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"Bylaws"
ARTICLE I. IDENTITY:
These are the Bylaws, as duly made and adopted pursuant to the provisions of Chapter 36B, Article 3, of the West Virginia Code, for Land of Canaan Home Owners Association, Inc., a condominium.
(1) The membership of the Association shall consist of all owners of Unit Weeks in Land of Canaan Vacation Resort, a condominium, who has a deed in their possession.
(2) The office of the Association shall be located at a place within the Condominium property.
(3) The fiscal year of the Association shall be from July 1 to June 30.
ARTICLE II. ASSOCIATION MEETINGS:
(1) The Annual Association Meeting shall be held on a Saturday in June of each year for the purpose of electing Board Members and/or transacting any other business authorized to be transacted by the Association.
(2) Special meetings of the Association may be called by the President, a majority of the Executive Board, or by Unit Week Owners having twenty percent, or any lower percentage specified in the bylaws, of votes in the Association.
(3) Notice of all Association meetings stating the time and place and the objects for which the meeting is called shall be given by the President or Secretary. Such notice shall be in writing to each Unit Week Owner at his address as it appears on the books of the Association and shall be mailed not less than ten (10) days nor more than sixty (60) days prior to the date of the meeting. Proof of such mailings shall be given by the affidavit of the person giving notice. Notice of meeting may be waived before or after the meeting.
(4) A quorum shall be deemed present at the Association Meetings if one or more Unit Week Owners from a majority of the units in the Condominium are present in person or by proxy at the beginning of the meeting.
(5) The Unit Week Owners of each Unit/Week shall have one vote at Association meetings. The vote allocated to each Unit/Week shall be cast in accordance with the majority vote of the Unit Week Owners of the Units present or represented by proxy at the meeting. Home Owner's current year's fees must be paid before the Annual Meeting or the right to vote will be denied. The records of the Association shall be presumed correct regarding who has paid. Written ballots on any issue presented and voted upon by the homeowners of LOCHOA, INC., at the annual meeting, shall be kept for a period of ninety (90) days. These written ballots shall be sealed by the Treasurer at the close of the meeting and kept in the safe at the Association office. These sealed ballots shall be opened, only in the presence of a majority of the Board, by the Treasurer of the Association.
(6) Unit Week Owner's votes may be cast in person or by proxy. A proxy shall be valid for one year after its date, unless it specifies a shorter term or is revoked by the Unit Week Owner by giving actual notice of revocation to the person presiding over the meeting. Proxies must be filed with the Secretary before the appointed time of the meeting.
(7) If any Association meeting cannot be organized because a quorum has not attended, the Unit Week Owners who are present, either in person or by proxy, may adjourn the meeting from time to time or sine die.
(8) The order of business at Annual Association Meetings and as far as practicable at all other Association meetings, shall be:
(a) Calling of the roll and certifying of proxies.
(b) Proof of notice of meeting or waiver of notice.
(c) Reading and disposal of any unapproved minutes.
(d) Report of officers.
(e) Reports of Committees.
(f) Unfinished Business.
(g) New Business.
(h) Election of Board Members.
(i) For Good of the Organization.
(j) Adjournment.
(9) One copy of the previous year's audit shall be available for each unit represented at the Annual Meeting.
(10) Attendance at business meetings of the Land of Canaan Home Owners Association, Inc., is restricted to home owners and employees of The Land of Canaan Home Owners Association, Inc.
(11) Unit Week Owners, by majority of the votes cast in accordance with paragraph II of these bylaws, may reject any budget or capital expenditure approved submitted by the Board of Directors within thirty (30) days after its approval. Within thirty days after adoption of any proposed budget for the common interest community, the Executive Board shall provide a summary for the budget to all the unit owners, and shall set a date for a meeting of the unit owners to consider ratification of the budget not less than fourteen nor more than thirty days after the mailing of the summary. Unless at the meeting a majority of all unit owners or any larger vote specified in the declaration reject the budget, the budget is ratified, whether or not a quorum is present. In the event the proposed budget is rejected, the periodic budget last ratified by the unit owners must be continued until such time as the unit owners ratify a subsequent budget proposed by the Executive Board.
ARTICLE III. POWER AND DUTIES OF THE ASSOCIATION:
The Association shall have all of the powers and duties set forth in the Declaration, these Bylaws and Chapter 36B of the West Virginia Code including but not limited to the following:
(1) To repair, maintain, repaint, remodel, furnish, or refurnish a Unit or any part thereof; to establish reserves for anticipated costs, including the acquisition and replacement of furnishings; and to inquire and pay for materials, supplies, furniture, furnishings, labor, or services which the Association deems necessary or proper for the maintenance and operation of the Unit.
(2) To pay all taxes and assessments and other costs or charges affecting or relating to the Units; and to discharge, contest, or protest liens or charges affecting the Units.
(3) To obtain and pay the cost of utility services for the Units.
(4) To obtain and pay the cost of legal and accounting services necessary or proper in the maintenance and operation of the Units and enforcement of this Declaration.
(5) To obtain and pay the cost of hazard and liability insurance covering the Units.
(6) To do all acts or things necessary or appropriate to the ordinary and necessary operation and maintenance of the Units or to preserve and protect the Units in the event of any emergency.
(7) To delegate the authority and responsibilities of the Association here under to a qualified professional manager or professional management firm for such periods and upon such terms as the Association deems proper.
(8) To collect from each Unit Week Owner an assessment; to determine a budget; to enforce the payment of the assessment and to take proper steps to enforce any Unit Week Owner's obligation hereunder; and to set and collect such fees as may from time to time be required; and to take proper legal action.
(9) To enter into agreements with organizations providing exchange services between Owners of Unit Weeks and Owners of time periods in other resorts and collect any necessary fees resulting from same.
(10) To adopt and amend the Bylaws and Rules and Regulations.
(11) To provide bonding for all employees who collect, dispense, or handle moneys of this Association.
ARTICLE IV. BOARD OF DIRECTORS:
(1) The Board of Directors shall consist of six (6) persons, each a member of the Association.
(2) Election of the Board of Directors shall be conducted in the following manner:
a. Members of the Board of Directors shall be elected by a plurality of the votes cast at the Annual Meeting of the Association, two members each year for staggered three-year terms.
b. Vacancies in the Board of Directors may be filled by the remaining Board Members until the date of the next Annual Meeting of the Association.
(3) The terms of service of each member of the Board of Directors shall be three years.
(4) The Board of Directors shall meet quarterly in March, June, September, and December unless another time is chosen by the Board.
(5) Special meetings of the Board of Directors or of the Executive Committee shall be held when called by the President of the Association or by any two Board Members after not less than three (3) days notice to each Board or Committee member.
(6) A Board Member may be removed for good cause by vote of the Association or two-thirds vote of the Board Members.
(7) The Board of Directors may exercise all powers granted to the Association by the Declaration, the Bylaws, and Chapter 36B of the West Virginia Code, with the following exceptions:
a. The Board of Directors may not amend the Declaration the Bylaws.
b. The Board of Directors may not terminate the Condominium.
c. The Board of Directors may not elect members of the Board or determine the qualifications, powers and duties or terms of office of Board Members.
d. The Board of Directors shall establish policy regarding management and operation of the Associations property.
(8) The Executive Committee shall consist of three (3) persons who shall be members of the Board, namely the President, Secretary, and Treasurer.
(9) Regular meetings of the Executive Committee shall be held monthly without notice, at such place and hour as may be fixed from time to time by resolution of the Committee.
(10) A majority of the Board of Directors and/or the Executive Committee shall constitute a quorum for the transaction of business. Every act or decision done or made by a majority of the Executive Committee present at a duly held meeting at which a quorum is present shall be regarded as the act of the Board of Directors.
(11) The Executive Committee shall have the right to take any action in the absence of a meeting which they could take at a meeting by obtaining the written approval of all the Executive Committee members.
(12) The Board of Directors shall determine compensation for attendance at Executive Committee meetings.
(13) Any owner running for the position of the Board of Director, can not be employed by Land of Canaan Vacation Resort, Inc., the developer, or other agencies which could cause a conflict of interest in the performance of duties with the Association.
ARTICLE V. OFFICERS
(1) The officers of the Association shall be a President, a Secretary, and a Treasurer, all of whom shall be elected annually by the Board.
(2) The President shall be the Chief Officer of the Association and shall preside over meetings of the Association and the Board. The President shall have all of the powers and duties which are usually vested in the office of President of an Association, including but not limited to the power of appointing committees.
(3) The Secretary shall keep the minutes of the proceedings of the Board and the Association. The Secretary shall prepare, execute and record amendments to the Declaration on behalf of the Association. The Secretary shall attend to the giving and serving of all notices required by law. The Secretary shall keep the records of the Association except those of the Treasurer and shall perform all other duties incident to the office of the secretary of an association and as may be required by the Board or the President.
(4) The Treasurer shall have custody of all property of the Association, including funds, securities, and evidences of indebtedness. The Treasurer shall keep the assessment rolls and accounts of the Unit Week Owners and the books of the Association available for examination by the Unit Week Owners during regular business hours, and perform all other duties incident to the office of Treasurer.
ARTICLE VI. AMENDMENTS:
(1) Amendments to the Bylaws may be proposed by any Unit Week Owner.
(2) Notice of the subject matter of a proposed amendment shall be included in the notice of any meeting of the Association at which a proposed amendment in considered.
(3) A resolution adopting a proposed amendment must be approved by a majority of the votes cast pursuant to Paragraph II of the Bylaws.
(4) These Bylaws shall be amended, if necessary, to make them consistent with the provision of the Declaration and Chapter 36B of the West Virginia Code.
ARTICLE VII. PARLIAMENTARY RULES:
Robert Rules of Order (latest edition) shall govern the conduct of the Association when not in conflict with the Bylaws or with the statutes of the State of West Virginia.
ARTICLE VIII. SEVERABILITY:
If any provision of these Bylaws is held to be invalid or void by any court of competent jurisdiction, the remaining provisions shall nonetheless remain valid and in full force and effect.
RULES AND REGULATIONS FOR LAND OF CANAAN HOME OWNERS ASSOCIATION, INC.
ARTICLE I. IDENTITY:
These are the Rules and Regulations as duly made and adopted, by Land of Canaan Home Owners Association, Inc., to regulate use of the Units by Unit Week Owners and to help insure to each of them a carefree vacation each year at Land of Canaan Vacation Resort, a Condominium.
ARTICLE II. CONTENTS AND FURNISHINGS:
Each Unit has been completely furnished and decorated for the Unit Week Owners' convenience and enjoyment. No additional furnishings may be added by Unit Week Owners.
ARTICLE III. INVENTORY OF UNIT:
A complete inventory of furnishings will be given out at check in. Upon checking in, each Unit Week Owner should check to make sure that everything is there and functioning properly. Anything missing or not functioning properly should be reported to the office.
ARTICLE IV. DAMAGE OR MALFUNCTION:
Any damage, loss, or malfunction incurred during any Unit Week should be reported to the office to allow sufficient lead time for replacement or repair. Repair or replacement occasioned by specific abuse or negligence of a Unit Week Owner, his family, lessees, invitees, and guests shall be assessed against the Unit Week Owner.
ARTICLE V. CHECK-IN PROCEDURE:
Each Unit Week Owner (or other person using the Unit) should check in at the office after 4:00 P.M. on Saturday. A security deposit, to be set by the Board of Directors, shall be made at check in.
ARTICLE VI. CHECK-OUT PROCEDURE:
Check-out must be prior to 10:00 A.M. on the Saturday upon which the Unit Week ends. The full security deposit will be refunded by mail within fourteen days, if there are no damages.
ARTICLE VII. NUISANCES:
No offensively loud or annoying activity is permitted at any time. Children should be made aware at all times of their responsibility to be considerate of others. Repetition or continuance of such activity could be grounds for eviction.
ARTICLE VIII. TELEPHONE:
Charges for all long distance calls should be reversed. Any long distance calls to the room shall be assessed against the Unit Week Owner in the amount of $10.00 per call plus phone company charges.
ARTICLE IX. PETS:
Pets are prohibited. A fine of up to $250.00 will be imposed, as set by the Board of Directors, for having a pet in the Unit and you must make other arrangements for keeping the pet. Guide dogs are allowed, but the office must be notified before occupancy.
ARTICLE X. HOUSEKEEPING:
The Association provides housekeeping service on Saturday, before the beginning of each Unit Week. Unit Week Owners are asked to cooperate in keeping the annual assessment at a minimum by keeping the Unit and its furnishings clean.
ARTICLE XI. ALTERATIONS:
No alterations, projections, or changes to the internal or external surfaces of the Unit shall be made by any Unit Week Owner or the occupant. No signs, advertisements, notices, or other unauthorized lettering shall be exhibited or affixed to any Unit. No sidewalk or road or other Common Area shall be obstructed or encumbered or used for any purpose other than the traffic flow for which it is intended. Each Unit Week Owner should keep his Unit looking attractive from the outside, including the decks. No television or radio antennas may be installed by Unit Week Owners. No Unit Week Owner shall keep anything in his Unit which could increase the rate of insurance or which might annoy other Unit Week Owners.
ARTICLE XII. PARKING:
Each unit week owner is provided with two parking spaces per Unit. Large trucks, campers, motor homes, and mobile homes must park in designated areas. An electrical hook-up is provided for a small fee for anyone with a motor home or mobile home. However, the electrical hook-up is provided only as a convenience, and the mobile home or motor home may not be lived in while on the property.
ARTICLE XIII. OCCUPANCY:
Occupancy is restricted to six persons.
ARTICLE XIV. VIOLATIONS OF RULES AND REGULATIONS:
Any violations of these Rules and Regulations should be promptly reported to the office, so that corrective action may be taken.
ARTICLE XV. COMPLIANCE WITH THE LAW
The Board of Directors shall comply with county, state, and federal laws.
Every effort is made to make sure this site is correct. Please contact Land of Canaan Home Owners Association, Inc., at HC 70 Box 290, Davis, WV 26260-9711 or call (304) 866-4788 for an original copy of the bylaws.
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