Section 1. Annual Dues
a. Except for membership governed by Section 1b below, the amount of the regular yearly membership dues of the association shall be $25.00 per lot owners’ association lot and $35.00 for each acre of unsubdivided property.
b. As a condition of the granting of lake rights and membership status to new subdivisions pursuant to ARTICLE XI, Section 1, a structure of dues and membership benefits may be established as part of an agreement between any new subdivision and the MPOA, provided that the dues paid by Section 1b members shall at no time be less than the dues paid by Section 1a members, nor shall the membership benefits available to Section 1b members exceed those available to Section 1a members.
c. The annual dues will be apportioned in such a manner as to cover the budgeted expenses of the dam and lake fund; general operating fund, mosquito abatement fund, lake renewal fund, contingencies and any additional budgeted expenses approved through the annual budget process outlined in Article V, Section 2.
Section 2. Bills shall be mailed to the subdivisions and to the owners of the unsubdivided properties beginning not later than March 1, 1995 and annually thereafter. Accounts shall not be considered delinquent until three months after billing. In computing the number of lots for the purpose of assessing dues, lots, beaches, and parks owned by the Lot Owners Associations, religious organizations and tax supported public bodies shall be exempt. The M.P.O.A. may increase or decrease dues as provided in Article XII, Section 1., but no increase or decrease shall be valid unless applied to both lots and unsubdivided acreage proportionally.
Section 3. All dues shall be paid to the Secretary of the M.P.O.A.
Section 4. A subdivision or unsubdivided property delinquent in the payment of dues as provided in Section 2 of this article shall not be entitled to vote and shall be so informed of the suspension in writing. The subdivision or unsubdivided property in arrears may, however, regain its original standing by the full and complete payment of all delinquent dues.
Section 5. All monies remaining delinquent shall be charged as a claim of lien against the sub-division or unsubdivided property which is in arrears, and it shall be the duty of the Treasurer and Secretary to institute such legal proceedings as will effectively protect said claim or lien of the M.P.O.A. against the subdivision or unsubdivided property and insure the collection of the delinquent dues. Any and all costs incurred in preparing and filing such claims or liens shall be added to the sum total of the dues and paid by the assessed before reinstatement.
Section 6. As a condition of membership in the M.P.O.A, any new subdivision and each present member subdivision within one year from the passage of these amended by-laws shall submit evidence to the M.P.O.A.:
1. That the subdivision is authorized pursuant to its by-laws to take legal action against any of the individual property owners, including the filing of a lien and/or small claims suit on the property, to enforce the collection of delinquent dues owed to the M.P.O.A.;
2. That the subdivision will enforce its rights to collect such delinquent dues for the benefit of the M.P.O.A.; or
3. That, in the alternative, the subdivision will pay the M.P.O.A. any and all delinquent dues of its members.
ARTICLE XI GENERAL (Revised 2/8/06)
LAKE RIGHTS, REGULATIONS FOR LAKE USE, AND ISSUANCE OF FUTURE REGULATIONS Section 1. LAKE RIGHTS.
A. Lake rights may be granted by the M.P.O.A. provided that the individual or entity requesting such a grant shall, at a minimum, document to the satisfaction of the M.P.O.A. that the property for which lake rights is requested shows a clear and certain means of access to the lake.
B. Before lake rights can be granted or any real property belonging to the M.P.O.A. conveyed or otherwise disposed of or dedicated to the public, a Convention of Delegates must approve the proposed action by a 2/3 majority vote of the assembly.
Section 2. REGULATIONS FOR LAKE USE.
A. Hunting and Shooting. No person shall be permitted to hunt or shoot on the waters of Wonder Lake, or on the property owned by the M.P.O.A., unless he or she has obtained a permit from the M.P.O.A. Conservation Commission, or is accompanied by a person who has a permit. The permit may be issued only to a person who has lake rights. The applicant must agree in writing to:
1) Comply with all State and Federal regulations as well as all flowage agreements.
2) Indemnify, hold harmless, and defend the M.P.O.A. and the owners of land overflowed by waters of Wonder Lake, as evidenced by a copy of the certificate of insurance showing such coverage.
3) The holder of the permit shall be responsible for the acts of his/her guests or his/her family who may accompany him/her.
4) In the event a person fails to comply with any of the above regulations, the permit shall be revoked.
B. Duck Blinds. No person shall be permitted to build a duck blind on the waters of Wonder Lake, unless he or she has obtained a permit from the M.P.O.A. Conservation Commission. The permit may be issued only to a person who has lake rights. The applicant must agree in writing to:
1) Comply with all State, Federal and applicable local regulations as well as all flowage agreements.
2) Remove or cause to be removed all floating duck blinds within two weeks after the close of the duck hunting season.
3) Indemnify, hold harmless, and defend the M.P.O.A. and the owners of land overflowed by the waters of Wonder Lake as evidenced by a copy of the certificate of insurance showing such coverage.
4) The holder of the permit shall be responsible for the acts of his/her guests or his/her family who may use the blind.
5) In the event a person fails to comply with the above regulations, the permit shall be revoked.
C. Registration Decals. The following regulations apply to the issuance of decals and to those persons receiving decals.
1) M.P.O.A. registration decals are issued annually and are required to be affixed to all vehicles placed on and used in the waters of Wonder Lake, irrespective of size or propulsion.
2) Registration decals may be obtained at the M.P.O.A. office or by mail. (Revised 9/10/03.)
3) The M.P.O.A. decal shall be placed on the right (starboard) side of the vehicle windshield. If there is no windshield, the decal shall be affixed on the right (starboard) side of the hull, but not next to or near the Illinois Registration numbers or State sticker.
4) M.P.O.A. recreational Guest decals may be issued by member subdivisions and unsubdivided property owners to members of their respective subdivision or to owners of their respective unsubdivided property, who expect their guests to temporarily place a recreational vehicle on the waters of Wonder Lake for a period not to exceed 72 consecutive hours. (Revised 9/13/95.) Members who are issued a Guest decal shall be responsible for the acts of their guest.
5) All subdivisions and owners of unsubdivided property are required to provide the M.P.O.A. office with an annual report by November 1st of each year, of the recreational Guest decals issued. (Revised 9/10/03.)
D. Use of Aircraft. The use of aircraft in and on Wonder Lake is prohibited except in case of proven emergency as authorized by the M.P.O.A. through its Directors.
The landing, take off and mooring of aircraft on Wonder Lake in violation of the prohibition shall subject the owner/operator to a fine of $1,000.00 for each separate offense, to be construed as each unpermitted use of the seaplane and each day the seaplane is moored in violation of the prohibition except where the M.P.O.A. through its Directors has authorized the emergency use and mooring of the seaplane. The determination that a violation has occurred shall be made by the Directors.
Article XI, Section 2D added by amendment as per vote of the Delegates at a Special Convention 4-24-02.
Section 3. AUTHORITY TO ISSUE FUTURE REGULATIONS.
From and after the date of the Amendment to the By-laws dated February 8, 2006, the Directors are hereby authorized to promulgate additional regulations governing the use and enjoyment of the lake by its permitted users, as well as penalties for the violation thereof, provided that any such regulations and penaltiesshall be valid only upon the vote of a two-thirds (2/3) majority of Directors present at a special meeting called for such purpose, or at a regular meeting of Directors. Furthermore, no vote on new regulations may be taken unless and until notice of any intended vote on a proposed regulation, along with a copy of the meeting agenda, shall have been served in accordance with the procedures applicable to notice of meetings set forth in Article IX, Section 3 of these By-Laws, nor will any new regulations approved by the requisite vote of the Directors become effective until fourteen (14) days following the date such regulations in their approved form are served in accordance with the said procedures for service of notice. The Directors shall maintain a current written list of all regulations and their penalties, which list shall be available for inspection and copying in the office of the MPOA.
Section 4. PENALTIES.
Except for the violation described in Section 2D above, persons found to be in violation of any regulations set forth in this Article XI or issued by the Directors pursuant to Section 3 are subject to fines established by the Directors consistent with the specific regulations adopted by the Directors in accordance with Section 3 above, provided that the Directors shall set a minimum and maximum penalty for the violation of each regulation. Each day of a continuing violation shall be deemed a separate offense. The Directors shall establish written procedures available to members for notifying any lake users of violations they have committed and of the penalties associated with such violations. The Directors shall have the authority to waive or reduce the amount of any penalties assessed against a lake user who has violated an MPOA regulation when compliance has been prompt, or when a reasonable explanation for the alleged violation has been presented to the Directors.
ARTICLE XII BY-LAW AMENDMENTS
Section 1. These By-Laws may be amended at any regular or special Delegates' Convention by a two-thirds (2/3) majority vote of the assembly.
Section 2. The Secretary shall mail copies of the proposed By-Law amendments to all delegates, subdivision secretaries and owners of unsubdivided property. Such notification shall be postmarked no later than twenty (20) days prior to the convention at which the amendment(s) will be considered. (Revised 9/11/96)
ARTICLE XIII LEGAL SERVICES
If at any time the officers determine that it is necessary to employ professional legal services to enforce any of the provisions of these By-Laws, the Member against whom any such action is necessary shall be held liable for payment of all attorney's fees, as well as any damages, M.P.O.A. late charges, liens,and court costs.
All other rights and powers of the Corporation and of its Officers and Directors shall be governed by the Illinois Statute known as the "General Not for Profit Corporation Act" (805 ILCS 105/101.01 et seq) effective January 1, 1987 and any revision thereof or amendments thereto.
The Temporary Constitution and By-Laws previously adopted on October 3, 1965 are hereby repealed.
The prior By-Laws adopted and became effective on January 30, 1966 with amendments added May 6, 1966 and July 15, 1966, and ratified unanimously at first Convention of Delegates on August 28, 1966, and updated as of January 31, 1981, September 14, 1994, September 13,1995, September 11, 1996, September 13, 2000, April 24, 2002, September 10, 2003, and February 8, 2006.
Roberts Rules of Order shall apply in all instances where these By-Laws do not specifically apply.