ARTICLE I
Name and Purposes
The name of the corporation shall be "SHAVER LAKE FISHING CLUB", all as set forth in the Articles of Incorporation hereof. The purposes of this non-profit corporation shall be as set out in said Articles of Incorporation of this club.
ARTICLE II
Seal
The corporate seal of this corporation shall consist of a circle having on its circumference "SHAVER LAKE FISHING CLUB", and in the center of said seal the words and figures "Incorporated March 20th, 1937".
ARTICLE III
Members
Section 1: There shall be but one class of membership in this club, consistion of regular members. The membership in this club shall be limited to Twenty Five (25) regular active members, all of whom shall be male persons over the age of twenty-one years.
Section 2: Each person elected to membership in this club must: (a) be of good moral character; (b) pay initiation fee as set out hereinafter, and hereafter pay all dues and fees levied on the mebership hereof; and (c) subscribe his name to these By-Laws, and conform to all the provisions hereof.
Section 3: Each person wishing to become a member of this club must submite his application therefor to the Board of Directors through one of the regular members hereof who shall sponsor any such applicant. Upon said application being acted upon favorably by the Board of Directors, said applicant shall become a member of this club, provided he complies with the provisions of the next preceding sections of this Article.
Section 4: No membership in this club shall be transferable.
Section 5: Any member may at any time resing his membership in the club in writing submitted to the Board of Directors, and said resignation shall become effective upon the payment by said member of all amounts owing to the club by him. Until such payment, regular dues shall continue to be payable by said resinged member, and shall accrue as an indebtedness of said member.
Section 6: Upon the death of any member, his membership shall automatically become vacant, and his estate shall become liable for any unpaid amonts owing to the club, subject however, to the provisions of Article VII of these By-Laws.
Section 7: Any member may be by the vote of two-thirds of the Board of Directors, expelled from the club for failure to conduct himself in an honorable manner, or if he conducts himself in a manner detrimntal to the club, or in a manner calculated to bring the club into ill repute, and for failure to pay any sums due the club. If such member be a Director he shall not be pemitted to attend the meeting of the Directors at which the vote on his expulsion is taken. The member shall be given notice mailed ten days prior to the time of taking such vote, and shall advise the member as to the time and place of said vote. If the member requests, he may be presented with the charges against him, and may be heard in his own behalf by the Board prior to the vote on his expulsion. The member shall not be present at the discussion and vote on his expulsion. Similarily, a member may be suspended from membership for a term to be fixed by the Board of Directors for like reasons and with a like procedure as set out herein for the expulsion of a member.
Section 8: An annual meeting of the members of this club shall be held once every year during the spring of the year, at such specific time as is fixed by the Board of Directors, at witch meeting directors and officers shall be elected, and any and all other business of the club shall be considered and transacted. Any such meeting shall be called by the Secretary, by the order of the President, and a notice by mail shall be sent to members at the last known address of each, siad notice to be mail five days before the meeting, and setting out thetime and place of the meeting. Special meeting when be called in like manner, and fifteen 15 members make a request upon the President to have such meeting called, such request to be in writing, then any such fifteen or more members may call such a meeting by giving a like notice as that required to be given by the Secretary for such a special meeting. Fifty percent (50%) of the membership represented in person or by proxy at any such meeting shall constitute a quorum of the Club for the purpose of transacting business at any such meeting.
Section 9: Each member is entitled to one vote on any matter brought to the vote of the members, and may vote either in person or by written proxy.
ARTICLE IV
Directors
Section 1: There shall be seven (7) Directors of this club.
Section 2: The government and management of this club shall be vested in the Board of Directors, who shall be bona fide members of this club, in good standing. The Board shall have the power:
(a) To elect the officers of this club and to create committees.
(b) To conduct, manage and control the affairs and business of the club, and to make rules and regulations not inconsistent with the laws of the State of California, or the By-Laws of the club for the guidance of the officers, the management and the affairs of the club, and for the government of the members of the club at and around the clubhouse, and the grounds of this club at Shaver Lake.
(c) To fix the annual dues of this club.
(d) In connection with the conduct and management of the affairs and property of this club, to incur indebtedness for the club not to exceed $ 1000.00 , unless the Board has authority to exceed said amount by a vote of the membership, and to authorize the execution by one or more officers of any and all instruments necessary to be executed in connection with the management and business of this club.
(e) To pass all applications for membership as herein provided.
(f) To act in the expulsion of members as herein provided.
Section 3: The Directors shall be elected from the membership once each year at the regular annual meeting, by the vote of the members, and shall serve until the next election at the next succeeding annual meeting, or until their resignation, expulsion or suspension from the club.
Section 4: Any vacancy in the Board of Directors shall be filled from the membership by vote of the remaining Directors.
Section 5: Meetings of the Directors shall be called at the discretion of the President of the Club, or at such times as the Directors decide to have such a meeting, and shall be called by notice mailed to each Director at his last known address, five (5) days prior to any such meeting. Any five Directors may call meetings by such notice when the President refuses so to do.
ARTICLE V
Officers
Section 1: The officers of this club shall consist of President, Vice President, Secretary and Treasurer. The office of Secretary and Treasurer may be held by the same person.
Section 2: The officers are to be elected by the Directors at their first meeting after the annual election of Directors, and each officer shall serve for the next succeeding year and until the election in said succeeding year.
Section 3: Vacancies in any office shall be filled by the Board of Directors, who shall elect a successor to any officer who leaves office for any reason, said successor to be elected from the membership.
Section 4: The President shall preside at all meetings of the members, and at meetings of the Board of Directors. The officers of this club shall be ex officio members of the Board of Directors. The President shall appoint all committees, subject to the approval of the Board of Directors. The President shall call all meetings of the membership, and of the Board of Directors as herein provided, and shall have general supervision over the affairs of the club.
The Vice President shall fulfill all duties of the President, in the event of the absence or incapacity of the President.
The Secretary shall keep a written record of the proceedings of the club and of the Board of Directors. The Secretary shall give notice of the meetings at the direction of the President, and perform all other duties assigned to him by the Board of Directors, and the President.
The Treasurer shall keep the books and accounts of the club, collect the dues and fees, and disburse such money as he is autherorized to disburse by the Board of Directors.
ARTICLE VI
Dues and Fees
The initiation fee of this club shall be in such amount as the Directors may from time to time fix. The annual dues and assessments shall likewise be fixed by the Board of Directors from time to time and the members shall pay at the due date fixed by the Board such assessments, fees or charges as may be from time to time fixed by the Board.
ARTICLE VII
Cabin Use
Section 1: Those members of this club who have erected cabins upon property owned or leased by the club shall have the right to the exclusive use of the cabin so erected by such member, together with his family, during such time as said member is in good standing as a member of the club and has paid all dues and assessments. In the event any member who has a cabin on the properties of the club at any time resigns, or at any time is ejected from the club for cause, and ceases to become a member in good standing, then and in that event, the right to use the cabin which said former member had erected upon the properties of the Shaver Lake Fishing Club shall cease; provided, however, that said former member shall have the privilege of offering said cabin and the exclusive use thereof to a member of this club in good standing, and to have and receive such consideration as may be agreed upon by the former member and the member in good standing, but this right of said former member shall terminate one year after the termination of the membership of said former member. After the expiration of said one year period, the Board of Directors of this club shall have the right to offer the exclusive use of said cabin to such other member of this club in good standing, at such fair consideration as to be reasonable, and to sell the said exclusive use of said cabin to such member of this club in good standing who may desire to purchase the same, and the net proceeds received from the sale thereof shall be paid unto the former member, less all expenses incident to the transaction.
Section 2: In the event of the death of a member, the eldest son of said member, or such other son as may desire to become a member in the event the eldest son does not desire so to do, may apply for and become a member of this club, in the place and stead of said deceased member, in the event said son is 21 years of age or over, and shall have the privilege of achieving membership without the payment of the initiation fee Charged to others, provided, however, that such son who applies for membership must be accepted and approved by the members in the same manner as any other person applying for new membership.
Section 3: In the event of the death of a member, it shall be the policy of this club, but without creating any property rights in any member or the heir of any member, to permit the family of said member to have the exclusive use of any cabin upon the property of the club which said member had at the time of his death, provided, however, that the family of said member shall pay all of the dues and assessments regularly assessed against members of the club, and provided further that the family of such member shall obey all rules and regulations of the club at all times and shall be subject to ejection by the club and the loss of the use of said cabin in the event of violation thereof or in the event of delinquencies in the payments of dues or assessments, and provided further that the party in the family of said member desiring to succeed to the use of said cabin of the deceased member shall make application to the club for such succession and shall be approved by the Board of Directors of this club prior to the time that the succession to use said cabin shall become effective. It is generally to be understood that the "family of a member" for the purposes of this By-Law, shall consist of the widow and children, only, and that the surviving widow, if any, shall make the application for successior to right of use, and if none, the eldest child of the age of 21 years or over shall make the application. If a surviving widow and family succeed to the use of a deceased member's cabin, and at that time there is a son 21 years of age or more, the son may apply for membership in the club and be accepted as a member upon the vote of the Board of Directors and without paying the initiation fee; and in the event a surviving widow succeeds to the right of use of such cabin and thereafter, during the time of such use, a son of said deceased member attains the age of 21 years, such son, upon attaining such age, may apply for membership in this club and may be accepted therein without payment of the initiation fee, upon the vote of the Board of Directors.
Section 4: If, at the death of a member who has a cabin upon the club property, neither the widow nor any adult child desires to succeed to the right of possession of the cabin, or if there is none capable of succeeding to the right of possession, the heirs or legal representatives of the deceased member shall have the right, within one year of death, to transfer the right of possession of such cabin to a member of this club in good standing, at such price as they may agree upon, and after one year, then the Board of Directors shall have that right, and may sell the right of possession at such fair consideration as the Board of Directors may determine, and pay the consideration over the lawful heirs of the deceased member, less the costs incident thereto.
Section 5: Nothing in the foregoing expression of policy any right of ownership of property at the club premises, and the foregoing By-Laws are only expressions of policy and may be for cause modified by the Board of Directors in any particular instance.
Section 6: Wherever in this By-Law the word "son" is used, the same shall be deemed and construed to include the word "Son-in-Law".
ARTICLE VIII
Amendment to By-Laws
These By-Laws may be altered, amended or new By-Laws adopted anytime by the vote of two-thirds of the Board of Directors or by the vote or written assent of not less than 51% of the members of this club in good standing, said vote to be evidenced either by written assent to the adoption or amendment of such By-Laws, or to be at a regular or special membership meeting called for the purpose of considering By-Laws, at which such meeting members may vote in person or by written proxy submitted at such meeting, and the vote of 51% or more of the membership, either in person or by proxy, shall be necessary and required to adopted, alter or amend these By-Laws.
KNOW ALL MEN BY THESE PRESENTS:
That we, the undersigned, Directors and Secretary of the club known as "Shaver Lake Fishing Club", do hereby certify that the above and foregoing By-Laws were duly adopted as the By-Laws of said club on the 11th day of June, 1976, in the place and stead and in lieu of By-Laws originally existing and that the same do now constitute the By-Laws of said club. The undersigned, each being a member of said club, by such signature as Director, do likewise consent and agree to the adoption of such By-Laws members
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DIRECTORS
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Secretary
The undersigned member of Shaver Lake Fishing Club does hereby consent to the adoption of the foregoing By-Laws and agrees to be bound thereby.
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PROPOSED ADDITION TO BY-LAWS OF SHAVER LAKE FISHING CLUB
It now appearing that various club members have availed themselves of the privilege to build summer cabins on the properties leased by the Shaver Lake Fishing Club, and it appearing that many of the members are interested in perpetuating the membership in the Club so that the son of a member might enjoy the continued good will and fellowship of the Club and the facilities of the Club after the death of a member, and it further appearing that something should be done to define the policy of the Club as concerns the continued use and occupation of the cabins of the members in the event of a death of a member, and it further appearing that some declaration of intention should be placed in the By-Laws without, however, granting any property right to any member, the following amendment to the By-Laws is now proposed.
RESOLVED: That the By-Laws of the Shaver Lake Fishing Club, a corporation, be and they are here by amended, by the addition of the following By-Law, to-wit:
1. Those members of this Club who have erected cabins upon property owned or leased by the Club shall have the right to the exclusive use of the cabin so erected by such member, together with his family, during such time as said member is in good standing as a member of the Club and has paid all dues and assessments, in the event any member who has a cabin on the properties of the Club at any time resigns, or at any time is ejected from the Club for cause, and. ceases to become a member in Good standing, then and in that event, the right to use the cabin which said former member had erected upon the properties of the Shaver Lake Fishing Club shall cease; provided, however, that said former member shall have the privilege of offering said cabin and the exclusive use thereof to a member of this Club in Good standing, and to have and receive such consideration as may be agreed upon by the former member and, the member in Good standing, but this right of said former member shall terminate one year after the termination of the membership of said former member. After the expiration of said one-year period, the Board of Directors of this Club shall have the right to offer the exclusive use of said cabin to such other member of this Club in good standing, at such fair consideration as the said Board of Directors shall in its sole discretion determine to be reasonable, and to sell the said exclusive use of said cabin to such member of this Club in good standing who may desire to purchase the same, and the net proceeds received from the sale thereof shall be paid unto the former member, less all expenses incident to the transaction.
2. In the event of the death of a member, the eldest son of said member, or such other son as may desire to become a member in the event the eldest son does not desire so to do, may apply for and become a member of this Club, in the place and stead of said deceased member, in the event said son is 18 years of age or over, and shall have the privilege of achieving membership without the payment of the initiation fee charged to others, provided however, that such son who applies for membership must be accepted and approved by the members in the same manner as any other person applying for new membership.
3. In the event of' the death of a member, it shall be the policy of this Club, but without creating any property rights in any member, or the heir of any member, to permit the family of said member to have the exclusive use of any cabin upon the property of the Club which said member had at the time of his death, provided however, that the family of said member shall pay all, of the dues and assessments regularly assessed against members of the Club, and provided further that the family of such member shall obey all rules and regu1ations of the Club at all times and shall be subject to ejection by the Club and the loss of the use of said cabin in the event. of violation thereof or in the event of delinquencies in the payments of dues or assessments, and provided further that the party in the family of said member desiring: to succeed to the use of said cabin of the deceased member shall make application to the Club for such succession and shall be approved by the Board of Directors of this Club prior to the time that the succession to the use of said cabin shall become effective. It is generally to be understood that the "family of a member", for the purposes of this by-law, shall consist of the widow and children, only, and, that the surviving widow, if any, shall make the application for succession to right of use, and if none, the eldest child of the age of 18 years or over shall make the application. If a surviving widow and family ???? to the use of a deceased member's cabin, and at that time there is a son 10 years of age or more, the son may apply for membership in the Club and may be accepted as a member upon the vote of the Board of Directors and without paying the initiation fee; and in the event a surviving widow succeeds to the right of use to such cabin and thereafter, during the time of such use, a son of said deceased member attains the age of 18 years, such son, upon attaining such age, may apply for membership in this Club and may be accepted therein without payment of the initiation fee, upon the vote of the Board of Directors.
4. If, at the death of a member who has a cabin upon the Club property, neither the widow nor any adult child desires to succeed to the right of possession of the cabin, or if there is none capable of succeeding to the right of possession, the heirs or legal representatives of the deceased member shall have the right. within one year of death. to transfer the right of possession of such cabin to a member of this Club in good standing, at such price as they may agree upon, and after one year, then the Board of Directors shall have that right, and may sell the right of possession at such fair consideration as the Board of Directors may determine, and pay the consideration over to the lawful heirs of the deceased member, less the costs incident thereto.
5. Nothing in the foregoing expression of policy and by-laws shall be deemed or construed to vest in any member any right of ownership of property at the Club premises, and the foregoing by-laws are only expressions of policy and may be for cause modified by the Board of Directors in any particular instance.
6. Wherever in this By-Law the word "Son" is used,, the same shall be deemed and construed to include the word "Son-in-Law.
It is proposed that the following additional by-law be adopted to govern the initiation fee and the hook-up charge for the water system: BE IT RESOLVED: That the By-laws of this Club shall he amended. by the addition of the following by-laws, to-wit:
1. That upon the initiation of a new member, said new member shall pay into the treasury of this Club as an initiation fee, the sum of $_____, and that upon any application for membership in this Club, the application shall be accompanied by a check of the applicant in said amount.
2. That in the event any party having a cabin on the property of this Club desires to connect to the water system which the Club has erected, said member shall pay the sum of $50.00 at the time of hooking up to said water system.