BY-LAWS OF
FRANKLIN KNOLLS HOMEOWNERS ASSOCIATION, INC.
ARTICLE I
NAME, LOCATION AND PURPOSE
Section 1.
The name of this Association is Franklin Knolls Homeowners Association, Inc. with its principle address at 32000 Shrewsbury, City of Farmington Hills, County of Oakland, State of Michigan.
Section 2.
The purpose of this Association is to promote the health, safety and welfare of its membership and to preserve and safeguard the real and personal property, joint and common, contained in Franklin Knolls Subdivisions 1 and 2.
ARTICLE II
POWERS
Section 1.
All of the corporate powers of this Association shall be vested in the membership thereof, except as provided herein.
Section 2.
Consonant with the purpose stated in Article I, herein, the Association shall have the power to:
A. Maintain and improve community property owned by the Association and make every effort to encourage proper maintenance and improvement of public and private property within adjacent to the subdivision.
B. Represent its membership before public and private organizational governing bodies.
C. Encourage and sponsor social, cultural and educational activities for its membership.
D. Inform its membership on matters of common interest.
E. Enforce subdivision deed building and use restriction.
F. Promote goodwill within the membership and the larger community.
G. Carry out activities and programs for the good of this Association and its membership.
H. Make such assessments as necessary in order to maintain the water supply to the Members of the Association.
I. Enforce collection of the assessment and/or service fees for the maintenance of the water supply as necessary, including water shut off to the Member.
Section 3.
No specific powers conferred herein shall operate to restrict the Association to act within the general powers conferred herein for the good of the membership.
ARTICLE III
MEMBERSHIP
Section 1. Qualification
One membership in this Association shall be allowed to the owner or owners of each numbered lot in Franklin Knolls Subdivision 1 and 2 in the city of Farmington Hills in Oakland County, Michigan.
Section 2. Default
All service fees and assessments levied shall be due and payable at such times as the Association shall determine. The payment of any such service charges or assessments, as the case may be, shall be in default if such service fees or assessments, or any part thereof, is not paid to the Association in full on or before the due date for such payment.
Section 3. Suspension of Membership
Membership shall be automatically suspended for failure to pay the assessments and/or service charges established by the Association, when the same shall be in default for a period of ninety (90) days. A member in default for 90 days shall not be entitled to vote at any meeting of the Association as long as such default continues.
Section 4. Reinstatement of Membership
Membership, when suspended under Section 3 of this Article, shall be automatically reinstated upon payment of arrearage, assessments, and/or service charges, together with interest of one and one half percent (1 ½%) per month, on the unpaid balance. Prior to reinstatement, the member shall also be responsible for and pay all water shut-off fees necessitated by the non-payment of the assessment and/or service charge, as well as pay for all the fees to reinstate the water service, if these costs were incurred.
Section 5. Liens
The Association may enforce collection of any assessment(s) and/or service charges that are delinquent by suit at law for a money judgment or by foreclosure of the lien securing payment in the same manner that real estate mortgages may be foreclosed by action under Michigan law. The expenses incurred in collecting unpaid assessments and/or service charges including interest, costs and attorney’s fees or any other costs paid by the Association to protect its lien, shall be chargeable to the member in default, and shall be secured by a lien on the subject property. The Board of Directors shall have the power to file a lien, recorded with the Register of Deeds of Oakland County, against any lot which becomes delinquent in the payment of assessment(s) and/or service fees owed to the association 90 days after such service fees become due and payable. The Board of Directors, within a reasonable time, shall also file a discharge of lien after any such delinquencies are paid. The recording fees for filing the liens and the discharge of liens, shall be included in the sum due the association, and shall be paid before the discharge of the lien is filed.
Section 6. Service Charges
Service Charges for the supply and maintenance of the water supply and other operating expenses shall be recommended by the Board of Directors and approved by a two thirds (2/3) vote at a properly constituted meeting of the membership with prior notice.
Section 7. Fiscal Year
The fiscal year of the Corporation shall end on September 30th of each year.
ARTICLE IV
MEETINGS OF MEMBERSHIP
Section 1. Annual Meeting
The annual meeting of the membership shall be held in November each year at 7:00 P.M. on a date to be set by the Board of Directors, the purpose of which shall be: (1) The nomination of candidates for election to the Board of Directors of the Association and (2) The approval of the budget for the current fiscal year. A written financial statement for the previous fiscal year and the proposed budget for the current fiscal year shall be mailed to the membership with the notice of the meeting. A majority vote of members present at the meeting shall be required for approval of the proposed budget.
Section 2. Meetings
Meetings of membership may be held at such times as ordered by the Board of Directors, or may be called by an officer of the Association upon the submission of a request in writing signed by ten (10) percent of the membership. A written summary of actions taken at these meetings shall be delivered to the membership within thirty (30) days following such assembly. Meetings for the purpose of voting in any Association business must be held in Oakland County.
Section 3. Notice of Meetings
Written notice of all meetings of the membership shall be delivered to the entire membership at least ten (10) days prior to the date of such meeting. Notice for each meeting shall specify the purpose of the meeting.
Section 4. Voting
Each membership in good standing shall be entitled to one (1) vote on all matters brought for vote before meetings of the membership. Said votes may be cast by the lot owner or owners holding a membership or by a duly appointed representative, whose authority shall be in writing.
Section 5. Quorum
Fifteen (15) percent of the membership in good standing shall constitute a quorum for all meetings of the membership.
Section 6. Parliamentary Authority
“Robert’s Rules of Order” (latest edition) shall govern the Association in all cases where it is applicable.
ARTICLE V
BOARD OF DIRECTORS
Section 1. Governing Body
All authority for governing this Association shall be vested in a Board of Directors, except those powers specifically exempted herein. This Board shall be elected in the manner specified in this Article and shall consist of four officers (a President, a Vice-President, a Secretary and a Treasurer) and five Members-at-Large, who shall be members of this Association.
Section 2. Term of Office
Directors shall serve for a term of office from the date of their election until the next election. Officersshall automatically become Members-at-Large of the Board for the term of office following their elected term, except when such an officer shall accept the nomination for any office. Such acceptance shall be deemed automatic resignation as a Member-at-Large of the Board.
Section 3. Election
A. The President shall appoint a Nominations Committee at least ninety (90) days prior to the November annual meeting. Such committee shall consist of three persons who hold membership, one of whom shall be a Director.
B. The Nominations Committee shall submit its nominations at the November annual meeting to include a nomination for each officer and Member-at-Large position to be filled. At the same meeting, nominations shall be accepted from any member in good standing that is in attendance. The consent of each nominee is required in advance.
C. Election of Directors shall be held at the Annual meeting. In the event that additional nominees arise from the floor at that meeting, the Ballot Committee shall prepare a ballot as described below.
D. The Nominations Committee shall then prepare a ballot listing all nominees, and shall one (1) ballot for each membership to be delivered to each member’s residence within fourteen (14) days following the November Annual Meeting. Accompanying each ballot shall be one smaller ballot envelope, and a large mailing envelope. That envelope, which will enclose the ballot in the smaller envelope, shall be pre-addressed to the Nominations Committee and pre-numbered with the individual member’s lot number.
A Ballot Committee consisting of three (3) non-candidate, non-Board members shall be appointed by the President at the November meeting to handle election results tabulating and reporting as required.
All ballots are to be retained by the Secretary-elect for ninety (90) days following this Board meeting.
Section 4. Vacancies
In the event of a vacancy for any officer or Member-at-Large position, the President shall appoint a replacement from among the membership of the Association, subject to majority approval of the Board.
Section 5. Board meeting and notice
Members of the Board may be called at any time by the President, or any two Directors after notifying the President. All Directors must be notified of each meeting in advance. A quorum shall consist of one more than half of the total number of Directors. Persons holding memberships in the Association, on prior request to the President, may attend Board meetings, but they may not vote.
Section 6. Commissioners
The Board may elect Commissioners for specific activities of the Association. Commissioners shall be non-voting members of the Board, and shall not be counted in determining the quorum for the Board. Commissioners’ compensation shall be confirmed with a majority vote at a meeting of the membership.
Section 7. Powers and duties
A. The Board shall be authorized to receive and dispense monies for the Association as provided herein. Any unbudgeted expenditures that exceed $1000.00, except emergency water system maintenance, must be approved by a majority vote at a meeting of the membership.
B. The Board shall enact and enforce any and all rules and regulations for the purpose of promoting the health, welfare and general good of the Association, except as otherwise provided herein.
C. The Board shall retain adequate insurance on property belonging to the Association and cause to be provided a bond covering any and all persons who will be custodian of money and securities for the Association.
D. The Board is herein empowered to determine the necessity to assess and collect special assessments pertaining to the water system by a two-thirds (2/3) vote without prior authorization from the members. Any and all other special assessments shall require the approval of two thirds (2/3) of the membership present at any general or special meeting with prior notice.
E. Upon any delinquency in payment of any assessment or service fee, which delinquency in payment exceeds six (6) months, the Board is empowered to retain the services of a contactor to shut off the water to the Member’s property. Prior to the shut off of the water to the Member’s property, written notice explaining to the Member that the water shut off shall occur, shall be sent at least forty-five days prior to the shut off of water. The Board shall hold a hearing relating to the shut off of water, only if the Member sends written notice to the Board which notice shall include all reason(s) why the shut off of water should not occur.
ARTICLE VI
OFFICERS AND BOARD MEMBERS-AT-LARGE
Section 1. President
The President shall (1) preside at all meetings of the membership and the Board, (2) sign the records thereof, and (3) perform all other duties pertaining to the office and those duties required by the Board. The President shall appoint standing and special committees with the approval of the Board.
Section 2. Vice-President
The Vice-President shall (1) perform the duties of the President in the event that the President is absent or disabled, or the office is vacant, and (2) perform those duties required by the Board, and (3) be Parliamentarian for the Association to assure that the Associations business is conducted according to the by-laws.
Section 3. Secretary
The Secretary shall (1) keep a record of all proceedings of the meetings of the membership and of the Board, (2) keep a current record of memberships, (3) attest instruments of the Association requiring attestation, (4) give notices to the membership and Directors as required, and (5) perform all other duties pertaining to the office and those duties required by the Board.
Section 4. Treasurer
The Treasurer shall (1) supervise the finances of the Association, (2) pay budgeted items and other items up to one hundred ($100) dollars without board approval, (3) collect dues and/or service charges, (4) furnish the Board with an accurate statement of the finances as requested by the Board, (5) prepare and cause to be delivered to the Membership before the November annual meeting a written audited financial statement for the previous fiscal year and a complete budget proposal for the current fiscal year and (6) perform all other duties pertaining to the office, and those duties required by the Board.
Section 5. Compensation
Directors, except the Secretary and Treasurer, may not receive compensation for services. Secretary and Treasurer compensation is subject to majority approval at a meeting of the membership.
Section 6. Removal
A Director may be removed or recalled from office after (1) charges are brought against him at a Board meeting and (2) majority vote of the membership favoring removal is recorded at a subsequent meeting of the membership. The Board shall have the right to suspend any Director pending results of a recall vote.
ARTICLE VII
AMENDMENTS
These By-laws may be altered, amended or repealed only by the membership of the Association. Changes in the By-laws may be proposed by a majority vote of the Board or by submission of proposed, written changes signed by six (6) lot owners holding memberships. The Secretary shall cause the proposed changes to be delivered in writing to the membership, with an announcement of a meeting date and time for consideration of the revisions. A two-thirds (2/3) vote at that meeting is necessary for approval of the changes.
By-law revisions as presented herein proposed by the By-laws Committee and approved by the Board of Franklin Knolls Homeowners Association, Inc. on September 15, 2009.
Richard Wagner
Chairman
Committee members:
Leo Operti
Richard Levinson
By-Laws revised April 13, 2010 by a
vote of the General Membership
Franklin Knolls HomeOwners Association 