Bylaws

ARTICLE I – Name and Location: The name of this organization is Howell Point Association located in Penn Township, Cass County, Michigan.

ARTICLE II – Purpose

The purpose of the Howell Point Association is to represent the interests of the majority of lot owners in the Howell Point Subdivision and to perform the duties of committee and representatives, through the Board of Trustees, pertaining to restrictions of said subdivision, and to perform the duties of committee to control and maintain lots 1, 2, 3, 4, and 5 in Block 18 and Lot 7 in Block 19, known as Howell Point Park and Willow Beach and Park as described in Liber 286 page 7, and Indenture of September 23, 1975, including Howell Point Park General Rules and Boat Protocol on file in the Cass County Clerk office. And…
To support education and address issues concerning Diamond Lake (the lake) water supply, watershed, and quality of the water, prevention of pollution, shoreline erosion, and proper navigation, as regulated by the Department of Environmental Quality (DEQ) Inland Lakes and Streams codes, laws and regulations. And…
To maintain the aesthetics of Howell Point. And…
To act as a representational body to bring issues of interest to the subdivision and of the lake to the attention of governmental entities.

ARTICLE III – DEFINITIONS

Annual Membership Fee: The annual dues charged by the Association for membership, referred to as “dues” or membership fee in this document.
Annual Meeting: An annual meeting on a date set by the Board in which policies and concerns needing membership approval are voted upon by the Voting Members. Any resolutions or motions passed at the annual meeting shall not be binding on the association unless approved by the Board at the next meeting of the board.
Boat Fee: The fee associated with the Howell Point Association Boat Slip Rules and Procedures..
The Lake – Diamond Lake, Cassopolis, Michigan.
Board: The Members of the Board of Trustees elected by the Members of the Association. The Board of Trustees is the main governing body of the Association. Its decisions shall be the final decisions of the Association.
Member: The Owners, per title, of either a Member household or Member property.
Member Household: Each single, legally habitable structure in Howell Point Subdivision, Cass County, Michigan. Liber 286 limits habitable structures on a lot to one residence.
Member Property: The owner(s) per title, of an improved or unimproved lot, whether one or more legal lots in Howell Point Subdivision.
Lot: Property in the Howell Point Subdivision as shown on the recorded plat and described as a residential plot subject to restrictions as described in LIBER 286 Page 7 on file at the office of the Clerk of Cass County, Michigan.
Building Codes: The Restrictions per Liber 286 Page 7 are applicable and the intent of the Howell Point Association, but may be overridden by codes in the BOCA (Building Officials and Code Administrators) by law in Michigan and the current Penn Township Zoning Ordinance.
Voting Member: All members shall be equally privileged to voice concerns for any policy or proposition presented for discussion or decision at any meeting of the membership. The owners or proxy presented at the meeting, of one or multiple deeded lots in Howell Point Subdivision is entitled to a single vote, provided the required dues are current.
Proxy: A member entitled to vote may vote by proxy executed in writing, or electronic transmission to a Board member, dated and signed by the member. A proxy may be acted upon solely at the meeting involving the vote.
Quorum:
1. Quorum of Membership is 2/3 majority of the members or approved Proxy (see #12 above) present at the annual meeting.
2. Quorum of the Board of Trustees is 2/3 majority of the entire Board. In case of extenuating circumstances, electronic transmission of vote is allowed for Board decisions.
Guest Letter: A dated and signed letter provided to guests and renters by the paid member to verify authorization to use the park and beach.
Mail, Mailed: Mailed notices shall be deemed to be delivered when deposited in the United States mail in postage stamped, sealed and addressed envelope.
Aesthetics: The appeal of properties in the Howell Point Subdivision to owners, visitors and prospective buyers.
Persons who purchase property in Howell Point Subdivision are in agreement with the Restrictions of the Subdivision by the very act of ownership, and this becomes one of the expectations of those who live here, and if the property is rented, then the expectations of the other residents and the restrictions of Liber 286 page 7 still hold, and must be upheld through a mutual agreement between the renter and landlord.
Permanent Renter: A person who has rented from a lot owner for a period of one year.

ARTICLE IV – MEMBERSHIP

Membership in the Howell Point Association is limited to owners and permanent renters of a lot or lots in Howell Point Subdivision.
Membership Year: The membership year runs from April 1 of each year and ends March 31 of the following year.
Dues: Dues are payable each year to the Treasurer by April 1st for Boaters (slip holders and slip waiting list), and by May 1st for all other residents. The Board shall recommend dues to the membership for their approval at the Annual Meeting. Association Members who own multiple lots are not required to pay multiple dues for each deeded parcel.
Delinquent Dues: Delinquent dues are due and payable by the member upon the sale of the Member Property or lot, or last of multiple unimproved Member Properties and Lots. Delinquent dues in excess of 5 (five) years will be forgiven.
A delinquent member shall be ineligible to vote at Association meetings, and are not allowed to utilize the improvements to Howell Point Park and Willow Beach, including but not limited to the beach, beach and park furniture, parking lot, (waste bins and portable toilet), piers and inclusion on the boat list.
Assessments: Assessments levied by the Association shall be used exclusively for the purpose of promoting the health, safety and welfare of Howell Point Association members. Assessments must be approved by the Board of Director and voted upon and approved by 2/3 majority of voting members present at the Annual Meeting. Thirty day notice to all members prior to the Annual Meeting is required for any action taken regarding an assessment. Voluntary donations for special committee projects do not constitute an assessment.

ARTICLE V – OFFICERS

Officers: Officers of the Howell Point Association are President, Secretary, and Treasurer. One officer may serve as Secretary/Treasurer. Each officer shall serve as a member of the Board of Trustees. They shall be elected by a majority vote of members present at the Annual Meeting. Officers do not receive compensation for their service, except that the positions of Secretary and Treasurer do not pay Association dues, and the Boat Committee Chairman does not pay boat dues.
Vacancies: In case of death or resignation of the President, Secretary or Treasurer, any Board Member shall call a meeting of the Board and choose, by a majority of the Board members, a replacement. If any officer shall become ineligible for membership, such vacancy shall be filled as above.
Duties:
1. President: The President shall:
  1. Preside at all Board meetings and Membership meetings.
  2. Establish the agenda, date, time and location of all meetings of the Board and assure timely address of issues affecting the Association by a quorum vote of the Board.
  3. Delegate responsibility and authority to other officers and committee members.
  4. Act as an ad hoc member of and provides guidance to committees formed or appointed to serve the Association.
  5. Maintain awareness of the overall financial status and well-being of the Association.
  6. Prepare the Annual Newsletter and send to publisher.
  7. Maintain and update information in the bulletin board located in Howell Point Park.
  8. Present the Annual Report of proceedings of the Board of Trustees at the annual meeting.
  9. (Cast the deciding vote in case of a tie at any meeting.
2. Secretary: The Secretary shall:
  1. Conduct correspondence for the Association and Board of Trustees.
  2. Keep minutes of Association and Board meetings.
  3. Maintain a clear record of the business of the Association and the Board of Trustees.
  4. Make recommendations for actions of the Board based upon knowledge of correspondence and records.
3. Treasurer: The Treasurer shall:
  1. Receive all monies paid to the Association and shall keep an accurate record of the members and their financial status in the Association.
  2. Deposit all monies paid to the Association into the bank account of the Association.
  3. Disburse monies as approved by the Board of Trustees. All expenditures shall be by check from the Association account.
  4. Report the financial status of the Association as deemed necessary.
  5. Prepare a written statement of cash receipts and disbursements annually to be presented to membership at the Annual Meeting.
  6. Make recommendations for actions of the Board based upon knowledge of receipts, disbursements, correspondence and records.
  7. Assure that there shall be no deficit spending so that no Officer, Board Member or Committee Chairman may authorize an expenditure which would result in a deficit in any account of the Association.

ARTICLE VI – BOARD OF TRUSTEES AND ELECTIONS

Trustees: The Board of Trustees shall consist of seven (7) to nine (9) members, including the President, Secretary, Treasurer and four (4) to six (6) Trustees.
Nomination: Nomination for Officers and Board Members shall be made by members in good standing at the Annual Meeting. Nominees shall be in good standing with the Association.
Election: The nominee for each non-officer board position receiving the highest number of votes at the annual meeting shall be elected for that position. Officers shall be elected by a majority vote of members present at the Annual Meeting.
Terms of Office:
1. President (Officer): One year, or until successor is duly elected and qualified.
2. Secretary (Officer): One year, or until successor is duly elected and qualified.
3. Treasurer (Officer): One year, or until successor is duly elected and qualified.
4. Non-Officer Board Members: Four (4) years.
Vacancies: Officers: refer to Officer(s), Article V, b, above. Non-officers: Shall be filled by the Board of Trustees at their next meeting by a majority vote.
Duties of the Board of Trustees:
1. Establish and empower within set guidelines, Committees as appropriate for the operation of Association affairs.
2. Fill Vacancies of all positions on the Board of Trustees.
3. Attend all meetings of the Board of Trustees and the annual meeting.
4. Control the affairs of the Association and establish procedure and policy.
5. Communicate new decisions and policies at the next annual meeting.
6. Annual Report: Make a report of proceedings during the previous year and recommend such measures as deemed advisable. This report is given by the President.
7. Lead special projects as described by the Board including but not limited to:
  1. Park Maintenance
  2. Beach
  3. Lighting
  4. Signage and Flags
  5. Furniture, Sanitation, Facilities, Goose Control
  6. Refer to Committees, Article VIII, below.
Meetings of the Board of Trustees:
1. Held at least annually, as set by the President.
2. For President’s replacement as in Article V, b.
3. Additional meetings as called by the President or by a majority of the Board of Trustees. Advanced notice, release of the agenda and purpose of the meeting is optional. Matters related to personnel are not open to the general membership.
4. Roberts Rules of Order, current edition, will guide meetings of the Board of Trustees.
5. Quorum: A quorum of the Board of Trustees is 2/3 majority vote. The President shall cast the deciding vote in case of a tie.
Indemnification: Neither the current or former Officers or Members of the Board shall be liable to Members of the Association or residents of Howell Point Subdivision for any mistake of judgment or any acts or omissions of any nature whatsoever as Board Members or Officers.
Removal: Any member of the Board of Trustees who consistently fails to discharge their responsibilities may be removed by 2/3 vote of the Board of Trustees.

ARTICLE VII – MEETINGS OF THE MEMBERSHIP

Annual Meeting: The annual meeting of the Howell Point Association shall be held each year on the Saturday prior to Memorial Day, or as rescheduled by the President with prior notice to the membership.
Special Meetings: Special meetings of the membership may be called by the President or a majority of the Board of Trustees, with prior notice to the membership.
Meeting Rules: Roberts Rules of Order, current edition, will govern the meetings of the Membership, where applicable and consistent with these Bylaws, and special rules of order the Association and subcommittees may adopt.
Order of Business: The order of business of meetings of the Association membership shall substantially be:
1. Call to Order
2. Roll Call
3. Adoption of the Agenda
4. Reading and Approval of Minutes from Previous Meeting
5. Report of Officers
6. Report of the Board of Directors
7. Report of the Committees
8. Unfinished Business
9. New Business
10. Election of Officers and Directors.
11. Adjournment

ARTICLE VIII – COMMITTEES

Appointment: Committees shall be established and empowered by majority vote of the Board of Trustees. All committees (except nominating committee, if established) shall be chaired by a member of the Board of Trustees. Subcommittees shall be chaired by a member of the committees they serve and may include members not a part of the parent committee. The President shall serve as ad hoc member to all committees.
Expenditures: Expenditures by committees require approval with limits:
1. As previously set by the Board.
2. As approved by the Treasurer in amounts and for duration established by the board.
3. As approved by the Treasurer and President in amounts and duration established by the Board.
4. As approved by the Board of Trustees in amount and duration established by the Board.
5. Provide the Association Secretary copies of all contracts, policies, procedures or agreements entered into by the Association on behalf of committee function to update the records of the Association.
6. Provide the Association Treasurer documents relating to all financial agreements, contracts and expenses incurred by the Association on behalf of committee function.
Standing Committees
1. Standing Committees shall establish their own budgets, rules and procedures for Board approval.
2. Standing Committees shall establish, enforce and update rules, guidelines, policies and procedures as necessary to fulfill their function, and submit to the Board for approval, and report to the membership at the next membership meeting.
The Boat Slip Rules and Procedures, and the Howell Point General Rules are a part of these bylaws. See Attachments.
The Boat Chairman is elected by the slip holders at the annual boat meeting.
Subcommittees: Subcommittees may be established by any committee with the approval of the President, to aid in the performance of the committee.
Term: Committee members may serve indefinitely, subject to the discretion of the Committee chairman and Board of Trustees. The Committee Chairman may serve indefinitely subject to the discretion of the Board of Trustees.

ARTICLE IX – RENTAL OF MEMBER PROPERTY OR LOT

A Howell Point property or lot owner who enters into a lease or rental agreement with a third party has the duty to ensure that the tenant complies with the Bylaws of the Howell Point Association, Restrictions as noted in Liber 286 page 7, 8 and 9, Zoning regulations of Penn Township, and laws and codes of the State of Michigan, including but not limited to Lakes and Streams.
The Board of Trustees of the Howell Point Association shall notify a lot owner as well as the tenant of a lot owner of violation(s) of the items stated in number 1, above, and allow a lot owner reasonable time to remedy the violation to avoid any further action.
Use of Park and Beach by Renters: Members who rent to persons wanting to use the park and beach must pay annual dues for the rental property and supply the renter with a dated and signed Guest Letter verifying them as their guest. Guest Letters are effective for one week, unless the duration of the letter is specified in the format “month/day/year to month/day/year”.
It is the responsibility of the renter to inform guests that Association Members may ask to see a letter from the member verifying them as a guest.
Permanent Renters who pay dues are entitled to use of the park improvements.

ARTICLE X – AMENDMENTS: Procedure: These Bylaws may be amended at the annual meeting or any special meeting of the membership by a 2/3 majority vote of the members or approved Proxy present at the meeting, provided that a 30 day written notice is mailed to the membership prior to the meeting to revise the Bylaws.

By-Laws approved unanimously April 18, 2015 by Board of Trustees of the Howell Point Association.

Amendments: July 16, 2016, Special meeting of the membership.