Continued: page
1, page 2, page 3
ARTICLE X
Section 1. Annual
Dues
a. Except
for membership governed by Section 1b below, the amount of the regular
yearly membership dues of the association shall be $25.00 per lot
owners’ association lot and $35.00 for each acre of unsubdivided
property.
(Revised
9/13/06)
b. As a condition of the granting of lake rights and membership
status to new subdivisions pursuant to ARTICLE XI, Section 1, a structure
of dues and membership benefits may be established as part of an
agreement between any new subdivision and the MPOA, provided that
the dues paid by Section 1b members shall at no time be less than
the dues paid by Section 1a members, nor shall the membership benefits
available to Section 1b members exceed those available to Section
1a members.
(Revised 5/12/04)
c. The
annual dues will be apportioned in such a manner as to cover the
budgeted expenses of the dam and lake fund; general operating fund,
mosquito abatement fund, lake renewal fund, contingencies and any
additional budgeted expenses approved through the annual budget process
outlined in Article V, Section 2.
(Revised
5/12/04)
Section 2. Bills shall be mailed to
the subdivisions and to the owners of the unsubdivided properties
beginning not later than March 1, 1995 and annually thereafter. Accounts
shall not be considered delinquent until three months after billing. In
computing the number of lots for the purpose of assessing dues, lots,
beaches, and parks owned by the Lot Owners Associations, religious
organizations and tax supported public bodies shall be exempt. The
M.P.O.A. may increase or decrease dues as provided in Article XII,
Section 1., but no increase or decrease shall be valid unless applied
to both lots and unsubdivided acreage proportionally.
Section 3. All
dues shall be paid to the Secretary of the M.P.O.A.
Section 4. A subdivision or unsubdivided
property delinquent in the payment of dues as provided in Section
2 of this article shall not be entitled to vote and shall be so informed
of the suspension in writing. The subdivision or unsubdivided
property in arrears may, however, regain its original standing by
the full and complete payment of all delinquent dues.
Section 5. All monies remaining delinquent
shall be charged as a claim of lien against the sub-division or unsubdivided
property which is in arrears, and it shall be the duty of the Treasurer
and Secretary to institute such legal proceedings as will effectively
protect said claim or lien of the M.P.O.A. against the subdivision
or unsubdivided property and insure the collection of the delinquent
dues. Any and all costs incurred in preparing and filing such
claims or liens shall be added to the sum total of the dues and paid
by the assessed before reinstatement.
Section 6. As
a condition of membership in the M.P.O.A, any new subdivision and
each present member subdivision within one year from the passage
of these amended by-laws shall submit evidence to the M.P.O.A.:
1. That
the subdivision is authorized pursuant to its by-laws to take legal
action against any of the individual property owners, including the
filing of a lien and/or small claims suit on the property, to enforce
the collection of delinquent dues owed to the M.P.O.A.;
2. That
the subdivision will enforce its rights to collect such delinquent
dues for the benefit of the M.P.O.A.; or
3. That,
in the alternative, the subdivision will pay the M.P.O.A. any and
all delinquent dues of its members.
ARTICLE XI
GENERAL
(Revised 2/8/06)
LAKE RIGHTS, REGULATIONS FOR LAKE USE, AND ISSUANCE OF FUTURE REGULATIONS
Section 1. LAKE
RIGHTS.
A. Lake
rights may be granted by the M.P.O.A. provided that the individual
or entity requesting such a grant shall, at a minimum, document
to the satisfaction of the M.P.O.A. that the property for which
lake rights is requested shows a clear and certain means of access
to the lake.
B. Before
lake rights can be granted or any real property belonging to
the M.P.O.A. conveyed or otherwise disposed of or dedicated to
the public, a Convention of Delegates must approve the proposed
action by a 2/3 majority vote of the assembly.
Section 2. REGULATIONS
FOR LAKE USE.
A. Hunting
and Shooting. No person shall be permitted to hunt or shoot
on the waters of Wonder Lake, or on the property owned by the M.P.O.A.,
unless he or she has obtained a permit from the M.P.O.A. Conservation
Commission, or is accompanied by a person who has a permit. The
permit may be issued only to a person who has lake rights. The
applicant must agree in writing to:
1) Comply
with all State and Federal regulations as well as all flowage
agreements.
2) Indemnify,
hold harmless, and defend the M.P.O.A. and the owners of land
overflowed by waters of Wonder Lake, as evidenced by a copy of
the certificate of insurance showing such coverage.
3) The
holder of the permit shall be responsible for the acts of his/her
guests or his/her family who may accompany him/her.
4) In
the event a person fails to comply with any of the above regulations,
the permit shall be revoked.
B. Duck
Blinds. No person shall be permitted to build a duck blind
on the waters of Wonder Lake, unless he or she has obtained a permit
from the M.P.O.A. Conservation Commission. The permit may be
issued only to a person who has lake rights. The applicant
must agree in writing to:
1) Comply
with all State, Federal and applicable local regulations as
well as all flowage agreements.
2) Remove
or cause to be removed all floating duck blinds within two
weeks after the close of the duck hunting season.
3) Indemnify,
hold harmless, and defend the M.P.O.A. and the owners of land
overflowed by the waters of Wonder Lake as evidenced by a copy
of the certificate of insurance showing such coverage.
4) The
holder of the permit shall be responsible for the acts of his/her
guests or his/her family who may use the blind.
5) In
the event a person fails to comply with the above regulations,
the permit shall be revoked.
C. Registration
Decals. The following regulations apply to the issuance
of decals and to those persons receiving decals.
1) M.P.O.A.
registration decals are issued annually and are required to
be affixed to all vehicles placed on and used in the waters of
Wonder Lake, irrespective of size or propulsion.
2) Registration
decals may be obtained at the M.P.O.A. office or by mail. (Revised
9/10/03.)
3) The
M.P.O.A. decal shall be placed on the right (starboard) side of the
vehicle windshield. If there is no windshield, the decal
shall be affixed on the right (starboard) side of the hull,
but not next to or near the Illinois Registration numbers or
State sticker.
4) M.P.O.A.
recreational Guest decals may be issued by member subdivisions and
unsubdivided property owners to members of their respective subdivision
or to owners of their respective unsubdivided property, who expect
their guests to temporarily place a recreational vehicle on the waters
of Wonder Lake for a period not to exceed 72 consecutive hours. (Revised
9/13/95.)
Members
who are issued a Guest decal shall be responsible for the acts
of their guest.
5) All
subdivisions and owners of unsubdivided property are required to
provide the M.P.O.A. office with an annual report by November 1st
of each year, of the recreational Guest decals issued. (Revised
9/10/03.)
D. Use
of Aircraft. The use of aircraft in and on Wonder Lake
is prohibited except in case of proven emergency as authorized
by the M.P.O.A. through its Directors.
The landing,
take off and mooring of aircraft on Wonder Lake in violation of
the prohibition shall subject the owner/operator to a fine of $1,000.00
for each separate offense, to be construed as each unpermitted
use of the seaplane and each day the seaplane is moored in violation
of the prohibition except where the M.P.O.A. through its Directors
has authorized the emergency use and mooring of the seaplane. The
determination that a violation has occurred shall be made by the
Directors.
Article XI, Section 2D added by amendment as per vote of the Delegates
at a Special Convention 4-24-02.
Section 3. AUTHORITY TO ISSUE FUTURE REGULATIONS.
From and after
the date of the Amendment to the By-laws dated February 8, 2006,
the Directors are hereby authorized to promulgate additional regulations
governing the use and enjoyment of the lake by its permitted users,
as well as penalties for the violation thereof, provided that any
such regulations and penaltiesshall be valid only upon the vote
of a two-thirds (2/3) majority of Directors present at a special
meeting called for such purpose, or at a regular meeting of Directors.
Furthermore, no vote on new regulations may be taken unless and
until notice of any intended vote on a proposed regulation, along
with a copy of the meeting agenda, shall have been served in accordance
with the procedures applicable to notice of meetings set forth
in Article IX, Section 3 of these By-Laws, nor will any new regulations
approved by the requisite vote of the Directors become effective
until fourteen (14) days following the date such regulations in
their approved form are served in accordance with the said procedures
for service of notice. The
Directors shall maintain a current written list of all regulations
and their penalties, which list shall be available for inspection
and copying in the office of the MPOA.
Section 4. PENALTIES.
Except for the
violation described in Section 2D above, persons found to be in
violation of any regulations set forth in this Article XI or issued
by the Directors pursuant to Section 3 are subject to fines established
by the Directors consistent with the specific regulations adopted
by the Directors in accordance with Section 3 above, provided that
the Directors shall set a minimum and maximum penalty for the violation
of each regulation. Each day of a continuing violation
shall be deemed a separate offense. The Directors shall establish
written procedures available to members for notifying any lake users
of violations they have committed and of the penalties associated
with such violations. The Directors shall have the authority
to waive or reduce the amount of any penalties assessed against
a lake user who has violated an MPOA regulation when compliance
has been prompt, or when a reasonable explanation for the alleged
violation has been presented to the Directors.
ARTICLE XII
BY-LAW AMENDMENTS
Section 1. These By-Laws
may be amended at any regular or special Delegates' Convention
by
a two-thirds (2/3) majority vote of the assembly.
Section 2. The
Secretary shall mail copies of the proposed By-Law amendments
to all delegates,
subdivision secretaries and owners of unsubdivided property. Such notification
shall be postmarked no later than twenty (20) days prior to the convention
at which the amendment(s) will be considered.
(Revised
9/11/96)
ARTICLE XIII
LEGAL SERVICES
If at any time the officers determine that it is necessary to employ
professional legal services to enforce any of the provisions of these
By-Laws, the Member against whom any such action is necessary shall be held liable for payment of all attorney's fees,
as well as any damages, M.P.O.A. late charges, liens,and court costs.
ARTICLE XIV
All other rights and powers of the Corporation and
of its Officers and Directors shall be governed by the Illinois
Statute known as the "General Not for Profit Corporation Act" (805
ILCS 105/101.01 et seq) effective January 1, 1987 and any revision
thereof or amendments thereto.
ARTICLE XV
The Temporary Constitution and By-Laws previously adopted on October
3, 1965 are hereby repealed.
ARTICLE XVI
The prior By-Laws adopted and became effective on January 30, 1966
with amendments added May 6, 1966 and July 15, 1966, and ratified
unanimously at first Convention of Delegates on August 28, 1966,
and updated as of January 31, 1981, September 14, 1994, September
13,1995, September 11, 1996, September 13, 2000, April 24, 2002,
September 10, 2003, and February 8, 2006.
ARTICLE XVII
Roberts Rules of Order shall apply in all instances where these
By-Laws do not specifically apply.
Back:
page 1, page 2,
page 3
