ROCKY POINT COMMUNITY CLUB
Approved by Membership May 5, 2007
PREAMBLE: Rocky Point Community Club Inc. is a non-profit corporation operated in and under the Laws of the State of Washington holding a Class A water system license #04629-6 and is governed by the Laws of the State of Washington, Washington Utilities Commission, Washington State Department of Health, Island County, and Island County Health Department Laws, Rules, Regulations and Policy adopted by these agencies and the Community Covenants and Restrictions.
ARTICLE I - Membership
Section 1 Membership in the club shall be evidenced by the record of membership as kept by the Secretary.
Section 2 The owner of each lot or tract of real property which is situated in the Rocky Point plats, described in Rocky Point Community Club Covenants and Restrictions, shall be a member of an association of property owners known as the Rocky Point Community Club (RPCC), a non-profit corporation as defined in the Declaration of Covenants and Restrictions for Rocky Point Tracts (CC&Rs). Refusal or neglect to sign membership upon purchase of property does not negate inclusion in membership in RPCC nor the responsibility of abiding by the Covenants and Restrictions and Bylaws and all amendments of all documents binding in RPCC.
Section 3 Membership Meetings:
Section 4 The members of the club shall be entitled to a water service connection as a benefit of membership, at such cost and under such terms and conditions as these Bylaws and Amendments thereto provide and under such regulations as promulgated by the directors of the Corporation, PROVIDED that members confirm to all provisions of the CC&R’s, Bylaws, amendments and policies of Rocky Point Community Club. Non-conformance will result in suspension of membership benefits until conformance is re-established.
Section 5 Any member will be granted membership benefits upon payment of annual dues, all current delinquent charges, transfer fees, and assessments with respect to such membership.
Section 6 Owners of two or more lots or tracts who join said properties together so as to constitute one parcel, and who thus benefit from reduced charges and assessments, will, upon a subsequent separation of said parcels (by sale of one parcel or otherwise), be liable for all past charges and assessments which were so avoided during the time that said parcels were joined as one, for the purpose of computing dues and assessments. Two or more lots combined are entitled to only one voting membership.
Section 7 In case any member ceases to own or be entitled to possession of property by real estate contract, his/her transfer of membership shall not discharge any existing liens against such real estate or future charges and assessments. The transfer of a membership in the club for any reason shall terminate the transferee’s complete interest in the club as well as any assets or any property interest therein. A transfer of such membership shall not entitle such former member to any repayment or compensation whatsoever.
ARTICLE II – Board of Directors
Section 1 The Board of Directors shall transact any and all business of the Corporation. The Board shall have the power to amend these Bylaws, subject to the approval and ratification of the membership at the next annual meeting.
Section 2 The Board of Directors shall consist of eight (8) members to serve a term of two (2) years each.
Section 3 Four directors shall be elected at each annual meeting. The elections of Directors for those present shall be by written ballot.
Section 4 Any Director may be removed by vote of a legal majority of the members at a regular or special meeting called for that purpose, and upon such removal, a vote of the members at said meeting may at once be taken to fill such a vacancy.
Section 5 Board of Directors Meetings:
Section 6 In case any Director shall die during his or her term of office, resign, become disqualified or removed from office, or for any other reason be removed, the remaining Directors may appoint a Director at the next meeting to serve until the next regular annual meeting, at which time a replacement will be elected to serve the balance of the un-expired term.
Section 7 The Board shall make and enforce reasonable rules and regulations governing the operation of club property, operation of any other authorized club activities and the operation of the water system as follows:
ARTICLE III – Officers
Section 1 The officers of the corporation shall consist of a President, Vice President, Secretary, Treasurer, and four (4) General Directors. Each of said officers shall be a Director elected annually by the membership of the Board of Directors. All Board members are insured against personal lawsuits by the corporation.
Section 2 If any office is not filled as provided in these Bylaws, or becomes vacant by reason of death, resignation, disqualification, removal from office or any other reason, the Board may fill the vacancy by appointment.
Section 3 The President shall preside at all meetings of the corporation and shall be Chairman of the Board of Directors. He shall be the executive officer of the corporation and shall perform all duties pertaining to such executive office.
Section 4 In the absence of the President, the Vice President shall perform the duties and have the authority of the President, and shall perform such other duties as may be presented by the Board of Directors.
Section 5 The Secretary shall keep the minutes of the meeting of the corporation and of the Board of Directors, shall have custody of corporation records and membership book and shall perform all other such duties as are reasonable and incidental to the office of Secretary, and from time to time as directed by the President or the Board of Directors.
Section 6 The Treasurer shall have charge of the funds and accounts of the club, subject to the direction of the Board of Directors and the President. He/she shall cause the books of account to adequately set for the fiscal status and operation of the club and shall render statements in such form as the Board of Directors and the President shall from time to time require, and perform such other duties incidental to the office of the Treasurer. He/she shall insure the deposit of club funds in its name in a bank designated by the Board. The Treasurer need not physically perform the above duties, but shall delegate the work to a licensed and bonded accountant or bookkeeper subject to the approval of the Board.
Section 7 No Director shall be paid a salary or shall receive any compensation for services provided. However, all Directors are entitled to reimbursement for out-of-pocket expenses incurred during the course of business of the club, provided further that such reimbursement shall only be by advance resolution of the Board of Directors.
ARTICLE IV – Finances
Section 1 The fiscal year of the corporation shall end on the last day of December of each year, and all annual financial statements and reports shall be made so as to include the termination of the last day of such fiscal year.
Section 2 Except for expenses incurred in the normal operation of the club, no financial obligation or debt shall be incurred by the corporation except by resolution of the Board of Directors.
Section 3 All notes, checks or other evidences of indebtedness of the corporation shall be signed by any two bank authorized Directors of the corporation.
Section 4 An examining committee will be appointed by the Board of Directors to annually examine the Treasurer’s books and report their findings to the members at the annual meeting. The Treasurer shall be present to present papers and answer questions only. No member of the Board shall be part of the examining committee.
Section 5 All service or construction estimated to cost in excess of twenty-five hundred dollars ($2,500) per project shall be presented to the membership in the budget or at the annual or a special meeting, and shall be approved or disapproved at that time. No money may be spent in excess of that approved for the project or service.
ARTICLE V - Dues, Charges, Assessments,
Section 1 The expense of operating, maintaining and replacing the water system owned by the corporation, together with the costs of any additions thereto authorized by the corporation, shall be paid by the membership in accordance with Section 3 of the Article; and if such dues, charges, and assessments are insufficient, they shall be raised by means of assessments imposed by the Board, in the amount and manner hereinafter provided.
Section 2 As soon as water shall become available in a distribution main adjacent to and serving any platted lot or building site, and upon notice of the availability of the same being given in writing to the member, such member shall thereupon be obligated to pay, and thereafter an annual charge shall accrue, in accordance with the rates which shall be established by the Board of Directors.
Section 3 The amount of funds collected by reason of the aforementioned charges shall be:
In the event the financial condition of the club shall warrant, the Board of Directors by resolution shall reduce the charges made to the members for the water service.
Section 4 In the event that the receipts of annual charges to the membership shall be insufficient to pay for the operation, maintenance, and replacement of the water system or such additions authorized by the corporation, the Board of Directors may levy assessments against the membership in such amount as shall be reasonably necessary to pay for such costs of operation, maintenance, and replacements or additions. The assessments shall be charged equitably and ratably to the members in accordance with the number of platted lots and building sites owned by them. Assessments may be levied successively if the same is warranted by the financial condition of the club.
Section 5 Annual charges and all assessments levied against members shall become and remain a lien upon the membership and upon the said membership real estate until the same are paid. No membership shall become transferred until all delinquent and current charges and assessments have been paid.
Section 6 The annual charges per building site or lot after the availability of the water connection to membership real estate shall be payable in advance on the first day of January. The same shall be delinquent if not paid before March 31, imposing a fifty dollar ($50.00) late fee and 1% per month finance charge after this date. Any account with a balance outstanding after June 30 will be subject to membership suspension, including but not limited to water termination, and a one hundred dollar ($100.00) reconnect fee.
Section 7 Assessments shall be due and payable within thirty (30) days after notice thereof being mailed to the member at the address listed upon the corporation books, and such assessment shall become delinquent if not paid within sixty (60) days after the date of such notice has been mailed.
Section 8 All payments on account by delinquent members shall be credited toward payment of the charges or assessments first becoming due.
Section 9 The Board of Directors shall have the authority to place a lien for water service after any charge or assessment has been delinquent for sixty (60) days.
Section 10 All CC&R violations that exceed ninety (90) days from the written, certified mail delivery of notification of violation/violations will be assessed a non-conforming penalty of ten dollars ($10.00) per day until violation/violations are corrected or completed to conform to the current CC&Rs. The penalties imposed will be in addition to all normal fees and assessments required by membership in the Rocky Point Community Club. All penalties will be paid within one year of assessment or RPCC will lien property in question at which time all past due accounts will accrue interest at the rate of 12% per annum from date of lien filing. Further, the property owner will be responsible for all legal fees incurred by RPCC in the lien action collection, and the possible foreclosure. RPCC will not be held responsible in any action brought by the property owner from this action while not in conformance with the CC&Rs. Further, it is adjudged that the property owner in question has a reasonable time, ninety (90) days after notification, to conform to the present CC&Rs or make appropriate contact with the Board of Directors of RPCC to absolve the problem in question.
Section 11 An operable water meter, shut-off valve and anti-siphon valve (back flow check valve) of a type approved by the corporation is required and will be maintained for all residences and developed lots with water service. Repair of meters/shut-off valves is the responsibility of the corporation. All water service connections or repairs to meters or shut-off valves shall be made under the supervision and control of the corporation.
The cost of initial water service connections including the cost of the meter, shut-off valve, back flow control valve, required hardware and labor shall be paid in advance to the corporation. Pro-rata annual water charges will be effective the month following connection. The Board of Directors may fix water rates for use of water in excess of normal domestic requirements. This may include annual charges or any special levies for use of water in excess of normal domestic requirements after two (2) written misuse complaints and any other levies issued by the Board within its empowerment.
ARTICLE VI – Action Concerning Restrictive Covenants
Section 1 The Board of Directors shall carry out the responsibilities of the Corporation under the Declaration of Covenants and Restrictions for Rocky Point Tracts.
Section 2 Grievances arising between a member or members and the Board of Directors of Rocky Point Community Club with respect to the interpretation or application of Bylaws or the Declaration of Covenants and Restrictions, shall be settled according to the following:
Section 3 Arbitration
Section 4 Concerning Violations and Non-Compliance:
In carrying out their responsibilities with regard to any violation and non-compliance to the RPCC Covenants and Restrictions and Bylaws, which on unimproved and improved lots, includes trees over sixteen (16) feet in height or hedges that are over six (6) feet in height, except for the exemptions listed in the Covenants and Restrictions, the Board of Directors shall follow this procedure:
ARTICLE VII - Notices
Section 1 At the time of application for membership, the correct address of the resident of the lot owner shall be listed with the President or Secretary. Any notice provided for in these Bylaws shall be sufficient, legal notice if mailed to the member at such address in a sealed envelope, post paid, and deposited with the United States Post Office.
ARTICLE VIII - Dissolution
Section 1 In the event of the dissolution of the corporation, the assets owned by the corporation shall be sold and the proceeds divided as follows:
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These Bylaws are approved by the RPCC membership and adopted on this ______________day of _________________________ 200__ in witness whereof, signed by the RPCC Board of Directors: