To make this body of water known as Lake Leelanau a better place to live. To establish on-going programs to promote and protect the best interest and uses of riparian owners, boaters, fishermen, bathers, and all other parties who have access to this body of water. In doing so, The Association will review and respond to all issues relating to the protection and preservation of the Lake Leelanau environment, the surrounding land and the water, including issues regarding safety, and recreational enjoyment of the lake. In addition The Association will address issues related to governmental regulation and taxation, and will review all property development proposals to determine what impact the projects could have on the riparian owners and users of Lake Leelanau.
ARTICLE I – NAME/PURPOSE
Section 1: A non-profit organization, the name of which shall be: The Lake Leelanau Lake Association and shall be referred to hereafter as The Association.
Section 2: The Association is organized exclusively for charitable, religious, educational, and scientific purposes, including, for such purposes, the making of distributions to organizations that qualify as exempt organizations under section 501(c)(3) of the Internal Revenue Code, or corresponding section of any future federal tax code. No part of the net earnings of The Association shall inure to the benefit of, or be distributable to its members, trustees, officers, or other private persons, except that The Association shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of the purposes set forth in the purpose clause hereof. No substantial part of the activities of The Association shall be the carrying on of propaganda, or otherwise attempting to influence legislation, and The Association shall not participate in, or intervene in (including the publishing or distribution of statements) any political campaign on behalf of any candidate for public office. Notwithstanding any other provision of this document, The Association shall not carry on any other activities not permitted to be carried on (a) by an organization exempt from federal income tax under section 501(c)(3) of the Internal Revenue Code, or corresponding section of any future federal tax code, or (b) by an organization, contributions to which are deductible under section 170(c)(2) of the Internal Revenue Code, or corresponding section of any future federal tax code.
ARTICLE II – OFFICERS AND THEIR DUTIES:
Section 1: All officers of the association shall be active members and shall consist of the president, vice president, immediate past president, secretary and treasurer. This group will constitute the executive committee.
Section 2: The president shall be chief executive officer, shall preside at the annual meeting, appoint committees (other than elected committees) and direct their pursuits and hold the by-laws of the association.
Section 3: The vice-president shall have the same qualifications as the president so as to be fully prepared to act in the absence of the president.
Section 4: The immediate past president shall help to insure continuity of the objectives of the association as the new president and/or officers take office.
Section 5: The secretary shall conduct all correspondence for the association, and shall keep the minutes of all meetings and maintain a clear record of the association business.
Section 6: The treasurer shall receive all monies paid into the association and shall keep an accurate record of the members and their financial standing in the association (with the help of the membership chairperson). The treasurer shall disburse such monies as approved by the officers by check. The treasurer shall be required to make an oral report as to the financial status of the association at each meeting and a written statement of the cash receipts and disbursements shall be prepared annually and made available to all members at the annual meeting.
Section 7: The officers of the association shall be elected for two year terms. This will start in 2004 with the election of the president and vice-president. The following year (2005) the secretary and treasurer will be elected.
Section 8: The Executive Committee will authorize projects, cooperate with any government departments with which they may come into contact, authorize the payment of bills and promote the welfare of the association to the best of their ability.
ARTICLE III – BOARD OF DIRECTORS:
Section 1: The board of directors shall consist of the four officers of the association, the immediate past president, appointed township representatives from the following areas: Suttons Bay, Bingham, Elmwood, Solon, Centerville Townships having one representative each, and Leland Township having two representatives and appointed standing committee chair persons to include communications and membership, fish, water quality and water safety.
Section 2: The board of directors will hold meetings throughout the year to address those projects or business which shall come before the association.
Section 3: The board of directors will be elected for two-year terms at the annual meeting.
Section 4: The association may, by resolution of the board of directors, provide for indemnification by the association of any and all of its directors or former directors against expenses actually and necessarily incurred by them in connection with the defense of any action, suit, or proceeding in which they or any of them are made parties, or a parity, by reason of having been directors of the association, except in relation to matters as to which such director shall be adjudged in such action, suit or proceedings to be liable for negligence or misconduct in the performance of duty and to such matters as shall be settled by agreement predicated on the existence of such liability or misconduct.
ARTICLE IV – MEMBERSHIP
Section 1: A voting member shall be defined as riparian who has paid his/her current annual dues.
Section 2: Any riparian owner is eligible for membership in the association.
Section 3: Non-riparians who pay dues are eligible for associate membership. They shall be entitled to a voice but no vote in the association. A non-riparian associate member can become a voting member with all ensuing privileges via nomination by a Board member and approval at a Board meeting by two thirds of the Board.
ARTICLE V – ANNUAL MEETING, BOARD MEETING, QUORUM
Section 1: The rules of the bylaws shall be the guidelines for conducting all annual meetings.
Section 2: The annual meeting shall be held during the months of July or August. The secretary will announce a suitable time and place at least two weeks in advance.
Section 3: The annual meeting shall be for the purpose of election of officers, presenting annual reports of all committees, allowing membership input on matters of interest, and amendments to the bylaws if desired. Also the review and approval of the financial report for the past year and the budget for the coming year.
Section 4: A quorum at the annual meeting will consist of any two elected officers and those members of record present at the annual meeting.
Section 5: Any three elected officers shall consist a quorum for an executive board meeting.
Section 6: In case of a tie vote in the annual meeting, the president shall cast his/her vote.
ARTICLE VI – COMMITTEES
Section 1: Working committees may be appointed for any specific purpose as may be required by the officers.
Section 2: The executive committee shall serve as the nominating committee
Section 3: The association shall have an oversight committee which will consist of the chairpersons of the standing committees and two appointed positions by the president..
ARTICLE VII – FINANCE
Section 1: The association shall be financed by the assessment of annual dues and other income.
Section 2: All monies collected from the dues shall be deposited in the bank under a general operating fund.
Section 3: All accounts shall be in the name of the Lake Leelanau Lake Association.
ARTICLE VIII – DISBURSEMENT
Section 1: Bills owed by the association shall be ordered paid by the executive board, after which the treasurer shall draw and sign checks for such payments. The secretary shall carry on any necessary correspondence.
Section 2: The president, vice-president, secretary and immediate past president, whose names shall also be recorded on the bank accounts and may sign as a second signature on checks over $2000.00 or in the absence of the treasurer.
Section 3: There will be an audit of the association books no later than sixty days after the close of the fiscal year which is June 30th. Two people will be appointed by the Executive Committee to do the audit.
ARTICLE IX – VOTING
Section 1: Each riparian membership has one vote.
ARTICLE X – ELECTIONS
Section 1: The president, vice president, secretary and treasurer and all other positions shall be elected at the annual meeting of the association.
Section 2: The nominating committee may prepare ballots and will nominate one or two candidates for each office. Other nominations shall be acceptable from the floor of the annual meeting.
Section 3: When three or more candidates are being voted on for an office the one receiving the majority of all the votes cast shall be elected. If none receives a majority of all the first ballot votes, the one with the least number of votes shall be eliminated and the balloting proceeds.
Section 4: Should any office be vacated, excepting the president, the board of directors shall appoint the vacated office for the remaining term of office. The vice-president shall fill the office of the president for the remaining term.
Section 5: the executive board may replace any officer or board member missing two consecutive meetings, unexcused.
ARTICLE XI – AMENDMENTS
Section 1: Amendments of these bylaws may be made by a majority vote of the members present at the annual meeting.
Section 2: Voting on amendments at the annual meeting shall be by hand vote, or a 2/3 vote of the board of directors, subject to voter approval at the annual meeting.
ARTICLE XII – DISTRIBUTION UPON DISSOLUTION OF THE ASSOCIATION
Section 1: In the event the Lake Leelanau Lake Association is dissolved, the assets of the association shall be distributed for one or more exempt purposes within the meaning of Section 501(c)(3) of the Internal Revenue Code. The associations assets shall be distributed to The Leelanau Conservancy and/or the Conservation Resource Alliance, as determined by the officers of the association. If neither of the named charitable institutions are then in existence, or are not exempt within the meaning of Section 501(c)(3), the assets of the association shall be disposed of and distributed by the Probate Court of Leelanau County, exclusively for such purposes, or to such organization or organizations as said court shall determine, which are organized and operated exclusively for charitable purposes.