OWNERS ASSOCIATION (ILOA)
SMITHVILLE, TEXAS
INDIAN
ASSOCIATION BY-LAWS
(As Amended July 26, 2008)
ARTICLE ONE - MEMBERSHIP
SECTION 1. Each owner of one or more lots in any section or sections of
SECTION 2. All members and their families and guests shall have the right to use all of the Association’s facilities, including its swimming pool, boat ramp, parks and recreation areas, to the extent permitted by Association’s rules which may from time to time be established by its Board of Directors. Pertaining to membership held by other than a single individual; i.e. a membership by two or more persons, by a corporation, firm or partnership, the use of the Association’s facilities shall be only by an individual person and the family of such individual person so designated by any of the above listed joint owners. This individual will also be the only eligible member to vote at any meeting of owner-members, such eligibility being contingent as outlined in Section 1.
SECTION 3. A renter may become an Association Member of Indian Lake Owners Association by the property owner submitting in writing to Indian Lake Owners Association stating owner relinquishes his/her membership to authorize renter membership.
SECTION 4. Membership shall be evidenced by such card, certificate or other writing as the Board of Directors shall authorize.
SECTION 5. Upon termination of membership by a member disposing of his or her property, all rights and interests of the member and his family in the privileges, rights, properties, funds or assets of Indian take Owners Association shall cease. In addition, failure of member to pay Indian Lake Owners Association dues and/or fees as outlined in Section 1 shall prohibit a member and his family of participation in the above privileges.
ARTICLE TWO - ASSESSMENT OF DUES
SECTION 1. There shall be no initiation fees. The Board of Directors, by unanimous vote of the entire Board, plus the approval of at least two-thirds of the members present, in person or by proxy, in Annual Business sessions called by the Board of Directors, may from time to time assess additional dues and assessments as dictated by a contingency development.
SECTION 2. Annual membership dues are assessed for the calendar year beginning January 1 and ending December 31 of each year. Dues are billed to members in early January and are payable within thirty days.
ARTICLE THREE - BOARD OF DIRECTORS
SECTION 1. The affairs and management of Indian Lake Owners Association shall be conducted by a Board of Directors consisting of seven members as provided in Section 2 of the Article Three, which Board shall have the full power and authority to carry out the purposes of the Association and to do all lawful acts necessary or proper thereto.
SECTION 2. Directors shall serve a term of three years and thereafter until their successors are elected and qualified. Any Director may succeed himself and serve as many consecutive terms as he may be elected. Directors must be members of the Association.
SECTION 3. The President of the Board of Directors, at the April Directors meeting, shall appoint a nominating committee comprised of a total of not less than three Association members and Board members, which committee shall nominate one nominee for each Directorship to be filled. The Nominating Committee will then report the nominees to the Board of Directors at the June Meeting of the Board for approval as regards the following:
1. Being of good morals and congenial nature.
2. Eligibility by financial status in relationship to Indian Lake Owners Association: i.e., all dues and assessments paid to current date.
3. Concerned interest in affairs regarding Association business and will plan or attend a majority of Board of Directors business meetings while serving as a member.
The names of these nominees will then be proposed in the Annual business meeting of the Indian Lake Owners Association conducted the FOURTH SATURDAY in July, to be balloted on by those members present in person or by proxy vote. Nominations from the floor by members will be accepted. Each nominee having previously agreed to serve if elected.
SECTION 4. The Board of Directors shall meet the last Saturday of each even month; to wit, February, April, June, August, October and December; meetings to begin at 10:00 a.m. and continue until all business is accomplished. The President shall send or cause to have sent, a written notice to each Board Member at least ten (10) days in advance of each meeting, stating the meeting place, the date, the time, and new business to be covered. All meetings to be conducted at Indian
SECTION 5. A Director unable to fill his term of office for any reason shall be replaced by recommendation of the President and approved by a majority vote of the Board members. Name of the replacement Board member will then be submitted to Association members for final vote of approval during the next Annual business meeting to fill an unexpired term. A Director that is found to be unsuited to serve on the Board for reasons given in Section 3, and listed under items 1, 2, or 3, will be required to resign by recommendation of the President and/or Board members and approved by AYE vote of a majority of Board members. His vacancy to be filled as outlined above. President of the board may appoint a replacement to fill a seat after three unauthorized absences, following the above formula.
SECTION 6. No Board member shall receive remuneration for services rendered to Indian Lake Owners Association while a member of the Board of Directors
ARTICLE FOUR - OFFICERS
SECTION 1. The Officers of the Board of Directors shall be one President, one Vice President, one Secretary, one Treasurer, Pool Committee Chairman, Parks and Roads Committee Chairman, Lakes and Fish Committee Chairman, and Architectural Committee Chairman, all elected by the Board of Directors. A term of office shall be from Annual Meeting to Annual Meeting of the Association, the fourth Saturday in July. On the same day the Hoard of Directors shall meet to elect new officers for the ensuing year. All officers shall be qualified members of the Board of Directors and Indian Lake Owners Association.
SECTION 2. The President shall be the chief executive officer of Indian Lake Owners Association and shall preside over the member’s Annual business meeting and shall, during his term, conduct all business matters for the Association with its best interest foremost. All such action must first receive an approval vote of the majority of the Board of Directors. He shall also preside over the Board of Directors in their regularly scheduled business sessions as well as any called emergency sessions. No action may be taken by the President until an approval vote by a majority of Board members is received.
SECTION 3. The Vice President shall exercise the functions of the President in his absence and shall perform such other duties as the Board of Directors may prescribe.
SECTION 4. The Secretary (see section 6 below) shall keep or cause to be kept, the minutes of all meetings, a complete list of all members and their addresses, updating said list throughout the year as required, shall mail such notices as required therein, and shall perform all duties required as a Secretary.
SECTION 5. The Treasurer (see section 6 below) shall be responsible for the collection of all fees, dues, and charges, and the handling and disbursing of all money. He shall be responsible for the proper accounting of the Association’s financial affairs and the preparing of proper reports on financial matters and such other reports as may be specified by the Board of Directors.
SECTION 6. In lieu of Section 4 and 5 above, and approval vote of all members of the Board of Directors, a professional secretary/bookkeeper may be hired, preferably from the Smithville area. Equitable Renumeration shall be established between the person so elected and all members of the Board of Directors. Duties of the Secretary/Bookkeeper shall include all those outlined in Section 4 and 5 above and he shall be responsible for the Minutes and Financial Report to the Annual Association business meeting, the Minutes of which shall be read at the first regularly scheduled business meeting of the Board of Directors.
SECTION 7. Pool Committee Chairman shall (1) be responsible for maintaining buildings and grounds in a safe and attractive condition, i.e. Pool, Pavilion, and Playgrounds; (2) hire employees and assign their duties and be responsible for same; (3) assign opening and closing dates and times for pool and restrooms. Monitors will check for current ILOA passes.
SECTION 8. Lakes and Fish Committee Chairman shall (1) be responsible for stocking of fish in lake; (2) checking for vegetation in lake and need for fertilization; (3) maintenance of dam and spillway, fishing dock and boat ramp; (4) patrolling for trespassers on lake, checking for current ILOA passes; and (5) observation and maintenance of lower pond.
SECTION 9. Parks and Roads Committee Chairman shall (1) check with Bastrop County for repair and maintenance of all roads except “dead-ends” and “cul-de-sacs”, including mowing of grass along said roads; (2) hire person(s) to mow front entrance area, lower pond park, garbage dump area and boat ramp area; (3) check for replacement of County and all other road signs within the subdivision.
SECTION 10. Architectural Committee Chairman shall enforce deed restrictions and by-laws for Sections I, II, III, and IV.
SECTION 11. All records shall be audited annually. The incoming President will appoint an Audit Team consisting of three (3) Association members in good standing to perform an audit and report to the Board of Directors in regular business session. Should a further audit be required, the Audit Team shall recommend to the Directors that a professional Audit be obtained.
SECTION 12. All Funds belonging to Indian Lake Owners Association shall be maintained in a banking institution and/or Savings and Loan Association approved by the Board of Directors. Financial disbursement or fund transfer shall require signatures of both the Treasurer and President, or whom he appoints from the Board of Directors. Co-signers of any financial institution will require that each individual be bonded in the amount of $10,000.00.
SECTION 13. All records of Indian Lake Owners Association shall be made available for inspection by any member, in good standing with the Association, at the Office of the Secretary by appointment.
ARTICLE FIVE - COMMITTEES
SECTION 1. The Board of Directors and/or the President may appoint certain committees from time to time and delegate each committee such duties as the Directors and the President may deem proper.
SECTION 2. The appointment of the nominating committee shall be made by the President as provided in Article Three-Section 3.
ARTICLE SIX - MEETINGS
SECTION 1. An Annual Meeting of Indian Lake Owners Association shall be conducted at Indian
SECTION 2. The vote of a majority of the total votes cast by qualified voting members present in person or by signed proxies, shall decide any questions brought before such meeting, with the respective members to have such votes as described in ARTICLE ONE.
SECTION 3. Meetings of the Board of Directors shall be as provided in Article three, Section 4.
SECTION 4. A written notice shall be mailed at least fifteen days prior to the Annual Association business meeting to all members stating date, time and pertinent business matters to be presented. A written notice shall be mailed at least ten days prior to the meeting of the Board of Directors, stating date, time, place and pertinent business matters to be covered. Emergency Board meetings may be permitted by telephone communication.
ARTICLE SEVEN - AMENDMENTS
SECTION 1. These By-Laws or any part, thereof may be amended, modified or repealed only by the unanimous vote of all members of the Board of Directors plus two thirds (2/3) of the members present and voting in an Annual membership meeting.
SECTION 2. The Association shall not enter into any contract to pay, and shall not pay, any salary or other remuneration to any officer, Director or Committee members of the Association for their services as such nor in any capacity regardless of the capacity in which they act.
ARTICLE EIGHT - LIABILITY
SECTION 1. Members of the Indian Lake Owners Association Board of Directors, either severally or collectively, are to be absolved of any liability or lawsuit that may arise during their tenure of office as a result of any action he, she, or they may have taken in the performance of their respective duties as Board Members.
SECTION 2. The Secretary of Indian Lake Owners Association is hereby designated as the registered agent to receive legal correspondence. Secretary may change from time to time and
By-Laws will be updated to reflect these changes. At present, Secretary is Jeanette Martin, located at
ARTICLE NINE - POLICY STATEMENT
SECTION 1. Dogs must be kept within the boundary of owner’s property. When walking dogs they must be on a leash. No dogs or cats allowed in the pavilion or pool area.
Section 2. Boat Docks must not exceed thirty (30) feet from normal water line when lake is full.
SECTION 3. A 25 MPH Speed limit or posted speed limit will be enforced on all streets in the subdivision.
SECTION 4. All vehicles must have a current registration and safety inspection sticker to be parked in the subdivision.
SECTION 5. Houses, mobile homes, campers, travel trailers, and storage buildings; must be kept in an attractive exterior condition.
SECTION 6. Lot or lots with any of the following; house, mobile home, campers, travel trailers, and storage buildings; must be kept clean of trash, brush, high weeds, and grass must be mowed.
SECTION 7. Trespassers on properties of
SECTION 8. Trotlines, jug lines, unattended fishing lines, bow hunting, spears and gigs are not allowed in the lake. State of
SECTION 9. Motorized vehicles prohibited on dam, in park, and in pool area.
SECTION 10. No Firearms will be discharged in
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SECTIONS I, II, III, AND IV
1. There shall be established an Architectural Control Committee composed of three (3) members appointed by the undersigned (and/or designees of the undersigned, from time to time) to protect the owners lots in this subdivision against such improper use of lots as will depreciate the value of their property; to preserve, so far as practicable, the natural beauty of said property; to guard against the erection thereon of poorly designed or proportioned structures built of improper or unsuitable materials, to obtain harmonious architectural schemes; to insure the highest and best development of said property; to encourage and secure the erection of attractive homes and placement of attractive mobile homes thereon, with appropriate locations thereon on lots; to secure and maintain proper setbacks from street and adequate free spaces between structures; to regulate and/or participate in regulation of use of lake areas; and, in general to provide adequately for a high type of quality of improvements in said property, and thereby to enhance the value of investments made by purchasers of lots therein.
The undersigned, the Architectural Control Committee, and the officers and members thereof shall not be deemed to have assumed any liability with regard to any undertaking by consequence of its enactment and enforcement of, or failure to enact or enforce minimum standards for, any improvements, and no act or omission shall be construed to impose any liability upon the undersigned, said Architectural Control Committee, or the officers and members thereof for damages which grantee may sustain.
2. Subject to the provisions of numbered paragraph 10 hereof, all lots are restricted to use for single family residential purposes only and no building shall be erected or maintained on any lot in said subdivision other than a private residence, a private boathouse, a private storage building, and a private garage for the sole use of the owner or occupant.
3. Subject to the provisions of numbered paragraphs 9 and 10 hereof, and to the last sentence of this paragraph 3, no existing building or structure of any kind and no part of an existing building or structure shall be moved onto, placed on, or permitted to remain any lot. All construction must be of new material, except stone, brick, or other materials used for antique decorative effect if such use is approved in writing by the Architectural Control Committee. All buildings other than boathouses or residences erected on piers elevating the building at least five feet above ground level shall be completely underpinned, with no piers or pilings exposed to view. Without prior written consent of the Architectural Control Committee, no natural drainage shall be altered, nor shall any drainage ditch, culvert, nor drainage structure of any kind be installed nor altered, nor shall any curb nor other such impediment to the free flow of water be installed nor altered. An existing may be placed on a lot only if it and its plans have been approved by the Architectural Control Committee, and if it
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has been recently constructed of new material and has never been placed in use, and if it otherwise meets all of the requirements of these restrictions.
4. No building exceeding two stories in height shall be erected on any lot. Each residential building, subject to paragraph 9 hereon, shall have a minimum floor area of 550 square feet, exclusive of porches, stoops, open or closed carports, patios or garages, except that the Architectural Control Committee may allow smaller minimum floor area for buildings of novel design and/or materials.
5. No building, mobile home, fence, or other structure or improvement shall be erected, placed or altered on any lot until one copy of the construction plans and specifications, including specifications of all exterior materials and a plan showing the proposed location of the structure, have been submitted to and approved in writing by the Architectural Control Committee. If construction is not commenced within eight (8) months of such approval, the approval shall be null and void unless an extension is granted in writing.
6. No fence shall be permitted to extend nearer than 10 feet to the rear or the side lot lines when said rear or side lot line is within a utility easement as shown by the Plat filed for record in the Plat Records of Bastrop County, Texas (hereinafter “Plat”). Any fence along the front lot line is subject to the rights of utility companies under aforesaid utility easements and paragraph 10 hereof. Any reasonable damage done by utility companies to any fence location in any utility easement shall be borne by the lot owner or purchaser and not buy the utility company.
7. No building or mobile home shall be placed in any utility easement as shown on the plat. No building or mobile home shall be located nearer than 5 feet to any side lot line, nor nearer to the rear lot line than 10m feet nor nearer to the front lot line than 20 feet; provided, however, that the Architectural Control Committee may allow lesser set-backs when unusual topography or design warrant it.
“Side lot line” as used in this paragraph, in respect to any two or more contiguous whole and/or fractional lots owned by (and/or under a contract to the conveyed by the undersigned to) the same person or persons and used as a single building site, shall therefore mean each and/or either of the two outermost side lot lines considering said contiguous whole and/or fractional lots as one lot, if the combined width of said contiguous whole and/or fractional lots is at least 50 feet at the widest portion thereof, but no other may be made of any lot or fractional lot to the extent it has been grouped to alter these minimum set-back requirements.
8. No animals or birds other than household pets, shall be kept on any lot.
9. Except as provided below in regard to camping, no outbuilding, boathouse, basement or garage erected on any lot shall at any time be used as a dwelling, temporarily or permanently. No shack shall be placed on any lot. Mobile homes (including travel type trailers used as mobile homes) may be placed and used upon any lot only if same have been inspected by, and prior written approval of same has been granted by, the Architectural Control Committee, and said Committee may, as condition to its said approval, make any requirements which in its judgment is deemed proper, including the following requirements: (a) that the mobile home be no more than five (5)
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years old at date of application, be in good repair and of attractive design and appearance, and underpinned within 90 days with material approved by the Architectural Control Committee, (b) that any mobile home not built by a commercial mobile home manufacturer be of design, appearance and quality comparable to those built by commercial manufacturers; otherwise no mobile home shall be placed on any lot, and (c) water service must be connected and an approved septic tank must be installed to occupancy, camping on lots shall be limited to: (1) use of campers, camping trailers, tents or other camping shelters which shall be of good appearance and in good repair, and no such camping shelter shall not be placed on any lot for more than 14 days of any 30 day period, or (2) use of travel trailers or other mobile homes meeting the requirements (other than underpinning and connection to water lines and septic tanks) for the mobile homes to be placed on lots, and such travel trailer or other mobile homes shall remain on lots only so long as camping use or occupancy does not occur in more than 14 days in any 30 day period. Lots shall be kept free of litter, rubbish, trash or other debris, and no unsanitary condition shall be allowed to exist on any lot.
9a. Section three only: No house trailer or mobile home shall be placed on any lot. Modular and manufactured homes are subject to the prior approval of the Architectural Control Committee.
10. Easements are reserved along and within 10 feet of the lot lines (1) as shown on the Plat, and (92) in the set-back from the front lot lines as established in paragraph 7 hereof, for the construction, operation and perpetual maintenance of conduits, poles, wires and fixtures for electric lights, gas lines, telephone, water lines, sanitary and storm sewers, road drains and other public and quasi-public utilities and to cut and/or trim any trees which at any time may interfere or threaten to interfere with the maintenance of such lines, with right of ingress to and egress from across said premises to employees of said utilities.
The undersigned and/or their designees may, on any lot and/or lots then owned by the undersigned, construct, maintain, use and allow to be used by others, parks, swimming pools, playgrounds, community shelter buildings, sales offices, mobile home demonstration and sales lots, water wells and related pumping, storing operation and maintenance facilities, and the like, and numbered paragraphs 2, 3, 4, 5, 6, 7, and 9 hereof shall not apply thereto.
11. No outside toilet or privy shall be erected or maintained in the Subdivision. The materials installed in and the means and methods of assembly of, all sanitary plumbing shall conform with the requirements of the Health Department of Bastrop County and the State of
12 Subject to the provisions of the last two sentences of this paragraph, as to each lot in the Subdivision, and assessment is hereby made of (i) $120.00 annually, for one or more lots with or without single family residence owned by the same person, (ii) lots with additional family residence owned by the same person will be assessed $120.00 per single family residence, for the maintenance and construction of play grounds, parks, roads and other improvements in Indian Lake Subdivision; “owner” as used in this sentence shall include also a purchaser from the undersigned of a lot.
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13 Any building, structure or improvement, commenced upon any lot shall be completed as to exterior finish and appearance, within six(6) months from the commencement date. No lot or portion of any lot shall be used as a dumping ground for rubbish or trash, nor for storage of items or materials (except during construction of a building or in approved storage buildings), and lots shall be kept clean and free of any boxes, rubbish, trash, or other debris. The undersigned shall have the right to enter the property where a violation exists under this paragraph and remove the incomplete structure or other items at the expense of the offending party.
14 No lot shall be further subdivided except that fractions of lots may be separated to add to space of whole lots if the combination of whole and fractional lots is used as a single building site and if all other provisions of these subdivision restrictions are complied with. No lot or any part of a lot shall be used for a street, access road or public thoroughfare without the prior written consent of the undersigned, their successors and assigns.
15 If the owners of any lot in said Subdivision, or any other person, shall violate any of covenants herein, it shall be lawful for the above described Indian Lake Owners Association or any other person or persons owning any real property situated in said Subdivision to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any such covenant and either to prevent him or them from so doing or to recover damages or other dues for such violation, or both.
16 Invalidation of any one or more of these covenants, and restrictions by judgment of any Court shall in no way affect any of the other covenants, restrictions, and provisions herein contained, which shall remain in full force and effect.
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Indian
Application for Building / Improvement Permit
Owner Or Contractor: Date:_____________
Name ________________________________________________________ (please print)
Home/Office Address_______________________________________________
Phone Number: Home:________________ Bus:________________ Cell:________________
Property Location:
Section:_____
Name of Owner:_______________________________ Phone Number____________________
Permit For: Fence_____ Storage Shed____ Deck or Pier____ Other______________________
Home_____ Type: Site Built____ Single wide____ Double wide____ Sq. ft.__________________
# Bedrooms_______________ Year Built if Manufactured Home_________________________
This application must be accompanied by a detailed drawing of proposed property improvement and must show relation to lot lines and existing structures. A copy of Septic System Permit from
APPLICATION FOR NEW HOME CONSTUCTION MUST ALSO INCLUDE THE FOLLOWING:
A) SET OF CONSTRUCTION PLANS,
B) A BUILDING PERMIT AND CULVERT PLACEMENT PERMIT FROM
_________________________________ _______________________________
Printed name of applicant Signature of Applicant
Submit to: _______________________________
Randy Pederson, Chairman Architectural Control Chairperson
ILOA Architectural Control Committee
396 Big Bow
(512) 237-2310 ILOA Board Member
There is no fee for this permit
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ILOA MEMBER/OWNER UPDATE SHEET
INDIAN LAKE OWNERS ASSOCIATION
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This sheet is for use by Indian Lake Subdivision property owner(s) that need to update owner and property information. This sheet can be selected and printed. When the form is completed mail to the address shown on sheet.
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Indian
Ph: 512.360.5440
ILOA Property Information and Member Contact Sheet
In order for the affairs of the Indian Lake Owners Association to be managed in the most efficient manner possible all property owners are requested to complete this form in order to keep the ILOA records updated:
Ø If you sell property located at the
Ø If you purchase property located at the
Ø If there is a change in the current billing name and/or address on file with the ILOA.
If any of the above situations apply your cooperation in providing the requested information will be appreciated.
Member compliance in providing the above information will insure that correspondence and invoicing is received in a timely manner.
Please print and complete the information below and mail to the address shown on the letterhead of this sheet.
Thank you in advance,
ILOA Board of Directors
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PROPERTY DESCRIPTION:
List all property (lots) owned by each individual, if additional space is needed use back of form providing same information shown below.
Section No. ______________ Lot No. _________ R _________________(Locate on
Owner Name: ________________________________________________________ (Locate on Property Deed)
Address: _____________________________________________________________________________
City:__
CURRENT BILLING INFORMATION ON FILE w/ ILOA (if known):
Name: _______________________________________ ILOA Acct. No. __________ (Locate on ILOA Invoice)
Address: _______________________________________________________________________________
City:
CHANGE BILLING INFORMATION TO:
Name: _________________________________________ ILOA Acct. No. __________________________
Address: _______________________________________________________________________________
City:
Contact Information: Telephone #: ___________________ Email address: ____________________ (optional)
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