Lake of the Hills Estates
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name of this corporation is and shall be
Association shall be conducted as a nonprofit corporation for the purposes set
forth in the Articles of Incorporation and the declaration of Protective
Covenants and Restrictions of LAKE OF THE HILLS ESTATES.
“Association” shall mean and refer to
“Properties” shall mean and refer to properties within
“Common area” shall mean property owned, or otherwise maintained,
repaired, or administered by the Association.
“Owner” or “lot owner” shall be any person or entity who is a
record owner of a fee or undivided fee interest or purchaser under contract of
any presently existing or subsequently divided lot or parcel referred to
above. The term “owner” is not
intended to include persons or entities holding an interest merely as security
for the performance of an obligation.
“Member” shall mean and refer to those persons entitled to
membership as provided herein and in the Declaration.
“Declaration” shall mean the recorded declaration of Protective
Covenants and Restrictions of LAKE OF THE HILLS ESTATES as now or hereafter
“RCW 64.38” means Revised Code of Washington, Chapter 64.38,
The privileges as defined in the Declaration of the Association shall
be extended to the spouse and children of a member and may be extended to
guests under such rules and regulations as the Board of Directors may
No membership may be conveyed or transferred except by sale of the lot
to which such membership is appurtenant or the making of a contract for the
sale thereof. In the event of the
death of a member, his or her membership shall pass in the same manner and to
the same person as does the lot to which such membership is appurtenant.
No memberships shall be forfeited nor any members expelled.
No member may withdraw except under the transfer of title to or upon
contracting for the sale of the real property to which his membership is
Each lot in
At all special or regular meetings of the membership a quorum shall
consist of fifty (50%) percent of the total votes of the Association present
at the beginning of the meeting in person or by proxy.
Proxy votes will be identified to the Secretary at the beginning of the
The Association shall have an annual meeting of the membership for the
purpose of electing Directors, ratifying the proposed annual budget and any
other matters listed on the agenda. The
annual meeting shall be held at such time as is provided in Article V, Section
Special meetings may be called by the President, a majority of the
board of directors, or members representing at least twenty five (25%) percent
of the total votes of the Association.
Notice of annual and special meetings shall state the place, day and
hour of the meeting and the purpose or purposes for which the meeting is
called and any other matters as are required by RCW 64.38 as now or hereafter
amended. An agenda of matters to
be considered shall be included. In
the case of an annual meeting, a summary of the budget shall be included.
The notice shall be given by the Secretary not less than fourteen (14)
days nor more than sixty (60) days prior to the meeting by being hand
delivered or sent prepaid by first class
Board of Directors
Number and Qualifications.
The affairs of the Association shall be governed by a Board of
Directors composed of five (5) persons.
Election and Term of Office.
The Directors shall be elected by a majority of the members at the
annual meeting in which a quorum is present.
The term of office of each Director or Directors shall be fixed at two
(2) years. The election of three
Directors shall be held in odd years and two in even years.
Vacancies in the Board of Directors caused by any reason shall be
filled by vote of the majority of the remaining Directors, even though they
may constitute less than a quorum; each person so selected shall serve for the
unexpired term of his predecessor and until a successor is elected and seated
at an annual meeting of the Association.
Section 4. Removal of Directors.
Any Director may be removed with or without cause by a majority vote of
the membership at a special meeting of the members called for that purpose at
which a quorum is present.
Nomination of Directors.
Nomination for election to the Board of Directors shall be made from
the floor at the annual meeting.
Section 6. Special Meetings.
Special meetings of the Board of Directors may be called by the
President on three (3) days’ notice to each Director, given personally or by
mail, addressed to his residence or by telephone, which notice shall state the
time, place and purpose of the meeting. Special
meetings of the Board of Directors may be called by the President or Secretary
in a like manner and on like notice upon the written request of a majority of
Board of Directors’ Quorum.
At all such meetings of the Board of Directors a majority of the
Directors shall constitute a quorum for the transaction of business, and the
acts of the majority of the Directors present at a meeting at which a quorum
is present shall be the acts of the Board of Directors. Directors may
participate in a meeting by means of a
Power of the Board of Directors.
The Board of Directors shall have the power to:
To establish annual assessments, including special assessments approved by a
majority vote of the homeowners, for the common benefit of the land for
utilities, roadways, property protection, drainage, landscaping, insurance,
improvements, payment of taxes upon common property, or otherwise for common
purposes, including the enforcement of the covenants and restrictions.
Annual maintenance assessments shall be initially set at $200 per year
per lot, and may be adjusted by the Board of Directors with a maximum increase
of 5% per year. Normal due dates
for the assessment will be July 1st of each year.
Delinquent charges of 10% of the delinquent amount per month will be
imposed 30 days after the due date. The
Directors shall not allow unreasonable accumulation of funds and shall adjust
the annual assessment accordingly.
To adopt reasonable rules and regulations governing use of the common
areas and for enforcement of the Protective Covenants.
To enforce the provisions of this Declaration and such Articles, Bylaws
or rules and regulations as may be adopted.
To supervise the ownership, repair, maintenance and improvements of the
To institute or defend all forms of lawsuits or other proceedings as
may be necessary to further protect the interests of the Association or the
common areas and to incur reasonable attorneys’ fees and costs on such
To purchase supplies or services which may be necessary for
administration of the common areas or to any functions allocated to the
To grant easements to any other property or individual, across the
common areas, upon such conditions as may be reasonable.
Hold one annual meeting of the Board.
The Board may hold other regular meetings during the year as the Board
by majority vote may agree upon.
Cause to be kept a complete record of all its acts and corporate
affairs, including minutes of all meetings which shall be available to all
members and their authorized agents upon request.
All meetings of the Board shall be open for all members and their
authorized agents as provided in and subject to closed executive sessions as
authorized by RCW 64.38 as now or hereafter amended.
To supervise the care and maintenance of the common areas and
Adopt an annual proposed budget, set a date for the annual meeting of
the members, and give notice as provided in Article IV, Section 8 (which
notice shall include a budget summary).
Issue, or cause the appropriate officer to issue, upon demand, by any
person, a certificate setting forth whether or not any assessments have been
paid. A reasonable charge may be
imposed by the Board for the issuance of these certificates.
Procure and maintain adequate liability and hazard insurance.
To keep financial and other records sufficiently detailed to enable the
Association to fully declare to each member the true statement of its
To prepare or cause to be prepared at least annually a financial
statement of the Association. A
copy of the annual financial statement shall be submitted to the members of
the Association at the annual meeting.
To keep funds of the Association only in accounts in the name of the
Association and not commingle those funds with other persons or legal
The executive officers of the Association shall be a President, Vice
President, Secretary and Treasurer, and Architectural Control Coordinator, all
of whom shall be elected by and from the Board of Directors.
Election of Officers. The
officers of the Association shall be elected annually by the Board of
Directors at the organizational meeting of each new Board after the annual
election and shall hold office at the pleasure of the Board, and/or until
their successors be elected and qualified.
Section 3. Removal of Officers.
Upon an affirmative vote of a majority of the members of the Board of
Directors, any officer may be removed, either with or without cause and his
successor elected at any regular meeting of the Board of Directors or at any
special meeting of the Board of Directors called for that purpose.
Removal of such officer, however, shall not affect a removal from his
position as a member of the Board of Directors.
vacancy in any office may be filled by appointment by the Board of Directors.
The officer appointed to such vacancy shall serve for the remainder of
the unexpired term of the officer whom he replaces.
The President shall be the chief executive officer of the Association.
He or she shall preside at all meetings of the Association and of the
Board of Directors. He or she
shall have all of the general powers and duties which are usually vested in
the office of the President of an Association, including, but not limited to,
the power to appoint committees from among the
members from time to time as he may in his discretion decide is appropriate to
assist in the conduct in the affairs of the Association.
committees from among the
members from time to time as he may in his discretion decide is appropriate to
assist in the conduct in the affairs of the Association.
The Vice President shall take the place of the President and perform
his or her duties whenever the President shall be absent or unable to act.
If neither the President or Vice President is able to act, the Board of
Directors shall appoint some other member of the Board to do so on a interim
basis. The Vice President shall
also perform such other duties as shall from time to time be imposed upon him
by the Board of Directors.
The Treasurer shall receive, keep faithfully, and deposit in such bank
or banks as may be designated by the Board of Directors, all funds, securities
and liquid assets of the Association in its name for its account and shall
disburse funds of the Association under the direction of the Board of
Directors on checks signed in the manner from time to time determined by the
Board of Directors. He or she
shall keep full and accurate books of account and shall make such reports of
the finances and transactions of the Association as may be required by the
Board of Directors and shall prepare and present to the annual meeting of the
members a full statement showing in detail the financial condition of the
Association. He or she shall file
appropriate tax returns as necessary.
The Secretary shall attend and keep the minutes of all meetings of the
Board of Directors or of the Association, shall give all notices as provided
by the Bylaws, and shall have such other powers and duties as may be
incidental to the office of Secretary, given him by these Bylaws, or assigned
to him from time to time by the Directors.
If the Secretary shall not be present at any meeting, the presiding
officer shall appoint a Secretary pro-tempore who shall keep the minutes of
such meeting and record them in the books provided for that purpose.
Architectural Control Coordinator.
The Architectural Control Coordinator (ACC) shall be responsible for receiving
and coordinating the evaluation process for disposition of building plans and
requests for homes, satellite structures, fences, driveways and any structural
activity related to the building restrictions and limitations as stated in the
Protective Covenants, Conditions, and Restrictions.
ACC liaison activities shall occur between the Board of Directors and
the Homeowner Association members submitting written plans and requests for
approval. The final
APPROVAL/DISAPPROVAL of building plans and requests will be determined by the
Board of Directors. The ACC is
responsible for generating and maintaining files of building plans and
requests submitted for approval along with the Director’s disposition of the
Books and Records
books and records and papers of the Association, including the Articles of
Incorporation, Bylaws, and the Protective Covenants and Restrictions shall be
subject to inspection and copying by any member of the Association or their
respective authorized agents.
Compatible with the terms and conditions of the Protective Covenants
and Restrictions contained in each member’s deed or contract of purchase and
of the levy of assessments required to be made pursuant thereto, the Board of
Directors shall adopt a proposed annual budget.
Such proposed annual budgets and any proposed special budgets will be
submitted to the membership for ratification.
In the event the proposed annual or special budget is rejected or the
required notice is not given, the periodic budget last ratified by the members
shall be continued until such time as the members ratify a subsequent budget
proposed by the Board.
The depository of the Association shall be such bank or banks as shall
be designated from time to time by the Board of Directors and in which the
monies of the Association shall be deposited.
Withdrawal of monies from such accounts shall be only by check signed
by two Directors. The Board of
Directors shall, from time to time, in their discretion, advise and direct the
Treasurer, or other person charged with the responsibility of investment or
accumulated funds, as to the investment of such funds.
There shall be annually levied and collected, assessments, including
special assessments, as fixed by the Board of Directors pursuant to the
provisions of Article IX hereof. Assessments
shall be deemed to be charges levied by the Association on an annual basis,
against each and every lot, except the entrance area Lot 12, to be used to
defray the administrative costs and expense of the Association, and for the
common benefit of the properties for utilities, roadways, property protection,
drainage, landscaping, insurance, improvements, payment of taxes upon any
common areas and the holding of ownership or otherwise for common purposes.
Except as is provided in the Declarations, assessments shall be made to
apply equally to each lot without regard to the size thereof or any other
factors or circumstances which might be considered in the absence of this
Each owner is obligated to pay to the Association annual and special
assessments which shall be secured by a continuing lien upon the property
against which the assessment is made. Any
assessment which is not paid when due, shall be deemed delinquent.
Written notice of the lien may be filed with the Clallam County Auditor
by the Board of Directors. If the assessment is not paid within thirty (30)
days after the due date, a delinquency charge of 10% per month will be added
until paid, and the Association may bring an action at law against the owner
personally obligated to pay the same, or foreclose the lien against the
property, and interest, expenses of title examination and insurance, costs and
attorney’s fees of any such action shall be added to the amount of such
assessment. No owner may waive or otherwise except liability for assessments
provided for herein by non-use of the services or property available or by
abandonment of his property, or by any other means whatsoever.
Assessments may be collected on an annual, semi-annual, quarterly or
monthly basis as the Board of Directors shall from time to time fix and
Rules of Conduct.
Rules, regulations and restrictions concerning the use of any common
areas and facilities may be promulgated and amended by the Board of Directors
from time to time. Copies of such
rules, regulations and restrictions shall be furnished by the Board to each
owner prior to their effective date. Such
rules, regulations and restrictions shall be in addition to the restrictions
that are set forth in the protective covenants and restrictions of each
owner’s deed or contract of purchase.
The invalidity of any part of these Bylaws shall not impair or effect
in any manner the validity, enforceability or effect of the balance thereof.
The captions herein are inserted only as a matter of convenience and
for reference and in no way confine, limit or describe the scope of these
Bylaws or the intent of any provision thereof.
The Use of Section, Number and Gender.
The use of the masculine gender in these Bylaws shall be deemed to
include the feminine gender and the use of the singular shall be deemed to
include the plural where the context so requires.
No restriction, condition, obligations or provision contained in these
Bylaws shall be deemed to have been abrogated or waived by reason of any
failure to enforce the same, irrespective of the number of violations or
breaches thereof which may occur.
case of any conflict between the Articles of Incorporation and these Bylaws,
the Articles shall control. In the
case of conflict among the Articles, Bylaws and Declaration, the Declaration
Amendment of Bylaws.
These Bylaws may be amended, modified or revoked in any respect from
time to time by a majority vote of the Board of Directors in a regular or
special meeting called for that purpose; provided, that any such amendment
prior to becoming effective shall first be submitted to the general membership
for their consideration and approval or disapproval by majority vote at the
next following annual meeting of the Association, or at a special meeting
called for that purpose at which a quorum is present.
ADOPTION OF BYLAWS
foregoing Bylaws were adopted by a majority vote of the
Directors of the Association
on the _____ day of _________, 2000.
Ray Kawal, President
Soeren Poulsen, Secretary