Constitution (Rev: 06/28/2011)
Constitution of Lake Mohawk
Lake Mohawk Property Owners Association
The authority of the Lake Mohawk Property Owners Association, Inc. (L.M.P.O.A.) is derived from the Lake Mohawk subdivision of Carroll County Plats, the individual property deeds of each lot, the Warranty Deed Restriction, and the articles of incorporation filed with the State of Ohio, as a not-for-profit corporation.
Recognizing that the Association is expected to provide nearly all of the services available to its members, which are ordinarily provided by local government, the authority and direction to supply these services is conferred upon the Association by its members through the Constitution. The Constitution is a contract between the Association and the individual members for the ongoing and orderly operation of L.M.P.O.A.
The Constitution, as a contract, is enforceable according to its terms, by any of the parties to this contract (the members) individually or collectively and/or by the Corporation (L.M.P.O.A) through its Board of Directors.
This Constitution supersedes all previous Constitutions and past practices; however, if any provision of this Constitution or any application of the provisions of this Constitution conflicts with any federal or state law, regulation, ruling or order now in effect or hereafter enacted or issued, such provisions or applications shall be inoperative, but the other provisions of this Constitution shall remain in full force and effect.
1. Offices
1.1 The principal office of the Lake Mohawk Property Owners Association shall be located at Lake Mohawk.
2. Membership Definition
2.1 Full Member shall be defined as those persons who own a lot or lots in the Lake Mohawk Subdivision or who are purchasing property by a lease purchase agreement, or land contract, and have met the membership requirements of this Constitution and the regulations of L.M.P.O.A., Inc. (6/2004)
2.2 Entity Member shall be defined as a membership issued to a separate and distinct organization or legal entity other than a natural person and shall be issued to entities in the case of an involuntary conveyance of the property. All other entities desiring to own, rent, or lease property(s) in the Lake Mohawk Subdivision must comply with section 3.3.
2.3 Associate Member shall be defined as those persons who are renting or leasing a residence and/or leasing a residence or property with an option to buy in the Lake Mohawk Subdivision and shall have met the requirements established by the Constitution and the regulations of L.M.P.O.A., Inc.
2.4 Membership in good standing shall be defined as a membership for which all dues, fees, and/or assessments have been paid in full and/or membership that has complied with all terms and provisions of the Warranty Deed, this Constitution, the Rules and Regulations, the Building Code and the Property Maintenance Code. (6/2004)
2.5 Membership in default shall be defined as a membership for which all dues, fees, and/or assessments have not been paid in full.
2.6 Immediate Family shall be defined as those persons who are legally considered the parents or the children of a Full or Associate Member and have been authorized by a membership to receive these privileges.
2.7 Guest shall be defined as those persons who have been extended some of the privileges of a Full or Associate Membership for a limited period of time by a Full or Associate Member and whose accountability is the direct responsibility of that Full or Associate Member.
2.8 Master Lot shall be defined as the primary lot of the property owner.
2.9 Extra Lot shall be defined as any properties owned in addition to the master lot.
2.10 Extra House shall be defined as any house that a Full Member owns in addition to the house on his/her master lot.
3. Membership Requirements
3.1 All persons purchasing or otherwise acquiring property in the Lake Mohawk Subdivision must become a Full Member.
3.2 All persons renting or leasing property in the Lake Mohawk Subdivision must become Associate Members.
3.3 All entities acquiring property in cases of involuntary conveyance must become an Entity Member. All entities purchasing, renting or leasing property, other than in the case of involuntary conveyance, must assign Full membership to an individual, provide to the office in writing at the time of conveyance or transfer of deed, who will carry the privileges and responsibilities of a Full membership. (6/2010)
4. Membership Application
4.1 All applicants for membership must attend an orientation.
4.2 All applicants must have proof of intent to purchase, rent, or lease property and must submit same upon application.
5. Membership Application Review
5.1 The Board of Directors of L.M.P.O.A. shall review, or appoint a person or persons to review all applications for membership.
5.2 Before a membership is issued all dues, fees, and/or assessments must be paid in full on the lot or lots for which membership is being considered. The Board of Directors shall have the right to waive part or all of these obligations in the case of involuntary conveyance of property or where other circumstances warrant such action.
5.3 Husband and Wife shall be considered as one membership. (6/2004)
5.4 No more than two (2) memberships will be issued for any one lot. An exception can be made by approval of the Board of Directors when the following circumstance occurs: through inheritance, the property has more than two owners. Under this circumstance, the Board can allow up to a maximum of four (4) memberships to be issued for the one lot. (6/2010)
5.5 Before a Full Membership or Entity Membership is issued, a copy of a deed, lease purchase agreement or a land contract must be on file at the L.M.P.O.A. office. (6/2004)
5.6 Before an Associate Membership is issued, a copy of a rental agreement, a lease agreement, or a lease agreement with a provision to buy must be on file at the L.M.P.O.A. office.
5.7 Membership in L.M.P.O.A. shall not be limited by sex, race, color, creed or national origin.
6. Membership Issuance
6.1 A membership agreement between the L.M.P.O.A. and the applicant will be signed and witnessed.
6.2 This membership agreement will remain in effect until the applicant sells or transfers his/her property or no longer rents/leases property within the Lake Mohawk Subdivision. (6/2004)
6.3 All members must comply with the Warranty Deed, this Constitution, each and every restrictive covenant, this membership agreement, the Building Code, the Property Maintenance Code and all of the Rules and Regulations and other guidelines, ordinances, rules and codes pertaining to the Lake Mohawk Subdivision. A copy of the signed receipt will be maintained in the property owner’s records. “Any subsequent changes to the documents will be the responsibility of the member. Notification of these changes and their availability will be published in the Newsletter and/or on the Lake Mohawk Web Site.” (6/2004)
6.4 Membership in this association is not transferable.
7. Membership Default
7.1 The Association maintains the right to determine the status of membership as set forth under the Membership Definition section of this Constitution.
8. Membership Privileges and Responsibilities
8.1 Members in good standing and their Immediate Families shall be entitled to the use of the Association property and facilities to the extent that this use is permitted by the restrictive covenants and the rules and regulations of the L.M.P.O.A., Inc.
8.2 Full Members shall be held ultimately responsible for the actions and the obligations of their corresponding Associate Members, Immediate Family, and/or their guests.
8.3 Members in good standing and their Immediate Families shall have the right to allow guests to use the Association property and facilities; however, these guests must be accompanied by a Member in good standing and/or their Immediate Family.
8.4 Full Members in good standing shall have the right to rent or lease their property.
8.5 Each Full Membership in good standing shall be entitled to vote.
8.6 Entity Members will be required to pay annual dues in addition to all fees and assessments associated with their property(s). (7/2007)
8.7 Entity Members will not have the privilege of using Association property and facilities with the exception of the roads.
8.8 Entity Members will be issued one membership card to enter the gate.
8.9 The Board of Directors will develop policies and procedures to provide each Full Member and Associate Member in good standing access to the properties and facilities of the Association for themselves and their immediate family and guest.
8.10 The Board of Directors reserves the right to limit the number of guests permitted to use Association properties and facilities through the development of policies and procedures to address the same.
8.11 With the exception of any matter involving the collection of a past due balance from a delinquent member of the Association, all disputes or controversies between any member and/or members of the Association and the Lake Mohawk Property Owners Association arising under or related to the Association’s Constitution, Building Code, Property Maintenance Code, Warranty deed or any other document regulating the activities of Association members, be resolved through the use of binding arbitration pursuant to the provision of the Ohio Arbitration Act (Ohio Revised Code section 2711, et seq.). The parties to the dispute or controversy shall agree on the choice of a non-biased arbitrator through the American Arbitration Association who will hear the case and render a decision. The decision of the arbitrator shall be final and not subject to appellate review except as provided in the Ohio Arbitration Act. Cost of arbitration shall be paid by the party against whom the arbitrator rules. (7/2007)
8.12 Any Full Member, Associate Member or Entity Member having legal ties, ownership or otherwise to a separate other membership(s) must be in good standing with relation to all of the memberships in order to retain member privileges. This encompasses an owner(s), partner(s) in a company, officer of a corporation, trust(s), or trustee(s) of a trust, full member(s) assigned as so by an entity or any other ownership interest beyond the Master Lot. (6/2010)
9. Membership Dues, Fee, and Assessments
9.1 Dues shall be an annual charge to each member that shall be used for the orderly and ongoing operations of the Lake Mohawk Property Owners Association. Dues shall be non-refundable and non-transferable. New members’ dues shall be prorated for the remaining months of the year beginning with the month the applicant applies for membership.
9.2 Fees shall be charges levied for memberships owning more than one property, for services offered to the membership, for the initial issuance of a membership, and/or for the compliance to an obligation to the Association.
9.3 Assessments shall be periodic charges placed against each lot in the Lake Mohawk Subdivision as required by the Association for extraordinary expenditures.
10. Determination of Dues
10.1 The Lake Mohawk Board of Directors shall prepare a general operating budget outlining the expenditures required for the orderly and ongoing operation of L.M.P.O.A.; containing in general those expenditures that are necessary to maintain the properties, facilities, and the equipment of the L.M.P.O.A. and present this budget to the Membership.
10.2 The December meeting of the Board of Directors shall be designated for a formal presentation of the proposed budget to the Membership. The Membership shall have the opportunity to discuss the proposed budget at this meeting.
10.3 The Board of Directors will send a copy of the previous year’s budget, a copy of the proposed budget for the following fiscal year, an explanation of the accounts and/or changes from the previous year’s budget, a proposed dues/fees table, and a ballot with instructions regarding voting procedures to each Full Member in good standing.
10.4 Returning ballots for the budget must be postmarked or marked received in the L.M.P.O.A. office by February 8. (7/2007)
10.5 Fifty percent plus one vote of the ballots returned will be required to disapprove the proposed budget and the resulting dues and fees.
10.6 Should the proposed budget be disapproved, the prior year’s dues/fees will be maintained and the Board of Directors will be required to redraw a budget within these restrictions which will be considered the budget for the upcoming year.
10.7 The Association sets no required amount to be maintained in an established Reserve Fund. All amounts agreed upon to be held in a reserve fund will be established by the Association membership following the procedures and requirements to approve an annual budget. Any request for reserve funding approval must include specific guidelines stating how the funds will be expensed and the duration of the funding requirement. (6/2011)
11. Determination of Fees
11.1 Member approved fees shall be defined as charges for specific services by the Association and charges as penalty for violation of the Rules and Regulations of the Association. The Board of Directors must submit any proposal for a new fee and or fee increase to the membership for approval by a majority vote via mail ballot. (6/2003)
11.2 Initiation fee shall be defined as a charge to all new memberships, not having held a membership for a period of three (3) years prior to the present application for membership.
11.3 Extra lot fee shall be defined as a yearly charge for each lot owned in addition to the master lot. Properties adjacent to a property owner’s master lot which are not occupied by an extra house may be considered as the same property as the master lot for the calculation of all dues, fees, and assessments if the owner enters into a restrictive tie-together covenant, with the Association forgiving the obligation of the property owner to pay fees, assessments, and dues on the adjacent lot in exchange for a covenant not to sell the lots separately without the master lot.
11.4 Extra house fee shall be defined as a yearly charge for any Full Membership owning more than one house at Lake Mohawk.
11.5 Board approved fee for a specific service shall be accounted for separately from the general fund and used for the prescribed service exclusively.
11.5a The Board of Directors fees for leases of equipment; rental of land; and use of building facilities will be accounted for in the General Fund. (6/2003)
11.6 Board approved fee for the violation of a rule or regulation of the L.M.P.O.A. shall be predefined and published for each of the members and can be used as the Board of Directors designates including placement in the general fund.
11.7 Initiation fee shall be determined by the Board of Directors and presented in the table of dues/fees with the annual budget.
11.8 Initiation fee shall be no more than one full membership dues, shall be accounted for separately and can be used for expenditures that are outside of the normal operating budget.
11.9 Extra lot fee shall be determined by the Board of Directors and presented in the table of dues/fees with the annual budget and shall be equal to no more than 60% of the annual dues for each lot.
11.10 Extra house fee shall be equal to one annual dues for each extra house.
11.11 Extra lot fee and extra house fee shall be considered as a part of the general fund monies and will be used for the orderly and ongoing operations of L.M.P.O.A.
12. Determination of Assessments
12.1 The Board of Directors shall determine the need for extraordinary expenses to be submitted to the Membership for approval.
12.2 The extraordinary expense shall be announced to the Membership with a proposed monthly meeting date to be used for a complete explanation of the extraordinary expense; a description of the expense, the reason for the expense, the amount of the assessment required to cover the proposed expenditure, when the assessment will begin and when the assessment will end.
12.3 The Board of Directors shall send a copy of the proposed assessment, an explanation for the requested assessment, the amount of the proposed assessment, and a ballot with instructions regarding the voting procedures to all Full Memberships in good standing.
12.4 Fifty percent plus one vote of the ballots received in the L.M.P.O.A. office by the predefined due date shall be required to approve the assessment. (6/2003)
12.5 After all bills are paid any money left over from the assessment shall be put into the contingency fund.
13. Payment of Dues, Fees and Assessments
13.1 Billings for dues, extra lot fees and extra house fees will be mailed by the first day of March.
13.2 Payment for dues, extra lot fees and extra house fees will be required to be received at the L.M.P.O.A. office no later than April 1.
13.3 Initiation fees will be due prior to the issuance of membership.
13.4 Board approved fees are payable as defined in the table of fees included within the annual budget and/or as required to fulfill an obligation to the Association.
13.5 A thirty (30) day period will be given from the due date for all dues, fees, and/or assessments, before a member is considered as a member in default. Once the payment exceeds the thirty (30) day period the late penalty will be considered to have begun accruing from the original due date. (7/2005)
13.6 The Board of Directors may impose penalties equal to an annual rate of no more than 24% for any payment of dues, fees, and/or assessments that are past due.
13.7 Full Memberships are ultimately responsible for the payment of any dues, fees, and/or assessments incurred by Associate Memberships, Immediate Family, and/or guests.
13.8 Delinquent dues, fees and/or assessments, together with interest and costs, shall be a charge and a continuing lien in favor of L.M.P.O.A. upon the lot(s) of such Membership in default. At any time after a due, fee and/or assessment levied by the Association remains unpaid after the same has become due and payable, a certificate of lien for the entire unpaid balance of that due, fee and/or assessment, interest and cost, may be filed with the Recorder of Carroll County, at the option of the Board of Directors. The certificate shall contain a legal description of the lot against which the lien exists, the name or names of the recorded owner(s) thereof, and the amount of the unpaid portion of the dues, fees and/or assessments, and shall be signed by an officer of the Association. The lien provided for herein shall remain valid for a period of five (5) years from the date a certificate of lien was duly filed therefor, unless sooner released or satisfied in the same manner provided by law in the State of Ohio for the release and satisfaction of mortgages on real property, or discharged by the final judgement or order of a court in an action brought to discharge the lien, or extend for another five (5) year period by the filing of an extension. The right of the Association to a lien against that lot, or to foreclose any lien thereon for these delinquent dues, fees and/or assessments, interest and cost, shall not be impaired or abridged by reason of the transfer of such lot, but shall continue unaffested thereby. No member may waive or otherwise escape liability for the dues, fees and/or assessments by nonuse of the Association property and facilities, or any part thereof, or by abandonment of his, her or its lot(s). (7/2007)
14. Membership Meetings
14.1 Annual meeting is a meeting of the Full Membership in good standing and Entity Members if there is a proposed assessment to be considered, conducted once a year to present the state of the L.M.P.O.A., to present the candidates for the Board of Directors, and to handle business defined in this Constitution as business that must be handled during the annual meeting.
14.2 Special Meeting shall be defined as a meeting of the Full Membership in good standing (and Entity Members if there is a proposed assessment to be considered) called by the President of the Board of Directors, a two thirds majority of the Board of Directors excluding the President, or by a petition of 100 memberships in good standing to conduct special business that cannot be accomplished at a monthly or regularly scheduled annual meeting.
14.3 Monthly meeting shall be defined as a normal business meeting conducted by the Board of Directors to discuss and act on matters pertaining to the ongoing operations of the L.M.P.O.A. which may be attended by all members in good standing.
14.4 Executive meeting shall be defined as a closed meeting of the Board of Directors to discuss legal matters relating to pending or threatening litigation, personnel matters regarding specific individuals relating to promotion, demotion, discipline or discharge, and matters of which, if disclosed, would give an unfair competitive edge to a particular individual or entity in the area of contracts.
14.5 Planning session is defined as a meeting held by the Board of Directors, individual members of the Board of Directors, and/or committees appointed by the Board of Directors to discuss projects, programs, and/or other aspects of the operation of the L.M.P.O.A. to be presented to the Board of Directors and/or the membership at an annual meeting, special meeting, and/or a monthly meeting.
14.6 Emergency meeting is defined as a meeting of Full Members called by any Full Member in good standing in the event that for any reason the L.M.P.O.A. Inc. would find itself in a situation without enough members on the Board of Directors to conduct business. The sole purpose of the meeting shall be to appoint an interim Board of Directors to carry out the business of the Association and to arrange for a new election for members of the Board of Directors by the Full Membership.
15. Location of Meetings
15.1 The annual meeting and the special meeting shall be held at a location within a thirty (30) mile radius to Lake Mohawk.
15.2 Monthly meetings shall be held at Lake Mohawk.
15.3 Executive meetings and planning sessions may be held wherever it is necessary.
15.4 Emergency meetings shall be held within a thirty (30) mile radius to Lake Mohawk.
16. Time of Meetings
16.1 The annual meeting shall be held on the first Saturday of May of each year at 6:00 p.m. (7/2008)
16.2 Monthly meeting times shall be set by the Board of Directors.
16.3 Planning sessions and executive meetings shall be called as necessary by the Board of Directors, individual members of the Board of Directors, and/or those committees appointed by the Board of Directors.
16.4 Emergency meetings shall be held at the time of need.
17. Notification of Meetings
17.1 The Board of Directors shall publish in the newsletter the date, the time, the location and the agenda of the annual meeting.
17.2 The President of the Board of Directors shall notify the Full Membership, by publication in the newsletter or by mail, the date, the time, the location, and agenda of any special meeting no less than thirty (30) days prior to the meeting.
17.3 The time, date, and the place of the monthly meetings shall be published in the newsletter, and posted on the bulletin board at the main entrance of Lake Mohawk at least five days prior to the meeting.
17.4 Executive sessions and planning sessions will be noted in the minutes of the monthly meetings and those particulars that can become public knowledge will be made known to the membership.
17.5 An emergency meeting shall be posted on the bulletin board at the main entrance of Lake Mohawk forty-eight (48) hours prior to the meeting.
18. Quorum
18.1 Four members of the Board of Directors will be required to conduct business at an annual or special meeting.
18.2 Four members of the Board of Directors will be required to conduct business at the monthly meeting or to discuss matters in an executive meeting.
18.3 Planning sessions may be held by one or more.
18.4 Twenty memberships in good standing shall be required at an emergency meeting before interim members of the Board of Directors can be appointed.
19. Voting by the membership
19.1 Each Full Membership in good standing shall be entitled to one vote.
19.2 Each Full Membership in good standing and each Entity Membership shall be entitled to one vote for assessments.
19.3 Full Memberships shall be given the right to vote for members of the Board of Directors, the annual budget and the associated dues and fees and all assessments and amendments to this Constitution.
19.4 Voting for the members of the Board of Directors and the annual budget shall be done by a mail ballot.
19.5 Voting for assessments shall be by mail ballot.
19.6 Voting for amendments to this Constitution shall be by mail ballot. Amendments must be presented at an annual or a special meeting that has been called for that purpose.
19.7 For mail ballots all full memberships in good standing will be mailed a ballot with a return envelope.
19.8 Absentee voting is permitted for issues voted on at meetings of the membership. The member must request an absentee ballot not less than two weeks prior to the meeting and return the ballot to the office no later than one day prior to the meeting.
19.9 A nominating committee appointed by the Board of Directors shall solicit candidates for the Board of Directors who shall be presented to the membership at the annual meeting or at a special meeting. Nominations for the Board of Directors may be made from the floor at the annual meeting or a special meeting. Each applicant will forward a short personal profile to the Board of Directors which will be published with the ballots.
19.10 The election of the officers and directors shall be by mail. (6/2003)
19.11 A minimum of one hundred mail ballots must be returned to constitute an official voting.
20. Establishment of a Board of Directors
20.1 The affairs of the L.M.P.O.A. shall be governed by its Board of Directors.
20.2 The Board of Directors shall consist of seven Full Members in good standing that have been Full Members in good standing for a period of at least one year and are not employed by the L.M.P.O.A.
20.3 The Board of Directors shall consist of three officers: a President, a Secretary, a Treasurer, and four directors; Director of Administration, Director of Roads and Maintenance, Director of Security, and Director of Lake and Conservation Management.
20.4 Each of the members of the Board of Directors shall be bonded for the faithful discharge of their duties.
20.5 The term of the Board of Directors shall be two (2) years, beginning with their swearing in at the monthly meeting following their election..
20.6 A Board Member may be relieved of his/her duties by the Board of Directors if they have missed three or more of the monthly meetings within a one-year period.
20.7 Any member of the Board of Directors may be removed from office by a majority vote of the membership.
20.8 In the event that a Board Member is unable to complete his/her term for any reason the Board of Directors, following public announcement of the vacancy and solicitation of applicants, may nominate and elect a suitable replacement. (6/2004)
20.9 Members of the Board of Directors shall receive, as compensation for time and effort, 50% discount on annual dues for their Master Lot during the duration they serve on the Board. As Board Members, they may be reimbursed for any expense incurred in carrying out the duties authorized by the Board of Directors. (7/2006)
21. Powers and Responsibilities of the Board of Directors
21.1 The Board of Directors shall have the power to draft Rules and Regulations to govern the Association to the extent that these Rules and Regulations do not violate the terms within this contract and the Warranty Deed.
21.2 The Board of Directors shall have the power to enforce the Warranty Deed, this Constitution, each and every restrictive covenant, this membership agreement, the Building Code, the Property Maintenance Code and all other Rules and Regulations and other guidelines, ordinances, rules and codes pertaining to the Lake Mohawk Subdivision or the L.M.P.O.A. through suspension of privileges and/or imposing Board approved fees. (6/2004)
21.3 The Board of Directors shall have the power to make contracts on behalf of the Association provided that the item contracted has been approved in the annual budget or an assessment, or the contract is required to continue the orderly and ongoing operations of the Association and will not compromise the financial position of the L.M.P.O.A.
21.4 The Board of Directors, or any member(s) shall have no power to borrow, or finance any funds from any source, or incur any debt on behalf of the Association beyond what has been explicitly approved by the Full Membership.
21.5 The Board of Directors shall be required to obtain bids on all purchases of equipment or building supplies, or contracts related to new construction, in excess of one thousand dollars. However, for expenditures for maintaining or repairing buildings or equipment of the Association, the Board of Directors can award contracts of up to three thousand dollars without seeking bids, if past experience has shown that there is only one qualified bidder.
21.6 The Board of Directors has the responsibility for the management and control of the sewer system including the disposal plant. The Board has the authority to establish a set of fees to maintain and operate the sewage disposal system.
21.7 No lot or property within Lake Mohawk Subdivision shall be subdivided, vacated or combined with other property without the prior written consent of the Board of Directors. (6/2004)
21.8 The Board of Directors shall have the authority to make line item transfers within the budget. Line item transfers within the budget are authorized only if the Board determines by a two-thirds vote of it’s members present at a meeting that such transfers are necessary to preserve the health, safety, well being or property of the Association, its employees or members.
21.9 The Board of Directors shall have the authority to assess a member for all costs associated with damages by such member, his family or guests to any Association owned property. (6/2004)
21.10 The Board of Directors shall have the authority to buy and sell property on behalf of the Association. This includes lots held by the Association, foreclosure property returned or purchased by the Association and common parcels if deemed the sale is beneficial to the Association. (6/2011)
22. Duties of the Board of Directors
22.1 The President is the principle executive officer of the Association.
22.2 The President shall, in general, through the direction provided by the Board of Directors, supervise and control all of the business affairs of the Association.
22.3 The President shall sign any deeds, mortgages, bonds, contracts, or other instruments which the Board of Directors have authorized to be executed.
22.4 The President shall preside over the monthly meetings, the annual meeting and any special meetings assuring that the proper procedures for each are carried through.
22.5 The President of the Association shall carry the direction of the Board of Directors to the Lake Manager and shall assure that the direction of the Board of Directors is followed by the appropriate actions.
22.6 The Treasurer of the Board of Directors shall have charge and custody and be responsible for all funds, and securities of the Association, assure the proper receipt for monies due and payable to the Association and assure that all such monies are deposited and accounted for properly.
22.7 The Treasurer of the Board of Directors shall arrange for the development of the annual budget and assure that each of the accounts within the annual budget are being properly managed and that the approved budget is being followed by the Board of Directors, by account.
22.8 The Treasurer of the Board of Directors shall:
Review and report the status of the Association funds to the Membership at the monthly meeting by account and a comparison of expenses to budget.
Report at the annual meeting to the membership a fiscal year-end status of association funds and a review of the comparison of expenses to budget. (6/2004)
22.9 The Treasurer shall sign any deeds, mortgages, bonds, contracts, or other instruments which the Board of Directors have authorized to be executed.
22.10 The Secretary of the Board of Directors shall be the principle officer in charge of the maintenance of all of the records of the Board of Directors and L.M.P.O.A. assuring that the same are available at all times at the office upon request by any Full Member in good standing.
22.11 The Secretary shall see that all notices are duly given in accordance with the provisions of this Constitution or as required by law.
22.12 The Secretary shall assure that a register of the post office addresses of each member shall be maintained.
22.13 The Secretary of the Board of Directors shall assure that the President is kept informed of the status of the proceedings at each meeting for which the President is in charge by recording the minutes of the meeting and advising him on the proper procedures for conducting business.
22.14 The Secretary shall preside at all meetings where the President is unable to attend and shall assume the duties of the President in the event of illness, or in other cases that make it impossible for the President to perform his/her duties on a temporary basis.
22.15 The Secretary shall sign any deeds, mortgages, bonds, contracts, or other instruments which the Board of Directors have authorized to be executed in the absence of the President or the Treasurer.
22.16 The Director of Administration shall be the member of the board who guides the long-range direction of the administrative functions of the L.M.P.O.A.
22.17 The Director of Administration shall be the Chairperson of a group(s) of Full Members appointed by the Board of Directors to:
a. Review and update office procedures.
b. Develop a yearly operating budget for the office and administrative functions of the L.M.P.O.A.
c. Oversee the monthly newsletter.
d. Review, update, and maintain the personnel manual.
Assure that an annual audit or review, in alternating years, is performed by a CPA and presented to the Property Owners no later than 180 days after the end of the fiscal year. Audits are to be performed for fiscal years commencing in even numbered calendar years and reviews will be conducted for fiscal years commencing in odd numbered calendar years. (6/2004 & 7/2005)
22.18 The Director of Security shall be the member of the board who guides the long range direction of the life guards, lake patrol, gate guards, law enforcement within Lake Mohawk and other areas of the L.M.P.O.A. that are directly related to the 24 hour security of the community.
22.19 The Director of Security shall be the Chairperson of a group(s) of Full Members appointed by the Board of Directors to: Review the direction of the 24 hour security at Lake Mohawk and make recommendations to the Board of Directors. Review, update, and maintain the Rules and Regulations of L.M.P.O.A. with the assistance of the other Board Members in their particular areas of expertise. Appoint a Board of Review approved by the Board of Directors to hear and determine the merit of a Member’s appeal for violations of a rule/regulation and alter or sustain the Board approved fee. Assure that a law enforcement agency serving under the direction of the Court of Carroll County and the Carroll County Sheriff’s Department is part of the security at Lake Mohawk.
22.20 The Director of Roads and Maintenance shall be the member of the board who guides the long-range direction of the maintenance of the road system and the general upkeep of the physical properties of L.M.P.O.A. including the equipment, the grounds surrounding the lake and the buildings.
22.21 The Director of Roads and Maintenance shall be the Chairperson of a group(s) of Full Members appointed by the Board of Directors to:
a. Provide for a road program plan.
b. Provide for a snow removal program.
c. Assure that the buildings and equipment of L.M.P.O.A. are being properly maintained by outlining maintenance procedures.
d. Assure that the sewer plant is being effectively and efficiently operated by reviewing and updating plant procedures.
Assure that the grounds of Lake Mohawk are being properly maintained by reviewing and updating maintenance procedures involving the same.
22.22 The Director of Lake and Conservation Management shall be the member of the board who guides the long-range direction of the lake, the dam and the spillway, the docking, the beaches, the marina, and the conservation of the wildlife areas.
22.23 The Director of Lake and Conservation Management shall be the Chairperson of a group(s) of Full Members appointed by the Board of Directors to:
a. Review the plans for the continued maintenance of the lake and those facilities directly related to the long-range preservation of this facility.
b. Review and recommend the required updates of the docking procedures as required to maintain an equitable docking program for the membership.
Review the stocking program, silt maintenance programs, and all other programs to assure the continued conservation and ecology of Lake Mohawk.
23. Lake Manager
23.1 The Lake Manager shall be provided by the Board of Directors to run the day-to-day business of the Association and to manage the employees of the Association and the Lake Mohawk Sewer Authority.
23.2 The Lake Manager will be responsible for carrying out the long-range programs of the Board of Directors by coordinating the daily activities of the Association in an effective and efficient manner.
23.3 The Lake Manager shall have the authority to hire and terminate the employees of the lake within the guidelines set forth by the Lake Mohawk Personnel Manual and within the guidelines established by the Board of Directors.
24. Amendments to the Constitution
24.1 This Constitution may be altered, amended, or repealed and a new Constitution may be adopted by at least a two-thirds vote of the members voting by mail ballot.
24.2 Any Full Member desiring to submit a Constitutional Amendment to a vote of the Membership shall submit the proposed Amendment to the Secretary of the Board of Directors at least forty-five (45) days prior to an annual or special meeting. The proposed amendment shall be presented to the Membership prior to the annual or special meeting and shall be placed on the proposed agenda. The member proposing said amendment shall have the opportunity to present his/her proposal to the Membership.
24.3 How to conduct business on amendments to the LMPOA Constitution
Each 3rd week of January a Constitution Committee will be formed
Director of Administration will appoint a chairman for this committee
This committee will review the existing Constitution to determine if definitions or language changes need to be made.
This committee will review all submissions to changes or additions to the Constitution to determine conflicts within the order of entry or to other articles of the Constitution.
This committee will hold meetings with each property owner wishing to submit changes to clarify the property owners’ language and desires, or to instruct the property owner of any conflicts.
At the annual meeting each property owner submitting an LMPOA Constitution change or addition will be awarded five (5) minutes of time, for each submission, to address his/her rational.
The Board of Directors will appoint one spokesperson for each submission to give the Boards vote and position (limited to three (3) minutes.
The Ballot will be mailed to each property owner with only the change or addition to the Constitution for approval or disapproval. On a separate, no need to return, sheet of paper will the rational and Board vote and position be presented.
All Ballots must be returned in the envelope provided either by mail or to the lock-box at the office. (Do not return Ballots to Board Members or employees).
Ballots will be counted on the first Tuesday (10:00AM) following fourteen days from when the Ballots were mailed to the property owners. Ballots received after this date or by other means will not be counted.
Director of Administration will already have a committee to safe-guard key, collect ballots at the Post Office accompanied with security personnel, and do the count.
If the count is within 5% of change or election of office, the Secretary and/or Treasurer along with a member of the count committee will re-count and verify the results. (6/2003)
Parliamentary Authority
25.1 The rules contained in the current edition of Robert’s Rules of Order (Simplified and Applied) Second Edition shall govern Lake Mohawk Property Owners Association (LMPOA) in all cases to which they are applicable and in which they are not inconsistent with these bylaws and any special rules of order LMPOA may adopt. (6/2003)
Rev: 06/28/2011
