Wekiva Hunt Club Community Association










By Laws

BY-LAWS OF 

THE WEKIVA HUNT CLUB COMMUNITY ASSOCIATION 

ARTICLE I

 

            NAME AND LOCATION.     The name of the corporation is THE WEKIVA HUNT CLUB COMMUNITY ASSOCIATION, INC.  hereinafter referred to as the “Association’.  The mailing address of record of the corporation is 197 N. Hunt Club Blvd., Longwood, FL  32779.  Meetings of Members and Directors may be held at such places within the State of Florida, County of Orange or Seminole, as may be designated by the Board of Directors.

 

ARTICLE II

DEFINITIONS

 

            Section 1.  “Association” shall mean and refer to THE WEKIVA HUNT CLUB COMMUNITY ASSOCIATION, INC., its successors and assigns.

 

            Section 2.  “Properties” shall mean and refer to that certain real property described in the Declaration of Covenants, Conditions and Restrictions, and such additions thereto as may hereafter be brought within the jurisdiction of the Association.

 

            Section 3.  “Common Area” shall mean all real property owned by the Association for the common use and enjoyment of the Owners.

 

            Section 4.   ‘Lot” shall mean and refer to any plot of land shown upon any recorded subdivision map of the Properties with the exception of the Common Area.

 

            Section 5.    “Owner”  shall mean and refer to the record owner, whether one or more persons or entities, of the fee simple title to any Lot which is a part of the Properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation.

 

            Section 6.  “Declarant” shall mean and refer to THE GREATER CONSTRUCTION CORP., a Florida corporation, UNITED ASSOCIATES, INC., a Florida corporation, MAGNOLIA SERVICE CORPORATION, a Florida corporation, and also THE WEKIVA HUNT CLUB, INC., a Florida corporation and  MAGNOLIA SERVICE CORPORATION,  a Florida corporation, trading and doing business as THE WEKIVA HUNT CLUB, a joint venture, its successors and assigns if such successors or assigns should acquire more than one undeveloped Lot from the Declarant for the purpose of development.

 

            Section 7.  “Declaration” shall mean and refer to the Declaration of Covenants, Conditions, and Restrictions applicable to the Properties which is recorded among the Public Records of Seminole County, Florida.

 

            Section 8.  “Member” shall mean and refer to those persons entitled to Membership as provided in the Declaration.

 

ARTICLE III

MEETING OF MEMBERS

 

            Section 1Annual Meetings.  The first annual meeting of the Members shall be held within one year from the date of incorporation of the Association, and each subsequent regular annual meeting of the Members shall be held on a day during April and at an hour, both to be determined by the Board of Directors.

 

            Section 2Special Meetings.  Special meetings of the Members may be called at any time by the President or by the Board of Directors, or upon written request of one-forth (1/4) of the Members.

 

            Section 3Notice of Meetings.  Written notice of each meeting of the Members shall be given by, or at the direction of, the Secretary or person authorized to call the meeting, by mailing a copy of such notice, postage prepaid, at least 15 days before such meeting to such Member entitled to vote thereat, addressed to the Member’s address last appearing on the books of the Association, or supplied by such Member to the Association for the purpose of notice.  Such notice shall specify the place, day and hour of the meeting, and in the case of a special meeting, the purpose of the meeting.

 

            Section 4.  Quorum.  The presence at the meeting of the Members entitled to cast, or of proxies entitled to cast, one-tenth (1/10) of the votes of the membership shall constitute a quorum for any action except as otherwise provided in the Articles of Incorporation, the Declaration, or these By-Laws.  If, however, such quorum shall not be present or represented at any meeting, the Members entitled to vote thereat shall have the power to adjourn the meeting, until a quorum as foresaid shall be present or be represented.

 

            Section 5Proxies.  At all meetings of Members, each Member may vote in person or by Proxy.  All proxies shall be in writing and filed with the Secretary.  Every proxy shall be revocable and shall automatically cease upon conveyance by the Member of his Lot.

 

ARTICLE IV

BOARD OF DIRECTORS: SELECTION: TERM OF OFFICE

 

            Section 1Number.   The affairs of this Association shall be managed by a Board of Directors who shall number not less than three nor more than seven, which Directors need not be members of the Association.

 

            Section 2Term of Office.  Directors shall be elected for a term of three (3) years with staggered terms to continue in the same manner as they existed on January 1, 1981.

 

            Section 3Removal.  Any Director may be removed from the Board, with or without cause, by a majority vote of the Members of the Association.  In the event of death, resignation or removal of a Director, his successor shall be selected by the remaining Members of the Board and shall serve for the unexpired term of his predecessor.

 

            Section 4Compensation.  No Director shall receive compensation for any service he may render to the Association.  However, any Director may be reimbursed for his actual expenses incurred in the performance of his duties.

 

            Section 5.  Action Taken Without a Meeting.   The Directors shall have the right to take any action in the absence of a meeting which they could take at a meeting by obtaining the written approval of all the Directors.  Any action so approval shall have the same effect as though taken at a meeting of the Directors.

 

ARTICLE V

NOMINATION AND ELECTION OF DIRECTORS

 

            Section 1Nomination.  Nomination for election to the Board of Directors shall be made by a Nominating Committee.  Nominations may also be made from the floor at the annual meeting.  The Nominating Committee shall consist of a Chairman, who shall be a member of the Board of Directors, and two or more Members of the Association.  The Nominating Committee shall be appointed by the board of Directors sixty (60) days prior to each annual meeting of the Members.  The Nominating Committee shall make as many nominations for election to the Board of Directors as it shall in its discretion determine, but not less than the number of vacancies that are to be filled.  Such nominations may be made from among the Members of non-Members.

 

            Section 2Election.  Election to the Board of Directors shall be by written ballot.  Counting of the ballots will be by the Supervisor of Elections and his committee, elected or appointed from volunteers at the annual meeting.  The supervisor will oversee the counting and certify the results.  At such election the Members or their proxies may cast, in respect to each vacancy, as many votes as they are entitled to exercise under the provisions of the Declaration.  The persons receiving the largest number of votes shall be elected.  Cumulative voting is not permitted.

 

ARTICLE VI

MEETING OF DIRECTORS

 

            Section 1.  Regular Meetings.  Regular meetings of the Board of Directors shall be held monthly without notice, as such place and hour as may be fixed from time to time by the Board.

 

            Section 2.  Special Meetings.  Special meetings of the Board of Directors shall be held when called by the President of the Association, or by any two Directors, after not less than three (3) days notice to each Director.

 

            Section 3Quorum.  A majority of the number of Directors shall constitute a quorum for the transaction of business.  Every act or decision done or made by a majority of the Directors present at a duly held meeting at which a quorum is present shall be regarded as the act of the Board.

 

 

 

 

ARTICLE VII

POWERS AND DUTIES OF THE BOARD OF DIRECTORS

 

            Section 1. Powers.  The Board of Directors shall have power to:

 

(a)    adopt and publish rules and regulations governing the use of the Common Area and facilities, and the personal conduct of the Members and their guests thereon, and to establish penalties for the infraction thereof;

 

(b)    suspend the voting rights and right to use of the recreational facilities of a Member during any period in which such Member shall be in default in the payment of any assessment levied by the Association.  Such rights may also be suspended after notice and hearing, for a period not to exceed 60 days for infraction of published rules and regulations;

 

(c)    exercise for the Association all powers, duties and authority vested in or delegated to this Association and not reserved to the Membership by other provisions of these By-Laws, the Articles of Incorporation, or the Declaration;

 

(d)    declare the office of a member of the Board of Directors to be vacant in the event such member shall be absent from three (3) consecutive regular meetings of the board of Directors; and

 

(e)    employ a manager, an independent contractor, or such other employees as they deem necessary, and to prescribe their duties.

 

Section 2. Duties.   It shall be the duty of the Board of Directors to:

 

(a)    cause to be kept a complete record of all its acts and corporate affairs and to present a statement thereof to the Members at the annual meeting of the Members, or at any special meeting when such statement is requested in writing by one-forth (1/4) of the members;

 

(b)    supervise all officers, agent and employees of this Association, and to see that their  duties are properly performed;

 

(c)     as more fully provided in the Declaration, to:

 

(1)     fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period;

 

(2)     send written notice of each assessment period; and

 

(3)     foreclose the lien against any property for which assessments are not paid within (30) days after due date or to bring action at law against the owner personally obligated to pay the same.

 

(d)   issue, or to cause an appropriate officer to issue, upon demand by any person, a certificate setting forth whether or not any assessment has been paid.  A reasonable charge may be made by the Board for the issuance of these certificates.  If a certificate states an assessment has been paid, such certificate shall be conclusive evidence of such payment;

 

(e)    procure and maintain adequate liability and hazard insurance on property owned by the Association;

 

(f)     cause all officers or employees having fiscal responsibilities to be bonded, as it may deem appropriate;

 

(g)    cause the Common Area to be maintained.

 

 

ARTICLE VIII

OFFICERS AND THEIR DUTIES

 

            Section 1Enumeration of Officers.  The officers of this Association shall be a President and Vice-President, who shall at all times be members of the Board of Directors, a Secretary, and a Treasurer, and such other officers as the Board may from time to time by resolution create.

 

            Section 2Election of Officers.  The election of officers shall take place at the first meeting of the Board of Directors following each annual meeting of the Members.

 

            Section 3Term.   The officers of this Association shall be elected annually by the Board and each shall hold office for one (1) year unless he shall sooner resign, or shall be removed, or otherwise disqualified to serve.

 

            Section 4Special Appointments.  The Board may elect such other officers as the affairs of the Association may require, each of whom shall hold office for such period, have such authority, and perform such duties at the Board may, from time to time, determine.

 

            Section 5Resignation and Removal.  Any officer may be removed from office with or without cause by the Board.  Any officer may resign at any time giving written notice to the Board, the President or the Secretary.  Such resignation shall take effect on the date of receipt of such notice or at any later time specified therein, and unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective.

 

            Section 6Vacancies.  A vacancy in any office may be filled by appointment by the Board.  The officer appointed to such vacancy shall serve for the remainder of the term of the officer he replaced.

 

            Section 7.  Multiple Offices.  The office of Secretary and Treasurer may be held by the same person.  No person shall simultaneously hold more than one of any of the offices except in the case of special offices created pursuant to Section 4 of this Article.

 

            Section 8Duties.   The duties of the officers are as follows:

 

President

                       

(a)                            The President shall preside at all meeting of the Board of Directors; shall see that orders and resolutions of the Board are carried out; shall sign all leases, mortgages, deeds and other written instruments and shall co-sign all promissory notes.

 

Vice-President

 

(b)                            The Vice-President shall act in the place and stead of the President in the event of his absence, inability or refusal to act, and shall exercise and discharge such other duties as may be required by him by the Board.

 

Secretary

 

(c)                            The Secretary shall record the votes and keep the minutes of all meetings and proceedings of the Board and of the Members; keep the corporate seal of the Association and affix it on all papers requiring said seal; serve notice of meetings of the Board and of the Members; keep appropriate current records showing the members of the Association together with their addresses, and shall perform such other duties as required by the Board.

 

Treasurer

 

(d)                            The Treasurer shall receive and deposit in appropriate bank accounts all                                         monies of the Association and shall disburse such funds as directed by the Board of Directors; shall sign all promissory notes to the Association; keep proper books of account; cause an annual audit of the Association Books to be made by a public accountant at the completion of each fiscal year; and shall prepare an annual budget and a statement of income and expenditures to be represented to the Membership at its regular annual meeting, and deliver a copy of each to the members.

 

 

  

 

 

 

ARTICLE IX

COMMITTEES

 

SECTION 1

            The Association shall appoint an Architectural Control Committee, as provided in the Declaration, and a Nominating Committee, as provided in these By-Laws.  In addition, the Board of Directors shall appoint other committees as deemed appropriate in carrying out its purpose.

 

ARTICLE X

BOOKS AND RECORD

 

            The books, records and papers of the Association shall at all times, during reasonable business hours, be subject to inspection by any Member.  The Declaration, the Articles of Incorporation and the By-Laws of the Association shall be available for inspection by any Member at the principle office of the Association, where copies may be purchased at reasonable cost.

 

 

ARTICLE XI

ASSESSMENTS

 

            As more fully provided in the Declaration, each Member is obligated to pay to the Association annual and special assessments which are secured by continuing lien upon the property against which the assessment is made.  Any assessments which are not paid when due shall be delinquent.  If the assessment is not paid within thirty (30) days after the due date, the assessment shall bear interest from the date of delinquency at the rate of eighteen (18%) percent per annum, and the Association may bring an action at law against the Owner personally obligated to pay the same or foreclose the lien against the property, and interest, costs, and reasonable attorney’s fees of any such action shall be added to the amount of such assessment.  No Owner may waive or otherwise escape liability for the assessments provided for herein by nonuse of the Common Area or abandonment of his Lot.

 

ARTICLE XII

CORPORATE SEAL

 

            The Association shall have a seal in circular form having within its circumference the words:    THE WEKIVA HUNT CLUB COMMUNITY ASSOCIATION, INC.  A CORPORATION NOT FOR PROFIT.

 

ARTICLE XIII

AMENDMENTS

 

            Section 1.  These By-Laws may be amended, at a regular or special meeting of the Members, by a vote of majority of a quorum of Members present in person or by proxy.

 

            Section 2.  In case of any conflict between the Articles of Incorporation and these By-Laws, the Articles shall control; and in the case of any conflict between the Declaration and these By-Laws, the Declaration shall control.

 

ARTICLE XIV

MISCELLANEOUS

 

            The fiscal year of the Association shall begin on the first day of January and end on the 31st day of December of every year, except that the first fiscal year shall begin on the date of incorporation.

 

CERTIFICATION

 

            I, the undersigned, do hereby certify:  That I am the duly elected and Acting Secretary of the Wekiva Hunt Club Community Association, Inc., a Florida corporation, and,

            That the foregoing By-Laws constitute the By-Laws of said Association, as duly adopted at a meeting of the Board of Directors thereof, held on the 1st day of July, 1981.

 

 

_______________________________

                                                                                                            Secretary         

 

 

AMENDMENT TO BY-LAWS

 

OF

 

THE WEKIVA HUNT CLUB COMMUNITY ASSOCIATION, INC.

              

ARTICLE XV

FINES AND PENALTIES AGAINST MEMBERS

 

            In addition to all other remedies available to the Association, a fine or fines may be imposed upon an Owner, or upon an owner's tenant, guest, or invitee, for failure of an owner, his family, tenant, guests, invitee or employees, (hereinafter “Owner”), to comply with the terms of any Wekiva document, including but not limited to, the Declaration(s), Articles of Incorporation, these By-Laws and reasonable rules and regulations, provided the following procedures are adhered to in a manner consistent with current statutory procedural requirements:

(i)                  Notice and Hearing:  The Association shall notify the Owner or the Owner's tenant, guest, or invitee of the alleged infraction or infractions and provide an opportunity to be heard on the alleged infraction prior to the imposition of any fine(s).  Due process rules shall be adopted from time to time by the Board of Directors governing the notice and hearing.  At a minimum, the rules to be adopted by the board must require that the notice of the hearing include the alleged infraction, the date, time and place that the hearing will be held and require that the notice be served on the Owner at least fourteen (14) days prior to such hearing.  In addition, in accordance with applicable law, no fine shall become effective until it has been ratified by an impartial committee appointed by the Board.

(ii)                Penalties:  If, after a full due process hearing, the Board of Directors finds that an infraction or infractions has occurred, it may impose fines against the Owner or the Owner's tenant, guest, or invitee as follows, provided that such fines are ratified by the impartial committee required by applicable law:

A fine not in excess of One Hundred Dollars ($100.00) per day for each day that a violation continues, not to exceed Two Thousand Five Hundred Dollars $2500.00), U.S.

(iii)               Payment of Penalties:  Fines shall be paid not later than five (5) days after notice of the imposition of the fine(s) and ratification of the fine by the impartial committee as required by applicable law.

(iv)              Collection of Fines:  Fines imposed hereunder shall be deemed an indebtedness due the Association from the Owner against whom it is imposed, which shall bear interest at the highest lawful rate until paid.  The Association may collect said fine(s) using any method permitted by law or in equity, including availing itself of the remedies afforded the Association under Article IV, Sections 1 and 8 and Article VII of the "Declaration of Covenants, Conditions and Restrictions for Wekiva Hunt Club."  Should it be necessary for the Association to employ an attorney to collect such indebtedness, in addition to such interest, the Association shall be entitled to recover the costs and expenses thereof, together with a reasonable attorney’s fee.

(v)                Application of Penalties:  All monies received from fines shall be allocated as directed by the Board of Directors.

(vi)              Non-exclusive remedy:  these fines shall not be construed to be exclusive, and shall exist in addition to all other rights and remedies to which the Association may be otherwise legally entitled; provided, however, any penalty paid by the offending Owner shall be deducted from or offset against any damages which the Association may otherwise be entitled to recover by law from such Owner.

 

Adopted 4/28/16