BY LAWS
of the
Section 1. The organization incorporated as the OAKWOOD
COLONY CLUB, trading as Oakwood Lakes Community Association, shall be commonly
known as the Oakwood Lakes Community Association.
Section 2. The Oakwood Lakes Community
Association will hereinafter be referred to in these by-laws as the
“Association.”
The purpose for which this
Association exists is to forward and promote the general welfare, good order,
and prosperity of the community located in the neighborhood of Oakwood Lakes,
Township of Medford, County of Burlington, and State of New Jersey; to erect,
improve and maintain recreational facilities owned by the Association; to
cooperate in maintaining restrictions running with the land; to promote health,
welfare, recreation, sports, and entertainment to members thereof; to take and
hold by lease, gift, purchase, grant, devise or bequest; to mortgage, sell, and
convey any property, real or personal, necessary or desirable for carrying out
the purpose of this Association; and to do all things necessary or proper by
such legal instruments as are described to further the purposes of the
Association.
Section 1. The Association has been
deeded four (4) properties, as well as the lakebed of Oliphant’s
Section 2. Property owners adjacent to the beach and tennis courts must be
notified, by certified letter, of any structural improvements or enhancements
before they can be started.
Section 1. All present owners of property within the
area commonly known as Oakwood Lakes (consisting of 322 lots) shown on Plan A,
Section numbers l, 2, and 3, excepting out Birchwood Lakes of the plan of
Oakwood Lakes filed in the Burlington County Land Records, are automatically
members in the Association. This is the
area east of
Section 2. Voting privileges are extended to those members in good standing on
the basis of one vote for each residence.
A member is in good standing if his fees are current.
Section 3. One certificate of Membership
shall be issued for each residence that applies and pays the 1997 Association
fees and the 1996 special Dam Assessment. During this “Fresh Start” period, the
initiation fee of $1,500 will be waived, along with forgiveness of unpaid dues
from 1996 and prior. As long as the
annual fee is paid, the certificate remains active. Certificates of membership
not issued, for lack of payment, by
EXAMPLE: A property owner fails to claim his
certificate by year-end 1997, because he has not paid his 1996 dam fund or his
maintenance fee for 1997. Therefore, the certificate is inactive and the member
is no longer in good standing. He sells his property in January of 2007 to a
new buyer. The buyer wishes to use the facilities of the Association and wants
the certificate activated. To activate the certificate, either the buyer or the
seller must pay:
Initiation Fee $1,500
2007 Annual Fee* 250 (*amount
is just an example, as the fee may change over time)
TOTAL DUE $1,750
Section 1. The assessments levied by the Association shall be used exclusively
for the purposes of promoting the recreation, health, safety and welfare of the
members of the Association, and in particular for the improvement and
maintenance of the areas within the responsibility of the Association,
including, but not limited to, the payment of taxes and insurance thereon, and
the maintenance, repair, replacement and additions thereto, and for the costs
of labor, equipment, materials and supervision thereof.
Section 2. Every property owner shall pay a maintenance
fee per annum as directed by the Board of Trustees or as amended by two-thirds
of the members present at a general meeting The annual fee shall be payable by
the 31st of March of each year. Members who wish to use the
recreational facilities shall be required to pay a use fee in addition to the
basic maintenance fee. Said facilities include the lake for swimming, boating
or fishing, tennis courts, beach, picnic area, and
such other common facilities as may be available. Senior citizens will receive
a discounted rate on their fee.
Section 3. In addition to the annual fee
authorized above, the Association may levy a special assessment for the purpose
of defraying, in whole or in part, the cost of any construction, repair,
maintenance or replacement of a described capital improvement upon the common
areas, including the necessary fixtures and personal property related thereto.
Any such capital assessment shall be authorized by vote in person or by proxy
of two-thirds of the members in good standing and entitled to vote at the
annual meeting or a general meeting duly called for the purpose. Written notice
of any such meeting shall be sent to all members not less than ten (10) days in
advance and which notice shall set forth the purpose of the meeting. Members in
good standing who do not attend and do not specify their vote to one of the
trustees are assumed to give their proxy to the Board of Trustees. The special
assessment collected under such circumstances will be applicable to only the
purpose for which it was assessed.
Section 4. Any property owner may, in any year, arrange
with the treasurer to make monthly or quarterly installment payments for
assessed fees. Any property owner facing financial difficulties may make
arrangements with the Board to postpone payment of assessments for one year.
Section 5. If the assessment is not paid within sixty
(60) days after the due date, the assessment shall bear a late fee of $15 and
may bear interest from the date of delinquency at the maximum rate then
authorized by the law of the State of New Jersey to be charged by a municipality
with respect to any delinquent payment of real estate taxes.
Section 6.
If any resident causes damages to any Association land, improvement, facility,
or equipment which necessitates repair by the Association, or if the
Association is required to expend monies to remedy any violation of covenants
and restrictions of the published Rules and Regulations of the Association,
then the Board may impose a special assessment, upon the member involved, of
the direct costs to the Association for performing such repairs or maintenance
or for remedy of such violation, including interest, costs of collection and
reasonable attorney’s fees.
Section 7. The period for which annual assessments are
made shall be from January 1 to December 31(a calendar year) unless the Board
establishes a different assessment year, in which case the latter shall
apply. The due date for each annual
assessment will be March 31. For special
assessments the due date shall be fixed in the resolution authorizing the
special assessment.
Section 8. Both annual and capital
assessments must be fixed at a uniform rate for all residences, it being the
intent hereof that all residences, regardless of the value of the home or
improvement thereon, shall pay the same per residence assessment hereunder,
with one exception: special assessments relating specifically to the lake may
be billed at a higher rate to owners of lakefront properties, under the
assumption that these properties benefit, in terms of property value, at a
higher rate than non-lakefront owners. Such differences in lakefront versus
non-lakefront assessments will be subject to the same authorization by vote as
the assessment itself, as stated above.
Section 1. The annual meeting of the
Association shall be held in February of each year. Other general meetings will be held as
directed by the Board of Trustees.
Section 2. Notice of the general meetings
of the Association shall be delivered to every member of the Association at
least seven (7) days before the date of such meeting.
Section 3. At the annual meeting of the
Association, the Board of Trustees shall make a full report of their
proceedings during the preceding fiscal year and recommend such measures as
they may deem advisable.
Section 4. A special meeting of the Association may be called
by the Board of Trustees or on written request of the President or whenever ten
(10) members of the Association in good standing shall make a written request
to the President for the same, specifying the object of the meeting.
Section 5. The Board of Trustees shall
meet once a month or at any other time at the discretion of the President.
Section 1. The Board of Trustees shall
consist of nine (9) members. Trustees
shall be elected for a three-year term.
Each year three trustees will be elected, to facilitate a rotating
trustee board.
Section 2. The Board of Trustees shall
have the power to manage all the affairs of the Association on any and all
questions relating in any manner thereto, and to make all contracts necessary
for the proper transaction of all business.
They shall have entire jurisdiction over all matters pertaining to the
care, control, conduct, supervision, and management of the Association and its
finances, and all appropriations shall be made by them.
Section 3. For the better execution of
their power and duties, the Board of Trustees shall authorize the appointment
from their own number, or from members of the Association, all such committees
as the occasion may require and they may deem necessary, and shall define the
duties thereof.
Section 4. The Board of Trustees may fill
any vacancy among the Officers or Trustees by a vote of the majority of those
present at a regular monthly meeting of such Board, such election to be for the
unexpired term.
Section 5. Any member of the Board of
Trustees who shall absent himself/herself from three (3) consecutive monthly
meetings of such Board, unless he shall present at the next monthly meeting an
excuse for his absence satisfactory to the President, shall be deemed to have
resigned as a member of said Board and cease to be a member thereof.
Section 6. The Board of Trustees shall
have the following specific powers: (a) To appoint
delegates to the different associations of which this Association may be a
member; or for the purpose of conferring with any association or club
respecting any matter in which this Association may be concerned. (b) To makes rules for the conduct of the
members of the Association and for their use of the Association’s
property. (c) To fix and enforce
penalties for the violation of the By Laws and Rules. (d) To assess penalties for offenses against
the By Laws and Rules. (e) To prescribe rules for the admission of strangers or
guests to the privileges of the Association.
(f) To make, alter, and amend the rules for their own government, and
fix and enforce penalties for the violation of such rules. (g) To prescribe additional duties for any of
the officers, in addition to those herein set forth.
Section 7. Indemnification. Each Trustee, officer or
committee member of the Association, shall be indemnified by the Association
against the actual amount of net loss, including counsel fees, reasonably
incurred by or imposed upon him in connection with any action, suit or
proceeding to which he may be a party by reason of his being or having been a
Trustee, officer, or committee member of the Association, except as to be
liable for gross negligence or willful misconduct. In the event of a settlement
of any such case, indemnification shall be provided only in connection with
such if the person to be indemnified had not been guilty of gross negligence or
willful misconduct.
Section 8.
Exculpation. Unless acting in bad faith, neither the
Board as a body nor any trustee, officer, nor
committee member shall be personally liable to any homeowner in any respect for
any action or lack of action arising out of the execution of his office. Each
homeowner shall be bound by the good faith actions of the Board, officers and
committee members of the Association, in the execution of the duties and powers
of said trustees, officers and committee members. Nothing contained herein
shall be construed so as to exculpate members of the Board of Trustees
appointed by the Association from discharging their fiduciary responsibilities.
Section 1. The officers of the Association
shall be a President, a Vice President, a Secretary, and a Treasurer, each of
whom shall be a member in good standing.
Section 2. The President shall preside at
all meetings of the Association and the Board of Trustees and enforce all laws
and regulations of the Association. He shall perform such other duties as shall
be imposed upon him by resolution of the Board of Trustees. The President
shall, with the Secretary, sign all written contracts and obligations of the
Association.
Section 3. The President shall, under the
direction of the Board of Trustees, appoint all committees whenever it becomes
necessary.
Section 4. In the absence of the President, the Vice President
shall perform his duties. In the event of death or disability of the President,
the Vice President shall act until the Board of Trustees shall fill the office.
Should neither be present at a meeting, a Chairman shall be chosen by
two-thirds of those members present.
Section 5. The Secretary shall keep the
minutes and other official reports of the Association. The Secretary shall conduct the official
correspondence of the Association and shall keep all records, books, documents,
and papers relating to the Association in such place as shall be designated by
the Board of Trustees. The Secretary
shall perform such other duties as shall be assigned by direction of the Board
of Trustees.
Section 6. The Treasurer shall keep
account of all monies received and deposit same in the name of the Association
in such depository as shall be designated by the Board of Trustees. The Treasurer shall not put out or disburse
any of the money of the Association except in such manner and for such purposes
as shall be approved by the proper officers of the Association, whose approval
shall be authorized by motion or resolution of the Board of Trustees. At each monthly meeting of the Board of
Trustees, the Treasurer shall make a statement of the financial condition of
the Association and at the annual meeting submit a detailed report of the
financial condition of the Association for the preceding fiscal year, which
such report shall be reviewed as designated by the Board of Trustees.
Section 7. All officers and employees of
the Association who have the custody or control of any funds of the Association
shall give such bonds as may be required by the Board of Trustees.
Section 8. The money and funds of the
Association shall be received, deposited, and paid out in such manner as shall
be provided for by the Board of Trustees.
Section 9. Checks drawn on Association funds shall be
signed by any two (2) of the officers.
Amendments to the By-laws may be made at any
meeting or at a meeting called for the purpose by the Board of Trustees and
provided that notice of the proposed amendments shall be given to all members
by the Secretary at least seven (7) days before the date of the meeting.
Election of Trustees shall
be held at the annual meeting in February and only those members in good
standing may vote. Nominations shall be
received in advance of the annual meeting in writing from members in good
standing and shall be received from the floor at the annual meeting.
All meetings of the Association shall be conducted by the most recent Robert’s Rules of Order.
Attachment A
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3 |
Black Oak
Trail |
27 |
Elm Drive |
46 |
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4 |
Black Oak
Trail |
28 |
Elm Drive |
48 |
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5 |
Black Oak
Trail |
29 |
Elm Drive |
50 |
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6 |
Black Oak
Trail |
31 |
Elm Drive |
102 |
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8 |
Black Oak
Trail |
102 |
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61 |
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10 |
Black Oak
Trail |
104 |
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62 |
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1 |
Cedar Trail |
2 |
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63 |
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3 |
Cedar Trail |
3 |
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64 |
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4 |
Cedar Trail |
4 |
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65 |
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6 |
Cedar Trail |
5 |
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66 |
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7 |
Cedar Trail |
6 |
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67 |
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8 |
Cedar Trail |
7 |
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68 |
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10 |
Cedar Trail |
8 |
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69 |
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16 |
Cedar Trail |
9 |
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70 |
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18 |
Cedar Trail |
10 |
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71 |
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20 |
Cedar Trail |
11 |
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72 |
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1 |
Elm Court |
12 |
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73 |
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2 |
Elm Court |
13 |
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74 |
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3 |
Elm Court |
14 |
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75 |
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4 |
Elm Court |
15 |
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76 |
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5 |
Elm Court |
16 |
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77 |
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6 |
Elm Court |
17 |
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78 |
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7 |
Elm Court |
18 |
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79 |
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1 |
Elm Drive |
19 |
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81 |
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2 |
Elm Drive |
20 |
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15 |
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3 |
Elm Drive |
21 |
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17 |
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4 |
Elm Drive |
22 |
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19 |
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5 |
Elm Drive |
23 |
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21 |
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6 |
Elm Drive |
24 |
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23 |
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7 |
Elm Drive |
25 |
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24 |
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8 |
Elm Drive |
26 |
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25 |
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9 |
Elm Drive |
27 |
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26 |
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10 |
Elm Drive |
28 |
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27 |
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12 |
Elm Drive |
29 |
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28 |
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13 |
Elm Drive |
30 |
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29 |
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14 |
Elm Drive |
31 |
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30 |
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16 |
Elm Drive |
32 |
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31 |
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17 |
Elm Drive |
33 |
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32 |
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