Proposed Association By-Law Changes
Applicable
Sales. In connection with the
purchase of any real property within the Community, the purchaser shall be
responsible for the payment of a contribution to the Association’s capital,
determined and calculated as 1% of the purchase price of such real property.
This capital contribution shall be due and payable upon the date of
closing. In the event the purchaser
fails to remit payment to the Association on or before the 30th day
following the date of closing, the payment shall be deemed past due and shall
be collectable in the same manner as any other payment or assessment due and
owing to the Association.
Notwithstanding the foregoing, a capital contribution shall not be
imposed or collected from any purchaser (i) who, at the time of the closing, is
then a Member of the Association, or (ii) acquires the real property as a
result of inheritance or pursuant to a legitimate estate planning transfer.
Restriction
Upon Use of Capital Contributions.
The Association shall not utilize the capital contributions for general
operating expenses. The capital
contributions, or portions thereof, may, with the approval of two-thirds of the
Members, be used only for capital or
infrastructure projects and improvements.
By way of example, capital contributions may be used for the replacement
of roads and related improvements; replacements and capital improvements to
common facilities such as any common buildings; dredging; and dam repairs,
improvements, and replacements.
Oversight
of Capital Contributions. To assure
compliance with the restrictions and intent set forth in this Amendment,
capital contributions shall be maintained in a separate reserve account or
accounts (the (“Account”) and such
Account shall be clearly named and identified as restricted capital
contributions. The Association shall,
establish a committee to be comprised of three Members of the Association. Such committee shall be responsible for
reviewing the Account and Account information and reporting to the Association
at least annually regarding the status of the Account and any additions or
deletions to the balance(s). To minimize
the risk of loss of principal, the Account shall be invested in federally
insured account(s) or instruments, including United States Treasuries (notes or
bonds). Therefore, capital contributions
shall not be invested in equities (stock).
Statement
of Account. Upon written request to
the Association, a Member or contract
purchaser of real property within the Community shall be entitled to a written
statement of account (the “Statement”)
setting forth, for instance, the amount of any current applicable assessments
and any other charges imposed upon the Member, including any outstanding late
charges and costs of collection. The Purchaser shall be deemed to have assumed
the obligations of the Seller and shall also be responsible for full payment of
the charges that were outstanding as of the date the Purchaser acquired the
real property. If Purchaser fails to resolve any outstanding assessments, late
charges and costs of collection as of the date Purchaser acquires the real
property, Purchaser shall be responsible for full payment.