By-Laws of Detroit Beach Association, Inc.
Revised after Annual Election
July 20, 2008
Article I
This Association, known as Detroit Beach Association, Inc., shall maintain an office located at Detroit Beach, 2977 Fifth Street, PO Box 176, Monroe, Michigan, 48162.
The first annual meeting of said Association shall be held on September 2, 1950, at 8:00 pm at the clubhouse, notice of which shall be sent to each lot owner or lot owners at least ten (10) days in advance. At this meeting the election of nine (9) Trustees shall be held, three of said Trustees to be elected for the term of one year. Any other business which may come before the lot owners as a whole shall also be transacted.
All subsequent annual meetings shall be held on the third Saturday in the month of July, and notice of said meeting shall be sent to each lot owner(s) at least ten (10) days in advance.
Election of three (3) Trustees shall take place from 1pm to 5 pm on this day, with a general meeting at 8:00 pm at the Detroit Beach office. At said annual meeting the annual report will be read, the budget for the ensuing year will be presented, and any other business transacted which may come before the lot owners as a whole. A financial statement for the past year and a proposed budget for the ensuing year shall be sent to the lot owners, wither with the aforesaid notice, or at such other time as the Trustees may, by majority vote, determine.
The Trustees shall meet within ten (10) days after the Annual Meeting for the purpose of organizing and electing their officers, who shall consist of a President, Vice-President, Secretary and Treasurer, and hold office of one year, or until their successors are elected. If a trustee resigns during their three year term, the candidate appointed/elected by the Board of Trustees shall only fulfill the remainder of the resigning trustee’s term. Any Trustee failing to attend three consecutive scheduled meetings, without prior Board approval, will automatically be removed from the position of Trustee he/she hold. The Trustees will also meet upon the fourth (4th) Saturday of each and every month for the purpose of transacting any business that may come before them. At this and all meetings of the Board of Trustees, the order of business shall be as follows:
Call to order
Roll call of officers
Roll call of Board which shall be in the order they are elected
Reading of minutes of last meeting
Reports of Committees
Unfinished business
New business
For good of Association
Adjournment
In addition to current requirements of this article, any Trustee failing to attend three consecutive scheduled meetings, without prior Board approval, will automatically be removed from the position as Trustee he/she holds.
Article II
Duties of Officers
President
The President shall preside at all meetings of lot owners and Trustees. He/She shall have general supervision of all other officers, and see that all resolutions and orders of the Board of Trustees are carried into effect, and perform such other duties as may be required by law, these by-laws and the Board of Trustees. He/She shall sign all checks of the Association, together with the Treasurer. He/She shall sign, together with the Secretary, all contracts, and other documents that may be authorized by the Board of Trustees. He/She shall appoint the following standing committees:
Law and Order
Grounds and Building
Finance and Auditing
And such other special committees as may be necessary, subject to the approval of the Board. The duties of these respective committees shall be in accordance with SCHEDULE A attached hereto and made a part hereof.
Vice President
The duties of the Vice President shall be to act for and in place of the President in her/her absence, and he/she shall be vested with the same powers and authority when so acting.
Secretary
The Secretary shall keep the minutes of all meetings of lot owners and the Board of Trustees, in a permanent Minute Book, provided by the Association for the purpose. He/She shall give, or cause to be given, notice of all meetings of the lot owners and Board of Trustees, and all other notices required by law, or by these by-laws. He/She shall take care of all correspondence required, and shall file and keep copies of all correspondence for future reference, and perform such other duties as may be prescribed by the Board of Trustees, or the President. He/She shall be custodian of the official seal, all contracts, insurance papers or other documents of value, and he/she shall see that they are kept in a safe and secure place. At the expiration of his/her term, the Secretary shall deliver all of the books, records and other documents pertaining to the Association, which he/she has in his/her possession, to his/her successor in office, or to the Board of Trustees.
Treasurer
The duties of the Treasurer shall be to keep full and accurate accounts of all receipts and disbursements in books belonging to the Association, and he/she shall deposit all money and other valuable effects in its name and to its credit in such depositories as may be designated by the Board of Trustees. He/She shall disburse the funds of the Association, as may be ordered by the Board of Trustees by check, signed by himself/herself and countersigned by the President, taking proper vouchers therefore and he/she shall render to the President and the Board of Trustees at their regular meetings, or whenever they may require, an account of all his/her transactions, and of the financial condition of the Association, and he/she shall prepare an annual statement showing the revenues derived from all sources, and an itemized statement showing all of the disbursements for the benefit of all lot owners. He/She shall be required to furnish a bond in an amount as fixed by the Board of Trustees for the faithful performance of these duties, the expense of which shall be paid for by the Association.
In the absence of any officer of the Board of Trustees, or for any reason that the Board may deem sufficient, the Board of Trustees may delegate the powers of duties of such officers to any Trustee, provided a majority of the entire Board concurs therewith.
Article III
Management and Use of Clubhouse and Common Property
Section A
The management of the Clubhouse and common property shall be under the supervision of the person or persons designated by the Board of Trustees. The duties of any Manager or employee that may be employed by the Association shall be in accordance with the instructions of the President and the Chairman of the standing committees, subject to the approval of the Board.
Section B
The names of all members of all committees shall be posted in a prominent place in the Clubhouse.
Section C
No intoxicating liquors will be allowed in the Clubhouse or upon the common property at any time, and any person, whether lot owners, members of lot owners’ family, or guests, violating this by-law may be required to leave the Clubhouse and grounds immediately.
Section D
The Board of Trustees of said Association shall have full and complete power and authority to make such rules and regulations regarding the management and use of the Clubhouse and common property as the majority of said Board of Trustees feel is necessary for the good of the Association and the lot owners.
Article IV
Should any lot owner violate the constitutional provision that the use of the Clubhouse and common property shall not be for private gain, said lot owner will forfeit his or her right to such privilege for the balance of the current year.
Article V
No property or equipment belonging to the Association shall be taken from or used outside of the Association, nor shall any tables, benches or other equipment be removed from the park or other commonly owned property.
Article VI
When any lot owner or owners desire to build upon his or her lot, they shall first submit plans to Frenchtown Township for approval and building permit. The Association may contest any approval. Frenchtown Township should notify the Association of any applications.
Article VII
No dogs shall be allowed to run at large upon the property at any time.
Article VIII
The purpose or purposes of which this Corporation is formed are as follows:
Whereas, Detroit Beach Plat, Detroit Beach Plat No. 1, Detroit Beach Estates, Detroit Beach Plat No. 3, Supervisor’s Plat of Detroit Beach, and Monrona Beach Plat are all essentially residence properties in which there are at the present time upwards of one thousand six hundred lot owners, and
Whereas, there was conveyed or contracted to be conveyed with every lot sold in said subdivisions, a common right in the parks, club house, beaches and highways, and
Whereas, this common right has always been considered and is hereby declared to be an essential part of the value of every lot owner’s interest in said subdivisions.
Now, therefore, the purpose or purposes for which this Corporation is formed are hereby declared to be to establish a Government for said subdivisions for a perpetual period from and after the date of the adoption of these Articles of Association. During said perpetual period, no lot owner in said Subdivisions shall have the right to have his/her interest in the common property thereof set aside, admeasured or in any manner separated from the whole, and no lot owner during said period shall have the right to sell, assign, convey, mortgage, place or cause to be placed any lien of whatsoever name or nature on his, her and/or their interest in the common property in said subdivision, PROVIDED ALWAYS, this shall not prevent the transfer of said common right in conjunction with the transfer of any lot, for the use and benefit of successive owners of any lot.
To the end that the above purpose may be achieved, no lot owner shall have the right to a dissolution of the common interest, by legal proceedings or otherwise, during the said period of thirty years. The aforesaid restriction is made for the purpose of preventing the destruction or dissolution of the whole structure by any one lot owner or any group of lot owners.
While recognizing the right of any lot owner to take such legal proceedings as the circumstances may warrant for the securing of protection of such lot owner’s legal rights in this Corporation and of the conditions of such lot owner’s deed or contract of purchase, it is expressly provided that no lot owner or group of lot owners shall have the right to dissolve by Court proceedings or otherwise the whole structure, except by a majority vote of all of the lot owners, each lot in said subdivisions being entitled to one vote.
Article IX
The qualifications necessary for a person to hold the office of Trustee shall be as follows:
Each candidate shall own a lawful interest in a lot in any of the aforesaid subdivisions, either of record in the office of the Register of Deeds in and for Monroe County, Michigan, or in a contract of purchase of a lot in any of said subdivisions. The words "lawful interest" shall be construed as meaning such an interest as meets the requirements of the covenants, restrictions and conditions to which allots in said subdivisions are subject, and in no case shall any candidate own his/her interest in any lot with more than one other person.
Each candidate must have all assessments on any and all lots in which he/she has an interest paid in full, and he/she must be in good standing insofar as assessments are concerned.
Each Officer and Trustee of the Detroit Beach Association Board shall own a lawful interest in a lot of any aforesaid subdivisions and reside within the confines of Detroit Beach.
Each candidate for Trustee must have never been previously dismissed from a trustee position with this association board for misrepresentation or misconduct.
Article X
The maximum annual assessment per lot in said subdivisions is now $.50 per frontage foot of each lot; frontage to be determined by the direction the house faces the street. Corner lots shall be measured only on the street that the other houses normally face on the street, and the owner shall only pay assessments for one frontage per lot. A change in said assessment may be proposed by the Board of Trustees must, before becoming effective, be approved by a majority of lot owners present at any annual meeting; The said Trustees are hereby empowered to make assessments in accordance with this article, which unpaid assessments shall thereafter be placed a lien on the lot or lots so assessed and may be enforced by appropriate action in equity.
In addition, a 30% service charge will be added annually to all delinquent assessment accounts, and the charge to put a lien on or remove a lien from any lots will be $50.
Article XI
Said Board of Trustees shall have no power to in any manner bind or obligate the privately owned lots in said Subdivisions beyond the assessment which may be levied. The rights of any third person, firm or corporation dealing with said Board of Trustees, is hereby expressly limited to the assessment which may be annually levied.
Article XII
On all propositions affecting said Subdivisions submitted to all owners, including the adoption and any subsequent addition or amendment to these Articles of Incorporation, each lot owner shall have one vote. Rules and regulations governing meetings and election may be promulgated by the Board of Trustees; provided always that they shall not be in conflict with the provisions of these Articles of Incorporation or in conflict with the by-laws of said Association.
Article XIII
The Board of Trustees shall have no power, without the approval of four-fifths of all of the lot owners, to give any property in said subdivision. As hereinbefore stated, each lot owner shall be entitled to one vote.
Article XIV
The Trustees shall have no power to sell and dispose of any of the now commonly owned real property without the approval of four-fifths of all of the lot owners in writing. As hereinbefore provided, each lot owner shall be entitled to one vote.
Article XV
The Board of Trustees is hereby given power, within the limits of the sources of its funds, to purchase real estate in the name of Detroit Beach Association, Inc., sell the same, invest and reinvest the proceeds, and do every other act and thing necessary in the judgment of two-thirds of said Trustees in connection therewith.
Article XVI
The Trustees are empowered to take over the management and control of said Subdivisions from the present Trustee on such terms and conditions as may be approved by a majority of said Trustees.
Article XVII
Wherever in these Articles of Incorporation reference is made to a majority of the lot owners or any other percentage of lot owners required to act on any proposition, the language is to be construed so that no lot owner carries the right of more than one vote.
Article XVIII
No lot owners or group of lot owners shall be permitted to use the Clubhouse or other commonly owned facilities for private gain.
Article XIX
There shall be an annual meeting of the lot owners as provided by the by-laws of said Association. Not less than ten days notice in writing shall be given to all lot owners of said meeting. Said notice may be served personally or by mail, and if the latter, may be done by posting such notice in the Post Office in Monroe, Michigan, duly stamped and addressed to the last known address of the lot owner or owners as such address may be on file with the Secretary. This mailing requirement shall be satisfied if performed as aforesaid, regardless of change of address of the lot owner or owners, the full responsibility of keeping an up-to-date address on file with the Secretary being upon the individual lot owners.
Article XX
A majority of the lot owners present and voting on any such meeting shall constitute a quorum for the transaction of any business that may lawfully come before the meeting, excepting as to such matters as under these Articles of Association require a definite number of lot owners to act.
Article XXI
Special meeting of the lot owners may be called at any time by the two-thirds vote of the Trustees or upon the presentation to the Board of Trustees of a petition signed by not less than fifty lot owners. Not less than ten days notice in writing shall be given to all lot owners of said meeting, said notice to be served either personally or by mail in the same manner as provided in Article XIX aforesaid. Only such matters shall be acted upon at special meetings as have been set forth on the notice of the meeting served upon the lot owners.
No property owner being in arrears for any assessments shall have voting rights until such assessments are paid in full. Each property owner shall have only one vote. In all cases where more than one person owns any property in said Association, one must be designed as the owner for voting purposes.
Article XXII
Changes in the Articles of Incorporation shall be made only by majority vote of all lot owners voting.
Article XXIII
The By-Laws of said Association shall be adopted by majority vote of all lot owners, each lot owner being entitled to one vote, at the time of the approval of the Articles of Incorporation. Thereafter, the By-Laws may be amended by a majority vote of the lot owners present and voting at any annual meetings. Only the majority of all property owners voting shall make changes in the Articles of Incorporation, each lot owner being entitled to only one vote at any such election.
Schedule A
Article 1
Law and Order Committee
The chief duties of this committee shall be to regulate and enforce the compliance of all By-Laws, and such other rules and regulations as may be necessary from time to time for the protection and preservation of the common property, and the safety, quiet, welfare and peace of the people.
Building and Grounds Committee
The duties of this committee shall be to prepare a building pole subject to the approval of the Board of Trustees in accordance with which they shall issue a building permit that must be obtained before any building or buildings can be erected upon any lots included within the subdivision which are a part of Detroit Beach Association, Inc. Said committee shall also have the right to inspect all buildings upon said property, and to enforce compliance with said building code. This committee shall also supervise the maintenance of all property, both common and private, and enforce its being kept in a clean, sanitary condition, and cause to be removed all refuse, weeds, or anything that causes an unsanitary or unsightly condition.
Finance and Auditing Committee
The duties of this committee shall be to supervise the expenditure of any extraordinary sums of money, approve all bills payable, payrolls, vouchers and otherwise that will be necessary in the routine of the business management of the Association, and in general assist the Treasurer in the performance of his/her duties.
Schedule B
Article I
The Government of Detroit Beach Association, Inc. is hereby vested in a Board of nine Trustees, three to be elected for one year. Each year after the first election, three trustees shall be elected to serve for three years at the annual meeting.
