Brookville Lake Resort        Liberty, Indiana

The name of this corporation is BROOKVILLE LAKE RESORT PROPERTY OWNERS ASSOCIATION, INC.  which shall be referred to herein for convenience as the ASSOCIATION.

ARTICLE   1. (SECTION 2)   PRINCIPAL OFFICE

      The principal office of the Association shall be in Union County, Indiana, at such specific location therein as may be, from time to time, designated by the board of Directors.

ARTICLE    3. (SECTION 3)   SEAL

     The Association will have in its possession an official seal for authorizing documents.

ARTICLE    4. (SECTION  4)  FISCAL YEAR

                The fiscal year of the Association shall be that selected by the Board of Directors and having been so determined is subject to change from time to time as the Board of  Directors shall determine.

ARTICLE    1-A     (SECTION 1-A)

      (A) To promote pleasure, social recreation and sports activities for its members,  their families and guests, and maintain a recreationally - oriented environment in the BROOKVILLE LAKE RESORT SUBDIVISION UNION COUNTY, INDIANA, as shown on the plats with the recorder of deeds for Union County, Indiana (referred to herein as “subdivision”)

      (B)  To provide a means whereby the streets and those areas within the subdivision designated as parks, recreational areas or other amenities on the plats thereof, and such other recreational facilities within the subdivision as may be conveyed to the Association or established by it, may be operated, maintained repaired, and

      (C)  To provide a means for the promulgation and enforcement of all regulations necessary to the governing of the use and enjoyment of such streets, parks, recreational facilities or other amenities and such other recreational facilities within the subdivision.

ARTICLE     1A.  (SECTION 2)   POWERS

      The Association shall have the power to do whatever is necessary, conductive, incidental or advisable to accomplish and promote its purposes, except carrying on a business or trade for profit for its members, and in connection therewith shall have but not be limited to the following powers:                       

      (A)  To acquire real or person property by gift, purchase or other means;

      (B)  To own, hold, enjoy, lease, operate, maintain, convey, sell, assign, transfer, mortgage or otherwise encumber, or dedicate for public use, any real or personal property owned by it;  

      (C)  To exercise the powers and functions granted to it in the recorded declaration of restriction, agreements and/or deeds offering property in the subdivision;

      (D)  To construct, maintain and operate recreational facilities of all kinds within the subdivision.  Any construction or project costing $5000.00 or over shall be approved by the membership.

      (E)  To care for vacant, unimproved or unkept lots and to bill property owners for  expenses incurred in such care.

      (F)  To maintain, repair, beautify and otherwise care for all streets, projects, parks,  pedestrian easements and drainage improvements within the subdivision and not subject  to maintenance by governmental authority;

      (G)  To pay taxes and assessments, if and when levied by any government authority on  property owned by it;

      (H)  To enforce changes, easements, restrictions, covenants, conditions and agreements  existing upon or created for the benefit of the real property in the subdivision;

      (I)  To appoint such committees as may be necessary to or convenient in, the discharge of  any of its obligations of powers;

      (J)  To levy an annual charge upon its members and to declare the same as a lien against  the property subject thereto in accordance with the recorded declaration of  restrictions,  agreements and/or deeds affecting property in the subdivision;   

      (K)  To prescribe and enforce motor vehicle speed limits in the subdivision;

      (L)  To sue to collect any charges not paid and in connection therewith to foreclose any lien granted to it, and to assign all costs of collection, legal or otherwise, to the property owners in question;

      (M)  To borrow money, contract debts, and issue bonds, notes, and debentures, and  secure the payment, or performance of its obligations:

      (N)  To expend its money for the payment and discharge of all proper costs, expenses and obligations incurred in the carrying out of all or any of these powers in the furtherance of  its purposes and bjectives;     

      (O)  To contract for and pay any premiums for fire, casualty, liability, and other insurance   including indemnity and other bonds;

     (P)  To contract for and pay for maintenance, gardening, utilities, supplies and services relating to property or facilities owned or operated by it and to employ personnel  reasonably necessary for administration of its affairs including legal counsel and accountants;

      (Q)  To do all other acts necessary or expedient for administration of its affairs and the attainment of its purposes;

      (R)  To levy such dues and assessments, fines, penalties on members as may be provided in the By-Laws and to take action to collect or enforce the same as said By-Laws, Conditions and Restriction may authorize.

      (S)  To have and exercise all such further powers as are now or may hereafter be permitted by the General Not For Profit Corporation Act of  Indiana or successor acts;

      (T)  Limits on powers- Item M requires consent of 3/4 voting membership;

      (U)  To accept, in lieu of delinquent dues and/or delinquent assessments, clear title to any resort Campsite and then to sell said Campsite at a fair market value.

      (V)  Any staffing vacancies must be posted for no less than 30 days to the general membership via sign boards, newsletters, and any other reasonable matter.  This includes but is not limited to any office, grounds or maintenance positions, whether temporary or permanent.  In the event that a current employee of the association, whether permanent or    temporary, will be replaced, the current employee must be terminated or give an intent of    resignation before a board member or any other representative of the association may   accept, solicit, or present resumes to the board for consideration of the said position.  In     the instance of a newly created position, the board must give the same 30 days  consideration as listed above.   (revised  9-27-97)

ARTICLE 1 - B MEMBERSHIP

ARTICLE 1-B (SECTION 1) CLASSES

There shall be two (2) classes of membership in the Association; i.e. Voting Members and Associates Members.

ARTICLE 1- B (SECTION 2) VOTING MEMBERS

Voting Membership shall be appurtenant to ownership of a lot in the subdivision and anyone who owns or becomes an owner of a lot shall, by reason of such ownership, become and hereby is made a member of the Association, provided that no person or entity holding an interest in a lot as security for performance of an obligation shall be a member until fee ownership is acquired by foreclosure or otherwise whereupon it shall become a member. Lot” for purposes of determining membership shall be each numbered campsite lot (as opposed to community lots) described and set forth in the plat maps of the subdivision recorded in the Recorder of Deeds office for Union County, Indiana. There shall be only one voting member per lot. If one owner owns more that one lot, he/she shall have a voting membership for each lot.

ARTICLE 1-B (SECTION 3) ASSOCIATE MEMBERS

The following shall be entitled to Associate Membership in the Association:

(1) Co-Owners of any Lot;

(2) The Spouse and/or children of any member who also have the same residence as the member.

(3) Any person who is A tenant or regular occupant of any lot and persons qualifying under more than one of the above categories shall nevertheless be entitled to only a single Associate Membership.

Associate Members shall have no vote or right to notice of any meeting of members, regular or special. Associate Members shall not be required to pay an annual charge but shall be entitled to enjoy all other privileges of membership, subject, however, to their observance of all rules and regulation governing the conduct of members. Associates membership shall cease automatically upon termination of the status giving rise to such membership.

ARTICLE 1-B (SECTION 4) PRIVILEGES

Members and Associate Members and the Guest of each shall have the use of the streets, parks, pedestrian easements in the subdivision and any other property or faculties from time to time owned by the Association, subject to the provisions of the By-Laws of the various units of the subdivision from time to time recorded and such other rules for the use of the streets, pedestrian easements, parks or other property of facilities as may be adopted by the Board of Directors of the Association.

ARTICLE 2 (SECTION 1) EVIDENCE OF MEMBERSHIP AND TRANSFER

Certificates of Membership in the Association shall be issued to members only. They shall be in such forms as the Board of Directors shall designate and shall be issued over the signature of the President or Vice-president and secretary of Assistant Secretary. A certificate book shall be maintained in which shall be shown the names of the members, the certificate number, date of issue and sufficient description of the lots giving rise to such membership.

ARTICLE 2 (SECTION 2) TRANSFER

Membership in the Association is transferable only upon conveyance of the lot giving rise to such membership and any other attempted transfer or assignment shall be null and void. (Revised 9-27-97)

ARTICLE 2. (SECTION 3) MEMBERSHIP CARDS

The Association may issue cards to Members and/or Associate members from time to time as the Board of Directors may deem necessary to insure proper control and identification. In any event, a roster of Associate Members shall be kept sufficiently current to assure proper identification and control.

ARTICLE 2-A MEETING OF THE MEMBERSHIP

ARTICLE 2-A (SECTION 1) PLACE

All meeting of the Corporation Membership shall be held at the Club House Property, or at such other place and time as shall be designed by the Board of Directors of the Association and stated in the notice of the meeting.

ARTICLE 2-A (SECTION 2) NOTICES

It shall be a duty of the Secretary to mail a notice of each annual or special meeting, stating the time and place thereof to each unit owner of record, at least fourteen (14) days, but no more than thirty (30) days prior to such meeting. Notice of any special meeting shall state the purpose thereof. All notices shall be mailed to or served at the address of the unit owner as it appears on the books of the corporation.

ARTICLE 2-A (SECTION 3) ORDER OF BUSINESS

The order of business at the Annual Members Meeting, and as far as practicable, of all other Members Meetings shall be:

(A) Call to Order by the President

(B) Calling of the roll and certifying of proxies

(C) Proof of notice of meeting or waiver of notice

(D) Reading and disposal of any unproved minutes

(E) Reports of Officers

(F) Reports of Committees

(G) Election of Inspector of Election

(H) Election of Directors

(I) Unfinished Business

(J) New Business

(K) Adjournment

ARTICLE 2-A (SECTION 4) ANNUAL MEETING

The Annual Meeting shall be held at the Association campground on the date designated by the Board of Directors for the Electing of Directors and Transacting other business authorized to be transacted by the Members. At the Annual Meeting the Association Membership shall elect by a majority vote a Board of Directors and transact such other business as may properly be brought before the meeting.

ARTICLE 2-A (SECTION 5) SPECIAL MEETING

Special Meeting of the Members may be called from time to time by the Board of Directors or by ten (10) members in good standing. No special meeting may be convened unless all members have been mailed a notice of said meeting at least fourteen (14) days prior to the date of such meeting. Notice for any special meeting shall state the general nature of the business to be conducted and shall be mailed by first class mail to the mailing address on file with the Association. A Special Meeting called by ten (10) or more members shall be held not less than fourteen (14) days nor more than thirty (30) days from the date such meeting is requested. Mailing expense shall be borne by those members. No action may be taken by the Board of Directors or any member on any matter which relates to agenda prior to such meeting.

ARTICLE 2-A (SECTION 6) WAIVER AND CONSENT

Whenever the vote of members at a meeting is required or permitted by any provision by Federal or State Laws, or of the Articles of Incorporation, or of the By-Laws,hereby to be taken in connection with any action of the Corporation meeting and vote of the members may be dispensed with if all members who could have been entitled to vote upon the action if such meeting were held, shall consent in writing to such action being taken.

ARTICLE 2-A (SECTION 7) APPROVAL OR DISAPPROVAL

Approval or disapproval of a unit owner upon any matter, whether or not the subject of an Association meeting, shall be by the “Voting Member”.

ARTICLE 3 (SECTION 1)

The business of this association shall be conducted by the Board of Directors consisting of nine (9) members, who shall elect a Chairman among their ranks. This Board shall consist of five (5) District Directors and four (4) Directors-At-Large. Directors must be a voting member of the Association in good standing. (Revised 8-13-94)

ARTICLE 3 (SECTION 1-A) DISTRICT DIRECTORS:

The District Directors shall consist of one (1) member from each of the following districts;

DISTRICT 0 - Lot numbers 1 thru 99 inclusive.

DISTRICT 1 - Lot numbers 100 thru 199 inclusive.

DISTRICT 2 - Lot numbers 200 thru 299 inclusive.

DISTRICT 3 - Lot numbers 300 thru 399 inclusive.

DISTRICT 4 - Lot numbers 400 thru 505 inclusive.

District Directors must own and reside on a lot in the district they represent and be elected by the vote of that individual district. (revised 8-13-94)

ARTICLE 3 (SECTION 1-B) DIRECTORS-AT-LARGE

The ordinary term for a Director shall be two years. Upon establishment of the Board of Directors in (A)and (B) above, the four (4) Directors-At-Large shall serve an initial term of one (1) year only. Thereafter all Directors shall serve two (2) years terms. Prior to the Annual General Election, ballots for the purpose of voting for Directors shall be mailed first class mail, to all members, or hand delivered to the voting member and registered for by him/her at least 14 days but no more than thirty (30) days prior to the date set for the election. All ballots must be received at the official polling place by the time established in the call of the meeting and only ballots registered to members in good standing will be counted. (revised 8-10-96)

Directors-at-Large shall be elected by vote of combined districts.

ARTICLE 3 (SECTION 2) REMOVAL OF DIRECTORS

At any time after the first Annual Meeting of the Membership, at a special meeting of the members may be called from time to time by the Board of Directors or by ten (10) members in good standing. No special meeting may be convened unless all members have been mailed a notice of said meeting or hand delivered to the voting member and registered for by him/her at least fourteen (14) days prior to the date of such meeting.

Notice for Special Meeting shall state the general nature of the business to be conducted

and Special Meeting called by ten (10) or more members shall be held not less than

fourteen (14) days nor more than thirty (30) days from the date such meeting is requested.

Mailing expense shall borne be members. No action may be taken by the Board of

Directors or any members on any matter which relates to agenda items prior to such

meeting.

(revised 10 - 10 - 92) ( revised 8 - 10 - 96)

ARTICLE 3 (SECTION 3). VACANCIES OF DIRECTORS

If the office of any Director or Directors becomes vacant by reason of death, resignation, retirement, disqualification, removal from office, or otherwise, a majority of the remaining Directors, though less than a quorum, shall choose a successor or successors, who shall hold office for the balance of the un-expired term in respect to which vacancy occurred.

Notice of such action must be posted via sign boards, newsletters or any other reasonable matter to the general membership for no less than 30 days from the date of the board meeting in which the vacancy of the Director’s position is announced. (revised 9-27-97)

ARTICLE 3 (SECTION 4) DISQUALIFICATION AND RESIGNATION OF DIRECTORS

Any Director may resign at any time by sending a written notice of such resignation to the office of the corporation delivered to the Secretary. Unless otherwise specified therein, such resignation shall take effect upon receipt thereof by the Secretary. Three (3) consecutive absences from regular meetings of the Board of Directors automatically constitutes a resignation except property owners, who winter out of the area, would be permitted to miss four (4) regular meeting in a calendar year. In the event a Director ceases to be a Lot Owner then the Directorship shall immediately and automatically terminate. No member shall continue to serve on the Board should he/she be more than thirty (30) days delinquent in the payment of any assessment and said delinquency shall automatically constitute a resignation. (revised 9-27-97)

ARTICLE 3 (SECTION 5) REGULAR MEETING

The Board of Directors may establish a schedule of regular meetings to be held at such time and place as the Board of Directors may designate. Notice of such regular meetings shall nevertheless be given to each Director personally or by mail, telephone, or telegraph, at least fourteen (14) days prior to the day for such meeting.

ARTICLE 3 (SECTION 6) OMITTED

ARTICLE 3 (SECTION 7) DIRECTORS WAIVER OR NOTICE

Before or at any meeting of the Board of Directors, any director may waive notice of such meeting and such waiver shall be deemed equivalent to the giving of notice. Attendance By a Director at any meeting of the Board shall be a waiver of notice by him of the time and place thereof. If all the Directors are present at any meeting of the Board, no notice shall be required and business any be transacted at such meeting.  

ARTICLE 3 (SECTION 8) QUORUM

At all of the meetings of the Board of Directors, a majority of the Directors shall constitute a quorum for the transaction of business, and the acts of a majority of the Directors present at such meetings at which a quorum is present shall be the acts of the Board of Directors. If at any meeting of the Board of Directors there be less than a quorum present, the majority of those present may adjourn the meeting from time to time.

ARTICLE 3 (SECTION 9) COMPENSATION

The Directors fees, if any, shall be determined by the “Voting Members”.

ARTICLE 3 (SECTION 10) POWER AND DUTIES

(SECTION 2A) PRESIDENT

The Board of Directors shall have the power and duties necessary for the administration of the affairs of the Association as in SECTION 2, ARTICLE 1-A POWERS.

ARTICLE 4 (SECTION 1) OFFICERS

(SECTION 2A) PRESIDENT

The Officers of this Association shall be appointed by the Board of Directors at their first meeting following an elections of Directors by the membership. Officers must be; a voting member, the co-owner, or the spouse of owner or co-owner, of the Association in good standing. No member of the Board of Directors shall serve as an Officer of the Association. The officers shall serve until their successors are appointed and installed. The Officers shall consist of a President, Vice-President, Treasurer, and Secretary. All Officers and Directors, except the President and, the Secretary and the Treasurer shall serve without compensation of any kind except reimbursement of out of pocket expenses incidental to that office. The President, Secretary and the Treasurer shall receive as full compensation for each month served an amount as fixed by the Board of Directors. (revised 8-10-96)

ARTICLE 4 (SECTION 2) DUTIES

The President shall be present at all meeting of the Directors and preside over the General Membership Meetings. He/She shall perform all other duties usually incumbent on the Office of President. 

ARTICLE 4 (SECTION 2B) VICE PRESIDENT

The Vice-President shall serve in the absence of the President. He/She shall perform all other duties usually incumbent on the Office of the Vice-President and others as may be assigned him/her by the President or the Board of Directors.

ARTICLE 4 (SECTION 2C) TREASURER

The Treasurer shall be custodian of the funds of this Association and shall keep all financial records-pertaining to the Association’s business and property. The Treasurer shall prepare an annual budget for approval by the Board of Directors and for submission to the membership at a general meeting. The Treasurer shall be bonded. The Board of Directors shall arrange for an annual audit of the books by an audit committee appointed by the Board from the membership.

ARTICLE 4 (SECTION 2D) SECRETARY

The Secretary shall keep the minutes of meeting of the members and Directors. He/She shall conduct all correspondence and keep and preserve all the correspondence and records of the Association, except the financial records kept by the Treasurer.

All financial Records, Correspondence, Minutes, Contracts, Association funds, Documents, and all other pertinent items shall be turned over to the new Officers upon their appointment. The records of the Association shall be kept open to inspection at any time by an officer, director or member.

ARTICLE 5 TITLE TO PROPERTY

Title to all property both real and personal shall be held in the name of the Association, under the control of the Board of Directors, or in the name of the corporate successor of the Association in the event the Association becomes incorporated.

ARTICLE 6 (SECTION 1) STRUCTURES

All structures of any nature placed on any lots must be approved by the Board of Directors. These shall be limited to storage structures only, and no larger than 144 square feet, they are to be no higher than 10 feet at the highest point. This rule is subject to a "Grandfather clause" meaning that existing structures that violate this rule may remain but may not be transferred or replaced as of the last Sunday of September 1978. There shall be No Air Conditioners or TV sets in Storage Structures. A fine of $100.00 or an amount at the discretion of the Board will be imposed for every thirty (30) days in violation.   Amended 9-19-03 by vote For: 206 Against 68

ARTICLE 6 (SECTION 1A) STRUCTURE OVER-HANGS

Structure over-hangs not to exceed twelve (12) inches.

* A fine of $100.00 or an amount at the discretion of the Board will be imposed for every thirty (30) days in violation.

ARTICLE 6 (SECTION 2) SCREENED AREAS

(1) Screened in enclosure must be permanently attached to trailer or park model.

(2) Screened in enclosure must be commercially manufactured and be constructed of Aluminum material only.

(3) Installation shall be done by Factor Authorized Personnel.

(4) Construction plans must be approved and permit issued prior to beginning of construction.

* A fine of $100.00 or an amount at the discretion of the Board will be imposed for every thirty (30) days in violation.

ARTICLE 6 (SECTION 3)

No Fences of any type may be erected.

* A fine of $100.00 or an amount at the discretion of the Board will be imposed for every thirty (30) days in violation.

ARTICLE 6 (SECTION 4 ) MOTOR VEHICLES

No licensed or unlicensed motorcycle, Motorbike, moped, trail bike, road bike, street

bike or other similar motorized vehicle shall be operated within the bounds of BLR.

A fine of $100.00 or an amount at the discretion of the Board will be imposed for every

thirty (30) days in violation.

ARTICLE 6 ( SECTION 4B) MOTOR VEHICLES

Non current licensed vehicles may not be stored on private lots. Violators will be notified by Certified Mail and given 30 days to respond before appropriate measures will be taken to remove vehicles at lot owner’s expense. (revised 9-27-97)

ARTICLE 6 (SECTION 5) QUIET HOURS

Quiet hours shall be 11:00 P.M. to 7:00 A.M., Indiana time.

ARTICLE 6 (SECTION 6) GAS TANKS

L.P. gas storage units shall be limited to either:

a. those units that are installed on the recreational vehicle, or

b. two 100 pound tanks.

A fine of $100.00 or an amount at the discretion of the Board will be imposed for every thirty (30) days in violation.

ARTICLE 6 (SECTION 7) MAJOR APPLIANCES

All major appliances not a part of a recreational vehicle shall be enclosed and secured. No Air conditioners or Electrical Heaters will be allowed in operation while property owners are not occupying their RV’s for the day or a duration of a 24 hour period. If property owner is found in violation, the Board will follow “Fine Procedures”

A fine of $100.00 or an amount at the discretion of the Board will be imposed for every thirty (30) days in violation.

ARTICLE 6 (SECTION 8) DUES

Due are determined by the Board of Directors, are payable January 1 and July 1 of each calendar year.

ARTICLE 6 (SECTION 9) DELINQUENT DUES

If dues are not paid by January 31st. and July 31st., a property owner becomes delinquent.

Procedure as outlined in DELINQUENT DUES PROCEDURE will be initiated and appropriate letters will be sent.

DELINQUENT DUES PROCEDURE

1. Dues are payable on January 1st, and July 1st.

2. Dues not paid by January 31st. or July 31st. will be sent a “Delinquent letter” on February 10th or August 10th.....

A. Dues + 10% are now owed.

3. If still not paid, a Certified letter will be sent on February 20th or August 20th.

A. Water and electric will be disconnected ($50.00 fee for reconnection) on March 1st. or September 1st. 

B. Lien proceedings will be initiated.

1. All cost will be assessed to Property Owner.

2. Any damage to Brookville Lake Resort property will be assessed to Property Owner.

C. Refused Certified Letter constitutes refusal to pay and utilities will be turned off and lien proceedings initiated as scheduled.

4. If Property Owner cannot pay dues they must contact the Board of Directors before the Certified letter is sent for consideration of an individual payment plan.

A special committee is to be formed to review any petitions from Property Owners who cannot pay their dues as outlined in Item 4 of Delinquent Due Procedures.

The special committee will make the decision on the appropriate payment plan. Special committee will consist of 2 (two) Board Members, Vice-President, Treasurer, and 1 (one) By-law committee member. (revised 9-27-97)

ARTICLE 6 (SECTION 10) DECKS

No decks can be constructed except in accordance with deed restriction provision and without prior written consent and approval of the Board of Directors.

* A fine of $100.00 or an amount at the discretion of the Board will be imposed for every thirty (30) days in violation.

ARTICLE 6 (SECTION 11) CAMPING EQUIPMENT ALLOWED PER LOT

Each travel trailer, motor home, camper, or tent trailer or camping vehicle shall be originally constructed as such. A modified vehicle or design to modify a vehicle shall receive formal approval by the Board of Directors or this Association. Each campsite is permitted one (1) tent (not a vehicle type) in addition to any of the above vehicles. If, at any time, two (2) trailers are on one (1) lot, then a fee of $3.00 per day shall be charged, not exceed annual assessments of a regular member. Each campsite is to be permitted to have only one (1) boat stored on the lot, except that additional boats may be stored providing: (a) a fee of $1.00 per day (or overnight) be paid for each boat in excess of the one boat allowed; or (b) a fee of $5.00 per week to be paid for each boat in excess of the one boat allowed.

ARTICLE 6 (SECTION 12) BUSINESS

No business or profession and no noxious or offensive activities shall be carried on or upon any lot, nor shall anything be done thereon which shall became an annoyance or nuisance to the neighborhood.

* A fine of $100.00 or an amount at the discretion of the Board will be imposed for every thirty (30) days in violation.

ARTICLE 6 (SECTION 13) PETS

No animals (except house hold pets) are allowed. Pets must be on a leash at all time and under constant supervision. They are not to be a nuisance to your neighbor by being left unattended and barking.

* A fine of $100.00 or an amount at the discretion of the Board will be imposed of every thirty (30) days in violation.

ARTICLE 6 (SECTION 14) FIRES

No fires (excluding charcoal grills) permitted except in designated areas and then all fires must be contained, enclosed and carefully supervised.

* A fine of $100.00 or an amount at the discretion of the Board will be imposed for every (30) days in violation.

ARTICLE 6 (SECTION 15) FIREARMS

The use of firearms or fireworks in the subdivision is prohibited.

* A fine of $100.00 or an amount at the discretion of the Board will be imposed for every thirty (30) days in violation.

ARTICLE 6 (SECTION 16) TRASH

Trash, garbage and other waste shall be kept in sanitary containers preferable have plastic liners and shall be disposed of at regular intervals. Garbage cans shall be kept out of sight except when in use.

* A fine of $100.00 or an amount at the discretion of the Board will be imposed for every thirty (30) days in violation.

ARTICLE 6 (SECTION 17) SIGNS

No sign (except identification signs) or any nature shall be permitted on any lot except with written consent of the Board of Directors.

ARTICLE 6 (SECTION 18) DRAINAGE

Drainage of sewage or disposition of refuse, garbage or debris into a street, road, ditch or stream, either directly or indirectly is prohibited.

* A fine of $100.00 or an amount at the discretion of the Board will be imposed for every thirty (30) days in violation.

ARTICLE 6 (SECTION 19) PARKING

No boat, boat trailer, truck, car, trailer or vehicle of any kind shall be parked or stored, on any street, road, or public area, except in areas designated for storage.

* A fine of $100.00 or an amount at the discretion of the Board will be imposed for every thirty (30) days in violation.

ARTICLE 6 (SECTION 20) DISCRIMINATION

The Association will abide by all Federal, State and Local Laws regarding discrimination with respect to ownership, or usage, membership, or usage of the facilities.

ARTICLE 6 (SECTION 21) PERMANENT AWNINGS

Permanent type manufactured aluminum awnings attached or unattached to trailers shall be permitted at BROOKVILLE LAKE RESORT providing they meet the specifications to be established by the Board of Directors and are approved on an individual basis by the ENVIRONMENTAL COMMITTEE, and have a valid permit from the Union County Planning and Zoning Commission. Under the Supervision and Approval of the ENVIRONMENTAL COMMITTEE a Property Owner may install a permanent professionally installed awning over an entire existing deck or patio. ( revised 8-10-96)

ARTICLE 6 (SECTION 22) CONDITIONS AND RESTRICTIONS

Anyone driving a licensed vehicle of BROOKVILLE LAKE RESORT roads must have a valid up-to-date driver’s license.

* A fine of $100.00 or an amount at the discretion of the Board will be imposed for every thirty (30) days in violation. 

ARTICLE 6 (SECTION 23) PROCEDURE FOR ENFORCEMENT

Any complaint must be put into writing, signed by a property owner and presented to a member of the Board of Directors. The Board is to then investigate this complaint and take whatever action they feel is required according to “Fine Procedure”.

ARTICLE 6 (SECTION 24) LIGHTS 110V

No exterior or interior lights should be left burning when not in residence. (revised 10-10-92).

ARTICLE 6 (SECTION 25) LIGHT (SECURITY)

1.) Prohibit the use of all security lights from April 1st thru November 1st of each year other than those lights needed for safety at the shower house, club house, pool and bandstand.

2.) Any Property Owner who wishes to install, maintain and support exterior electrical security lights shall seek a permit from the Board of Directors for this purpose, and shall be informed that the lights may be used only from November 2nd to March 31st. Costs of burning these lights will be charged to the Property Owner as specified in the permit. (revised 10-10-92)

The members may adopt and amend By-Laws, as they deem desirable, for the more detailed specification of the rights and duties of the Members in the Association.

These By-Laws may be amended, from time to time, by the affirmative vote of 3/4 of the Members voting in a duly called meeting as stated in ARTICLE 9.

ARTICLE 9 (SECTION A) MOTION

A Motion to amend the By-Laws may be brought before the General Membership by a petition of fifty (50) Property Owners in good standing; the 3 persons circulating the petition must be identified and must be signed by the person presenting the petition to the Board. The Board must make a motion, have it seconded and approve the petition before the petition can be placed on the ballot for a vote by the General membership of Property

Owners. A proposed motion to amend the By-Laws may be brought before the voting membership by a voting member in good standing following these procedures:

1. Proposed motion is presented to the Board of Directors at a regular meeting for verification of intent and accuracy and signed by person(s) circulating same.

2. Person(s) circulating proposed motion must obtain fifty (50) signatures of voting members in good standing agreeing to have motion placed on ballot. Proposed motion with signatures are returned to a Board Member for verification of Signatures.

3. Proposed motion with signatures, and the date of the regular Board of Directors Meeting, at which purposed motion was presented is posted for at least thirty (30) days.

4. When procedure is followed, Board of Directors will accept motion and place it on a written ballot for a vote by the voting membership as provided herein.

PROCEDURE FOR AMENDING THE BY-LAWS

ARTICLE 9 (SECTION B) AMENDMENT

The Board of Directors may have an amendment to the By-Laws placed on a ballot to be voted on by the entire membership upon affirmative vote of six (6) members of the Board of Directors.

ARTICLE 9 (SECTION C) MEETINGS

MEETINGS for the purpose of voting on amendments to the By-Laws shall be called as stipulated in the By-Laws, Article 2 A meetings of the Membership.

ARTICLE 9 (SECTION D) NOTICE OF MEETING

Notice of the meeting shall advise all members that an amendment shall be considered and shall further set forth that portion of these By-Laws sought to be amended and shall contain a verbatim copy of the language as the By-Laws will appear if such imposed amendment is adopted at the meeting.

ARTICLE 9 (SECTION E) BALLOTS FOR VOTING

Ballots for the purpose of voting on amendments shall state in full the amendment being considered. Ballots shall be mailed, first class mail, or hand delivered to the voting member and registered for by him/her at least 14 days and not more than 30 days prior to the meeting. All ballots must be received at the office polling place by the time established in the call of the meeting and only ballots registered to members in good standing will be counted. (revised 8-10-96)

ARTICLE 9 (SECTION F) BY-LAWS AMENDMENTS

By-law amendments that have been voted on by the membership as per provisions set in the By-laws, may not be brought up for vote again for a period of three (3) years from the date of vote held unless a petition is presented to the Board of Directors signed by at least 20% of membership in good standing.

ARTICLE 10 FINE PROCEDURES

This procedure is to be followed in the event that the Directors and Property Owners cannot resolve problems:

ARTICLE 10 (SECTION 1)

Public Relations Director checks validity of complaints and if violation is valid, notify property owners verbally of such violation in an attempt to resolve problems.

ARTICLE 10 (SECTION 2)

Mail a letter to property owner asking him to appear before the Board to try to resolve the problem or violation, at a hearing set for DATE AND TIME.

ARTICLE 10 (SECTION 3)

If request is ignored, mail him a violation form stating violation and ask him to correct violation immediately.

ARTICLE 10 (SECTION 4)

Wait seven (7) days, if property owner still ignores the request to correct violation or problem, mail certified letter stating the amount of the imposed fine and time limit for correction.

ARTICLE 10 (SECTION 5)

If this is still ignored or no response is received within another seven (7) day period, mail certified letter that lien will be placed against the property and he will be charged for the additional charges involved in this.

ARTICLE 10 (SECTION 6)

Wait another seven (7) days, file lien as specified by established “Fine Procedure”.

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ARTICLE 10 (SECTION 7)

If lien is not paid, foreclose when time is right to be determined by the Board of Directors of Brookville Lake Resort Property Owners Association, Inc.

PROCEDURE FOR IMPOSING FINES:

1. Send letter notifying property owner of said violation and ask owner to attend the next meeting of the Board. If owner is unable to attend, ask that they notify the Board.

2. If owner appears, give him thirty (30) days to correct said violation. Follow up with letter stating date violation must be corrected.

3. If owner does not appear, send certified letter informing them that they have thirty (30) days to correct said violation. Also notify them that a fine will be placed on said property for every thirty (30) days in violation.

4. Property owner must be notified every time fine increases.

5. If fine is not paid or action taken to correct said violation, a lien will be placed on said property, after ninety (90) days.

Board of Directors

Brookville Lake Resort

Property Owners Association

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A motion was made and passed to keep the present fine of $500.00 and impose an additional fine of $100.00 for every thirty (30) days in violation thereafter and to follow the procedure established for the imposing of fines.

BY-LAWS - ARTICLE 6, CONDITIONS & RESTRICTIONS - A motion was passed to establish fines for violations to the following;

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ISSUE

The Brookville Lake Property Owners Association Proposes to build a shelter house for the use of members including youth. The size proposed is 30 x 80, with cement floor, roof, but no sides. The building will be placed west of the swimming pool. Shelter will be paid for from Capital Improvements not to exceed $25,000.00. This money will be replaced through fund raising projects, donations, raffles, Etc. There will be no property assessments or dues increases.

ISSUE - ONE WAY ROAD

Lakeview Circle from four way stop to Redbud Lane will be one way up the hill.

ISSUE

1 30 feet x 40 feet pole building with 3 overhead garage doors and 1 walk thru door. 10 foot clearance to trusses. If built by a outside contractor would cost $16,500.00. If built by our park, the whole building package would cost $6,800.00 plus tax, $7,500.00.

The Board of Directors is asking for the OK to purchase the building package for $7,500.00 and have the park members and employees build the building.

The funds for this building will come out of the general operating account. If the general operating account runs low at the end of the year, $7,500.00 will be taken out of the Flex 11 account to cover expenses. If the money is taken out of the Flex 11 account, please vote for one of the options below. (voted in April 12, 1997).

ISSUE

The Shelter House debt of $25,000 to the Capital Improvement Fund (Flex Fund) will not be replaced. (revised 9-27-97)

ISSUE

A chain shall be allowed across a driveway, subject to a permit from, and the approval of the Environment Control Committee. (adopted 8-10-96)

ISSUE

Full time maintenance employee should be permitted to work Saturday and/or Sunday and to have a day off during the week. Past 1998

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BY-LAW CHANGE NOT PASSED

ARTICLE 6 (SECTION 2) SCREENED AREA-GLASS ENCLOSED AREA

1.) Screened in enclosure must be permanently attached to trailer or park model.

2.) Screened in enclosure must be commercially manufactured and be constructed of Aluminum material only.

3.) Installation shall be done by Factory Authorized Personnel.

4.) Construction plans must be approved and permit issued prior to beginning of construction.

*A fine of $100.00 or an amount at the discretion of the Board will be imposed for every thirty (30) days in violation.

5.) Screened in enclosures may be converted to a glass enclosed area, provided all the conditions and restrictions stated in 1 through 4 above are followed plus:

a.) The glass must meet safety standards.

A 3/4 majority vote is needed to change a By-Law, and no additional vote can be taken on the subject for 3 years. Motion failed October 1998 - 66 for 200 against