The Judson Park Association Bi-Laws

The Judson Park Association

The Judson Park Association is a non-profit organization, incorporated by the State of Michigan, whose purposes are as outlined in their By-Laws, Article 1, Section 2:

a. The maintenance, improvement, and general betterment of property located within Judson Park Subdivision, and located in the South West of Section 5, Town 3 North, Range 11 East, Avon Township, Oakland County, Michigan, and such areas as the Bylaws of the Organization may from time to time designate.

b. For the maintenance and enforcement of building and use restrictions applicable thereto.

c. For the promotion of cooperation among lot owners and residents of said subdivision as well as between said subdivision and neighboring subdivisions.

d. In general for such purposes as may be beneficial to the general welfare of said property arid/or the persons residing therein, but not for profit.

The elected officers of the Judson Park Association are, President, Vice-President, Secretary, Treasurer, and 3 Directors. Monthly Board Meetings are held at the various members’ homes throughout the subdivision. Each year after the new officers are elected, the President appoints the various committees, namely:

The Park Committee

The Roads Committee

The Social Functions Committee

The Welcoming Committee

The Membership Committee

The Publicity Committee

The Building Restrictions Committee

The Vice-President organizes the Street Captains who are so necessary to make personal contact with the residents.

Judson Park Association was organized in September 1956, several months later in January 1957, Mr. and Mrs. Judson deeded the 10-½ acre recreation area to the Association. This recreation area is being developed and it is our intention to have this beautiful, wooded picnic site exclusively for Judson Park.

The Judson Park Association has been instrumental in bringing about a number of community improvements, among them are:

1. Having the subdivision posted with speed limit signs.

2. Having mail deliveries to each house.

3. Having the school bus routed through the subdivision.

Since Judson Park Association has been organized for the general betterment of the subdivision, our efforts will always be directed toward that end.

The Board of Officers of Judson Park Association welcomes your inquiries and suggestions. If you have something you wish to discuss with the Board, feel free to contact the Secretary for the date of the next monthly meeting. If you are not an active member and wish to join the Judson Park Association, contact any of the Board members whose names are listed at the top of each Newsletter.

The Judson Park Association is represented in the Northwest Avon Inter-Association Council. This organization is made up of representatives from the various subdivisions in this area. The purpose of this organization is to discuss matters pertaining to zoning, restrictions, etc., of the entire northwest Avon area. Their members attend such meetings as Avon Township Board meetings, Avon-Pontiac Planning Commission meetings, etc., and file a report with the Inter-Association Council for discussion.

By- Laws

ARTICLE I

Section 1. The name and title by which this organization shall be known in law is Judson Park Association, Incorporated, and shall be referred to hereinafter as the Association.

Section 2. The purpose or purposes for which the Association is formed are as follows:

a. The maintenance, improvement, and general betterment of property located within Judson Park Subdivision, and located in the South West ~ of Section 5, Town 3 North, Range 11 East, Avon Township, Oakland County, Michigan, and such areas as the By-Laws of the Organization may from time to time designate.

b. For the maintenance and enforcement of building and use restrictions applicable thereto.

c. For the promotion of cooperation among lot owners and residents of said subdivision as well as between said subdivision and neighboring subdivisions.

d. In general for such purposes as may be beneficial to the general welfare of said property and/or the persons residing therein, but not for profit.

Section 3. The post office address for the transaction of business shall be 2650 Tallahassee Drive.

ARTICLE II

Section 1. The membership of the Association consists of those persons whose names are duly recorded on its Roll of Membership, and shall be divided into three classes: Active, Associate and Special Membership.

a. An Active Membership shall be held by the owners or joint owners, having record title or contract to purchase land in Judson Park Subdivision, and whose current dues have been paid to the Association.

b. An Associate Membership shall be held by all other record title owners of land in the Judson Park Subdivision.

c. A Special Membership shall be held by a resident or residents of Judson Park Subdivision who are renting a house in said Subdivision, and whose current dues have been paid. A Special Membership does not entitle the holder thereof to hold Elective office in the Association.

d. Only those holding Active Membership in the Association shall be eligible to hold Elective office in the Association.

e. No owner or owners, singly or jointly, shall hold more than one membership in the Association.

f. An Active or Special Membership shall entitle the holder or holders thereof to cast two votes in matters pertaining to the activities of the Association when voted by ballot.

ARTICLE III

Section 1. ANNUAL MEETINGS: The annual meeting of the members of the Association for the election of officers and directors shall be held on a day to be designated by the Board of Directors and shall fall between September 15 and September 30. At this meeting annual reports of retiring officers and directors shall be presented and such other business transacted as shall properly come before the meeting.

Section 2. SPECIAL MEETINGS: Special meetings of members, other than those regulated by statute may be called at any time by the President or by a majority of the directors. It shall also be the duty of the President to call such meetings whenever requested in writing to do so by (10) per cent of the members of the Association having at that time, power to vote, upon the matter or matters to be considered at the meeting. A notice of every special meeting, stating the time, place and object thereof, shall be given personal service, or by mailing at least 7 days before such meetings, a copy of such notice addressed to each member at his post office address as the same appears on the Roll of Membership.

Section 3. PLACE OF MEETINGS: All meetings of the members, shall be called to order promptly at such time and at such place of assembly as may be designated by the President.

Section 4. QUORUM: (25) per cent of the active membership shall constitute a quorum.

ARTICLE IV

Officers and Directors

Section 1. OFFICERS: The officers of the Association shall consist of a President, Vice-President, Secretary and a Treasurer.

Section 2. DIRECTORS: The directors of the Association shall consist of the four officers named above and three additional members elected by the Association and the retiring president.

Section 3. ELECTION: The officers and directors shall be selected from the Active Members, preceding the annual meeting in September. Upon election the officers shall hold their respective offices for the term of one year following their election and until their successors are elected and have qualified, unless previously removed by action of the Association or by resignation. Upon election, the directors shall hold their office for the term of three years following their election and until their successors are elected and have qualified, unless previously removed by action of the Association or by resignation. In the annual meeting, September 1959, three directors shall be elected. The one receiving the highest number of votes shall be elected for a term of three years; the one receiving the second highest number of votes shall be elected for a term of two years; and the one receiving the third highest number of votes shall be elected for a term of one year. Thereafter, only one director shall be elected each year, for a three year term. The retiring president shall automatically become a director for the following year.

Section 4. NOMINATING COMMITTEE: The President shall appoint a Nominating Committee whose duty it shall be to select nominees for the office of President, Vice-President, Secretary, Treasurer, and one Director; after September 1959, and to report its recommendations to the Association active members at least three weeks prior to the regular annual meeting.

a. It shall be the duty of the Nominating Committee whenever possible, to select not less than two nominees for each office to be filled.

b. Additional nominations for the offices to be filled may be made by submitting a petition in writing and signed by five or more active members and addressed totP~e President at least (3) weeks prior to the annual meeting.

c. It shall be a qualification of all nominees that they have indicated a willingness to serve in said office, if subsequently elected.

Section 5. BALLOT:

a. Election of officers and directors shall be by secret printed ballot. Candidates receiving the greatest number of votes cast for the respective offices shall be declared elected.

b. Balloting shall begin one hour prior to the annual meeting. It shall be the duty of the President to see that a polling place is provided to assure the taking of a secret ballot; that the Secretary is present with the Roll of Membership to insure that only qualified active members are permitted to vote; that printed ballots are provided; that all ballots are carefully folded and placed by the voter in a sealed ballot box; that the poils shall be closed promptly one-half hour after the start of the meeting; that a sufficient number of tellers are appointed to insure an honest, impartial and prompt tabulation of the votes and report the results during the course of the annual meeting.

c. Absentee Ballot: In the event a member, otherwise qualified, to vote, is unable to appear in person at the polling place during the hours designated for voting, he shall not thereby be deprived of his right to vote but may obtain an absentee ballot from the Secretary in advance of the election. Such ballot when marked by the voter must be placed, by him, in a sealed envelope which must bear the name and address of the member voting. This envelope may then be delivered to the tellers in charge of the polling place, who shall see that the name appearing on the outer envelope is checked by the Secretary against the Roll of Membership to ascertain if it is the name of a qualified voter, and if so, this envelope shall be opened and the plain envelope enclosing the ballot shall then be placed in the sealed box. Should the name on the envelope not be that of a qualified voter, the ballot shall immediately be destroyed.

d. In the event of a tie vote, or contested tabulation, either nominee for the office may request a recount of the votes cast, in which event the President shall nominate a new set of tellers who shall forthwith proceed with a new tabulation of the votes cast and report their findings before the adjournment of the annual meeting. Should the recount disclose a tie vote and should no recount be requested, a selection to fill the office shall immediately be made by drawing.

ARTICLE V

Duties and Powers of Officers and Directors

Section 1. PRESIDENT: The President shall preside at all meetings of the Association and of the Board of Directors. He shall appoint all outstanding and special committees and shall be an ex-officio member of such committees. He shall call meetings of the Board of Directors at such times as he may deem advisable, or upon request of two (2) or more members of the Board. it shall be his duty to carry out the will of the Board, and of the Association, as expressed at their meetings and, in general, to conduct the affairs of the Association in a manner consistent with the authority and responsibility pertaining to his office.

Section 2. THE VICE-PRESIDENT: The Vice-President shall discharge the duties of the President in his absence. He shall also serve as Parliamentarian and be custodian of the By-Laws, and will present proposals for revision of the By-Laws at the annual meeting when deemed necessary by the Board of Directors. He shall coordinate the activities of all standing committees and also perform such duties as may be assigned by the President or Board of Directors.

Section 3. SECRETARY: The Secretary shall give notice of all meetings of the Board of Directors and of the Association, and shall attend all the meetings and keep a true and accurate record of their proceedings. He shall carry on the correspondence of the Association and perform such other duties as instructed by the Board of Directors and of the Association.

Section 4. TREASURER: The Treasurer shall accept the dues and keep account of all monies received by and expended for the use of the Association and shall make disbursements only as authorized by the Board of Directors. Two signatures shall be required on all checks. The President and Treasurer shall normally be the co-signers on all checks. In the absence of the Treasurer and/or the President, both the Vice-President and the Secretary shall be authorized to act as co-signers of checks. The Board of Directors shall determine if the Treasurer shall be required to furnish a bond and the amount of such bond as deemed advisable. The cost of such bond shall be paid out of the funds of the Association.

Section 5. FUNDS: All monies of the Association shall be deposited in a bank approved by the Board of Directors. The Treasurer’s accounts shall be audited annually or at such other times as so ordered by the Board of Directors. The Treasurer’s account shall be audited by the Board of Directors or by a competent Auditor selected by the Board.

Section 6. RECORDS: When the term of office of the officer expires, they shall deliver to their successors all monies, books, papers, and other property belonging to the Association which may be in their possession or under their control, and in the absence of such successor, they shall deliver all such monies, books, papers, and other property to the President of the Association upon the order and direction of the Board of Directors. A Safety Deposit Box shall be maintained for the deposition of all important Documents of the Judson Park Association, Inc. The President, Vice-President, Secretary, and Treasurer shall each have access to this Safety Deposit Box.

Section 7. DUTIES AND POWERS OF DIRECTORS: It shall be the duty of the Board of Directors to care for the property and interests of the Association and to determine policies for the conduct of its affairs, consistent with such specific instruction as the Board may receive from the Association. The Board shall have the power to raise and extend funds to promote the welfare of the Association and to employ all such means, not in conflict with these By-Laws or with the laws of this State, as it may deem proper and expedient to secure the objects for which the Association is organized.

Section 8. MEETING OF DIRECTORS: The Board of Directors shall meet monthly and at such time and place as the President or the Board itself may deem advisable. Five (5) Directors present at meetings of the Board of Directors shall constitute a quorum for the transaction of business of the Association.

Section 9. REMOVAL: The Association may remove from office any officer or director whenever, in its judgement, the welfare of the Association requires such removal, provided that a statement signed by at least (25) per cent of the active members and setting forth the intention to ask for such removal, shall be filed with any member of the Board of Directors, and shall be read at a meeting of the Association called for such purpose. The Association may proceed by a vote of not less than two-thirds of the members present, to carry out and put into effect such removal.

Section 10. VACANCY: In case a vacancy shall occur among the officers or the Board of Directors, said vacancy shall be filled, for the remainder of the un-expired term, by vote of the majority of the Board of Directors.

ARTICLE VI

Section 1. DUES: The annual dues for a membership in this Association shall be seven dollars ($7.00).

Section 2. METHOD OF PAYMENT:

a. New residents of Judson Park occupying their homes after January 1st will be given honorary membership cards for the balance of the fiscal year, which ends August 31st.

b. All dues shall be made in a single payment prior to September 1 of each year.

ARTICLE VII

Section 1. FISCAL YEAR: The fiscal year of the Association shall begin on September 1 of each year.

ARTICLE VIII

Section 1. Special assessments to defray unusual expenses will be presented at. a regular or specially called meeting, but the notice calling the meeting must bring their attention to this fact.

ARTICLE IX

Section 1. These By-Laws may be amended by a two-thirds majority vote of the total number of printed ballots cast.

ARTICLE X

Section 1. Special assessments, impeachments, amendments to the By-Laws and elections shall be by printed ballots only.

ARTICLE XI

Section 1. ROBERTS RULE OF ORDER: (Revised) shall be the parliamentary authority for all matters of procedure not specifically covered by these By-Laws.

ARTICLE XII

Section 1. In order to dispose of or sell any, or all park property, it shall be necessary to have a two-thirds majority vote of the printed ballots cast.

Section 2. In order to make any major improvement in the park area which will exceed three hundred dollars ($300. 00) it shall be necessary to have a two-thirds majority vote of the printed ballots cast. for the conduct of its affairs, consistent with such specific instruction as the Board may receive from the Association. The Board shall have the power to raise and extend funds to promote the welfare of the Association and to employ all such means, not in conflict with these By-Laws or with the laws of this State, as it may deem proper and expedient to secure the objects for which the Association is organized.

Building Restrictions

1. All lots in said subdivision shall be used for residence only. No building other than a single family dwelling, not to exceed two (2) stories in height and a private garage for not more than three (3) cars, shall be erected, altered, placed or permitted on any one lot.

2. No outbuildings of any kind or nature shall be erected, altered, placed or permitted on any lot in said subdivision except: (a) One private garage for not more than three (3) cars which must meet the specifications set forth in provision eleven ( 11) and (b) structures for housing equipment and/or directly related facilities for a swimming pool. Said structures must comprise a part of or be contained within the fence enclosing said swimming pool and must meet the specification set forth in provision 11.

(a) Swimming pools must comply with all state and local health regulations.

3. A private garage building may be annexed to and be a part of the dwelling house, or, may be erected on the rear one-half (f) of any lot, but not less than 16 feet removed from the side boundary line, nor six (6) feet from the rear boundary line.

4. No dwelling, private garage or building previously used as a dwelling or previously occupied for any purposes whatsoever shall be moved or placed on any lot in said subdivision.

5. One story dwellings shall have an area of not less than one thousand two hundred (1200) square feet of floor space, exclusive of breezeways, porches, and/or garages. Two story dwellings shall have first floor area of not less than one thousand (1000) square feet of floor space, exclusive of breezeways; porches and/or garages and the second floor shall be no less than the first floor area.

One and a half story dwellings shall have a first floor area of not less than eleven hundred (1100) square feet of floor space, exclusive of breezeways, porches and/or garages. Multiple level homes shall have a ground floor area of not less than nine hundred (900) square feet of floor space, exclusive of breezeways, porches and/or garages and no less than sixteen hundred square feet (1600) of total heated living space.

6. No building shall be erected, placed, altered or permitted closer than sixty (60) feet from the front lot lines, nor closer than sixteen (16) feet from the side lot line.

7. The exterior of all buildings erected on this subdivision shall be completed, including painting, within six (6) months from date of commencement of construction. No building shall be occupied as a residence until the exterior of the dwelling has been completed and until the sewage and sanitary specifications have been complied with as stipulated in Provision

8. All excavation or other piles of earth, sand or gravel shall be leveled to “rough grade” standard within nine (9) months from start of construction.

8. No privy-vault or outhouse shall be used, maintained or permitted on the premises, but in place thereof, the grantees or occupant shall, at their own expense, install septic tanks and flush toilets of a type, size and design approved by the Health Department of the State of Michigan. No cesspool, septic tank or drain from septic tank, shall be installed nearer than ten (10) feet from the side boundary line of any lot. Provided, however, that where drainage is insufficient a “dry hole” shall be constructed or established in addition to the septic tank.

9. All culverts installed on roads shall be approved by the Oakland County Road Commission, both as to size and installation.

10. All dwellings erected on said premises shall be placed on cement foundations, or equivalent, in compliance with standard building practices and codes of the State of Michigan and ordinances of the Township of Avon.

11. The exterior sidewalls of all dwellings and other buildings erected in said subdivision shall be constructed of new standard and approved materials, including brick, stone or standard wood siding. No outside siding, however, with an asphalt or Celotex base shall be used either in original construction or in repair. Roofs of all buildings shall be covered with shingles of asphalt, asbestos, slate or wood and no roll roofing shall be used except under said shingles. If pitch of said roof make said shingles unusable, said roof shall be built of hot tar construction and gravel or chip stone covered.

12. No house trailer or other type of temporary dwelling shall be, at any time, placed or permitted within said subdivision.

13. No poster, billboard or other advertising shall be erected or displayed on any lot or lots in the Subdivision other than those displayed by the Subdivider in the sale of the property, provided, however, this paragraph shall not prevent any lot owner from placing or having placed on his own premises a ‘For Sale’ sign.

14 No walls or fences except a retaining wall used to retain dirt not to exceed ground level shall be installed between the front of the house and the street. No fences, except picket, post and rail, new woven wire or lattice fences shall be erected upon any portion of any lot in said subdivision. No fence, in any event, shall exceed (5) feet in height.

15. No junk, abandoned automobiles, nor anything shall be allowed, in this subdivision which may become an annoyance or nuisance to the neighborhood. No refuse or other unsightly or objectionable features shall be allowed on any of said lots unless the same shall be properly concealed. Gas, oil or storage tanks of any description shall be placed underground or otherwise out of sight.

16. An easement is hereby reserved over each lot in the subdivision for the installation and maintenance of utility services and drains.

17. The use of all lots shall be subject to all effective provisions of existing zoning and restrictive ordinances and such as may hereafter be enacted by governmental authority.

18. No animals, livestock, fowl shall be maintained or kept on the premises. House pets, except on a commercial basis, are to be permitted. The term “house pets” as used herein shall not include any tamed wild animals such as cheetahs, foxes, or such other animals normally found in a wild state.

19. If the parties hereto or the survivors of any of them, or their heirs, assignees, shall violate or attempt to violate any of the covenants and conditions herein, it shall be lawful for any other persons having title to any real property situated in said plat or any association of lot owners in said subdivision, to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any such covenants or conditions and to prevent him or them from such violations or to recover damages for same.

20. Saving clause: Nothing in the foregoing revised restrictions shall be construed to have the effect of waiving, approving or releasing any existing violations of the former building and use restrictions heretofore imposed upon any lot in this subdivision, and the adoption of the within revised restrictions shall not prevent any action taken or to be taken to abate or enjoin any such existing violators.

21. The foregoing building and use restrictions may be amended at any time by the approval in writing of two-thirds (2/3) of the lot owners in said subdivision.

22. The invalidation of any of these covenants, conditions, limitations or restrictions by virtue of any judgment or Court order shall in no wise affect any of the other conditions, limitations, restrictions, herein contained and they shall remain in full force and effect.

Duties of Committee Chairmen

WELCOMING COMMITTEE

1. Chairman should always be on the alert for new residents and members.

2. Chairman should phone all new residents within fifteen (15) days asking their names, (first and last), names and ages of children, and previous residence and forward information to Membership and Publicity Committee.

3. Chairman should try to introduce new residents to some close neighbors.

4. Chairman should invite all new residents to attend Judson Park Association monthly meetings.

5. Chairman should visit new residents within thirty (30) days.

6. Chairman should fill out filing cards with proper information and forward same to Vice-President for Street Captain¹s use.

7. Chairman should explain the procedure, costs, and advantages of joining Judson Park Association, but do not request the new residents to join.

8. Chairman should notify the Rochester Newcomers Club of all new residents in Judson Park Subdivision.

9. Give new residents an up-to-date copy of Judson Park directory.

10. Chairman should forward a written annual report to the President at least seven (7) days prior to the annual meeting for his approval and filing.

11. Chairman should give an annual report at the annual meeting.

SOCIAL FUNCTIONS COMMITTEE

1. Chairman should plan and carry out all social functions for Judson Park Association as approved by the Board.

2. Chairman should purchase necessary items of refreshments and take same to a predetermined place near or in the park area whenever a work bee is planned.

3. Chairman should plan and carry out preparations for the Judson Park Association Annual Picnic.

4. Chairman should notify Publicity Committee of all social functions in time for public announcement to the residents of Judson Park.

5. Chairman should prepare and forward a written annual report to the President at least seven (7) days prior to the annual meeting for his approval and filing.

6. Chairman should give an annual report at the annual meeting.

ROAD COMMITTEE

1. Chairman should consult with the Oakland County Road Commissioner to see what can be done to help keep Judson Park Subdivision and adjoining roads in good condition.

2. Chairman should take charge of any and all road improvement investigations requested by the Judson Park Association Board of Directors.

3. Chairman should make proper arrangements with the equipment administrator to see that the Judson Park Association equipment is used to the best advantage to aid in keeping the streets in good condition.

4. Chairman should secure a list of qualified equipment operators from the equipment administrator.

5. Chairman should forward a written annual report to the President at least seven (7) days.

RESTRICTION COMMITTEE

1. Committee should become familiar with the Judson Park restrictions.

2. Committee should make themselves known to the Avon Township Offices.

3. Committee should be alert for building restriction violations and investigate same.

4. Committee should study all Plans or Blueprints submitted by residents or builders, and initial them if they are approved.

5. Committee should inspect all new buildings for compliance with Judson Park Restrictions and the Avon Township Building Code.

6. Committee should investigate sufficiently the steps necessary to place an injunction against a building in the event of a violation. (See Township Building Inspector)

7. Committee should use the following procedure for dealing with Restriction Violators:

(a) The Committee should investigate all possible violations and report same to President, Vice-President and/or Board of Directors.

b) After it has been determined that a Violation exists, the committee should take action as indicated by the Board.

(c) If no corrective action is taken by the Violator, the committee with the consent of the Officers and/or Directors should consult with the Violators.

(d) If no corrective action is taken by the Violator, and upon the advice of the Judson Park Board of Directors, the Violation can be discussed with the Avon Township Building Inspector.

(e) If no corrective action is taken by the Violator, the Officers and/or Directors should get the advice of an Attorney. (Have Attorney contact Violator about Violation)

(f) Upon approval of the Board of Directors, legal action should then be considered.

PARK COMMITTEE

1. Chairman should be responsible for carrying out the plans approved by the Judson Park Association Board.

2. Chairman should be in charge of all work in the park.

3. Chairman is responsible for notifying the residents through Officers and Street Captains, of all work bees in the park.

4. Chairman should check with equipment administrator to have proper equipment available when and where needed.

5. Chairman should notify Social Function Committee of work bees so that adequate refreshments can be furnished.

6. Chairman should secure a list of qualified equipment operators from the equipment administrator.

7. Chairman should keep a running log of all work bees, dates, etc.

8. Chairman should be responsible for all trees and shrubs removed from park area.

9. Chairman should forward a written annual report to the President at least seven (7) days prior to the annual meeting for his approval and filing.

1 0. Chairman should give an annual report at the annual meeting.