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Friendly Disclaimer: The Riverside Lakes Homeowners Association along with S.I.D. #177 provide the general information in this website to help guide you. The information is not intended to advise you of any specific rights and the information provided here may not specifically apply to you. The material in this website is for your information only and it is not legal advice.
The name of the organization is Riverside Lakes Homeowners Association, hereinafter referred to as RLHOA. The principal office of the corporation shall be the Riverside Lakes Homeowners Association P.O. Box 155, Waterloo, NE 68069. Meetings of board and homeowner members shall be held in public places within the State of Nebraska, County of Douglas, as may be designated by the Board.
Article III Definitions
“Association” shall mean the property owners of Riverside Lakes.
“Properties” shall mean and refer to the certain real property described in the Protective Covenants and Rules & Regulations and any additions added onto the jurisdiction of the Association.
Section 3 “Common Area” shall mean all real property owned by SID #177 for the common use and enjoyment of the Owners, and shall include the properties whereupon the private, non-dedicated cul-de-sac roads and the common park areas are situated.
“Lot” shall mean and refer to any plot of land shown upon and recorded subdivision map of the properties.
“Owner” shall mean those who own title to the property.
“Declaration” shall mean and refer to the Protective Covenants and Rules & Regulations applicable to the Properties and executed by SID #177. The RLHOA is funded and governed separately from the SID #177 but have a conjoined interest and focus to connect the community of Riverside Lakes.
“Member shall mean the Riverside Lakes Homeowner who pays their annual dues.
Article III Meeting of Association Members
The annual meetings of the members shall be held on the third Tuesday in January.
Special meetings of the members may be called at any time by the President, any Board member, or upon written request by one-fourth of the members who have paid their dues and are entitled to vote.
Written notice of each meeting of the members shall be given by, or at the direction of, the secretary or person authorized to call the meeting by posting a notice, at least seven days before such meeting. Such notice shall specify the place, day, hour of the meeting and in the case of a special meeting, the purpose of the meeting.
The presence at the meeting of members entitled to cast, or of proxies entitled to cast, one-tenth of the votes of membership constitute a quorum for any action except as otherwise provided in the Protective Covenants and Rules & Regulations or these by-laws. If, however, such quorum shall not be present or represented at any meeting, the members in attendance and entitled to vote shall have power to adjourn the meeting from time to time, without notice other than announcement at the meeting, until a quorum, as stated previously, shall be present or be represented.
At the annual or special meetings of members, each member may vote in person or by proxy. All proxies shall be in writing and filed with the secretary. Every proxy shall be revocable and shall automatically cease upon conveyance by the member of his Lot. Proxy votes shall be submitted via office mailing address and will remain sealed until ballots are counted and must be received by a specified date in accordance with the date of the annual meeting.
Article IV Selection and term of Office of Board Members
The affairs of this Association shall be managed by a Board of not less than three or more than seven board members.
At the annual meeting, the members shall elect one-third of the total number of board members for a term of one year, one-third for a term of two years, and one-third for a term of three years. At each annual meeting thereafter, the members shall elect one-third of the total number of board members for a term of three years.
Any board member may be removed from the Board with or without cause by a majority vote of the members of the Association. In the event of death, resignation, or removal of a board member, the successor shall be selected by the remaining members of the Board and shall serve for the term of the previous board member.
No board member shall receive compensation for any service he/she may render to the Association. However, any board member may be reimbursed for any actual expenses incurred in the performance of board duties.
The board members 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 board members. Any action so approved shall have the same effect as though taken at a meeting of the board members.
Article V Nomination and Election of Board Members
Nomination for election to the Board shall be made by a Nominating Committee. Nominations may also be made from the floor at the Annual meeting. The Nominating Committee shall consist of a Chairperson who shall be a member of the Board, and one or more additional parties who need not be members of the Board. The Nominating
Committee Chair shall be appointed by the Board President by the second regular Board meeting that follows the
Annual Membership meeting and will serve until the close of the next Annual Membership meeting. The
Nominating Committee shall make as many nominations for election to the Board as deemed necessary, but not less than the number of vacancies that are to be filled. Such nominations may be made from among members. The Committee needs to initially meet by October and needs to send to all residents a nominating form. The Committee will present their slate of names at the December Board meeting.
Election to the Board shall be made by secret written ballot at the Annual Membership meeting. Voters must be Association members and will be given one vote per property lot.
Article VI Meeting of Board Members
Regular meetings of the board shall be held monthly.
Special meetings of the Board shall be held when called by the President of the Association, or by any two Board members, after not less than three days notice to each Board member.
A majority of the number of Board members shall constitute a quorum for the transaction of business. Every act or decision done or made by a majority of the Board members present at a duly held meeting at which a quorum is present shall be regarded as the act of the Board.
Business at each Board or Annual Membership meeting shall be conducted following an amended version of Robert’s Rules of Order.
Article VII Responsibilities/Authorities and Duties of Board Members
It shall be the duty of the Board to
Article VIII Officers and Their Duties
The offices of this Association shall be President, Vice President, Secretary, and Treasurer, and such other officers as the Board may, from time to time by resolution, create.
The slate of Board members shall be presented at the first meeting of the Board following each Annual Membership meeting of the members.
The officers of this Association shall be elected annually by the Board and each shall hold office for one year unless he/she shall sooner resign or shall be removed or otherwise disqualified to serve.
The Board may elect such other officers as the affairs of the Association may require, each of whom shall hold office for such period, have such authority and perform such duties as the board my, from time to time, determine.
Any officer may be removed from office with or without cause by the Board. Any officer may resign at any time, giving written notice to the Board, the President, or the Secretary. Such resignation shall take effect on the date of receipt of such notice or at any later time specified therein, and unless otherwise specified.
A vacancy in any office may be filled by appointment by the Board. The officer appointed to such vacancy shall serve for the remainder of the term of the officer he/she replaces.
The duties of the officers are as follows:
The president shall set the agenda; preside at all Board and Annual Membership meetings; appoint committee chairs; see that orders and resolutions of the Board are carried out; sign all leases, mortgages, deeds, and other written instruments and shall co-sign all checks more than $100 and Promissory Notes.
The Vice President shall act in place of the President in the event of her/his absence; inability or refusal to act; and discharge such other duties as may be required of her/him by the Board.
The Secretary shall record the votes and keep the minutes of all meetings and proceedings of the Board and of the members; keep the corporate seal of the Association and affix it on all papers requiring said seal; serve notice of meetings of the Board and of the members; keep appropriate current records showing the members of the Association together with their addresses, and shall perform such other duties as required by the Board.
The Treasurer shall receive and deposit in appropriate bank accounts all monies of the Association and shall disburse such funds as directed by resolution of the Board; shall sign all checks and Promissory Notes of the Association; keep proper books of account; cause an annual audit of the Association books to be made by two members appointed by the board; and shall prepare a written annual budget and a statement of income and expenditures to presented and copies given to the membership at its regular meeting.
The Board shall appoint chairs to the following committees: Architectural, Nominating, Social, Safety, Aesthetics, Welcoming, and Telephone Directory, as provided in these bylaws. In addition, the Board shall appoint other committees as deemed appropriate in carrying out its purpose.
The books, records, papers, Covenants, the Articles of Incorporation, and the by-laws of the Association shall be available for inspection by any member through the registered agent.
The Association shall have a seal in circular form having within its circumference the words: Riverside Lakes Homeowners Association – Nebraska – Corporate Seal.
These by-laws may be amended at a regular or special meeting of the members, by a vote of a majority of a quorum of members present in person, or by proxy.
In the case of any conflict between the Protective Covenants and Rules and Regulations and these by-laws, the Protective Covenants and Rules and Regulations shall control.
The fiscal year of the Association shall begin on the first day of January and end on the 31st day of December of every year.