Placid Lakes Home & Property Owners Association, Inc.
Section I: The name of the organization is: Placid Lakes Home and Property Owner and Association, Inc. hereafter referred to as the “Association", a non-profit corporation, incorporated under the laws of Florida, and located in lake Placid, Florida 33852. These By-Laws are applicable to sections one through twenty-five (thirty-five) of the Placid lakes Subdivision.
Section 1: To unite home and property owners for the purpose of planning and working together for the social, economic and cultural betterment of Placid Lakes.
Section 2: To establish liaison with local, county and State government officials for the purpose of sponsoring or promoting protective zoning and other laws that will restrict any structures or activities that will have a tendency to cause depreciation or loss of real estate, damage to the environment, or will endanger safety.
Section 3: To establish liaison with local, county and State officials for the purpose of ensuring the maintenance and improvement of Placid Lakes.
Section 4: To join with other civic associations having the same interests in order to increase knowledge of mutual problems and to present a united front in support of legislation favorable to the Association that may be under study or consideration by governmental bodies and to join in opposition to unfavorable legislation.
Section 5: To receive gifts, donations, etc. to be used for Association purposes which may or may not be specified by the donors.
Section 6: To ensure monies for the Placid Lakes Special Benefit District are collected and applied as defined by Highlands County.
Section 1: Membership and Voting Rights: Membership in the Association shall be based on ownership of one or more properties, either developed (e.g., home or business) or undeveloped within Placid Lakes. The initial membership fee shall be twenty-five dollars ($25.00). The annual renewal fee shall be twenty-five dollars ($25.00) and shall be due no later than February 15 of each year. Each paid membership shall have one vote, regardless of the size or amount of property owned or the number of owners of such property or properties. When property is owned by more than one party, it shall be the responsibility of said owners to designate one person to represent and vote for that membership. Membership in good standing (current dues paid) provides the right to vote on any issue or proposal submitted at any meeting.
Section 2: Voting by Proxy: A written and signed proxy, when assigned to someone whose membership is in good standing in. attendance at a meeting, shall be considered the vote cast to represent that membership. A proxy representative may accept and vote no more than one proxy at a meeting. A proxy shall be valid for a specified meeting only. A proxy is to be in writing and shall specify the meeting for which it is applicable the name of the party designated as proxy, and shall be signed and dated. The proxy shall become part of the record of the meeting at which it is utilized.
Section 3: Meetings: A meeting of the membership shall be held at least once every four months, commencing in January, at a time and place designated by the Board of Directors (hereafter referred to as "the Board"), which shall make every reasonable effort to accommodate the desires of the membership, while, at the same time, taking into consideration the availability of a meeting place.
Section 4: Annual Meeting: An annual meeting shall be held no later than the last day of February for the primary purpose of' electing candidates to fill vacancies on the Board.
Section 5: Special Meetings: Special meeting of the membership may be called by the President of the Board following a resolution for same approved by a majority of the Board or as a result of a petition signed by twenty five (25) or more members of the Association. Such calls shall specify the time, place and subject matter of the meeting, and no other business shall be considered at such meetings. Notice of time, place and purpose of such meetings shall be published in a local newspaper(s) e.g. (lake Placid Journal, Sebring News, and Placid lakes Web-Site (www.placidlakesonline.com) at least fifteen (15) days prior to the meeting.
Section 6: Quorum: A quorum at any regular or special meeting for the transaction of business shall be at least twenty (20) members present or present by proxy.
Section 7: Notice of Meetings: Notice of any meeting of the General Membership shall be published in a local newspaper(s) and the-Placid Lakes Web-Site (www.placidlakesonline.com) at least 15 (15) days prior to the meeting.
Section 8: General Membership Attendance at Board Meetings: If a member attends a Board Meeting and he or she wants to bring an issue up for the Board to consider, he or she has to let the President know so that the issue can be put on the Agenda.
Section 1: Election of Board Members: Members of the Board shall be elected by the membership at the annual meting. The required notice of the meeting shall include the names of the candidates. The President shall place the names of all candidates to the Board before the membership at the annual meeting. Prior to voting, the President shall call for nominations from the floor, and, before voting, such nominees shall indicate their willingness to serve if elected. Voting shall be by secret ballot unless the candidates are unopposed. A majority of the votes cast by the members present or present by proxy shall be necessary for the election of each candidate.
Section 2: Members of the Board: The Board shall have no less than seven (7) members and no more than fifteen (15) members, all of whom shall be legal (year-round) residents of Placid Lakes. Members shall each serve a three (3) year term, and the terms shall be staggered so that one-third (1/3), or as close to that proportion as is possible, are elected each year.
Section 3: Responsibilities: The Board shall manage the business and finances of the Association, and shall exercise its corporate powers. It is also the duty and obligation of the Board, individually and as a whole, to accept any action proposed to the general membership, and approved by it.
Section 4: Meetings: In order to conduct routine business, the Board shall regularly meet no less than once a month at a time and place designated by the President. Special meetings may be called by the President if deemed necessary.
Section 5: Quorum and Voting: There shall be a quorum of two-thirds (2/3) of the Directors at any meeting in order to transact the business of the .Board. Unless provided for elsewhere any act voted into effect by a majority of those attending a Board meeting shall constitute an act of the whole Board.
Section 6: Removal of Directors: (Non-Attendance at Board Meetings): Failure to attend three (3) consecutive meetings of the Board without a valid excuse shall constitute cause for removal of any Director by a two-thirds (2/3) vote of all the Board Members.
Section 7: Removal of Directors (For Cause): Any Director may be removed from office when the best interests of the Association will be served by that action. -1-(two-thirds (2/3) of all the Board members concur with the need for removal of a Director, this shall be brought before the membership (at a regular or special meeting, as necessary), and shall require a majority vote to effect the removal.
Section 8: Vacancies: A vacancy on the Board shall be filled by a member of the Association elected by the remaining Directors, and he or she shall serve until the next annual meeting of the membership. At that time, he or she can stand for election to the Board if duly nominated.
Section 1: Officers: The association shall have at least a President, Vice-President, Secretary and Treasurer, all of whom shall be elected by the Board. Each officer elected shall hold office for one (1) year from March to March, at which time he or she may be re- elected. Officers whose terms have expired may continue serving until either re-elected or until a successor is chosen.
Section 2: President: The President shall be the Chief Executive Officer of the Association and shall preside over all general membership and Board meetings. He or she shall have overall management responsibility of the Association's interests and affairs, subject to the direction of the Board. The president shall serve as an ex-officio member of all committees except the nominating committee.
If the President is unable to carry out his or her functions, the Vice-President shall serve as President Pro Tern until the March meeting of the Board, when new Officers shall be elected by the Board.
Section 3: Vice-President: The Vice-President shall perform the duties of the President in the absence of or during a period of partial disability of that officer, and shall carry out special assignments as requested by the President.
Section 4: Secretary: The Secretary shall record the minutes of all meetings of the Board and of the general meetings of the Association. The Secretary shall maintain and have custody of all Association records except financial records, shall arrange for notice of meetings as required by these By-Laws, shall record attendance at general membership and Board meetings, and shall perform other such duties as may be prescribed by the President of the Board.
Section 5: Treasurer: The Treasurer shall have custody of all Association funds and fiscal records shall keep a complete and accurate account of all receipts and disbursements and shall report on them at all meetings of the membership and of the Board. All funds shall be deposited in a local bank and subject to withdrawal for authorized purposes over the signatures of the Treasurer and either the President or Secretary. The Treasurer is authorized, by these By-Laws, to pay bills or make reimbursement for expenses in amounts not to exceed $250, with the approval of the Board, and without the prior approval of the general membership. In the event of an emergency purchase or reimbursement, without calling a Board meeting, the President, Vice-President, Secretary and Treasurer shall all be in agreement as to the need for the purchase or reimbursement. Any disbursement of $250 or more must be put before the members for prior approval. No less than annually, the Treasurer shall furnish a full and complete written accounting of the assets and liabilities of the Association. Within thirty (30) days prior to the annual accounting, a review committee comprised of a least three Association members, none of whom are officers of the Board and at least one of whom is not a Board member shall inspect the Association's financial records, in conjunction with the Treasurer. The Treasurer shall be a member of the Financial Committee.
Section 6: In the event that an officer other than the President is unable to carry out his or her duties, the Board shall, at its next monthly meeting, appoint a Board member to serve out the remainder of the term until the next election in March.
Section 1: Chairpersons: Within a Month after election, the President shall appoint Board members to serve as chairpersons of each standing committee and they shall select additional members, as needed, and not necessarily from the Board. Each chairperson shall keep records of the committee's activities, including accomplishments and proposed activities" Expenses incurred by committee members in the course of committee activities are to be approved by the committee chairperson prior to submission to the Treasurer for reimbursement. Each committee is to submit plans and estimated expenses for the next year to the Fiscal Committee for preparation of the forthcoming Association budget.
Each committee is also to submit to the Fiscal Committee information and or proposals, with cost estimates, related to requests for improvements or assistance to the Highlands County Board of Commissioners.
Section 2: The Committees: Fiscal Committee: The Fiscal Committee is responsible for developing the Association's annual budget which, after approval by the Board, shall be submitted to the membership at a meeting, for final approval. The Fiscal Committee is also responsible for preparing, on an annual basis, a plan to be submitted to the Highlands County Board of Commissioners, incorporating recommendations and estimated costs for repairs, maintenance, improvements, services and any other needs of the Placid Lakes community. This plan is to be approved by the Board and general membership. It shall be prepared in sufficient time to receive Association approval and be delivered to the Commissioners for their consideration and inclusion in their budget.
Roads Committee: The actual upkeep of all streets and roads and their signs, medians, right of ways and drainage ditches in Placid Lakes is the responsibility of the County. The Roads Committee shall be responsible for the regular monitoring of their condition and for making recommendations for repair, maintenance, improvement, replacement, etc. in order of priority, to the Board. After approval by the Board, the recommendations shall be submitted to the County for consideration and/or implementation. The Roads Committee shall be responsible for following up with the County on recommendations submitted to it.
Lighting Committee: The installation of all street lights in Placid Lakes is the responsibility of the County. The Lighting Committee shall investigate the need for a street light(s) when a request for one is received and then make its recommendation to the Board. After approval by the Board, the recommendation is to be submitted to the County for consideration and/or implementation. The Lighting Committee shall be responsible for following up with the County on recommendations submitted to it. The actual maintenance of all street lights in Placid Lakes is the responsibility of Progress Energy. Though any resident may report problems with existing street lights directly to Progress Energy, the Lighting Committee shall accept any such reports made to it and follow up with the power company.
Recreation Areas and Canals Committee: The Recreation Areas and Canals Committee shall be responsible for the regular monitoring of the condition of all public spaces and the canals within Placid Lakes and for making recommendations for repair, maintenance, improvement, etc. in order of priority, to the Board. After approval by the Board, the recommendations shall be submitted to the County for consideration and/or implementation. The Recreation Areas and Canals Committee shall be responsible for following up with the County on recommendations submitted to it.
Membership Committee: The Membership Committee shall be responsible for issuing the necessary credentials to new members, collecting renewal fees and for making and/or implementing recommendations to increase the membership in the Association. The Committee is also responsible for defining and/or implementing a recording system whereby members can be identified by name and/or vehicle registration number. Dues collected shall be immediately transmitted to the Treasurer.
Architectural and Deed Restriction Committee: The Architectural and Deed Restriction Committee shall provide information and educate the residents and property owners of Placid Lakes as to the requirements of the deed restrictions.
It shall also review architectural plans submitted to it by owners, contractors, builders or architects as to compliance with the deed restrictions applicable to the project.
By-Laws Committee: The By-Laws Committee shall regularly review the By-Laws to ensure that they continue to meet the needs of the Association.
Section 1: Creation of Special Committees: The President, with the approval of the Board, may appoint special committees as needed. Special committees, by their nature, shall be time limited.
Section 2: Special Committees: Nominating Committee: No later than the December meeting of the Board, the President shall appoint a Board member to the chairman of the Nominating Committee. The chairman shall select at least two additional members, not necessarily from the Board, to also serve for the duration of the committee. Prior to the annual meeting of the membership the committee shall submit to the Board the names of those who have indicated their willingness to serve as Directors.
Section 1: Procedure for Rescinding, Altering, or Amending the By-Laws: All proposed changes are to be presented, in writing, to the Board. At least two-thirds (2/3) of a quorum of the Board must agree to the change(s). All Board members shall be advised of a proposed change prior to the Board meeting at which a vote is taken to approve or disapprove the matter. Upon approval by the Board, the proposed change shall be presented to and voted upon by the general membership at the next general membership meeting. The meeting notice shall contain a statement of the proposed change(s). A two-thirds (2/3) majority vote of the membership present at the meeting is required for adoption of a change to the by- laws. If a resolution for a change is defeated, it cannot be brought forth for action until at least two (2) months after such defeat.
Section 2: Availability: A copy of the By-Laws (By-Laws) shall be made available, upon written request to the Association, at a nominal cost of $1.00. A copy shall also be available for viewing at the Association's office or at a specific site, the location of which shall be made known to the membership.
Section 1: All meetings of the Board and of the membership shall be conducted in accordance with Roberts Rules of Order.
Section 1: The fiscal year of the Association shall always coincide with that of the County, which, at the time these By-Laws become effective, is October 1 through September 30.
Reflects changes to Article 111, Section 1 and Article VI were voted on and approved at the Board Meeting on September 3 and the General Meeting on September 23, 2002.
Reflects changes to Article III Section I voted on
and approved at the Board Meeting on February 1, 2006 and the General
Membership on February 27, 2006.
By-Laws