By-Laws

ARTICLE I -NAME

This organization is incorporated under the laws of the State of Florida and shall be known as Estero Heights Improvement Association, Inc. Its office shall be at Estero River Heights, Estero, Florida and it shall be a non-profit corporation.

ARTICLE II -OBJECT

The object of this corporation shall be to maintain and improve the value of all properties in Estero River Heights subdivision; to purchase, hold, sell, etc. real and personal property and bring together its members for mutual benefit and understanding.

ARTICLE III - MEMBERSHIP

Any lot owner my become a member, one vote per lot, by payment of annual dues to be determined by the Association at any Annual Meeting.

ARTICLE IV - PERPETUITY

This Association is created in perpetuity.

ARTICLE V - BOARD OF DIRECTORS

The Board of Directors shall consist of a minimum of three members and a maximum of 10 plus the officers of the Association elected annually at the Annual Meeting.

ARTICLE VI - ANNUAL MEETING

The Annual Meeting of the Estero Heights Improvement Association shall be held at Estero on the first Saturday in March. Notice of such meeting shall be mailed to each member at least 30 days prior to the Annual Meeting or any general meeting called during the year. Such notice shall include agenda proposed for the meeting. Other general meetings may be called throughout the year by vote of the Board of Directors.

The Board of Directors shall meet no later than 2 (two) weeks following the Annual Meeting and shall meet at least quarterly throughout the year. Other Board meetings may be called by the President or any two Board members. It shall be the responsibility of the President and the Secretary to verbally notify each Board member of such quarterly and called meetings so as to insure maximum attendance.

ARTICLE VII - DUTIES

The officers of this corporation shall be: President, Vice President, Secretary and Treasurer.

A. It shall be the duty of the President to preside at General and Board meetings. In case of the President’s absence, the Vice President shall preside. The President is also responsible for insuring that all activities and responsibilities are properly carried out.

It shall be the duty of the Secretary to keep minutes of all General and Board Meetings. Also to handle all Association correspondence as directed or delegated by the President. Also to have overall responsibility for the sending of General Meeting notices and any other items of general information to the Association members.

It shall be the duty of the Treasurer to receive and deposit all funds received, to pay all accounts due after approval by the President or Vice President. The Treasurer shall also keep proper records of all financial transactions and disposition of funds; to assist the Secretary in preparation of notice to members of annual dues and to keep record of dues payments by each individual member.

B. The President shall appoint a Finance Committee of three members from the Board of Directors, excluding the President, Secretary and Treasurer, and shall designate the Chairman of such committee. The Finance Committee shall have the authority to spend up to $100.00 without prior approval for each single instance of need for emergency maintenance and repair needs to Association property.

The Finance Committee shall prepare and present to the Board for approval a yearly budget for routine maintenance and repairs of association property and upkeep of the appearance the subdivision area.

The Finance Committee shall also plan on a yearly basis for improvements to Association property and the acquisition of equipment and facilities for the use and enjoyment of the Association members. This plan shall be accompanied by a budget both of which shall be approved by the Board.

C. The President shall appoint a Social Committee whose Chairman shall be a Board Member.

The Social Committee shall plan and conduct picnics for the membership and other social gatherings as may contribute to the enjoyment and unity of Association members . It shall also greet new residents to the subdivision and express the sympathy and understanding of the Community in instances of family bereavement, illness or other misfortunes which may occur.

D. In the event of any board member becoming unable to serve full term to which elected or resigning before completion of term, the President, with approval of a majority of board members, may appoint a successor to serve for the balance of the term.

In the event of the President becoming unable to serve the full term to which elected or resigning before completion of the term, the Vice president shall assume the full duties of the office.

If six months or more remain of the vacated term, a General Meeting shall be called to elect a Vice President for the remainder of the term.

If less than six months remain of the vacated term, a Vice President shall be elected by a majority of the Board to serve for the remainder of the term unless one month or less remain of the term in which case the board shall discretion in filling the term.

ARTICLE VIII BY-LAW CHANGES

By-Laws may be amended only at the Annual Meeting of the membership by a two-thirds majority with no quorum required. Proposed By-Law Amendments must be read at a Board meeting at least 45 days in advance of the General Meeting. Notice of such General Meeting including Agenda and proposed By-Law Amendments shall be sent to Association members no less than 30 days prior to such meeting.

ARTICLE IX INDEBTEDNESS

The indebtedness of the corporation shall not exceed at any time two-thirds the value of its property. This corporation shall not own over $100,000.00 in realty.

ARTICLE X

All instruments disbursing Association funds or affidavits involving the Association must be signed by any two of the officers for expenditures over $500.00. In the case of instruments disbursing Association funds, one of the signatures must be the Treasurer’s unless circumstances make this impossible. (Revised )

ARTICLE XI

All requests of property owners in Estero River Heights subdivision to erect boat docks in either Tract A or Tract B shall be made to the Board of Directors for their approval and determination that the proposed dock or docks shall meet the requirements set forth in the subdivision deed restrictions.

Further, such docks shall become the property of the Association if the original builder thereof shall dispose of all real property holdings in the subdivision. When such docks become the property of the Association, their future use by subdivision property owners shall be determined by the Board on the first applied for basis and a priority list shall be maintained by the Secretary for the Board.

Issued 1961 Revised January 8, 1977