WOODLAKE GARDEN PATIO HOMES HOMEOWNERS’ ASSOCIATION, INC.
AS AMENDED MARCH 22, 2007
NAME AND LOCATION. The name of the corporation is WOODLAKE GARDEN PATIO HOMES
HOMEOWNERS’ ASSOCIATION, INC., hereinafter referred to as the “Association”.
The principal office of the corporation shall be located at Lakeland, Florida, but meetings of members and
directors may be held at such places within the County of Polk, State of Florida, as may be designated by
Section 1. “Association” shall mean and refer to WOODLAKE GARDEN PATIO HOMES HOME
OWNERS’ ASSOCIATION, INC., its successors and assignees.
Section 2. “Properties” shall mean and refer to that certain real property described in the Declaration
of Covenants, Condition and Restriction, and such additions thereto as may hereafter be brought within the
Section 3. “Common Area” shall mean all real property owned by the Association for the common
Section 4. “Lot” shall mean and refer to any plot of land owned in fee simple within the
“properties” described in the Declaration of Covenants, Conditions and Restrictions with the exception of
Section 5. “Owner” shall mean and refer to the record owner, whether one or more persons or
entities, of the fee simple title to any Lot which is a part of the Properties, including contract seller, but
excluding those having such interest merely as security for the performance of an obligation.
Section 6. “Declaration” shall mean and refer to the Declaration of Covenants, Condition and
Restrictions applicable to the Properties recorded in the Office of the Clerk of the County of Polk.
Section 7. “Member” shall mean and refer to those persons entitled to memberships as provided in
MEETING OF MEMBERS
Section 1. Annual Meeting. The annual meeting of the members shall be held during the month of
March, and each subsequent regular annual meeting between the hours of six and nine o’clock P.M. If the
day for the annual meeting of the members is a legal holiday, the meeting will be held at the same hour on
the first day following which is not a legal holiday.
Section 2. Special Meetings. Special meetings of the members may be called at any time by the
president or by the Board of Directors, or upon written request of the members who are entitled to vote onefourth ( ¼ of all of the votes of the membership.)
Section 3. Notice of Meetings. Written notice of each meeting of the members shall be given by, or
at the direction of, the secretary or person authorized to call the meeting, by mailing a copy of such notice,
postage prepaid, at least 15 days before such meeting to each member entitled to vote thereat, addressed to
the member’s address last appearing on the books of the Association, or supplied by such member to the
Association for the purpose of notice. Such notice shall specify the place, day and hour of the meeting,
and, in the case of a special meeting, the purpose of the meeting.
Section 4. Quorum. The presence at the meeting of members entitled to cast, or of proxies entitled
to cast, one tenth (1/10) of the votes of each class of membership shall constitute a quorum for any action
except as otherwise provided in the Articles of Incorporation, the Declaration, or these By-Laws. If,
however, such quorum shall not be present or represented at any meeting, the members of record entitled to
vote thereat shall have power to adjourn the meeting from time to time, without notice other than
announcement at the meeting, until a quorum as aforesaid shall be present or be represented.
Section 5. Proxies. At all meetings of members, each member may vote in person or by proxy. All
proxies shall be in writing and filed with the secretary. Every proxy shall be revocable and shall
automatically cease upon conveyance by the member of his Lot.
BOARD OF DIRECTORS: SELECTION: TERM OF OFFICE
Section 1. Number. The affairs of the Association shall be managed by a Board of no less than
three (3) nor more than nine (9) directors, who must be members of the Association.
Section 2. Term of Office. Each director shall serve for the maximum of 3 consecutive years unless
through disqualification or resignation, or for some other cause becomes ineligible to act as such director.
Upon stepping down, A minimum of a two years shall pass before such resident will be eligible to serve
Section 3. Removal. Any director may be removed from the Board, with or without cause, my a
majority vote. In the event of death, resignation or removal of a director, his successor shall be selected by
the remaining members of the Board and shall serve for the unexpired term of his predecessor.
Section 4. Compensation. No director shall receive compensation for any service he may render to
the Association. However, any director may be reimbursed for his actual expenses incurred in the
Section 5. Action Taken Without a Meeting. The directors shall have the right to take any action in
the absence of a meeting, which they could take at a meeting by obtaining the written approval of all
directors. Any action so approved shall have the same effect as though taken at a meeting of the directors.
NOMINATION AND ELECTION OF DIRECTORS
Section 1. Nomination. Nomination for election to the Board of Directors shall be made by a
Nominating Committee. Nominations may also be made from the floor at the annual meeting. The
Nominating Committee shall consist of a Chairman, who shall be a member of the Board of Directors, and
two or more members of the Association. The nominating Committee shall be appointed by the Board of
Directors prior to each annual meeting of the members, to serve from the close of such annual meeting until
the close of the next annual meeting and such appointment shall be announced at each annual meeting. The
Nominating Committee shall make as many nominations for election to the Board of Directors as it shall in
its discretion determine, but not less than the number of vacancies that are to be filled. Such nomination
may be made from among membership.
Section 2. Election. Election to the Board of Directors shall be by secret written ballot if deemed
necessary. At such election the members or their proxies may cast, in respect to each vacancy, as many
votes as they are entitled to exercise under the provisions of the Declaration. The persons receiving the
largest number of votes shall be elected. Cumulative voting is not permitted.
MEETING OF DIRECTORS
Section 1. Regular Meetings. Regular meetings of the Board of Directors shall be held quarterly
without notice, at such place and hour as may be fixed from time to time by resolution of the Board.
Section 2. Special Meetings. Special meetings of the Board of Directors shall be held when called
by the president of the Association, or by any two directors, after not less than three (3) days notice of each
Section 3. Quorum. A majority of the number of directors shall constitute a quorum for the
transaction of business. Every act or decision done or made by a majority of the directors present at a duly
held meeting at which a quorum is present shall be regarded as the act of the Board.
POWERS AND DUTIES OF THE BOARD OF DIRECTORS
Section 1. Powers. The Board of Directors shall have power to:
Section 2 Duties. It shall be the duty of the Board of Directors to:
(a) Adopt and publish rules and regulations governing the use of the Common Area
and the personal conduct of the members and their guests thereon, and to establish
penalties for the infraction thereof;
(b) Suspend the voting rights of a member during any period in which such member
shall be in default in the payment of any assessment levied by the Association.
(c) Exercise for the Association all powers, duties and authority vested in or delegated
to this Association and not reserved to the membership by other provisions of these
By-Laws, the Articles of Incorporation, or the Declaration;
(d) Declare the office of a member of the Board of Directors to be vacant in the event
such member shall be absent from three (3) consecutive regular meetings of the
Board of Directors; and
(e) Employ a manager, an independent contractor, or such other employees as they
deem necessary, and to prescribe their duties.
(a) Cause to be kept a complete record of all its acts and corporate affairs and to present
a statement thereof to the members at the annual meeting of the members, or at any
special meeting when such statement is requested in writing by one-fourth (1/4) of
the members who are entitled to vote;
(b) Supervise all officers, agents and employees of this Association, and to see that their
duties are properly performed;
(c) As more fully provided in the Declaration, to:
(1) Fix the amount of the annual assessment against each Lot at least thirty
(2) Send written notice of each assessment to every owner subject thereto at
(3) Foreclose the lien against any property for which assessments are not paid
(d) Issue; or to cause an appropriate officer to issue, upon demand by any person, a
receipt setting forth whether or not any assessment has been paid. A reasonable
charge may be made by the Board for the issuance of these receipt. If a receipt
states an assessment has been paid, such receipt shall be conclusive evidence of such
(e) Procure and maintain adequate liability and hazard insurance on property owned by
(f) Cause all officers or employees having fiscal responsibilities to be bonded, as it may
(g) Cause the Common Areas to be maintained.
(30) days in advance of each annual assessment period;
least thirty (30) days in advance of each annual assessment period; and
within ninety (90) days after due date or to bring an action at law against
the owner personally obligated to pay the same.
OFFICERS AND THEIR DUTIES
Section 1. Enumeration of Offices. The officers of the Association shall be a president and vicepresident, who shall at all times be members of the Board of Directors; a secretary, and a treasurer, and
such other officers as the Board may from time to time by resolution create.
Section 2. Election of Officer. The election of officers shall take place at the first meeting of the
Board of Directors following each annual meeting of the members.
Section 3. Term. The officers of this Association shall be elected annually by the Board and each
shall hold office for one (10 year unless he/she shall sooner resign, or shall be removed, or otherwise be
disqualified to serve “See Article IV, section 2”
Section 4. Special Appointments. The Board may elect such other officers as the affairs of the
Association may require, each of whom shall hold office for such period, have such authority, and perform
such duties s the Board may, from time to time, determine.
Section 5. Resignation and Removal. Any officer may be removed from office with or without
cause by the general meeting of this Association. Any officer may resign at any time giving written notice
to the Board, the president or the secretary. Such resignation shall take effect on the date of receipt of such
notice or at any later time specified therein, unless otherwise specified therein, the acceptance of such
resignation shall not be necessary to make it effective.
Section 6. Vacancies. A vacancy in any office may be filled by appointment by the Board. The
officer appointed to such vacancy shall serve for the remainder of the term of the officer he/she replaces.
Section 7. Multiple Offices. The offices of secretary and treasurer may be held by the same person.
No person shall simultaneously hold more than one of any of the other offices except in the case of special
offices created pursuant to Section 4 of this Article.
Section 8. Duties. The duties of the officers are as follows:
(a) The president shall preside at all meetings of the Board of Directors; or the
presidents designee, shall see that orders and resolutions of the Board are carried out;
shall sign all leases, mortgages, deeds and other written instruments and shall co-sign
all checks and promissory notes.
(b) The vice-president shall act in the place of the president in the even of his/her
absence, inability or refusal to act and shall exercise and discharge such other duties
as may be required of him/her by the Board.
(a) The secretary shall record the votes and keep the minutes of all meetings and
proceedings of the Board and of the members; keep the corporate seal of the
Association and affix it on all papers requiring said seal; serve notice of meetings
of the Board and of the members; keep appropriate current records showing the
members of the Association together with their addresses, and shall perform such
other duties as required by the Board.
(d) The treasurer shall receive and deposit in appropriate bank accounts all monies of the
Association and shall disburse such funds as directed by resolution of the Board of
Directors; shall sign all checks and promissory notes of the Association; keep proper
books to be made by a public accountant at the completion of each fiscal year; and
shall prepare an annual budget and a statement of income and expenditures to be
represented to the membership at its regular annual meeting, and deliver a copy of
each to the members.
The association shall appoint an Architectural Control Committee, as provided in the
Declaration, and a Nominating Committee, as provided in these By-Laws. In addition,
the Board of Directors shall appoint other committees as deemed appropriate in carrying
BOOKS AND RECORDS
The books, records and papers of the Association shall at all times, during reasonable
business hours, be subject to inspection by any member. The Declaration, the Articles
of Incorporation and the By-Laws of the Association shall be available for inspection by
any member at the principal office of the Association, where copies may be purchased at
As more fully provided in the Declaration each member is obligated to pay to the
Association annual and special assessments which are secured by a continuing lien upon
the property against which the assessment is made. Any assessments which are not paid
when due shall be delinquent. If the assessment is not paid within ninety (90) days after
the due date, the assessment shall bear interest from the date of delinquency at the rate
of 12 percent per annum, and the Association may bring an action at law against the
owner personally obligated to pay the same or foreclose the lien against the property,
and interest, costs and reasonable attorney’s fees of any such action shall be added to the
amount of such assessment. No owner may waive or otherwise escape liability for the
assessments provided for herein by nonuse of the Common Area or abandonment of his
Section 1 These By-Laws may be amended, at a regular or special meeting of the
members, by a vote of a majority of a quorum of members present in person or by proxy.
Section 2. In the case of any conflict between the Articles of Incorporation and these ByLaws, the Articles shall control; and in the case of any conflict between the Declaration
and these By-Laws, the Declaration shall control.
The fiscal year of the Association shall begin on the first day of January and end on the
day of December of every year, except that the first fiscal year shall begin on the date
BY - LAWS
WOODLAKE PATIO HOMES HOMEOWNERS’ ASSOCIATION, INC.
ARTICLE III – METTING OF MEMBERS
Section 1. Annual Meetings. The annual meeting of members shall be held during the
month of March at a date, time and place to be set and noticed by the Board of Directors.
ARTICLE IV – BOARD OF DIRECTORS: SELECTION/TERM OF OFFICE
Section 1. Number. The affairs of this Association shall be managed by a Board of no
less than three (3) nor more than five (5) directors, who will be either owners or resident
tenants of Woodlake Patio Homes.
ARTICLE XIV – ARCHITECTURAL COMMITTEE
Section 1. Method for Selecting Committee Members. The Board of Directors shall
appoint at the annual meeting of the Board an Architectural Committee to serve at the
pleasure of the Board for one (1) year. The Board shall appoint two (2) members of the
Board and one (1) non-Board member of the Association to serve on the committee.
The vice president of the Board of Directors shall be a member and preside over the
committee. A secretary shall be elected by the committee for the purpose of taking
minutes each time the committee meets.
Section 2. Duties. The committee shall review all written request for home
improvements desired to be made by a homeowner. This review will be in accordance
with the original Declaration of Covenants and the By-Laws, Rules and Regulations of
Proposed amendments to the
BY – LAWS
Woodlake Patio Garden Homes Association, Inc.
March 22, 2007
1. Whereas before this time many members lave been in violation of the
previous by-laws. The current by-laws will be strictly enforced. Those
violations prior to this date shall be forgiven.
2. Right of appeals: All committee decisions will be subject of the
Board’s approval. If a member believes that an interpretation of the
rules is incorrect an appeal may be made to the Association at the normal
annual meeting or a specially called meeting of the Association.
WOODLAKE PATIO HOMES HOMEOWNERS’ ASSOCIATION, INC.
ARTICLE III – MEETING OF MEMBERS
Section 1. Annual Meetings. The annual meeting of members shall
be held during the Month of March at a date, time and place to be set and
noticed by the Board of Directors.
ARTICLE IV- BOARD OF DIRECTORS: SELECTION/TERM OF
Section 1. Number. The affairs of the Association shall be managed
by a Board of no less than three (3) nor more than seven (7) directors, who
will be either owners or resident tenants of Woodlake Patio Homes.
ARTICLE XIV – ARCHITECTURAL COMMITTEE.
Section 1. Method for Selecting Committee members. The Board of
Directors shall appoint at the annual meeting of the Board an
Architectural Committee to serve at the pleasure of the Board for one (1)
year. The Board shall appoint two (2) members of the Board and one (1)
non-Board member of the Association to serve on the committee.
The Vice President of the Board of Directors shall be a member and
preside over the committee. A secretary shall be elected by the committee
for the purpose of taking minutes each time the committee meets.
Section 2. Duties. The committee shall review all written requests for
home improvements desired to be made by a homeowner. This review
will be in accordance with the original Declaration of Covenants and the
By-laws, Rules and Regulations of the Association.
Section 3. Color of Homes. Changes to exterior color of the home
should be referred to the architectural committee for review in advance.
The spirit of the Association is to encourage a harmonious appealing
look throughout the neighborhood. It is not the intent of the Association
to supply a list of appropriate colors that would be acceptable to its
membership. However, the general consensus of the Home Owner’s
Association is to strongly encourage neutral “earth tone” colors as
the primary color of all homes. It is believed that by “earth tone” it is
understood to refer to the soft, lighter colors in the beige, taupe, tan
creams, sand, soft yellow, light mocha, etc., and the various shades
Theses guidelines apply to those who repaint their homes from this date
forward (revision approval date 03/22/2007). The architectural committee
stands ready to offer help to the owner in selecting the color that falls
within these guidelines.
Colors deemed by the architectural committee to be a “radical” change
could call for a repaint. Any homeowner, however, has the right of appeal
to the Board or Association.