Swiss Alpine Association - By-Laws
BY-LAWS OF THE
SWISS ALPINE ASSOCIATION
ARTICLE III. MEMBERSHIP
Article III is hereby amended so that after amendment it will read as follows:
Section 1. Every person or entity who owns or holds an equitable interest in any lot whether as land contract vendee or fee holder, and any club, i.e. hunting clubs, groups, social club, or societies, who is subject to these covenants and to assessment by the Association, shall be a member of the Association, provided that any such person or entity who holds such interest merely as security for the performance of an obligation shall not be a member.
Section 2. Persons not holding such interest in any lot may become non-voting members of the Association under terms and conditions prescribed by the Board of Directors.
Section3. Each member in good standing shall be entitled to the use and enjoyment of the common properties and facilities.
Section 4. Membership is subject to payment of annual and special assessments, and to a member obeying published rules and regulations of the Association.
(a) The right of membership shall be automatically suspended where annual or special assessments are delinquent for sixty (60) days, unless the suspension is stayed due to hardship by action of the Board of Directors. Where membership has been suspended for non-payment of annual or special assessments, the membership shall be reinstated upon payment of said delinquent assessments, penalties and reasonable expenses of collection.
(b) The right to membership may also be suspended by action of the Board of Directors for infraction of the published rules and regulations of the Association for a period not to exceed ninety (90) days.
(c) Assessments shall be paid within thirty (30) days of being billed by the Association. If the assessments are not paid within thirty (30) days after such billing, the unpaid assessments, pursuant to this Section 4, shall attach as a lien to the real estate. The Board of Directors for the Association may file an Affidavit of Delinquency with the Osceola County Register of Deeds Office. The delinquent dues and assessments shall bear interest at seven percent (7) per annum.
In addition, the Association shall have the power to enforce by public sale as if the lien were a mortgage under the procedures set forth in the Revised Judicature Act, MCL 600.3100, etseq., or MCL 600.3200, etseq. The Affidavit of Delinquency shall be substantially in the form set forth as Exhibit A to this First Amendment to the By-Laws of the Swiss Alpine Association.
In addition, if the assessment is not paid within thirty (30) days after the delinquency date, penalties and reasonable expenses of collection, as are authorized by these By-Laws and the recorded Declarations of Restrictive Covenants, shall be added to the delinquent balance, and the Association may bring action at law against the owner personally obligated to pay the same/or to foreclose the lien against the property, under the procedures set forth in this paragraph above.
In any such action, there should be added to such assessment penalties and reasonable expenses of collection, the cost of preparing and filing the complaint in such action, and in the event that judgment is obtained, such judgment shall include penalties, interest as allowed by law, reasonable costs of collection, and reasonable attorney fees.
The Association may choose to enforce the payment of the delinquent assessments by either method set forth in this paragraph for the purpose of collecting those delinquent assessments as defined in this paragraph.
Any and all provisions contained in the By-Laws of the Swiss Alpine Association, which are not specifically amended herein, shall continue to be in full force and are affirmed, except as specifically amended herein.
This Amendment shall apply to any present or future unpaid dues or assessments.