1 AMENDED AN D RESTATED BYLAWS OF THE GROVE HOMEOWNERS ASSOCIATION, INC.
ARTICLE I NAME AND LOCATION The name of the Association is THE GROVE HOMEOWNERS ASSOCIATION, INC., hereinafter referred to as the "Association". The pr incipal office of the Association and the mailing address of the Association shall be 311 East Wisconsin Avenue, Oconomowoc, Wisconsin 53066, but meetings of Members and Directors may be held at other places within the State of Wisconsinis as stated on file with the Wisconsin Department of Fina ncial Institutions .
ARTICLE II DEFINITIONS Section 1. "Association" shall mean and re fer to THE GROVE HOMEOWNERS ASSOCIATION, INC., a corporatio n organized pursuant to Chapte r 181, Wisconsin Statutes, its successors and assigns.
Section 2. "Property" shall mean and refer to that certain real property described in the Declaration of Condominium Ownership for THE GROVE CONDOMINIUMS, and any supplements thereto or amendments thereof.
Section 3. "Common Element" and "Limited Common Element" shall have those definitions as are set forth in the Declaration.
Section 4. "Unit" shall mean an d refer to any Unit shown upon th e recorded plat or plats of survey of the property.
Section 5. "Owner" or “Unit Owner” shall mean and refer to the record owner, whether one or more persons or entities, of the fee simple t itle to any Unit which is a part of the property, including contract sellers, but excluding those havi ng such interest merely as security for the performance of an obligation.
Section 6. "Developer" shall mean and re fer to THE GROVE INVESTMENT CORPORATION. The developer may also be referred to as the Declarant.
Section 67. "Declaration shall mean a nd refer to the Declarati on of Condominium Ownership
mean and re fer to THE GROVE INVESTMENT CORPORATION. The developer may also be referred to as the Declarant.
Section 67. "Declaration shall mean a nd refer to the Declarati on of Condominium Ownership applicable to the property known as THE GROVE CONDOMINIUMS to be recorded in the office of Register of Deeds for Wa ukesha County, Wisconsin, and any supplements or amendments thereto as provided in the declaration.
Section 78. "Member" shall mean and refer to those persons entitled to membership as provided in the Declaration.
2 ARTICLE III MEETING OF MEMBERS Section 1. ANNUAL MEETING: The first annual meeting of the Members shall be held prior to the conveyance of twenty-fiv e percent (25%) of the Common El ement interest to purchasers, but in no event less than within one (1) year from the date of recording of the Declaration, and each subsequent annual meeting of Members shall be held on such date as may be determined each year by the Board of Directors , providing such date shall be a date within thirty days prior to the anniversary date of th e first annual meeting . The purpose of each annua l meeting of the Members shall be for the election of Direct ors and the transaction of such other business as may come before the meeting.
Section 2. SPECIAL MEETING: Sp ecial meetings of the Member s may be called at any time by the Board of Directors or by the President, or upon written re quest of the Members who are entitled to vote one-fourth (1/4) of all of the votes.
Section 3. PLACE OF MEETING: Meetings of the Unit Owners shall be held at the principal office of the property or at such other suitable place , whether physical or virtual, convenient to the Owners as may be designated by the Board of Directors.
t Owners shall be held at the principal office of the property or at such other suitable place , whether physical or virtual, convenient to the Owners as may be designated by the Board of Directors.
Section 4. NOTICE OF MEETINGS: Written notice of eac h meeting of the Members shall be given by, or at the direction of. the Secretary or other person au thorized to call a meeting, by delivering written notice, either personally , electronically, or by mail at least ten (10) days but not more than sixty (60) days before such meeting to each voting Members entitled to vote thereat, last appearing on the books of th e Association for the purpose of notice. Such notice shall specify the place (physical or virtual) , day and hour of the meeting, and, in the case of a special meeting, the purpose of the meeting. In lieu of such no tice, waivers may be accepted from all Unit Owners entitled to vote.
Section 5. QUORUM: The physical or virtual presence of the meeting of Members entitled to cast, or of proxies entitled to cast, twenty-five percent (25%) of the votes shall constitute a quorum for any action except as otherwise provided in the D eclaration or these By-laws. If, however, such quorum shall not be present or represented at an y meeting, the Members entitled to vote thereat shall have power to ad journ the meeting from limetime to time without notice other than announcement at the meeting, until a quorum as afor esaid shall be present or be represented.
Section 6. PROXIES: At all meetings of Members, each Member may vote in person , electronically (remotely, via electronic means) or by proxy. All proxies shall be in writing and filed with the Association, by personal or electronic delivery to any Office r or Director. The
rson , electronically (remotely, via electronic means) or by proxy. All proxies shall be in writing and filed with the Association, by personal or electronic delivery to any Office r or Director. The Officer or Director receiving same shall promptly transmit same to the Secretary of the Association. Every proxy shall be ' effective for a maximum peri od of one hundred eighty (180) days (unless granted to a Mortga gee or lessee), shall be revocable and shall automatically cease upon conveyance by the Member of his, her, or their Unit.
Section. 7. MAJORITY OF UNIT OWNERS: As used in these By-laws the term "majority of Unit Owners" shall mean those Unit Owners having more than fifty percent (50%) of the total 3 authorized votes of all Un it Owners present in person , electronically, or by proxy and voting at any meeting of the Unit Owners.
Section 8. ORDER OF BUSINESS ; The order of business at all meetings of the Unit Owners shall be as follows: (a) Roll call.
(b) Proof of notice of meetin g or waiver of notice.
(c) Reading of minutes of preceding meeting.
(d) Reports of officers.
(e) Report of committees.
(f) Election of Directors (when applicable).
(g) Unfinished business.
(h) New business.
Section 9. PARLIAMENTARY PROCEDURE: Ex cept where inconsistent with these ByLaws. Meetings of the Association shall be conducted in accordance with the latest revised edition of "Roberts Rules of Order".
Section 10. ACTION WITHOUT A MEETING BY WRIT TEN BALLOT. Any action required or permitted by any provision of the Wisconsin Nonstock Corporat ion Law, the Declaration, the Articles of Incorporation, or these By-Laws to be taken by the vote of the unit owners may be taken without a meeting if the Association delivers a written ballot to ever y unit owner entitled to
the Articles of Incorporation, or these By-Laws to be taken by the vote of the unit owners may be taken without a meeting if the Association delivers a written ballot to ever y unit owner entitled to vote on the matter. The written ballot may be de livered to the unit owner by any of the methods set forth above. The written ballot shall set forth each proposed action, shall provide an opportunity to vote for or against each proposed action, an d shall be accompanied by a notice stating the number of responses needed to meet the quorum requirements, the percentage of approvals necessary to approve each matter other than election of direct ors, and the time by which the ballot must be received by the Secretary or property mana ger of the Association in order to be counted.
Approval of any action by written ballot shall be valid only when the number of votes cast by ballot equals or exceeds the quorum required at a meeting authorizing the action, and the number of approvals equals or exceeds the number of vote s that would be required to approve the matter at a meeting at which the total number of votes ca st was the same as the number of votes cast by ballot. Ballots may be delivered to the Secretary or property manager via em ail or other electronic means. Once received by the Secretary or prope rty manager of the Asso ciation, a written ballot may not be revoked DEVELOPER'S CONTROL: Except as provided in ARTICLE IV. Section 1. below Developer, or a person or persons authorized by it may appoint and remove the officers of the Association and exercise powers and responsibil ities of the Association; provi ded. however, that such control shall cease seven (7) years from the date of recording of the Declara tion, or thirty (30) days after
nd exercise powers and responsibil ities of the Association; provi ded. however, that such control shall cease seven (7) years from the date of recording of the Declara tion, or thirty (30) days after the conveyance of seventy-five percent (75%) of the common Element interest to purchasers, whichever time occurs first.
Section 11. RIGHTS OF DEVELOPER PR IOR TO TRANSFER: As long as the Developer shall own any Unit except for a Unit which Develope r is using as a residence. Developer may use the Common Elements and facilit ies and any unsold Units on such condominium property as may facilitate the completion and sale of all Units contemplated ther eon. including, but not limited, in 4 connection therewith, maintaining a sales office, maintaining a model unit. showing of property and erecting and maintaining signs on the Common Area.
ARTICLE IV BOARD OF DIRECTORS SELECTION—TERM OF OFFICE Section 1. NUMBER AND SELECTION , QUALIFICATIONS : The affairs of this Association shall be managed by a Board of at least three (3) Directors . Each member of the Board of Directors shall be a Unit Owner or, if a Unit Owner is a partne rship, then a general partner of such Unit Owner may be a director and if a Unit Own er or such partner is a corporation, then an officer of such corporation or an agent appointed by the board of di rectors of such corporation may be a director. If a Unit or Units has shared ow nership interest, the ow ners are prohibited from serving as directors at the same time, regardle ss of the number of Un its owned. If a Unit Owner has a delinquent account with the A ssociation, that Unit Owner cannot be elected as a director. If at any time a director become s delinquent on any payment to th e Association, the director is
Owner has a delinquent account with the A ssociation, that Unit Owner cannot be elected as a director. If at any time a director become s delinquent on any payment to th e Association, the director is required to resign from the board position (and any officer position held) unless the Unit Owner brings his account current within ten (10) days’ notice from the Bo ard. If a director shall cease to meet such qualifications during the term, the director shall ther eupon cease to be a director and that place on the Board shall be deemed vacant., all but one of whom shall be a member of the Association, except that the initial Directors or their successors . as designated by Declarant. need not be members of the Asso ciation. Such Board shall be elected as follow: (a) Prior to the conveyance of twenty-five ( 25%) percent of the undi vided interest in the General Common Elements. as defined in th e Dec lararion, by Declarant to purchasers, a special meeting of the Unit Owners shall be called. at which time one (1) member of the initial Board of Directors. or his successor, as designed by the Declarant. shall tender his resignation, if such resignation is necessary to create a vacancy on the Board, and the Unit Owners, other than Declarant, shall elect one (1) new member of the Board of Directors.
(b) Notwithstanding paragraph (a) a bove, not later than forty -five (45) days after the conveyance of seventy-five (75%) percent of the undivided interests in the General Common Elements by Declarant to purchasers, or seven (7) years from the date of recording of the Declaration, wh ichever occurs first, a speci al meeting of the Unit Owners shall be called at which time all members of the initial Board of Directors, or their
ars from the date of recording of the Declaration, wh ichever occurs first, a speci al meeting of the Unit Owners shall be called at which time all members of the initial Board of Directors, or their successors as designated by D eclarant, but not having previously tendered their resignations in accordance with paragraph (a ) above, shall tender th eir resignations, and the Unit Owners shall elect such number of new members of the Board of Directors as shall be necessary so that the Board of Directors shall consist of three (3) persons, including such new member as may have been el ected pursuant to pa ragraph (a) above.
Section 2. INITIAL DIRECTORS: Notwithstanding any provision set forth in these By-Laws to the contrary. the "Declarant" sh all designate the initial Board of Directors, none of which must be Unit Owners, consisting of three (3) persons who shall have all of the rights and powers reserved to the Board of Directors under these By-Laws. Such members of the Board of Directors, or successors to any of them as designated by Declaran t, shall continue to serve until their successors are elected as set forth herein.
5 Section 23. ELECTION AND TERM OF OFFICE: At the time of election of the full Board, the term of office of the first elected Member of the Board of Directors shall be fixed at three (3) years. the term of office of the second elected Me mber of the Board of Dir ectors shall be fixed at two (2) years, and the term of of fice of the last elected Member of the Board of Directors shall be fixed at one (1) year. If there is any conflict in determining the te rms of office, the decision of the Initial Directors shall control. At the expiration of the initial term of office of each respectiveEach
one (1) year. If there is any conflict in determining the te rms of office, the decision of the Initial Directors shall control. At the expiration of the initial term of office of each respectiveEach Member of the Board of Directors, his successor shall be elected to serve for a term of three (3) years. Directors’ terms shall be staggere d such that at least 1/3 of th e Board is elected in each year.
Except in the event of death, resignation or rem oval, each Director sha ll hold office until his successor has been elected by the Unit Owners.
Section 4. REMOVAL: Any Direct or may be removed from the Bo ard, with or without cause, by a majority vote of the Members of the Associati on, or by a majority vote of the other Directors.
In the event of death, resignation or removal of a Dir ector, his successor shall be selected by the remaining Members of the Board and shall serve for the unexpired term of his predecessor.
Section 5. COMPENSATION: No Director shall receive compensation for any service he may render to the Association as su ch. However, any Director may be reimbursed for his actual expenses incurred in the performance of his duties.
Section 6. ACTION TAKEN WITHOUT A MEETING: The Di rectors shall have the right to take any action in the absence of a meeting whic h they could take at a meeting by obtaining the written approval of all the Directors. Such written approval may be provided by email or other electronic means. Any action so approved shall have the sa me effect as though taken at a meeting of the Directors.
ARTICLE V MEETING OF DIRECTORS Section 1. REGULAR MEETING: Regular me etings of the Board of Directors shall be held periodically without notice, at such place (physical or virtual) and hour as may be fixed from time
OF DIRECTORS Section 1. REGULAR MEETING: Regular me etings of the Board of Directors shall be held periodically without notice, at such place (physical or virtual) and hour as may be fixed from time to time by resolution of the boa rd. Should said meeting fall on a legal holiday, then that meeting shall be held at the same time on the next day which is not a legal holiday.
Section 2. SPECIAL MEETING: Sp ecial meetings of the Board of Directors shall be held when called by the President of the Association, or by one-third of the Di rectors, and after not less than twenty-four (24) hours' notice to each Director.
Section 3. QUORUM: A majority of the Directors present 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 re garded as the act of the Board.
Presence at a Board meeting may be in person, or via telephone or video/digital conference.
Section 4. WAIVER OF NOTICE: Any member of the Board of Directors may, at any time, waive notice of any meeting of the Board of Directors in writing, a nd such waiver shall be deemed equivalent to the giving of such notice. Attendance by a member of the Board of Directors at any meeting of the Board shall constitute a waiver of notice by him of the time and place thereof. If 6 all the members of the Board of Directors are pres ent at any meeting of th e Board, no notice shall be required and any business may be transacted at such meeting.
ARTICLE VI POWERS AND DUTIES OF THE BOARD OF DIRECTORS Section 1. POWERS: In addition to their other authority, the Di rectors shall have power to: (a) Adopt budgets for revenues, expenditures and reserves and levy and collect
ES OF THE BOARD OF DIRECTORS Section 1. POWERS: In addition to their other authority, the Di rectors shall have power to: (a) Adopt budgets for revenues, expenditures and reserves and levy and collect assessments for common expenses from Unit Owners; All maintenance, repairs and replacements to the individual units, in cluding but not limited to the following: exterior pa inting, rain gutters, down s pouts, roof, windows, siding, brickwork, chimneys, lamps and lamp posts, plantings including trees adjacent to units, sidewalks and driveway serving the unit shall be paid for by, or assessed to, the individual unit owner.
The cost of maintenance, repairs and re placements of plantings at the pond, circle, electrical boxes, cemetery fence line, the berm and trees planted by the developer, per the original plans, and th e cost of maintenance and repair s to the pump house, mail boxes and roadways shall be assessed as a common expense to all unit owners; (b) Employ and dismiss em ployees and agents; (c) Adopt and publish rules and regu lations governing the use of the Units, the Common Elements and facilities, and the pers onal conduct of the Members and their guests thereon, and to establish penalt ies for the infra ction thereof; (d) Exercise for the Association all powers, duties and authority vested in or delegated to this Association and not reserved to the Membership by other provisions of these By-Laws or the Declaration; (e) Employ a manager, an independent cont ractor, or such ot her employees as they deem necessary, and to prescribe their duties; (f) Foreclose the lien against property fo r which assessments are not paid within thirty (30) days after due date or to bring an action at law against the person personally obligated to pay the same;
(f) Foreclose the lien against property fo r which assessments are not paid within thirty (30) days after due date or to bring an action at law against the person personally obligated to pay the same; (g) Adopt and amend rules and regulations covering the details of the operation and use of the property; (h) Open bank accounts on behalf of the Association and to designate the signatories required therefor; (i) Purchase, lease or otherwise acquire in the name of the Board of Directors, or its designee, corporate or otherwise, on beha lf of all Unit Owners, Units offered for sale or lease or surrendered by the Own ers to the Board of Directors.
7 (j) Purchase Units at foreclosure or other j udicial sales in the name of the Board of Directors, or its designee, corporate or otherwise, on behalf of all Unit Owners; (k) Sell, lease, mortgage. vo te the votes appurtenant to (other than for the election of Members of the Board of Directors), or othe rwise dealing with Units acquired by and to sublease Units leased by the Board of Director s or its designee, corporate or otherwise, on behalf of all Unit Owners; (l) Organize corporations to act as de signees of the Board of Directors in acquiring title to or leasing of Un its on behalf of all Unit Owners; (m) Charge, in its discretion, reasonable f ees fer the use of any recreational facilities which may be constr ucted upon the Common Elements; (n)(m) Grant easements through or over Common Elements; (o) Grant or withhold approval of any action by a Unit Owner or other person which would change the exterior appearan ce of a Unit or any other portion of the condominium; (p) Make contracts and incur liabilities in connection with the operation of the condominium; (q) Acquire and convey property and borrow money on behalf of the
r any other portion of the condominium; (p) Make contracts and incur liabilities in connection with the operation of the condominium; (q) Acquire and convey property and borrow money on behalf of the Association.
Section 2 D UTIESuties : It shall be the duty of the Board of Directors to: (a) Cause to be keptMaintain a complete record of all its acts and corporate affairs and to present a stat ement thereof to th e Members at the Annual Meeting of the Members, or at any special meeting when su ch statement is requested in writing by threefourths (3/4) of the Members who are entitled to vote; (b) Supervise all officers, agents and empl oyees of this Asso ciation, and to see that their duties are properly performed; (c) Fix, from time to time, and at least annually, the amount of the annual assessment, and send written not ice of each assessment to at least one (1) owner of each Unit subject thereto at leas t ten (10) days in advan ce of the effective date.
(d) Issue, within ten (10) business days of a request by or on behalf of any Grantee of a unit, a statement setting forth the amount of unpaid assessments against the Grantor of such unit.
(e) Procure and maintain adequate liability and hazard and other insurance on property owned by the Association.
8 (f) Cause all officers, members of Bo ard and employees having fiscal responsibilities to be bonded, as it may deem appropriate; (g) Cause the Common Elements to be maintained; (h) Suspend the voting rights of an Owner upon the recording of a statement of condominium lien on that Owner's Unit. Such su spension of voting rights shall continue until the amount necessary to release the lien has been paid in full.
(i) Maintain a current roster of names and addresses of Unit Owners to which all notices shall be sent;
ting rights shall continue until the amount necessary to release the lien has been paid in full.
(i) Maintain a current roster of names and addresses of Unit Owners to which all notices shall be sent; (j) Deny the right to Vote at an Associat ion meeting to a Unit Owner who shall not have furnished to the Association the Unit Owner's name and current mailing and email address , as appropriate.; and (j)(k) Follow all laws, Federal, State, and local.
ARTICLE VII OFFICERS AND THEIR DUTIES Section 1. ENUMERATION OF OFFICERS: The o fficers of this Association shall be a President, Vice-President, and Secretary who sha ll at all times be memb ers, of the Board of Directors. and a Treasurer, a nd such other officers as the Bo ard 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 follow ing each annual meeting of the members.
Section 3: TERM: Each officer of this Associat ion shall be elected annually by the Board and each shall hold office until a successor is elected, unless he shall sooner resign, or shall be removed, or otherwise disqualified to serve.
Section 4. SPECIAL APPOINTMENT: The Board ma y elect such other officers as the affairs of the Association may require, each of who shall hold office for su ch period, have such authority, and perform such duties as the Board may, from time to time, determine.
Section 5. RESIGNATION AND REMOVAL: Any o fficer may be remove d 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 resigna tion shall take effect on the date of receipt of
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 resigna tion shall take effect on the date of receipt of such notice or at any later time specified ther ein, and unless otherwise specified therein, the acceptance of such resignation shall not be necessary to ma ke it effective.
Section 6. VACANCIES: A vacancy in any offi ce may be filled by appointment by the Board.
The officer appointed to such va cancy shall serve for the remainde r of the term of the officer lie being replace ds.
9 Section 7 . MULTIPLE OFFICES: The offices of Vice-President and Secretary, VicePresident and Treasurer, and Secretary and Treasurer may be held by the same person. No person shall simultaneously hold more than one of any of the other offices except in the case of special offices created pursuant to S ection 4 of this Article.
Section 8. DUTIES: The duties of the officers shall be as follows , unless otherwise assigned among the directors or delegated to a property manager or manage ment company at the Board’s discretion : (a) President. The President shall preside at all meetings of the Board of Directors; shall see that orders and resolutions of th e Board are carried out; shall sign all leases, mortgages, deeds and other written instruments and shall co-sign all checks if required to do so by resolution of th e Board of Directors; (b) Vice-President. The Vice-President shall act in the place and stead of the President in the event of his absence, inability or refusa l to act, and shall exercise and discharge such other duties as may be requi red of him by the Board; (c) Secretary. The Secretary shall record the vot es and keep the minutes of all meetings
r refusa l to act, and shall exercise and discharge such other duties as may be requi red of him by the Board; (c) Secretary. The Secretary shall record the vot es and keep the minutes of all meetings and proceedings of the Board and of the me mbers and present the minutes of the prior meeting and have all minutes available at all meetings; service notice of meetings of the Board and of the members; keep appropriate current records showing the members of the Association together with their addresses, a nd shall perform such ot her duties as required by the Board; (d) Treasurer. The Treasurer or designate sha ll receive and deposit in appropriate bank accounts all monies of the Association and sh all disburse such funds as directed by resolution of the Board of Di rectors; shall sign all checks and promissory notes of the Association; keep pr oper books of account; prepare monthly financial statements detailing the income and expenditures of the Association’s operating and reserve accounts cause an annual audit of the Association books to be made by a public accountant at the completion of each fiscal year ; and shall prepare an a nnual budget and a statement of income and expenditures to be presented to the membership at its re gular annual meeting, and deliver a copy of each to the members.
ARTICLE VIII COMMITTEES The Association may appoint a representative or committ ee for architectural control purposes as provided in the Declaration. In addi tion. the Board of Directors may appoint other representatives or committ ees as deemed appropriate in carrying out its purpose.
ARTICLE IX BOOKS AND RECORDS The books, records and papers of the Associa tion shall at all times, during reasonable
r representatives or committ ees as deemed appropriate in carrying out its purpose.
ARTICLE IX BOOKS AND RECORDS The books, records and papers of the Associa tion shall at all times, during reasonable business hours, be subject to inspec tion by any member or any mortgagee as detailed in Section 10 703.20 of the Act . The Declaration, Articles and the By-Laws as well as annual reports of the Association shall be available for insp ection by any member or any mortgagee at the principal office of the Association, where copies may be purch ased at a reasonable cost as detailed in Section 703.20 of the Act .
ARTICLE X ASSESSMENTS As more fully provided in the Declaration and Rules and Regulations , each member is obligated to pay to the Association annual an d special assessments which are secured by a continuing lien upon the property against which the assessment is made. Any assessments, or installments thereof, which are no t paid when due shall be delinquent . If the assessment is not paid within ten (10) days after the due date, the assessment shall bear interest from the date of delinquency at a rate of interest which is two percent higher than the rate prescribed by the Wisconsin Statutes to be co llected upon execution upon judgments. (In lieu of charging such interest the Board may, from time to time, fix a reasonable late fee, for each month or fraction thereof that such assessment is delinquent), and the Association may bring an action at law against the person personally obligated to pay the same or foreclose the lien ag ainst the property, and interest, costs and reasonable atto rneys' fees of any such action shall be added to the amount of such assessment. No Owner may waive or otherw ise escape liability for the assessments provided
, and interest, costs and reasonable atto rneys' fees of any such action shall be added to the amount of such assessment. No Owner may waive or otherw ise escape liability for the assessments provided for therein by nonuse of the Commo n Elements or abandonment of his Unit. A suit to recover a money judgment for unpaid asse ssments hereunder may be mainta inable without foreclosing or waiving the lien securing the sa me. If any installment of any a ssessment become s delinquent, the privilege of paying such assessment in installme nts may, at the option of the Association, be terminated and, if such delinquent installment be of an annual assessment, the entire annual assessment for the remainder, of the fiscal year, or if the delinque nt installment be of a special assessment, the entire special assessment may, at the option of the Asso ciation, be declared without further notice, due and payable and, in such event, same shall be considered delinquent.
ARTICLE XI ABATEMENT AND ENJOINING OF VIOLATIONS The violation of any rule or re gulation adopted by the Board or Directors, or the breach of any By-Law contained herein, or the breach of any provision of the Decl aration, shall give the Board of Directors the right, in addition to any othe r rights set forth in these By-Laws: (a) to enter the Unit in which or as to which such violation of or breach exists and to summarily abate and remove, at the expense of the de faulting Unit Owner, any structur e, thing or condition that may exist therein contrary to the intent and meaning of the provisions hereof, an d the Board of Directors shall not thereby be deemed guilty in any manner of the trespass; or (b) to fine for the violation as
therein contrary to the intent and meaning of the provisions hereof, an d the Board of Directors shall not thereby be deemed guilty in any manner of the trespass; or (b) to fine for the violation as set forth in the Rules and Regulations; or (c) to enjoin, abate or remedy such thing or condition by appropriate legal proceedings consistent with the Declaration .
ARTICLE XII SALE AND LEASE OF UNITS Section 1. SALES AND LEASES: No Unit Owner may se ll or lease his Unit or any interest therein except by complying with the provisions of this section. A Unit Owner's sale of his Unit 11 shall be deemed to include, whether or not so expressly stated, the sale of (a) the undivided interest in the Common Elements and facilities appurtenan t thereto; (b) the interest of such Unit Owner in any Units theretofore acquired by the Board of Directors, or its design ee, on behalf of all Unit Owners, or the proceeds of the sale or lease thereof, if any; and (c) the interest of such Unit Owner in any other assets of the Property, or the Association, hereinafter collectively called the "appurtenant interests".
Section 2. LEAS ING R ESTRICTIONS; OWNER OCCUPANCY REQUIRED : Any lease shall be consistent with the Declaration, these By-Laws and any Rules or Regulations established by the Board and shall provide that the Board of Directors shall ha ve the power to terminate such lease and to bring summary proceedi ngs to evict the tenant in the name of the landlord thereunder, in the event of default by the tenant in the perfo rmance of the provisions of the lease, or in the event of violation by the tenant of the Declara tion, By-Laws or Rules and Regulation. All Units must be owner occupied (the “ Owner Occupancy Requirement”). For purposes of this section, the
in the event of violation by the tenant of the Declara tion, By-Laws or Rules and Regulation. All Units must be owner occupied (the “ Owner Occupancy Requirement”). For purposes of this section, the Owner Occupancy Requirement will not be breach ed if the occupants are the Unit Owner’s immediate family members, herein defined as a parent, child , spouse/domestic partner, sibling, grandparent, or grandchild, by blood, adoption, marriage, or registered domestic part ner; further, if a Unit is owned by an entity, the Owner Occupa ncy Requirement shall be met if the person occupying the Unit has a substantial ownership interest in the entity or is a trustee or beneficiary of a Trust. The Board of Directors is entitl ed to ask for evidence showing the purported relationship or ownership interest in the Unit. In no event will the Owner Occupancy Requirement apply to Mortgagees of the Unit, or the Association, where the Un it is acquired by foreclosure of the mortgagee's or Association's interest, either judicially or by accepting a deed in lieu of foreclosure.
Special Hardship Exception. The Board of Dire ctors shall have the au thority to waive the requirements of this Section 2 a nd allow a Unit to be leased upon request of a Unit Owner if it determines, in its sole discreti on, that enforcement ther eof in the particular circumstances would result in an unreasonable hardship upon the Un it Owner, and that the exception would not jeopardize the interest of the Association in promoting owner-occupancy of Units. If any Unit Owner shall desire to lease to, or cause a Unit to be occupied by a person other than an immediate family member pursuant to this hardship excep tion, said lease or occupancy shall require the
y Unit Owner shall desire to lease to, or cause a Unit to be occupied by a person other than an immediate family member pursuant to this hardship excep tion, said lease or occupancy shall require the approval of the Board of Directors. Any applicati on for an exception must be in writing and give the reasons for requesting the exception. The Board shall convene a meeting within 20 days after receipt of notice, advising the Unit Owner of the time and place of a mee ting and giving the Unit Owner an opportunity to attend. The Board shall make a decision as to whether or not to grant the hardship exception within fourteen (14) days of said meeting and the re asons shall be briefly stated in writing. The decision shall be binding on the Association and th e parties. The maximum length of any hardship exception is one (1) year, and the minimum lease term that may be allowed by any hardship exception is six (6) months.
Section 3. APPROVAL OF PURCHASE: The Board of Directors may not purchase a Unit without first obtaining approval of the majority of Unit Owners pr esent in person or by proxy, at a special meeting called for that purpose. This Section does not apply to a sheriff’s sale arising from a condominium lien foreclosure action.
12 Section 4. FINANCING OF PURCHASE OF UNITS BY BOARD OF DIRECTORS: Aquisition of Units by the Board of Directors, or its designee, on behalf of all Unit Owners, may be made from the working capital and common char ges in the hands of the Board of Directors, or if such funds are insufficient, the Board of Di rectors may levy an assessment against each Unit Owner in proportion to his ownership in the Common Elements and facilities, as a common charge, which assessment shall be enforceable in the same manner as provided herein.
sessment against each Unit Owner in proportion to his ownership in the Common Elements and facilities, as a common charge, which assessment shall be enforceable in the same manner as provided herein.
Alternatively, the Board of Dire ctors may borrow money to finan ce the acquisition of such Unit; provided, however, with respect to a Unit purchase that no financing may be secured by an encumbrance or hypothecation of any property othe r than the Unit to be acquired by the Board of Directors.
Section 5. WAIVER OF RIGHT OF PARTITION WITH RESPECT TO UNITS ACQUIRED BY BOARD OF Directors: In the event that a Un it shall be acquired by the Board of Directors or its designee on behalf of all Unit Owners as tenants-in-common all such Unit Owners shall be deemed to have waived all rights of partition with respect to such Unit.
Section 6. NOTIFICATION OF CONVEYANCE: With in five (5) days after a sale, transfer or conveyance (by land contract, mortgage or otherw ise) of any legal or equitable interest in a Unit, the purchaser or mortgagee sh all deliver notice to the Associati on stating: (a) the date of the conveyance; (b) the Unit; (c) the purchaser's or mortgagee's name and mailing address and (d) the name and address of the Designee of such purchaser , if any; and (e) any other information as may be required under the Condominium Documents or as may be reasonably requested by the Board.
ARTICLE XIII CONFLICTS These By-Laws are set forth to comply with the requirements of the Wisconsin Condominium Ownership Act. In ca se there is any conflict betw een the provisions of these ByLaws, the Act, the Declaration, the Plat or the Articles, the fo llowing shall apply: (a) The provisions of the Act control over the provisions of the Declaration, the Plat,
e provisions of these ByLaws, the Act, the Declaration, the Plat or the Articles, the fo llowing shall apply: (a) The provisions of the Act control over the provisions of the Declaration, the Plat, the By-Laws and the Articles; (b) The provisions of the Declaration control over provisions of th e Plat, the By-Laws and the Articles; (c) The provisions of the Plat contro l over the provisions of the ByLaws and the Articles.
(d) The provisions of the Articles control over the provisions of the By-Laws.
ARTICLE XIV AMENDMENTS These By-Laws may be amended by affirmat ive vote of Unit Owner s having sixty-seven percent (67%) or more of the votes at a regular or special meeting of the Members, provided.
however, that these By-Laws may not be amende d without the approval of the Plan Commission of the City of Brookfield, Wisconsin .
13 ARTICLE XV FISCAL YEAR The fiscal year of the corporation shall be the annual periods begi nning January 1 st and ending December 31st, or such other fiscal year as the Board of Directors may, from time to time, designate.
ARTICLE XVI CORPORATE SEAL The Association shall not have a seal; and where a seal is required, th ere shall be a notation thereon to the effect that the Association has no seal.
These Amended and Restated Bylaws were a dopted by a vote of 67% of the Unit Owners Brookfield, Wisconsin .