Bylaws and Rules

BYLAWS OF LYNCO CLUB, INCORPORATED
January 2010

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  • MEMBERSHIP

    SECTION 1:

    ELIGIBILITY FOR MEMBERSHIP

    A Member is a person who has been accepted as such by the Board of Directors and who is current with respect to payment of all dues and assessments. An applicant for Membership will not be accepted unless he or she is a natural person who is:

    The owner of a Lot in Lynwood Lakes Estates subdivision; or,

    The owner of a Lot which has lake privileges under a contract between Lynwood Lakes Company and such person or his predecessor in title made by Lynwood Lakes Company prior to January 1, 1962.; or,

    The surviving spouse, heir or devisee of a deceased Member domiciled in the home of the deceased Member on a Lot having Membership rights, provided that so long as said spouse, heir or devisee continues to reside in said home and pay annual dues, he or she shall not be required to pay an initiation fee; or,

    The owner of a Lot which contains a completed residence, and which is situated on the following streets:

    Lynwood Drive (from Liberty Road to dead end)

    Charolais Drive (from Lynwood Drive to dead end)

    Shiland Drive (from Charolias Drive to dead end)

    Van Noppen Road (from Lynwood Lake to Mossyrock Road)

    Melissa Lane Road (from VanNoppen to dead end)

    Ventura Court between Ventura Road and dead end

    Ventura Drive between Lynwood Drive and Williams Dairy Road

    Whitely Place between Lynwood Drive and Lynwood Drive

    Mockingbird Road between Lynwood Drive and dead end

    (“dead end” for all others streets listed refers to the streets as they existed in January 1, 2018);

    or an eligible tenant as defined in Section 8 of this Article.

    SECTION 2:

    All members shall agree to abide by the rules, regulations and restrictions imposed from time to time by the Board of Directors or as set forth in the deed restrictions. Any Member charged with conduct unbecoming a Member, and against whom such charges are sustained after a due and proper hearing by the Board of Directors, may be reprimanded or suspended or expelled from membership. A two- thirds (2/3) majority vote of the Board of Directors shall be necessary to sustain the charges. The type of punishment must then be separately voted by a two-thirds (2/3) majority vote of the Board.

    SECTION 3:

    Membership will be transferable to surviving spouse in the event of death within the membership year. Otherwise, membership shall not be transferable and there shall be no refund of any initiation fee, dues or other moneys paid by any Member or former Member.

    SECTION 4:

    In the event any person has ceased to be a member of the club for any reason, he shall not be reinstated but may, by meeting the eligibility requirements of a new member, apply for a new membership in the club as set forth in Article IX, Section 4, hereof.

    If membership ceases, former member property, docks etc., must be removed from Lynco property. Lynco property being Lynwood Lake and/or Forbis Lake and surrounding land. Property to be removed at former member’s expense. If said property is not removed, Lynco reserves the right to remove former member’s property and bill former member for said expenses up to and including placing a lien on the former member’s property.

    SECTION 5:

    All members of the immediate family residing in the home of a member shall be entitled to full privileges of membership.

    SECTION 6:

    The Lands referred to in Section 1 of Article I, shall not include any lands purchased or contracts made by Lynwood Lakes Company after January 1, 1962.

    SECTION 7:

    If title to an eligible lot is held by two or more persons, any one of them may apply for membership. Except as provided in Section 5 above, membership privileges shall not apply to more than one person with respect to any one lot and no person may claim additional membership privileges by virtue of owning more than one lot.

    SECTION 8:

    An eligible tenant, as provided below, shall be eligible to apply for Membership: A tenant who actually resides in a home on an eligible Lot is eligible for Membership if either:

    (A)   The owner of the Lot is a paid Member in good standing and continues that paid Membership from year to year during the tenancy and the owner relinquishes in writing his right to use during the tenancy; or,

    (B)   The tenant pays the initiation fee and the Membership fee and continues that paid Membership from year to year.

    In all cases, the tenant’s Membership shall be deemed resigned immediately upon ceasing to occupy a house on the eligible Lot. In such a case and where (A) applies, use will revert back to the Lot owner.

  • SECTION 1:

    The members of this corporation shall meet once each calendar year and the annual meeting of the membership shall be at such place and upon such day and hour set by the President of the corporation and shall be during the month of October of each calendar year. Special meetings may be called by the President or by a notice signed by one-third of the members of the Board of Directors or by a notice signed by 25% of the entire membership of the corporation.

    SECTION 2:

    Notice of either regular or special meetings of the membership of the corporation shall be duly given to the membership, sent by mail or email at least fifteen days prior to such meeting or by publication of a notice in some newspaper of general circulation in Guilford County, North Carolina or posted to the Lynco website, not less than five or more than ten days prior to the holding of the meeting. All notices as herein provided shall show the date, time, place and purpose of such membership meeting.

    SECTION 3:

    The directors shall be elected for one year and such election shall take place at the annual meeting of the membership. One year term will run from January 1 to December 31. If any director of the corporation shall resign or cease to be a member of the corporation for any reason, the Board of Directors shall declare her/his place on the board vacant and shall elect a replacement.

  • SECTION 1:

    The affairs of the corporation shall be managed by the Board of Directors to consist of thirteen members, twelve of which shall be elected as herein provided and the thirteenth shall be the immediate past President. They shall hold office for one year or until their successors are elected and qualified.

    SECTION 2:

    The members of the Board of Directors shall have the power to elect or appoint all necessary officers, agents and contractors, to fix compensation, to prescribe duties and to dismiss any appointive officer or agent and generally to control and manage the affairs of the corporation.

    SECTION 3:

    Any director shall have the right to appoint his or her spouse or another Board Member as proxy to vote for him or her at any meeting of the Board of Directors

  • The directors shall, at the annual meeting of the Board, elect from the membership of the Board a President, one or more Vice Presidents, a Secretary and a Treasurer. The Board shall also designate such committees as may be deemed necessary by the Board and shall designate committees as follows:

    Legal

    Finance

    Lake Care

    Piers & Walls

    Lake Safety

    Membership

    Grounds

    Work Party

    Social

    The President of the Corporation shall appoint the membership of each committee. Any person may hold more than one office and may serve on more than one committee.

  • DUTIES OF OFFICERS AND DIRECTORS

    SECTION 1 – PRESIDENT:

    The President shall preside at all meetings of the Board of Directors and of the membership of the corporation and shall see that all orders and resolutions of the Board of Directors and of the membership are carried out. The President shall execute all conveyances, contracts and agreements authorized by the Board of Directors; shall appoint all the members of all committees; shall sign all certificates of membership and generally guide all of the officers of the corporation in the performance of their respective duties.

    SECTION 2 – VICE-PRESIDENT:

    The Vice-president shall perform the duties of the President in his absence, or at his/her direction, or at the direction of the Board of Directors.

    SECTION 3 – SECRETARY:

    The Secretary shall be the ex-officio Secretary of the Board of Directors and of the corporation. He/she shall keep a record of all proceedings in a book to be kept for that purpose. He/she shall be the custodian of the common seal and shall keep all non-financial books, papers and records of the corporation.

    SECTION 4 – TREASURER:

    The Treasurer shall collect, receive and hold the moneys of the corporation, endorse and collect all checks and negotiable instruments, make authorized disbursements and keep all financial books, papers and records of the corporation including a full and accurate account of the receipts and disbursements of the corporation shall render a full account at the annual meeting of the membership and to the Board of Directors at such time and place as the President may require. The Treasurer may be bonded with a good and sufficient bond for the faithful performance of these duties, at a sum set by resolution of the Board of Directors, and the premium shall be paid by the corporation.

    SECTION 5 – DIRECTORS:

    The Directors may, in the absence of or in the incapacity of any officer, delegate his/her duties and powers to any other officer or to a Director.

    SECTION 6 – FISCAL YEAR:

    The fiscal year of the corporation shall be the calendar year. The books and records of the corporation shall be audited by the Finance Committee and submitted to the annual meeting of the membership in October of each year.

    Item description

  • So long as the membership of this corporation does not exceed 50, 20% of the membership shall constitute a quorum. When the membership of this corporation exceeds 50, but less than 100, the quorum shall be 20% of the first 50 members, plus 5% of all members in excess of 50. When the membership of the corporation exceeds 100, 20 members shall constitute a quorum.

  • The Board of Directors shall promulgate regulations relative to the use of any lakes, streams, ponds or other recreational facilities or common areas belonging to the corporation and a copy of such regulations shall be available on the Lynco website and posted in a common member area on Lynco property. A member may request a printed copy of the regulations from the Board of Directors. The Board of Directors may suspend or revoke the membership of any person who fails to abide by such rules.

  • The Board of Directors shall promulgate regulations relative to the use of any lakes, streams, ponds or other recreational facilities or common areas belonging to the corporation and a copy of such regulations shall be available on the Lynco website and posted in a common member area on Lynco property. A member may request a printed copy of the regulations from the Board of Directors. The Board of Directors may suspend or revoke the membership of any person who fails to abide by such rules.

  • DUES AND INITIATION FEES

    SECTION 1:

    The Board of Directors shall from time to time set annual dues and initiation fees. Dues shall be payable on or before January 1 of each year and any member not paying such dues shall be deemed delinquent on said date. However, the Board may waive initiation fees or waive or postpone dues in cases of hardship or in other special circumstances as the Board may see fit.

    SECTION 2:

    The Board of Directors may, with the approval of the membership, levy special assessments upon members, which assessments shall be considered additional dues.

    SECTION 3:

    In the event of the nonpayment of dues by March 1 of each year, a member shall be barred from the use of club facilities until such dues have been paid.

    SECTION 4:

    In the event a member shall be 12 months in arrears in the payment of dues, he shall be deemed to have resigned from the club and shall thereafter have no right to use the club facilities, nor shall be entitled to reinstate his membership except upon the meeting of the requirements of a new member including the payment of all initiation fees.

  • These Bylaws may be amended only by vote of a simple majority of the membership present at a duly constituted meeting of the membership. Last amended at Annual Membership Meeting, October 2009.

    LYNCO CLUB, INC. RULES AND REGULATIONS (01-01-2018)

    SWIMMING (Swim Area Hours 8:00 AM to Dusk)

    1. No person shall swim alone at any time

    2. No swimming allowed 20 feet beyond the lake shore after 12 noon

    3. No swimming allowed after sunset in the pier/swim area

    4. No swimming allowed on the boat side of the pier

    5. Children 13 years old and under must be accompanied by a competent swimmer who is at least 14 years old.

    6. Dogs must be on leash and clean up after your dogs

    7. No glass containers are allowed in the swim area

    8. No dunking, chicken fights, keep-away, or throwing of objects allowed in swim area

    9. No running on the piers is allowed

    10. No fishing from the pier or the beach area is allowed

    11. No alcoholic beverages are allowed in the swim area

    12. No foul or abusive language is allowed in the swim area

    13. Guests must be accompanied by a Member at all times and have valid wristband

    14. Notice is hereby given that misconduct or abuse of the above rules will, at minimum, result in a warning, duly recorded, by a Board Member. Other discipline may be applicable, at the Board’s discretion. Members are to instruct family members and guests of the importance of water safety and assure that they know Lynco’s rules.

    BOATING

    Except as provided below, all boats used on the lake must be registered and inspected by Lynco Club, Inc. annually. Each boat must have a corresponding Boat Application on file with Lynco Club, Inc. and all motorized boats will have a photograph on file with Boat Application. All authorized boats must display a current year Lynco decal on the right-hand corner of the windshield, or on the stern if there is no windshield. This sticker will be applied by Lynco Lake Safety Committee members following inspection of the watercraft and presentation of required liability insurance information by the member. Members must sign upon receipt of Lynco, Inc. boating rules signifying that they and family members will follow the rules.

    1. No guest boats are allowed on the lake at any time.

    2. No unregistered boat may be test driven or used on the lake without prior permission of the Lynco Board.

    3. Only one motorized watercraft per member allowed to operate on the lake at one time

    4. All boats must comply with U.S. Coast Guard safety rules and regulations as generally applicable to similar inland waters

    5. Boats and skiers must keep to the right, no closer than 25 feet from shore

    6. Boats towing skiers must have at least two competent people in the vessel: a driver to control the path of the boat and a lookout to watch the skier and warn the driver whenever the skier is down

    7. No more than 3 boats towing skiers or other persons in any manner allowed at one time

    8. Speed limit before noon and after sunset and in all areas marked by buoys is 7.5 mph.

    9. All boats operating before sunrise or after dusk must display a light

    10. Except as provided below, the maximum length of boats on the lake is 17 feet for other than pontoon boats and 20 feet for pontoon boats

    11. Motors are limited to 90 horsepower engines.

    12. No inboard motors.

    13. No jet skis of any kind are permitted on either lake in Lynwood Lakes.

    14. Boat trailers must be removed from the Club launch ramp immediately upon launching or retrieving.

    15. Failure to follow any or all of these rules will be addressed by giving a warning to the member; a second offense will result in suspension of all membership privileges for 2 calendar weeks; a third offence will result in suspension of all membership privileges for the remainder of the membership year.

    FORBIS LAKE (small lake)

    1. No boats over seventeen (17) feet in length

    2. No gas-powered engines on any boat – electric trolling motor permitted

    3. All boats must be registered and inspected by Lynco, Inc. and belong to Lynco member

    FISHING (Rule 3 subject to change, check with Board member)

    1. Fishing is allowed at all designated locations of Club property, except at the pier surrounding the swim area.

    2. All carp and all tagged fish, regardless of size, when caught, are to be returned to the lake.

    3. All bass under 13 inches, when caught, are to be removed from the lake. All oter fish caught, including, but not limited to, carp, brim, crappie and catfish are to be returned to the lake as quickly as possible and as unharmed as possible (rule subject to change, check signs and Newsletter).

    4. No net fishing.

    5. Bait fish must not come from Lynwood Lakes.

    GENERAL

    1. Open fires on Lynco property are prohibited.

    2. Fires set in authorized containers (e. g., barbecue grills) will be attended at all times and completely extinguished when no longer needed.

    3. Carelessness or vandalism resulting in damage to Club property is to be reported to a Member of the Board of Directors, or to the Guilford County Sheriff’s Department, by any Member witnessing such action.

    4. The use of alcoholic beverages is prohibited on Club property

    5. The Lynco Club, Inc. Board of Directors may revoke or suspend the Membership or membership privileges (including those of members of the Member’s household) of any Member who refuses to abide by its Bylaws, rules, and regulations; or who is found to be guilty of conduct unbecoming a member including participation in any action that is determined by an appropriate vote of the Board of Directors to constitute a nuisance or hazard to the community. In such event, there shall be no refund of any dues or fees paid.

    6. Lakeside property owners wanting to build, replace, or improve docks and/or walls must have construction plans approved in advance by the Lynco Board since these structures will be on Lynco property. The following rules are to be followed:

    1. Dock can not extend into the lake more than fifteen (15) feet from shore – must be anchored to ground or shore

    2. Dock plans have to be approved by the Lynco Board prior to construction

    3. All property with dock(s) have to renew yearly membership. If membership is suspended or not renewed, dock and all structures must be removed from Lynco property

    4. Additional structure on member Dock:

    1. Dock owner has all responsibility for removal and retrieval if damaged or blown away

    2. No permanent (shingled) roofing or side walls permitted

    3. Structure must be “temporary” in nature – for example, poles only screwed into to the top boards of the dock’s decking

    4. Structure must be maintained and replaced/removed if Board deems in disarray

    5. Structure can be no bigger than 14′ x 14′ square and no taller than 11′ at it’s tallest point

    6. Lynco Board must approve all structures on Lynco property

    7. All docks and retaining walls may be inspected each year for safety and appearance by members of the Lynco board. Any action deemed necessary by the inspector will be reported to the Board of Directors, who have authority to require the property owner responsible to remove, repair or replace any dock or wall determined to be unacceptable.

    8. The water level of the lake is controlled by a device used to plug the dam. When deemed necessary, the plug shall be removed to lower the water level. Lynco will not be responsible for any property or other damage resulting from changes in water level. There is scheduled lowering of each lake – Lynwood Lake (big lake) is scheduled to be lower on the years ending in “0” and “5”. Forbis Lake (small lake) is scheduled to be lowered on the years ending in “0”.

    9. If an expelled member member(s) do not make restitution or correction for their conduct unbecoming a member during the expulsion, or if the board for any reason feels the safety of others may be at risk, then no membership will be granted for as long as the board deems necessary.

    These rules and regulations are provided for the safety and welfare of all Lynco Club Members and their guests. So that all Members receive the maximum benefit from Lynco property, all Members must become familiar with and comply with these rules and regulations. It is imperative that SAFETY be the primary concern for all who use Lynco recreational facilities. Members will at all times and in all ways be responsible for their guests.

    Lynco Board of Directors

Covenants

(This is a retyping of the original)

(These Covenants are part of the deed to all property located within Lynwood Lakes Estates)

North Carolina

Guilford County                                                                                    Restrictive Covenants

             Know all men by these presents that the undersigned home owners do hereby covenant and agree that the following described real property located in Fentress Township, Guilford County, North Carolina.  As hereby described shall be and is hereby subject to the following restrictive covenants running with the land as to the use thereof and by whomsoever owned.  Said real property being restricted being more particularly described as follows:

            Lynwood Lakes Estates subdivision, section 1, plat book 27, page 69; section 2, plat book 27, page 70; section 3, plat book 28, page 92: section 4, map 1, plat book 29, page 79; section 4, map 2, plat book 29, page 80; section 5, plat book 31, page 70; and section 6, plat book 34, page 28, in the office of the register of deeds of Guilford County, North Carolina.

            The restrictive covenants hereby imposed and running with the land are as follows.  These restrictions do not apply to lot 8.

  1. Said property shall be used for residential purposes only except that this restriction shall not prohibit the use of said property for the erection of churches and schools.

  2. Said property shall not be re-subdivided into lots having a frontage less than the frontage of said lots as shown on the recorded plat..

  3. Said property shall not be used for business, manufacturing or commercial purposes, nor shall any animals or fowls shall be kept or allowed to remain on property for commercial purposes, and no animals other than household pets shall be kept or allowed to remain on property for any purpose, nor shall anything be done on said property which is a nuisance or annoyance to the community.

  4. No dwelling shall be erected or allowed to remain on said property if the ground floor area of the main structure exclusive of one-story open porches and garages shall be less than 1400 square feet in the case of a one story structure or less than 1200 square feet in the case of a one and one-half or two-story structure.

  5. No building of any kind shall be erected or allowed to remain on said property unless the plans and specifications therefore shall meet the then current minimum federal housing administration building requirements, and no residence of a temporary character shall be erected or allowed to remain on said property, and no trailer, basement, tent, shack, garage, barn or other outbuilding erected on said property shall be used as a residence either permanently or temporarily.

  6. All residences erected on said property shall be connected with a sanitary sewer if any there be any in the streets abutting the front of said lots.  In the event sanitary sewers are not available, said buildings shall be connected with septic tanks installed in accordance with the specifications of the Guilford County Board of Health or other authority having jurisdiction and in no event shall any outdoor toilets or other outdoor sanitary facilities be erected or allowed to remain on any of said lots.

  7.  No building shall be erected or allowed to remain on any of said lots closer to the property line of the streets abutting said lot than the building line shown on the recorded map; and from the front property line to a depth of 15 feet beyond the rear line of the main building, there shall be kept open a side yard along each side of said lots and the minimum width of any such side yards shall not be less than 10% of the minimum width of the lot provided that screened or open porches and carports may be erected within 3 feet of any side lot line and provided further that the front building line provided shall not apply to steps or stoops in any event or to unenclosed porches which do not project more than 5 feet beyond the same; provided further that minor violations of the restrictions contained in this paragraph may be waived in whole or in part at any time by an agreement executed by the owners of the adjoining lots affected thereby.

  8. The invalidation of any one or more of the foregoing covenants and restrictions by judgment, court order, or otherwise shall not in any way affect any of the other covenants and restrictions, which shall remain in full force and effect.

  9. The original deeds from the developer of this subdivision provided for an extension, by recorded instrument signed by a majority of lot owners, of the restrictions set forth in the deeds from the developer.  It is the intent of this instrument to renew and extend original deed restrictions number 1 through number 7, in order to bind all lot owners not signing this instrument.  The length and duration of said extension shall be the same as and governed by number 10 set forth below.

  10. The covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of twenty-five years from the date these covenants are recorded, after which time said covenants shall automatically be extended for successive periods of ten (10) years unless an instrument signed by a two-thirds majority of the then owners of the lots has been recorded, agreeing to change said covenants in whole or in part.

In witness whereof, the undersigned lot owners have hereunto set their hands and seals, or if corporate, have caused this instrument to be signed in its corporate name by its duly authorized officers and its seal to be hereunto affixed by authority of its board of directors, this the 14th day of May, 1988.

Coley V. Cox
Donald Allman
Hilda Deaton
Richard Travers
Ruth WhiteFred Swearington
Joan Norris
David Olson
James Bullock, Jr.
Daniel HalseyBetty Swearington
Lois Travers
Cecile Olson
Joseph White
Robin HalseyJames Testerman
John Beasley
Helen Beasley
Clayton Gardner
Nancy GardnerJune Testerman
Clement Vance, Jr.
G. Allen Wilson
William JonesRobin Allman
Burnell Vance
Alice Wilson
Elizabeth Jones

7 other signatures whose names could not be read from the photocopy. Please note that this is a re-typing and may differ from the original.