Selected Board Actions

Overlook

No Unit owner is authorized to provide or grant easements or access to the lake to any non-Unit owner for the purpose of launching boats or for any other purpose barred by the Bylaws. (See Bylaws, Article VI, B, Section 15.) (Board Meeting, July 7, 1996; Board Meeting, October 26, 1996.)

The President shall serve as the sole liaison with the Association's contractors for lawn and grounds maintenance and snow removal for the common areas of the Association. No other member shall be permitted to give instructions to such contractors. Unit owners should call the President with any suggestions or comments about common element landscaping or maintenance. Members will be charged individually for workdone on individual instructions. (Board Meeting, July 7, 1996; Annual Meeting, May 23, 1998; Board Meeting, April 10, 1999.)

All unbuilt lots are to be mowed as required by the City of Charlevoix weed ordinance. (Board Meeting, July 4, 1997.)

Mooring of boats in the Association's riparian area may continue but no rights or expectations of future mooring are established by such mooring, and the Association's permission to moor boats may be withdrawn at any time, with or without notice, and without recourse against the Association. (Board Meeting, December29, 1997; Annual Meeting, May 27, 2000)

There is no parking permitted at the beach lot. Unbuilt lot owners using the dock or beach should be parking on their lots, not the beach. (Board Meeting, January 28, 1999.)

The Board will enforce the terms of the Master Deed and the Bylaws to the effect that homes are to be used only as single-family residences, that any leasing or rental must be for a minimum of six months, and that units are not to be used as commercial outlets. (Board Meeting, January 28, 1999.)

Unapproved improvements such as permanent snow poles or driveway chains are not permitted, but unit may take reasonable temporary steps to deal with nearby construction. (Board Meeting, September 21, 1999.)

The total membership must abide by the Bylaws, and the Board is directed to enforce the Bylaws as they exist or may be amended. The most common violations are changes to an approved landscape plan. (Annual Meeting, May 26, 2001; Board Meeting, April 27, 2002.)

As of December, 2007, the Board of Directors approved an increase in the penalty for late remittance of operating assessment of $100 per month and 6% of the base assessment. This was due to the large amount of wasted time that the treasurer spent collecting the bad debts and dealing with the attorneys. The vast majorityof Association members paid on time, but the small number of delinquent owners consumed undue time and attention. (December, 2007)

The following went into effect on August 13, 2010:

The Board, having become aware of instances of transient vacation rentals not submitted to or approved by the Board pursuant to Article VI B, Section 20 of the Bylaws, having concluded that the presence of transient vacation renters in the Association is contrary to the best interests of the Co-owners as a whole and the primary reason for the inclusion of Article VI B, Section 20 in the original Bylaws, and having determined that the fines set forth in Article XX, Section 3, are an insufficient deterrent to violations of Article VI B, Section 20, therefore resolves as follows:

1.The Board disapproves of transient vacation rentals in the C&O Club. Members should not expect approval even if it is sought.

2.Pursuant to Article XX, Section 3, the following fines will become effective for violations of Article VI B, Section 20 immediately upon the giving of prior notice to the Co-owners and recording of resolution in the Charlevoix County Records:

(a) First Violation. The lesser of (a) $1,000 or (b) the gross rent charged (whether or not received by the Co-owner) for the rental constituting the violation, provided that the Co-owner can demonstrate such amount by written evidence reasonably satisfactory to the Board.

(b) Second Violation. The lesser of (a) $2,000 or (b) the gross rent charged (whether or not received by the Co-owner) for the rental constituting the violation, provided that the Co-owner can demonstrate such amount by written evidence reasonably satisfactory to the Board.

(c) Third Violation. The lesser of (a) $4,000 or (b) the gross rent charged (whether or not received by the Co-owner) for the rental constituting the violation, provided that the Co-owner can demonstrate such amount by written evidence reasonably satisfactory to the Board.

(d) Fourth and Subsequent Violations. The lesser of (a) $6,000 or (b) the gross rent charged (whether or not received by the Co-owner) for the rental constituting the violation, provided that the Co-owner can demonstrate such amount by written evidence reasonably satisfactory to the Board.

The Board adopted the following resolution on April 20, 2013:

RESOLVED, the following changes for payment of Annual Assessments under Article II, Section 3 Apportionment of Assessments and Penalty for Default.

It has been established that the payment of the Annual Assessment for Unit owners is in the form of a lump sum at the beginning of the year. The C&O Board of Directors has agreed to establish a fee for members who request a quarterly payment schedule instead of the one-time annual payment.

A penalty fee of $25 per quarter or $100 a year will be assessed to any unit that requests to have a quarterly payment option, starting January 1, 2014.

This rule is subject to change at the discretion of the Board of Director

Jeffrey Lipshaw 2013