LLA By-Laws

Adopted May 16, 2023

    The Association is organized under Act 162, Public Acts of Michigan (1982), as amended.

ARTICLE I – NAME AND ORGANIZATION

The name of this Michigan non-profit Corporation shall be Lake Lapeer Association (hereinafter referred to as the “Association”).  The Association is organized under Act 162, Public Acts of Michigan (1982), as amended.

The principal office of the Association shall be at such place within the state of Michigan as the Board of Directors may establish.

These Bylaws of the Association are intended to replace, in their entirety, any previously adopted bylaws of the Association.

ARTICLE II – PURPOSE

Section 1.  To exercise the jurisdiction, rights, and powers granted in the Act, the Declarations of Restrictions, these Bylaws, the Association’s rules and regulations, and its Articles of Incorporation (collectively referred to as the “Governing Documents”).

Section 2.  To advance the welfare of Association members with emphasis on safety on the lake, in neighborhoods andon property owned by the Association; maintenance of property owned by the Association; water quality, water level, fishery maintenance, and maintaining a better-connected community.

Section 3. To support the work of the Lapeer County Drain Commission to continuously maintain the structural and functional integrity of the dam and spillway.

Section 4. To enforce building standards and restrictions as well as monitor property within the Association for the purpose of maintaining neighborhoods that are safe, attractive, decent, sanitary, and blight-free.

Section 5.  To levy and collect assessments from the members and to use the proceeds thereof for the purposes of the Association in accordance with the Declarations of Restrictions, its Articles of Incorporation, and these Bylaws.

Section 6. To promote respect for the lake, shoreline, and for all those living around it.

ARTICLE III – MEMBERSHIP

Section 1.  To be a member of the Association, all of the following conditions shall be met.

  1. Property is owned or is being purchased within the on-lake or off-lake area outlined in Exhibit A.
  2. Annual dues are paid as specified in Article X and the maintenance fee, if any, is paid for property subject to a Declaration of Restrictions.
  3. Bylaws, rules, and regulations of the Association always are followed.
  4. Property always is maintained in a manner that is in full compliance with these bylaws and the Declaration of Restrictions, if any, pertaining to the property.
  5. Name, street address, and email address of the property owner(s) are provided to the Association to verify that property is within the area outlined in Exhibit A, as referenced above, and so that the written notices provided for in these bylaws can be sent to the owner(s).

Section 2.  Membership shall terminate upon a property owner’s failure to meet any of the five membership requirements specified above in Section 1. Even in the event of default in any of the provisions outlined in Section 1, above, members subject to a Declaration of Restrictions will still be subject to the provisions of the Declaration of Restrictions.

Section 3.  Any member whose property is not governed by a Declaration of Restrictions can petition the Association to enter into an agreement to be bound by the terms of same, which would be recorded with the Lapeer County Register of Deeds.

ARTICLE IV. — MEMBERSHIP MEETINGS AND VOTING

Section 1.  Meetings

  1. The Association shall hold a meeting of its members annually in the county of Lapeer, Michigan on the third Tuesday ofAugust each year for the purpose of electing Directors and for the transaction of other business as may be brought before the membership. This meeting shall hereinafter be referred to as the Annual Meeting. The time and place shall be designated by the Board of Directors. For an extenuating reason and with proper notice, the Board may change the date of the annual meeting in any given year, provided that at least one meeting is held in each calendar year.
  2. Special membership meetings may be called by the President and Secretary, at the request of the majority of the Directors, or at the written request of not less than ten (10) percent of the members of the Association.
  3. At least ten (10) and not more than sixty (60)days prior to any membership meeting, notice of the meeting and its agenda shall be provided in writing (e.g., U.S. Mail or email) to the property owner(s) at their streetaddress or email addressas it appears on the records of the Association.  Notice of a special meeting shall indicate the purpose of the meeting.
  4. The President shall call meetings of the members to order and shall act as chairperson.  If the President is absent, the meeting will be chaired by the Vice President. If the President and Vice President are absent, the meeting will be chaired by the Treasurer. If the President, Vice President, and Treasurer are absent the meeting will not be called to order and will be rescheduled adhering to the notice requirement in Section C. above. The Secretary shall record the proceedings of meetings of the members.  In the absence of the Secretary, or in the event of his/her inability to act as Secretary, the presiding officer shall appoint any other director who is present to act as secretary.
  5. At any meeting of the members in which members will vote on anything, ten (10) percent of the membership shall be present to constitute a quorum.  Such meetings at which less than a quorum is present shall be adjourned to a later date.  At any meeting of the members in which members will not vote on anything, ten (10) members in addition to members of the Board of Directors shall be present to constitute a quorum. Such meetings at which less thana quorum is present shall be adjournedto a later date. When a meeting is adjourned due to a lack of a quorum and the meeting is rescheduled, the notice requirements in Section C., above, shall be followed including an explanation that the prior meeting was adjourned due to a lack of quorum. Members or proxy holders may only participate in person at meetings as participation through telecommunications such as Zoom and telephone is not permitted.
  6. Motions requiring a vote at a meeting of the members are restricted to items on the previously published agenda.
  7. An issue raised at a meeting of the members that requires a membership vote but was not included on the agenda of the meeting shall be assigned as an agenda item to be acted upon at a subsequent meeting of the members.
  8. Meetings of the members and meetings of the Directors generally will be conducted in accordance with Robert’s Rules of Order when not in conflict with these Bylaws.
  9. The Association must keep minutes or a similar record of the proceedings of all Membership and Board of Director meetings. A recitation in the minutes of any such meeting that notice of the meeting was properly given shall be accepted as evidence that notice was given.

Section 2. — Voting

Each member of the Association shall be entitled to one vote regardless of how many lots are owned.  In instances where property is owned or is being purchased by multiple owners, such as a husband and wife or an entity such as an LLC, only one (1) person per property may cast votes. Regardless of the number of lots or other properties owned within the area outlined in Exhibit A, a person may cast no more votes than cast by a person owning one (1) lot. There shall be no cumulative voting as further referenced in Article V, Section 2.   Votes shall be cast only in writing and may be cast in person, by absentee ballot, and by proxy.  Absentee ballots, provided by the Secretary upon request, and proxy forms must be filed with the presiding Secretary prior to the call to order of the meeting in which the vote will take place.  Proxy Voting Forms are available online at www.lakelapeer.net. Passage of each vote taken is by a simple majority of members present or voting by absentee ballot or proxy, at the meeting in which the vote is cast.

ARTICLE V – BOARD OF DIRECTORS AND MEETINGS OF DIRECTORS

Section 1.  The business, responsibilities, and property of the Association shall be managed and controlled by a Board of Directors within the limitations prescribed by the Act. Such management and control are facilitated by the processes referenced in these Bylaws, rules and regulations adopted by the Board, and systems such as a management data base. Every director must be a member of the Association and must conduct themself in a professional and ethical manner including, but not limited to, the handling of confidential information. Any director who no longer is a property owner within the area outlined in Exhibit A, has not paid dues by the deadline specified in Article X, or has been removed from the Association pursuant to Article XIV of these Bylaws immediately shall forfeit his/her director officeand such officeshall be declared vacant.If any director is absent without excuse from two successive regularly called meetings of the Directors, his/her office may be declared vacant by a majority vote of the remaining Directors and the vacancy filled in accordance with the following terms.

Directors’ terms of office shall be three (3) years. The number of Directors shall be nine (9). If a vacancy occurs on the Board during a year, the Board shall elect a person to temporarily fill that vacancy until the next Annual Meeting. If the three-year term of office of said vacancy does not expire at the next Annual Meeting, a director shall be elected by the membership at the Annual Meeting to fill the vacancy and serve the unexpired term.

Section 2.  Directors shall be members of the Association who are elected in the number needed to fill expiring terms and vacancies, as referenced above, by vote of the membership at the Annual Meeting. Each member shall have as many votes as there are vacancies with not more than one vote being cast for each candidate. Such election shall be conducted by ballot. There are no term limits for Directors. Upon election, new Directors take office effective the next meeting of the Board of Directors. Such meeting, during which the officers shall be elected pursuant to Article VII, shall be held not later than one (1) week following the Annual Meeting. Following the expiration of a Director’s term in office, all Association property should be returned at such meeting and the meeting may provide an opportunity for exiting Directors to help orient the new Board. Similarly following an officer’s term in office, whether the former officer continues as a director or not, all documents and materials that are associated with the office previously held should be provided to the successor officer at such meeting. Exiting Directors unable to attend such meeting shall promptly return to any Director all Association property and, for former officers, all documents and materials that are associated with the office previously held.

Section 3.  At any regular or special Association meeting duly called and held, any one or more of the Directors may be removed with or without cause by the affirmative vote of more than fifty percent (50%) of all members, and a successor may then and there be elected to fill the vacancy thus created, with the successor Director serving until the end of the term of the director who they replaced. Any Director whose removal has been proposed by the members shall be given an opportunity to be heard at the meeting.

Section 4.  Directors may hold in-personmeetings in such a place in the county of Lapeer or hold meetings through telecommunications (e.g., Zoom or telephone) as the majority of the Board of Directors may determine. For in-person meetings, individual Directors may participate through telecommunications provided all participants can hear and can communicate with each other and are party to necessary information. Such participationshall be arranged by the Director who wants to participate via telecommunications and shall constitute presence in person.

Section 5.  Meetings of the Board of Directors may be called at any time by the President and the Secretary or by a majority of the Directors.  Directors shall be notified electronicallyof the time, place, and purpose of all Board meetings at least three (3) days prior thereto.  Regular meetings of the Board shall be held monthly unless otherwise determined by consensus of the Directors.

In exceptional cases requiring immediate action, the presiding officer of the Association may poll all Directors by phone for a vote, and provided the action is consented to by the requisite number of Directors, the vote shall constitute valid action by the Board. The results of any vote along with the issue voted upon pursuant to this provision shall be noted in the minutes of the next Board meeting to take place.

Section 6.  Six (6) Directors shall constitute a quorum for the transaction of business at a Board of Directors meeting. If at any Board meeting there is less than a quorum present, the meeting shall be adjourned.

Section 7.  No director shall receive any salary or compensation for service as a director.

Section 8. Directors shall do the following:

  • Develop a checklist of major duties and responsibilities they perform in their role(s) on the Board (e.g., as an officer or committee member).
  • Provide that checklist to successor Directors.

ARTICLE VI – POWER OF THE BOARD OF DIRECTORS

The Board of Directors shall:

Section 1.  Manage all the business and property of the Association and represent the Association with the full power of authority to act in all things legal, subject only to restrictions or limitations imposed by these Bylaws or vote of the members.

Section 2.   Establish rules for property owned by the Association and formulate other rules for approval of the Association by vote of the membership.

Section 3.   Enforce these Bylaws, the rules and regulations of the Association, and Declarations of Restrictions.

Section 4.  To levy and collect assessments from the members and to use the proceeds thereof for the purposes of the Association in accordance with the provisions of the Governing Documents.

Section 5.  To carry insurance relative to all Association property and to collect and allocate the proceeds thereof.

Section 6.  To rebuild Association property after casualty.

Section 7.  To contract for and employ persons, firms, corporations, or other agents to assist in the management, operation, maintenance and administration of the Association, its property, the Commons Areas, and areas of responsibility set forth in the Declarations of Restrictions.

Section 8.  To establish committees as it deems necessary, convenient, or desirable and to appoint persons thereto for the purpose of implementing the administration of Association property and to delegate to the committees, or any specific Officers or Directors of the Association any functions or responsibilities which are not by law or the Governing Documents required to be performed by the Board.

Section 9.  To represent the Association on matters of Association interest before any governmental and administrative bodies, boards, and agencies.

Section 10.  In furtherance of the foregoing purposes, to enter into any kind of activity, to make and perform any contract and to exercise all powers necessary, incidental or convenient to the administration, management, maintenance, repair, replacement and operation of the community, and property under the jurisdiction of the Association.

 ARTICLE VII – OFFICERS

Section 1.  Officers shall include President, Vice President, Treasurer, and Secretary.

Section 2.  All officers shall be elected from and by the Board of Directors by a majority vote of the Directors at the first Board of Directors meeting following the Annual Meeting.

The officers shall hold office for one-year terms. Officers may be reelected to these posts any number of times. Other than a vacancy in the position of President, which is filled by the Vice President pursuant to Article VIII, Section 2., if an officer position becomes vacant the Board will elect a director to temporarily fill the vacancy until the first Board of Directors meeting following the next Annual Meeting.

Section 3.  The Board of Directors may appoint other officers and agents as it deems necessary for the transaction of business of the Association. All officers and agents shall have such authority and perform such duties in the management of the property and affairs of the Association as may be designated by the Board of Directors.

Section 4.  The Board of Directors may secure the fidelity of any officers or agents by bond or otherwise.

Section 5.  Any officer who no longer is an Association member because s/he is not a property owner within the area outlined in Exhibit A, has not paid dues by the deadline specified in Article X, or has been removed from the Association pursuant to Article XIV immediately shall be removed from office. An officer may be removed for cause by a vote of the Board. Cause shall include but not necessarily be limited to the following: not adequately fulfilling the duties of the office as specified directly below; or violating any restriction(s) in the respective Declaration of Restriction. Any officer removed for cause shall remain a director.

ARTICLE VIII – DUTIES OF OFFICERS

Section 1.  The President shall:

  1. Serve as chief executive officer of the Association taking responsibility for coordination and    management of the Association’s overall operations and resources. To optimize such coordination and management, ensure that the processes referenced in these bylaws are effectively executed and that systems such as the management database effectively meet the needs of the Secretary, Treasurer, and other Directors.
  2. Control and manage the Board’s business affairs in the recess of the Board of Directors.
  3. Have the authority to incur cost up to $1000 per issue without the approval of the Board.
  4. Preside at all meetings.
  5. With the treasurer, oversee development and execution of the annual budget of the Association  working in conjunction with the Finance Committee and Board.
  6. Perform other duties as may be delegatedby the Board.

Section 2.  The Vice President shall:

  1. Fulfill the duties of the President if the office of the President becomes vacant for any reason, in the temporary absence of the President, or if the President is unable to discharge the duties of the office as may be determined by the President or Board of Directors.

  B.   Perform other duties as may be delegated by thePresident or Board.

Section 3.  The Treasurer shall:

  1. Keep account of all funds of the Association.
  2. File, on a timely basis, tax returns and the Annual Report required by PA 162.
  3. Render accounts and present financial reports to the Board at each Board meeting and to themembers at each membership meeting. Provide financialstatements including monthly bank statementsto the President and other directors on the Cloud on a view-only basis and/or as otherwise directed by the President or Board.
  4. Deposit, on a timely basis, all Association funds in bank accounts in the name of the Association. Keep bank accounts and books current and provide any Director with access to information noton the Cloud upon his/ her request. Such access shall be on a view-only basis.
  5. Pay out money, on a timely basis not later than due dates,as the Association may require upon the order of the President, subject to limitation as specified below in Section 5, or upon the order of the Board of Directors. The Board shall have the power, by resolution, to require that all checks, vouchers, and other paperwork regarding Association business be countersigned by another director.
  6. With the President, oversee development and execution of the annual budget of the Association working in conjunction with the Finance Committee and Board.
  7. Maintain the management database, collaborating with the Secretary, to meet the needs of the Treasurer, Secretary, and other Directors. This database, which minimally shall include a membership list/file with names and addresses of each member, is available to all other Directors on a view-only basis.
  8. Administer the process for placing liens on property in accord with the Declarations of Restrictions.
  9. Perform other duties as may be delegated by the President or Board.

Section 4. The Secretary shall:

  1. Take and maintain minutes of all meetings of the members and meetings of the Board of Directors.
  2. Coordinate and oversee the distribution and receipt of all official notices of the Association.
  3. Post the Association membership list at every membership meeting so that it is available for viewing by all members during the entire meeting. Such list shall include the names of every Association member arranged alphabetically and their address.
  4. Sign with the President or Vice President, in the name of the Association, contracts authorized by the Board of Directors and when necessary, affix the corporate seal thereto.
  5. Collaborate with the Treasurer to ensure that the Board’s management database effectively generates mailing labels and otherwise meets the needs of the Secretary.
  6. Perform other dutiesas may be delegated by the President or Board.

Section 5.  By resolution of the Board, the duties of all officers are subject to limitation, modification and/or may be delegated to anyother director.

ARTICLE IX – COMMITTEES AND LAKE IMPROVEMENT BOARD

Section 1.  Standing committees shall be appointed by the President as follow:

Boater Safety and Water Quality

The committee works to promote safe boating practices and water quality. To promote boater safety, the committee is responsible for such things as buoy management and scheduling annual Boater Safety Classes through the Marine Division of the Lapeer County Sheriff’s Department. Also, the committee monitors water quality, working with the State of Michigan Water Resources Division and other resources if necessary, and documents changes in quality over time. The committee recommends to the Board of Directors proactive and responsive actions pertaining to water quality as needed.

Communications

The committee coordinates and oversees all written communications of the Association. This includes branding, design, and content of the following: website; social media; newsletters; dues letter/invoice; signage;and Association emails. The committee assesses communication needs and mechanisms to identify adequacy, deficiencies, and improvement opportunities.

Finance

The committee reviews and oversees all financial matters of the Association and provides guidance to the Treasurer and Board of Directors as needed. The Finance Committee is responsible for reporting to the Board after each Finance Committee meeting and for ensuring that Associationbooks are audited annually.

Fireworks

The committee plans for the annual Association fireworks show including but not limited to contracting with a professional fireworks company, verifying that necessary permits are obtained, ensuring that said company possesses adequate liability insurance, verifying that the Association has obtained adequate special event liability insurance, providing for safe boating practices at the time of the show working in cooperation with other committees of the Board of Directors as appropriate.

Fish

The committee manages fish stocking by recommending to the Board of Directors what fish should be planted, when fish should be planted, necessary funds to be budgeted for planting fish. The committee also arranges for planting fish, as authorized by the Board, and oversees the fish planting process.

Maintenance/Dam Safety

The committee oversees the maintenance of all property owned by the Association (e.g., Access Lot, Boat Launch,Dam Area, two small islands)and works directly with the Lapeer County Drain Commissioner, as needed, regarding dam safety and lake level management.

Municipal

The committee assists the Board of Directors in planning of civic improvements and interacting with federal, state, and local government agencies unless the President determines that another committee will do so. Any questions or concerns regarding potential violation of these Bylaws, a Declaration of Restrictions, or a rule/regulation of the Association should be directed to the Municipal Committee. This committee reviews and recommends to the Board the approval or disapproval of residential building plans submitted by members of the Association as required by Article XIII.

Neighborhood Watch

The committee coordinates activities that are designed to bring Lake Lapeer neighbors together to maintain a safe, friendly, active, and better-connected community. One ongoing activity is to personally welcome new residents to the community and provide them with Welcome Packets.  

Section 2.  The Board of Directors may take action toappoint other standing committees and special committees as well as take action to alter the responsibilities of any committee or eliminate any committee.

Section 3.  Committee chairs shall be appointed by the President. Committee chairs report to the President and are responsible to the Board of Directors. Committee chairs who are not Directors shall be members of the Association and shall attend Board meetings when requested.

Section 4.  The Lake Improvement Board is separate from and independent of the Lake Lapeer Association. However,  the Board of Directors shall recommend at least one Association member and may recommend up to three Association members to serve as representative of the Association on the Lake Improvement Board whenever the Association representative’s term in office expires or said office otherwise becomes vacant. The Lake ImprovementBoard selects one such recommended personto serve on the Lake ImprovementBoard. This representative will inform the Board of Directors, on a regular and timely basis, of Lake Improvement Board plans.

Section 5.  Any Association member may be appointed to a committee or may be recommended to serve on the Lake Improvement Board.

ARTICLE X – FINANCE, DUES AND MAINTENANCE FEES

Section 1.  Finance

  1. The fiscal year of the Association shall commence January 1 and shall continue through December 31 of the same year.
  2. The Treasurer and President shall oversee development and execution of the Association’s budget.
  3. The Treasurer shall provide biannual updates to the Board of Directors, one in January and one in July, regarding the status of the fiscal year budget. Each such update will include the monthly Treasurer’s Report and additional information such as follows:
  4. The January update will include prior year-end data including an assessment of spending level within each budget line item (i.e., amount of overspending or underspending) and a history of the year-end change in General Fund Balance.
  5. The July update will include information pertaining to development of the subsequent year budget.   
  6. The amount of annual membership dues for each subsequent year shall be determined by the        Board in August of each year. The dues shall support a budget designed to carry out

operations of the Association in a thorough and efficient manner while properly maintaining Association property. The Board shall reserve a General Fund Balance primarily to cover large expenses that are indeterminable at the time of budget approval (e.g., emergency maintenance; legal expenses pertaining to enforcement of provisions of these bylaws and restrictive covenants). A General Fund Balance also is maintained to handle cash flow from the beginning of the fiscal year January 1 until membership dues are received as late as May 1. The Board shall establish by resolution the target General Fund Balance.    

  • The annual budget of the Association shall be approved by the Board of Directors and shall be      presented to the membership for reviewat the Annual Meeting. The budget shall include the following: annual membership dues, established by the Board of Directors, and income from annual membership dues; proposed special assessment(s), if any, and income from special assessment(s), if any; income from maintenance fees; maintenance expenses; special assessment project expenses, if any; and other budgeted expenses.

During the annual meeting the membership shall vote in person, by absentee ballot, or by proxy on the amount of special assessment(s), if any. A copy of the budget and, upon request, an absentee ballot shall be provided in writing (e.g., U.S. Mail or email) to each member at least ten (10) and not more than sixty (60)days prior to the Annual Meeting.

  • The Finance Committee of the Board shall audit the books of the Association following the end of the fiscal year, and the committee shall review its findings with the Board of Directors. The Finance Committee, the Board, or a majority vote of the membership may determine that the books shall be audited by an independent outside accountant or other independent outside person qualified to perform such an audit.

Section 2. Annual Dues, Maintenance Fees, Special Assessments, and Other Funds

  1. Annual dues and maintenance fees shall be accounted for separately in the General Fund. Special assessments, if any, are voted on by the membershipand are collected for specific projects (e.g., fish planting). Because the Amended Supplemental Declaration of Restrictions restrict use of the Access Lot on Woodland Drive to owners of property in Estates #4 and #5 “not owning lakefront parcels of land,” any improvements to the Access Lot shall be by special assessment voted on and paid exclusively by said owners unless otherwise determined by the Board. Income and expenditure relatingto special assessmentsshall be accounted for separately and outside the General Fund with expenditures for such projects not to exceed the total income generated from the specialassessment. Fireworks funds, if any, are generated through voluntary donations and shall be accounted for separately and outside theGeneral Fund. Neighborhood Watch funds are a combination of event participation fees, fundraisers, and budgeted expenditure of the Board, if needed. Neighborhood Watch funds shall be accounted for separately and outside the General Fund.
  2. Annual dues are to be paid by May 1. However, if a new property owner takes occupancy after the previous property owner paid the annual dues for the current fiscal year, the new property owner shall have satisfied the dues requirement specified in Article III, Section 1., B. until May 1 of the subsequent fiscal year, and such new property owner shall be considered a member of the Association if all other membership requirements specified in Article III, Section 1. are met. When there are multiple owners or multiple purchasers of property, only one annual dues shall be paid. Also, when multiple properties are owned or being purchased, only one annual dues shall be paid. Pursuant to the Declarations of Restrictions, maintenance fees “shall be payable on the first day of Januaryeach year” and are assessed per each lot, which is different than how the annualdues are assessed in the Association.  However, to align with the collection of annual dues, maintenance fees are not considered late from the period of January 1 until May 1.  Any member of the Association who fails to make payment of annual dues and maintenance fee, if any, by such deadline shall no longer be a member as of May 2.  Pursuant to the Declarations of Restriction,liens shall be placed on the properties of anyonewho is delinquent in paying the maintenance fee.

ARTICLE XI– DEBT LIMITATION

The Association shall be precluded from becoming indebted without the approval of a majority of the membership.

ARTICLE XII – PRIVATE RESTRICTIONS

The Association is responsible for the administration and enforcement of the restrictions contained in the Declarations of Restrictions recorded against properties in Exhibit A. No property in the Association shall be used for purposes other than single-family residential purposes.

ARTICLE XIII – BUILDING APPROVAL/STANDARDS

BUILDING APPROVAL

As referenced in the Declarations of Restrictions and as otherwise pertaining to any properties subject to jurisdiction of the Association, no building, addition to a building, or structure shall be erected, constructed or placed upon any lot unless there shall have been first submitted to and approved in writing by the Association Board of Directors plans and specifications for such building or structure and a plot plan showing the location and grades of all buildings and structures. Such written plans shall be submitted by property owners for review by the Municipal Committee subject to approval by the Board prior to breaking ground. Such plans shall include soil erosion permit, site plan, and building plan. A colored rendering of the exterior is requested, but if one is not available a description of the exterior colors shall be required. Declarations of Restrictions, if any, shall be followed regarding all building standards specified therein.

BUILDING STANDARDS

The following building standards apply to both new construction projects and exterior remodeling/alteration of existing structures on every property within the jurisdiction of the Association. Such standards do not apply to routine repair or replacement projects that do not alter the size or shape of the structure (e.g., roof shingles, siding, window replacement).

  1. Lake Sight Lines/Aesthetics: To preserve neighbors’ view of the lake and to maintain aesthetics around the lake, planned construction of a structure greater than three (3) feet in height between the rear lot line or water’s edge and the main residence must be submitted to the Municipal Committee and must be approved by the Board of Directors prior to construction.
  2. Traditional and customary external colors shall be used that are consistent with other buildings and structures in the neighborhood.
  3. Other building standards as specified in a Declaration of Restrictions or as adopted by the Board and communicated to members.

MOBILE HOMES/TEMPORARY STRUCTURES

No mobile home may occupy any property within the Association (the area outlined in Exhibit A). Also, no mobile living accommodations such as a motorhome, trailer, or camping tent shall be occupied on any property at any time either temporarily or permanently other than for occasional overnight camping.

COMMUNITY STANDARDS

  1. The Association endeavors to cooperate with Elba Township and Hadley Township to ensure that Lake Lapeer area residents adhere to and comply with the zoning ordinances established and published by the respective Township in which they live.
  2. In addition to the same, no building plot or lot, whether a house or other structure is on it, may be used as a dumping ground for rubbish of any kind. Also, no building plot or lot may be used for the storage of materials, except for such materials as are necessary for use during ongoing construction.
  3. Other community standards that address community interests may be adoptedby the Board and communicated to members.

ARTICLE XIV – ENFORCEMENT

Failure to comply with all provisions within these Bylaws or the restrictive covenants may result in further enforcement action by the Board, including, but not limited to, revocation of a member’s membership for as long as the violation exists, entry of a court order to stop construction or to remove a noncompliant structure, or other remedies provided for in the Governing Documents or by statute.  

ARTICLE XV – LIABILITY INSURANCE AND INDEMNIFICATION

The Association maintains General Liability Insurance and Directors and Officers Liability Insurance. Directors and Officers Insurance shall cover the Association’s officers, other Directors, and committee members of the Association if they acted (or refrained from acting) in good faith and in a manner the person reasonably believed to be in or not opposed to the Association’s best interest and if the person had no reasonable cause to believe the conduct was unlawful the Association will, to the fullest extent permitted by law, indemnify such person who was or is a party or is threatened to be made a party to a threatened, pending, completed action, suit or proceeding by reason of fact that the person is or was a director, officer, or committee member of the Association. Such indemnification shall include such expenses as attorneys’ fees, judgments, penalties, fines, and amounts paid in settlement actually and reasonably incurred by the person in connection with said action, suit, or proceeding.

ARTICLE XVI – KEYHOLE DEVELOPMENT

Keyhole development shall not be permitted on properties that are subject to jurisdiction of the Association. Keyhole development is the use of a waterfront lot as common open space for waterfront access. This results in greater use than would normally occur if the lot were used for its intended use, single family residence. As surface water use increases, so does the potential for safety concerns from congestion, shore erosion from speed boats, loss of property values, oil and gas spillage from powerboats, increased noise, and increased lake maintenance costs. When keyhole development occurs, such threats become much greater by increasing off-lake residents’ access to lake frontage. This form of development is prohibited in the interest of preserving the water quality; protecting the public health, safety, and welfare; and preserving the lake and shoreline character of Lake Lapeer. Right of access only applies to off-lakeproperty within the Association boundaries that had right of access to the lake as of May 16, 2023.

ARTICLE XVII – COMPLIANCE WITH BYLAWS AND RESTRICTIVE COVENANTS

Failure to comply with all provisions of these Bylaws or the restrictive covenants may result in action by the Association, which may include without limiting the same, an action to recover sums due for damages, injunctive relief, foreclosure of lien, removal of a noncompliant structure, or any combination of the foregoing. In any such action, the Association shall be entitled to recover from any owner its fees and costs incurred obtaining their compliance, including actual costs and legal fees incurred by the Association in investigating and seeking legal advice concerning violations and actual costs and legal fees incurred in any court proceedings.

ARTICLE XVIII – AMENDMENTS TO BYLAWS

These bylaws may be amended or repealed by a majority vote of the members present at the membership meeting (regular or special) during which said vote is taken.  Voting shall be in person, by absentee ballot, or by proxy. A copy of the proposed revisions must be provided in writing (e.g., U.S. Mail or email) to each Association member at least twenty (20) days prior to the meeting at which the vote will be taken.

Bylaws adopted: May 16, 2023