BY-LAWS OF THE
WHITE BRANCH PROPERTY OWNERS’ ASSOCIATION, INC.
March 4, 2017
Introduction:
Formation of White Branch Resort as a sub division of
Article I – Registered WBPOA Office Location
Article II – WBPOA Origination and Purpose
Article III – White Branch Property Owners Association Membership
Article IV - Annual Assessments and dues
Article V - Board of Directors, also known as the BOD
Article VI - Election Procedures and terms of office
Article VII - Board Meetings
Article VIII – Expenses and Records
Article IX - Association Dock, Community Grounds and Boat launch Ramp
Article X - Community Rules and Regulations Article XI – Amendments
Article XII - Corporate Seal (Optional)
Article XIII - By-Laws Adoption and Approvals
DOCUMENTS RELATED TO WBPOA FORMATION:
1975 Articles of WBPOA incorporation
1952 DCCR that established White Branch Resort (Declaration of Covenants, Conditions, and Restrictions)
1987 Blackman deed of Water Front Property to WBPOA
Formation of White
Branch Resort as a sub division of
The community of White Branch Resort was formed as a sub
division of
This fee was paid to the grantors, the Banning family, until Nov 21, 1975 when the WBPOA was formed as a not for profit organization, and designated as the governing body for White Branch Resort. The Corporate papers included instructions for the WBPOA members to establish By-Laws to control member actions. Several drafts of proposed By-Laws were attempted, but none accepted or registered until those adopted and registered on Aug 26, 2010.
At that time all property was assessed at an equal annual rate based on the 1952 CCR, and equal access to all community property provided to all property owners in good standing.
Private property was later deeded to WBPOA as caretakers in 1987 that included the shoreline property as described in the deed. This WBPOA property is within the borders of the White Branch Resort Community, with access and privileges to its limited facilities granted per By-Law regulations on a first come first served basis to all registered WBR property title owners that are Association members in good standing. Service Fees in addition to and separate from Membership Dues and Community property maintenance dues and fees may be charged for use of its facilities as deemed necessary for proper maintenance and/or improvement of WBPOA private property.
The Aug 26, 2010 BY-Laws were in affect until conditions, including WBPOA membership definition and associated annual assessments dictated that they be amended to accurately define and reflect current needs. These amended By-Laws define and reflect these needs as determined and approved by a majority vote of the active WBPOA Board of Directors on Oct 1, 2016 and verified by a special meeting on Mar 4, 2017.
Article I – Registered WBPOA Office:
The principle office of the White Branch Property Owner’s
Association Incorporated shall be located in White Branch Resort, a Subdivision
of Benton County, in the State of
Article II – WBPOA Origination and Purpose
The community of
White Branch Resort was formed as a sub division of
This established the authority for WBR community property maintenance dues. The original Declarations Imposing Restrictions and Reservations, amendments, and associated documents including warranty deeds are all in effect and on file with the Recorder’s Office in Benton County, Missouri, passed to and set the authority of WBPOA to act as the governing body of the White Branch Resort community, and to establish By-Laws as governing documents for all past and future WBR plat additions.
The White Branch Property Owners’ Association, Inc., (WBPOA) was established on November 21, 1975 and was designated as the WBR Governing Body by the original owners and sub-dividers’ Declarations Imposing Restrictions and associated deeds and documents. This included the responsibility of establishing needs and collecting assessments or dues for maintaining, enhancing, and protecting the value, desirability, and attraction of the properties within the boundaries of White Branch Resort, also known as WBR, and all past, present, and future additions there-to.
The WBPOA acts as the Governing Body by authority and on behalf of the WBR registered property owners in good standing. Conformance is mandatory as a requirement of the DCCR declaration of covenants, conditions, and restrictions covenant that was part of the purchase of WBR property. By-Laws were later established as Governing Documents to support WBPOA actions and responsibilities on behalf of the WBR registered property owners.
As the governing body, all business and affairs of White Branch Resort community properties is governed and managed by the WBPOA Board of Directors with authority for the WBPOA as the WBR governing body and as caretakers for all WBPOA private and WBR community property, including past, current, and future plat additions.
These By-Laws support the WBPOA not for profit Certificate of Incorporation papers filed at the Benton County MO Courthouse November 21, 1975, the original Declarations Imposing Restrictions (CCRs), the 1987 Blackman deed to WBPOA shoreline property, and the guidelines of the WBPOA pursuant to today’s economy and demands.
In 1987, the Blackman family deeded shoreline property to WBPOA that included private park areas, boat dock attachment permit requirements, launch ramp privilege management responsibilities, and established the authority and need for WBPOA as caretakers for what is now WBPOA private shoreline property.
This WBPOA property is within the borders of the White Branch Resort Community, with access and privileges to its limited facilities granted to all registered WBR property title owners on a first come first served basis that are Association members in good standing per By-Law regulations. Service Fees for use of its facilities may be charged in addition to and separate from membership dues and Community property maintenance dues as deemed necessary for proper maintenance and/or improvement of WBPOA property.
Article III – White Branch Property Owners Association Membership
Any and all registered White Branch Resort property title owners are subject to CCR and By-Laws rules and regulations on purchase of property governed by WBPOA and CCR covenant requirements.
A registered property title owner is defined as anyone whose name is legally on a registered WBR property parcel title as an owner, or legally married to a person whose name is legally registered on the parcel title as an owner. If more than one name is legally registered on the parcel title as an owner, each named is eligible as a property owner. This does not include an occupant, relative, and/or co-habitant whose name is not legally registered on the parcel title as an owner that is not married to the titled owner.
A WBPOA member in good standing is defined as a registered WBR property title owner, paid current in all community property and WBPOA maintenance dues and fees, and in compliance with all original and amended declarations imposing restrictions and WBPOA By-Laws, rules, and regulations. Payment of the “residence per lot” fee is a requirement to qualify a property owner as a WBPOA member in good standing. If no residence is on the property owned, an equivalent payment is acceptable for membership. The CCR required payment per lot alone does not qualify an owner as a WBPOA member in good standing.
Membership privileges for association members in good standing Include:
1. Nomination of candidates, be nominated for an office, and Voting at elections.
2. Option to hold a special permit for one boat dock and/or approval for use of one boat slip as available;
3. Option to have a Gate key and Use of the boat ramp by the park Shelter House;
4. Full Use of all community and WBPOA Private property Grounds, which includes all park and Shelter areas.
5. Free BOD approved boat storage as available on the designated storage lot on a first come-first-serve basis.
WBPOA Membership privileges for members in good standing and voting rights may be transferred only by a WBPOA approved notarized document signed by the seller and buyer acknowledging that a “purchasing tenant” is buying a specific property parcel from them by “Contract for Deed” or a legally recognized “purchasing tenant” agreement that will result in a property title transfer at full payment of the contract agreement, describing the property by Grantor, Grantee, Lot, Block, Subdivision name, and parcel identification number.
This notarized document signed by the seller and buyer would transfer all rights and privileges to the purchasing tenant and void the titled owner’s rights and privileges. However, as title owner, the registered property owner and grantor remains responsible for payment of all property assessment fees and will be so billed until the title is transferred to the grantee. Any such agreement must be pre approved and signed by the WBPOA treasurer, the title owner, and the “Purchasing Tenant” and filed with the WBPOA.
Approval may be revoked by WBPOA at any time the “Purchasing Tenant” becomes in violation of the By-Laws. Delinquent accounts of “purchasing tenants” become the legal responsibility of the titled property parcel owner having made the “purchasing tenant” agreement, who will be responsible for delinquencies and result in revocation of “purchasing tenant” sanction status.
Caution: Agreements between Titled Property Owners and other
persons occupying WBR property must be WBPOA approved and sanctioned by a
notarized document acknowledging that the “purchasing tenant” is buying a
specific property parcel from them by Contract for Deed or a legally recognized
“purchasing tenant” agreement, describing the property by
Article IV - Annual Assessments
Section 1: Assessment Definitions, Authority, Need, Penalties, and methods:
Definitions relating to WBPOA Dues and Assessments:
A lot is defined as a small area of land that is empty, and is considered part of a parcel of an immovable subset of land.
A Residence is defined as an approved house/dwelling for occupancy by and located on a lot owned by a registered property title owner or approved purchasing tenant.
Cost of governing includes office space, office equipment, office supplies, utilities, tax preparation fees, legal fees, financial, communication, transportation and miscellaneous extraneous expenses. Your Board of Directors serves as elected volunteers with no compensation for their services, but the cost of doing business must be funded.
Community Property Maintenance cost includes equipment purchases and maintenance, operating costs, fuel, storage, supplies, and contracted services.
Authority: The original CCRs and Articles of Incorporation, on behalf of the WBR property title owners, assigned the WBPOA the Governing Authority and Responsibility of establishing needs and collecting dues assessments and fees for governing, maintaining, enhancing, improving, and protecting the value, desirability, and attraction of the properties within the community boundaries of White Branch Resort.
Section 1: Determination and purpose of dues and fees:
When established in the original Declarations Imposing Restrictions for White Branch Resort, each property owner was required to pay an annual $10 assessment fee per lot owned for maintenance of roads and community property for the upcoming year to the designees of the original property owners.
WBPOA recognized that the basic $10 fee CCR per lot will not cover even a small portion of the annual cost to maintain or improve community property and roads and falls far short of the originators’ intent, and that need for additional income is essential for the survival of the community maintenance goals.
To help accomplish this, WBR property owners are required to become Association members and pay Association Dues and/or service fees as described here-in for access to private property and associated privileges. Collections in excess of normal WBPOA property maintenance are designated for use in community property maintenance.
As designee and the governing body, WBPOA will annually mail a community property maintenance dues assessment statement to each WBR registered titled property owner for the upcoming year. Separate Association membership dues will be included, plus special privilege fees for access to private facilities such as dock permits, slip use, and key users in addition to membership dues and community property maintenance.
Annual Assessment rates may vary with properties owned and services chosen:
1. A Basic mandatory “community property maintenance fee” is required for each lot owned on each property parcel.
2. An additional “residence per lot” fee includes association membership and allows access to all privileges afforded only to association members. If no residence is on the property owned, an equivalent membership fee payment is acceptable.
3. A separate “Service fee” may be charged to association members to attach a permitted dock, or for dock slip use on WBPOA property.
4. A separate “Service fee” may be charged to association members in good standing for gate key and boat launch ramp use privileges.
Service Fees may be charged in addition to and separate from Community property maintenance dues if deemed necessary for proper maintenance and/or improvement of WBPOA property.
Community property assessment needs are determined annually based on anticipated and historical annual costs of road maintenance, community grounds maintenance, and improvements to areas and road equipment acquisition and maintenance, and annual community property maintenance Expense budgets set accordingly.
Failure to pay WBPOA annual dues and fees or community property maintenance fees on time may result in late fees and/or fines at the rate in place at the time of annual billing and as determined by the BOD, with the possibility of liens, loss of membership privileges, collection actions and foreclosures when deemed necessary. Current rate details and fee amounts will be included on the annual statements.
Section 2: Property owner mailing Addresses:
Each property owner is required to keep the Association Treasurer informed of his/her latest mailing address. If not, and the assessment and dues statement is late or undeliverable by normal mail, late charges and a lien may be assessed.
Section 3: Preparation and Mailing:
The Treasurer shall prepare and mail annual statements for dues and fee assessments by December 1st of each upcoming year. The Treasurer will coordinate with the Secretary for completion of all annual mailings. The Treasurer will obtain current addresses and current property descriptions per owner from the Assessor’s Office in the Benton County Court House.
Bills are to be mailed to titled property owners or to their approved and sanctioned notarized “purchasing tenants” in good standing only, by December 1st for each upcoming year. Payments are due January 1st and declared late if received after March 1st of the same year.
Section 4: Delinquent Account Penalties and Foreclosure Assessments:
Accounts delinquent after July 1st of the first billing year will have a fine of 1.5% per each month delinquent or 18% per year as originally set in a 2001 WBPOA meeting unless rates are changed by a majority vote of the current BOD, and assessed retroactively to the first month delinquent through the current annual billing date. Delinquent accounts of “purchasing tenants” become the legal responsibility of the titled property owner having made the agreement with the tenant and will result in revocation of “purchasing tenant” status.
Any bank which has foreclosed on White Branch property is
responsible for payment of all pending and delinquent dues assessment, liens,
and covenant related fees. The owner bank will be billed for the duration of
their foreclosure ownership. All dues
and fees are to be paid in full as due to WBPOA at time of sale or transfer of
ownership or title, and prorated between the seller bank and buyer. The
Article V - Board of Directors, also known as the BOD.
Section 1: Board of Director Members and Board Officers:
The WBPOA shall have nine active Directors, five elected active board members, and four officers. These four officers include President, Vice President, Secretary and Treasurer. Two alternate Board members shall also be elected to replace any member vacating an active position or during a specific meeting when needed to form a quorum, with full voting rights for that meeting only. The board members and officers are known together as the Board of Directors.
Board Officers and Board Members represent the community of White Branch at all times in manner of speech and behavior. Part of the mission of WBPOA is to develop and maintain a community of friendly and helpful neighbors who maintain safe and clean properties. Board Members are encouraged and expected to act in a courteous and respectful manner at all times.
Eligibility to be nominated and serve on the Board of Directors requires an individual to be an Association member in good standing, able to attend all meetings, and able to perform the duties of the office.
Section 2: Board of Director Member Responsibilities and Special Officer Duties:
Attend all WBPOA General Meetings and Special meetings of the Board of Directors possible. If an absence from a meeting is necessary, the President or another officer of the Board should be notified as soon as possible. Unexcused absence from three consecutive meetings may result in replacement of the Director at the discretion and a majority vote of the remaining Board Members.
Perform duties of your office to the best of your abilities, maintaining confidentiality of Board business pertaining to individuals. Request guidance or assistance from other directors as needed. Recruit association members to assist in carrying out assignments as appropriate. Report any conflict of interest to the Board of Directors immediately.
Be available to WBPOA member residents when possible to listen to their comments, problems, suggestions and requests to report to the Board of Directors. To present such during a meeting, obtain a written statement of same, with signature and date, from the individual involved.
Submit all proposals in writing, with dates and signature(s), to the President or Vice President at least two days prior to a meeting whenever possible. Approval by the Board of Directors is needed before action on estimates can be taken and reimbursements made on nonrecurring items.
Maintain your attention on the business at hand in a courteous and reasonable manner until completion, or until the topic is tabled. Be ready to honestly express your opinions, make clearly stated motions, and be prepared to second a motion and vote as your opinion dictates.
Express your vote in the manner requested for the record on all voting issues.
If a count of votes is required, a raised hand is required until vote count completion.
Special Officer Duties:
Responsibilities of each Director will include at least one of the following Special Officer Duties:
NOTE: A Special Officer or “Commissioner” has the authority and responsibility to administer By-Laws or rules that relate to a specific subject matter over which he or she has authority, but will discuss areas of responsibility with other BOD members or Special Officers as they overlap or relate to other areas. Reports to BOD monthly, and at BOD meetings.
Road Maintenance Officer or Commissioner:
Responsible for determining and overseeing actions required to maintain roads in as good and proper condition as available assessment resources, budget, and BOD approval allows. Makes recommendations for future road improvements, appropriate needs for equipment repair and/or replacement, and resources. This includes routine major cleaning of ditches and replacement of culverts to prevent road wash outs due to natural causes and/or to property owner negligence. If needed, outsourcing or contracting of work within By-Laws guidelines and budget approval may be pursued. Determines if associated ditches and culvert conditions provide proper drainage so that road surface work involving addition of rock can take place without potential for wash out. Keeps the mowers, tractors, and other equipment in good working condition within budget and BOD approvals.
Shoreline and Park Area Management Officer:
Responsible for determining and overseeing actions required to maintain all WBPOA shoreline, community property, and park areas in as good and proper condition as available assessment resources and BOD approval allows. This includes providing for mowing and trash removal. Determines eligibility, issues area use permits, and assures permit compliance for community property and park area usage reservations. Responsible for determining and overseeing actions required to maintain all dock access property and boat launch ramp in as good and proper condition as available assessment resources and BOD approval allows. Monitors for cleanliness of water surrounding docks and their mooring areas and construction adherence to dock rules, with special attention to deterioration and safety, and advises BOD and dock owners of maintenance needs. Makes recommendations for future shoreline and park area property improvements and appropriate needs for equipment and resources.
Dock Permit and Gate Key Officer:
Accepts and processes new boat dock permits, dock permit transfers, and gated ramp key distributions with Treasurer’s applicant account approvals and Shoreline Management Officer.
Work with Treasurer, Secretary, and non-compliant account owners to avoid or justify removal of WBPOA member privileges such as dock permit eligibility. Request and use Treasurer recommended or prepared documents to execute actions and to advise delinquent account owners of pending consequences, including dock permit loss, letters to AmerenUE advising of WBPOA revocation of permit approvals, and delinquent account property liens or collection actions. Prepares and files lien documents and works with WBPOA BOD approved attorneys to initiate collection or foreclosure processes as determined necessary by the BOD.
Public Affairs Officer:
Receive, present to the Board, and/or take appropriate action to resolve issues relating to suggestions and complaints from owners in good standing. Oversee issues involving Community Regulations and coordinates problems with appropriate special works officers. Works with Secretary to maintain the WBPOA Web Site to inform property owners of new actions, issues, events, issues of concern, and notice of owners’ businesses, services and needs and keep it updated such that current posts are assured. Solicit and “police” web site content to assure compliance with privacy laws and WBPOA By-Laws.
Section 3: Executive Officer Responsibilities:
All Officers shall attend all meetings of the Board of Directors possible.
President’s duties:
Chair BOD meetings, and supervise business, property, and the affairs of the WBPOA, subject to BOD authority. The President shall perform the duties incidental to his/her office given by the authority of the Board of Directors. These duties may include:
Delegate tasks to the Vice President, Board members, and WBPOA members that accept the task.
Participate as a committee consultant to assist in obtaining committee objectives.
Vote only to break a tie on business affairs and/or meetings of the Board of Directors.
Vice President’s duties:
The Vice President shall perform the duties and powers delegated to him/her by the President and/or the Board of Directors. In the absence of the President, the Vice President shall perform the duties and exercise the powers of the President. The Vice President may vote at all meetings, except when acting as the President.
Treasurer’s duties:
The Treasurer shall be custodian of the corporate funds and financial records, with control and possession of funds and securities of the WBPOA, with approval of the Board of Directors.
Keep hard copies of all bills, receipts, payments, and reimbursements, and maintain accurate computer and hard copy records of all monies received and disbursed. Present suspected discrepancies to the BOD, and make corrections as necessary for BOD approval.
Deposit all monies and valuable effects in the approved bank depository and make disbursements of the funds and securities of the WBPOA with prior process approval of the Board of Directors.
Submit estimates, receipts, and/or bills in excess of the limit set by the BOD for individual expenditures to the Board of Directors for approval prior to payment, with the exception of those approved as a recurring commitment.
Prepare the annual billing of the community property maintenance dues assessments by December 1st of each year, and coordinate mailing of the billings with the Secretary.
Scrutinize each payment or other information received for a change of address and forward such to the Secretary and Dock Coordinator as needed to assist in updating the mailing and dock related approval lists.
Prepare an annual budget by Dec 31st of each year. The budget shall be presented to the Board of Directors for approval.
Prepare monthly and annual reports and gather and maintain information for the Board of Directors regarding finances of the WBPOA.
An audit may be conducted in January every year or as determined necessary by the BOD. This audit may be assigned either to a WBPOA committee or to an outside auditing service.
Secretary’s duties:
Prepare notices of upcoming meetings and events in a timely manner, and post such on the community bulletin board and Web site. If absent from a Special Board of Directors meeting or a General Association meeting, the President of the Board of Directors may appoint a temporary substitute to take notes for the minutes. These notes will be given to and coordinated the active Secretary for preparation of the meeting minutes.
Assisted by an audio or audio/video recorder, record details of all meeting issues discussed, motions made and passed, and votes cast, and keep hard copies of such meetings in computer files on a computer provided by the BOD for that purpose, and an audio and hard copy record detailing all meeting issues discussed,
Prepare a hard draft copy of the Association meeting minutes for approval by two Board members, the Secretary and one other member, before presenting to the BOD for final approval. The draft will consist only of time, date, members in attendance, motions made and passed, name of motion maker and what is decided at meetings, not discussion details, or personal, confidential, or financial details. Meeting minutes will then be presented at the next Association meeting for final approval. Approved copies that have no confidential, specific financial or personal content may then be posted on the bulletin board and web site.
Maintain a permanent record file for meeting of each year for future reference, including minutes, original sign-in sheets of meetings, treasurer reports, written notes, committee notes, notices, and correspondence. All records are to be maintained until disposal is authorized by the BOD, at least for seven years.
Maintain a current mailing list of addresses for all WBR property owners, comparing addresses with those on file by the Treasurer and at the Benton County Assessor’s Office.
At the Board of Directors’ discretion, prepare and mail an annual newsletter as an enclosure with the mailing of the annual billing of dues assessment to all White Branch property owners by December 1st of each year. The newsletter will summarize the actions and events of the preceding year, current issues, upcoming events, and activities for which member volunteers may be needed.
Article VI - Election Procedures and terms of office:
Section 1: Election Procedures
The election for all Officers and Board members shall be held every four years. At the expiration of his/her current term in office, any officer may be nominated and re-elected for a subsequent term.
Only a WBPOA member in good standing may nominate, run for office, or vote to elect Board members, including the President, Vice President, Treasurer, and Secretary. One vote is permitted per each registered property title parcel owner that is an Association member in good standing, with a maximum of two votes per registered membership household.
A registered property parcel owner is anyone whose name is on a legally registered WBR parcel title, or legally married to a person whose name is on the parcel title. This does not include an occupant that is not married to the title owner or a relative or co-habitant whose name is not on the title.
The property and voting rights and privileges of an association member in good standing may be transferred to a “purchasing tenant” only by a WBPOA approved and sanctioned notarized document acknowledging that the tenant is buying a specific property parcel from them by Contract for Deed or a legally recognized Rent-to-Own agreement, describing the property by Lot, Block, Subdivision name, and parcel identification number. Sanction may be revoked by WBPOA at any time the “purchasing tenant” becomes delinquent in dues or in violation of the By-Laws.
Section 2: General Election Committee Duties.
The Secretary or substitute will attend and/or prepare committee meeting reports as requested by committee chairpersons. If the Secretary is absent from a Committee meeting, the remaining committee chairperson or President of the Board of Directors may appoint a temporary substitute to take notes for the minutes. The temporary/substitute Secretary shall perform all duties incidental to the office of the Secretary.
The election committee shall be WBR property or “purchasing
tenant” owners that are Association members in good standing appointed by the
Board of Directors and shall include one or more Board members. This committee
shall post mail to announce the election date at least 30 days prior to the
election, request nominations, approve and supply requested absentee ballots,
and post those nominees on the community bulletin board and web site. Absentee
ballots and those requesting them are so identified, and duplicate
They shall also solicit sufficient volunteer WBR property owners in good standing to work the election and registration desk, set up the ballot box, have ballots prepared, count, initial, date, and file ballots, and perform any jobs necessary to complete the election process.
Section 3: Nominee Requirements
Eligibility to be nominated and serve on the Board of
Directors requires an individual to be a registered WBR property title or
“Purchasing Tenant” title owner in good standing that is an Association member
in White Branch Resort,
Have applicable experience in actions required by the office in question.
Be able to provide time necessary to perform required association duties.
Have access to and be able to communicate with other BOD members in person, “on-line” via e-mail, and by phone.
Good verbal and written communication skills are a must, including basic Computer skills.
Excel and MS Word or equivalent use is required for the treasurer and secretary.
Be able to attend all required General and Special meetings, including phone and email meetings.
Have no prior proven or pending negative legal actions against him/her.
Section 4: Terms for the Board of Directors:
Newly elected persons or appointees shall take office immediately. If only one person is nominated, the Board may select that person for the office nominated without a full membership vote.
The four executive officers, five Board Members and two alternates shall each serve a four-year term of office unless they resign or are removed by the membership complaint process, or another reason for a vacancy exists.
Board members and/or officers filling vacancies serve only until the next election. At the expiration of his/her current term in office, any officer or Board Member may be nominated and re-elected for a subsequent term. Election and ByLaw procedures determine who serves and length of service, and there is no set limitation for terms served.
Section 5: Removal and Replacement of a Board Member.
Each Director shall hold full term office unless they resign, are voted out of office by a majority of the remaining Directors, or are removed by the membership complaint process.
Any Officer or Board member may be removed from office at any time for just cause. Any complaints about an Officer(s) or Board member must be presented to the Board of Directors in written form and signed by the initiator(s). If just cause is found, the majority vote of the remaining Board of Directors will decide action and implement disciplinary procedures and policies. If removal of person(s) is/are warranted, resignation will be requested, or removal implemented by the majority vote of the BOD.
Any vacancies of Board of Directors shall be immediately filled by elected alternates willing to hold that position. A vacant President’s position shall immediately be filled by the Vice President as acting President, and a new acting Vice President shall be elected by the remaining BOD members, with senior alternates replacing the active directors.
Alternates and acting officers serve only the remainder of the term of that Director. The Board of Directors may choose to select an alternate from among WBR owners in attendance and in good standing, or, choose to hold a special election to fill the vacancy(s).
Section 6: Special Elections.
Upon resignation, or removal of one or more directors, vacancies not filled by the alternate(s) may be filled by a special election. If the Board chooses to hold an election to fill a vacancy, it will be held at the end of a thirty day posting on the web site and community bulletin board to hear nominations. For a special election, a committee shall be formed of BOD volunteers and the alternates determined by BOD majority vote at a special meeting.
Article VII Board Meetings:
Section 1: Types of Meetings:
All Meetings shall be conducted per the guidelines of Robert’s Rules of Order
General meetings:
General Association meetings are open to all WBR registered property owners that are Association members in good standing and will be held at the shelter house by the lake access ramp during warm weather on the first Saturday of alternate months of April, June, Aug, and Oct at a time set by the BOD. In case of inclement weather or special events, an alternate time and location will be posted on the community bulletin board and website as soon as determined. The bulletin board is located at the Shelter House. General meetings will not be scheduled during Jan, Feb, Mar, Nov, or Dec.
Special Meetings:
Special meetings of the Board may be requested by any Director. Meetings, if agreed on by a majority of the BOD members, may be held at any approved local location and time as set forth by the Directors. Such special meetings usually concern topics of a confidential nature, are not open to the public, and will include normal procedures with minutes taken by the Secretary. A draft of the special meeting minutes must be approved by two Board members before being presented to the BOD for final approval. Special Meeting Minutes will not be read at General Meetings, or be posted on the web site or bulletin board.
Section 2: Requirements for Meetings:
Quorum.
A quorum of the Board of Directors consisting of at least five Board Members must be in attendance in order to conduct business, including the President or Vice President and Secretary or acting Secretary. If there is no quorum, the meeting cannot be called to order and must be rescheduled for a later date.
Documents:
The Bylaws, CCR Declarations of Covenants, Restrictions and Reservations, Corporation Papers, and minutes from the prior meeting shall be available for final approval, reference, and for guidance at every meeting.
Order of Meetings:
1. Call meeting to order;
2. Reading of Minutes and vote to accept;
3. Treasurer’s Report and vote to accept;
4. Old Business;
5. Committee Reports;
6. New Business;
7. Upcoming Events;
8. Adjournment.
Section 3: Manner of Acting.
The act of the majority of the Board of Directors present at the meeting at which a quorum is present shall be the act of the Board of Directors.
Acting Without a Meeting:
Any act or action required or permitted to be taken by the Board of Directors at a meeting may be taken without personal attendance at the meeting if consent in writing setting forth the action to be taken is signed by all Board of Directors and made part of the permanent record with the Secretary. E-mail, phone, or fax participation is permitted.
Actions as Presumption of Assent:
A WBPOA Director present at a meeting of the Board of Directors or involved in an action without a meeting at which any BOD official action is taken shall be presumed to have assented to the action taken unless his/her dissent shall be entered in minutes of the meeting, or unless he/she shall file his/her written dissent to such action with the person acting as secretary of the meeting before the adjournment thereof, and shall send such document of dissent by registered mail to the acting secretary of the WBPOA immediately after the adjournment of the meeting. Such right to dissent shall not apply to a director who voted in favor of such action.
Section 4: General Action Committees.
Committee chairpersons, members, and volunteers shall be WBR property owners or purchasing tenants in good standing, having annual dues assessments and fees paid to date, and being able to perform tasks in a timely manner. Committee chairpersons shall require expenditures in writing and carry out the work with the members after prior approval of the Board of Directors. Committees report to the Board of Directors and shall submit a written report on progress as directed. The President may act as a committee consultant to assist in maintaining and achieving an objective.
Article VIII – Records and Expenses
Section 1: Fiscal Year:
The Corporation’s fiscal year shall start January 1 and end December 31 of each year.
Section 2: Audits and Taxes.
An annual audit may be performed at the discretion of the BOD. As directed by the BOD, the Treasurer shall furnish all financial records to the Board appointed internal audit committee or to an outside auditing service.
State and Federal taxes must be filed by March 31 each year. The Treasurer is responsible for coordinating performance of audits, and filing of taxes.
Section 3: Handling of Account Records:
The Treasurer will keep a record of all business and WBR property owner personal account transactions including billing statements, receipts, deposits, and dispersals in files on a computer provided or approved by the BOD for that purpose and hard copies in a three ring binder.
Internet access will be provided to the Secretary, Treasurer, and other Officers as determined necessary by the BOD for BOD intercommunication, on line research, and WBPOA business related activities.
The Association will maintain a “lockbox” or locking file cabinet for use of the Association only, and is for the safe keeping of Association property deeds, WBPOA account records, and other such important documents.
The Treasurer is responsible for keeping the box or file cabinet and one key, with the President or Secretary keeping the only other duplicate key. The lock box may be a “safety deposit box” located at the bank currently used by the Association, or a locking file cabinet kept at the work station of the Secretary or Treasurer, depending on content.
Section 4: General Finances
Deposits of the Corporation Funds shall be in a financial institution chosen by the Treasurer and approved by the Board of Directors. A change of banking facilities requires approval by a majority vote of the Board of Directors.
All checks, drafts, other orders for the payment of money, notes, receipts or other evidence of indebtedness issued in the name of the Corporation, shall be signed by either the Treasurer, President, or Vice President (acting as President), along with office held stated.
Contracts may be authorized by The WBPOA Board of Directors as agents to enter into or execute and deliver any instrument in the name of and on behalf of the Corporation, and such authority may be general or confined to specific instance. Such authorization must be passed by a majority of the Board of Directors voting in quorum and names filed in written record.
Whenever business or services shall be contracted with the Association, two written estimates, when available, must be presented to the Board of Directors for discussion and approval, with no Verbal Business or services agreements. All estimates are required to be presented in written form with itemized costs, no exceptions, and must be passed by a majority quorum vote.
Loans shall be contracted on behalf of the Corporation and evidences of indebtedness shall be issued in its name only if authorized by a quorum resolution of the Board of Directors. Such authority may be general but confined to specific instances. Loans may be obtained only for common ground improvements and related equipment and not exceed the amount BOD approved for a specific project. Any loan and/or contract must be signed by the current President and two officers, who must state their WBPOA held office with their signature.
The Association is required to carry minimum liability insurance of one million dollars, or, as required by the state of MO. At the discretion of the BOD and depending on the hazardous nature of the job, a person or company is required to be bonded and carry their own liability insurance to be eligible for WBPOA work. When required, current proof of insurance must be presented with any work estimates.
Operating Expenses:
Routine daily, monthly, semi-annual, and annual expenses such as electric, trash, internet, office supplies, equipment repairs, web site, and Association property taxes are to be paid in a timely manner, and are not required to have prior approval of the Board of Directors. The BOD will set a maximum limit to be expended for other individual bill approvals as needed. This limit will become part of the minutes and made available at each meeting. Bills in excess of the BOD set maximum limit will require the signature of two Officers;
Treasurer and/or President and/or Vice President before disbursing funds.
Personal Compensation:
Members of the Board of Directors and Officers perform the duties of their office on a volunteer basis and without pay for time spent on job related duties. Approved out of pocket job related expenses are to be compensated at cost. Personal compensation for non job duty related community improvement work is at the discretion of the Board of Directors, and BOD member job bids not related to duties of their office are permissible and encouraged.
Reimbursements:
Any person due money from the Association is required to submit receipts and/or approved invoices in writing, which include the dates, times, locations, materials, labor, and detailed description of the service(s) being performed. All other individual bills exceeding the BOD set limit must be approved by the Board of Directors before any expenditure for service performed is paid. Reimbursement for use and maintenance of personal equipment for Association purposes will be at cost.
Office Equipment: (overseen by the officer in charge)
The Board of Directors will provide office equipment and supplies as needed for business operations of the Association and maintain such in proper working condition. This office equipment is to be returned to the Board of Directors if such person no longer serves that office. Personal use of equipment is at the discretion of the BOD. Cost for and maintenance of approved personal equipment is at the discretion of the BOD.
Community Property Maintenance Equipment: (overseen by the Road Maintenance officer)
The Association may purchase materials and equipment needed for the purposes of maintaining and improving WBPOA titled and other Community Property. Purchases and maintenance shall be governed by these By-Laws. The use of the materials and equipment is governed by and at the discretion of the Board of Directors. The material shall be kept in safe and proper working condition, and shall be stored in a designated area on WBPOA grounds when not in use. Personal use of equipment is at the discretion of the BOD.
Article IX: Association Launch Ramp and Boat Docks
Section 1:
Only Association members in good standing are eligible for dock attachment, dock slip, and launch ramp facilities use. Special Service Fees for use of WBPOA dock attachment and launch ramp facilities may be charged in addition to and separate from Association membership and Community property maintenance dues as deemed necessary for proper maintenance and/or improvement of WBPOA property.
Section 2: Launch Ramp Access:
The boat launch ramp may have limited access controlled by a locked gate.
Only registered WBR property title owners and purchasing tenants that are Association members in good standing are allowed to use the boat launch ramp and receive a ramp gate key, and are responsible for locking the gate after each use.
One key will be provided to each household of an Association member in good standing having met the optional ramp gate key usage conditions. One additional key can be obtained at the additional service fee then in effect.
Keys to the boat launch must not to be duplicated or given to non-association members. A service fee then in effect will be required from the association member to replace a lost key.
Keys must be returned to the Board of Directors at such time this individual sells his/her property. A service fee then in effect will be required from the association member to replace a lost key.
The Key must be returned to the Board of Directors at such time the member is no longer a paying association member. Keys to the boat launch are the sole property of the Association, and individuals that do not comply with these rules are subject to revocation of keys and/or a fine and lien assessment, and a service fee then in effect for misuse of Association property.
Service Fees for use of WBPOA dock attachment and launch ramp facilities may be charged in addition to and separate from Association membership dues and Community property maintenance dues as deemed necessary for proper maintenance and/or improvement of WBPOA property.
Section 3: Boat Dock Rules and Regulations:
These rules and regulations fall under the guidelines of AmerenUE as given by their authority and these By-Laws adopted by WBPOA. In cooperation with the shoreline management arrangement made with AmerenUE, the WBPOA Board of Directors and the WBPOA members in good standing have control over all White Branch Resort waterfront property to which any and all walkways are attached. Those WBR property owners that own to the AmerenUE water line are included and restricted to the same Association By-Laws as those attached to WBPOA shore line. This allows WBPOA to monitor the safety and condition of each dock as partners with AmerenUE Shoreline Management.
The Association Members in good standing own the WBPOA property lying between Stonecrest Road and the waters edge, starting at the White Branch Marina’s boat launch; ending at Parcel ID property 145022002002049000, lying at the bottom of Chance Ave and Stonecrest Road. The resident property owners that are directly connected from their own property to Association property have the choice to maintain such Association property. However, the choice to maintain Association property does not give claim to such Association property.
No camping, or overnight parking of vehicles, boats, or trailers, is allowed on this property. Vehicle and/or trailer parking at the gravel area of the shelter is allowed on a temporary basis while launching or retrieving a boat or using the shelter area. No boats or water vessels are allowed to tie up to the WBPOA dock for an extended length of time so as to restrict normal dock access.
Section 4: Boat Dock Attachment Permits:
Service Fees for use of WBPOA dock attachment and launch ramp facilities may be charged in addition to and separate from Association membership dues and Community property maintenance dues if deemed necessary for proper maintenance and/or improvement of WBPOA property.
Eligibility for a WBPOA approved AmerenUE dock permit for attachment of a dock or approval for use of a slip on a permitted dock on WBPOA private or WBR Community shoreline property requires that you be a registered WBR property title owner or purchasing tenant that is an Association member in good standing with WBPOA assessments paid current and in compliance with CCRs and WBPOA By-Laws. Permit applications will be submitted to the Shoreline Management Officer.
An approval letter from the WBPOA Dock Permit and Gate Key Officer verifying total compliance with WBPOA rules and payment in full of all WBPOA dues assessments and fees must be included with a completed application to AmerenUE in order to obtain a new dock permit, keep an existing permit, or transfer permit ownership.
Dock attachment fees, if assessed, will be separate from Association membership dues and Community Property Maintenance Dues and Governing fee assessments and based on the number of slips in the dock. Docks with only one slip will pay a fee for one slip. Docks with multiple slips will pay a fee for each slip in the dock as determined appropriate by a majority vote of the WBPOA BOD. Each slip owner is responsible for a fee for one slip.
A limited number of docks and slips are available. To be fair to those eligible and waiting access, a property title parcel owner is allowed only ONE dock, and/or ONE slip on a dock attached to WBPOA private shoreline property, regardless of how many properties he or she may own.
Multiple slip dock permits are issued to and associated with only one property parcel. If assessed, both private and Co-op dock owners may be assessed a fee for each dock slip as determined appropriate by the WBPOA BOD. Dock owners control their docks and slip usage, but WBPOA controls shoreline dock permits, which dock is granted attachment, and the access fees.
Section 5: Community Boat and trailer Storage.
The Association owned lot on the corner of Wilson and Petts is free to WBR property owners and purchasing tenants in good standing for WBPOA approved and registered trailer storage of on a first come first served basis. Contact Shoreline Management Officer or Dock Permit and Gate Key Officer for availability.
Article X - Community Rules and Regulations
Rules, Regulations and Restrictions are necessary for orderly living in a community, and are outlined below as required behavior guidelines for ALL White Branch Resort property owners, residents, guests, and visitors.
Suggestions and complaints may be submitted only by an Association member in good standing to the Public Affairs Officer in Charge, Article V, Section 2, for the community property issue involved.
Rules, regulations, and enforcements are outlined in sections below:
Section 1: Personal behavior grievances:
There are no WBPOA offices or officers for personal behavior
control, personal nuisance control, or physical animal control, and grievances
between owner residents are the responsibility of the aggrieved or offended.
Should law enforcement intervention be required, personal contact of the
Some enforcement where financial penalties are involved may be possible. In those cases where an Association member in good standing believes WBPOA By-Laws are violated and intervention for the offense such as levying a fine as a consequence may be appropriate, an offended registered property owner in good standing may request assistance from WBPOA as follows:
Offended Association member action: First, present your complaint to the offending person. If a satisfactory response is not received, present your complaint to the WBPOA Public Affairs Officer detailing your complaint. Details must include the offender’s name and address, a detailed description of the offense, physical evidence such as photos or eye witness signatures, and a statement that you presented your complaint to the offender, and his/her response. An E-mail with appropriate attachments is acceptable. Verbal non verifiable complaints are not acceptable.
WBPOA action: Offending property owners having been notified of a nuisance issue to other persons in the community by an offended registered property owner in good standing where WBPOA By-Laws are violated, and WBPOA having been subsequently notified in writing by the offended owner in good standing with proof of such continued nuisance, shall receive a notice in writing from WBPOA warning of a pending fine for the next incident, with follow up action taken to impose a fine.
Section 2: Domestic Pets:
A maximum of two properly domesticated dogs and/or cats is allowed per household. Caged small pets that don’t violate CCRs are also acceptable. Farm animals such as and including chickens, cows, hogs/pigs, sheep, and goats are not considered domestic pets. Those pets judged by the BOD to be dangerous are not permitted and subject to immediate removal at the owner’s expense. Additional or other pets must be WBPOA Board approved.
All domestic pets owned by a White Branch owner/resident, and those animals owned by visitors to owner/residents are to be confined to the owner/resident’s property unless leashed and/or accompanied by and controlled by the visitor or owner/resident. The property owner/resident is responsible for the actions, and pet fecal and/or destructive cleanup. Violators will be subject to WBPOA rules and regulations.
Verified nuisance complaints or complaints of animals that continue to run free may result in a fine. Fines, determined by the BOD, may be billed directly or added to the property owner’s annual dues and assessment billings, with applicable court costs included. Any actions necessary for legal animal removal may also be taken if the problem(s) persists.
Section 3: Construction of homes or buildings.
New construction of homes and/or new buildings in WBR is subject to approval by the Board of Directors. Should such construction occur without approval or that violates WBPOA regulations or a neighbor’s rights, and the owner does not immediately react to a letter of warning from a WBPOA Officer to correct the problem, action may be taken at the owner’s expense. Such construction is considered a property improvement and is subject to a Real Property assessment.
Outbuildings, fences, signs, vegetation or other objects that obstruct an existing or potential neighbor’s view of the lake or create an “eye sore” will NOT be permitted unless extenuating circumstances exist that are BOD approved. If such objectionable obstructions exist on property that is sold or title transferred, they must be removed, or modified as BOD approved, or be BOD approved as is.
Section 4: Ditches and culverts:
Ditch and culvert condition and maintenance are key factors in the maintenance of rock and gravel surfaced roads. No rock or gravel will be added to any road until - unless ditches and culverts are in condition to allow proper drainage and prevent wash out. It is the responsibility of the property owner to keep the ditches and culverts bordering his/her property clean and free of debris. Major problems beyond the owners control should be reported to the Road Commissioner.
No culvert under 15” minimum diameter will be installed in future ditch preparations or ditch repairs. Any newly constructed building or driveway attached to WBPOA roads must include an owner provided and WBPOA approved proper drainage ditch and a 15” in minimum diameter culvert to allow proper drainage and future road maintenance.
Original ditches and culverts must be approved by WBPOA and provided by the owner. Future culvert replacement required due to owner negligence will be at the cost of the owner. Future culvert replacement required by WBPOA not related to owner negligence, but needed to upgrade existing ditch drainage will be considered part of community property maintenance and at the cost of WBPOA.
Section 5: Maintenance of Private Property.
Property owners with property bordering WBPOA or other privately owned property that elect to mow and otherwise maintain the adjoining WBPOA or other private property with or without the owner’s permission do so as volunteers, and gain no claim to the property based on their voluntary maintenance actions.
Unsightly or unsafe conditions that may be a detriment is in violation of WBPOA regulations:
Property owners must keep their property, buildings, and land in a safe and clean condition. All lots, vacant or occupied, are to be kept mowed and free of debris, trash, and weeds, including the ditches and culverts. Conditions determined by WBPOA to be a potential public health hazard will be reported to the Benton County Health Dept for action. If determined to be unsightly, but not necessarily a health hazard, violators will receive a warning letter giving 30 days to take acceptable action towards completion of cleanup and/or repairs. If there is no acceptable action from the owner, clean up action may be taken by WBPOA and that cost added to the owner(s) annual assessment, and/or a fine and/or lien filed against the property.
Section 6: No Burning on White Branch Common Grounds, Roads or in ditches.
No burning of leaves, shrubbery, or bon fires is permitted in unauthorized areas on WBPOA property or common grounds. Absolutely no fires are allowed on the roadways or in ditches. Fires could keep residents or emergency vehicles from getting to their destination, and burning of leaves and other debris could clog ditches and culverts and contribute to wash out of roads.
Section 7: Yard Signs:
There shall be no
visible signs in yards or on buildings for the advertisement of a commercial
business. Small unobtrusive signs such as “Real estate”, “For
Section 8: Storing or Parking of Travel trailers, RV’s, and Boats:
Travel trailers, RV’s, and Boats may be stored or parked on the owner’s lot(s) if not a nuisance to neighboring property owners and are not used as a permanent residence. Visiting temporary residents such as Guest trailers and RVs, may occupy a space for a period of two weeks, but such use beyond that time period will require a written permit from the Board of Directors Public Affairs Officer. Property owners in violation will be warned by letter giving 7 days to obtain BOD approval. Failure to comply may result in removal and impoundment of the vehicle(s) for violation of these By-Laws and/or as a nuisance issue at cost of the property owner. No boats, trailers, or vehicles of any kind may be parked on roadways or on park areas at any time without WBPOA approval, and are subject to removal at the owner’s expense.
Section 9: Recreational Vehicle Use.
The use of golf carts, four wheelers and motorcycles is
permitted, but restricted to use on roadways and easements, not permitted on
WBPOA private grounds, and subject to operation and safety guidelines to
provide for the safety of children and adult residents and to prevent damage to
roads and community property. Operating restrictions will be enforced by the
law officials of
Section 10: Speed Limit.
The speed limit in the White Branch Subdivision for all
motorized vehicles is posted . All operators must obey the speed limit and are
subject to enforcement by the law officials of
Section 11: Use of Shelter Houses and park areas:
Only registered WBR property owners and approved “Purchasing
Tenants” that are Association members in good standing and their chaperoned
guests may use the shelter houses and parks. Park areas are closed each night
as posted unless reserved for Friday, Saturday or a
Only registered WBR property owners that are Association members in good standing and approved “Purchasing Tenants” in good standing may be approved for a reservation. A deposit amount as set by the BOD, to be refunded when the area is clean and back to acceptable condition, is required for each reservation. Any unauthorized use of this area is prohibited, and violation is subject to Benton County Sheriff’s Dept and WBPOA enforcement. No unauthorized access or noise is permitted after posted or assigned closing times. Contact the Shoreline and Park Area Management Officer to make a reservation.
Section 12: Fireworks:
Fireworks use is discouraged, and permitted on WBPOA designated property or common grounds only if approved and supervised by WBPOA. Registered WBR property owners that are Association members in good standing may contact the Public Affairs Officer for approval.
Section 13: Accidents, injuries or damage to property:
Neither WBPOA nor its members are liable for any accidents, injuries, or property damages incurred while on or during the use of WBPOA private or common grounds property.
Section 14: Possession, Use, or Distribution of illegal Drugs:
Possession, Use, and/or Distribution of illegal Drugs in WBR community limits is forbidden and verification will result in prosecution and eviction of offenders.
Section 15: Possession and Use of fire arms:
Unauthorized Possession of firearms on WBPOA private or WBR Common Grounds, and/or Live round discharge of fire arms within WBR community limits for other than private property invasion or life threatening protection is prohibited. Any incident will be reported to the BC Sheriff for action.
Article XI – Amendments
Amendment originals will be attached to the original By-Laws on file at the Benton County, MO Court House. Official Copies will be made available for bulletin board and Web-Site postings.
Amendments to By-Laws:
These By-Laws may be amended, modified, or replaced by action of a motion and majority vote of the Board of Directors. No time constraints apply.
Amendments to DCCRs:
Amendments to DCCRs are controlled by and under time constraints of the DCCRs in place.
Article XII: Corporate Seal
A seal for the WBPOA Corporation is at the discretion of the BOD, and if used, shall be in the form of a circle, and shall have inscribed there on the name “White Branch Property Owners Association”, and “Not for Profit Corporation”. The form of the seal of the Corporation may be changed as required by resolution of the Board of Directors.
President - Randy Wyatt
Vice President - Steve Sanderson
Secretary - Shawn Knight
Treasurer - Melanie Allwood
Active Board Members (in alphabetical order):
Evelyn Cureton
Jack Donnelly
Scott Hoskins
Doug Knight
John Walker