REVISED
BY-LAWS
OF
THE
VILLAGE OF HOLIDAY LAKE OF CHARLOTTE COUNTY
PROPERTY
OWNERS’ ASSOCIATION, INC.
ARTICLE
1
DEFINITIONS
SECTION 1. “Association” shall mean
and refer to: THE VILLAGE OF HOLIDAY LAKE OF CHARLOTTE COUNTY PROPERTY
OWNERS’
ASSOCIATION, INC., a Not-For-Profit Corporation organized and existing
under
the Laws of the State of Florida, hereinafter referred to as the POA.
SECTION 2. “The Properties” shall
mean and refer to: Those certain Lots or parcels of land described in
Schedule
“A” (Attachment 1).
SECTION 3. “Common
Properties” shall mean and refer to:
Recreation Buildings, Parking Spaces, Recreation Areas, Swimming Pools,
Tennis
Courts, and any other properties owned and maintained by the POA for
the common
benefit and enjoyment of the residents within “The
Properties” as described in
Schedule “B” (Attachment1).
SECTION 4. “Fiscal Year” shall mean
and refer to: The period beginning January 1 and ending December 31
each year.
ARTICLE
II
LOCATION
SECTION 1. The principal
office of the POA is: 7500
Loris Court, Port Charlotte, FL 33981
ARTICLE
III
MEMBERSHIP
SECTION 1. Every person or entity
who is a record Owner of a fee or undivided fee interest in any Lot or
Living
Unit which is subject by covenants of record to assessments by the POA
shall be
a Member of the POA, provided that any such person or entity who holds
such
interest merely as a security for the performance of an obligation
shall not be
a Member.
SECTION 2. The rights of
Membership are subject to the
payment of annual and special assessments levied by the POA; the
obligation of
which assessments is imposed against each Owner and becomes a lien upon
The
Property against which such assessments are made as provided by ARTICLE
V of
the Declaration of Covenants and Restrictions to which The Properties
are
subject and recorded in O.R. Book 648 Page 825 of the Public Records of
Charlotte County, Florida.
SECTION 3. The Membership
rights including voting rights
of any person whose interest in The Properties is subject to
assessments under
ARTICLE III, SECTION 2, whether or not personally obligated to pay such
assessments,
may be suspended by action of the Board of Directors of the POA during
the
period when such assessments remain unpaid; but upon payment of such
assessments, his/her rights and privileges shall be automatically
restored.
SECTION 4. The Board of
Directors of the POA have
adopted and published Rules and Regulations governing the use of the
Common
Properties and Facilities, and the personal conduct of any person
thereon as
provided in ARTICLE X, SECTION 1 (d) for violation of such Rules and
Regulations for a period not to exceed thirty (30) days. The Board of
Directors
of the POA may elect to invoke fines as per Florida law (Florida
Not-For-Profit
Corporation Act (1993) Section 617.2102) and pursuant to the provisions
of the Village
of Holiday Lake Rules and Regulations as duly promulgated by the Board
of
Directors of the POA.
ARTICLE
IV
VOTING
RIGHTS
SECTION 1. Members shall be
all those owners as defined
in ARTICLE III, SECTION 1. Members shall be entitled to one vote for
each Lot
in which they hold the interests required for Membership under ARTICLE
III,
SECTION 1. Such persons shall be Members, and the vote for such Lots
shall be
exercised as they among themselves determine, but in no event shall
more than
one (1) vote be cast with respect to any such Lot.
ARTICLE
V
PROPERTY
RIGHTS AND RIGHTS OF ENJOYMENT OF COMMON PROPERTY
SECTION 1. Each Member shall
be entitled to the use and
enjoyment of the Common Properties and Facilities as provided by deed
of
dedication and ARTICLE IV, Declaration of Covenants and Restrictions
applicable
to The Properties, but subject to the provisions of ARTICLE III,
SECTIONS 3 and
4, which provides, that the rights and privileges are subject to
suspension.
SECTION 2. Any Member may
designate his rights of
enjoyment in the Common Properties and Facilities to the members of his
family
who reside upon The Properties or to any of his tenants who reside
thereon.
Such Member shall notify the POA Office, in writing, of the name of any
such
person and of the relationship of the Member to such person. The rights
and
privileges of such person are subject to suspension under ARTICLE III,
SECTIONS
3 and 4, to the same extent as those of the Member.
ARTICLE
VI
POA
PURPOSES AND POWERS
SECTION 1. The POA has been
organized to promote the
health, safety and welfare of the Property Owners and for this purpose
to:
(a)
Own,
acquire, build, operate and maintain certain areas for the benefit of
Property
Owners, including
but not limited to: commons, greenbelts and open spaces, hereinafter
referred to as “The
Common Properties and Facilities”.
(b)
Maintain
at Lot Owners expense, but not limited to the following: the exterior of
unkempt homes, lands, trees, shrubs and flower
beds, in accordance with ARTICLE VII of the recorded Declaration of
Covenants
and Restrictions.
(c) Fix and collect assessments
(or
charges) to be levied against The Properties.
(d) Enforce any and all Covenants,
Restrictions and agreements applicable to The Properties.
(e) Pay taxes, if any, on the
Common
Properties and Facilities.
(f) And
insofar as permitted by Law, to do any other thing that, in the opinion
of the
Board of Directors
of the POA, will promote the common
benefit and enjoyment
of the residents of the Properties.
SECTION 2. Additions to The
Properties described in
ARTICLE I may be made only in accordance with the provisions of the
recorded
Declaration of Covenants and Restrictions applicable to said
properties. Such additions
when properly made under the applicable Covenants shall extend the
jurisdiction, functions, duties and Membership of this Association
(POA) to
such properties. Where the applicable Covenants require that certain
additions
be approved by this Association (POA), such approval must have the
assent of
two-thirds (2/3) of the votes of the POA Members who are voting in
person or by
proxy at a meeting called for this purpose, written notice of which
shall be
mailed or hand delivered to all members at least thirty (30) days in
advance
and which written notice shall set forth the purpose of a meeting.
SECTION 3. Mergers and
Consolidations. Subject to the provisions of the recorded Declaration
of Covenants
and Restrictions applicable to The Properties described in ARTICLE 1,
SECTIONS
2 and 3, and to the extent permitted by Law, the Association (POA) may
participate in mergers and consolidations with other non-profit
corporations
organized for the same purposes, provided that any such merger or
consolidation
shall have the assent of two thirds (2/3) of the votes of the POA
members who
are voting in person or by proxy at a meeting duly called for this
purpose;
written notice of which shall be mailed to all Members at least thirty
(30)
days in advance and which written notice shall set forth the purpose of
the
meeting.
SECTION 4. Mortgages and
Other Indebtedness. The
Association (POA) shall have the power to mortgage its properties only
to the
extent authorized under the recorded Declaration of Covenants and
Restrictions
applicable to said properties. The total debts of the Association (POA)
including the principal amount of such mortgages outstanding at any
time shall
not exceed the total of two (2) years assessments current at that time,
provided
that authority to exceed said maximum in any particular case may be
given by an
affirmative vote of two-thirds (2/3) of the votes of the members who
are voting
in person or by proxy at a meeting duly called for this purpose;
written notice
of which shall be mailed to all members at least thirty (30) days in
advance
and which written notice shall set forth the purpose of the meeting.
SECTION 5. Dedication of Properties
or Transfer of function to a Public Agency or Utility. The Association
(POA)
shall have the power to dispose of its real properties only authorized
under
the recorded Covenants and Restrictions applicable to said properties.
ARTICLE
VII
BOARD
OF DIRECTORS
SECTION 1. The Board of
Directors shall consist of (9)
nine members. At each annual meeting of the POA members, three (3)
members
shall be elected for a term of three (3) years.
SECTION 2. Vacancies on the Board of
Directors may be filled by appointment by the remaining members even if
the
remaining members are less than a majority of the full Board of
Directors. The
term of a Board Member appointed to fill a vacancy will continue for
the
unexpired term of his/her predecessor in office.
ARTICLE
VIII
OFFICERS
SECTION 1. The Officers shall
be a President, a Vice
President, a Secretary and a Treasurer. The President and Vice
President shall
be Members of the Board of Directors.
The Officers shall be chosen by a majority vote of the
Directors. All
Officers shall hold office at the pleasure of the Board of Directors.
SECTION 2. The members of the Board
of Directors shall be owner residents of the Village of Holiday Lake.
SECTION 3. The President and Vice
President shall be elected, as provided herein, for a term of one (1)
year and
shall be allowed to succeed them for an additional term of one (1)
year. All
other officers may serve at the pleasure of the Board of Directors.
SECTION 4. The election of Officers
shall take place at the first meeting of the Board of Directors
following the
annual meeting.
ARTICLE
IX
ELECTION
OF DIRECTORS – ELECTION COMMITTEE
SECTION 1. Election of the
Board of Directors shall be
by written ballot, which each member personally casts. The persons
receiving
the largest number of votes shall be elected.
SECTION 2. Nominations for
election to the Board of
Directors may be made by any POA member from the floor during the POA
meeting
held in January. Any POA member in good standing may nominate
themselves by
signing the posted nomination sheets on the bulletin boards and follow
the
instructions listed on these sheets.
SECTION 3. The Election
Committee shall consist of a
Chairman, who shall be appointed by the Board of Directors and three
(3) other
members appointed by the Chairman. The Chairman will be named during
the April
meeting of the Board of Directors.
SECTION 4. The Secretary
shall accept nominations from
and for members in good standing to the Board of Directors but not less
than
the number of vacancies that are to be filled. Nominations shall be
placed on a
written ballot as provided in SECTION 5 and shall be made in advance of
the
time fixed in SECTION 5 for the mailing of such ballot to members.
SECTION 5. All elections to
the Board of Directors shall
be made on written ballot, which shall:
(a)
Describe
the number of vacancies to be filled and the length of term to be
served.
(b)
Set
forth the names of those nominated. Position on ballot will be
determined by
lottery.
(c)
Contain
space for write in votes.
(d)
Be
mailed or hand delivered to the members at least thirty (30) days in
advance of
the date set forth therein for a return (which shall be a date not
later than
the day before the annual meeting or special meeting called for
elections).
SECTION
6. Each Lot shall be entitled to one
vote. Each member shall receive as many ballots as he has votes.
Notwithstanding that a member may be entitled to several votes, he
shall
exercise on any one ballot, only one (1) vote for each vacancy shown
thereon.
There shall be no cumulative voting.
SECTION
7. Any member of the Board of Directors
may be removed with or without cause by a vote of the majority of the
POA
members entitled to vote who are voting in person or by proxy at a duly
called
POA meeting called for this purpose. Written notice of a meeting for
this
purpose shall be sent to all POA members at least thirty (30) days in
advance.
SECTION
8. The election of members for the Board
of Directors for the POA shall be held at the annual meeting, the
fourth (4th)
Monday of March and the elected Directors shall take office at the next
meeting
of the Board of Directors.
ARTICLE
X
POWERS
AND DUTIES OF THE BOARD OF
DIRECTORS
SECTION 1. The Board of
Directors shall have the power:
(a)
To
call special meetings of the members whenever it deems necessary and it
shall
call a meeting at any time upon written request of one fourth (1/4) of
the
voting members.
(b)
By
majority vote to appoint or remove with or without cause any Officer.
By a
majority vote to appoint or remove with or without cause any employee
of the
POA; prescribe their duties; fix compensation and require of them such
security
or fidelity bond deemed expedient. Members of the POA, their spouses or
significant others, shall not be employed full or part time by the POA,
including officers, directors or residents.
(c)
To
recommend, levy and assess the annual assessment. The annual assessment
may not
be increased by an amount in excess of ten percent (10%) above the
assessment
for the previous year without the approval of a majority of POA members
who are
voting in person or by Limited Proxy, at a Regular or Special POA
meeting duly
called for this purpose.
(d)
Collect
the assessments or charges referred to in ARTICLE III, SECTION 2.
(e)
To
publish Rules and Regulations governing the use of Common Properties
and
facilities and the personal conduct of the members and their guests,
renters
and their guests thereon provided that any restrictions in the use of
the
recreational facilities are approved by a majority of POA members who
are
voting in person or by proxy at a meeting called for that purpose.
(f)
To
exercise for the POA all powers, duties and authorities vested in or
delegated
to the POA, except those reserved to the meeting or to its members in
the
Covenants. In the event that any member of the Board of Directors of
the POA
shall be absent from three (3) consecutive regular meetings of the
Board of
Directors without just cause, the Board may take action at the meeting
during
which said absence occurs to declare the
office of said absent Director to be vacant.
(g)
To
publish an operations manual containing all necessary policies and
procedures
for the daily functioning of the Village.
SECTION
2. It shall be the duty of the Board of Directors:
(a)
To
cause to be kept a complete set of records of all its acts and
corporate
affairs and to present a statement thereof to the members at the annual
meeting
and at all monthly and special meetings;
(b)
To
supervise all officers and employees of the POA and to insure that
their duties
and responsibilities are properly performed;
(c)
As
more fully provided in ARTICLE V of the Declaration of Covenants and
Restrictions applicable to The Properties;
(d)
To
send written notice of the meeting at which the Assessments will be
considered
specifically stating that Assessments will be considered and containing
a
statement of the nature of such assessments to every owner subject
thereto at
least thirty (30) days in advance of such date or period;
(e)
To
prepare a roster of the properties and assessments applicable thereto
which
will be kept in the office of the POA and shall be open to inspection
by any
member and at the same time;
(f)
To
issue, or cause to be issued upon demand, by any person a certificate
setting
forth whether any assessment has been paid. Such certificate shall be
conclusive evidence of any assessment therein stated to have been paid.
(g)
The
Board of Directors shall approve a budget no later than December 31st
of that year.
(h)
Require
an annual review of the Covenants and Restrictions, the By-Laws, the
Rules and
Regulations and the Operations Manual to ensure that they are current
and
appropriate.
SECTION
3. The Board of Directors will be limited, with the exception of
budgeted
items, to an expenditure of no more than $5,000.00 for any one (1) item
or
project that is considered a Capital Expenditure. Any amount exceeding
this
figure, for a Capital Expenditure, must have the approval of the POA
membership. Emergency situations, such as but not limited to fire,
flood,
hurricane, or storm damage that require expenditures in excess of
$5,000.00 may
be made by the Board of Directors to safeguard Common Properties.
Monies in the
reserve funds for specific items may not be moved to cover expenses on
other
items without the approval of a majority of the Members of the POA who
are
voting in person or by proxy at a regular or special meeting as
established in
the bylaws.
ARTICLE
XI
DIRECTORS
MEETING
SECTION
1. The Board of Directors shall hold monthly meetings. They may, by
resolution,
omit meetings during the summer months of May, June, July, August and
September.
SECTION
2. Special meetings of the Board of Directors will be held when called
by any
officer of the POA or by any two (2) Directors who provide not less
than three
(3) days notice of the meeting to each Director.
SECTION
3. Meetings of the Board of Directors shall be open to all members and
notices
of such meetings shall be posted in a conspicuous place on the Common
Property
at least 48 hours in advance except in an emergency.
SECTION
4. Minutes shall be maintained of all meetings.
SECTION
5. The majority of the Board of Directors shall constitute a quorum.
ARTICLE
XII
DUTIES
OF OFFICERS
SECTION
1. The Officers shall be a President, Vice President, Secretary and
Treasurer.
SECTION
2. The President shall preside at all
Board of Directors and POA meetings and shall insure that orders and
resolutions of the Board of Directors and POA meetings are carried out;
and if
in residence at VHL shall sign all notes, checks, leases, mortgages,
deeds, contracts
and all other written instruments.
SECTION
3. The Vice President shall perform all the duties of the President in
his/her
absence.
SECTION
4. The Secretary shall be responsible to ensure that:
(a)
A
permanent record of all votes is maintained and that the minutes of all
proceedings are kept in a book designed for that purpose (pages
numbered in
sequence.)
(b)
Sign
all certificates of membership.
(c)
Keep
the records of the POA.
(d)
Record
the names of all members of the POA together with their addresses as
registered
by such members.
SECTION
5. The Treasurer shall be responsible to insure that:
(a)
All
monies received are deposited in appropriate bank accounts of the POA
and shall
disburse such funds as directed by resolution of the Board of
Directors. A
resolution of the Board of Directors shall not be necessary for
disbursements
made in the ordinary course of business conducted within the limits of
the
budget. All checks and notes of the POA must be signed by two (2) of
the
following officers of the Board of Directors in the following order:
The
President, if in residence at VHL, Treasurer, Secretary or Vice
President. In
the event no two (2) officers are in residence, a second signature can
be a
member of the POA in good standing assigned from a list approved by the
officers of the Board of Directors.
(b)
Keep
proper books of accounts.
(c)
The
budget shall be discussed at the November POA meeting. The annual
balance sheet
statement shall be discussed at the annual meeting.
SECTION
6. The fiscal year shall be
January 1 through December 31.
SECTION 7. All officers shall be
bonded in an amount prescribed by the Board of Directors.
ARTICLE
XIII
THE
STANDING COMMITTEES OF THE POA SHALL BE:
1.
Audit
Committee
2.
Emergency
Preparedness and Neighborhood Watch Committee
3.
Election
Committee
4.
Environmental
Control Committee
5.
Governing
Documents Committee
6.
Finance
Committee
7.
Kitchen
Committee
8.
Maintenance
Committee
9.
Planning
Committee
10.
Publicity
Committee
11.
Recreation
Committee
12.
Ticket
Committee
13.
Waterfront
Committee
Unless
otherwise provided herein, each committee shall consist of a Chairman
and two
or more members. The committee Chair shall be appointed by the Board of
Directors. Any person wishing to Chair a Committee shall submit their
name and
committee preference in writing to the Board of Directors prior to the
regular
April Board meeting. All Chairs are appointed by the Board of Directors
at the
regular April Board meeting. The Board may appoint temporary committees
as
deemed desirable.
Committee
Chairman or alternate shall submit to the Board of Directors a list of
proposed
Committee actions for approval. Keep minutes of meeting held. Submit
names of
persons serving on their Committee. Post notice of meetings on bulletin
board
at least three (3) days in advance.
Each
Committee which receives or disburses funds, from whatever source
derived shall
include in its monthly report a complete accounting of such funds,
including
but not limited to a listing of funds received, disbursements made and
balances
retained.
SECTION
1. The Audit Committee shall accomplish a monthly review and be
responsible for
an annual review of the POA books by a CPA. The Treasurer shall be an
Ex-Officio
member of the Committee.
SECTION
2. The By-Laws Committee shall make an annual review of the By-Laws to
ensure
that they are current and appropriate. Make recommendations to the
Board of
Directors and POA for proposed changes in the By-Laws.
SECTION
3. Emergency Preparedness and Neighborhood Watch Committee. The
Emergency
Preparedness Committee shall prepare and keep on file a County Approved
Disaster Preparedness Plan. The Neighborhood Watch Committee shall
practice
established methods in preserving life and property.
SECTION
4. The Election Committee shall have the duties and functions described
in
ARTICLE IX and shall count and record
the voting on all matters coming before the POA that require written
ballots.
SECTION
5. The Environmental Control Committee shall have the duties and
functions described
in ARTICLE VI, Declaration of Covenants and Restrictions applicable to
The
Properties. It shall watch for any proposals, programs or activities
which may
adversely affect the residential value of The Properties and shall
advise the
Board of Directors regarding POA action on such matters.
SECTION
6. The Finance Committee shall prepare an annual budget by consulting
with the
Treasurer, the Board of Directors and the Accounting Firm if employed
by the
POA and will submit a proposed budget to the Board of Directors.
SECTION
7. The Maintenance Committee shall
recommend periodic maintenance and repair that should be accomplished
on the
interior and exterior of all Common Properties, including installed
property
and all recreational facilities. Recommend action to maintain all
Common
Properties including but not limited to sodding, seeding, fertilizing
and
dredging and to all plants, trees and shrubs to enhance the appearance
of the
buildings and areas. Recommend needed maintenance to all roads, parking
lots,
street signs, mailboxes, etc.
SECTION
8. The Planning Committee shall be responsible for developing new and
long
range proposals, plans and programs that will improve the Village of
Holiday
Lake for the betterment and enjoyment of all POA members.
SECTION
9. The Publicity Committee shall inform the members of activities and
functions
of the POA. After consulting with the Board of Directors, the President
shall
make such public releases and announcements as are in the best
interests of the
POA.
SECTION
10. The Recreational Committee shall advise the Board of Directors on
all
matters pertaining to the recreational programs and activities of the
Committee. The Committee will arrange seating and price. The Chair will
consult
with the Office regarding preparations for posters and the monthly
activity
calendar.
SECTION
11. The Ticket Committee shall prepare and offer for sale or
distribution all
tickets for POA sponsored functions. Shall consult with other
committees for
details of functions.
SECTION
12. The Kitchen Committee shall advise the Board of Directors on all
matters
pertaining to the Kitchen programs and activities by the Committee.
SECTION
13. Each committee shall have the power to appoint sub-committees and
may
delegate to the sub-committees any of its powers, duties and functions,
and
report to the parent committee.
SECTION
14. All Committee duties and responsibilities are more fully outlined
in the
Operations Manual of the Village of Holiday Lake.
ARTICLE
XIV
MEETINGS
OF MEMBERS
SECTION
1. The annual meeting of the members shall be held on the fourth (4th)
Monday of March in each year. If the day of the annual meeting of the
members
shall fall upon a holiday, the meeting will be held on the first (1st)
day following which is not a holiday.
SECTION
2. The POA membership shall hold regular meetings on the fourth (4th)
Monday of January and November.
SECTION
3. Special meetings of the members for any purpose may be called at any
time by
the President, Vice President, Secretary* or Treasurer* or any two (2)
or more
members of the Board of Directors, or upon written request of one
fourth (1/4th)
of the voting membership. (*When they are elected members of the Board
of
Directors)
SECTION
4. Notice of regular, annual and special meetings shall be given to the
POA
members by the President, Secretary or other Officer or person assigned
the
responsibility of providing notice to the POA. Unless otherwise
specified in
the Articles of Incorporation or By-Laws, the required notice shall be
given to
members not less than ten (10) days or more than sixty (60) days before
the
meeting date by posting on the bulletin board, hand delivery and by
sending a
copy of the notice through the mail, postage thereon fully prepaid to
the
address appearing on the books of the POA. Each member shall register
his/her
address at the POA office. For meetings at which Assessments will be
considered, written notice shall be sent at least thirty (30) days
prior to
such meeting specifically stating that Assessments shall be considered
and
containing a statement of the nature of such Assessments.
SECTION
5. Except as otherwise provided in the
Articles of Incorporation, Declaration of Covenants and Restrictions or
By-Laws, the presence at the meeting of members entitled to cast votes,
either
in person or by proxy, one third (1/3rd) of the votes of the
POA
shall constitute a quorum and decisions shall be made by a majority of
the
members voting in person or by proxy represented at a duly noted
meeting at
which a quorum is present.
SECTION
6. All POA meetings will be conducted in accordance with the latest
revised
edition of “Robert’s Rule of Order”.
SECTION
7. It shall be the duty of the Parliamentarian to advise the presiding
officer
on points of parliamentary law and also give similar advice to the POA
and the
Board of Directors when they request. If the Parliamentarian is asked
by the chair
for an opinion to be given publicly, to a meeting, the ruling must be
made by
the Chair.
ARTICLE
XV
PROXIES
SECTION
1. Homeowners may not vote by general proxy, but may vote by Limited
proxy.
Limited proxies and general proxies may be used to establish a quorum.
Limited
proxies may also be used for votes taken to amend the Articles of
Incorporation
or By- Laws for any matter that requires or permits a vote of the
homeowners.
SECTION
2. All proxies shall be in writing and filed with the Secretary. No
proxy shall
extend for a period ninety (90) days beyond the effective date for
which it was
issued. Each proxy will automatically
cease upon the sale by member of his home. A proxy can only be given to
a POA
member or to the proxy committee. Any proxy shall be effective for the
meeting
for which originally given and any lawful adjourned meeting thereof. A
proxy is
revocable at any time at the pleasure of the Property Owner who
executes it.
ARTICLE
XVI
BOOKS
AND RECORDS
SECTION
1. The books, records and papers of the POA shall at all times, during
reasonable business hours, and by appointment, be subject to inspection
by any
POA member. Books, records or papers shall not be removed from the
office area
except by permission of the President of the POA.
ARTICLE
XVII
CORPORATE
SEAL
SECTION
1. The POA shall have a seal in circular from having within its
circumference
the words: VILLAGE OF HOLIDAY LAKE OF CHARLOTTE COUNTY PROPERTY
OWNERS’
ASSOCIATION, INC., a not-for-profit Corporation, Incorporated in
Florida, 1980.
ARTICLE
XVIII
AMENDMENTS
SECTION
1. These Revised By-Laws may be amended at a regular or special meeting
of the
members by a vote of two thirds (2/3rds) of the POA members who are
voting in
person or by proxy, provided that those provisions of the Revised
By-Laws which
are governed by the Articles of Incorporation or applicable law; and
provided
further that any matter stated herein to be or which is in fact
governed by the
Covenants and Restrictions applicable to The Properties may not be
amended
except as provided for in such Covenants and Restrictions.
SECTION
2. In case of any conflict between the
Articles of Incorporation and these Revised By-Laws, the Articles of
Incorporation shall control; and in the case of any conflict between
the
Covenants and Restrictions applicable to The Properties referred to in
ARTICLE
1, SECTION 2 of these Revised By-Laws, the Covenants and Restrictions
shall
control.
These
By-Laws were duly adopted by the Board of Directors at its initial
meeting duly
held on the thirtieth (30th) day of June, 1980 and amended
and
approved at a duly held meeting of the POA on the seventeenth (17th)
day of February, 1986 and amended and approved at a duly held meeting
of the
POA on the twenty fifth (25th) day of March, 2002 and
amended and
approved at a duly held meeting of the POA on the twenty fourth (24th
) day of March, 2003, and amended and restated at a duly held meeting
of the
POA on the twenty second (22nd ) of March, 2004 and amended
and
restated at a duly held meeting of the POA on the twenty eighth (28th
) of November, 2005 and amended and restated at a duly held meeting of
the POA
on the twenty eighth day of January, 2008 and amended and restated at a
duly
held meeting on the twenty second (22nd) of November 2010.
IN
WITNESS WHEREOF
the POA has caused this instrument to
be executed by its President and Secretary duly authorized.
VILLAGE
OF HOLIDAY LAKE OF CHARLOTTE COUNTY PROPERTY OWNERS ASSOCIATION, INC.
By:
___________________________________
Paul Dow, President
By:
___________________________________
Mariann
Bond, Secretary
OR
648 PG 847
SCHEDULE
“A”
Lots situated in THE VILLAGE OF
HOLIDAY LAKE according to the plat thereof as recorded in Plat Book 15
at Pages
5A through 5F of the Public Records of Charlotte County, Florida as
shown on
Schedule “A” attached hereto.
Lots situated in the First (1st)
Re-Plat in THE VILLAGE OF HOLIDAY LAKE according to the plat thereof
recorded
in Plat Book 15 at Page 40A of the Public Records of Charlotte County,
Florida.
Lots situated in Unit Two (2) of THE
VILLAGE OF HOLIDAY LAKE according to the plat thereof recorded in the
Public
Records of Charlotte County, Florida in Plat Book 15 at pages 51A
through 51C.
OR648
PG 848
SCHEDULE “B”
Block 1, Loris Court, Tracts A, B,
C, D, F, G, H, I, J, K, L and S and all private streets and roads
including
that part of Marathon Boulevard adjacent to Village of Holiday Lake as
they
appear in said plat excepting there from Butterford Waterway (which has
been
dedicated to the public) in Village of Holiday Lake according to the
plat
thereof recorded in Plat Book 15 at Pages 5A through 5F of the public
records
of Charlotte County, Florida;
Tracts A1, A2, A3, and A4 as well as
all private streets and roads including that part of Marathon Boulevard
adjacent to Village of Holiday Lake according to the plat thereof
recorded in Plat
book 15 at Page 40A of the public records of Charlotte County, Florida;
and
Tract A1, A2, and A3 as well as all
private streets and roads including that part of Marathon Boulevard
adjacent to
Village of Holiday Lake as they appear in said plat of Unit Two of
Village of
Holiday Lake according to the plat thereof recorded in the public
records of
Charlotte County, Florida in Plat book 15 at Pages 51 A through 51C.
OR773
PG 1642-1644
All
of Tract D of THE VILLAGE OF HOLIDAY LAKE, a subdivision according to
the plat
thereof, as recorded in Plat Book 15, Page 5A, of the Public Records of
Charlotte County, Florida, less and excepting the easterly 159.25 feet
of Tract
D which was previously conveyed to El Jobean/Gulf Cove Fire District by
Warranty Deed dated April 17, 1984, recorded May 14, 1984 at O/R Book
773, Pages
1642 through 1644 of the public records of Charlotte County, Florida.
ATTACHMENT
1