. The applicable meeting (or meetings) or an expiration date, and other restrictions (if any) must be specified in the proxy.
1. The proxy must specify an individual who is entitled to vote in the absence of the signatory. This
r meetings) or an expiration date, and other restrictions (if any) must be specified in the proxy.
1. The proxy must specify an individual who is entitled to vote in the absence of the signatory. This specified individual must be a member in good standing and this specified individual must be in attendance when a vote is taken.
2. A proper, completed proxy must be received by the Secretary or by the President prior to the start of the meeting.
3. Every proxy shall be revocable and shall automatically cease upon completion of its specified terms, or upon receipt of a notice by the Secretary of written revocation, or upon the expiration of six months from the date of the proxy.
стр Revised March 25, 2015 GR Smith | Closser, P. A.-P.O. Box 40578-Charleston, SC 29423 ден Page 2 Section 5: Order of Business: The rules contained in "Robert's Rules of Order" shall govern the Association in all cases not covered by the Constitution, By-Laws, or other published rules, orders, or votes of the Association. While the Board of Directors may make changes to the order and agenda at any meeting, the order of business at meetings should normally be: Call to order Reading of the minutes of the prior meeting Treasurer's Report Report of Board of Directors 1.
2.
3.
4.
5.
Report of Committees 6.
7.
New Business 8.
Unfinished Business Adjournment ARTICLE IV BOARD OF DIRECTORS SELECTION AND TERM OF OFFICE Section 1: Number: The affairs of the Association shall be managed by a Board of Directors consisting of seven (7) members. All directors must be Members of the Association and must be and remain in good standing during the entirety of their term of office. Only one member of a household may serve on the Board of Directors at any given time.
be Members of the Association and must be and remain in good standing during the entirety of their term of office. Only one member of a household may serve on the Board of Directors at any given time.
Section 2: Term of Office: During the annual meeting the Members alternate election of three (3) directors for their term of office is that for two years alternating with four (4) directors for a term of two (2) years. At each annual meeting thereafter the Members shall elect directors for a term of two (2) years for each expiring term.
Section 3: Removal and/or Vacancy: Any director may be removed from the Board, with or without cause by a majority vote of the Directors in office. In the event of death, resignation, or removal of a director, a successor shall be elected by a majority vote of the Directors in office to fill a remaining slot and shall serve the unexpired portion of the term of that vacant slot.
Within thirty (30) days of the vacancy the Board shall send notice in the manner prescribed in Article III, Section 3, to the Members. The notice shall inform the Members of the vacancy, including the term remaining for the vacant post, and solicit candidates for the Board's consideration. A nominee must be a Member of the Association in good standing, and present his or her name for consideration within fifteen (15) days of receipt of the notice.
Section 4: Action Taken without a Meeting: The directors shall have the right to take any action, excluding changing of the By-Laws, in a meeting of the Board of Directors, by obtaining approval of a majority of the directors prior to taking the action. A director's approval to take action without a meeting may be transmitted to the Secretary via written method, including mail, facsimile, note, electronic mail, text
ectors prior to taking the action. A director's approval to take action without a meeting may be transmitted to the Secretary via written method, including mail, facsimile, note, electronic mail, text or SMS message. Any action so approved shall have the same effect as though approved at a called meeting of the directors.
ARTICLE V NOMINATION AND ELECTION OF DIRECTORS Section 1: Nominations: Notwithstanding the provisions of Article IV, Section 3, nomination for election to the Board of Directors shall be made by the Members. The Nominating Committee shall consist of a Chairman, and two or more members of the Association, one of whom shall be designated as the Cmp Revised March 25, 2015 FAB Smith Closser, P. A. - P.O. Box 40578 - Charleston, SC 29423 Page 3 secretary. The Nominating Committee shall be appointed by the Board of Directors prior to each annual meeting of the Members, to serve from the close of the annual meeting until the close of the following annual meeting with such appointment to be announced at the meeting. The Nominating Committee shall collect the Members nominations, but not less than the number of vacancies that are to be filled.
Nominations may also be made from the floor at the annual meeting. Only a Member in good standing may submit a nomination, be nominated, and run for any Association office or committee or be elected and serve.
Section 2: Elections: Election to the Board of Directors shall be by secret, written ballot. Each Member shall have as many votes as there are vacancies to fill. The persons receiving the highest number of votes shall be elected. Cumulative voting is not permitted.
ARTICLE VI MEETINGS OF DIRECTORS Section 1: Regular Meetings: Regular meetings of the Board of Directors shall be held at least
st number of votes shall be elected. Cumulative voting is not permitted.
ARTICLE VI MEETINGS OF DIRECTORS Section 1: Regular Meetings: Regular meetings of the Board of Directors shall be held at least quarterly. Notwithstanding the provisions of Article IV, Section 4, meetings shall be held at a date, time, and place set by the Board.
Section 2: Special Meetings: Special meetings of the Board of Directors shall be held when called by the president or by any two directors, after not less than three (3) days' notice to each director, unless all directors waive notice.
Section 3: Quorum: A majority of directors then in office 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 properly called meeting at which a quorum is present shall be regarded as the act of the Board.
ARTICLE VII POWERS AND DUTIES OF THE BOARD OF DIRECTORS Section 1: Powers: The Board of Directors shall have power and the responsibility/obligation to: Adopt and publish rules and regulations governing the use of the Common Area and Recreation Area and the personal conduct of the Members and their guests thereon, and to establish penalties for the infraction thereof; Suspend a Member's voting rights and his right to a pool membership during any period in which such Member is past due in remitting any monies owed to the Association. In cases involving infraction of published rules and regulations by a Member, a Member's family member, or a Member's guest, VOTING RIGHTS MAY, AFTER NOTICE OF A HEARING AND AN OPPORTUNITY TO BE HEARD, BE SUSPENDED FOR A PERIOD NOT TO EXCEED SIXTY (60) DAYS.
Exercise, for the Association, all powers, duties, and authority vested in the Association and not
OF A HEARING AND AN OPPORTUNITY TO BE HEARD, BE SUSPENDED FOR A PERIOD NOT TO EXCEED SIXTY (60) DAYS.
Exercise, for the Association, all powers, duties, and authority vested in the Association and not reserved to the Members by other provisions of these Bylaws, the Certificate of Incorporation, or the Declaration; upon approval of a quorum of members to hire a manager, an independent contractor, or such other employees as they deem reasonably necessary, and prescribe the duties thereof.
Cmp DAR Зволен Revised March 25, 2015 Smith | Closser, P. A. - P.O. Box 40578 - Charleston, SC 29423 Page 4 Section 2: Duties: It shall be the duty of the Board of Directors: To cause to be kept a complete record of all of its acts and corporate affairs and to present a statement thereof to the Members at the annual meeting or at any special meeting when such statement is requested in writing by one-fourth (1/4) of the Members who are entitled to vote; To supervise all officers, agents, and employees of the Association, and to see that their duties are properly performed.
As regards assessments, to fix the amount of the annual assessment against each lot at least thirty (30) days in advance of each annual assessment period. Court action can be brought to ensure collection of monies owed to the association at the desecration of the board with a 75% approval vote to proceed.
Send a written notice of the annual assessment and of its due date to every Owner. Payment is due within ninety (90) days of the date of the written notice. A late fee will be $50.00 assessed 30 days after due date. The written notice will state the penalty for late payment. The invoice shall also state that if the
days of the date of the written notice. A late fee will be $50.00 assessed 30 days after due date. The written notice will state the penalty for late payment. The invoice shall also state that if the assessment and penalty are not paid within ninety (90) days of the date of the invoice, a court action shall be brought to ensure collection of monies owed the Association Make an earnest effort to collect all assessments, including, if necessary, bringing a legal or other enforcement action against the Owner.
Issue or to cause an appropriate officer (member of the Board) to issue within a reasonable time after a request by any Member, a statement setting forth whether that Member's assessment has been paid. A reasonable charge, a Lien may be placed when the account exceeds $500.00 and a Foreclosure at $5,000.00, may be made by the Board for doing so, the amounts for which shall be included in the Notice set forth in Article 7, section 2. Such a statement shall be conclusive evidence of payment.
(a) (b) (c) (d) Procure and maintain adequate liability and hazard insurance for property owned by the Association; Cause all officers or employees having fiscal responsibilities to be bonded which includes the treasurer and any Director who counter signs ICA Checks.
Cause the Common Area to be maintained; Provide for payment of all debts of the Association from the funds collected. Expenditures specifically approved in the budget may be paid without further approval unless the overages is in excess of 10% of the approved amount requires approval by a majority vote at a regular or special meeting. All other expenditures not approved in the budgetwhich is in excess of Five Hundred ($500.00) Dollars but less than Two Thousand Five Hundred
proval by a majority vote at a regular or special meeting. All other expenditures not approved in the budgetwhich is in excess of Five Hundred ($500.00) Dollars but less than Two Thousand Five Hundred ($2,500.00) Dollars shall be reviewed and approved by the Board of Directors before payment is made. All expenditures not approved in the budget and which are in excess of Twenty-Five Hundred Dollars ($2,500.00) must be submitted to the Members for approval by a majority vote in a regular or special meeting. All checks and requests for withdrawals drawn upon any account of the association shall be signed by the treasurer or designated officer(s) of the Board of Directors; Сто Revised March 25, 2015 Smith | Closser, P. A. - P.O. Box 40578 - Charleston, SC 29423 Page 5 (e) Arrange for an annual audit or other examination of the Associations Finances and records by an independent and qualified professional accounting firm and provide such other services to and for the Members as authorized in the Declaration; (f) Oversee the payment of any taxes and assessments levied upon the Common Areas and any other taxes, or filing of any such tax forms such as income tax forms or reports (even if there is no income), which may be payable or required of the Association before they become delinquent. The Board of Directors shall have the right to contest any such taxes or assessments by appropriate legal proceedings provided that they shall hold and keep sufficient funds to pay and discharge the taxes and assessments, together with any interest and penalties which may accrue with respect thereto. Unless disputed, all tax money owed by the Association shall be paid within regulatory requirements.
ARTICLE VIII OFFICERS AND THEIR DUTIES
nterest and penalties which may accrue with respect thereto. Unless disputed, all tax money owed by the Association shall be paid within regulatory requirements.
ARTICLE VIII OFFICERS AND THEIR DUTIES Section 1: Enumeration of Officers: The Officers of the Association shall be a president and a vice president, both of whom shall at all times be members of the Board of Directors, a secretary, a treasurer, and such other officers as the Board may from time to time require.
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. Otherwise, no person shall simultaneously hold more than one office except in the case of the special offices created pursuant to Section 4 of this Article. A Quorum of the members shall have final approval of the new members at the next General Meeting.
Section 3: Term: Any Association member in good standing is eligible to be elected as an officer at large. A slate of proposed candidates shall be presented at the annual meeting by a nominating committee (appointed by the President). Voting for contested offices shall be by secret ballot. Upon receiving the plurality of votes of the general members in attendance and voting at the election, the officers and members at large shall be declared elected. Officers and members at large shall take office immediately after the annual election meeting is concluded and shall serve until the end of the next annual election meeting the following year.
Section 4: Special Officers: 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 such authority, and perform such duties as the Board may determine.
rd may elect such other officers as the affairs of the Association may require, each of whom shall hold office for such period, have such authority, and perform such duties as the Board may determine.
Section 5: Resignation and Removal: Any officer may be removed from office, with cause, by the Members or with/without cause by a majority of a members of 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 of receipt ofsuch notice, the acceptance of such resignation not being necessary to make it effective.
Section 6: Vacancies: A vacancy in any office may be filled by appointment by a Quorum of the board. The officer appointed to such vacancy shall serve for the remainder of the term of the officer he replaces. Notwithstanding Article 3 of Section 4, a person who accepts appointmentto fill the unexpired term of the president may be elected to serve a full term at the expiration ofthe partial term, even though such terms are consecutive.
GMR Lmp CABRIL sen Revised March 25, 2015 Smith Closser, P. A. - P.O. Box 40578 - Charleston, SC 29423.
Page 6 Section 7: Multiple Offices: The offices of the secretary and treasurer may be held by the same person.
Section 8: Duties: The duties of the officers are as follows: President: The President shall be the Chief Executive Officer and shall preside at meetings of the Members. The President shall see that all orders and resolutions of the Board and the Members are carried into effect. The President shall be a member ex-officio of all committees. The President and Treasurer shall sign all checks. The President shall appoint all committee chairmen. The President
carried into effect. The President shall be a member ex-officio of all committees. The President and Treasurer shall sign all checks. The President shall appoint all committee chairmen. The President shall also be chairman of the Board of Directors until his/her term expires. The President shall be sole point of contact for all legal matters taken by the ICA.
Vice-President: The Vice President shall be vested with all the powers and shall perform the duties of the President in his/her absence or disability and shall perform such other duties as may be prescribed by the President and/or Board of Directors.
Secretary: The Secretary shall attend all Board and Member meetings, and record all votes, and pertinent minutes of the proceedings in a book to be kept for that purpose. The President will appoint a substitute for the purpose of recording votes and minutes if the Secretary cannot attend a meeting.
The Secretary shall see that proper notice is given of all meetings of the Members and shall perform such other duties as may be prescribed by the President and/or Board of Directors.
Treasurer: The Treasurer shall have custody of all receipts, disbursements, funds, and securities of the Association and shall perform all such duties incident to the office of the Treasurer, subject to the Board of Directors and the President. He/She shall ensure full and accurate written accounts of receipts and disbursements are reflected. In books belonging to the Association, and shall deposit all monies and other valuable effects in the name And to the credit of the Association in such depositories as may be designated by the Board of Directors. The Treasurer shall disburse funds of the Association as may be ordered in
effects in the name And to the credit of the Association in such depositories as may be designated by the Board of Directors. The Treasurer shall disburse funds of the Association as may be ordered in conformity with these By-Laws, taking proper vouchers for such disbursements. All accounts, records and cash of the Association maintained by the Treasurer shall be audited prior to the Annual Meeting by Certified Public Accountant or Directors. A report of such audit shall be furnished to the President who shall include it in his report to the members and the Directors. The Treasurer shall perform such other duties as may be prescribed by the President and/or Board of Directors. The Board shall obtain a bond for the faithful discharge of the Treasurer's Duties in such sum as the Board may require. An audit shall be performed to insure all financial statements are correct and up to date when a new Treasurer is elected.
ARTICLE VIII BOARD OF DIRECTORS DIRECTORS: The business and affairs of this association shall be managed by a Board of Directors, which shall consist of seven voting directors. The Board membership shall include the elected officers (President, Vice-President, Treasurer, and Secretary) and the three elected members at large.
ARTICLE IX COMMITTEES The Board shall appoint a Nomination Committee as provided in these Bylaws and from time to time other committees as deemed necessary or appropriate with the chairman appointed by the President. See Article 5, Section 1. Additional officers, at the discretion of the Board for a specific time period, can be appointed but will not retain the voting right of the other Board Members.
сто Revised March 25, 2015 Smith | Closser, P. A. - P.O. Box 40578 - Charleston, SC 29423 Page 7 ARTICLE X BOOKS AND RECORDS
appointed but will not retain the voting right of the other Board Members.
сто Revised March 25, 2015 Smith | Closser, P. A. - P.O. Box 40578 - Charleston, SC 29423 Page 7 ARTICLE X BOOKS AND RECORDS The books, records, and papers (including the Declaration, Certificate of Incorporation, and the Bylaws) of the Association shall on reasonable notice be available for inspection and copying by any member at a reasonable time. All copying shall be at the expense of the Member. Members may attend open, non-executive meetings with no voting or quorums.
ARTICLE XI ASSESSMENTS Section 1: Enumeration of Assessments: As more fully provided in the Declaration, each Owner, whether or not he/she is a Member in good standing of the Association, 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. Any annual assessment not paid when due shall be delinquent, and a penalty shall be added, all as set out in Article VII, Section 2 (c) (2). A special assessment shall be due immediately or on such date as specified in the notice, and a penalty shall be added as set out in the notice if timely payment is not made. The Association may take court action as the board deems necessary to collect monies owed, including, but not limited to, litigation. The non-paying Member against whom a court action or any other collection effort is taken shall be liable for all costs incurred by the Association, including any attorney's fees and any pre-judgment and post-judgment interest allowed by law. No Owner may waive or otherwise escape liability for the payment of assessments by nonuse of the Common Area or abandonment of his Lot.
and any pre-judgment and post-judgment interest allowed by law. No Owner may waive or otherwise escape liability for the payment of assessments by nonuse of the Common Area or abandonment of his Lot.
Section 2: Amount of Assessment: The current annual assessment is $130.00 per Lot and $130.00 per Unimproved Lot. The Board may without approval by the Members increase the assessment by six percent (6%) per annum, but any larger increase must be approved by a majority of members in good standing. If a home is sold before July 1st, a pro-rated refund will be given back to the seller of the home.
Section 3: Reason for Special Assessment: A special assessment can be imposed only for an emergency repair or clean-up work in Common Areas after a storm, other disaster, or accident, and only when insurance proceeds are not sufficient to pay for such repair or work.
ARTICLE XII CORPORATE SEAL The Association shall have a seal in circular form having within its circumference the words "Irongate Civic Association, Inc."
ARTICLE XIII AMENDMENTS The Bylaws may be amended at a regular or special meeting of the Members by a simple majority, approved by a quorum of Members, entitled to vote who are present in person or by proxy.
The Bylaws may also be amended by the directors at a regular or special meeting of the Board on the concurring vote of seventy-five percent (75%) of the Directors then in office. These changes will not go into effect until voted on by a Quorum of the Members.
Cmp GMB AAR Revised March 25, 2015 Smith | Closser, P. A. - P.O. Box 40578 - Charleston, SC 29423 Page 8 ARTICLE XIV RECREATION AREA AND SWIMMING POOL Section 1: General: The Recreation Area comprises a 3.5 acre tract provided for Association use.
ser, P. A. - P.O. Box 40578 - Charleston, SC 29423 Page 8 ARTICLE XIV RECREATION AREA AND SWIMMING POOL Section 1: General: The Recreation Area comprises a 3.5 acre tract provided for Association use.
Taxes, insurance premiums, maintenance, upkeep and infrastructure costs are paid by the Association. The area contains open space, paved parking area, a pavilion, a playground, and a swimming pool complex. The facility is open to all members in good standing of the Association. Swimming pool complex use is restricted to pool members and their authorized guests only.
Section 2: Membership. Pool membership shall be restricted to Residents whose Association dues and pool fees are current, except where circumstances require specific exceptions noted in Section 3, below.
Section 3: Pool Membership Fees: (a) Season pool membership fees will be based on the Association's calendar year, which runs from January 1 through December 31. The amount of annual swimming pool fees will be determined by the Board of Directors.
(b) Each household membership will convey swimming privilege to all members of the household who abide by the rules and regulations governing operations of the pool. If any member of said household does not follow the rules and regulations their membership privileges may be revoked or suspended as seen fit by the Pool Committee, with no refund. If the offender is a guest, that person will no longer may use the pool and if there is a second offense from the member of that first guest or another of their guest is committed, the member rights to use the pool is suspended and no refund is due.
In order that the pool to retain its Type "B" Category South Carolina Department of Health and
another of their guest is committed, the member rights to use the pool is suspended and no refund is due.
In order that the pool to retain its Type "B" Category South Carolina Department of Health and Environmental Control (DEHEC) rating, individual paid admissions are not permitted, i.e. it is NOT a public swimming pool. Only pool members are allowed to have poolparties or similar events with the approval of the Pool Committee and must be present for the duration of the event or activity.
Section 4: Management: The Board of Directors will oversee pool management both during the swimming season and while the pool is in a caretaker status. At the beginning of each fiscal year, the Board will appoint or reappoint a Chairperson to recruit and supervise a Pool Committee to assist in the day to day operation of the pool, including activation in the spring andclosing in the fall. The Pool Committee will make, to the Board, recommendations on pool policies and procedures. The Committee will insure that approved pool operation, safety, and maintenance policies meet current DHEC requirements and that the appropriate operating/safety policies are posted within the pool enclosure and properly enforced.
ARTICLE XV MISCELLANEOUS Section 1: Fiscal Year: The fiscal year of the Association shall begin on the 1st day of January and end on the 31st day of December.
Section 2: Conflicts: In the case of any conflict between the Declaration and these Bylaws, the Declaration shall control.
Сто Revised March 25, 2015 GMGR আজি মe stres DAB Smith Closser, P. A. - P.O. Box 40578 - Charleston, SC 29423 Page 9 Section 3: Waiver: No provision of the Bylaws shall be deemed to have been abrogated or waived by
rch 25, 2015 GMGR আজি মe stres DAB Smith Closser, P. A. - P.O. Box 40578 - Charleston, SC 29423 Page 9 Section 3: Waiver: No provision of the Bylaws shall be deemed to have been abrogated or waived by reason of failure to enforce it, regardless of the number of violations or breaches which may have occurred.
Section 4: Severability: The provisions of the Bylaws are severable, and the invalidity of one or more provisions shall not be deemed to impair or affect in any manner the enforceability more or effect of the remainder.
Section 5: Captions: Captions are inserted as a matter of convenience and for reference and in no way define, limit, or describe the scope of the Bylaws or the intent of any provisions.
Section 6: Gender and Name: All pronouns shall be deemed to include the masculine, the feminine, and the neuter, and the singular shall include the plural, and vice versa, whenever the context requires or permits.
Section 7: Dissolution: In the event the Association is dissolved, its assets will be given to another non-profit corporation as deemed appropriate by the Board of Directors.
Section 8: Violations: The following guidelines will govern the establishment of fines and procedures for the enforcement of the covenants within the Irongate subdivision: A. The Covenant Enforcement Director (shall be the Vice President) and his assistant (another Civic Association Director) must agree, in writing, on any fine imposed on a homeowner. In the event the person/property is in question is a board member, then the agreement process goes to the Grievance Committee which will be selected by the remaining Board Members.
B. The first notification will not impose any fine but will only serve as a notice of a specific violation to a homeowner.
he Grievance Committee which will be selected by the remaining Board Members.
B. The first notification will not impose any fine but will only serve as a notice of a specific violation to a homeowner.
C. The second notification will be sent - and a $50.00 fine imposed - if no appropriate action has been taken or if no appropriate response is received from the homeowner within 10 but not more than 15 days, based on the violation. All fines are due immediately upon receipt.
D. The third notification will be sent and an additional fine of $100.00, for a total of $150.00 will be imposed if no appropriate action has been taken or if no appropriate response is received from the homeowner within 7 but not more than 10 days from the 3rd notification, based on the violation.
All fines are due immediately upon receipt.
E. If there is no appropriate action or response from the homeowner after the third notification, an additional $250.00 per month fine shall be added until permanently corrected (if temporarily corrected and the violation reoccurs, steps 1, 2, and 3 will be retaken and after that the monthly $250.00 fine will be reinstated) until corrected or legal action is taken based upon majority vote by the board of directors.
F. Second, third notices and any subsequent notices will be sent registered mail to assure that the homeowner received proper notification.
G. If it becomes necessary for the Board of directors to take legal action against a property owner all legal fees will be the responsibility of the property owner. The property owner shall be billed each time legal fees are levied against their property. Additionally, there will be a $25.00 administrative charge added to the invoice for postage and handling by the accounting firm.
GHER сто Revised March 25, 2015
fees are levied against their property. Additionally, there will be a $25.00 administrative charge added to the invoice for postage and handling by the accounting firm.
GHER сто Revised March 25, 2015 Smith | Closser, P. A. - P.O. Box 40578 - Charleston, SC 29423 Page 10 IN WITNESS WHEREOF, we the undersigned officers of the Irongate Civic Association, Inc., have hereunto set our hands on April 6 2015 Q1, 19 at the quarterly meeting of the Board.
SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF reflecting the concurring vote of directors Witness Witness President f Haddock STATE OF SOUTH CAROLINA COUNTY OF DORCHESTER PROBATE S SWORN to, Subscribed and acknowledge before me by Gregory & Ford President of Irongate Civic Association, and sworn before me witness this Coth of April , 2015 Peggy viness One M.
Rochey Witness Peggy M. Rocha Witness One Sworn to before me this day of April Cury 2015.
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