NATURAL LAKES OWNERS ADVANCEMENT ASSOCIATION, INC. BYLAWS RESTRICTIONS. Amended March 10, 2018

Transcription

1 NATURAL LAKES OWNERS ADVANCEMENT ASSOCIATION, INC. BYLAWS & RESTRICTIONS Amended March 10, 2018 Drafted by Board appointed Bylaws Committee Andy Lynch, Chairman N.L.O.A.A P.O. Box 229 BOULDER JUNCTION, WI

2 BYLAWS (revised July 7, 2012) Page 2 Article I - Offices Page 4 Article II - Purposes Page 4 Article III - Membership Page 5 Section A - Definitions Page 5 Section B - Membership Page 5 Section C - Dues Page 6 Section D - Voting Page 6 Section E - Liability for Dues Page 7 Section F - Membership Privileges Page 7 Section G - Membership Transfer Page 7 Section H - Termination or Suspension of Membership Page 8 Article IV - Meetings of Members Page 8 Section A - Annual Meeting Page 8 Section B - Special Meetings Page 8 Section C - Notice Page 8 Section D - Ballot(s) Page 9 Section E - Quorum Page 9 Section F - Annual Reports Page 9 Article V - Board of Directors Page 9 Section A - Number, Election or Appointment Page 9 Section B - Board Meeting Page 10 Section C - Powers and Duties Page 10 Section D - Removal of Board Member Page 12 Article VI - Officers Page 13 Section A - Name, Selection, and Bonding Page 13 Section B - President Page 13 Section C - Vice President Page 13 Section D - Secretary Page 13 Section E - Treasurer Page 14 Article VII - Committees Page 14 Section A - Nominating Committee Page 14 Section B - Road Committee Page 14 Section C - Environmental Committee Page 15 Section D - Architectural Control Committee Page 15 Section E - Grievance Committee Page 15 Section F - Common Lands Page 16 Section G - Bylaws Committee Page 16 Section H - Ad hoc Committees Page 16 Article VIII - General Provisions Page 16 Article IX - Rules of Order Page 16 Article X - Amendments Page 16 2

3 RESTRICTIONS (revised August 5, 2017) Page 17 Article I - Description of Lands Subject to Restrictions Page 17 Article II - Declaration Page 17 Intent Page 17 Article III - Restrictions Page 18 Section A - Lakeshore Parcels Page 18 Section B - Off-Water Parcels Page 18 Section C - Property Upkeep Page 18 Section D - Property Use Page 18 Section E - Construction Plans and Specifications Page 19 Section F - Dwelling Specifications Page 20 Section G - Fences, Signs and Other Structures Page 21 Section H - Professional Uses of Property Page 21 Section I - Other Uses of Property Page 21 Section J - Completion Page 22 Section K Rental Restrictions Page 22 Section L - Portable Living Units and Camping Limitations Page 22 Section M - Road Acceptance for Maintenance Purposes Page 22 Section N - Gravel Pits Page 23 Section O - Designated Hunting Areas Page 23 Section P - Tree Cutting Page 23 Section Q - Garage, Moving, Estate Sales Page 24 Section R - Preservation of Private Use of Lands Page 24 Section S - Land Acquisition Page 24 Section T - Transfer of Property Page 24 Article IV - Protective Covenants and Restrictions Page 25 Section A - Enforcement of Protective Covenants Page 25 Section B - Severability of Protective Covenants Page 25 Section C - Restrictions: Period of Duration Page 25 Article V - Effective Date Page 25 Article VI - Amendments by Agreement Page 25 Exhibit A - Description of Lands Subject to Restrictions Page 26 Certificate of Approval Page 31 3

4 Natural Lakes Owners Advancement Association, Inc. BYLAWS ARTICLE I Offices The principal Office of the Association shall be located in the Town of Presque Isle, Vilas County, Wisconsin. The Association may have such other offices as the Board of Directors may designate from time to time. Purposes of the Association shall be: ARTICLE II Purposes (a) To acquire ownership of vacant acreage for use and benefit of the Association and its members. (b) To hold as private and maintain such lands for the use and benefit of all members; including hunting, snowmobiling, biking, nature trails, and other outdoor activities. (c) To provide private access to Beaver, McCullough, Morton, and Dunn Lakes within the areas. (d) To maintain, as funds permit, all private roads, culverts, bridges, parks, boat landings, channels or waterways between Morton, McCullough, and Beaver Lakes, keeping them free from objects that curtail navigation by boats up to twenty feet (20 ) in length and ten feet (10 ) in width; to maintain snowmobile trails, riding trails, hiking trails, and Association owned outbuildings or structures such as docks or piers within the area known as the Natural Lakes Development. (e) To protect and maintain the beauty and natural resources of the Natural Lakes Development, and to promote and encourage good conservation practices by members. (f) To safeguard the rights of all members in relation to the use and enjoyment of their property within the area. 4

5 ARTICLE III Membership Section A Definitions Association shall mean and refer to the Natural Lakes Owners Advancement Association, Inc. Restrictions shall mean and refer to the Declaration of Restrictions by Natural Lakes, Inc. dated July 25, 1970 and recorded August 1, 1970 in Volume 240 of Deeds on page 583, and all provisions hereof which were set forth in the Amendment to Restrictions dated March 1, 1971 and recorded April 30, 1971 in Volume 248 of Deeds on page 573; the Amended Restrictions dated January 31, 1973 and recorded February 28, 1973 in Volume 273 of Records, on page 474 and following; and the Amendment to Restrictions dated June 18, 1979 and recorded June 25, 1979 in Volume 369 M/R on page 501; all of which were consolidated and incorporated in Amendment Restrictions dated July 4, 1981 and recorded on August 4, 1981 in Volume 402, page 205; and recorded August 4, 1986 in Volume 484, page 642; and recorded October 1, 1992 in Volume 619, page 178; and recorded August 20, 1996 in Volume 747 pages 349 thru 377; and recorded August 1998, in Volume 831 pages 663 thru 673; and recorded July 28, 1999 in Volume 881 pages 451 thru 460; and recorded July 10, 2005 in Volume 1183 pages 423 thru 433, and recorded August 2, 2005 in Volume 1363, pages 330 and 331, at the Office of Register of Deeds, Vilas County, Wisconsin, and all recorded amendments or additions thereto. Development shall mean and refer to all lands that are described in and subject to the Restrictions. Common Property shall mean and refer to vacant acreage acquired by the Association and improvements thereto or thereon. Parcel shall mean and refer to each lakeshore parcel or offshore parcel within the Development that is separately surveyed, marked and described in legal form by Natural Lakes, Inc. at the time of sale or each such parcel by Natural Lakes, Inc., and it shall also mean and refer to any lakeshore parcel or offshore parcel created by subdivision of any parcel after its sale by Natural Lakes, Inc., within the provisions of the Restrictions. Owner shall mean and refer to each person, group of persons, partnership, corporation, or other legal entity which acquires ownership of a parcel in the Development, whether in fee or as purchaser under land contract. For purposed of these Bylaws, each Parcel shall be deemed to have one Owner, regardless of the form or ownership of such parcel. Section B Membership Member shall mean and refer to one person designated by owner(s) of one or more parcels within the Development; designee shall have an interest of record in all lands owned by designer(s) within the Development. Properties owned by multiple owners, owned by an entity such as a trust, by a corporation, by an estate, as part of a limited partnership, or, similar entity or by any owner(s) of property in Natural Lakes, may annually in conjunction with the submission of membership dues for the forthcoming fiscal year, designate in writing to the Secretary of the Association, a designated person who may vote for the entity or owner(s) for the forthcoming fiscal year, run for office in the Association, or serve on any standing or ad hoc committee of the Association. Such a designation may only occur in this manner and, with exception of the voter designee, the person so designated may not be changed during the fiscal year. 5

6 Any such notice received must be renewed each fiscal year with the submission of annual dues for the forthcoming year, or will expire on September 1 st following the annual meeting for the previous year. The designated person to vote may be changed at any time by notice in writing to the Secretary of the Association. Families and Guests shall mean and refer to those relatives and friends of a Member who have the express invitation and permission of such Member to use and enjoy the member s parcel and improvements thereon. Each owner of one or more parcels within the Development shall automatically become a Member of the Association upon acquiring ownership of such parcel or parcels, and shall continue as a Member unless and until such membership is terminated or suspended as provided herein. Any multiple parcel owners shall have the rights and obligations of a single parcel owner. Section C Dues The Board of Directors shall establish the annual dues payable by the membership. Each Member shall pay his/her dues on or before July 1 of each year for the membership period of July 1 to June 30 of the following year. Annual dues shall be determined as follows: (1) The dues will be based upon a two-tier structure determined by dividing the year s budget by the number of Members and adding a surcharge of $1.00 (one) per $1,000 (one-thousand) of the budget to those properties with improvements valued at more than $2,500 (twenty-five hundred). (2) Using the above formula, all Members will be assessed the same base dues no matter how many lots they own. (3) Those Members with improved lots will be assessed the surcharge for each improved lot. Section D Voting Each Member shall have voting rights at all Association membership meetings, except if such membership has been suspended as provided in Article III, Section H. The number of votes each Member shall be entitled to cast shall be determined as follows: 1. Each Member shall be entitled to one vote. 2. Each Member qualified to vote shall cast his/her vote by ballot, either in person or by mail. 6

7 Section E Liability for Dues Each Member shall be liable for all dues which become due and owing during the period of his/her ownership of any land within the subdivision, and such liability shall continue after his/her sale or transfer of such lands or parts thereof, constituting a lien against the real estate. Any unpaid dues shall constitute a lien against any land owned by a Member within the subdivision by the recording of such lien with the appropriate office(s) of Vilas County, Wisconsin. Such lien shall be recorded not less than 60 days and nor more than 180 days after July 1 st. Unpaid special assessments and dues shall be assessed a $50.00 (fifty) penalty after ninety (90) days and bear simple interest yearly at the rate of eighteen percent (18%) per annum. In the event of any legal action for collection against such Member or for foreclosure of such lien, the amount of interest, costs, and reasonable attorney s fees shall be recoverable in addition to outstanding dues. Section F Membership Privileges Each Member, and his/her family and guests who are using and enjoying the Member s parcel, shall have the right to the use of the Common Property owned by the Association, as well as all improvements and services provided by the Association, and the right to access to Beaver, McCullough, Morton, and Dunn Lakes, subject to the provisions of these Bylaws, the Restrictions, and other regulations prescribed by the Board of Directors. All motorized conveyance (such as motor vehicles, ATV s, snowmobiles, motorcycles and all water craft) operated within the confines of Natural Lakes Private Preserve (i.e. lands, roads and waterways) must display a valid current Natural Lakes Association issued decal or guest pass. All decals and guest passes must be issued, dated, numbered and recorded by the Secretary and/or others designated by the Board of Directors. Guest passes must be prominently displayed and clearly show whatever information required by the Board of Directors, including but not limited to; guest s name, owner s name and lot number; and the dates for which the pass is valid, the maximum duration of which shall be determined from time to time by the Board of Directors. Section G Membership Transfer Upon sale or transfer of any parcel by the Owner thereof the membership which accompanies such parcel and as held by such Owner shall be transferred and assigned to the new Owner of such parcel, with all the rights and obligations thereof. Upon the death of any Owner, the membership accompanying any parcel owned by him shall be assigned and transferred to the new Owner thereof in the same manner as such parcel shall be transferred, whether by survivorship, interstate law, testate provisions of a will, inter vivos gift, sale or any other manner permitted by law. In the event an Owner subdivides a parcel owned by him, within the provisions of the Restrictions, the Owner shall retain his/her membership for any parcel retained. If he/she does not retain any parcel, he/she shall assign his/her membership to any new owner of any newly created parcel. 7

8 Except as provided herein, Owner s membership shall not be assignable or transferable by him in any manner and in no event shall be transferable to any person or organization except successor Owners of his/her parcel. Section H Termination or Suspension of Membership No Owner may retain membership in the Association after sale or transfer of his/her parcel (except as provided above). In the event of default in payment of dues, a member s rights and privileges in the Association shall be suspended until such dues are paid, including any interest due, costs and attorney s fees, if any, generated by effort to collect all dues due and owing the Association. Section A Annual Meeting ARTICLE IV Meetings of Members The annual meeting of Members shall be held in July of each year, the date and hour of which shall be set by the Board of Directors. Section B Special Meetings Special meetings may be called at any time for any purpose by the Board of Directors, or upon written request of at least ten percent (10%) of the Members by filing said request with the Secretary of the Association. Section C Notice The Secretary of the Association shall send a notice of all membership meetings, annual or special, to each Member, regardless of the status of that membership, at least thirty (30) days prior to the date of such meeting. Such notice must be postmarked at least thirty (30) days prior to the date of such meeting. The notice, together with a copy of the proposed agenda, may include, as appropriate: 1. Date, place, time and purpose of the meeting. 2. Proposed budget for the next fiscal year and estimated dues, fees, and per member assessments. 3. Any other specific proposals requiring a vote by the membership, whether such proposal is made by the Board of Directors, or by any Member. A proposal to be included on the notice must be received by the Association Secretary a minimum of sixty (60) days prior to the date of the meeting. 4. Election of Members to the Board of Directors, listing number of vacancies to be filled and a list of all nominees as prepared by the nominating committee. 5. Any other business that may be brought up at the meeting by any Member. 8

9 6. Recommendations of the Board of Directors to vote for or against each proposal. Section D Ballot(s) The Secretary of the Association Board of Directors shall prepare a ballot(s) listing all proposals to be voted on and names of all nominees, plus spaces for write-in nominees, for membership as Directors on the Association Board, and directions on use of the ballot(s). The ballot(s) is to be mailed by the Secretary of the Association at the same time or included in the meeting notice(s) as required by Article IV, Section C Notice. Section E Quorum Representation at any meeting by the Members personally or by mail-in ballot(s), entitled to cast 20% (twenty percent) of the eligible membership votes, shall constituent a quorum. This provision is subject to any requirements for a greater quorum on certain action governed by the Restrictions or specific Bylaws. Members represented by mail-in ballot(s) shall count toward the quorum only for purposes of the call of the meeting and the action upon which such Member casts his/her vote, as set forth in Article III, Section D (1), (2). Section F Annual Reports The President, Secretary, and Treasurer of the Association shall prepare an annual report to Members, summarizing Association projects, activities, including a financial statement listing all income and expenses for the preceding year. Officers and Directors shall prepare a proposed budget for the next fiscal year approved by the majority of those participating, to be submitted to the membership for final approval at the annual meeting. Section A Number, Election or Appointment ARTICLE V Board of Directors The affairs of the Association shall be managed by the Board of Directors; consisting of nine (9) Members, each of who must be a Member of the Association in good standing. It shall be mandatory that a minimum of five (5) Directors be available to attend meetings any time during the year. If possible, there should be Directors from both lakeshore and offshore areas. Each year at the annual meeting there shall be an election of three (3) Directors. A Director shall be limited to two (2) consecutive terms. A vacancy created during any unexpired term shall be filled by the nominee not elected, with the highest vote count from the previous annual meeting, provided that Member is willing and able to serve. If not; the vacancy shall then be filled by a Member appointed by a majority vote of the remaining Directors of the Board, to serve the unexpired term. The nominating committee shall nominate two (2) or more persons if possible for each directorship of the Board to be filled at the next annual meeting in accordance with requirements as stated above in 9

10 paragraph (1). Each Member so nominated must first have stated his/her willingness to serve. The list of nominees shall be given in writing to the Secretary and the President of the Association at least sixty (60) days prior to the date of the annual meeting. Section B Board Meetings A regular meeting of the Board of Directors shall be held at least six (6) times during the Association fiscal year. Additional meetings of the Board may be called at the discretion of the Board of Directors. Seven days notice of any board meeting shall be given to all Board members. Special actions may be taken by the Board without a meeting, provided written consent to the action shall be signed by all Directors and entered into the Association records. Five or more Directors at any meeting shall constitute a quorum. This provision is subject to any requirements for a greater quorum on certain action governed by the Restrictions or specific Bylaws. Section C Powers and Duties 1. The Board shall have the power: a. To call special meeting of the Members whenever necessary, and it shall call a meeting when requested in writing by at least ten percent (10%) of the Members. b. To hire or remove at its discretion all agents and employees of the Association, prescribe their duties and fix their compensation. c. To collect all dues due and owing by Members. d. To establish or set the amount of dues in accordance with the provisions set forth in Article III, Section C. e. To disburse dues collected for the purposes set forth in these Bylaws, and to make and provide any purchases, improvements and services for the Association within the range of dues and assessments available currently. f. To approve expenditures not included in the budget in an amount not to exceed three percent (3%) of the current budget. g. (1) To maintain a Contingency Fund of up to $25,000 (twenty-five thousand) for emergency expenses or acquisition of common lands. This amount ($25,000) shall be reviewed annually by the Treasurer in comparison with current Consumer Price Index (CPI) information, and shall be adjusted when appropriate. Any such adjustments will be rounded to the nearest $1,000 (one-thousand). The Treasurer will report any increases for the forthcoming year at the annual meeting. The Contingency Fund shall be deposited into a separate interest bearing account from which funds may be withdrawn for emergency expenses, or acquisition of common lands at the Board s discretion. Transactions involving the Contingency Fund shall be reported at least annually to the Members. In the event a proposed budget is 10

11 submitted and the balance in the Contingency Fund has fallen below the amount prescribed above, the budget shall include a contribution to the Contingency Fund in an amount not to exceed $2,500 (twenty-five hundred) per year. (2) In the event emergency expenses or acquisition of common land costs exceeds the balance in the Contingency Fund, (or amounts available for acquisition of common lands, as included in the annual budget), the Board shall have the authority to borrow, at its discretion, additional funds, not to exceed $50,000 (fifty-thousand), for such purposes. This amount, ($50,000) shall be reviewed annually by the Treasurer in comparison with the current CPI information and shall be adjusted when appropriate. Adjustments are to be rounded to the nearest $5,000 (five-thousand). (3) In addition to the powers defined in sections g(1) & g(2) above the Board may be authorized to borrow such amounts for Association Projects upon a 60% approval of the Members voting. An Association Project is defined as the expenditure of funds for a specific individual purpose, design or intent, and intended to be completed, organized or established within a certain period of time. h. To adopt regulations covering the use, protection and preservation of the Common Property of the Association, as well as the lakes and other natural resources available for the use and enjoyment of Members, and enforce such regulations. i. To exercise for the Association all powers, duties, and authority vested in or delegated to the Association by the Restrictions. j. To perform any other act permitted by law and these Bylaws for the benefit of the Association. 2. The Board shall have the duty: a. To keep a complete record of all business conducted at Board and membership meetings. b. To comply with and carry out the specifics of all motions made, seconded and passed at any Board or membership meeting. c. To hire agents or employees as required to perform whatever work is necessary for such compliance. d. To prepare a proposed budget for the next fiscal year to be presented to the membership for approval or amendment. e. To establish dues for the next fiscal year. f. To appoint all committees as set forth in Article VII. g. To supervise all officers, agents, committees, and employees of the Association. h. To accept or refuse conveyance of title or maintenance responsibilities of all roads, boat landings, common property or improvements thereon made by any developer. 11

12 i. To enforce the Restrictions or amendments thereto of Natural Lakes Owners Advancement Association, Inc. or its successor in interest, in accordance with the provisions of these Bylaws. j. To take such other action as is necessary to perform duties for purposes or benefits of the Association. k. To insure that Board Members shall not receive financial payment for goods or services from NLOAA in excess of $2,000 (two thousand dollars) per fiscal year. l. To limit the amount of annual dues assessed to Members to no more than onehundred ten percent (110%) of the annual proposed budget for any given year. Any NLOAA monies not expended at the close of a fiscal year (less money needed to continue to pay expenses/bills still owed for the fiscal year but not received as of June 30 th ) will be used to reduce the dues assessment for the following fiscal year. The Treasurer will report in regard to this each year at the Annual Meeting. No funds except the Contingency Fund (used for emergencies and land acquisition), chip seal road resurfacing, designated voluntary membership donation funds and approved debt reduction funds will be allowed to be carried forward or set aside in a bank account. Section D Removal of Board Member A member of the Board may be removed for cause. Cause for removal shall include, but not be limited to: 1. Breach of fiduciary duty, including theft or misappropriation of Association funds or property. 2. Willful failure to deal fairly with the Association in connection with a matter in which the Director has a material conflict or interest. 3. A violation of criminal law, unless the Director has no reasonable cause to believe his/her conduct was unlawful. 4. A transaction from which the Director derived an improper personal profit. 5. Willful misconduct. 6. Willful neglect of duty. 7. Board Members should be available for all meetings, not to miss more than 3 meetings in the fiscal year without board approval. Proceedings for removal of a Member of the Board may be initiated by any Member of the Association by a dated and signed complaint filed with the Grievance Committee. The Committee shall investigate and shall report the complaint to the Board for action in closed session unless it determines that the complaint is without merit. The Member whose removal is sought shall be notified by certified mail of the time and date of the Board s scheduled action on the complaint and shall be given an opportunity to 12

13 appear personally and/or by a representative to answer to the complaint. The Member whose removal is sought shall not participate in the action of the Board on the complaint. Removal of a director shall require the affirmative vote of not less than two-thirds of the remaining members of the Board. ARTICLE VI Officers Section A Name, Selection, and Bonding There shall be a President, a Vice-president, a Secretary, and a Treasurer, all shall be Members of the Board. Officers shall be elected by majority vote of the Board and shall be elected for the term of one year. The President and Vice-president shall not serve more than two (2) consecutive terms, with one (1) year sabbatical. All officers of the Association shall have such duties as may be determined by the Board, not inconsistent with the Articles of the Bylaws. The president, vice-president, secretary, and treasurer shall give a bond for the faithful discharge of their duties in such sums and with such sureties as the Board of Directors shall determine. The cost of such bond to be charged as an administrative expense of the Association. Section B President The President shall preside at all meetings of the Members and the Board, and shall see that orders and resolutions of the Board are carried out and sign all notes, checks, leases, mortgages, deeds, membership certificates and all other written instruments. Section C Vice-President The Vice-president shall perform all the duties of the president in his/her absence. Section D Secretary The Secretary shall keep correct and complete records of the membership with names and addresses; shall keep records of the proceedings of meetings of the membership, Board of Directors, or committees having any authority of the Board; shall upon notice from the Treasurer, note in Association records any delinquency in payment of dues by Members, shall keep a record of number of votes each Member is entitled to cast and eligibility to vote; shall prepare the annual report containing a balance sheet and proposed budget from the Treasurer; shall prepare and send ballots (see Article IV, Section D); and all books and records of the Association kept by the Secretary may be inspected by any Members, his/her agent 13

14 or attorney, for any purpose at any reasonable time. At the discretion of the Board of Directors a Recording Secretary may be hired to provide such duties as deemed necessary. Section E Treasurer The Treasurer shall keep correct and complete books and records of account; shall receive and deposit in appropriate bank accounts all monies of the Association; shall disburse such funds as directed by resolution of the Board; provided however, that a resolution of the Board shall not be necessary for disbursements made in the ordinary course of business conducted within the limits of a budget adopted by the Board; shall keep the Secretary appraised of each Association Member s account, notifying Secretary of any delinquency as soon as it occurs; shall submit the books of account for audit at the completion of each fiscal year to a certified public accountant or to an audit committee of three (3) Association Members appointed by the Board; and shall prepare a balance sheet statement for the fiscal year ending and prepare the proposed budget, as dictated by the Board to be mailed to the membership prior to the regular annual meeting as set forth in Article IV, Section F. At the discretion of the Board of Directors a bookkeeper may be hired to provide such duties as deemed necessary. The number of officers required to sign checks shall be set from time to time by resolution of the Board. All books and records of the Association kept by the treasurer may be inspected by any Member, his/her agent, or attorney for any purpose at any reasonable time. ARTICLE VII Committees The Board shall appoint the following Standing Committees: a Nominating Committee; a Road Committee; a Common Lands Committee; a Environmental Committee, a Architectural Control Committee, a Grievance Committee; a Bylaws Committee and ad hoc committees as it shall deem necessary. Each committee shall consist of a chairperson and a designated number of Members, said number of Members to be determined by the Board of Directors from time to time, to serve for the next fiscal year; or in the case of an ad hoc committee, until its temporary purposes have been accomplished. Section A Nominating Committee It shall be their duty to nominate two (2) or more persons for each office on the Board to be filled at the next annual meeting (see Article V, Section A - last paragraph) to assist in the elections and perform such other duties as prescribed by the Board or in these Bylaws. Section B Road Committee It shall be their duty to inspect existing roads, bridges, culverts, parks, boat landings and additional roads to be acquired by the Association to determine if such are in condition for the Association to accept ownership and maintenance thereof. 14

15 This committee shall determine the need, extent, and cost of repairs and maintenance; make recommendations for amounts to be included for such repairs and maintenance in the proposed budget for the next fiscal year; and shall hire and supervise contractors or other workers for authorized repairs or maintenance to all roads, culverts, parks, bridges and boat landings belonging to the Association. Section C Environmental Committee It shall be their duty: 1. At the direction of the Board of Directors, to examine environmental implications of projects proposed in Natural Lakes, reporting findings to the Board of Directors. 2. To inform the Board of Directors and Natural Lakes Members of the natural resource issues, changes and environmental concerns. 3. At the direction of the Board of Directors, to provide education on environmental programs. 4. To cooperate on proposals made to the Board of Directors by Environmental subcommittees. Section D Architectural Control Committee If possible, the chairperson shall be a full-time resident of Natural Lakes; other Members shall consist of Members who are generally available also to review and approve any parcel improvement plans submitted and perform such other duties of the committee. Decisions of the Architectural Control Committee shall be ratified by a simple majority of the eligible voting members of the Architectural Control Committee. In the event of death, incapacity or resignation of any member of the Architectural Control Committee, the remaining members of the Architectural Control Committee shall have authority to act under this provision until a new Member is appointed by the Board of Directors. Section E Grievance Committee Any grievance or any violation of Association Bylaws or Restrictions noted by Association members shall be reported to this committee in a dated and signed complaint. The committee shall investigate and report to the Board for remedial action, in closed session. The Board shall review the complaint, and where appropriate of same, notify the violator(s) by certified mail, giving such person reasonable time to correct the violation. At the end of such time the committee shall again report to the Board regarding compliance, and thereafter if non-compliance continues, the Board may take such legal action on behalf of the Association and its members as it desires within the purpose and intent of these Bylaws and the Restrictions. The cost of legal proceedings incurred may be out of Association dues as part of Administrative expenses. The committee shall have such other powers and duties as prescribed by the Board. Nothing in this section shall prohibit any Member or Members from taking such legal action individually, as permitted by law. All costs and expenses of legal proceedings against any Member(s), including reasonable attorneys fees, shall be paid by the violating member(s). 15

16 Section F Common Lands It shall be their duty to identify and inspect proposed lands for common use; to recommend acceptance or rejection of ownership of these lands; and submit a proposal for the use and maintenance thereof. Section G Bylaws Committee It shall be their duty to review suggested Bylaw amendments. Section H Ad hoc Committees Ad hoc committees shall be established for specific temporary purposes. In the event any recommendation involving the expenditures of funds by any ad hoc committee is approved by the Board, the Board may proceed immediately with the proposal if current funds over and above the normal annual expenses are sufficient to pay for such project. If such funds are not deemed sufficient for the project, the Board shall not proceed with the project unless it shall first obtain the approval of the Members as set forth in these Bylaws. The Board has full discretion in determining whether a project shall be approved and submitted to a vote of the Members; provided however, any project requested in writing by ten percent (10%) of the Members shall be submitted to a vote of the Members if the Board fails to approve the project. Any project completed by an ad hoc committee in accordance herewith may thereafter be considered a part of the annual expense of the Association for purposes of maintenance, repair and continuation thereof. ARTICLE VIII General Provisions This Association is organized for the purpose as set forth herein and for the basic purpose of protecting the beauty, public health, purity and primitive qualities of the Natural Lakes Development, and to safeguard the rights of all Owners and to have full use and quiet enjoyment of their property. Owners of undeveloped lands lying within the boundaries of Natural Lakes shall comply with the Association Bylaws and Restrictions in subdividing and developing such lands. ARTICLE IX Rules of Order In the absence of other instructions, all Members shall follow Robert s Rules of Order. ARTICLE X Amendments These Bylaws may be amended only at the annual or special meeting of the membership; any amendment shall require a two-thirds majority vote of voting Members, in person, or by mail-in ballot(s), providing quorum requirements are met. 16

17 The Board of Directors shall have the power to correct any typographical or grammatical errors in these Bylaws, provided that said correction does not change the intent and purpose of same. NATURAL LAKES OWNERS ADVANCEMENT ASSOCIATION Amended Restrictions KNOW ALL MEN BY THESE PRESENT: RESTRICTIONS That NATURAL LAKES OWNERS ADVANCEMENT ASSOCIATION, INC. by virtue of the authority previously assigned and delegated to it, does hereby declare the following as and for Amended Restrictions : amending the original restrictions as recorded in Volume 240 page 583 and those subsequent amendments to restrictions which were dated March 1, 1971, and recorded April 30, 1971 in Volume 248 of Deeds on page 573; dated January 31, 1973 and recorded February 28, 1973 in Volume 273 of Records on page 474; dated June 18, 1979 and recorded June 25, 1979 in Volume 369 of Micro-Records on page 501; dated July 1981 and recorded August 4, 1981 in Volume 401 of Records on page 205; and recorded August 4, 1986 in Volume 484 on page 642; and recorded October 1, 1992 in Volume 619 on page 178; and recorded August 20, 1996 in Volume 747 on pages 366 thru 377; and recorded October 28, 1997 in Volume 792 on pages 55 thru 59; and recorded August 1998 in Volume 831 on pages 670 thru 673; and recorded July 28, 1999 in Volume 881 on pages 458 and 459; and recorded September 21, 2000 in Volume 993 on pages 83 thru 86; and recorded November 1, 2001 in Volume 1005 on pages 526 and 527; and recorded July 17, 2002 in Volume 1065 on pages 192 and 193, and recorded July 10, 2005 in Volume 1183 on pages 423 to 433; and recorded on August 2, 2005 in Volume 1363 on pages 330 and 331, all in Vilas County Wisconsin, to-wit. Lands Restricted. Intent. ARTICLE I Description of Lands Subject to Restrictions See Exhibit A attached hereto and made a part hereof. ARTICLE II Declaration The Natural Lakes Owners Advancement Association Inc. intending to establish a general plan for the use, occupancy and enjoyment of all lands in the NATURAL LAKES PRIVATE PRESERVE, hereby declares the following restrictions for the benefit of all present and future owners of parcels which have been or may be a part of the above described lands. These restrictions are made for the purpose of protecting the beauty, public health, purity, and primitive qualities of the area, and to safeguard all owners, and prospective owners of property in Natural Lakes Private Preserve. These Restrictions and protective Covenants shall constitute an equitable servitude and shall run with the land. 17

18 All owners of lands affected by these restrictions shall automatically become members of the Natural Lakes Owners Advancement Association, Inc., hereinafter referred to as the Owners Association, and shall adhere to all rules and regulations as set forth in the Owners Association Bylaws and the Restrictions as contained herein or any subsequent amendments thereto, Vilas County Zoning Ordinances, Town of Presque Isle Zoning Ordinances and Department of Natural Resources Requirements. Section A Lakeshore Parcels ARTICLE III Restrictions All lakeshore parcels shall have a minimum of two-hundred (200) feet of lake frontage, and no owner shall be permitted to subdivide a lakeshore parcel in any manner whatsoever. However any parcel having four-hundred (400) feet or more of lake frontage at the time of survey and sale by the original developer may be subdivided by the owner thereof into parcels containing at least two-hundred (200) feet of lake frontage. Section B Off-Water Parcels Upon obtaining prior written approval of the Owners Association, the owner of any off-water parcel may subdivide the same at any time, provided the subdivided lots contain at least ten (10) acres each. The owner of any off-water parcel may subdivide the same into lots less than ten (10) acres in size, upon obtaining written approval from the Owners Association of the plat of subdivision with minimum size of lots being two (2) acres. Section C Property Upkeep The purchasers of any property or portions thereof in NATURAL LAKES PRIVATE PRESERVE, whether from the original developer or subsequent owner of such property, or by the signing of contracts or agreements to purchase the same, shall become personally obligated for the upkeep of said property purchased and any buildings or structures erected thereon. Such upkeep shall consist of keeping the exteriors of all buildings in good repair and any other acts consistent, necessary or desirable in the judgment of the Owners Association. Issues regarding upkeep of said property may be brought to the attention of the Grievance Committee. Section D Property Use All parcels shall comply with Vilas County Zoning Ordinances and Town of Presque Isle Zoning Ordinances and Department of Natural Resources requirements, and shall be used only for single-family, residential dwelling purposes. A guest house, garage, or other outbuilding may be permitted, provided that the principal dwelling is already under construction or completed, excepting any outbuilding as specified in Article III, Section F (3). 1. Guest House. A guest house shall be known as a secondary residence, which may be erected on any parcel, within the requirements of these restrictions and all other applicable zoning ordinances. 2. Outbuildings. No outbuildings shall be used at any time for dwelling purposes. 18

19 3. Privies. Outdoor privies are prohibited. 4. Communication Cell Phone Tower(s). Individual property Owners/Members of the Association will not be allowed to erect a communication cell phone tower(s) on their property. The Association will be allowed to erect communication cell phone tower(s) on the common land(s) of Natural Lakes Private Preserve. Section E Construction Plans and Specifications No improvements driveways or structures shall be made on any parcel until a Request for Building / Driveway Permit has been submitted to the Architectural Control Committee (ACC) of the Owners Association and approved in writing. Any planned alteration to an existing improvement which expands its square footage or affects the restrictions outlined below also requires a Request for a Building / Driveway Permit to be submitted to the ACC and approved in writing. This must be done before seeking a zoning or building permit from the Town of Presque Isle or Vilas County. It is the property owner s responsibility to identify and clearly mark all property pins before submitting a Request for a Building / Driveway Permit. A Request for a Building / Driveway Permit form may be found on the Natural Lakes website (naturallakes.org) under Policies and Procedures. This form should be printed out, completed, and sent to the ACC at the PO Box of the Association. Submissions must include the application fee and a site plan depicting the location, dimensions, and specifications of the proposed improvement(s). If the ACC does not respond to a Request for Building / Driveway Permit within thirty (30) days after submission, approval will be deemed to have been obtained. In reviewing site plans and specifications, the ACC shall exercise two areas of oversight: 1. The ACC has the right to disapprove any plans and specifications which, in the opinion of the Committee, are undesirable for aesthetic or other reasons. These reasons include: the suitability of the proposed building and the building materials to the site where it is to be erected; the conformity and harmony of exterior design with other existing structures; the location of the building with respect to topography and ground elevation; the effect of the planned structure on the view from adjoining properties. 2. The ACC shall also consider the following additional restrictions: No part of any structure on any lake-shore parcel shall be constructed, moved or located within seventyfive (75) feet of the shoreline of any navigable waterway, nor within one-hundred (100) feet of the centerline of any existing roadway, nor within thirty (30) feet of the side lot lines, nor within forty (40) feet of the rear line of the parcel. 19

20 No part of any structure on any off-water parcel shall be constructed, moved or located within one-hundred (100) feet of the centerline of any existing roadway, nor within thirty (30) feet of the side lot lines of any parcel, nor within forty (40) feet of the rear line of the parcel. In individual cases of unnecessary hardship (as defined on the Presque Isle and Vilas County websites under "Zoning") the property owner may apply for a variance to the above restrictions, provided the variances are within the general intents and purposes of these provisions. To apply for a variance, the property owner may deliver or mail a request for said variance to the chairperson of the ACC. The variance request must include written approval from adjoining property owners. The ACC will review the variance request and notify the property owner and the Board of Directors in writing of its approval or disapproval. If the variance is recommended by the ACC, the Board of Directors may grant a variance, and must notify the property owner in writing for the variance to be effective. If the ACC disapproves a Request for Driveway Permit or a Request for Building Permit or a variance request the property owner, upon receipt of written notice of disapproval, may appeal the decision to the Board of Directors of the Association within ten (10) days, by personally delivering or mailing a notice of appeal to the President of the Association. Notice by mail must be certified, return receipt requested. Upon receipt of notice of appeal, the Board of Directors, within a reasonable period of time, shall schedule a hearing at which the property owner may appear personally or by representative before said Board to present the appeal. All adjoining property owners shall be given ample notice of the hearing, and the opportunity to attend such hearing and voice an opinion. Any decision that is contrary to the recommendation of the ACC, or in the case of a variance request an adjoining property owner s written objection, shall require the affirmative vote of six (6) members of the Board of Directors. The President of the Board of Directors shall vote in the rendering of any such decision. The Board of Directors shall render a final decision in writing on any appeal. Section F Dwelling Specifications Dwellings/buildings must meet the following specifications: 1. The minimum square footage for any principal cottage or residence located on any Lakeshore parcel shall be eight-hundred sixty (860) square feet. The minimum main floor square footage in such cottage or residence shall be seven-hundred twenty (720) square feet. The minimum square footage for any principal cottage or residence located on any off-water parcel shall be six-hundred (600) square feet. These minimum requirements do not include porches, patios, attached garages, carports, or breezeways. In dwellings with a lower level basement living area or second floor living area, or in split-level dwellings, any such areas having a minimum ceiling height of seven (7) feet may be applied to these minimum size requirements, in the discretion of the Owners Association Architectural Control Committee provided, however, that the main floor areas shall contain a minimum of seven-hundred twenty (720) square feet. 2. The minimum main floor square footage for a guest house shall be six-hundred (600) square feet. This does not include any attached garages, porches, patios, carports or breezeways provided however, that any fully enclosed porch or patio may be included and applied to this minimum requirement. 20

21 3. A movable storage building be allowed, prior to construction of the principal dwelling, provided the storage building not exceed one-hundred sixty (160) square feet, i.e. ten (10) feet by sixteen (16) feet. 4. The exterior of all buildings shall be of wood siding, metal siding, masonry, or comparable building material. The entire exterior of all buildings shall be completely finished, including painting or staining, within twelve (12) months from the date of commencement of construction. The use of metal siding as permitted in this paragraph, however, shall be subject to approval by the Owners Association Architectural Control Committee. Section G Fences, Signs and Other Structures No fences, piers, docks or any other type of structure with a fair market replacement value of $200 (two-hundred) or more may be erected or placed upon any parcel prior to obtaining written approval of the Architectural Control Committee. No vehicle of any type, which creates a nuisance or detracts from the aesthetic value of the area, may be parked on any parcel unless it is hidden from view from any road and from all adjoining parcels. Upon notice of violation by the Architectural Control Committee, the Member so notified shall comply with the corrective requirements established by the Architectural Control Committee, which may include removal of the structure, (including but not limited to piers and vehicles) from the premises, within fifteen (15) days after receipt of such written notice. The Architectural Control Committee may refuse to approve the erection of any structure, including but not limited to a television satellite system, if it decides, in its sole discretion, that such a structure(s) may interfere with the development, use, occupancy, or enjoyment of land, create a nuisance, or unduly detract from the aesthetic values of the surrounding area. This refusal and reasons for same will be in writing. The Architectural Control Committee shall have the authority to approve or disapprove of signs, billboards, posters, and the like, on the same basis as previously set forth in this paragraph. All signs shall be Natural Lakes Brown in color with Natural Lakes Yellow lettering, with the exception of boundary markers of the Common Lands. Any additional embellishment to signs (i.e. loon, wolf, eagle, tree) must be conducive to the aesthetic value of the area, and not visually distracting. All signs are to be approved by the Architectural Control Committee with the exception of County, Town and Natural Lakes Owners Advancement Association permits. Section H Professional Uses of Property Any owner of a parcel of land who is engaged in a business, trade or profession may practice such business, trade or profession on his land, provided such does not require the use of more than one room in his principal residence, or more than one room in any outbuilding. Signs may be erected only upon approval by the Owners Association Architectural Control Committee. Section I Other Uses of Property No parcel shall be sold to, rented, leased, used, or occupied by any person or persons, club or group entities, for public use or entertainment purposes, or for public lake access purposes. Individual owners may not sell, lease, convey, or grant access or easement on or across any parcel for the purposes of ingress or egress to any other lands or to waterways or lakes, for purposes other than public utilities. 21