Thursday, June 13, 2013

By Law Updates 2013


                       

  “Shared Memberships”



By law changes to allow shared memberships

Article IX.  EQUITY MEMBERSHIPS

1.     Types of  Equity Memberships

        Amending the first sentence to read:

        There are four [4] types of Memberships

        by adding
   
        “c.     Shared Property Golf Memberships”

        “d.     Shared Property Social Memberships”
       
        Note:  A “Shared Property Membership” is limited to two persons 
        or couples who totally and jointly own  a single dwelling within
        the immediate area of the Wolf  Laurel Country Club.  A single
        golf or social transfer or initiation fee will be paid and each
        holder shall pay annual dues, food minimums, and assessments.
   
3.      Membership Benefits

         by adding

         Shared Property Memberships.

        A Shared Property Social Membership entitles the users 
        of the membership to all of the dining, lounge and social facilities
        of the Club.
       
         A Shared Property Golf Membership entitles the users 
         of the membership to all of the golf, dining, lounge, and 
         social facilities of the club.

4.       Membership Privileges.

          By adding “Shared Property Social Memberships” and 
          “Shared Property Golf Memberships” where needed.

6.        Voting

           By adding:

           “The holders of a Shared Property Golf Membership
            shall be entitled to two [2] votes total and the holders 
            of a Shared Property Social Membership shall be 
            entitled to one [1] vote total. 

8.        Amended to read “Transferability of Equity Memberships 
          and Shared Property Memberships”

          by adding the following:

          Shared Property Memberships may not be separated or 
          divided in any way and may be transferred ONLY to the 
          other member and by resignation from the Club by the
          transferring member or by the joint assignment by both 
          such members of their membership to a third party 
          approved for membership and upon payment of

          transfer fees.

ARTICLE IX EQUITY MEMBERSHIPS

 “Transfer with a Sale”

Current By Laws:

8.         Transferability of Memberships
a.  Memberships are not transferable or assignable except as provided in Sections 9 or 10 of Article IX.
b.  A member who wishes to transfer a membership (other than one covered by Section 10 of this Article) shall return his membership to the Club, along with a written request to issue a new membership.
c.  To affect any transfer of a membership, the transferee shall sign and file an Application for Membership with the Club.  Upon the execution and delivery of the completed Application for Membership and the payment of applicable initiation and handling fees, the Club shall issue a new membership in the appropriate name(s).  A handling fee shall be required for all transfers of memberships other than gift transfers and transfers to members of the immediate family of the transferor.  The handling fee shall be equal to fifteen percent (15%) of the Members Equity Account. 

Amended to read as follows:

8.    Transferability of Memberships and transfers with the sale of a dwelling

a]  AMENDED TO READ ;  Memberships are not transferable or assignable except as provided in Sections 8, 9 or 10 of Article IX.

by adding d.   to read as follows:

1]     A member in good standing and whose accounts are current, may arrange for the transfer of their membership in the following manner:

2]     The transferee shall submit an Application for Membership in accordance with section 7 of this article.

3]     Upon approval of the Application for Membership and upon payment of the required fees, a membership shall be issued in the proper names and the Equity Account of the transferring member shall be transferred to the Equity Account of the new member.

4]     The fees for the transfer of memberships shall be as established by the Board of Directors from time to time and initially set June 17, 2013 as thirty per cent [30%] of the costs of such a membership at the time, but not less than $2,500.00 for a Golf Membership and $1,250.00 for a Social Membership.

5]    Should the transfer result in a “Shared Ownership Membership”, the total fees charged for such transfer and the creation of such a membership shall be one half of the initiation fees and equity then charged for a Shared Ownership Membership.

6]  No fees shall be due upon the transfer of membership to [a] child[ren] or [a] grandchild[ren], of the member.

“Founder”

Current BY Laws:

Article IX.        EQUITY MEMBERSHIPS
1.         Types of Equity Memberships
            There are two (2) types of memberships:
a.       Golf
“There are two (2) categories: Founder Golf and Golf.  The Founder designation identifies those who committed to membership prior to the acquisition of the Club on April 22, 1999.”
b.       Social
“There are two (2) categories: Founder Social and Social.  The Founder designation identifies those who committed to membership prior to the acquisition of the Club on April 22, 1999.”

2.         Number of Members
The combined total of Founder Golf and Golf Memberships is limited to three hundred fifty (350). Such limit shall not prevent the change in classification of Founder Social Memberships to Golf Memberships. The combined total of Founder Social and Social Memberships shall be limited to two-hundred fifty (250).

3.         Membership Benefits  
Equity Memberships entitle the users of each membership to the following:
a.       Founder Golf and Golf Membership
A Founder Golf or Golf Membership entitles its users to unlimited use of the golf facilities with privileges to reserve tee times as established by the Board.  They shall not be charged greens fees, but shall be charged golf cart fees as established by the Board.
 


b.       Founder Social Membership
A Founder Social Membership entitles the member to change classification to a Golf Membership provided such Golf Membership is available.  A change in classification Equity Payment will be due and shall be the difference between the then current Equity Payments for Social Membership and Golf Membership. An additional amount will be due equal to the difference charged as an Initiation Fee for the last Golf Membership and the last Social Membership sold.
  The users of the membership may use all of the dining, lounge and social facilities of the Club.  They may also use the golf facilities of the Club in accordance with the Club rules and upon payment of the required fees as set by the Board; provided, however, that in the future such users shall not be denied at least limited access to the golf facilities, as determined by the Board.

c.       Social Membership
A Social Membership entitles the users of the membership to all of the dining, lounge and social facilities of the Club.  Such users may use the golf facilities of the Club in accordance with the Club rules and upon payment of the required fees as set by the Board.
4.         Membership Privileges.
Founder Golf Memberships, Golf Memberships, Founder Social Memberships, and Social Memberships shall be issued in the name of the Member, who shall be entitled to all privileges as defined by the Bylaws.  Unmarried dependent children below the age of eighteen (18) residing in the same household as their member parents shall have the same privileges as the Member.  Other individuals using the Club facilities simultaneously with a beneficial user may do so as guests, subject to the Club rules and upon payment of the applicable guest charges.  Notwithstanding the rights and privileges described above, in order to provide the utmost playing pleasure for all members, the Club reserves the right, from to establish rules governing access, sign-up privileges and starting times with respect to the golf course other recreational facilities of the Club.

6.         Voting
On matters to be voted upon by the members, the holders of Founder Golf Memberships and Golf Memberships are each entitled to two (2) votes per membership; the holders of Founder Social Memberships and Social Membership are each entitled to one (1) vote per membership. Voting privileges are to be extended only to members in good standing.
                                               
13.       Changes in Membership Classification
All owners of Equity Memberships shall be entitled to change the classification of their memberships as stated below:
a.         Owners of Founder Golf Memberships may make application in writing to the Board
for a change to a Founder's Social Membership. 
With applications for changes in classification properly submitted and received by the Club prior to January 31 of any year, the Owner shall be obligated for golf dues for the year of application only.  For applications received after January 31 of any year, The Owner shall be responsible for the payment of Golf Membership dues for the year of the Application for Change and for the year following. 
Thereafter, the Member shall be deemed to have surrendered the Founder Golf Membership and shall be issued a Founder Social Membership as a replacement.
At such time as such member resigns from the club, the membership shall be placed on the club’s waiting list.

b.         Owners of Golf Memberships may change their membership classification as above except that they shall be issued a Social Membership as a replacement.
c.         Owners of Founders Social Memberships may change classification to Golf Memberships as stated in Article IX, Section 3.c.
d.         Owners of Social Memberships may make application to the Board and change classification to a Golf Membership if one is available.  The additional Equity Payment due at this time shall be the difference between the amount charged for the last Golf Membership and the last Social Membership sold.  An additional amount will be due equal to the difference charged as an Initiation Fee for the last Golf Membership and the last Social Membership sold.


PROPOSED CHANGES TO THE BYLAWS TO REMOVE REFERENCES TO “FOUNDER” AND TIMELINES FOR CHANGES IN CLASSIFICATION

Article IX.  EQUITY MEMBERSHIPS

Amended to read as follows:

1.      Types of Equity Memberships

        There are two [2] types of memberships:

         a.   Golf
         b.   Social

        Add the following note:

***Persons who committed to membership in the Club prior to its acquisition on April 22, 1999 were designated as “Founder Golf” or “Founder Social”.  As there is no difference in the rights of membership of a “Founder” member and one who is not so designated, the term “Founder” was removed from the bylaws.

A small number of “Non Equity” memberships have been issued.  While holders of such memberships retain the rights originally granted, this practice was discontinued in 2013.

2.      Number of Members

Paragraph deleted and amended to read as follows:  “The total of Golf Memberships is limited to three hundred fifty [350] and the total of Social Membership is limited to two hundred fifty [250].

3.      MEMBERSHIP BENEFITS

a.      Amended to read: “Golf Membership”
    
        “Founder Golf or” is deleted from the first sentence.

b.    Deleted in its entirety

c.     Relettered to read “b.”

4.      MEMBERSHIP PRIVILEGES.    

       The words ”Founder Golf Memberships,”” and “Founder Social Memberships,” and the comma following Golf Memberships are deleted from the first sentence.

6.      VOTING.

The words “Founder Golf Memberships and” and “Founder Social Memberships and” are deleted.

13.     CHANGES IN MEMBERSHIP CLASSIFICATION

NOTE:  CHANGES HERE REMOVE THE WORD “FOUNDER” AND DEFINE THE TIMELINES FOR CHANGES IN CLASSIFICATION   

AMENDED TO READ IN ITS ENTIRETY AS FOLLOWS:

     All Equity Membership shall be entitled to change the classification of their memberships as stated below:

a.  Owners of Golf Memberships may make application in writing to the Board for  change to a Social Membership.  For applications received by the Board prior to October the 31st of a year, Social Membership dues will be due for the following year and thereafter.

b.   Owners of Social Memberships may make application in writing to the Board for      
     change to a Golf Membership.   When approved by the Board, Golf Membership        
     dues for that year will be pro rated.

“Use by Tenants”

Current By-Law:

15.       Rights of Tenants
Tenants of properties owned by an Equity Member are entitled to the use the club facilities.  Evidence of tenancy must be provided.   All tenants shall pay a Temporary Membership Fee and any other charges and fees as determined by the Board.  Tenants of properties owned by Golf Members are required to pay greens fees and cart rental fees.  All tenants are subject to the Club rules. 



Change to allow tenants of member owned residences use of club


ARTICLE  IX.  EQUITY MEMBERSHIPS

15.  RIGHTS OF TENANTS 

Amended so that in its entirety, would read as follows:

A Golf Member wishing to allow tenants who are paying rental for the use of the Member’s residence to have use of the Club Facilities should complete the request form  available at the club.  The member agrees to be responsible for any unpaid damages to club property for which the users are responsible and for any unpaid charges.  The named users are permitted to use the golf, dining, lounge, and social Club Facilities unaccompanied by the member in accordance with Club rules relating to guests.

A Social Member shall have the rights and responsibilities for tenant use of the club as do Golf Members excepting their tenants will  be limited to the same golf privileges as the Social Member.



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