BY LAWS
FOR
MOUNTAIN LAKE FISHING AND
BOATING CLUB
MOUNTAIN REST, SOUTH CAROLINA
Updated November 1, 2020
ARTICLE I
I.1 The name of this organization shall be Mountain Lake Fishing and Boating Club. It is a non-profit organization with its headquarters or location at Mountain Rest, SC. The Secretary of the Club shall designate the official mailing address at the time due bills are mailed in January of each year.
I.2 The purpose of this corporation is to own, operate, and maintain a lake for the name of this organization shall be Mountain Lake Fishing and Boating swimming, boating fishing, propagation of fish and waterfowl and other similar recreational uses, and to promote water safety in boating and swimming. If, or in the event, the corporation should cease to operate and to render its’ charter, then in that event, any assets or property owned by the corporation shall be conveyed and distributed to a non-profit corporation, within the meaning of the Internal Revenue Code in
existence and effective at the date of such transfer.
ARTICLE II
II.1 The membership in the organization is limited to the following:
A. The owner of any property touching the lake with a minimum of 50’ of
waterfront, or
B. Those current on all dues, penalties, and assessments as of December 31,
2019.
II.2 Membership in this organization shall be limited to (l) membership per property owner. No member owning or controlling more than one (l) lot or tract shall have more than a single vote. Privileges of membership shall be limited to member’s spouse and children, or other family members that are resident in the household of the member.
II.3 Any property owner joining after the purchase or inheritance of property from a property owner not in good standing will be required to pay a re-instatement fee of $1,000.00, plus any penalties or assessments that were accrue as outlined herein. Effective January l, 2020, annual dues shall be $200.00 for all members. Bills for dues will be sent by February 1st of each year. Any member whose dues are not paid by March 1st of each year shall be deemed to be late, and a $5.00 penalty will be assessed. A second notice of dues will be sent by March l5th of each year to all unpaid members. If the dues are not paid by April 15th of that year, the membership shall be deemed forfeited, and a $50.00 dollar penalty must be paid in order to rejoin. A forfeited membership will accrue a $50.00 per year penalty fee for each year that the membership is not maintained. After one year of forfeited membership (December 31st of the forfeiture year), the $1,000 re- instatement fee plus the $50 per year penalty for each year of forfeiture will be imposed to regain membership. Dues and fees assessed by the Club can only be changed by a mailed ballot to all members. A simple majority vote of returned ballots will be required. Any property owner whose membership is forfeited may be subject to due process in a court of law. This may result in the removal of any structures or appurtenances
that are a float in the lake, or built on the lakebed or properties owned by the Club. Should it be necessary to take legal action, the defendant shall be responsible for all legal costs incurred by the Club.
II.4 Funds collected by the Club shall be used for the administration of the organization, to pay for the patrolling of the lake and properties, to pay for the maintenance of the lake, the dam, and the spillway, to pay for the cost of stocking fish, or for any other programs or purposes deemed to be in the best interest of the Club members by the Board of Directors. Special assessments necessary for any occasional major capital maintenance items may be levied by the Board as necessary, upon approval by a majority vote of the membership at a duly called meeting. Written notice of any special assessments must be provided to the entire membership at least two (2)
weeks prior to the formal action being taken. In no event shall any funds, fees, or monies collected by the Club be used in any manner to influence legislation, or any other prohibited act as defined by Section 501(c)(7) IRS Code l986, as amended, and no part of any earnings of said Corporation shall inure to the benefit of any shareholder or member thereof.
II.5 Should a member in good standing lease his property; he may request in writing that his membership privileges be extended to his tenant. A lease is defined here as a written agreement in which the owner of a property allows use of the property for a period of six months or more. A majority vote of the Board of Directors is required to approve such extension of privileges. Once such approval is given, the owner must maintain his membership in good standing, and shall maintain the responsibility for seeing that his tenant conforms to the rules of the lake. Any tenant
wishing to exercise those privileges shall be liable for the yearly dues, but shall be a non-voting member. Anyone leasing from a property owner not in good standing may not exercise the privileges of the Club until the property owner again becomes a paid member in good standing and requests and receives Board approval as outlined above.
II.6 A social guest is someone using your property without cost, with or without the owner being present. Social Guests may use the lake and must follow the same rules as the owner as defined by the By-Laws and Rules of the Lake. Social guests may not use the boat ramp or boat ramp picnic area without the owner present. Owners are obligated to make sure that these users are aware of and follow all lake rules. The owner is responsible for the actions of these guests and anyone not following the rules will be asked to stop using the lake. Continuing issues by any owner and his/her guest may result is loss of lake privilege as defined in the By Laws and Rules of the Lake. (Examples of Social Guest, brother, sister, parent, best friend, college friend, church friend, and others that may not necessary be related but do not fall under the defined group of owners.)
II.7 Short-term Renters/Guests of the lake will be defined as anyone renting or leasing a property from a lake member for a period of time less than six months in duration.
Owners that plan to lease or rent on a short-term basis must:
- Notify the board in writing that they intend on renting their property.
- Use a reputable company/site such as VRBO, Airbnb, HomeAway, or other similar company;
- Purchase and provide proof of additional liability insurance coverage in the amount of $300,000, and must list the Lake Association as Additional Insured. The Short-term Renters/Guests will be obligated to follow all the current rules of the lake, plus the Short-Term Guest Rules. Short-term Renters/Guests and are expressly prohibited from bringing any personal/outside watercraft onto the lake and are prohibited from operating motorized watercraft of any type, gas or electric. Owners
are obligated to make sure any guest using their property follow both the standard Rules of the Lake and the Short-Term Renters/Guest Rules. Failure of the owner to enforce these rules and avoid misuse of the lake will result in: - First offense, a written warning to the owner will be issued.
- Second and on-going offenses with either the same or subsequent parties, the owner can be fined by the Board an amount up to $350.00.
- If issues persist, the Board can revoke lake privileges for the owner and therefore renters for up to 12 months. The Board can elect to restore privileges for the member, if the member creates an action plan to control issue, and/or the property is sold to a new owner.
- The board must at the member’s request, hold a meeting with the member within 30 days of any action that puts lake rights in jeopardy or revokes them. Owners who rent their property to Short-Term guest must pay an additional annual fee. The fee will be equal to 4 times the current standard membership fee for the Lake Association. (Note: The current fee is $100, so owners of Short-Term rentals would pay $400, if the fee is raised to $200, then owners will pay $800). Additional fees above the then standard dues, raised by the owners who rent shall be split in
- half into two funds: a. Dam emergency fund which would help fund dam repairs. b. Special lake projects, such as clean up, stocking, liming, aerating, etc. Any special project(s) can be brought up and voted on by attending members at the July board meeting. Owners shall not rent their properties for the week of Fourth of July allowing Lake Club members full use of the lake during that holiday.
ARTICLE III
III.l The annual meeting of the Mountain Lake Fishing and Boating Club shall be held at a site designated by the President, and shall be held during the month of July each year. The Secretary of the Club will provide two (2) weeks advance notice in writing to the last known mailing address of each member. Election of officers for the following year shall be held at the Annual Meeting.
ARTICLE IV
IV.1 The Club shall be governed by a Board of Directors consisting of seven (7) Directors duly elected at the Annual Meeting of the corporation, by the current members in good standing, on a staggered three (3) year rotation. Should a vacancy occur in the Board of Directors prior to sixty (60) days from the date of the Annual Meeting, then in that event, the Board of Directors shall, from the membership of the organization, fill such a vacancy by a majority vote of such Directors, and the person so selected shall serve until the next Annual Meeting. The Directors, upon election, shall select from their number a President, a Vice- President, and a
Secretary/Treasurer, who shall serve continuously at the pleasure of the Board, performing the usual duties of that office.
IV.2 Directors may succeed themselves upon re-nomination and re-election by the General Membership.
IV.3 The elected Director/Officers of the corporation may be removed from office by majority vote of the Membership at a duly called meeting when it is deemed to be in the best interest of the Club that such removal be affected.
IV.4 Directors may succeed themselves upon re-nomination and re-election by the General Membership.
ARTICLE V
V.1 The organization, through its Directors and Officers, shall hold title to the lake property and promulgate such rules and regulations as may be necessary and advisable for the operation, maintenance, and control of the Lake property and water thereof. To regulate fishing, swimming, boating, and the use of the waters, and the care and management thereof, including the propagation and preservation of fish and waterfowl as may be deemed to the best interest of the members; and any violation of such rules and regulations shall be declared a forfeiture or suspension of any rights of privileges the Board of Directors may determine.
ARTICLE VI
VI.1 The By-Laws herein set forth may be changed or amended by the following procedure.
A. There will be a called meeting prior to any voting for the purpose of discussion, input, and to answer questions.
B. Every property owner in good standing will receive a ballot via regular mail. All ballots must be returned to the Post Office Box within 30 days of the postmark date. Returned ballots will remain unopened until the due date.
C. Only those votes returned will be counted. Two volunteers from the association
will open and count the ballots. The Board members will also count and the two totals must agree.
D. A simple majority of returned votes will prevail.
ARTICLE VII
VII.l The Board of Directors shall publish and distribute to the membership, after each Annual Meeting, a current publication of rules governing the use of the lake, and minutes of the Annual Meeting. Additionally, minutes of all Board of Director meetings will be distributed to members by email.
VII.2 There shall be no requirement for a quorum at a general or special membership meeting for which proper notice has been given the membership, and all actions taken at such meeting(s) shall be duly acted upon by the vote of a majority of those persons present and voting.
VII.3 A quorum shall be necessary for actions by the Board of Directors, a quorum being a majority of the elected Directors present and voting.
ARTICLE VIII
VIII.1 Emergency Response Team Established The Club hereby establishes an Emergency Response Team, composed of five (5) members appointed by the Board of Directors. The purpose of the Team is to respond to various emergencies that may arise due to weather conditions, dam/spillway conditions, actions required by DHEC, etc. which may result in the necessity of opening the intake structure valves to affect an emergency lowering of
the lake.
VII.2 The Team members will be appointed by the Board of Directors to fill a term of one (l) year.
VIII.3 The Team will have the authority and responsibility to call on other members to assist them when the need arises. All actions taken will be under the guidance and responsibility of the Team.
VIII.4 The Team will be called upon by the Board of Directors to attend Board meetings when deemed necessary by the Board to explain any emergency actions taken, and the results of those actions.
VIII.5 Any vacancy on the Team shall be filled by the appointment of a new Team member by the Board of Directors.