By-Laws-2021

Our Purpose

By-Laws of Skyview Estates, Inc.

As amended February 2021

Article 1. NAME

This corporation shall be known as SKYVIEW ESTATES, INC., A CORPORATION NOT FOR PROFIT, organized under the laws of the State of Florida.

Article 2. LOCATION

The location of this corporation shall be 3003 Sego Lane, Lakeland, FL 33801 County of Polk, State of Florida.

Article 3. MEMBERSHIP

Membership of the corporation shall be restricted to the owners of lots in that certain series of subdivisions in section 27, township 28, range 24 of Polk County, Florida embraced in the unrecorded plat of Skyview Unit I (lots 10 through 17 and 17A, 17B and 17C, lots 19 through 52 and 54 through 76, plus 71A, 71B and 72 of block A, and lots 401 through 422 inclusive) and Skyview Unit II (lots 201 through 201, 212A, 214A, 201A, 2016A and 217 through 242) and Skyview Unit III section A (lots 15 through 42 and 17A and Skyview Estates Unit III Section C (lots 27 through 61) and Skyview South unrecorded (lots 362 through 385), which said lots are restricted to adult residential use only.

ARTICLE 4. OBJECT

1. The business and purpose of this corporation shall be to acquire, maintain and construct buildings and property for the community center, club rooms, reading rooms and educational and recreational facilities to serve the community of the area specified in Article III, of Polk County, State of Florida: to acquire other properties, and to construct buildings for such purposes; to engage in any and all types of activities not prohibited by law which shall promote and foster educational, recreational, physical and social activities of its members and friends, that they may acquire knowledge and understanding of other cultures and languages; to promote and foster mutual understanding and good will among persons of all ancestries; to engage in such activities as shall aide the standard of civic morality and community welfare through educational, recreational and social facilities, and to disseminate such knowledge as shall be useful for the members in their work and home life; to own real property as well as personal; to contract debts; to borrow money; to do anything necessary, proper or advisable for the accomplishment of the purposes or powers set forth in this article, and to do all other things incidental thereto, including, where desirable, to own and to maintain streets, easements, public lighting and storage areas and recreational facilities. The purposes and powers set forth in this article are not in limitation of the general powers conferred by the non-profit corporation laws of the State of Florida.

2. To provide maintenance and upkeep for the recreation and social hall, utility buildings, shuffleboard court and storage compound, and all roads and easements owned by the corporation located in the area specified in Article III.

Article 5. MEETING OF MEMBERS

Section 1. Annual Meeting.…The annual meeting of the membership of this corporation shall be held at the Skyview Hall the third Monday of February at 7:00 pm, one of the purposes of which shall be the election of the Board of Directors for the coming year, election of the Officers of the corporation, all of whom shall take office immediately following the election.

Section 2. Regular Meetings…..Regular meetings shall be held on the third Monday of each month at the Skyview Hall at 7.00 pm except in December when, because of Christmas, the meeting shall be held on the second Monday.

Section 3. Special Meetings…..Special meetings shall be held at the call of the President, with the consent of two-thirds of the Board of Directors, or by written request of fifteen per cent (15%) of the members of the corporation.

Section 4. Notice…..At least forty eight (48) hours’ notice will be provided for any special meeting.

Section 5. Order of Business…Order of Business at annual meetings.

a. Roll Call

b. Reading of Notice of Meeting

c. Reading of Minutes of previous meeting

d. Report of President

e. Report of Treasurer

f. Report of Secretary

g. Reports of Committees

h. Election of Officers

i. Transaction of other business mentioned in the Notice

j. Adjournment

Section 6. Quorum…..A majority of the members present shall constitute a quorum for the transaction of business, provided that at least 40 legal owners are represented.

Section 7a. Membership Qualification…..Membership in the corporation is based upon ownership of property within the area specified in Article III. The homeowner is entitled to one vote for each property owned in Skyview Estates, Inc.

Section 7b. Voting Right…..The Executive Board may temporarily suspend the association voting rights of a member who is delinquent in park maintenance fee (assessment) until such fees are paid. The member whose voting rights are suspended must be notified within ten (10) days by sending him a Certified, Return Receipt Requested Notice, through the US MAIL. A delinquency that continues for thirty (30) days or more may be acted upon as follows: the Board of Directors may take legal steps to place a lien upon the property, for assessments, legal fees and other costs.

Section 7c. Privilege…..Property owners within the area specified in Article III shall, on payment of an annual maintenance fee, be entitled to the use of all Skyview Estates, Inc . facilities, ie. the clubhouse, storage compound, etc.

Article 6. Board of Directors

Section 1. Number and Terms of members of the Board of Directors….. There shall be nine directors of this corporation. Two directors shall be elected for a one year term. Two directors shall be elected for a two year term. The four elected officers – President, Vice President, Secretary and Treasurer – shall become the fifth, sixth, seventh and eighth members of the Board of Directors. The immediate past President, by virtue of his or her office, automatically shall become the ninth member of the Board of Directors and shall serve in his or her office for a period of one year.

Section 2. In the event that the past President does not serve, the candidate who received the third highest amount of votes for the one year position shall fill the ninth position for a period of one year.

Section 3. Vacancies in Office…..Vacancies in office during the corporate year shall be filled for the unexpired term by vote of the Board of Directors.

Section 4. Directors shall be responsible for the properties of the corporation and shall at all times possess a detailed inventory showing location of properties, descriptions of the properties, investigating and recommending adequate insurance coverage for such properties and the safekeeping of the corporate legal documents.

Section 5. Any violations of the COVENANTS, RESTRICTIONS, LIMITATIONS, CONDITIONS, CHANGES, RULES AND USES COVERING REAL PROPERTY shall be brought to the attention of the Board of Directors to be addressed. The President will then write a letter to the homeowner detailing the violation, following which, if the homeowner does not correct the violation, the violation will be referred to the Infraction Committee.

Section 6. The Directors shall hear all problems pertaining to disputes with the above mentioned Declarations of Covenants, and shall attempt to resolve said disputes without the recourse of legal action. Any unresolved disputes between Skyview Estates Inc and the homeowner shall be referred to mediation. Mediation expenses shall be the responsibility of the homeowner should the decision be in favor of Skyview Estates, Inc.

Section 7. In all the above matters, the Board of Directors shall have the final determination.

Article 7. DUTIES OF OFFICERS

Section 1. Election…..The officers of this corporation shall consist of the President, Vice President, Secretary, Assistant Secretary, Treasurer and Assistant Treasurer, all of whom shall be members of the corporation. Each officer shall be elected to hold his office for a period of one year. Officers shall be elected by the members of the corporation at their annual meeting.

Section 2. President…..The President shall –

a. Preside at all meetings of the membership and the Board of Directors.

b. Be a member ex-officio of all committees except the Nominating Committee.

c. Be Chairman of the Board of Directors.

d. Perform all other duties usually pertaining to the Office of President.

e. He or she may, at his or her discretion, appoint a Parliamentarian.

Section 3. Vice President…..The Vice President shall –

a. Preside at all meetings of the membership and the Board of Directors in the absence of the President.

b. Be a member of the Board of Directors and the Finance Committee.

c. Perform all such other duties usually pertaining to the Office of the Vice President.

Section 4. Treasurer……The Treasurer shall –

a. Be custodian of all funds and securities of the corporation and collect interest thereon.

b. Keep a record of the accounts of the corporation and report them at each regular meeting of the membership of the corporation.

c. Make a report at the annual meeting and special meetings when requested.

d. Deposit all moneys of the corporation in the name of SKYVIEW ESTATES, INC., in the bank or banks selected and designated by the Board of Directors, subject to withdrawal for authorized purposes, upon the joint signatures of two of the officers of the corporation, unless otherwise directed by the Board of Directors, one of whom shall be the Treasurer or the Assistant Treasurer and the other shall be the President or the Vice President.

e. Give bond in such amount as the Board of Directors may require the corporation to pay the premium for such bond.

f. Prepare and file reports and returns required by all governmental agencies.

g. Maintain a current alphabetical list of financial contributors to the corporation.

h. The Treasurer’s accounts and the bookkeeping records may be audited annually by a firm of certified public accountants at the expense of the corporation, if so ruled by the Board of Directors.

Section 5. Assistant Treasurer……The Assistant Treasurer shall –

a. Perform such duties of the Treasurer in his or her absence or inability to assume the official duties of the position as required.

b. Assist the Treasurer when requested to do so.

Section 6. Secretary…..The Secretary shall –

a. Record the minutes of all meetings.

b. Write up the minutes the day following the meetings.

c. Confer with the President for possible omissions.

d. Send duplicate copies of the minutes to the President.

e. Have custody of the seal of the corporation.

f. Give notice of all meetings requires by Statutes, By-Laws or resolutions.

g. Take attendance records at meetings.

h. Maintain committee reports.

i. Carry on all necessary correspondence of the corporation.

j. Perform such other duties as may be delegated to him or her by the Board of Directors.

Section 7. Assistant Secretary…..The Assistant Secretary shall –

a. Perform all the duties of the Secretary in his or her absence or inability to assume his or her official duties. Assist the Secretary when necessary.

Section 8. Parliamentarian….. The Parliamentarian shall – When requested by the President, give interpretations of these By-Laws and of accepted principals of parliamentary procedure and protocol, based on Roberts Rules of Order, which the President may use as a basis for ruling on any question of a procedural nature.

Article 8. Board of Directors

Section 1. Membership…..The Board of Directors shall consist of all of the elected officers and the directors.

Section 2. The Board of Directors shall pass upon the expenditures of all monies covering expenses, not to exceed $1000.00 (One thousand dollars). Any expenses over $1000.00 must first be approved by the majority of the membership responding to the issue, before expenses can be approved by the Board of Directors

Section 3. The Board of Directors shall consider and decide all questions of policies and shall pass upon every money-raising project before it is undertaken by any committee, group or individuals.

Section 4. The Board of Directors shall meet regularly on the second Monday of each month at Skyview Hall except in December when, because of Christmas, the meeting will be held on the first Monday. A quorum of the Board of Directors shall be five (5) members.

Section 5. The Board of Directors shall fill all vacancies of elected officers and directors as soon as possible.

Section 6. A report of all actions of the Board of Directors shall be made at the next regular meeting of the membership, which shall be the 3^rd Monday of each month at 7:00 pm except in December when, because of Christmas, the meeting will be held on the 2^nd Monday.

Section 7. The Board of Directors shall transact all emergency business that arises, between regular meetings of the membership.

Section 8. The Board of Directors shall have the power to levy a late payment penalty on any and all property owners of the area specified in Article III who become delinquent in paying his or her annual maintenance fee. Maintenance fees are due December 1 and become delinquent after February 1, to conform to our fiscal year.

Section 9. The Board of Directors shall see that, when any officer is not available, the assistant will be in charge until the officer returns. The Vice-President will be in charge when the President is not available.

Section 10. Inasmuch as our By-Laws and Restrictions have been declared by the Courts of Polk County as enforceable, the Board of Directors must see that they are complied with by every property owner in the area specified in Article III from this date and in the future, with no exceptions.

Article 9. Committees

Section 1. Finance

a. The funds of this corporation shall be derived from payment of each property owner in Skyview Estates, Inc.. An annual maintenance fee shall be set for each lot, vacant or occupied, and shall provide that the assessment shall be allocated such that the same amount of money will be assessed and collected from each platted lot or part thereof, and in those instances where there has been a combination of a platted lot with a portion of another lot in one ownership, the assessment as to the partial lot shall be apportioned to the owners at the same ratio as the said apportioned lot has been divided between neighboring land owners, the sense of this provision being that any single ownership (not constituting a single home site; see paragraph two (2) of your copy of the amendment to the existing Covenants, Restrictions, Limitations, Charges and Uses) consisting of a lot and a half will pay an assessment and a half and a single ownership (not a home site) consisting of two platted lots, will pay 2 assessments; the basic concept that the assessment, when determined, shall be the same specific sum of money to be collected from the owners of each lot. Annual assessments shall be determined by the Finance Committee, reviewed and recommended by the Board of Directors and submitted to the membership, effective upon a majority vote of the membership at the annual meeting. Absentee ballots for said annual meeting shall be provided in the mail to all non-resident members, not less than 20 days before the annual meeting.

b. The Finance Committee shall consist of six members, three of whom shall be the President, Vice President and the Treasurer, and three active members appointed by the Board of Directors. The Finance Committee shall select one of their members as Chairman.

c. The Finance Committee shall prepare a budget to be presented to the Board of Directors for approval, which shall provide for all expenses for the current year and for a contingency fund to cover emergencies which may arise.

d. Any expenses not provided for in the budget must have the approval of the Board of Directors before payment may be made.

e. Additional funds may be derived from projects recommended by the Board of Directors not in violation to any Internal Revenue provision that might jeopardize the exempt status of this corporation.

Section 2. Activities Committee

a. The Chairman shall be appointed by the Board of Directors and said Chairman may appoint three co-chairmen.

b. The Chairman shall be responsible for social and recreational activities, including any subcommittee deemed necessary.

Section 3. Welcoming Committee

a. Two Co-Chairmen shall be appointed by the Board of Directors.

b. The Co-Chairmen shall call on all newcomers to the park – owners or renters – to inform them of the activities and other information pertaining to the park directory and emergency aid. They shall present a copy of the By-Laws of the corporation and inform them of all deed restrictions covering their land.

Section 4. Building Committee

a. The Board of Directors shall appoint a chairman for this committee, who may appoint three co-chairmen of area specified in Article III, and one member of the Board of Directors to be a member ex-officio.

b. This committee shall be responsible for the maintenance and upkeep of the buildings and equipment owned by Skyview Estates, Inc.

Section 5. Grounds Committee

a. The Board of Directors shall appoint a chairman for this committee who may appointment three co-chairmen of the area specified in Article III, and one member of the Board of Directors to be a member ex-officio.

b. This committee shall be responsible for the planting, upkeep and maintenance of the grounds owned by Skyview Estates, Inc.

Section 6. Street Committee

a. The Board of Directors shall appoint a chairman for this committee, who then may appoint three co-chairmen of the area specified in Article III.

b. This committee shall be responsible for all of the streets owned by Skyview Estates, Inc.

Section 7. Nominating Committee

a. The Board of Directors, at its December meeting, shall appoint a chairman and three members to act as the nominating committee.

b. This committee shall prepare a slate of officers for the ensuing year, submitting its report first at the January General Meeting for review.

c. At the January General Meeting, nominations for officers may also be made from the floor, with the prior consent of the nominee.

d. All nominations will then be voted upon at the Annual Meeting in February.

e. Each nominee selected by the nominating committee must agree to be a candidate.

Section 8. Covenants and By-Laws Committee

a. The Board of Directors shall appoint a chairman and at least two members of the corporation to constitute this committee.

b. Their duties shall be to review the Covenants and By-Laws of this corporation and to submit at any scheduled meeting of the Board of Directors proposed amendments and changes, in writing, for their approval and presentation to the membership.

Section 9. Security Committee

a. The Board of Directors shall appoint a Chairman for this committee and the Chairman may appoint one or more additional persons to serve upon this committee

b. The Security Committee Chairman shall attempt to establish a liaison with the Polk County Sheriff Department and make recommendations to the Executive Board on matters that would add to the security of Skyview Estates, Inc.

c. The Chairman shall also, with the approval of the Board of Directors, initiate programs within the park that will enhance the safety of residents and their property.

Section 10. Additional Committees

a. Other committees may be established and their duties defined by the Board of Directors as needed.

Article 10. Fiscal Year

Section 1. The fiscal year of the Corporation shall be December 1 to November 30. Meetings may be suspended during May, June, July, August, September and October. Regular meetings shall be held at 7:00 pm on the third Monday of all remaining months except December, which shall be held on the second Monday.

Article 11. By-Laws

Section 1. These By-Laws shall be read in whole or in part whenever deemed necessary by the presiding officer or on the request of a member.

Section 2. These By-Laws may be amended by resolution of the Board of Directors and by a two-thirds (2/3) vote of the membership voting at any General Park Meeting, either in person or by absentee ballot, provided notice of such changes or additions shall have been submitted in writing to the membership twenty (20) days prior to the regular meeting.

Section 3. Fifteen (15) eligible voting members of this corporation may submit a proposed change of the by-laws to the Board of Directors. This proposal shall be submitted in writing and signed by all submitting members. The proposal must then be presented by Board of Directors at the next General Park Meeting for consideration and debate. If the proposal is approved by a majority of the eligible voting members at the General Meeting, at which it is first presented, it shall be tabled. Ballots shall be sent to all members of the corporation and counted at the next General Meeting. A two thirds (2/3) majority vote shall be necessary for the amendment or change.

Article 12. Rules of Order

Section 1. The rules contained in Roberts Rules of Order, Revised, shall govern this corporation in all cases to which they are applicable, and in which they are not inconsistent with the Charter and By-Laws.

Article 13. Jurisdiction

Section 1. The corporation shall have jurisdiction over all lands located within Skyview Estates, Inc., insofar as compliance with restriction and covenants is concerned. Skyview Estates, Inc is defined as and shall consist of those certain mobile home lots abutting and accessory lands and service areas lying within the following described property of Polk County, Florida, to wit:

Commence at the Northwest corner of the Northeast ¼ of Section 27, Township 28 South, Range 24 East, thence run East 25 feet, thence run South 20 feet to point of beginning (P.O.B.), thence run South 1332.71 feet, thence run East 335 feet, thence run South 1125 feet, thence run West 50 feet, thence run South 160 feet, thence run East 75 feet, thence run South 290 feet, thence run East 120 feet, thence run North 225 feet, thence run East 50 feet, thence run North 1150 feet, thence run West 30 feet, thence run North 24.09 feet, thence run North 6 degrees 35 feet 20 inches East a distance of 113.3 feet, thence East 102.92 feet, run thence North1195.28 feet, thence West 825 feet to P.O B..

Section 2. Addition to Article 13, adopted at the Annual Meeting February 16, 1987 –

Begin at the NW corner of the NE ¼ of Section 27 T28S, R24E, Polk County, Florida, run thence East 850 feet, South 140 feet, for a POB, thence South 1192.3 feet, thence East 30 feet, thence South 1170 feet, thence West 50 feet, thence South to the South line of the SW ¼ of the NE ¼ , continue thence South 00 degrees 01 foot 30 inches West 81.25 feet, thence South 89 degrees 59 feet 15 inches West 120 feet, thence South 00 degrees 02 feet 30 inches West132 feet, thence South 77 degrees 24 feet 30 inches East 135 feet, thence North 12 degrees 35 feet 30 inches East 30 feet, to a point 20 feet South of the water line of a pit known as Blue Lake, continue thence Northeasterly meandering 20 feet South and East said water line to a point 1025 feet East of the NW corner of the SE ¼ of Section 27, continue thence East 75 feet, thence North 1320 feet, thence West 100 feet, thence North 1192.3 feet, thence West 148 feet to the POB, subject to easements of record.

Article 14. Alcohol in Hall

Section 1. Alcoholic beverages may not be sold at any time in the Recreation Hall or the adjacent areas.