Adopted by Association Members Vote - November 2017
BY-LAWS FOR SCARE CANYON RANCH ASSOCIATION
The following are adopted as the administrative bylaws of Scare Canyon Ranch Association, a Utah nonprofit corporation (hereinafter “Scare Canyon” or “Association”).
ARTICLE 1
PLAN OF LOT OWNERSHIP AND INCORPORATION 1.1 Submission. These Bylaws are adopted by the owners of lots in Scare Canyon after having first been voted and approved by the Scare Canyon lot owners. These Bylaws shall govern the administration of the Scare Canyon Ranch Association. 1.2 Conflict. In the event of any conflict, incongruity or inconsistency between the provisions of these Bylaws and the provisions of the Articles of Incorporation or any amendments thereto, the Articles of Incorporation shall govern and control unless it is clearly intended that the Bylaws were intended to govern. The objective of these Bylaws is to set forth the administrative provisions by which Scare Canyon shall operate. 1.3 Office and Registered Agent. The Registered Agent of the Association shall be the President or Secretary of the Association and the Registered Office of the Association shall be the office of the President, Secretary, or such other place as designated by the President. 1.4 Bylaws Applicability. All present and future Land Owners (hereinafter “Owners”), residents and their guests, licensees, invitees, servants, agents or employees, and any other person or persons who shall be permitted at Scare Canyon shall be subject to and abide by these Bylaws.
ARTICLE II
ASSOCIATION 2.1 Composition. The Association of Owners is an Association consisting of all Owners within the boundaries of Scare Canyon (Exhibit A). All Land Owners will be assessed an annual fee for the maintenance of Scare Canyon Resources. 2.2 Place of Meeting. Meetings of the Association shall be held at the principal office of the Association or at such other suitable place as may be designated by the Board and stated in the notice of meeting. 2.3 Tri-Annual Membership Meeting. Unless otherwise designated by the Board, the Tri-Annual membership meeting of the Association shall be held at 7:00 o’clock p.m. on the second Thursday of the months, (March, August and November) or at such other suitable day, date and time as may be designated by the Board from time to time. When such day is a legal holiday, the meeting may occur on the first business day thereafter. The place of meeting shall be designated by the board and may change as needed.
Throughout the year, landowner’s written comments and/or recommendations may be submitted to the secretary for consideration by the Board and to be addressed at the November Tri-Annual Meeting. For example, repairs, maintenance, projects, etc. Said comments and/or recommendations may also be submitted to the SCRA Web Site under the heading “OUR NEWS”. All recommendations and/or comments must be submitted no later than 30 days prior to the November Tri-Annual Membership Meeting for consideration.
Tri-Annual Owners Association Meeting Agendas to include, but not limited to:
March Association Meeting. New Business, Assessment fees, budget and financial disclosure
August Association Meeting. Hunting Permits, Call for Elections, budget and financial disclosure
November Association Meeting. Etc.
2.4 Special Meetings. The President shall call a special meeting (a) if he or she so desires, (b)if a majority of the members of the Board of Directors direct him to do so, or (c) upon receipt of a petition signed and presented to the Secretary of the Board by at least twenty-five percent (25%) of the of the Association Land Owners. The notice of any special meeting shall state the date, time and place of such meeting and the purpose thereof. No business shall be transacted at a special meeting except as stated in the notice. 2.5 Notice of Meeting. It shall be the duty of the Secretary to give notice of each Association meeting of the Owners not less than ten (10) days nor more than 45 days in advance of such meeting. The notice should state the agenda and purpose thereof as well as the date, time and place where it is to be held, to each Owner of record. The mailing of a notice of meeting in the manner provided in this Section shall be considered service of notice. 2.6 Notification by Mail, Website and Email. Any notice permitted or required to be delivered by the Board or from the Association to the Owners may be delivered either personally, by U.S. mail, or by electronic means. (a) Notices by mail shall be deemed to have been delivered 72 hours after a copy of the same has been deposited in the United States mail, postage prepaid, addressed to each Owner at their last known post office address which is obtained in January of every year from the Cache County Assessor’s Office; or at the address given to the secretary by the primary owner of record on the Cache County Tax ID Listing. Such addresses may be changed by Owner from time to time by notice in writing to the Secretary. (b) If notice is by electronic means, any notice delivered by the Association to Owners under the provisions of the Articles of Incorporation or these Bylaws may be sent by electronic means, including text message, email, Facebook, Twitter, the Association's website, or any other electronic means reasonably and fairly intended to give notice to the Owners. The Association shall maintain records of all notices sent by electronic means, including the electronic address to which notice was sent. When a notice is sent electronically, the Association shall first compile a list of Owners’ current electronic addresses (such as email or text messaging addresses or other types of well known electronic forms, such as Facebook) and the Association shall send notification of all Association meetings and business to the electronic address of the Owners. The Association Secretary shall thereafter send an electronic notice, via email or a comparable electronic means, of all Association meetings and business to those Owners who do not object to electronic notification in this manner. A member may, by written demand, require the Association to provide notice to the Land Owner by mail.
(c) If notice is by personal means, notice may be delivered to Owners by hand delivery directly to the Owner or a responsible occupant of an Owner’s home, or by certified mail. 2.7 Voting. Each Lot shall have one vote in connection with the ownership of their property as described in the Scare Canyon Ranch Association Articles of Incorporation. For owners of multiple lots the Association will only recognize and allow one vote. 2.7a Voting Requirements. An Owner shall be deemed to be “entitled to vote” at any meeting or at any special meeting of the Association or a vote by mail-in ballot if, and only if, he/she is current with their annual assessment fee. 2.7b Proxies. The votes appertaining to any lot may be cast pursuant to a proxy or proxies duly executed by or on behalf of the Owner, or in cases where the Owner is more than one person, by or on behalf of all such persons. No such proxy shall be revocable except by actual written notice to the person presiding over the meeting, by the Owner or by any of such persons, that it be revoked. Any proxy shall be void if it is not dated, if it purports to be revocable without notice, or if it is not signed by a person having authority, at the time of the execution thereof, to execute deeds on behalf of that person. Unless it expressly states otherwise, a proxy shall terminate automatically upon the adjournment of the first meeting held on or after the date of that proxy. Each proxy must be filed with the Secretary of the Board before the meeting. Only the legal representative of a Land Owner may submit a proxy vote. 2.7c Voting by Written Ballot. The Association may conduct a vote of the Owners by written ballot as provided in the Utah Revised Nonprofit Corporation Act (Title 16, Chapter 6a, Part 7,Section 709), or in any other manner provided by the Act. 2.7d Quorum. If a vote is cast by mail in ballot, a quorum is established by 51% of all ballots mailed out. If 51% of ballots are not returned, Land Owners will be re-petitioned. After re-petitioning, if 51% of the ballots are not returned, the majority of the returned ballots will establish a quorum for voting. However, with the exception of voting on any changes and/or amendments to the Bylaws and/or Articles of Incorporation, a quorum of 67% of total Land Owners is required. Re-petitioning of the land owners will be necessary until such a quorum is reached. 2.8 Conduct of Meeting. Meetings to be conducted according to Roberts Rule of Order which is posted to the SCRA Web Site for reference. The President shall, or in his absence the Vice-President, preside over all meetings of the Association; the Secretary, or designee shall keep the minutes of the meeting and record in a Minute Book all resolutions adopted by the meeting as well as record of all transactions occurring there at. All meeting minutes will be posted as draft to the SCRA Web Site within 2 weeks of the meeting. 2.9 Order of Business. The order of business at all meetings of the Association shall be as follows: (a)Meeting called to order, welcome by President or Board (b)Reading of minutes of preceding meeting; (c)Reading of Itemized Treasurer Report (d)Reports of officers; (e)Report of special Boards, if any; (f) Nomination or volunteer of two to three Land Owners for Ballot verification if applicable (g)Election of Board Members, if applicable; (h)Unfinished business; and (i)New business (j) Open forum for Land Owners’ questions and/or comments (k) Meeting adjournment.
ARTICLE III
BOARD OF TRUSTEES 3.1 Powers and Duties. The affairs and business of the Association shall be managed by the Board of Trustees. The Board of Trustees shall have all of the powers and duties necessary for the administration of the affairs of the Association in accordance with the provisions of the Articles of Incorporation and may do all such acts and things necessary to operate and maintain the affairs of the Association. Subject to any limitations or provisions contained in the Articles of Incorporation the Board shall be responsible for at least the following:
(a)Preparation of an annual budget; any and all major expenditures and equipment purchases are to be included in the March General Meeting notification agenda to be presented to and voted on/approved by the Land Owners; (b)Determining the annual assessment fees of the Land Owners (to be voted on by the Land Owners); (c)Managing the Association; (d)Maintaining the Roads, Maintenance Building, and water; (e)Opening of bank accounts on behalf of the Association and designating the signatories required therefor. (f)Managing the Collection of Assessments; (g)Depositing the collections within 7 business days into a federally insured interest bearing account or accounts; (h) Adopting and amending rules and regulations; after a quorum vote of the Land Owners (i)Making, or contracting for the making of, repairs, additions, and improvements to, or alterations of roads, water, security and Maintenance Area, in accordance with the Articles of Incorporation and other provisions of these Bylaws. (j)Commencing legal action if necessary; for the safety and security of Land Owners and preservation of Association resources (k)Purchasing and maintaining insurance for the Association and the Board; (l)Paying the cost of all services rendered to the Association (m)Keeping books and records of the Association; (n)Providing and maintaining keys and locks; (o)Paying any amount necessary to discharge any mechanic’s or material man’s lien or other encumbrance levied against the Association. (p)Giving notice of unpaid assessment fees; (q)Making emergency repairs; (r)Evicting non-Owners in violation and misuse of Association resources, and Bylaws (s) Establishing and enforcing hunting regulations 3.2 Composition of Board of Trustees. The Board of Trustees shall be composed of at least five (5) but not more than nine (9) members of the Association. 3.3 Qualification. Only individual Owners or officers or agents of SCRA Owners in good standing shall be eligible for Board Membership. Only one owner per lot shall serve on the Board at any given time.
3.5 Regular Meetings. Regular meetings of the Board shall be held from time to time and at such time and place as shall be determined by a majority of the members of the Board, but no less often than monthly. The second Tuesday of each month shall be designated for meetings of the board unless otherwise decided upon by the members of the board. During the month of October, no board meeting will be held due to the big game hunt. 3.6 Special Meetings. Special meetings of the Board may be called by the President, Vice-president or a majority of the members with at least forty-eight (48) hours prior notice to each member. Such notice shall be given personally, by regular U.S. mail postage prepaid, by telephone or electronic means, and such notice shall state the date, time, place and purpose of the meeting. Any meeting attended by all members of the Board shall be valid for any and all purposes. Special meetings must be documented by minutes of the meeting being recorded. 3.7 Quorum. At all meetings of the Board, a majority (67%) of the members then in office shall constitute a quorum for the transaction of business, and the acts of the majority of all the Board members present at a meeting at which a quorum is present shall be deemed to be the acts of the Board. If, at any meeting of the Board, there be less than a quorum present, those present must adjourn the meeting and reschedule for no shorter than two (2) days nor more than 5 days and give notice of the rescheduled meeting to the members not in attendance. 3.8 Vacancies. Vacancies in the Board caused for any reason should be filled by the alternate with the highest number of votes at the last General Meeting election held. 3.9 Removal of Board Member. Any elected member may be removed, with substantiated cause, and a successor elected, at any duly called regular or special meeting of the Association at which quorum of the Association is present, by an affirmative vote of a majority of the members of the Association attending the special meeting. Any Board member whose removal has been proposed by the Board, or, by the Owners shall be given at least thirty (30) days’ notice of the calling of the meeting and the purpose thereof and an opportunity to be heard at the meeting. Any Board Member who misses twenty-five percent (25%) or more of the Board Meetings in any 12 month period or who misses three (3) consecutive meetings in any calendar year, without excused absence, shall be automatically removed from the Board. 3.10 Compensation. Board members shall not be compensated for their services but shall be reimbursed for all expenses reasonably incurred in connection with Board business and approved by the Board. 3.10a. The Secretary and Treasurer of the board will be compensated commensurate with the approval of the salary by the members of the board. 3.10b. Members of the board or other association members who are approved to perform road maintenance or other long term duties shall be compensated at a salary commensurate with the approved amount decided by the board and may change from year to year. 3.11 Conduct of Meetings. The President and/or Vice President shall preside over all meetings of the Board and the Secretary, or alternate, shall keep a Minute Book of the Board recording therein all resolutions adopted by the Board and a record of transactions and proceedings occurring at such meetings. All meeting minutes will be posted to the SCRA Web Site within three (3) weeks after approval. 3.12 Board Meetings. A portion of any meeting of the Board may be open discussion to all members of the Association upon request. The Board shall establish procedures, policies, and guidelines for conducting of its meetings, retiring to executive session, and prohibiting photographs and/or any electronic (video or audio) recordation of the meetings, or any part thereof unless approved by a quorum of the board. 3.13 Executive Session. The Board may, with approval of a quorum, adjourn a meeting and reconvene in an Executive Session to discuss and vote upon private, confidential, sensitive or personnel matters, litigation, and orders of business of a similar nature. The nature of any business to be considered in an Executive Session shall first be announced in open session. 3.14 Report of Board. The Board shall present at each tri- annual meeting, and when called for by vote of the Association at any special meeting of the Association, a current statement of the business and condition of the Association. 3.14a First and foremost an itemized report of budget, expenditures and balances of all financial accounts held; 3.14b. Business to include but not be limited to report on non-profit status, water rights, past, present and future project descriptions, etc.
ARTICLE IV
NOMINATION AND ELECTION OF BOARD MEMBERS 4.1 Nomination Process. The process for the nomination and election of the Board of Trustees shall proceed as set forth herein. 4.2 Nominations. Nominations for election to the Board may be made by a member in good standing. Those nominated as candidate must be the person who is listed on the Cache County Record, or receive a notarized letter from the person listed on the Cache County record stating they assign the nominee as the representative.in there behalf for no less than the length of the term. All letters must be sent to the secretary prior to the ballots being mailed out for vote in order for nominee to be valid. Nominees shall have the opportunity to communicate their qualifications to the members and to solicit votes.
Time will be added to the beginning of the August General Meeting to call for nominations, introduce candidates, and to state the voting guidelines. Timeline will as follows: Sepetmber15 - All Nominations to be received and annotated by the Board Secretary from the August General Meeting Minutes, in writing or via email October 15 – Full list of Nominees and Ballots to be mailed to all Association Land Owners from the current year’s tax roster November 1 – All Ballots to be returned to the Secretary, Ballots must be post marked no later than 1 November to be considered and counted. If hand-delivered, the Secretary will initial and date the unopened/sealed envelope in the presence of the Land Owner
4.3 Nomination Approval. Anyone nominated as a candidate prior to or at the Association’s election meeting should have first granted their approval and affirmatively stated that he or she is willing to serve for the term if elected. 4.4 Nominations. The names of the candidates recommended by the Association members shall be included in the Notice of the vote sent to members of the Association, and may be included on proxy ballots, notice of written ballots, and absentee ballots sent to members. Write-in candidates are permitted. 4.5 Election. The Board shall prepare and distribute a ballot to each Owner by mail. Each lot is entitled to one vote as provided in the Articles of Incorporation and Bylaws. For owners of multiple lots the Association will only recognize and allow one membership interest and vote. Voting shall be by secret ballot only as required by the Articles of Incorporation.
At the tri-annual meeting in November of each calendar year, results of mail in votes will be announced for the election of new Board members. All ballots will be counted by at least 2 (two) members of the board and one or more Association member(s) who are not related to any Board member, or candidate.
ARTICLE V DUTIES OF THE OFFICERS 5.1 Designation. The principal officers of the Association shall be a President, a Vice-president, a Secretary and a Treasurer, all of whom shall be elected by the association members. The Board may appoint assistant secretaries and such other Appointees in a temporary capacity as in its judgment may be necessary. 5.2 President. The president shall be the principal executive officer of the corporation and subject to the control of the governing board, shall in general supervise and control all of the business and affairs of the corporation. He shall, when present, preside at all meetings of the members and of the governing board. He may sign, with the treasurer and any other designated officer of the corporation thereunto authorized by the governing board, checks, deeds, mortgages, bonds, contracts, or other instruments which the governing board has authorized to be executed, except in cases where the signing and execution thereof shall be expressly delegated by the governing board or by these By-Laws to some other officer or agent of the corporation, or shall be required by law to be otherwise signed or executed; and in general shall perform all duties incident to the office of president and such other duties as may be prescribed by the governing board from time to time 5.3 Vice-president. The Vice-president shall, in the absence or disability of the President, perform the duties and exercise the powers of the President, subject to the control of the governing board and shall perform such other duties as the Board or the President shall prescribe. If neither the President nor the Vice-president is able to act, the Board shall appoint a member of the Board to do so on an interim basis. 5.4 Board of Trustees In general the Board of Trustees control the different elements that comprise the operation of the Association. Each Trustee is assigned an area of responsibility by the President such as hunting administration, security, water and springs, key administration, roads and culverts, Bylaw, fences, gates and signs, and fire prevention/emergency awareness. The President may reassign duties and responsibilities at his discretion and as required. 5.5 Secretary. The Secretary or designee shall attend all meetings of the Board and all meetings of the Association and record all votes and the minutes of all proceedings in a book to be kept by him or her for that purpose and shall perform like duties for Boards when required. He/she shall give, or cause to be given, notices for all meetings of the Association and the Board and shall perform such other duties as may be prescribed by the Board. The Secretary shall compile and keep current at the principal office of the Association, a complete list of the Owners and their last known post office addresses which will be obtained from the Cache County Assessor’s Office each January. This list shall be open to inspection by all Owners and other persons lawfully entitled to inspect the same, at reasonable hours during regular business days. The Secretary shall also keep current and retain custody of the Minute Book of the Association, containing the minutes of all annual and special meetings of the Association and all sessions of the Board including resolutions. The Secretary shall provide the webmaster a copy of all approved minutes of board meetings, membership meetings or special meetings no later than 3 weeks after approval of the minutes of the meeting for website recording purposes. The secretary is not a voting member of the board 5.6 Treasurer. The Treasurer shall have custody of all funds and securities. Two (2) signatures are required for all checks and vouchers. Signatures will be that of the authorized representatives of the board, which may change from year to year . He/she shall keep full and accurate records of receipts and disbursements, shall prepare all required financial data, and shall deposit all monies and other valuable effects in such depositories as may be designated by the Board. He/she shall disburse funds as ordered by the Board, taking proper vouchers for such disbursements, and shall render to the President and members, at the regular meetings of the Board, or whenever they may require it, an account of all his transactions as Treasurer and of the financial condition of the Association. The Treasurer shall render to the President and members of the Association a full financial disclosure and itemized accounting of all monies. A copy will be available at each of the Tri-Annual General Meetings. The treasurer is not a voting member of the board. 5.7 WebMaster The WebMaster will be the official source of communications for the Association’s Web Page. All submissions will be reviewed and approved by the Board for content appropriate to the Association.
ARTICLE VI
FISCAL YEAR The fiscal year of the Association shall be the calendar year consisting of the twelve month period commencing on January 1 of each year and terminating on December 31 of the same year. The fiscal year herein established shall be subject to change by the Board should it be deemed advisable or in the best interests of the Association.
ARTICLE VII
AMENDMENT TO BYLAWS Amendments. These Bylaws may be modified or amended by the affirmative vote of a quorum (67%) of the members of the Association. Amendment’s may be made by the board for emergency purposes only and cannot be deemed as permanent until a quorum of the association votes on the amendment. Any amendment created by the board must be voted on by mail-in ballot of all association members within 180 days of proposal before amendment can be made permanent.
ARTICLE VIII
COMPLIANCE, CONFLICT, AND MISCELLANEOUS PROVISIONS 8.1 Compliance. These Bylaws are set forth in compliance with the requirements of the Articles of Incorporation. 8.2 Conflict. These Bylaws are subordinate to and are subject to all provisions of the Articles of Incorporation, except in those cases where the provisions of the Bylaws are clearly intended to govern. All of the terms hereof, except where clearly repugnant to the context, shall have the same meaning as they are defined to have in the Articles of Incorporation except in those cases where the provisions of the Bylaws are clearly intended to govern.
Severability. If any provisions of these Bylaws or any section, sentence, clause, phrase, or work, or the application thereof in any circumstance is held invalid, the validity of the remainder of these Bylaws shall not be affected thereby and to this end, the provisions hereof are declared to be severable. 8.3 Waiver. No restriction, condition, obligation, or provision of these Bylaws shall be deemed to have been abrogated or waived by reason of any failure or failures to enforce the same. 8.4 Captions. The captions contained in these Bylaws are for convenience only and are not part of these Bylaws and are not intended in any way to limit or enlarge the terms and provisions of these Bylaws. 8.5 Construction. Whenever in these Bylaws the context so requires, the singular number shall refer to the plural and the converse; the use of any gender shall be deemed to include both masculine and feminine, and the term “shall” is mandatory and “may” permissive. 8.6 Effective. These Bylaws shall be effective upon recording in the Office of the County Recorder of Cache County.
ARTICLE IX
Members (Land Owners)
Section 9.1 Qualifications. The corporation has been organized specifically for the purpose of maintaining, improving and repairing common roads, development and control of springs and water systems, control of grazing and hunting, and to provide for personal contacts and socialization among the members and their families by providing social and recreational activities, and to promote those activities on certain real property located in Cache County, State of Utah, which is more particularly described in Exhibit “A” (Landowners’ Directory) to these By-Laws.
The members of Scare Canyon Ranch Association (SCRA) shall consist of those persons (i.e., individuals, partnerships, corporations, trusts, or other legal entities), who own property/properties as identified in Exhibit “A” or the current Cache County tax list, who own property within Scare Canyon Ranch Association boundaries.
Partnerships, corporations, trusts or other legal entities will be authorized members interest equal to the number of deeded properties. The membership is limited to actual ownership (as appears on the current Cache County tax list) and does not extend to a lessee or their successors. The number of membership interests will not exceed the number of deeded properties.
Section 9.2. Membership Interests. Landowners of the corporation are limited to only one membership interest in the corporation per lot. Any further subdivision of any lots will not result in an increase of membership interests. A membership interest runs with the land and is transferable to the new deeded owner of the land. Upon transfer of said property, new owners will notify the Board of Trustees in writing and provide owner’s name and address of record. All membership interests are valid only in the year dues and fees are current. For owners of multiple lots within the association, the Association will only recognize and allow one membership interest. The association will not accept dues to be paid on more than one lot per owner; however, the association will accept donations of any and all monies donated by single or multiple lot owners without compensation as to votes, keys, hunting permits or any other compensations.
Section 9.2(a). Nothing herein shall be construed to limit or impair any property rights that have vested prior to the foregoing By-Laws. Any further subdivision will not result in increased membership.
Section 9.2(b). A person shall remain a member of the association and in good standing during such time as he retains any interest in the real property described in Exhibit “A” and said member is not delinquent in maintenance fee. That upon transfer of said interest, that person shall no longer be a member of the Association. In the event of the death, dissolution or termination of a member, the estate, legal representative or successor in interest of the member shall possess the same rights and obligations with respect to the association as the member possessed.
Section 9.2(c). Properties can only be used for cabin sites and recreational purposes. No renting, leasing, timeshare, industrial or commercial business enterprise shall be conducted on SCRA. Commercial sale of trees, vegetation and soil is prohibited. Transfer of material originating in Scare Canyon and intended for sale cannot be transferred out of Scare Canyon by any means, including, but limited to ground transportation or air transportation. Roads maintained by the association cannot be used by members or non-members to transport any natural resource and/or product intended to be sold as a profitable business.
ARTICLE X
Water, Keys, Roads, Hunting, Fencing and Trespass
Section 10.1 Water. There are 23 springs and/or points of diversion within the SCRA boundaries belonging to SCRA in accordance with the “Quit Claim” deeds #399195 dated December 1976 and #413317 dated November 1977. With the exception of some deeds filed before SCRA, Inc., and in accordance with the above-cited deeds, the association owns all springs and water as described in these deeds as well as all rights-of-way appertaining thereto. Any modifications, hookups, or improvements to existing water systems, or development of new water sources (wells, springs, etc.) MUST be approved in writing by the governing board. Effective with the date of these bylaws, no member may have a direct water line from the SCRA owned springs hooked up to their established structures or ponds. All water users must have a storage tank/cistern. Tampering with any portion of the SCRA owned water system shall result in loss of water and/or prosecution as decided by the board. Non-Fee paying land owners will be restricted from the use of SCRA water.
Section 10.2 Keys. The governing board will control and issue gate keys. All keys will be numbered and a list will be maintained as to whom has each numbered key. *All keys will be transferred from the previous owner to the new owner and those numbered keys so annotated in the Association’s key list. It is the responsibility of a new buyer to get the key(s) from the previous land owner; keys will be sold to new buyers in accordance with below stated guidelines.
10.2(a). Price of keys will be determined as follows:
One (1) key will be provided to primary designated land owner of record on Cache County Tax ID listing.
Up to six (6) keys may be issued to each property in good standing with the association at a cost equal to the cost of the keys.
Additional keys may be requested for additional owners listed on recorded Deed.
Lost keys may be replaced at the discretion of, and at a cost to be determined by the board.
10.2(b) Re-keying will be conducted as determined by the governing board. At the time of re-keying, each landowner will be issued new keys, one for one, for keys traded in at actual cost. When a trade-in key(s) is/are not available, keys will be purchased at cost. State and County officials will be provided new keys at no cost. It is the responsibility of the land owner to control the keys and to not allow non-owners access without the express written consent of the lot owner. No keys will be attached to lock boxes or hidden in discrete locations anywhere, for any reason.
Land owners who have not paid annual assessment fees will be issued 1 key. Additional keys may be purchased after the past three (3) years and current assessment fees are paid.
Section 10.3 Roads. All common roads will be maintained by the association. Road maintenance is not only required for owner access, but also for fire equipment in case of fire. Common roads are all roads within SCRA boundaries not to include private driveways. As the association itself has no common ground except for roads, all roads require all owners to cross property belonging to others on a right-of-way easement between 30 and 60 feet wide, owned by SCRA. No gate(s) will be installed on common roads by any landowner. The association can provide road work for private individuals, cost to be determined by the governing board, and time determined by operator availability.
Section 10.4 Trespass. As all property in SCRA and all property surrounding SCRA is privately owned, motorized travel other than on common roads could be considered trespassing. All motorized vehicle access is prohibited other than on established roads, and will be considered trespassing and can result in the privilege of hunting and/or ATV usage being withheld by the governing board for one or more full years for either or both activities. No cutting down trees, removing gates, fences, etc. is allowed. In most cases downed, tagged game should be removed without the use of motorized vehicles. Hunters should attempt to get landowners’ permission before retrieving downed or wounded game if game crosses onto posted property. Anyone while hunting not displaying a current year sticker on or in the windshield or front part of an ATV are subject to challenge by SCRA security or any SCRA member. This is especially true during the hunting season.
Section 10.5 Posted Property. Property owners can post their property “No Trespassing” and/or “No Hunting” as per the Utah State statute. Signs posted are the responsibility of each land owner and will not be installed by the Association. Landowners must declare in writing to the board their posted property 6 weeks prior to the opening of the first hunt of the season. The board will provide a map of posted properties, and will have available at the August General Meeting and issued with all hunting permits
Section 10.6 Hunting Permits. Hunter numbers will be controlled by limiting the number of permits. This number of permits, per membership, will be determined by the governing board on a year to year basis. Up to six (6) permits can be issued by the governing board at their discretion. Permits are only valid on paid owners’ non-posted property/properties. Owner must have yearly maintenance fees paid before getting permits. Permits will be issued to the deeded land owner as listed on the Cache County tax list. These permits are not transferable from one property owner to another; this means one landowner cannot receive permits and give them to another. They are also non‑transferable from one hunter to another; meaning they can only be used by the same person for the hunting season. For owners of multiple lots the Association will only recognize and allow one membership interest which means no more than six (6) hunting permits can be issued to any persons owning more than one lot. Multiple owners may pay maintenance fees, but only one (1) member per property will be allowed permits. Hunting permits will be issued in conjunction with shaded maps of posted properties. The board reserves the right to modify SCRA hunting regulations on a year to year basis as required but may NOT close hunting altogether unless done so by State regulation.
Section 10.6(a). Moose Hunting. All members hunting moose must possess a special SCRA moose hunting permit to accompany the original permit. The moose permit is not an extra permit and is limited to family members only. Permits should be visible and are subject to challenge by SCRA security or any SCRA member.
Section 10.6(b).Guest Hunters. Guest hunters must be accompanied by the landowner except for security personnel. Hunting permits do not replace a proper Utah state hunting license. Violation(s) of this section or rules set forth by the governing board, state game laws, and acts of vandalism can result in hunting permits being withheld for up to 5 years, time based on severity of offense, and to be determined by the governing board. Land owners will be responsible for any violations by their guests.
ARTICLE XI
Maintenance, Improvements and Assessments
Section 11.1 Maintenance and Improvements. The governing board at their January meeting will make a determination as to the maintenance, improvements and repairs to be made during the fiscal year, and an estimation of such maintenance, improvements and repairs and for conducting the business of the corporation shall be made.
Section 11.2 Assessments. The governing board shall meet on or before the third Thursday of February to determine the amount to be assessed against each membership interest in the corporation. Within fifteen (15) days after such meeting of the governing board, the trustees shall cause to be sent to each member a statement of the amount required to be paid to the corporation for maintenance, improvements, and expenses of the corporation for that fiscal year, which amount shall be due and payable within forty-five (45) days after the mailing of such notices to the members. Membership dues for unpaid new association members will be paid at the regular rate (no late charges). The current active governing board in any fiscal year can recommend a change in the amount assessed against each membership interest in the association at the beginning of that fiscal year and must be approved by vote of the association members within 90 days of new assessment before it can be enforced. A credit of 50.00 will be credited to the next years dues for members who volunteer and show up to help on SCRA work projects.
Section 11.3 Delinquent Payments. If any assessment is not paid in full within the forty-five (45) day period after the due date, it shall be delinquent and a late fee determined by the governing board shall be added. The officers and trustees of the corporation are authorized to take any and all action at law or in equity as they may deem necessary or desirable to collect such amounts. The delinquent member shall be required to pay all reasonable costs and expenses, including attorney’s fees, incurred by the corporation in collection of any such delinquent amounts..
ARTICLE XII
Fiscal Year
The fiscal year of the corporation will end December 31 and begin January 1st.
ARTICLE XIII
Contingencies
Any contingencies not covered by the By-Laws will be decided by the governing board. The board is authorized to make interim decisions regarding changes to the bylaws until such time as the By‑Laws are revised and voted upon by the general membership. These interim temporary changes will be valid only for a period of 180 days and must be voted on by mail in ballot by the members of the association and included in the revised bylaws as soon as possible or the change will become invalid and the existing bylaws that are currently in effect will take precedence.
ARTICLE XIV
Waiver of Notice
Whenever any notice is required to be given to any member or trustee of the corporation under the provisions of these By-Laws, under the provisions of the Articles of Incorporation, or under the provisions of the Utah Nonprofit Corporation Association Act, a waiver thereof in writing, signed by the person or persons entitled to such notice, whether before or after the time stated therein shall be deemed equivalent to the giving of such notice.
ARTICLE XV
Amendments
These By-Laws may be altered, amended or repealed and new By-Laws may be adopted by the members by a vote of the Association of a majority (67%) of the membership interests in the corporation.
ARTICLE XVI
Contracts, Loans, Checks and Deposits
Section 16.1.Contracts. Within current budgetary guidelines, the governing board may authorize any offer or offers, agent or agents, to enter into any contract or execute and deliver any instrument in the name of and on behalf of the corporation, and such authority may be general or confined to specific instances.
Section 16.2.Loans. No loans shall be contracted on behalf of the corporation and no evidence of indebtedness shall be issued in its name.
Section 16.3.Checks, Drafts, Etc. All checks, drafts or other orders for the payment of money, notes or other evidences of indebtedness issued in the name of the Association, shall be signed by a minimum of two such officers, or agents of the Association and in such manner as shall from time to time be determined by resolution of the governing board.
Section 16.4.Signing of Contracts, Loans, Checks, Drafts, Etc. No two officers who sign association contracts, loans, checks, drafts, etc., can be family members, partners, or otherwise be tied to the same membership interest.
Section 16.5.Deposits. All funds of the corporation not otherwise employed shall be deposited within 7 business days into a federally insured interest bearing account or accounts, to the credit of the Association in such banks, trust companies or other depositories as the governing board may select.
ARTICLE XVII PENALTIES AND APPEALS
Section 17.1. Penalties for nonconformance of any section or article of these by-laws will be as follows:
First offense will be a written request from the board of trustees to property owner to take action to regain compliance with the by-law that was broken. A 45 day grace period will be allowed for property owner to conform to compliance. The grace period can be extended as needed on a case by case basis and must be approved by the board.
Second offense of the same discrepancy will be a monetary assessment of $100.00. a 30 day grace period will be allowed for property owner to conform to compliance.
Third offense of the same discrepancy will be a monetary assessment of $500.00 and legal action may be taken to ensure compliance of discrepancy is resolved. All legal fees, court costs and attorney’s fees will be assessed to property owner separate from initial assessment. No additional grace period will be allowed and conformance will be considered immediate.
Section 17.2. Appeals to notice of requests of non-conformance are allowed and will be accepted by written request to the board within the initial 45 day grace period. Appeals to notice of Second offence will be allowed and will be accepted by written request to the board within the 30 day grace period allowed for second offenses. Appeals to notice of third offense will not be allowed or considered and immediate action is required by land owner.