BYLAWS FOREST LAKE ESTATES HOME OWNERS ASSOCIATION (FLE HOA) 2016
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1 Article I: Name and Purpose BYLAWS Section 1. The name of the Association is Forest Lake Estates Home Owners Association, a not-for-profit association. It is also known by its acronym FLE HOA. Section 2. The Association represents all the residents of Forest Lake Estates, a mobile home park located in Zephyrhills, Florida. It exercises the rights of leaseholders as outlined in Chapter 723 of the Florida Statutes, known as the Florida Mobile Home Act. It will ensure that the Park owner is in compliance with all applicable Florida Statutes including Chapter 723, and the Forest Lake Estates Prospectus. It will monitor any Rules and Regulations established by the Park owner to ensure that they are administered fairly and equitably to all residents regardless of their status as a shareholder or not. Section 3. The Association will strive to promote friendship and harmony between all residents and, in particular, its relationship with the Park owner, Equity LifeStyle Properties. Section 4. This Bylaw incorporates the requirements of Chapter 723 of the Florida Statutes. Section 5. A majority of the elected Board members present constitutes a quorum for a Board of Directors Meeting to be held. A majority of members in good standing present at a General Membership Meeting constitutes a quorum. Article II: General Membership Section 1. Every person who owns a home and is subject to pay lot rent to Equity LifeStyle Properties is eligible for membership in the Association. Section 2. A member in good standing must have annual dues fully paid. A membership year shall consist of the twelve (12) month period commencing with January through December. Dues not paid as of January 1 will result in a suspension of membership privileges until the dues are paid. Membership ceases when the member is no longer eligible for membership. Members are not entitled to any assets or property of the Association. Article III: Board of Directors Section 1. The Association will be governed and administered by a Board of Directors consisting of seven (10) members. The Board of Directors is responsible for providing the leadership and administration of tenants rights as outlined in Chapter 723 of the Florida Statutes, the Florida Mobile Home Act. Section 2. Responsible for appointing a committee to negotiate all rent increases with representatives of the Equity LifeStyle Properties. The Board will be responsible for approving any negotiated changes. The Board will report back these negotiated changes and receive approval by the general membership at the next regularly scheduled meeting. 1
2 Section 3. Monitors park management compliance with Forest Lake Estates Prospectus, administration of Park Rules and Regulations, and other business matters that impact Association members as tenants. Section 4. Meets regularly to discuss Park issues, develop budgets, and to exercise all of the responsibilities outlined in the Florida Statutes, county and local ordinances, and to address concerns of the membership. All meetings, except ones called to discuss rent negotiation strategies, are open to all members. Notice of all Board Meetings will be posted in a conspicuous place at least forty-eight (48) hours in advance of the meeting except in an emergency. Section 5. Any member in good standing of the Association may be eligible for a Board position but no more than one (1) member of a household may serve at the same time. Section 6. Directors will be elected to a term of two (2) years. Elections will be held annually with vacancies to be filled on a staggered basis on the following schedule: Four (5) Directors will be elected during even years taking office in January Example:, 2018, etc. Three (5) Directors will be elected during odd years taking office in January Example: 2017, 2019, etc. Article IV: Election of Board of Directors Section 1. The Board will establish a nominating committee at least thirty (30) days prior to the December General Membership Meeting to solicit candidates for the Board. The committee will report the results of its efforts and nominate all of the qualified candidates. Each nominee will have the opportunity to accept or decline the nomination. Additional nominations will be accepted at the December meeting from the floor during the meeting. After calling for any additional nominations from the floor, the presiding officer will then declare the nominations closed. Section 2. An election for vacancies on the Board will be conducted at the January General Membership Meeting. Each Association member in good standing as of the date of the election is entitled to cast one (1) vote. A polling committee will be appointed to conduct the vote by written ballot. Printed ballots with the names of the nominees listed alphabetically will be distributed and collected by the polling committee. The use of an absentee ballot may be requested from the Board Secretary by a member who is unable to be present due to physical limitations or geographical absence. The absentee ballot must be received by the Board Secretary at least two (2) days prior the election. The absentee ballot must be sealed in a blank envelope. That envelope must be sealed into another envelope marked Absentee Ballot showing the name and lot number of the member voting by absentee ballot. The Board Secretary will deliver the received absentee ballots to the polling committee at the time the polling committee commences the ballot count. Section 3. Valid ballots shall have only nominated directors on them and there shall be no other markings on the ballot except for a vote for the number of nominated directors. Any ballot that 2
3 has any other markings (example: write-in names, too many directors selected, or individuals who have not been nominated by the committee or from the floor) shall be placed in a separate pile and not counted. The polling committee will report the final count of votes for each candidate to the presiding officer. The presiding officer will announce the names of the newly elected Board members. Section 4. The Association Secretary retains all ballots for fourteen (14) days. Should no recount be requested by any candidate within the fourteen (14) day period, the Secretary will then destroy the ballots after the ballot totals are recorded in the January General Meeting Minutes. Section 5. If any Board member is unable or unwilling to serve the fully elected term, the Board of Directors will elect any willing and eligible member to fulfill the remainder of the term of the departing Board member. Article V: Duties and Responsibilities of Directors and Officers Section 1. Officers of the Association will be elected by and from the Board of Directors. All officers will serve without compensation. These are the positions and their related duties: President - President or presiding officer conducts all meetings of the Association and will discharge the duties of a presiding officer according to Roberts Rules of Order. The President, together with the Treasurer, will be the custodian of the Association funds. All Association expenditures over $ must be approved by the FLE HOA general membership. Vice President - In the absence or disability of the President, discharges the duties of the President. Secretary - Keeps the Association seal and, when directed to do so by the Board, will affix the seal to any appropriate document. Keeps minutes of all meetings including Board meetings, General Membership meetings and any special meetings called by the Board or general membership. Makes available all approved minutes for inspection by members at reasonable times and places. All minutes will be maintained for a period of seven (7) years. Issues absentee ballots to members in good standing for elections. Prepares correspondence and presents all incoming communications to the Board. In the absence of the President and the Vice President, performs the duties of the President. (Ref e) Treasurer - In conjunction with the President, is responsible for the safekeeping of Association s funds. Keeps a full and accurate accounting of all incoming funds and disbursements in financial records for the Association. As directed by the Board, deposits funds in appropriate accounts in federally ensured bank. Issues checks with completed amounts and co-signed by the President. Only in the absence of the President, can any other officer be the co-signer of any issued check. 3
4 Section 2. The six (6) Board members not elected to officer positions are to assist the officers in conducting the business of the Association. Any vote by the non-officer Board member carries the same status of an officer. Section 3. The mid-term Board members along with any newly elected Board members will meet within 30 days after the January General Meeting to elect the officers for the coming year. Article VI: Removal of Directors Section 1. Between Oct 1 and April 30 of each year, any Director may be removed from office, with or without cause, by the vote of or agreement in writing by a majority of all members in good standing of the Association. A special general membership meeting may be called by ten percent (10%) of all members in good standing of the Association to recall any Director or Directors giving written notice of the meeting as required for a meeting of members and the notice will contain the purpose of the meeting. A majority vote of all members present in good standing shall be necessary to remove any Board member. (Ref j) Article VII: General Membership Duties and Meetings Section 1. Members are responsible for payment of annual dues as determined by the Board of Directors. Responsible for bringing concerns to the attention of Park management and then to the Association through the Board of Directors. Annually elects the Board of Directors. Approves an annual budget developed by the Board at the General Membership Meeting in February. Section 2. General Membership Meetings will be scheduled as needed but at least monthly during the months of October, November, December, January, February, March, and April on the second Thursday of the month and at other times as necessary. Notice of these meetings will be posted in a conspicuous place at least forty-eight (48) hours in advance. Section 3. The Annual General Membership Meeting will take place on the second Thursday of February each year at Forest Lake Estates Clubhouse unless otherwise notified. Newly elected Board members will be installed at the annual meeting. Election of Board members will take place on the second Thursday in January at the Forest Lake Estates Clubhouse unless otherwise notified. Notice of the annual Meeting and proposed budget shall be posted in conspicuous places on the Forest Lake Estates property at least thirty (30) days prior to the date of the meeting. Sufficient copies of the agenda and proposed budget must be in containers on the Forest Lake Estates property for those members who wish to have copies. Article VIII: Audits and Inventories Section 1. An audit of the Association s books, documents and records shall be made annually at the end of the fiscal year by the Treasurer and three (3) qualified members in good standing in the Association. The Audit Committee shall have access to all of the Association s books, documents, and records to ensure that the task by the Association was in accordance with F.S. Chapter 723. The Audit Committee shall prepare and submit an audit report to the President at the Board meeting within thirty (30) days of their assignment. After the Audit report is accepted by the Board, a copy shall be posted in a conspicuous place on the Forest Lake Estates 4
5 property not later than thirty (30) days after it is received and must remain posted for thirty (30) days. Section 2. An inventory of the Association s equipment and supplies shall be made annually at the end of the fiscal year by the Treasurer and one (1) Board member. They shall prepare and submit an inventory report to the President at the Board meeting within thirty (30) days of their assignment. After the inventory report is accepted by the Board, a copy shall be posted in a conspicuous place on the Forest Lake Estates property not later than thirty (30) days after it is received and must remain posted for thirty (30) days. Article IX: Amendments to the By-Laws of the Association Section 1. Proposed changes to the Bylaws must be presented in writing to the Board Secretary. The Board will review the proposed changes and adopt a recommendation to the general membership. The proposed amendment(s) will be posted in a conspicuous place for at least 15 days prior to a General Membership Meeting. The proposed amendment(s) must be approved by a majority of the members present at the next General Meeting. 5
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