/ 1-2005-007910 Book 1670 Pg 359

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Fee: $ 35.00 Do $ 0.00
Carol Fortner - Delwae Cou Cle
Slale of Oklahoma

AMENDED AND RESTATED

BY -LAWS OF
LAKEMONT SHORES PROPERTY
OWNERS ASSOCIATION

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Dated this J ;"i. , of July 2005.

 1-2005-007910 Book 1670 Pg: 360
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ARTICLE I Fee: $ 35.00 Doc: S 0.00
Definitions Carol Fortner - Delawre County Clerk
State of Oklhoma

S-=ctIoii j.
"Association" shall mean and refer to the LAKMONT SHORES PROPERTY OWNRS
ASSOCIATION, INC., a nonprofit
COrporaon organzed and existig under the laws of
of Oklahoma. the State

Stctjnl1 2.

"Declaration" shall mea and referto the Declaration of

Covenats and ResctIons recorded
by (he Southwest Investent Company in the offce of the County Clerk for Delaware County,
Oklahoma and any amendments thereto, and any other Declaron of
Covenants and Restrctions
gciverning the Properties which make up Lakemont Shores development.

Section 3.
· 'The Properties'; shal mea and refer to the real estte decribed in the Declaration and such
additions thereto as may hereafer be brought within the junsdicton of

in the Declaration. the Association as provided

Section 4.
"CorninonPropertes" shall mean
and refer to those areas and to anyimprovemenidesignated
as Common Properties and
intended to be devoted to the common use and enjoyment of owners of
thc- Pmperties, and which are conveyed to the Association for such use.

Section 5.
"Lot" shall be the numbered lots or numbered and lettered lots in the munbered blocks as
shown on the recorded subdivision plat of propertes.

StcrÎo¡¡ 6.
"Living Unit" shal mean and refer to any portion of a buiding situated upon the Properties
designed and intended for use and occupancy as a residence by
a single famy.
ARTICLE II
Location
Section 1.
PRINCIPAL OFFICE. The principal offce of the Association shal be located at the
Lakemont Shores Propert Owners Association, Inc. Clubhouse, 7 miles ea of
Disney on Highway
28 and :/4 mile Nort_ The mailng address shall be Post Offce Box 376, Disney, Oklahoma 74340.

Page 2
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ARTICLE III Carol Fortner - Delaware Couny CIerI(
Membership Slate of Oklho
:';ec¡ion 1.
CHARTER MEMBERSHIP. All iíghts,..protections,. provisions, privileges, exclusions
plO\ 'ickd in the Lakemont Shores i;r9pert G,wn~s.AssQciatíonArcles ofIncorporation, Aricle iv,
S¡:cÜon 1, as amended April i 9, 1985 are incorporated herein.

Section 2.
..' :,_, "",,.-,. - - ,- - .'the -l .
Association
REGULAR MEMBERSHIP. Everv.owner of a Lot shal be a Member of

so long as said Lot iSSiibject (by covenants of recrd) to being assessed by the Association.

SecTion 3.
LIEN - The obligation of the assessments which are imposed against a parcular Lot or
Living Unit become a lien upon the propert agait which such assessments ar made and are also
a personal obligation of the owner of such Lot or Living Uiút.

Section 4.
SUSPENSION. The votig rights and access to the Common Propertes of a member shall
be \VÜhlield and suspended when said member is deliquent in an amount in excess of$lOO on any
a.:coum with Association, including any account for dues, assessments or bils. Upon ful payment
of such assessments, membersp rights and privileges sha be automaticaly restored. If the
direciors have adopted any published rues and reguatons governg tht use of the Common
ProperrIes a.Tld facilties and the
persna conduc of any
peon
thereon is in violation of those rules
~i!d ï\.gulaiions, the directors may, in their discretion, suspend the rights of any such person for a
p.:ríod noi to è':\ceed thirty (30) days.

Section 5.
VOTING. Member (i.e. th owner of any Lot) shall be entitled to one vote (except as
restricted by provisions (A) and (B) herein):

(A) When more th one persn own any Lot, the vote of such Lot shall ~ exercised
as thc\' among themselves determine; but in no event shal more than one vote be cast with respect
to any such Lot; and

(B) In the event any person or legal entity shal own, of record, a fee or undivided fee,
imercsc, In t\VO (2) or more Lots, any such person or entity that holds such interest, shal be limited
10 one (1) vote.

Page 3
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Carol Fortrier - Delaware Couriiy Clerk
ARTICLE iv Stale of Oklahoma
Propert Rights and Rights of
Enjoym~nt of The Common Propert

Section 1. the
COMMON PROPERTIES. Each member shall be entitled to the use and enjoyment of

Common Properties and facilities as provided in the Declaration and Covenants and Restrictions
app!!cable 1: the Propertes and these By-laws.

Seciion 2.
RULES. The directors shall make such rues from tie to tie as shall be appropnate
Members and their guest.
rdati vc to the use of the Common Properties and facilties by

ARTICLE V
Association Purposes and Powers
.

Seciion 1.
been organzed to promote the heath, safety and welfare
of the r~sidenis and commercial owners with the Propertes. To accomplish these goals the
(,--, PURPOSES. The Associaton ha

\ .-ss\.)('ÍalÍon shall have al powers and privileges available to corprations under the Oklahoma
rights generally exercised and possessed by homeownets asociations. Th Association shall also
pOSSè'S$ all powers and pnvileges expressed in the Declarations of Covenants and Restrictions
.. "tfcc1.í11g. the various Properties. Insofar as permitted by law, the Association shall have the power
Directors,
) Cjenc:rai Corporation Act or any other applicable act or statute, will promote
includig the common
gei;erally, bene1i
the powers andt
h) do ;¡l yother thing that, in the opinion of the Board of

the residents and commercial owners of

the Properties, including but not limited
and ('nj0yment of
services, borrowing money
1Ü. the maintenance of public steets and road, providing municipal-type

and pledging the assets of

the Association as seurty therefore. The Association shal have the
power to fix, levy, collect and enforce al charges and assessments due the Association and enforce
ad c(\\'..nants and restrctions governing the Properties. The nghts or powers granted to the

-
Association pursuant to this Aricle V Sl1all not r wre the ASsociation to exercise an suCño"W
\ or pii vileges, but rather, grant the Association the power to tae such actions or not take such actions
",'
\ aš Board of Directors of the Association sha determne, in its dicretion. - _.---
'..
VI
Board of Directors

S t:C¡ J\.m 1.
the Association shall be managed by
a Board ofDirelOrs consisting
BOARD. The afais of

of nine (9) directors_ The Board of

Directors shal have the nght to exercise and enjoy all powers
granted to the Association. Each director must be a Member of the Association and meet the
qualifications to be a director as specified in Arcle VI. A chage of the minimum and/or
'-
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Carol Forter - Delaware County Clerk
State of Olúahoma

maxi mum number of directors, can only be made by a vote of

the Membrs of the Asocíation duly
cntitkd to vote at any regular or special meetig as established though these By-laws. It is fuer
exprèssly provided that any decrease in the number of director positions made in the maner
provided in the preceding sentence, sha1 not have the effect of
vacating or terminating the position
of any duly elected director during his or her curnt term of offce, but rather such position can be
diminated only if it is vacant at the tie or when it becomes vacant at the end of the full term to
\\'hid1 any such director has been elected to serve. To achieve contiuity of the Board, it is desirable
that 3 members complete their terms of offce each yea.

Section 2-
V ACANCIES. If a director position is vacated, the Board of Directors shal appoint an
digibk member to fufill the ter of
the vacated diectots position. Any director appointed to the
Bo"ird. shall be confirmed by the membership at the next anual meetig of the Association.
those
Coniirmation of the appointed board member shall be accomplished by a majority vote of

Members present and entitled to vote in the election of directors. Confation votes must be in
person and there shal be no votig by proxy on confon of any appointe director.

Section 3.
!3MQY-A. .fy Director may be removed from office by the affimiative vote of th~
boldèfs of sixty-seven ercent 67%) of the Mmnbers entitled to vote in the election of directors.
.~~ll votes or removal of a director must be ca in person and there shaifbe no voting by proxy on
the removal t?f any director. ß diector may be removed only for caus~ cJned as frudi. or
~~'!gi0~St actsi or gross abuse of authonty. ~ dictor shal be entitled to wntten notice of specific
çÌlarQ('s and an opportnity to present to the persons voting on the removal a refutation of such

----
ch3r:~..:l~.;"

therd',)' remove the director if

- -._--~-
tn addition, the board of directorAeclare the seat or offce of any director vacant and
the director-Isent from three (3) consecutive regular meetin~,
t~_ B~)~irJ of D~rectors or four (4) regular meetings of

S¡,cÙO!l 4.
the Board of Directors with any calendar year.

TERl1S. Directors shall be limited to two (2) consecutive full terms.

ARTICLE vïI
Board of Directors: Election Process

Section i.
ELECTION. Election of the Board of Directors shall be by wrtten ballot as hereinafter
provided. At such election the Member may cast thee (3) voies .'FOR" any thee persons
nominaied for the vacancies to be filled. Ifmore th one vote is.cat .'FOR" the same person on
any ballot, no more th one shall be counted.

Page 5
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Fee: $ 35_00 Doc: $ 0.00 ,
Carol Fortner - Deaware County Clerk /
'. Stale of Oklahoma
SeclÍon 2:
NOlvHNATION. Nominations for election to the Board of Directors shan be made by a
Nominating Committee wrch shall be one of the Association.
the stading committees of

Section 3.
NOMINATING COMMTIEE. The Nominating Commttee shall consist of thee (3)
members of the Board of Directors who shal be elected or appointed by the Board and one (1)
member of the Nominating Commttee shl be designated by the Board of Directors as Charman.
The Nominaúng Commtt sha be appointed anualy and shal serve until a successor Nomiting
Comrnitteeshall be appointed by the Board of Directors.

Section 4.
NOMINATIONS. The Nominating Committee shal mae as many nominations for election
10 the Board of Directors as it shal quifY pursuat to Section 5 below, but not less than the number
of vacancies that are to be filled. Such nomitions may be made from the Members, in good
standing, as the Nomig Committee shall determine.

Section 5.
QUALIFICATIONS. Al nominees for
election to the Board of Directors submitted by the
Nominating Committee or membership shall meet the followig quaifications:
l. Directors in the six (6) years
Shall not have resigned two times from the Board of

prior to an election.
.,
Shall be curent in all monetar obligations to the Association.
..
.) . Shall have no felony convictions.
,
-I. Shall not be related to a concurrently serving director. The term '"related", as used
herein, shall include any Mother, Father, Sister, Brother, Son, Daughter, Sister-in-
law, Son-in-law, Husband, Wife, Mother-in-law, Father-in-law, Aunt, Uncle,
Stepchild, or their Spouse, Niece, Nephew, Gradchild, Common Law or Significant
other, whether natuy born or adopted.
). Must be eligible for bonding.

~
6. Mus submit an application for election to Board, providing the information the
Noming Commission may request.
(?~)
Jawsuit against
the Association. --.
Shall not have any interest adverse to the Association, including being a par to a

Sçction 6.
PROCEDURE. All elections to the Board of Diretors shal be made on written ballot which
shall (a) descnbe the vacancies to be filled; (b) set fort the names of those nominated by the
Nominating Committee for such vacacies with spaces opposite each name for voting. Such ballots
silal I be prepared and mailed by the Secreta to th members at least twenty-one (21) days in
advance of the date designated by the Board of Directors as the date of the election. The da of the
elecIÍon shall ordinanly be ten (10) days prior to the Anua Meetig, but may be held any tie
selected by the Board of Directors, and the term of offce of a director shal be for three (3) years,

Page 6
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Carol Fort - Delaware Couly Clerk
Slate of Oklahoa

or until his successor shall have been qualified and elected. The term of each diector shal expire
upon the date of the Anual Meeting of the Members thee (3) yea afer his election! uness a
successor shall not have been elected and shall not have quaified, and in such event, he shall
comìnue to serve until his succesods electe and sha quafy.

Seciinn 7.
BALLOT. Each member shall receive one (1) ballot to be mailed by the Secretary, with a
return envelope addressed to the President.

Sc:ciion 8.
BALLOT PROCEDURE. Upon receipt of each ballotretued, the President shal place the
same in a safe place and upon the date designted by the Board of Directors as the date of the
election shall open the ballots and count same in the presence of two (2) other directors who with
the President shall constute the election committee.

In the event two (2) or more persons have been nominated for a vacancy, the person
receiving
the greater number of afative votes sha be declared elected In the event only one (1) person
shall have been nominated for a vacancy, such person mus receive more th one-haf ('h)
a ffirma iÏve votes of the tota votes cast to fill the parcular vacancy. If only one person is nominted
for a vacancy and that person fails to receive more th one-baf(~) afirative votes such fact shal
be reported to the Nomitig Committe and the Nomitig Commttee shall forthwith nominate
one or more persons to fill the vaccy which wa not fied at the eIection., The new names shall
be placed upon a ballot and the same procedure aforesaid shall be promptly followed.

ARTICLE Vin
Directors Meetini:s

5.ec! I.,::'n 1.
At-1NUAL MEETING. An anual meeting of the Board of Directors shall be held on the
second Saturday of Apnl of each yea, at 9:00 a.m. The Board of
Directors may, by resolution, set
the date and hour of any regular meeting.

,_.*sectì(~~CE. Ñ~ti~~'~f~~~~-::::~"~~-~:-" ar-:~~~~~~'~~'~::~; ~~spe~~ed ~ Ifth~i.

the annual or regular meetings shall fall upon a holida or 0 day wee end, the meetig shal be
held m the same hour on the first Satuday followig sad date which is not a holiday, and no noticè
-i~or need be give!? -
Section 3.
SPECIAL MEETIG. Special meetigs of the Board of Directors shall be held when called
by an officer of the Association or by any two (2) diectors afr not less th thee (3) days notice
10 each director.

Page 7
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Carol Forner - Delaware County Clerk
stale of Okahoma
Section 4.
WAIVER OF NOTICE. The trnsaction of any business at any meeting of the Board of
Dircciors;liowever caled andvIioticed öt::WheievêrÍield; shal be as valid as though mae at a
meetingduly held afer regularlcál'ai~'natiCé if àquortm is present, and, if before or afer the
meèrIng,each ofthedirêto:rinÓtpres'eht(sign ä:wrtteh wmverofnotice. All suh waivers shall
be'made a part of the míÏilièS:of.themeetihjf

Sectic\1l 5.

QUO RUM. The majority of the Board of

Directors shal constute a quorum thereof.

SeclÌon 6,
CONSENT. Any aCtion which might be taen at a meeting of the Board ofDírectors may
be wken without a meeting if a recrd or memorandum thereof be made in wrting and signed by all
of the directors.

ARTICLE IX
Officers

SëC¡ÍOJl t.
OFFICERS. The offcers shal be a rresident, a Vice-President, a Secretar and a Treasurer.
The (! ffices of Secreta and Tíeaerinyhe held by the same persn. The Board may
elect such
other offcers as theafaIcòftie'Assoçiatît?rtffây:tequie, each ofwhom shall hold offce for such
period, have such authóntyand:ìjeddnnsuch duties as the Board may, from time to time, determine.

Section 2.
APPOINTENT. The offcers shall be chosen by majority vote of the directors and shall
Dírectors. ~..~ ~ 7 ~~ ~
~4p1f~~
SèrVè at (he pleasure

Section 3.' . "

of the Board of

P RESrD ENT. ThePresident shall preside at al meetigs of the Board of Directors, shall see
thai orders and resolutions of the Board of Directors ar caed out and sign all notes, leases,
mortgages and deeds.

;)è'cÜon 4.
VICE-PRESIDENT. The Vice-President shal perform the duties of the President in his
absence and shaH be the ombudsman for employee grievances.

Section 5.
SECRETARY. The Secretar shall record the votes and keep the miutes of all proceedings
and shall sign all certificates of membership. The Secretar shall keep the records of
the Association
and shall record in a book kept for that purse the naes of all Members of the Association
together with their addresses as regitered by such Members.

Page 8
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Carol Fortner - Delaware Count Cler
Slate of Okahoma
Seciion 6.
TRl4SURER. TheTreaurersha.receive and deposit in appropriat bank accounts all
moneys of' the"AssociatioiÌ'âld~l dis6ti~esuch ficl as diected by the Board of Directors;
~ ,;-" .,. ,". _._",."...~':.._:.~i;:~::\Jd'~~;;.;.-:,.,.:'.t~,:tf::,--;..:;~-.~;i;::'"_.~-.~7-..,,::..,.- ,"._'.-.. ,', .....- ' -'
provided, however, tlat a resQl.BtIQP:òr'thBoard of Directors sha not be necessa for
~ _ . ':' _':' : .:.'_' :...:l'~":- '_,::O"-:'",í"'..'.-:ir:",',:/." '~:.;i--,(~'_:,'i." _ '. ':' _ '''; _ II ..
disbursements made inthe'Qi:a~itanf'cöûte òfbusiness conducte withn the iimits of a budget
adopted by the Board. Tle Tre.urer and Preident shal sign al notes of the Association. All
.¡¡ :', ,'-"f.
checks issued shallti slgn€?dhy two offcer of
the Associaton. '
The T reáSunr shaÍalso. keep proper books of accunt and cause an anua audit of the
Association to be mae by a public accountat or certfied public
acuntat at the completion of
each fiscal year. Th Treaurer shall also prepare an anua budget to be presented to the
mem bership at the Anual Meetig.

ARTICLE X
Committees

Section 1.
COMMITTEES. The stding committes of
the Association shall be:

Nominating Committee
Recreaúon Commtte
Construction and Maintenace Commtte
Architectural Control Committee
..udíi Committee

U nIcss otherwise provided herein, each Committee shall consis of a Chairman and two (2) or more
l\1embcrs and shall include a membe of the Board of Directors. The Committee shaH be appointed
by the Board of Directors prior to each anual meeting to serve from the close of such anual
meeting until the close of
such appointment sha be anounce at each
the next anua meeti and

such aJmual meeting. The Board of Directors may appoint such other committs as it deems
desirable.

Sèciion 2.
NOMINATIG COMMITE. The Nominatig Commttee shal have the duties and
functions described in Arcle VII.

S\;ciitì!l 3.

RECREATION COMMITTE. The Recreation Commttee shaH advise the Board of

Directors on all matter pertaining to the recreatÌõña program and activities of the Associaton and
shall perform such other fuctions as the Boar~ in its discreton, determnes.

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- . Carol For - Dewae Cou Clerk
State of Okahs

NOTICE. Notice of any meetigs shall be given to the members by the Secreta. Notice
may be given to the Membe the notice though th mail,
either personaly, or by sending a copy of

postage thereon fuly pre~d, to his £iØdress appeang on the books of the Association. Each
Mem ber shall rtgist~r.lì:s?a~g,~~~,~tl,th~.s.~retaan notice of meetigs shal be mailed to him
spe. ial shal be maled at least te (10) days in
31 such aÇldr~~$;:;.,.N."çtjc.,e..."o.,....£.,.r.\~.~.:.¥.,:..it~..ti.. g. .,.....reguar. or
. _ - ". 'd~ _ ;-,,- ,J ,"",.:"'.:. .~!'r,,',',..- -, '-."Y'" 'c -",-,' .,. .
3d\'ance,qfth~,(m,tHøR~r~:#:Qal~t foitin genera the natue of the business to be trac.

Section 4.
~;:,,':~i(L'YQIING. In
"~:"\.:_O"I!:_~.:,:...,,~,,::..j.!t....,. . '. -,- ,", -._
al matters other than the election, confinnation or removal of the Board of
Dirt(:t9r~tl~(lwntive vote of amajonty of the members present in person or represented by proxy
~;fl,¿l~~l1l~tl~~i~d.elltit1ed to. vote on the subject matter shall be th act of the Members, uness the
::V8t~.~9l~.~;~~~tër iiumper is requied by the provisions of the Oklahoma General Corporation Act,
the Càtificate of Incorporation or these By-Laws.

ARTICLE XU
Proxies

Sèciion L

'-"~ - PRO XY - At all corporat meetigs of

v~te in person or by proxy, ,~x~l~the el~tio~ confation or removal oftle Board_ of

Dm:ctors. . ..- ---." _ -. _.
~ . J_.
..eCllOn
Members, eah Member who is qualified to vote may

REQUlREMrNTS. All proxies sha be in writing and filed with the Secreta. A proxy
must be filed with the Secretar at leasttwenty (20) days in advance of any meetig or vote at which
the PïÖXY is to be exercised. No proxy shall extend beyond a period of eleven (11) months, and
every proxy shall automatically ceae upon the sae by the Member of
his interest in the Propertes.

ARTICL xm
Books and Papers

Section 1.
BOOKS AND RECORDS. The books, records and papers of the Asociation shall at all
times, during reasonable business hours, be subject to inspection of any Member. except that the
Association shall protect from disclosure, the inonnation of Members have

~. ~ -:
Members, in which the

a ! egí tÎmate expectation of privacy. ~!ocedures for the inspection of said records shall be estiis~

-:h~~' ih~ Board of Directors. -----------___..,

Page i i
 ARTICLE XI 1-;¿O~UU/910 Sook 1670 Pg: 370
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Fee: $ 35.00 Doc' $ 0.00
Carol Fonner - Delaware County Cler
Slale of Oklhoma

Sectii.H1 1.
AMENDMENT. These By-laws may be amended at any regular or special meeting of the
Board úfDirectorsbyavot~ of a majority of a quoru present and voting, provided that any matter
siated hereintobe~r wllctI)s, in fact, governed by the Declarion applicable to the Propertes may
not be amendêd excepiåsptovided in such Declartion.

Section 2.
CONFI.CT_ In the case of any confict between the Arcles of
Incorporation and these By-
1 aws, ihe-AicJes shall control. In the cae of any confct between the Declaration applicable to the
pr()p~rt.ie.s
"""I'"," änd these By-laws, the Declartion shal control.
IN WlTNSS WHREOF, these Amended and Restated By-laws of Lakmont Shores
Property Ov,mers Association have been signed on ths '3~ day
or "IJy , 2005 by the
following directors of the Association.
Wrc L"..e. Icøl ø.."J ø'~r__~'"
71çsr. AN\uit.t/, ii¿. (cs/& Icti ty - l~-i ","..# A.i,". l..., 7".. i . l~
b /Ñ Öo.. ,f 1J1""~ I,.I.~ t.tl1oJl ¡. lLfI/i ..~ "' Æ......~ l.. ,/. I; ".".
~ J r:L i .L ¡;.... "t I,. r,lflt ho,,II Atxl:. /
~~.. r.:~. g'\~:i041'h""~ _/Il'Gtol lJ.t¡, .r,)".~..t

~V~ ~J ~r. 'y ;)....."1

~~ ...'" vI'..

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tw.A ~ -i ~ ,.- ry N1std.-:

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OOR~Y LOU SWANSON
s.... 01 ~bI In an to
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