By-Laws of Detroit Beach Association, Inc.
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 given to each lot owner(s) at least ten (10) days in advance.
At said annual meeting any voting that needs to be done will occur, 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 provided to the lot owners at said meeting.
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 three years 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 last Wednesday of each 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
Duties of Officers
The President shall preside at all meetings of lot owners and Trustees. The President shall have 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. The President shall sign all checks of the Association, together with the Treasurer. The President shall sign, together with the Secretary of the Board, all contracts, and documents that may be authorized by the Board of Trustees. The President shall appoint the following standing committees:
Law and Order
Grounds, Building and Maintenance
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.
The duties of the Vice President shall be to work closely with, act for and in place of the President in his or her absence, and he or she shall be vested with the same powers and authority when so acting.
The Board of Trustee 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 this purpose. He or 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 or 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. The secretary 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 or her term, the Secretary shall deliver all books, records and other documents pertaining to the Association, which he or she has in his or her possession, to his or her successor in office, or to the Board of Trustees.
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 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. The treasurer shall disburse the funds of the Association, as may be ordered by the Board of Trustees by check, signed by self and countersigned by the President, taking proper vouchers therefore and the treasurer shall render to the President and the Board of Trustees at their regular meetings, or whenever they may require, an account of all his or her transactions, and of the financial condition of the Association, and 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 or 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 much of the Board concurs therewith.
Management and Use of Office and Common Property
The management of the Office and common property shall be under the supervision of the President and in absence of the president, then the Officers of the Board. The duties of any employee, contractor or volunteer that may be employed or contracted by the Association shall be in accordance with the instructions of the Associations Board of trustees and subject to the approval of the President and/or Officers of the Board.
The names of all members of all committees shall be posted in a prominent place in the Office.
No alcoholic beverages or motorized vehicles (Association work vehicles and equipment exempt) will be allowed 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 common ground area immediately and will lose access to common ground area for one year.
The Board of Trustees of Detroit Beach Association Inc. shall have full and complete power and authority to make such rules and regulations regarding the management of any office staff and use of the common property as the majority of Board of Trustees feels is necessary for the good of the Association and the lot owners.
Should any lot owner violate, damage, deface or mistreat, in any manor, the constitutional provision that the use of common property shall not be for private gain, said lot owner will forfeit his or her right to such privilege for one year. This pertains to all articles regarding common grounds (roads, parks, pavilions, benches, seawalls, tables, play, equipment, etc.)
No property or equipment belonging to the Association shall be taken from or used outside of the Association common area, nor shall any tables, benches or other equipment be removed from the park or other commonly owned property or lot owner responsible will lose rights to all common areas for one year.
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.
No pets shall be allowed to run at large upon the common property at any time. All pets must always be on a 6 ft. leash while in common areas.
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, beaches, and roads, 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 by-laws. During said 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.
The qualifications necessary for a person to hold office or be terminated from 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 or she has an interest, paid in full, and they 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 will have a criminal background check done.
Each candidate for Trustee must have never been previously dismissed from a trustee position with this association board for theft, discrimination, physical altercation with a resident or board member, made a proven threat to a board member or resident to commit violence or created an unsafe work and residential environment. If the board member was terminated for nonperformance, being disagreeable or any minor offense, it is up to the new, nonterminating board to reaccept individual as a perspective applicant.
Termination of any board member abides by the State of Michigan Employment and volunteer laws. Jobs must be completed according to board title or as requested in common area, if you are not participating you are not an active volunteer. A safe and mutual respect, nondiscriminatory work environment is expected. Theft is not tolerated and is ground for permanent, not open for discussion termination. Theft could lead to legal charges
The maximum annual assessment per lot in said subdivisions is now $.80 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 homes/buildings normally face on that street, with exception to corner lots which angle out along the front of the property at an exterior angle, and the owner shall only pay assessments for one frontage per lot.
A change in said assessments/ HOA fees may be proposed by the Board of Trustees. Before becoming effective, the change in assessments/ HOA must be approved by the 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 $100.
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.
MiRules and regulations governing meetings and election may be promulgated by the Board of Trustees; provided always that they shall not conflict with the provisions of State of Michigan Laws, the Articles of Incorporation or in conflict with the by-laws of said Association.
The Board of Trustees shall have no power, without the approval of four-fifths of all the lot owners, to give or sell any property in said subdivision. As hereinbefore stated, each lot owner shall be entitled to one vote.
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 the lot owners in writing. As hereinbefore provided, each lot owner shall be entitled to one vote.
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.
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.
Wherever in the Articles of Incorporation or Bylaws reference is made to many 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.
No lot owners or group of lot owners shall be permitted to use the common grounds for private gain.
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 shall be given to all lot owners of said meeting. Said notice may be served personally, by mail, email, website, physical marque and/or public notice, if the latter, may be done by posting such notice in the Post Office in Monroe, Michigan. 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.
The majority of the lot owners present and voting on any such meeting for trustees, assessment/HOA fees changes, and sale of common property 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.
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, by mail, email or public notice 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.
Changes in the Articles of Incorporation shall be made only by majority vote of all lot owners voting and the approval of the court systems. An Attorney is required. New amendments to the by-laws shall be made only by majority vote of all lot owners voting at the annual meeting. Each lot owner being entitled to only one vote at any such election.
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. Thereafter, the By-Laws may have new amendments added or current deleted by a majority vote of the lot owners present and voting at any annual meetings. Clarification, deletion of illegal or obsolete clauses and five (5) year updating by-laws according to legality, meetings, any assessment fee changes that were previously voted on and in order to keep the bylaws current, are only subject to vote by board members. Each lot owner being entitled to only one vote at any such election.
The wording in the By-Laws should always coincide with state and local law as well as the Articles of Incorporation, this is the chain of power. By-law wording should be reviewed every five years as to keep the wording consistent with legalities, updates are to be approved by the board only, for change is not taking place, just provision of clarity.
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 plan and prepare for the maintenance and repairs on all common ground structures within the Detroit Beach Association. This committee shall also supervise the maintenance of all common property, 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.
The Government of Detroit Beach Association, Inc. is hereby vested in a Board of nine (9) trustees; five (5) trustee and four (4) officers. The four (4) trustee officers shall consist of; president, vice president, treasurer, and secretary to serve for three years; these four are voted in by the board. The other five trustees will be voted on according to need, and/or nominated, at the annual meeting. Each lot owner being entitled to only one vote at any such election.
Every annual meeting will include a summary of the finances for the fiscal year and a ballot of trustees that need to be formally voted onto the board.