1 BY LAWS OF WHITING HOLLOW LAKE ASSOC IATION ADOPTED 12/4/2021 MEETING ARTIC LE I NAME A ND OBJECT OF THE ASSOCIAT ION Section 1. This assoc iation shall be known as: WHITING H OLLOW L AKE HOMEOWNERS ASSO CIATION, INC. (Association) Section 2. The purpose of the Association shall be to main tain the dam and roads i n the subdivision known as Whiting Hollow L ake, and to promote cooperation among the lot owners while providing for the mutual assistance , enjoyment and improvement of Whiting Hollo w La ke.
By way of exampl e, the dam maintenance shall include but is not limited to : a. cle aring trash rack b. mowing the grass and k eeping the dam fre e and clear of trees and brush c. main taining the release valve, riser, and dr ain pipe d. mainta ining g rout p ipes e. taking any action necessary to prev ent remedy leaks, such as pr essure grouting .
f. and all that is necessary to maintain the dam in accordance with all government regulations in effect.
By way of example , road maintenance shall include but is not limited to : a. gra ding b. ditching c. grav eling d. the e rection and m aintenance of a suitable gate and sign e. snow plowing Section 3. Fiscal Year is defined as calendar year. January 1 to December 31 Section 4: I n the case of any conflict within the Association , the (1) provisions of federal and state law, ( 2) these Bylaws and (3) Association minutes shall prevail in that order. Robe rt’s Rules of Order shall be the authority on all questions or procedures not specifically stated within these Bylaws.
Section 5: Any dispute shall be heard through meditation according to the rules of the American Arbitration Association.
2 ARTICLE II MEMBE RSHIP Section 1. Members hip of the A ssociat ion sha ll consist of lot owners or named
be heard through meditation according to the rules of the American Arbitration Association.
2 ARTICLE II MEMBE RSHIP Section 1. Members hip of the A ssociat ion sha ll consist of lot owners or named spouse on the deed or person to be named by LLC, Corporation or trust in the Whiting Hollow Lake subdivision as pro vided i n and required by the deed to each lot.
Section 2 . Membership shall ce ase upon divestment of title by de ed or dev ise. In the event of the d eath of any member, the per son(s) succeed ing to the lot ownership by devise or distribution s hall become m ember(s).
Section 3 . Each member shall be ent itled to one vote per lot owned. In the event of joint or m ultiple ownership of a lot, only one vo te shall be allowed per lot to be exercised by d esignation of the lot o wners.
ARTICL E III GOVE RNMENT Section 1.The general-management of the affairs of the Association shall be vested in the Board of Direct ors.
Section 2 .The Officers of the Association shall con sist of a P resident, Vice President, Secretar y, Treasurer, a nd a Board of Directors of three (3) members herein after known as the Board .
Section 3. Any officer or director shall b e a member of the Assoc iation.
Section 4.The officers of the Association shall also be directors.
ARTICLE IV MEETINGS Section 1. The annua l meeting of membe rship shall be on any day of August or September but not on a Federal holiday . Notices of the t ime and place of the annu al meeting shall be mailed to each member at least fourteen (1 4) days previous thereto.
Notice shall be sent to the address on file with the Association be it physical or electronic only to one owner of each lot. The purpose of the annual meeting shall be
n (1 4) days previous thereto.
Notice shall be sent to the address on file with the Association be it physical or electronic only to one owner of each lot. The purpose of the annual meeting shall be for electing a Board of Directors, updating the members of previous and future community plans, making decisions regarding the Association, and for any other Association affairs that may come up. All meetings are to be offered virtually (video or teleconferencing) and in person . The video conference needs to include instruction on how to log into the meeting or log into the meeting (or dial in by phone) and be ADA , Americans with Disabilities Act compliant so members can attend.
Section 2. Special meetings may be called by the P resident of the Association at any time on his own initiative, or upon the request of five (5) members of the Association.
Notice shall be given in the same manner as indicated in Section 1 above . The purpose of the meeting shall be stated in the call of t he meeting or notice of the meeting.
3 Section 3 . A quorum shall consist of at least (8) members , two (2) of which must be directors.
Section 4 Meeting of the Board of Directors shall be at least annual on the date as the meeting of the membership and at such other time the President or Secretary or his or their initiative shall deem necessary. F ourteen (14) days advance notice of the meeting sh all be sent to all directors. A majority of the directors shall consist of a quorum.
Section 5 Eligibility to Vote. All Members must be current and in good standing with the Association ’s dues to be entitled to (1) vote, (2) hold elective or appointive office, and (3) serve on committees as may be established.
Section to be added:
e current and in good standing with the Association ’s dues to be entitled to (1) vote, (2) hold elective or appointive office, and (3) serve on committees as may be established.
Section to be added: Section 6. Members of the Association may vote in person , electronically, by telephone or video conference .
ARTICL E V ELECTION OF OFFICERS Section 1. The d irectors of the Assoc iation sha ll be elected at the ann ual meeting.
Section 2.The Board of Directors shall elect the officers at their annual meeting .
Section 3. If a vacanc y occurs amo ng the officers or on the Boar d of Directors, the vacanc y shall be filled for the unexpi red term by t he remaining directors.
Board shall appoint by majority vote a person to fill the vacancy until the next annual meeting.
ARTICLE VI DUTIES OF OFFI CERS Section 1. Officers shall run the ordinary affairs of the Association and shall keep a checking account and/or savings account and collect all dues. All checks of the Association require signatures of any two (2) of the following officers: President, Vice President , Secretary , Treasurer.
Section 2: The duties of officers shall include: Secretary: Attend meetings, make recordings to prepare minutes, handle all correspondence, responsible for the mailbox, retain and maintain records of the Association.
Treasurer: Maintain all financial accounts including reports and financial filings.
Vice President: Fill in for any absent officer.
President: All other responsibilities not enumerated above including calling and managing meetings, making appearances for the Association and representing the Association.
4 ARTICLE VII DUTIES AND PUR POSES OF THE BOARD OF DIRE CTORS Section 1. The Board of Directors shall h ave gene ral charge and mana gement of the
for the Association and representing the Association.
4 ARTICLE VII DUTIES AND PUR POSES OF THE BOARD OF DIRE CTORS Section 1. The Board of Directors shall h ave gene ral charge and mana gement of the affairs, funds and property of the Association.
Section 2. The Board of Direc tors may make rules f or the conduct of the m embers of the Association and the use of the dam and the roads.
Section 3. The Bo ard of Directors sha ll not impose a ny liability nor levy any assessment on the members excep t as hereinafter spe cifically provided.
Section 4. Meetings of the Board of Directors and the membership shall be hel d on the premises o f a member or if none is available, at some loca tion within Stamford or Jefferson, New York.
Section 5. Neither the officers, directors or members of the association shall receive any compensation except for necessary disbursements such as travel and telephone . Upon the vote of a ma jority of the Board of Directors, a member , officer or director will not be compens ated for any labor performed or materials furnished for the object or purpose of the Association, however their business may be considered in the same process that all contractors are considered by . If the request is placed before the Board prior to performance , provision of materia ls can be made , except in emergency approved by the President in advance.
Section 6 Board of Directors shall maintain a complete and detailed record of all the Association's transactions and acts and furnish said records to the Members when such records are requested in writing by Members who are entitled to vote. Board of Directors shal l impose the contractual maintenance and other assessments against each lot and provide written notice of each assessment to all Members of the
mbers who are entitled to vote. Board of Directors shal l impose the contractual maintenance and other assessments against each lot and provide written notice of each assessment to all Members of the Association.
ARTICLE VIII APPLICA TION OF DUE S Section 1 . The annual dues or assessment shall based on the annual budget divided per lot as voted on . Snowplowing fee or special assessment will be established at each annual meeting. No dues shall be payable in any year in which there is at the commencement of said year, at least TWENTY FIVE THOUSAND DOLLARS ($ 25,000.00) in the Association's treasury unencumbered or unassigned reserve accounts .
5 Section 2. The ann ual dues, and a ssessment s hall be a lien on ea ch lot which may be fo reclosed at the discr etion of the directors in the event that said dues or assessment are not paid.
Section 3 . Lot #9 receives special consideration in annual dues for snow charges that are removed – can be reversed if dues are not paid for 2 consecutive years . [added January 29, 2022] ARTICLE IX NOTICES Section 1. All notices to members shall be sent to the address on file with the Association be it physical or electronic .
ARTICLE X AMENDMENTS Section 1 . These By -Laws may be amended only by a majority vote of the members present at a regular or special meeting of the Association, provided that notice of the propo rtion of the propo sed amendment has been stated in the call for the meeting.