BHOA By-Laws

Braeloch Homeowners Association

Braeloch I Association Inc.   By Laws

As Revised 06-01-2024

1. An Annual meeting of the members will be held in the spring of each year to elect the Board of Directors and the Architectural Control Committee for the following 12 months, a Semi-Annual Meeting will be held in the fall to review the actions since the previous semi-annual meeting.  (revised 11/1/96, revised 4/14/12)

 2. Other member meetings will be held upon petition of 10% of the members.

 3. The Bylaws may be changed by a majority vote of the members attending a properly announced meeting.  Thirty percent of the members must be present to constitute a quorum for this purpose.

 4. Prior to the Annual Spring Meeting the Board will seek nominations for the Board of Directors positions for the following 12 months.  The Board shall solicit candidates from the Braeloch Homeowners either by phone, email, written request or direct contact.  The nominations shall be coordinated by the Board Secretary, who shall report progress and results back to the Board of Directors.  The Absentee Ballot will be prepared no less than two weeks prior to the annual meeting to include the names of those nominated up to that time.  The Absentee Ballots will then be sent to the Braeloch Homeowner’s Association members.  Nominations may also be made from the floor at the Annual Meeting.  (Revised 3/27/04, revised 4/14/12, revised 06/01/2024)

5. Deleted 11/1/96

6. A financial report, up-dated with information since the previous financial report, will be presented at the Annual and Semi-Annual Meetings.  (revised 11/1/96, revised 4/14/2)

7. An Audit report for the previous 12 months will be presented at the Annual Meeting. The Auditor will be appointed by the Board in December of the previous year.  (revised 11/1/96, revised 4/14/12)

8. The Board will provide for the retention of records of the proceedings at each Member and Board Meeting as well as financial records.

9. All records will be available for inspection by any member by request.

10. The President and Treasurer of the Board of Directors shall share (either/or) signature authority for the financial accounts of the Association.  (added 11/1/96)

11. A properly announced meeting is one for which notification of date, time, place and topic is provided to the members of the Association at least 7 days in advance.  Notification will be by U.S.P.S. mail and email to Braeloch homeowners.  (added 11/1/96, revised 06/01/2024)

12. The Board of Directors is authorized to spend, as they may see fit, up to $500.00 per expenditure to further the purposes of the Association; to include, but not limited to, the following types of activities: Association social events, support to Association charities, support organizations such as the Montmorenci Fire Department, and County, State and Federal taxes.  (added 11/1/96, revised 4/14/12)

13. Members of the Board of Directors who miss 3 out of 4 scheduled Board Meetings are subject to replacement at the discretion of the remainder of the Board.  The Board may also replace a member of the Board of Directors who resigns, is unable to continue to serve or is no longer a property owner in the Braeloch Neighborhood.  Replacements shall be made through nomination by the President with approval required by the remainder of the Board.  The replacement shall hold the position of the vacating Board Member and will complete the term of the vacating Board Member.  (added 9/28/97, revised 4/14/12, revised 9/19/2020)

14. Lot owners submitting construction proposals to the Architectural Control Committee must do so by providing a copy of the plan for construction to any member of the committee.  ACC will record each submission on a form containing the lot owner name and address and a description of the project.  The ACC decision will be recorded on the form, along with a description of any additional restrictions or conditions, and the form will be signed by at least two of the three ACC members.  A copy of the signed form will be sent back to the lot owner for his records.  The original of the form, with a copy of the plan attached, will be retained in a historical file maintained by the ACC. NOTE: All plans must be submitted PRIOR to any construction to be in compliance with the Braeloch covenants. (added 3/9/02)

15. (added 9/13/03) The Braeloch Covenants contain requirements pertaining to structures, the construction of which requires Architectural Committee review/approval.  A structure, in this context is defined as:

“Any construction or piece of work artificially built up or composed of parts joined together in some definite manner.  That which is built or constructed; and edifice or building of any kind.  A combination of materials to form a construction for occupancy, use or ornamentation whether installed on, above or below the surface of a parcel of land.” (Blacks Law Dictionary) or on or into a pond.  This includes construction of any type pond or pool.

Some items considered to be structures and require Architectural Committee review/approval before construction are shown below.  This list is not all-inclusive.  Contact the Architectural Committee for anything not on the list, or for which you have questions.

·         Buildings (connected to a pad or sitting on the ground without a pad)

o   Residential buildings

o   Garages

o   Bathhouses

o   Barns

o   Stables

o   Storage Buildings

o   Utility Buildings

o   Outbuildings

o   Sheds

o   Additions to buildings

·         Decks

·         Patio type pads

·         Athletic or recreational facilities, non-moveable (incl. playground sets)

·         Fences and gates (any that abut roads or internal fencing other than small decorative landscape type fences)

·         Driveways /Roads (poured or laid)

·         Swimming Pools (in-ground, permanent above-ground, surrounding pads/decks/patios, pool equipment pads)

·         Concrete pads over sixteen (16) square feet

·         Tanks (on or under-ground, fuel, or water)

·         Wells

·         Water or sewage systems

·         Utilities

·         Ponds and associated items (regular, dams, spillways both normal and emergency) (note the approval for ponds, dams, spillways, and emergency runarounds/spillways is simply for placement only and Braeloch is not responsible for design or engineering)

·         Lily Ponds

·         Docks

·         Decks extending into ponds 

The following do not require Architectural Committee approval

·         Lamp posts

·         Sprinkler systems

·         Small above-ground “removable” pools

·         Small decorative landscape fences

·         Mailboxes/paper boxes

·         Movable playground sets

·         Area lighting

·         Deer netting

·         Small water gardens/fountains

16. The Board of Directors shall be comprised of four (4) officers and four (4) members elected annually by the Homeowners in an election as spelled out in the bylaws.  These (8) eight Board Members will serve on the Board until the adjournment of the Homeowners meeting at which the next election is held.  In the case where the current President is not reelected, he/she will remain on the Board in the position of Past President for the term of one year.  This position will be a “non-voting” position and will serve as a transitional tool for the new board.  In the case where a current President is elected to position on the Board other than President, the position of Past President will remain vacant.  In the case of the President being reelected to the position of President, the position of Past President will remain vacant.  (revised and approved 3/7/2020 unanimously at HOA meeting)

17. Three (3) of the members on the Board of Directors will be elected to and perform all duties and responsibilities as the Architectural Control Committee for the Braeloch Subdivision.  The fourth Board of Director member will be elected to and act as the Braeloch Events Coordinator.  (added 9/13/03)

18. At the annual election of the Braeloch Board of Directors, each of the eight (8) shall be voted upon separately in the following order: President, Vice-President, Treasurer, Secretary, three (3) Architectural Control Committee members, and the Events Coordinator. If there are more than three (3) nominees for the Architectural Control Committee, each voter may vote for 3 nominees and the 3 nominees receiving the highest number of votes will be elected.  (added 9/13/03, revised 4/14/12)

19. A homeowner that is unable to attend a regular or specially called meeting to vote on a Braeloch Homeowner’s Association Officer, Architectural Committee Member or Events Coordinator, may vote absentee by 1) presenting their signed ballot in a sealed envelope to an Officer of the Braeloch Homeowner’s Association Board of Directors, 2) by U.S. mail to an Officer of the Braeloch Homeowner’s Association Board of Directors, 3) by other carrier (e.g., UPS, FedEx) to an Officer of the Braeloch Homeowner’s Association Board of Directors, or 4) by email to the Secretary of the Braeloch Homeowner’s Association Board of Directors.  Emails must originate from a recognized email address submitted to the Homeowners Association for use in the Braeloch contact list.  Homeowners are responsible to notify the BHOA Secretary of any email address change.  All ballots must be signed by the lot owner in order to be counted.  Only one vote per Lot will be accepted, and a voting member for the lot at the meeting will negate the absentee ballot.  (added 9/13/03, revised 06/01/2024)

20. Homeowners Association dues are due and payable at the beginning of each

calendar year.  Monthly reminders will be sent to the email on record until payment is

received.  A reminder is also included in the paper invitation to the

semi-annual Homeowners Association Spring Meeting.  If payment is not received by April 15, 

a $25 late payment fee will be added to the bill.  If payment is not received by September 01, an additional $25 will be added to the bill.  Any account that remains unpaid by October 31 will have a lien placed upon the property for unpaid fees.  The cost of filing the lien and mailing costs will be added to the account.  (revised and added to Bylaws 9-19-2020)