HOA Bylaws

The purpose of this Association shall be to protect and promote the best interest of the residents of Walnut Creek and to promote and strive for the improvement and betterment of all public facilities and services within said area. The term Walnut Creek shall be defined as Walnut Creek Unit #1, including Tract 12.

This Association shall do everything and anything reasonably and lawfully necessary, proper or suitable for the achievement of the purposes stated above. The above statement of Association purposes shall not be construed as a statement restricting or limiting in any way, the general powers of this Association.

A member shall be defined as those persons whose name is on the property deed within Walnut Creek Development # 1, including Tract 12, and have paid their annual dues for current year.

An Associate Member shall be defined as any person living in a residence in Walnut Creek Development # 1, including Tract 12 residences, and are not listed on the property deed. They are a non voting member.

Each lot owner in the Walnut Creek HOA has the right to cast ONE vote, regardless of the number of persons on the deed, on any covenant revision matters affecting the Association at membership meetings. Any member(s) shall have the right to one vote each during votes for election of officers, and other non-covenant revision issues. Only dues paying members may vote on general issues and in elections. All lot owners, regardless of dues paying status, are eligible to vote on covenant changes.

The mandatory dues are $45.00/year for each household in Walnut Creek Development # 1, including Tract 12, and shall be due and payable at the WCHOA annual meeting. Dues not paid by a WCHOA Development # 1 household, including Tract 12, within (90) ninety days following an annual meeting shall result in that owner household being considered a non voting member of the WCHOA Development # 1, including Tract 12. The WCHOA reserves the right to place a lien on properties within Walnut Creek Development # 1, including Tract 12, that have not paid their annual dues. The lien would be equivalent to the amount of the current dues each year they are not paid, plus a late fee of $15, plus legal fees. Voting rights will be reinstated immediately upon payment of back dues, plus a late fee of $15. Mandatory dues payments are effective starting January 2015, and back dues would be applicable beginning with 2015.

Any household purchasing property after February 1 shall be assessed at the amount of one twelfth (1/12) of the annual dues times the months remaining in the fiscal year. Proration may occur during the first (1st) year of residency in Walnut Creek.

Any household purchasing property after February 1 shall be assessed at the amount of one twelfth (1/12) of the annual dues times the months remaining in the fiscal year. Proration may occur during the first (1st) year of residency in Walnut Creek.

When any property is leased or rented, the lessees or renters of such property living in Walnut Creek Development #1, including Tract 12, shall be deemed associate members and do not have voting rights. Covenants are still enforceable and applicable.

Fiscal year shall be defined as the calendar year commencing January 1.

General Membership Meetings may be held as called for by the Executive Council.

Special meetings of the membership or the executive council shall be called by the president whenever two (2) members of the Association deem them necessary.

A quorum shall be comprised of those eligible voting members present at any membership meeting of the Association.

The President of this Association shall be the chief executive of the Association, charged with the duties of supervising all of its functions. The President shall be an ex-officio member of all committees.

In the President’s absence or in the event of the president’s inability to act, the Vice-President shall perform the duties of the President, and shall oversee the activities of the area representatives pertaining to this association.

The Secretary shall conduct the correspondence of the Association, issue notices of and keep the minutes of all meetings of the Association, be custodian of the records, keep roll of all members and discharge such other duties as may be assigned.

The Treasurer shall collect all membership dues, and shall have the care and custody of all the funds and property of this Association. Funds shall be disbursed at the discretion of the Treasurer if under $100. Funds greater than $100 will require the approval of a 2nd Board Member. The treasurer shall submit a report for the preceding year at the annual meeting, and shall render special reports whenever requested to do so by the executive council. The Treasurer shall deposit all funds in the name of the Association in such bank (s) as may be designated by the executive council.

The term of each officer shall be one (1) year. Any officer may be reelected.

Should any vacancy occur by death, resignation or otherwise, the same shall be filled without delay for the remainder of the year by a vote of the executive council. This appointment shall be temporary, pending confirmation by the general membership at the next membership meeting.

Any officer may resign his/her office at any time. Such resignation shall be made in writing to take effect from the time of its receipt by the executive council, unless a time is fixed in the resignation. The acceptance of the resignation shall not be required to make it effective.

Committee chairmen will be elected by the committee and shall be responsible for calling and conducting committee meetings as needed.

Committee secretaries shall be elected by the committee. The secretaries shall be responsible for taking the minutes at all committee meetings and submitting these minutes to the secretary of the Walnut Creek Homeowners’ Association.

In the event of an emergency or if such action is required, the bylaws of this Association may be amended by a three-fourths (3/4) affirmative vote of the executive council, provided that seven (7) days notice in writing or five (5) days notice by phone of such amendments is given to every member household. Any member who objects to any bylaw amendment made pursuant to this section may appear at any subsequent executive council meeting and state his objection, which shall be stated in the minutes of the meeting.

Any member volunteer may be appointed to be an area representative by the vote of the executive council. In the event of a vacancy a new volunteer area representative may be appointed by the executive council.

Area representatives are expected to attend executive council meetings, obtain pertinent information on all families living in their districts, accept complaints and refer them to the Executive Council, hand out all information to the members in their districts and keep these members informed of the activities of the Association, recruit new members and handle such duties as the executive council may assign.

Any area representative may resign from his/her office at any time. Such resignation shall be made in writing to take effect from the time of its receipt by the executive council, unless a time is fixed in the resignation. The acceptance of the resignation shall not be required to make it effective.