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    Clubhouse Dr & County Rd 20 started makeover Jan. 2013
Entranceway on Jan 2013

Clubhouse Donations as of Dec 2013

Clubhouse Dr. Exp. as of  Dec 2013
2014 Memorandum - Failed to Work
Memorandum

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2016 Golf Club Entranceway

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Resident’s Blue Bird Boxes:

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Information of Lakeveiw Estates click below:

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BY-LAWS

Of

CARNOUSTIE GARDENS HOME OWNERS ASSOCIATION, INC.

ARTICLE I

Name, Principal Office, and Definitions

NAME: The Name of the Association is the Carnoustie Gardens Home Owners Association, Inc. (CGHOA).

PRINCIPAL OFFICE: The principal office of the Carnoustie Gardens Home Owners Association in the STATE of ALABAMA shall be in BALDWIN COUNTY.

DEFINITIONS The words used in these BY-LAWS shall have the same meaning as set forth in the DECLARATION OF COVENANTS. CONDITIONS AND RESTRICTIONS for the Carnoustie Gardens Home Owners Association, Inc. (CGHOA Declarations).  All terms used in these BY-LAWS shall have the same meaning given for each of them stated in the DECLARATION OF COVENANTS. CONDITIONS AND RESTRICTIONS, unless the context otherwise requires, and are incorporated by reference and made a part of these BY -LAWS. In the event of a conflict between the provisions of the DECLARATION OF COVENANTS. CONDITIONS AND RESTRICTIONS, the Carnoustie Gardens Home Owners Association ARTICLES OF INCORPORATION or these BY-LAWS, the DECLARATION OF COVENANTS. CONDITIONS AND RESTRICTIONS prevails.

ARTICLE II

The Carnoustie Gardens Home Owners Association, Membership, Meetings Quorum, Voting, Proxies

MEMBERSHIP. The qualification for membership shall be ownership of a LOT in the PROPERTY (as defined in the CGHOA Declarations). No membership may be separated from the LOT to which membership is appurtenant. The qualification for membership is more fully set out in the CGHOA Declarations, the terms of which pertaining to membership are specifically incorporated in these BY-LAWS by reference.

PLACE OF MEETINGS. Meetings of the CGHOA shall be held at the principal office of the CGHOA or at such other suitable place convenient to the MEMBERS as may be designated by the CGHOA Board of Directors either within the PROPERTY or as convenient to the PROPERTY as possible and practical.

ANNUAL MEETINGS. Except as provided in these BY -LAWS or the CGHOA Declaration, the annual meeting of the CGHOA. whether a regular or special meeting, shall be held on the second Saturday of September of each year.

SPECIAL MEETINGS. Except as provided in these BY -LAWS or the CGHOA Declaration, the President may call special meetings. In addition, it shall be the duty of the President to call a special meeting of the CGHOA if so directed by resolution of a MAJORITY (as defined in these BY-LAWS) of the CGHOA Board of Directors or upon a petition signed by the MEMBERS representing at least twenty percent (20%) of the total votes of the Carnoustie Gardens Home Owners. The notice of any special meeting shall state the date, time and place of such meeting and the purpose of such meeting. No business shall be transacted at a special meeting except as stated in the notice.

NOTICE OF MEETINGS. Written or printed notice stating the place, day and hour of any meeting of the MEMBERS shall be delivered. either personally or by mail, to each MEMBER entitled to vote at such meeting. not less than ten (10) nor more than fifty (50) days before the date of such meeting, by or at the direction of the President or the Secretary or the officers or MEMBERS calling the meeting.

In the case of a special meeting or when required by statute or these BY -LAWS, the
purpose or purposes for which the meeting is called shall be stated in the notice. No business shall be
transacted at a special meeting except as stated in the notice.

If mailed, the notice of a meeting shall be deemed to be delivered when deposited in the United States mail addressed to the MEMBER at the address of the MEMBER as the address appears on the records of the CGHOA, with postage prepaid.

WAIVER OF NOTICE. Waiver of notice of a meeting of the MEMBERS shall be deemed the equivalent of proper notice. Any MEMBER may, in writing, waive notice of any meeting of the MEMBERS, either before or after such meeting. Attendance at a meeting by a MEMBER or alternate shall be deemed waiver by such MEMBER of notice of the time, date and place of said meeting, unless such MEMBER specifically objects to lack of proper notice at the time the meeting is called to order. Attendance at a special meeting shall also be deemed waiver of notice of all business transacted at said meeting unless objection to the calling or convening of the meeting, of which proper notice was not given, is raised before the business is put to a vote.

ADJOURNMENT OF MEETINGS. The MEMBERS present at a duly called or held meeting may continue to do business until adjournment.

VOTING. The voting rights of the MEMBERS shall be as set forth in the CGHOA Declaration, and such voting rights provisions are specifically incorporated in these BY –LAWS.

PROXIES. Votes may be by proxy. The form and content of a proxy and the procedure for filing the proxy shall be determined by the CGHOA Board of Directors.

MAJORITY. As used in these BY-LAWS, the term "MAJORITY" shall refer to a simple majority of votes by OWNERS present at an annual or special meeting of the CGHOA Board of Directors.

CONDUCT OF MEETINGS. The President shall preside over all meetings of the CGHOA, and the Secretary or designee shall keep the minutes of the meeting and record all resolutions adopted at the meeting, as well as a record occurring at the meeting.

ACTION WITHOUT A MEETING. Any action required by law to be taken at a meeting of the MEMBERS, or any action which may be taken at a meeting of the MEMBERS, may be taken without a meeting if written and/or electronic consent setting forth the action so taken is signed by all the MEMBERS entitled to vote with respect to the subject matter of the vote, and any such consent shall have the same force and effect as a unanimous vote of the MEMBERS. Digital and or telephone communications shall be incorporated into the minutes.

ARTICLE III

The CGHOA Board of Directors, Number, Power, Meetings

COMPOSITION AND SELECTION

GOVERNING BODY; COMPOSITION. The affairs of the CGHOA shall be governed by the CARNOUSTIE GARDENS Board of Directors. Each member of the CGHOA Board of Directors shall have one (1) vote. 

 NUMBER OF DIRECTORS. The number of members on the CGHOA Board of Directors shall be not less than three (3) but not more than the numbers which from time to time, as shall be determined and fixed by a MAJORITY of the voting rights of the MEMBERS, as provided in these BY-LAWS and the CGHOA Declaration. The initial CGHOA Board of Directors, and all future Board of Directors, shall consist of five (5) members as identified in the CARNOUSTIE GARDENS ARTICLES OF INCORPORATION.

NOMINATION OF DIRECTORS. A letter containing a nominating ballot shall be sent by the Secretary of the CGHOA Board of Directors to all Lot Owners, either by U.S. Mail, postage pre-paid or email, no later than forty-five (45) days prior to the annual CGHOA meeting. The Lot Owners shall make as many nominations for each vacancy to the CGHOA Board of Directors as desired. The Secretary shall compile the data and prepare an official ballot that will be mailed via U.S mail, postage pre-paid or emailed to all Lot Owners. All candidates shall have a reasonable opportunity to communicate their qualifications to the Lot Owners and to solicit votes. Election of officers shall take place at the annual meeting of the CGHOA.

ELECTION: The CGHOA shall call a special meeting at which MEMBERS shall elect the members of the CGHOA Board of Directors. At any election of members to the CGHOA Board of Directors, each MEMBER shall be entitled to cast one (1) equal vote with respect to each vacancy to be filled. The candidates receiving the largest number of votes shall be elected. The members of the CGHOA Board of Directors elected by the MEMBERS shall hold office until their respective successors have been elected by the CGHOA. Members of the CGHOA Board of Directors may be elected to serve any number of consecutive terms.

 OFFICERS. The officers of the CGHOA shall be a President, Vice President, Secretary, Treasurer and one Member-at-Large to be elected from among the members of the CGHOA Board of Directors, The CGHOA Board of Director positions may be rotated after the annual CGHOA meeting.

TERM OF OFFICE AND VACANCIES:  The officers of the CGHOA shall be elected annually by the CGHOA Board of Directors at the first meeting of the CHGOA Board of Directors following each annual meeting of the MEMBERS, as set forth in these BY-LAWS. A vacancy in any office arising because of death, resignation, removal or otherwise may be filled by the CGHOA Board of Directors for the unexpired portion of the term.

 REMOVAL OF DIRECTORS AND VACANCIES. Any officer may be removed by the CGHOA Board of Directors whenever in the judgment of the CGHOA Board of Directors the best interests of the CGHOA will be served. Members may be removed, with or without cause, by the vote of MEMBERS holding a SIMPLE MAJORITY of the vote present at a meeting called for that specific purpose. Any member of me CGHOA Board of Directors whose removal is sought shall be given notice prior to any meeting called for that purpose. A member of the CGHOA Board of Directors who was elected solely by the votes of members of the CGHOA Board of Directors may be removed from office prior to the expiration of the term of said member of the CGHOA Board of Directors only by the votes of a MAJORITY of CGHOA Board of Directors members. Upon removal of a member of the CGHOA Board of Directors, a successor shall be elected by the remaining Board of Directors and that person shall serve until the next annual meeting, when a new member to the Board of Directors shall be chosen by the MEMBERS. The newly elected person will complete the full remaining term of the office that has been vacated.

RESIGNATION: Any officer may resign at any time by giving written notice to the CGHOA Board of Directors, the President or the Secretary. Such resignation shall take effect on the date of the receipt of such notice or at any later time specified in said notice, and unless otherwise specified in said notice, the acceptance of such resignation shall not be necessary to make said resignation effective.

Any member of the CGHOA Board of Directors elected by the MEMBERS who has three (3) consecutive unexcused absences from CGHOA Board of Directors meetings or who is delinquent in the payment of any DUES or ASSESSMENT or other charge due the CGHOA for more than thirty (30) days may be removed by a MAJORITY of the members of the CGHOA Board of Directors present at a regular or special meeting at which a QUORUM is present, and a successor may be appointed by the CGHOA Board of Directors to fill the vacancy for the remainder of the term. In the event of the death, disability or resignation of a member of the CGHOA Board of Directors, a vacancy may be declared by the CGHOA Board of Directors; and the CGHOA Board of Directors may appoint a successor. Any member of the CGHOA Board of Directors appointed by the CGHOA Board of Directors shall serve for the remainder of the term of the member of the CGHOA Board of Directors who vacated the position.

MEETINGS

ORGANIZATIONAL MEETINGS. The first meeting of the CGHOA Board of Directors following each annual meeting of the membership shall be held within ten (10) days thereafter at such time and place as shall be fixed by the CGHOA Board of Directors.

REGULAR MEETINGS. Regular meetings of the CGHOA Board of Directors may be held at such time and place as shall be determined from time to time by a MAJORITY of the members of the CGHOA Board of Directors, but at least four (4) such meetings shall be held during each fiscal year with at least one (1) per quarter, Notice of the time and place of the meeting shall be communicated to the members of the CGHOA Board of Directors not less than four (4) days prior to the meeting; HOWEVER, notice of a meeting need not be given to any member of the CGHOA Board of Directors who has signed a waiver of notice or a written consent to holding of the meeting.

SPECIAL MEETINGS. Special meetings of the CGHOA Board of Directors shall be held when called by written notice signed by the President of the CGHOA or by any two (2) members of the CGHOA Board of Directors. The notice shall specify the time and place of the meeting and the nature of any special business to be considered. The notice shall be given to each member of the CGHOA Board of Directors by one (1) of the following methods: (a) by personal delivery; (b) written notice by first class mail, postage prepaid; (c) by telephone communication, either directly to the member of the CGHOA Board of Directors or to a PERSON at the office or home of the member of the CGHOA Board of Directors who would reasonably be expected to communicate such notice promptly to the member of the CGHOA Board of Directors; or (d) by email. All such notices shall be given at the telephone number of the member of the CGHOA Board of Directors or sent to the address of the member of the CGHOA Board of Directors as shown on the records of the CGHOA. Notices sent by first class mail shall be deposited into a United States mailbox at least four (4) days before the time set for the meeting. Notices given by personal delivery, telephone, or emailed shall be delivered, telephoned, or emailed at least seventy-two (72) hours before the time set for the meeting.

WAIVER OF NOTICE. The transactions of any meeting of this CGHOA Board of Directors, however called and noticed or wherever held, shall be as valid as though taken at a meeting duly held after regular call and notice if (a) a QUORUM is present, and (b) either before or after the meeting each of the members of the CGHOA Board of Directors not present signs a written waiver of notice, a consent to holding the meeting or an approval of the minutes. The waiver of notice or consent need not specify the purpose of the meeting. Notice of a meeting shall also be deemed given to any member of the CGHOA Board of Directors who attends the meeting without protesting before or at the commencement of said meeting about the lack of adequate notice.

QUORUM OF THE CGHOA Board of Directors. At all meetings of the CGHOA Board of Directors, a simple MAJORITY of the member of the CGHOA Board of Directors shall constitute a QUORUM for the transaction of business, and the votes of a MAJORITY of the members of the CGHOA Board of Directors present at a meeting at which a QUORUM is present shall constitute the decision of the CGHOA Board of Directors. A meeting at which a QUORUM is initially present may continue to transact business, notwithstanding the withdrawal of members of the CGHOA Board of Directors, if any action taken is approved by at least a simple MAJORITY of the required QUORUM for that meeting. If any meeting of the CGHOA Board of Directors cannot be held because a QUORUM is not present, a simple MAJORITY of the members of the CGHOA Board of Directors who are present at such meeting may adjourn the meeting to a time not less than five (5) nor more than thirty (30) days from the date the original meeting was called. At the reconvened meeting, if a QUORUM is present. any business which might have been transacted at the meeting originally called may be transacted without further notice.

COMPENSATION. No member of the CGHOA Board of Directors shall receive any compensation from the CGHOA for acting as such unless approved by MEMBERS representing a SIMPLE MAJORITY of the vote of the CGHOA present at a regular or special meeting of the CHGOA; provided any member of the CGHOA Board of Directors may be reimbursed for expenses incurred on behalf of the CGHOA upon approval of a MAJORITY of the other members of the CGHOA Board of Directors.

CONDUCT OF MEETINGS. The President shall preside over all meetings of the CGHOA Board of Directors, and the Secretary shall keep minutes of meetings of the CGHOA Board of Directors, recording all resolutions adopted by the CGHOA Board of Directors and all transactions and proceedings occurring at such meetings. Meetings may be conducted by telephone and shall be considered as any other meeting, provided all members of the CGHOA Board of Directors are able through telephone connection to hear and to be heard.

OPEN MEETINGS. Subject to the provisions of these BY -LAWS, all meetings of the CGHOA Board of Directors shall be open to all MEMBERS, but MEMBERS other than members of the CGHOA Board of Directors may not participate in any discussion or deliberation unless permission to speak is requested on behalf of a member of the CGHOA Board of Directors. In such case, the President may limit the time any MEMBER may speak.

ACTION WITHOUT A FORMAL MEETING. Any action to be taken at a meeting of the members of the CGHOA Board of Directors or any action that may be taken at a meeting of the members of the CGHOA Board of Directors may be taken without a meeting if a consent in writing, setting forth the action so taken, shall be signed by all the members of the CGHOA Board of Directors, and such consent shall have the same force and effect as a unanimous vote.

POWERS AND DUTIES.

POWERS AND DUTIES: The officers The CGHOA Board of Directors shall be responsible for the affairs of the CGHOA and shall have all the powers and duties necessary for the administration of the affairs of the CGHOA. The President shall be the chief executive officer of the CGHOA. The Treasurer shall have primary responsibility for the preparation of the budget as provided for in the CGHOA Declaration and may delegate all or part of the preparation and notification duties to a finance committee, management agent, or both.

AGREEMENTS, CONTRACTS DEEDS, LEASES, CHECKS. ETC. All agreements, contracts, deeds, leases, checks and other instruments of the CGHOA shall be executed by at least two (2) officers or by such other PERSON or PERSONS as may be designated by resolution of the CGHOA Board of Directors.

POWERS.

The CGHOA Board of Directors shall delegate to one (1) of the members of the CGHOA Board of Directors the authority to act on behalf of the CGHOA Board of Directors on all matters relating to the duties of the managing agent or manager, if any, which might arise between meetings of the CGHOA Board of Directors.

In addition to the duties imposed by these BY-LAWS or by any resolution of the CGHOA that may be adopted, the CGHOA Board of Directors may delegate to one (1) or more of the members of the CGHOA Board of Directors the power to and shall be responsible for the following, in way of explanation. but not limitation:

    • preparation and adoption of annual budgets in which there shall be established the contribution of each OWNER to the CARNOUSTIE GARDENS EXPENSES; 
    • making the CARNOUSTIE GARDENS DUES to defray the CARNOUSTIE GARDENS EXPENSES, establishing the means and methods of collecting the CARNOUSTIE GARDENS DUES, and establishing the period of the installment payments of the CARNOUSTIE GARDENS DUES; provided, unless otherwise determined by the CGHOA Board of Directors, the CARNOUSTIE GARDENS DUES for the share of each LOT of the CARNOUSTIE GARDENS COMMON EXPENSES shall be payable in equal monthly installments, each such installment to be due and payable in advance on the first day of each month for said month;
    • providing for the operation, care, upkeep and maintenance of all the
      CARNOUSTIE GARDENS COMMON AREA;
    • designating. hiring and dismissing the personnel necessary for the maintenance. operation, repair and replacement of the CGHOA property, where appropriate, providing for the compensation of such personnel and for the purchase of equipment, supplies and materials to be used by such personnel in the performance of their duties;
    • collecting the CARNOUSTIE GARDENS DUES or ASSESSMENT, depositing the proceeds of the CARNOUSTIE GARDENS Dues or ASSESSMENT in a bank depository which the CGHOA Board of Directors shall approve, and using the proceeds to administer the CGHOA; provided, any reserve fund may be deposited, in the best business judgment of a members of the CGHOA Board of Directors in depositories other than banks;
    • making and amending RULES AND REGULATIONS;
    • opening of bank accounts on behalf of the CGHOA and designating the signatories required;
    • making or contracting for the making of repairs, additions and improvements to or alterations of the CARNOUSTIE GARDENS COMMON AREA in accordance with the other provisions of the CGHOA Declaration and these BY-LAWS after damage or destruction by fire or other casualty;
    • enforcing by legal means the provisions of the CGHOA Declaration, these BY-LAWS and the RULES AND REGULATIONS adopted by the CGHOA Board of Directors and bringing any proceedings which may be instituted on behalf of or against the OWNERS concerning the CGHOA;
    • obtaining and carrying insurance against casualties and liabilities, as provided in the CARNOUSTIE GARDENS Declaration, and paying the premium cost;
    • paying the cost of all services rendered to the CGHOA or MEMBERS and not chargeable directly to specific OWNERS;
    • keeping books with detailed accounts of the receipts and expenditures affecting the CGHOA and the administration of the CGHOA, specifying the maintenance and repair expenses and any other expenses incurred;
    • making available to any prospective purchaser of a LOT, any OWNER of a LOT, any first MORTGAGEE and the holders, insurers and guarantors at a first MORTGAGE on any LOT, current copies of the CARNOUSTIE GARDENS Declaration, the CARNOUSTIE GARDENS ARTICLES OF INCORPORATION, these BY-LAWS, RULES AND REGULATIONS and all other books, records and financial statements of the CGHOA; and
    • permitting utility suppliers to use portions of the CARNOUSTIE GARDENS
      COMMON AREA reasonably necessary to the ongoing development or operation of the PROPERTY.
  • MANAGEMENT AGENT. The CGHOA Board of Directors may employ for the CGHOA a professional management agent or agents at a compensation established by the CGHOA Board of Directors to perform such duties and services as the CGHOA Board of Directors shall authorize. The CGHOA Board of Directors may delegate to the managing agent or manager, subject to the supervision of the CGHOA Board of Directors, all the powers granted to the CGHOA Board of Directors by these BY -LAWS.

ACCOUNTS AND REPORTS. The following management standards of performance

will be followed unless the CGHOA Board of Directors by resolution specifically determines otherwise.

    • accrual accounting, as defined by generally accepted accounting principles, shall be employed;
    • accounting and controls shall conform to generally accepted accounting principles;
    • cash accounts of the CGHOA shall not be commingled with any other accounts;
    • no remuneration shall be accepted by the managing agent from vendors,
      independent contractors or others providing goods or services to the CGHOA, whether in the form of commissions, finder's fees, service fees, prizes, gifts or otherwise; anything of value received shall benefit the CGHOA.
    • any financial or other interest which the managing agent may have in any firm providing goods or services to the CGHOA shall be disclosed promptly to the CGHOA Board of Directors;
    • financial reports shall be prepared for the CGHOA Board of Directors at least monthly containing:
      • income statement reflecting all income and expense activity for the preceding period on an accrual basis;
      • a statement reflecting all cash receipts and disbursements for the preceding period;
      • a variance report reflecting the status of all accounts in an "actual" versus "approved" budget format;
      • a balance sheet as of the last day of the preceding period; and
      • a delinquency report listing all OWNERS who are delinquent in paying the installments of the CARNOUSTIE GARDENS DUES AND/OR ASSESSMENT at the time of the report and describing the status of any action to collect such installments which remain delinquent (an installment of the CARNOUSTIE GARDENS DUES AND/OR ASSESSMENT shall be considered to be delinquent on the fifteenth (15th) day following the due date of the installment unless otherwise determined by the CGHOA Board of Directors); and
      • an annual report consisting of at least the following shall be distributed to all MEMBERS within one hundred twenty (120) days after the close of the fiscal year: (1) a balance sheet; (2) an operating (income) statement; and (3) a statement of changes in financial position for the fiscal year. The annual report referred to above shall be prepared on an audited or reviewed basis, as determined by the CGHOA Board of Directors, by an independent public accountant.
  • RIGHTS OF THE CARNOUSTIE GARDENS HOME OWNES ASSOCIATION. With respect to the CGHOA, and in accordance with the CARNOUSTIE GARDENS ARTICLES OF INCORPORATION and the CGHOA Declaration, the CGHOA shall have the right to contract with any person for the performance of various duties and functions. Without limiting the foregoing, this right shall entitle the CGHOA to enter into common management, operational agreements within the PROPERTY. Such agreements shall require the consent of a simple majority of members of the CGHOA Board of Directors.

ENFORCEMENT. The CGHOA Board of Directors shall have the power to impose reasonable fines, which shall constitute a lien upon the property of the violating OWNER, and to suspend the right of an OWNER to vote for violation of any duty imposed under the CGHOA Declaration, these BY LAWS or any RULES AND REGULATIONS duly adopted under these BY-LAWS. HOWEVER, nothing contained in these BY-LAWS shall authorize the CGHOA or the CGHOA Board of Directors to limit ingress and egress to or from a LOT. If any occupant of a LOT violates the CGHOA Declaration, these BY-LAWS or any of the RULES and REGULATIONS and a fine is imposed, the fine shall first be assessed against the OWNER. If the fine is not paid by the OWNER within the time set by the CGHOA Board of Directors, the OWNER shall pay the fine upon notice from the CGHOA. The failure of the CGHOA Board of Directors to enforce any provision of the CGHOA Declaration, these BY -LAWS or any RULES OR REGULATIONS shall not be deemed a waiver of the right of the CGHOA Board of Directors to do so thereafter.

NOTICE. Prior to imposition of any sanction under these BY-LAWS, the CGHOA Board of Directors or the delegate of the CGHOA Board of Directors shall serve the alleged violator with written notice or email describing (I) the nature of the alleged violation, (ii) the proposed sanction to be imposed, (iii) a period of not less than ten (10) days within which the alleged violator may present a written request to the CGHOA Board of Directors for a hearing; and (iv) a statement that the proposed sanction shall be imposed as contained in the notice unless a challenge is begun within ten (10) days of the notice. If a timely challenge is not made, the sanction stated in the notice shall be imposed.

HEARING. If a hearing is requested in a timely manner, the hearing shall be held in executive session affording the OWNER a reasonable opportunity to be heard. Prior to the effectiveness of any sanction under these BY-LAWS, proof of proper notice shall be placed in the minutes of the meeting. Such proof shall be deemed adequate if a copy of the notice, together with a statement of the date and manner of delivery, is entered by the officer, member of the CGHOA Board of Directors, or agent who delivered such notice. The notice requirement shall be deemed satisfied if the alleged violator appears at the meeting. The minutes of the meeting shall contain a written statement of the results of the hearing and the sanction, if any, imposed. The CGHOA Board of Directors, may, but shall not be obligated to suspend any proposed sanction if the violation is cured within the ten (10) days period. Such suspension shall not constitute a waiver of the right to sanction future violations or other provisions and rules by any PERSON.

APPEALS: Following the hearing before the CGHOA Board of Directors the violator, should relevant new information become available, the MEMBER shall have the right to appeal the decision of the CGHOA Board of Directors. To perfect this right, a written notice of appeal shall be received by the manager, President or Secretary of the CGHOA within thirty (30) days after the hearing date.

ADDITIONAL ENFORCEMENT RIGHTS. Notwithstanding anything to the contrary contained in these BY-LAWS, the CGHOA, acting through the CGHOA Board of Directors, may elect to enforce any provision of the CGHOA Declaration, these BY-LAWS or the RULES and REGULATIONS of the CGHOA by self-help specifically including, but not limited to, the towing of vehicles that are in violation of parking RULES and REGULATIONS) or by suit at law or in equity to enjoin any violation or to recover monetary damages or both without the necessity of compliance with the procedure set forth above. In any such action, to the maximum extent permissible, the OWNER or occupant responsible for the violation of which abatement is sought shall pay all costs, including reasonable attorney's fees incurred.

Article IV

Committees

GENERAL. Committees are authorized to perform such tasks and to serve for such periods as may be designated by a resolution adopted by a MAJORITY of the CGHOA Board of Directors present at a meeting at which. a QUORUM is present Each committee shall operate in accordance with the terms of the resolution of the CGHOA Board of Directors designating the committee or with RULES AND REGULATIONS adopted by the CGHOA Board of Directors.

THE CARNOUSTIE GARDENS COVENANTS COMMITTEE. In addition to any other committees which may be established pursuant to these BY -LAWS, the CGHOA Board of Directors may appoint the CARNOUSTIE GARDENS COVENANTS COMMITTEE consisting of at least four (4) and no more than seven (7) members.

ARTICLE V

Miscellaneous

FISCAL YEAR. The fiscal year of the CGHOA shall be set by resolution of the CGHOA Board of Directors.

PARLIAMENTARY RULES. Except as may be modified by the CGHOA Board of Directors resolution, Robert's Rules of Order (current edition) shall govern the conduct of the CGHOA proceedings when not in conflict with ALABAMA LAW, the CARNOUSTIE GARDENS ARTICLES OF INCORPORATION, the CARNOUSTIE GARDENS Declaration or these BY-LAWS.

CONFLICTS. If there are conflicts between the provisions of ALABAMA LAW, the CARNOUSTIE GARDENS ARTICLES OF INCORPORATION, the CARNOUSTIE GARDENS DECLARATION and these BY-LAWS, the provisions of ALABAMA LAW, The CARNOUSTIE GARDENS DECLARATION, the CARNOUSTIE GARDENS ARTICLES OF INCORPORATION and the BY-LAWS (in that order) shall prevail.

BOOKS AND RECORDS:

 INSPECTIONS BY MEMBERS AND MORTGAGEES. The CGHOA DECLARATION and BY-LAWS, membership register, minutes of meetings of the MEMBERS, the CGHOA Board of Directors and committees shall be made available for inspection and copying by any MORTGAGE, MEMBER of the CGHOA at any reasonable time and for a purpose reasonably related to the interest as a MORTGAGEE or MEMBER at the office of the CGHOA or at such other place within the PROPERTY as the
CGHOA Board of Directors shall prescribe.

RULES FOR INSPECTION. The CGHOA Board of Directors shall establish reasonable rules with respect to:

  • notice to be given to the custodian of the records;
  • hours and days of the week when such an inspection may be made; and
  • payment of the cost of reproducing copies of documents requested.
  • Every MEMBER of the CGHOA shall have the absolute right at any reasonable time to inspect all books, records and documents of the Choate right of inspection by a member of the CGHOA Board of Directors includes the right to make extracts and a copy of relevant documents at the expense of the CGHOA.

Notices. Unless otherwise provided in these BY-LAWS, Alf notices, demands, bills, statements or other communications under these BY-LAWS shall be in writing and shall be deemed to have been duly given if delivered personally or if sent by United States Mail, first class postage prepaid to a MEMBER or MEMBERS, at the address which the MEMBER or MEMBERS has designated in writing and filed with the Secretary or, if no such address has been designated, at the address of the LOT of such MEMBER or MEMBERS; or if to the CGHOA, to the CGHOA Board of Directors or the managing agent, at the principal office of the CGHOA or the managing agent, if any, or at such other address as shall be designated by notice in writing to the MEMBERS pursuant to this Section

CERTIFICATION

  • I. the undersigned. do certify:
  • That I am the duly elected President the Carnoustie Gardens Home Owners Association, INC., an Alabama Not for Profit Corporation;

That the foregoing BY-LAWS constitute the original BY-LAWS of the CGHOA as duly adopted at a

meeting of the CGHOA Board of Directors held on the____________ of ____________________, 20___.

IN WITNESS, WHEREOF, I have ascribed our names and affixed the seal of the Carnoustie Gardens Home Owners Association, INC.

 

_______________________________________
Rose Marie Campbell

President