BY-LAWS OF
LIBERTY HIGHLANDS HOMEOWNERS ASSOCIATION, INC.
Bylaws & Regulations
At Liberty Highlands Association, we believe in caring for our homes and our community. Read our bylaws and regulations to learn more about how we work together to maintain our neighborhood.
Contact us at LHHA763@gmail.com for more information.
ARTICLE I-GENERAL
These By-Laws shall be known as the "By-Laws of LIBERTY HIGHLANDS HOME OWNERS ASSOCIATION, INC."
ARTICLE II-MEMBERS
Section 1.
Annual Meeting.
The annual meeting of the members shall be held during the second week of March each year, at a date and time determined by the Board of Directors, for the purpose of electing directors and for the transaction of such other business as may come before the meeting.
Section 2.
Special Meetings.
Special meetings of the members for any purpose or purposes, unless otherwise prescribed by Statute, may be called by the Board of Directors, at the request of the members of not less than one-tenth of the voting shares of the corporation entitled to vote at the meeting.
Section 3.
Place of Meeting.
Meetings of the corporation shall be held at a convenient place such as may be
designated by the Board of Directors.
Section 4.
Annual Meeting.
It shall be the duty of the Secretary to mail or serve personally a notice of each annualor special meeting, stating the purpose thereof, as well as the time and place where it is to be held, to each member of record, at least ten, but not more than twenty, days prior to said meeting. The mailing of the notice herein shall be considered sufficient. However, it shall be the duty of all members to keep the Secretary at all times advised of their current mailing addresses, and Secretary shall not be responsible for failure of the members to keep him so advised.
Section 5.
Members, Voting, Proxies, Quorum, Lack of Quorum.
One-third of the lot owners represented in person or by proxy shall constitute a quorum. Votes may be cast in person or by proxy. Proxies must be filed with a member of the Board of Directors at or before the start of each meeting. If any meeting of owners cannot be organized because of lack of a quorum, the lot owners who are present, either in person or by proxy, may adjourn the meeting to a time not less than 48 hours from the
time the original meeting was called.
ARTICLE III-BOARD OF DIRECTORS
Section 1.
Number and Qualifications of Directors.
The Board of Directors shall manage the affairs of the Corporation. Such Board of Directors, except the initial Board of Directors, shall consist of three directors who must be owners
of lots in the subdivision.
Section 2.
Powers of Directors.
The Board of Directors shall have the powers and duties necessary for the administration of the affairs of this corporation and may do all such acts and things as are not by law or by the Articles of Incorporation or by the By-Laws prohibited. The Board of Directors shall have the power to suspend the voting rights of any member during any period in which such member shall be in default in payment of any assessment levied by the Association.
Section 3.
Responsibilities of Directors.
In addition to such other duties imposed by the Articles of Incorporation and by these By-Laws or by resolutions of the corporation, the Board of Directors shall be responsible for the following:
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the ownership, management, maintenance and improvement of Outlots 1 to 12, inclusive, through LIBERTY HIGHLANDS HOME OWNERS ASSOCIATION, INC.
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the promulgation and enforcement of rules and regulations relative to such common lands and facilities, and
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the establishment of a yearly budget for the estimated cost of carrying out their responsibilities set forth in "a" above.
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the fixing, levying and collecting of assessment as necessary for the aforesaid purposes. Within 30 days before or after the beginning of each fiscal year of the corporation, the Board of Directors shall ascertain the assessment to cover the
services to be provided by the Homeowners Association for the ensuing year--and Shall notify each member in writing as to that assessment with reasonable itemization thereof. -
At each annual meeting of the corporation, the Directors shall supply to all of the owners an accounting of the expenses paid during the preceding fiscal year along with a tabulation of amounts collected pursuant to the estimates provided and showing any shortage or overage of actual expenditures plus reserves. Any amount accumulated in excess of the amount required for actual expenses shall be credited to each owner in
the proportion as provided in the Articles of Incorporation for the next fiscal year. Any net shortage shall be added to the assessment for the next fiscal year. -
The corporation and the Directors hereof shall keep full and correct books of account and the same shall be open for inspection by any owner or representative of any owner duly authorized in writing, at such reasonable time or times during normal business hours as may be requested by a member.
Section 4.
Contracting for Outside
The directors may contract for such services as are required to carry out its responsibilities with regard to the care and maintenance of Outlots 1 to 12 inclusive.
Section 5.
Election and Term of Office.
At the first annual meeting of the unit owners, the term of office of one member of the Board of Directors shall be fixed at three years, the term of office of one member of the Board of Directors shall be fixed at two years and the term of office of one member of the Board of Directors shall be fixed at one year. At the expiration of the initial term of office of each respective member of the Board of Directors, his successor shall be elected to serve for a term of three years. The members of the Board of Directors shall
hold office until their respective successors shall have been elected by the unit owners.
Section 6.
Removal of Members of the Board of
Directors.
At any regular or special meeting of unit owners, any one or more of the members of the Board of Directors may be removed with or without cause by a majority of the unit owners
and a successor may then or there or thereafter be elected to fill the vacancy thus created. Any member of the Board of Directors whose removal has been proposed by the unit owners shall be given an opportunity to be heard at the meeting. A director may resign at any time by filing his written resignation with the Secretary of the corporation. Directors need not be residents of the State of Wisconsin.
Section 7.
Vacancies on Board.
Vacancies on the Board of Directors caused by any reason shall be filled by a vote of
the majority of the remaining directors, even though they constitute less than a quorum; and each person so elected shall be a Director until a successor 1s elected at the next annual meeting of the corporation. Any director who ceases to be an owner of a lot shall automatically cease to be a director.
Section 8.
Regular Meetings and Notice.
Regular meetings of the Board of Directors may be held at such time and place as shall be determined from time to time, by a majority of the Directors, but at least two such meetings shall be held during each fiscal year. Notice of regular meetings of the Board of Directors shall be given to each Director, personally or by mail, telephone or telegraph, at least three days prior to the day named for such meeting. However, it shall be sufficient notice to each director if he shall have been notified at the last previous meeting of the next ensuing meeting.
Section 9.
Vacancies on Board.
Special meetings of the Board of Directors may be called by the President on three days I notice to each director, given personally or by mail, telephone, which notice shall state the time, place and purpose of the meeting. Special meetings of the Board
of Directors shall be called by the President or Secretary in like manner and on like notice on the written request of at least two directors.
Section 10.
Waiver of Notice.
Before or at any meeting of the Board of Directors, any director may, in writing, waive notice of such meeting and such waiver shall be deemed equivalent to the giving of such notice. Attendance by a director at any meeting of the Board of Directors shall be a waiver of notice by him of the time and place thereof. If all of the directors are present at any meeting of the Board, no notice shall be required and any business may be transacted at such meeting.
Section 11.
Quorum of Directors - Adjournments.
At all meetings of the Board of Directors, a majority of the directors shall constitute a quorum for the transaction of business, and the acts of the majority of the directors present at a meeting 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 shall be less than a quorum present, the majority of those present may adjourn the meeting from time to time. At any such adjourned meeting, any business which might have been transacted at the meeting as originally called for may be transacted without further notice provided, however, that a quorum is present at such adjourned meeting.
Section 12.
Operating and Reserve Funds.
Within one week after their election, the Board of Directors shall establish an operating and reserve fund. The fund shall be deposited in a bank checking account and excess funds may be transferred therefrom to a bank or savings and loan savings account. The Board of Directors shall be authorized to draw upon said funds to meet the Association 's commitments. In addition to other uses for these funds authorized by the Articles of Incorporation and these By-Laws, the Board of Directors may use from such funds any amount necessary to discharge any mechanics liens or other encumbrances levied against the community land and common facilities of the project.
ARTICLE IV-OFFICERS
Section 1.
Principal Officers.
The principal officers of the corporation shall be a President, a Secretary and a Treasurer, all of whom shall be elected by and from the Board of Directors. The offices of Secretary and Treasurer may, at the option of the Board of Directors, be combined as one office. The
Directors may appoint such assistants and such other officers as in their judgment may be necessary.
Section 2.
Election and Removal.
The officers of the corporation shall be elected annually by the Board of Directors at the organization meeting of each new Board and shall hold office at the pleasure of the Board. Upon an affirmative vote of the majority of the members of the Board of Directors, any officer may be removed either with or without cause, and his successor elected at any regular meeting of the Board of Directors or at any special meeting of the Board called for such purpose upon proper notice given.
Section 3.
President
The president shall be the chief executive officer of the corporation, and he shall preside
at all meetings of the corporation and of the Board of Directors. He shall have all the general powers and duties which are usually vested in the office of the President of a corporation, including but not limited to the power to appoint committees from among the owners from time to time as he may in his discretion decide is appropriate to assist in the conduct of the affairs of the corporation.
Section 4.
Secretary .
The secretary shall keep the minutes of all meetings of the Board of Directors and the minutes of all meetings of the corporation; and he shall have charge of such books and papers as the Board of Directors may direct, and he shall, in general, perform all the duties incident to the office of secretary.
Section 5.
Treasurer.
The treasurer shall have the responsibility for corporation funds and securities and shall be responsible for keeping full and accurate accounts of all receipts and disbursements and books belonging to the corporation. He shall be responsible for the deposit of all
monies and all valuable effects in the name, and to the credit, of the corporation in depositories as may from time to time be designated by the Board of Directors. The treasurer shall also be responsible for the billing and collection of all assessments made by the corporation.
ARTICLE V DUTIES, OBLIGATIONS AND RIGHTS OF MEMBERS
Section 1.
Obstruction in Common Areas.
No owner shall place or cause to be placed any obstructions or objects in any of the common areas, without the written permission of the Board of Directors.
Section 2.
Use of Common Areas.
All owners shall have the right to use the open space and facilities of Outlots 1 to 12 inclusive subject to such rules and regulations as may be established for the government thereof.
Section 3.
Paxment of Assessment.
On or before the thirteenth day of the fiscal year each owner Shall be obligated to pay the corporation or as it may direct, 100 percent of the assessment made pursuant to the requirements of the Declaration of Restrictions and covenants for LIBERTY HIGHLANDS, Section 17. If such payment is not made prior to the sixteenth day after the beginning of the fiscal year, the Board of Directors may prescribe a penalty for each day in which such assessment is not paid subsequent to the tenth day after the beginning of the fiscal year.
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If a member is in default in the payment of the assessment for a period of more than 30 days, the Board of Directors in the name of the corporation may bring suit for and on behalf of the corporation, to enforce collection of such delinquencies or to foreclose the lien therefore as provided by law; and there shall be added to the amount due the costs of said
sui t, the legal interest, reasonable attorney' s fees and such penalties as may have been prescribed by the Board of Directors. The amount of any delinquent and unpaid charges,
assessments, penalties, interest, costs and fees as herein provided shall be and become a lien against the real property lot or lots of the member involved when payable and may be foreclosed as a lien as provided by law. In addition to the liens provided for herein, all of the members shall also be personally liable for any charges or assessments made against the real property lot or lots owned by them.
NO member may waive or otherwise escape liability for the assessments provided herein by non-user of the community lands and common facilities of the project.
ARTICLE VI -FISCAL YEAR
The fiscal year of the corporation shall begin on the first day of March and end of the last day of February in each
year.
ARTICLE VII - AMENDMENTS
At any meeting called for such purpose, these By-Laws may be amended by an affirmative vote of at least a majority of all the voting members of the corporation.
ARTICLE VIII -ADDITIONAL POWERS
In addition to the powers and duties and limitations enumerated herein, the corporation and the Board of Directors
shall have such other powers and duties and limitations as may be conferred and required by the Articles of Incorporation.