PROCEDURE FOR RESOLVING ALLEGED VIOLATIONS WITHIN THE SCOPE OF THE EMERALD LAKES VILLAGE RESTRICTIONS COMMITTEE Adopted by the ELV Board November 9 2020 In accordance with Policy Letter 15 dated October 23 2013 Policy Letter 006 dated September 3 2014 the ELVHA Bylaws as amended May 23 2012 and the ELVHA Restrictions Agreement dated November 19 2013 the Restrictions Committee will proceed as follows 1 Format of Complaint All complaints must be in writing filed via the Restrictions Committee e mail at ELVRestrictions gmail com All complaints should include the following information a Complainant s name address telephone number and e mail address b Alleged violator s name and address and if known to the complainant the alleged violator s telephone number and email address c Date s of alleged violation d Detailed description of the alleged offense s e Name address phone number and e mail address of any potential witnesses if known f Supporting documents and or photographs g A statement outlining the complainant s efforts to resolve the situation with the alleged offender without ELV Restrictions intervention h If no such efforts have occurred a statement explaining why Incomplete anonymous verbal or unofficial complaints will not be considered The identity of the complainant shall remain confidential 2 Initial Complaint Request for Information RFI The Restrictions Committee Chair may proceed on the basis of the initial complaint or may request additional information or evidence of the alleged violation from the complainant 3 Alternative Resolution Upon receipt of a complaint or a response to an RFI as specified in s 1 and 2 above the Restrictions Committee Chair may request that the complainant and alleged violator attempt to resolve the circumstances or dispute that resulted in the complaint being filed Residents assisting the Restrictions Committee Chair Restrictions Chair Assistants may be asked to help facilitate an alternative resolution All agreements reached by an Alternative Resolution must comply with the ELV Bylaws Restrictions Agreement and Policy Statements The Restrictions Committee Chair may proceed to the formal complaint resolution process outlined below without seeking an Alternative Resolution 4 Complainant s Failure to Respond to RFI A complainant s failure to provide requested information and evidence within five 5 days of a Request for Information shall constitute a withdrawal of the complaint and no further action will be taken on the complaint unless the complainant can establish good cause for not responding within five 5 days Page 1 of 3
5 Notice of Violation If the information received in the initial complaint and or the information provided in response to an RFI sufficiently supports the alleged violation and efforts to resolve the situation in accord with 3 above are unsuccessful the Restrictions Committee may issue a written Notice of Violation 6 Restrictions Committee Composition The Restrictions Committee shall be composed of an odd number of voting ELV Board Members No fewer than 3 voting ELV Board Members shall be on the Committee The ELV Board Vice President or his her designee shall hold a permanent seat on the Committee The ELV Restrictions Chair or his her designee shall hold a permanent seat on the Committee Additional committee members shall be selected by the ELV Board 7 Content of Notice The Notice of Violation shall include the provision violated together with a description of the factual nature of the alleged offense The notice shall also state what fine is to be imposed or if offered as a resolution what corrective measures must be taken in response to the violation A fine may be imposed without an opportunity to take corrective action 8 Service of Notice The Notice of Violation shall be personally delivered or sent by electronic mail and first class mail postage prepaid to the property Owner and to any tenant if applicable 9 Response to Notice The Owner Alleged Violator may either a Accept responsibility and pay the fine assessed or take corrective action if such action is offered as an alternative to a fine in the Notice of Violation b Request a Hearing in writing via the Restrictions Committee email at ELVRestrictions gmail com 10 Default Failure of an Alleged Violator to respond to the Notice of Violation in writing to the Restrictions Committee e mail at ELVRestrictions gmail com within five 5 days shall constitute a default unless the alleged violator can demonstrate good cause for a failure to respond within five 5 days Upon default a fine may be levied Additional remedies may be pursued as authorized in the Bylaws Restrictions Agreement and Policy Letters 11 Hearing Panel The ELVHA Board shall establish a Hearing Panel comprised of an odd number but no less than three voting ELVHA Board members An alternate voting ELVHA Board member shall be designated as an alternate panelist The alternate panelist will act in the event the original panelist is absent or incapacitated All hearings shall be held before the Hearing Panel 12 Timing of Hearing Hearings before the Hearing Panel will occur within ten 10 days of receipt of the Alleged Violator s Owner s request for a hearing unless there is good cause for the hearing to be held outside the ten 10 day time period 13 Stay of Enforcement Enforcement action is stayed until the Hearing Panel or Board see item 15 renders its decision 14 Opportunity to Defend If the Owner Alleged Violator requests a hearing he she shall have an opportunity to offer evidence in defense of the alleged violation Page 2 of 3
15 Hearing Panel Referral to the ELV Board In complex matters or significant matters that could impact the interests of ELV or the Board as a whole the Hearing Panel may refer the matter for consideration to the entire voting ELV Board If referred the ELV Board shall consider the matter at its next regularly scheduled Board meeting 16 Hearing and Decision After a hearing conducted by the Panel or Board the Panel or Board shall by majority vote at the hearing decide whether a violation has occurred The decision of the Hearing Panel or Board is final 17 Amounts If the Hearing Panel Board decides that the Owner committed a violation the Panel may levy fines as provided in ELV Policy 015 updated and approved October 23 2013 The Panel Board may also enforce any other applicable provisions of the Bylaws Restrictions Agreement or Policy Statements 18 Collection The fine shall be assessed against the violator and shall be due and payable within ten 10 days from the date on the Notice of Violation unless the Owner has requested a hearing If the Owner requests a hearing the fine is due and payable within ten 10 days of the Hearing Panel s decision at the hearing 19 Failure to Pay If the Owner does not timely pay the fine it shall become a lien against the Owner s lot Failure to pay the fine may also subject the Owner to all liabilities late charges and other remedies including enforcement of a lien as otherwise set forth in the subdivision Restrictions Page 3 of 3
GENERAL PROCESS FOR APPROVAL REQUESTS WITHIN THE SCOPE OF THE ELV BOARD OF DIRECTORS ARCHITECTURAL CONTROL Adopted by the ELV Board July 7 2021 In accordance with the ELVA Restrictions Agreement dated November 19 2013 and Policy Letter 004 adopted by the Board on June 7 2021 Requests for Approvals falling within the scope of the Board of Directors Architectural Control shall be handled as specified below I Purpose The purpose of Architectural Control and this process is to maintain ELV as a beautiful harmonious private residential area II Matters requiring Board Approval A No building structural additions walls fences or other structures shall be erected placed or altered on any lot without Board approval in accordance with this policy and procedure B The terms fence wall privacy wall and hedge are interchangeable In general fences are prohibited with limited exceptions Excepted items still require Board approval 1 Page 1 of 5 Exceptions to the prohibition include a Swimming pool security fences b Dog runs Note Dog run fences are strongly discouraged The invisible fence type electronic fence is the preferred method of restricting a dog to the owner s property c Privacy fences or walls for patio privacy and between houses Such privacy fences shall not extend farther than the rear of the house or patio and not extend beyond the front of the garage or house building Approved privacy fences of any variety to shield a deck etc shall not exceed six 6 foot six 6 inches in height
d III Split rail type fencing may be erected by village perimeter lot owners along the Village perimeter lot line common to their property C Natural green fences hedges etc fall under the same restrictions and approval criteria as constructed fences in relation to approval to plant location height type grade elevation etc All lots and premises shall be adequately maintained to prevent excessive growth of shrubs bushes trees and similar plantings which obscures the view of lake areas from adjacent residences D Alterations that do not impact the exterior portion of the structure do not require Board approval E Lake property landscaping in back and side yards in regard to adjacent property views and potential deposits of organic debris into the lake F Landscaping boulders seawalls plantings etc done along a lake shoreline Resident Requests for Approval A All requests must be in writing and submitted to the following ELV Board Members Vice President at ELVVicePresident gmail com Recording Secretary at ELVRecordingSecretary gmail com Restrictions Chair at ELVRestrictions gmail com B All proposals must include the following 1 Page 2 of 5 Detailed construction plans specifications and a plot plan that details the location topography and finished grade shape height materials color scheme surface drainage and grade elevation of the proposed building structural additions walls fences or other structures
a For major structural improvements such as additions to a home an Architect shall prepare the plans and specifications submitted to the Board of Directors 2 A statement as to the quality of workmanship and materials to be used 3 A statement regarding how the proposal will impact the harmony of the exterior design within the surrounding area 4 A statement regarding how the proposal will impact the adjacent neighboring property including but not limited to the outlook or view from the adjacent property 5 A statement whether the adjacent neighbors have been consulted regarding the proposed project Although not mandatory such consultation among neighbors is strongly encouraged C No plans or specifications shall be altered and used without the written consent of the Board of Directors Application for such consent shall be submitted in the same manner as new plans and specifications D Requests will be automatically denied if the resident has an unfulfilled financial obligation to ELV including but not necessarily limited to unpaid dues and fines IV Board Approval Disapproval A The Board of Directors shall not be arbitrary in its decisions B Board approval shall require a majority vote of the Board of Directors C Board approval or disapproval shall be communicated in writing as soon as possible Page 3 of 5
D The Board in its sole discretion may internally form a subcommittee or otherwise designate representatives to assist in evaluating approval requests and establish additional internal Board procedures to facilitate the timely consideration of requests E In the event the Board of Directors or its designated representative fails to approve or disapprove such plans and specifications within thirty 30 days after submission or if no suit to enjoin construction has been commenced prior to completion thereof approval will not be required and the related covenants shall be deemed to have been complied with provided said plans and specifications on their face are in accordance with the Restrictions Agreement F The applicant may waive the provisions provided for in section IV D the 30 day requirement in order to allow the Board sufficient time to 1 evaluate the applicant s request for approval 2 communicate directly with the applicant to address and resolve any concerns the Board or applicant may have regarding the proposal 3 request additional information pursuant to sub section G below G The Board or its designee s may request further information from the applicant regarding the approval request including but not limited to additional documentation or information deemed relevant to the Board s ability to fairly and adequately evaluate the request If requested the additional information shall be provided Failure to provide requested additional information shall result in an automatic denial of the approval request and shall not require consideration by the Board V Commencement of Construction Approval Automatically Rescinded Approval of all plans and specifications shall be automatically rescinded by the Board of Directors unless construction in accordance with such plans Page 4 of 5
shall have been commenced within six 6 months from the date of the approval VI Completion of Construction A The erection or alteration of any building structure wall fence or other structure authorized by the Board of Directors or the rebuilding or repair of any such structure damaged by fire or other casualty shall be competed as rapidly as possible B Should the owner leave any such project in an incomplete condition for more than ten 10 months from commencement of such construction delays beyond the control of the owner excepted the Board of Directors is authorized and empowered in its sole discretion to tear down and clear from the premises the uncompleted portion of such improvement or to complete the same at its discretion C Expenses incurred including reasonable attorney fees shall be charged against the owner of the lot and shall become a lien upon the lot with interest thereon until paid D The Board of Directors must give the record owner of the lot thirty 30 days written notice by mail at his last known address of its intention to complete or tear down such structure Page 5 of 5
Policy Letter Regarding WATERFOWL REMOVAL CRACKERS ELV Policy 001 updated and approved May 2008 Updated and approved June 1 2021 This letter concerns the Removal of Waterfowl from the lakes by the use of noise generated by the utilization of crackers a firecracker like device discharged from a short range firearm This is to aid in the Control of Escherichia coli e coli Note The closing of ELV beaches is usually due to waterfowl feces e coli 1 The Lakes Chairperson will annually recruit volunteers to discharge crackers into the lakes to frighten the waterfowl when necessary 2 The ELV Board will annually at the Spring meeting approve and authorize the selected volunteers to act under the direction of this policy letter Note Troy Police may be apprised of the names of these individuals It is not necessary to get approval each year from the city The selected volunteers names are to be entered into the ELV Board meeting minutes 3 The volunteers are to be contacted for this service only by the Current Lakes Chairperson or a Lake Representative previously designated by the Lakes Chairperson No one other than the persons designated in this paragraph can authorize the use of crackers 4 The volunteer will not discharge crackers without the prior request of the Lakes Chairperson or a Lake Representative 5 The volunteer will gain access to the lake by notifying the homeowner prior to entering the property when possible Note Attempt should be made to use a resident that is familiar with the procedure and previously had been notified their property will be used for access to the lake The Lake Representative s property should be used whenever practical 6 After the waterfowl have departed the volunteer should initiate another application of the noise should they return This should be accomplished as soon as possible after they land The waterfowl must find it uncomfortable each time they come back so to reinforce their finding another place to occupy 7 To make this system effective the volunteer and Lake Representative must work closely to ensure the waterfowl stay frightened away The volunteer should proceed to discharge crackers at other lake s as necessary to ensure the geese are frightened away from all of the lakes 8 The criteria use this noise control will be established by the Lakes Committee and approved by the ELV Board This criteria to be published in the newsletter 9 The purchase of shell crackers is to be authorized by the Lakes Chairperson Only those authorized will be reimbursed by the Association The crackers are to be stored in the Lake Chair s home and in those volunteer s homes authorized by the Lakes Chair 10 Residents will notify their Lake Representatives when waterfowl are on their property or on the lake and need to be removed using the established criterion Should your Lake Rep not be available call any Lake Rep or the Lake Chairperson 11 Residents are to be periodically advised in the newsletter how to acquire this service
12 Approval to use shell crackers has been granted by the Chief of Police of Troy through December 31 2025 with the restrictions and requirements outlined in the letter below Approval can be renewed by writing to the Chief of Police PolicyLetter 231 2 of 2 June 1 2021
EMERALD LAKES VILLAGE Homeowners Association P O Box 113 Troy MI 48099 Policy Letter Regarding DELINQUENT DUES AND PROPERTY LIENS ELV Policy 002 updated and approved September 1 2009 This letter concerns the LATE PAYMENT AND COLLECTION FEES POLICY associated with the late or nonpayment of Association dues also known as the annual maintenance charge or operating fund assessment The Association fees are the responsibility of the person persons in whose name the deed for said building site is recorded in the Oakland County Register of Deeds on the first day of each calendar year This is detailed in the Association Bylaws The Board will periodically adjust the fees as dictated by the costs to the Association for this course of action The annual dues maintenance charges are payable through the last day of February and if not paid become delinquent on March 1 Payments received on or after March 1 are subject to a late payment fee as shown herein Delinquent dues maintenance charges plus late fees fines and costs are subject to property lien recording on or after March 1 as determined by the Board of Directors or its authorized agent The current fee schedule is as follows Late payment fee 25 00 Property lien recording fee 100 00 PolicyLetter 232 1 of 1 4 11 2010
EMERALD LAKES VILLAGE Homeowners Association P O Box 113 Troy MI 48099 Policy Letter Regarding ENVIRONMENTAL POLICIES ELV Policy 003 updated and approved March 2009 1 PHOSPHOROUS BAN The Board adopted a policy to ban the use of fertilizers containing phosphorous for the protection of our lakes and the entire watershed including the county drain creek Do not use any products that contain phosphorous Use slow release nitrogen fertilizer on your lawns 2 DO NOT FEED THE DUCKS AND GEESE They pollute the lakes and creek and it is against the City of Troy ordinances governing the feeding of waterfowl Control the food dropping from your bird feeders 3 ENSURE ALL ANIMAL WASTES ARE DISPOSED OF PROPERLY Do not leave the droppings in the street sidewalks beaches or lawns Do not allow your pets to run freely on your neighbor s lawn 4 DO NOT ALLOW LAWN CLIPPINGS TO GET INTO THE WATER This includes clippings from lawn cuttings being blown directly into the water by the mower AND clippings left in the street or on sidewalks You are responsible for the removal of the clippings from the street and sidewalks It is your responsibility to require your lawn service to comply 5 DO NOT LET GRASS GROW INTO THE WATER 6 RAKE WEEDS AND FALLEN LEAVES FROM THE LAKE AND THE STREETS Contact your lake representative for a lake rake if necessary Keep the street drain area free of leaves and all debris Keep the lake bottom clean 7 NEVER PUT ANYTHING DOWN THE STREET DRAINS Be especially watchful for contractors using the street drains for their waste disposal i e soap or chemicals from carpet cleaning oil cement truck or carrier cleaning washing of sand or other material etc etc NOTHING down the street drains REMEMBER
ANYTHING AND EVERYTHING THAT GOES INTO OUR STREETS AND DOWN OUR DRAINS ENDS UP IN OUR LAKES AND THE ENTIRE WATERSHED PLEASE NOTE THE WARNING LABELS ON THE STORM DRAINS 8 NO LIVE BAIT Worms are the only acceptable live bait to be used when fishing This is to prevent the introduction of nuisance invasive species of fish Do not place aquarium fish or plants in the lakes Fishing for Bass is catch and release only 9 DO NOT TRANSFER FISH FROM LAKE TO LAKE This includes transferring from one ELV lake to another and from a lake or any other water body to one of our lakes 10 CLEAN YOUR BOAT BEFORE PUTTING IT IN OUR WATERS Make sure your boat does not have an invasive plant or zebra mussel hidden BEFORE you put it in the water 11 DO NOT USE SALT OR ANY ICE MELTING CHEMICALS on your driveway or sidewalk Use sand when necessary 12 USE PHOSPHORUS FREE SOAP WHEN WASHING CARS Wash cars on your lawn so runoff is absorbed by the lawn 13 DO NOT PUMP WATER FROM THE LAKE or the COUNTY DRAIN creek No pumping of water from the lakes or county drain creek for any reason No discharge of water or other substance into our lakes is allowed 14 NO MOTOR POWERED CRAFT VEHICLE ALLOWED ON THE LAKE Summer or Winter No powered craft of any type is permitted on the lakes or lake ice This is to include remote controlled boats and similar devices A contractor hired by the Association to maintain the lakes may use a powered craft Canoes sail boats and other small craft not exceeding sixteen 16 feet in length will be permitted 15 NO DOCKS BOATHOUSES ICE SHANTIES CRAFTS RAFTS FLOATING DEVICES OR STRUCTURES OF ANY TYPE shall be anchored overnight on the lakes or constructed on any lot in the Village 16 DO NOT CHANGE THE SHORELINE There shall be no channels cut or any alteration of the existing shoreline All shorelines must be maintained to prevent erosion 17 DO NOT PLANT TREES NEAR THE WATER No Tree Is To Overhang The Water The word tree means shrubs bushes and all other woody vegetation 18 FENCES HEDGES While planning and BEFORE installation see Policy Letter 4 and ELV Restrictions or contact the ELV Restrictions Chairperson
19 SEAWALLS RETAINING WALLS Installation of seawalls steel wood composite rocks etc is regulated under Part 301 Inland Lakes and Streams of Public Act 451 of 1994 The Land and Water Management Division LWMD of the DEQ issues the permits for such activities Contact the Michigan Department of Environmental Quality District Office in Warren MI by telephone at 586 753 3700 or http www michigan gov deq 20 STORAGE SHEDS STORAGE UNITS COMPOST CONTAINERS etc planned to be placed outside When planning and before purchase or installing see Policy Letter 10 and if necessary contact the ELV Restrictions Chairperson PolicyLetter 233 Page 2 of 2 4 11 2010
EMERALD LAKES VILLAGE Homeowners Association P O Box 113 Troy MI 48099 Policy Letter Regarding FENCES HEDGES STRUCTURES ELV Policy 004 updated and approved June 7 2021 Sections 2 3 and 6 of the Amended Restrictions state the restrictions applicable to fences structures hedges garden walls etc See Emerald Lakes Village Declaration of Restrictions Amended Restrictions Agreement Section 2 Section 3 a and c and Section 6 h i and j Based on the intent expressed by the developer to maintain a beautiful harmonious private residential area the Board has adopted the following policy 1 The terms fence wall privacy wall and hedge are interchangeable 2 In general fences are prohibited with limited exceptions as noted in Section 2 and Section 6 a h i and j 3 The limited exceptions for fences are a Swimming pool security fences b Dog runs Note Dog run fences are strongly discouraged The invisible fence type electronic fence is the preferred method of restricting a dog to the owner s property c Privacy fences or walls for patio privacy and between houses i Shall not extend farther than the rear of the house or patio and not extend beyond the front of the garage or house building ii Approved privacy fences of any variety to shield a deck etc shall not exceed six 6 foot six 6 inches in height 4 Natural green fences hedges etc fall under the same restrictions and approval criteria as constructed fences in relation to approval to plant location height type grade elevation etc All lots and premises shall be adequately maintained to prevent excessive growth of shrubs bushes trees and similar plantings which obscures the view of lake areas from adjacent residences 5 The Restrictions shall control and in no case will any of the items approved by the Board be in violation of Sections 2 and 6 a PolicyLetter 4Fences06072021FINAL 1 of 2 6 14 2021
This page is for reference only It is not part of the Policy Letter The following are excerpts from the Restrictions Section 2 No building wall fence or other structure shall be erected placed or altered on any lot until detailed construction plans and specifications and a plot plan showing the location shape height materials color scheme surface drainage grade elevation of the structure have been submitted to and approved by the Architectural Control Committee excepting alterations in no way affecting the exterior portion of the structure as to the quality of workmanship and materials harmony of exterior design with the surrounding area and the effect of the proposed structure on the adjacent or neighboring property including without limitation the outlook or view from adjacent property and as to location with respect to topography and finish grade it being the purpose of this section to maintain the Village as a beautiful harmonious private residential area Section 3 a No building wall or fence shall be erected placed or altered on any lot until the building plans specifications and plat plan showing the location of such building structural additions walls or fences have been approved in writing by a majority vote of the Architectural Control Committee Committee composed of members of the Association or a majority vote of the members of the Board of Directors c No plans or specifications shall be altered and used without the written consent of the Committee Application for such consent shall be submitted in the same manner as new plans and specifications Section 6 h Fences Security fences as required by the City of Troy enclosing an in ground swimming pool or used to enclose dog runs adjacent to the owner s home shall be the only kind of continuously run fences permitted homeowners in the Village except that Village perimeter lot owners may erect only split rail fences along the Village perimeter lot line common to their property In ground pool fences shall be four to six feet in height and shall be of such character type style and location as approved by the Association No such fence shall be installed altered or relocated without prior approval of the Association Dog run enclosures shall not exceed 10 in width by the length of the residence wall and shall not exceed 6 in height Fence characteristics shall be compatible with the landscape of the yard and the houses in the immediate area Fence materials may be vinyl clad chain link or wood constructed so as to provide at least 1 3 free surface area for air passage Installation of all fences shall be according to city code and must be approved by the Association i Minimum Property Maintenance Standards All buildings walls and fences shall be adequately maintained to prevent the following unpainted wood surfaces painted surfaces which are blistered and peeling detached or sagging rain gutters detached or sagging aluminum or vinyl siding or trim unrepaired broken windows doors or wood trim and unrepaired broken exterior electrical fixtures All lots and premises shall be adequately maintained to prevent mature seed bearing noxious weeds to prevent the height of grasses in excess of ten 10 inches above the underlying soil over more than 10 of the unsurfaced and unbuilt lot area to prevent excessive growth of shrubs bushes and similar plantings which obscures the street side view of the residence except side yards of corner lots or which obscures the view of lake areas from adjacent residences j Completion of Construction The erection or alteration of any building wall or fence authorized by the Committee or the rebuilding or repair of any such structure damaged by fire or other casualty shall be competed as rapidly as possible Should the owner leave any such building wall or fence in an incomplete condition for more than ten 10 months from commencement of such construction delays beyond the control of the owner excepted the Committee or Association is authorized and empowered in its sole discretion to tear down and clear from the premises the uncompleted portion of such improvement or to complete the same at its discretion and in such event the expenses incurred shall be charged against the owner of the lot and shall become a lien upon the lot with interest thereon until paid provided that the Committee or Association must give the record owner of the lot thirty 30 days written notice by mail at his last known address of its intention to complete or tear down such structure PolicyLetter 4Fences06072021FINAL 2 of 2 6 14 2021
EMERALD LAKES VILLAGE Homeowners Association P O Box 113 Troy MI 48099 Policy Letter Regarding LAKE LEVEL Stabilizing and Maintaining ELV Policy 005 updated and approved June 12 2017 1 This policy is applicable to all six 6 Emerald Lakes Village lakes 2 The Lakes Chairperson is responsible for monitoring maintaining and recording lake levels from April through November Note Each lake is considered full when the water level reaches the inverse bottom of the overflow pipe 3 The Andale Augmentation Pump aka Andale pump will be operated and tested for proper operation each year as early in April as practical 4 In the spring when Pebble stops overflowing to Walker the Andale augmentation pump will be turned on The Andale pump valves will be positioned to direct the total capacity of the pump to Emerald Lake so it can overflow into Pebble via the existing overflow and storm drain system The Andale pump is to be turned on even if Emerald is to some extent overflowing at that time Emerald is to be monitored closely so as not to overfill overfull to be considered four 4 inches over inverse The object is to fill Pebble to overflowing while not filling Walker and to keep Emerald full Keeping in mind it is VERY difficult to recover lost lake levels 5 Should Pebble be overflowing into Walker and Emerald not overflowing the Andale augmentation pump is to be turned on 6 Should Emerald fall below the overflowing point and Pebble is nine 9 inches below the full point the crossover pump should be installed and started This is the portable pump that pumps water from Emerald directly into Pebble via the overflow pipe and storm drain system This overflow and drain is located at 1525 Three Lakes Drive Note Nine 9 inches below full equates to 682 02 feet above sea level 7 At various times during the summer the flow from the Andale pump may be slightly diverted from Emerald to Andale as warranted by the level of Andale A measurement of 12 to 14 inches below full should be the point that triggers augmentation of Andale The Andale pump should be diverted 100 to Emerald when Andale is within nine 9 inches of full 8 The pump will be turned off a If the weather conditions permit the lakes to fill to their capacity b Walker Lake level approaches nine 9 inches from full while Pebble is overflowing into Walker and Emerald is overflowing into Pebble c After Labor Day This will allow natural variation in water level aid those people who want to do maintenance work on their property and will require lower lake levels to accomplish the work d In an emergency PolicyLetter 5 LakeLevel 06 12 2017 Page 1 of 14 07 04 2017
EMERALD LAKES VILLAGE Homeowners Association P O Box 113 Troy MI 48099 The following is justification for the Policy Letter on Lake Level only It is not a part of the Policy The maintaining of the lake levels is critical for many reasons not the least of which is the health of the lakes in general and property values in particular The developer of the Village along with the City of Troy Engineering Department the Army Corps of Engineers and the Oakland County Drain Commission were involved in approving the design of the Emerald Lakes Village lake system including the overflows valves and wells Two 2 augmentation pumps were installed to maintain the designed lake levels in every lake except Sandshores Lake levels are a factor in the promotion of weeds and algae The more water lost the easier for the sun to penetrate the water and promote vegetation growth in the lakes Our shallow lakes cannot afford a significant loss of the water or rising water temperatures due to reduced volume It is recognized that Pebble and Andale have significant loss of lake water during the summer months The level of these two lakes is to be closely monitored It is also recognized there is no practical way to augment the level of Sandshores or Crystal Lakes at this time due to the Crystal augmentation pump being seated in a salt water pool The pump is removed from this system The piping and electrical remain It is irresponsible to jeopardize our lakes when we have the resources to maintain the lakes at the design levels Low lake levels tend to undermine many sea walls causing extensive damage along with the erosion of shoreline It is not environmentally sound to have sub level lakes In many communities lake levels are controlled by the County Government to minimize a wide range of problems PolicyLetter 5 LakeLevel 06 12 2017 Page 2 of 14 07 04 2017
EMERALD LAKES VILLAGE Homeowners Association P O Box 113 Troy MI 48099 The following Appendices A through E provide more information as follows Appendix A Drawing of the Sandshores Lake Overflow System The overflow system for all lakes except Sandshores is designed so that when the water levels are over the invert bottom or floor of the pipe at the lake that much water flows out the other end of the pipe The Sandshores overflow system is different from the rest of the system as it was designed and engineered by a different company The Sandshores overflow is designed so that water flow to the creek will only occur when the water level is over the crown top or ceiling of the pipe at the lake due to the reverse slope of the pipe Refer to the drawing of the Sandshores Lake Overflow System as provided by Dave Diener and substantiated by past discussion with the City of Troy Engineering Department Appendix B City of Troy Engineering Department Drawings of the Emerald Lakes Village to County Drain Connections Appendix C Map Showing Locations of Sumps Five 5 sumps exist on lots between Walker Lake and the creek Two 2 of the sumps are on the street catch basins If you see manholes these are the sumps This is additional information about the location of the sumps and their connection into the county drain based on a walking survey performed by ELV residents in May 2016 a The drain comes northwest out of Walker Lake at 6368 Sandshores Dr In the front yard of 6368 Sandshores Dr SUMP 1 exists and a drain flows northeast toward Walker Rd b In the side yard of 6358 Walker Dr the drain goes into SUMP 2 and another drain continues northward c In the front yard of 6358 Walker Dr the drain goes into SUMP 3 and another drain continues northward d At the southeast corner of Sandshores Dr and Walker Dr the drain goes into a catch basin in the street SUMP 4 and another drain goes north under Walker Dr to a second catch basin in the street SUMP 5 e Just north of the second catch basin is SUMP 6 with a gate in the front yard of 6341 Walker Dr after which another drain goes north to another sump in the back yard of 6341 Walker Dr near the county drain APPENDIX D Crystal Lake Drainage Map APPENDIX E Andale Augmentation Pump Operations Guide APPENDIX F Set up and Operation of the Crossover Pump The storage location of the crossover pump is at Public Storage 2100 W Utica Road Shelby Twp just east of Dequindre and north of M 59 Contact the Corresponding Secretary for information on accessing the storage unit The location of where the crossover pump would be inserted hooked up and operated is at 1525 Three Lakes Dr The homeowner located at this address must first give permission for access to this location for purpose of installing the pump and for the installation of the necessary underground wiring which is needed to provide the electricity for pump operation NOTE Keys to the electrical boxes for operation of the Andale Augmentation Pump and the Crossover Pump are kept by the Lakes Chair and the President PolicyLetter 5 LakeLevel 06 12 2017 Page 3 of 14 07 04 2017
EMERALD LAKES VILLAGE Homeowners Association P O Box 113 Troy MI 48099 APPENDIX A Drawing of the Sandshores Lake Overflow System PolicyLetter 5 LakeLevel 06 12 2017 Page 4 of 14 07 04 2017
EMERALD LAKES VILLAGE Homeowners Association P O Box 113 Troy MI 48099 APPENDIX B City of Troy Engineering Department Drawings of ELV to County Drain Connections PolicyLetter 5 LakeLevel 06 12 2017 Page 5 of 14 07 04 2017
EMERALD LAKES VILLAGE Homeowners Association P O Box 113 Troy MI 48099 APPENDIX B City of Troy Engineering Department Drawings of ELV to County Drain Connections continued PolicyLetter 5 LakeLevel 06 12 2017 Page 6 of 14 07 04 2017
EMERALD LAKES VILLAGE Homeowners Association P O Box 113 Troy MI 48099 APPENDIX B City of Troy Engineering Department Drawings of ELV to County Drain Connections continued PolicyLetter 5 LakeLevel 06 12 2017 Page 7 of 14 07 04 2017
EMERALD LAKES VILLAGE Homeowners Association P O Box 113 Troy MI 48099 APPENDIX C Map Showing Locations of Sumps SUMP 7 6 4 5 3 2 1 PolicyLetter 5 LakeLevel 06 12 2017 Page 8 of 14 07 04 2017
EMERALD LAKES VILLAGE Homeowners Association P O Box 113 Troy MI 48099 APPENDIX D Crystal Lake Drainage Map PolicyLetter 5 LakeLevel 06 12 2017 Page 9 of 14 07 04 2017
EMERALD LAKES VILLAGE Homeowners Association P O Box 113 Troy MI 48099 APPENDIX E Andale Augmentation Pump Operations Guide ANDALE AUGMENTATION PUMP This pump is capable of pumping to Andale Lake Emerald Lake or both lakes at the same time The system is comprised of 4 pipes sticking out of the ground and a fairly large electrical box located several feet away from the pipes All of this is located at the edge of Andale Lake at 1730 Three Lakes Dr From one underground valve the water is pumped directly into Andale From the other underground valve the water is pumped to a lawn drain adjacent to the driveway at 1730 Three Lakes Dr The lawn drain dumps into a street drain and then into Emerald Lake at 1743 Three Lakes Dr NEVER close both of these valves at the same time One valve must always be open to prevent damage to the pump Should both be closed the pump attempts to pump water and cannot The pump will shortly become overheated and will destroy itself The pump must be checked for operation and the pressure checked and recorded in early spring long before use is anticipated is case any repair is required Pump Valve Operation Obtain the special tool needed from where it is stored at the home of the Lakes Chairperson Remove the bolt from both valve operating shafts with the special tool Insert the special tool in the hole where the bolt was Ensure one valve is all the way to the right and the other is all the way to the left Note The valves do not move very far Turn the switch on the side of the electrical panel to the center position The selector switch is labeled Hand 0 Auto Manual Operation Off Automatic Operation Place the switch in the 0 position Turn the main disconnect of the front of the panel to on Turn the selector switch to Auto If the valves are positioned to pump only to Andale you should see slight water movement about 20 feet from shore in Andale If the valves are positioned to pump only to Emerald you should hear water flowing in both the street drain and the drain in the grass To pump to both lakes start with the valves positioned to pump to Emerald Open the Andale valve slightly Turn System Off Turn selector switch on the side of the electrical panel from Auto to the center position Hand 0 Auto Turn the main disconnect switch on the front of the panel to off PolicyLetter 5 LakeLevel 06 12 2017 Page 10 of 14 07 04 2017
EMERALD LAKES VILLAGE Homeowners Association P O Box 113 Troy MI 48099 APPENDIX E Andale Augmentation Pump Operations Guide continued Pressure Test To be recorded each spring pressure should be 5 psi With the pump running and pumping to one of the lakes attach pressure gage to the pressure gage pipe Slowly open the valve on the top of the pipe After reading pressure close valve and remove gage Attach pressure gage here Remove Bolt from shaft and insert the special tool The pipe closest to Andale will put water in Andale Shaft that turns the valve on and off PolicyLetter 5 LakeLevel 06 12 2017 Page 11 of 14 07 04 2017
EMERALD LAKES VILLAGE Homeowners Association P O Box 113 Troy MI 48099 APPENDIX E Andale Augmentation Pump Operations Guide continued On Off Disconnect switch Hand 0 Auto Selector Special Tool to Operate the Valves Bolt to be removed Insert the special tool in the hole to operate underground valve This end goes in the hole that you took the bolt out of PolicyLetter 5 LakeLevel 06 12 2017 Page 12 of 14 07 04 2017
EMERALD LAKES VILLAGE Homeowners Association P O Box 113 Troy MI 48099 APPENDIX E Andale Augmentation Pump Operations Guide continued Pressure Gage Installed Valve Turning Tool Installed PolicyLetter 5 LakeLevel 06 12 2017 Page 13 of 14 07 04 2017
EMERALD LAKES VILLAGE Homeowners Association P O Box 113 Troy MI 48099 APPENDIX F Set up and Operation of the Crossover Pump The addition of this information on set up and operation of the crossover pump is planned for a future revision of this policy letter PolicyLetter 5 LakeLevel 06 12 2017 Page 14 of 14 07 04 2017
EMERALD LAKES VILLAGE Homeowners Association P O Box 113 Troy MI 48099 Policy Letter Regarding JOB DESCRIPTIONS of the Board of Directors ELV Policy 006 updated and approved September 3 2014 DIRECTOR A DIRECTOR is a member of and reports to the Board of Directors of Emerald Lakes Village Homeowners Association ELV HOA This position is an elected volunteer position whose term expires as specified in the ELV HOA Bylaws The scope of this function includes but is not limited to the following It shall be the duty of the Board of Directors to care for the property and interest of the Association and to determine the policies for the conduct of its affairs consistent with such specific instructions as the Board may receive from the Association members The Board shall have the power to raise and expend funds to promote the welfare of the Association and to employ by all such means not in conflict with these Bylaws or with the laws of the land as it may deem proper and expedient to secure the objectives for which the Association is organized In addition to the foregoing provisions stated in the Bylaws a Director shall 1 2 3 4 5 6 7 8 9 Represent and protect the interests of the members of the Association Attend all meetings of the Board of Directors and of the Homeowners Be responsible to bring their viewpoint and experience to discussions on matters Recognize that the authority to govern the affairs of the Association rests with the Board collectively Despite differences of opinion expressed during the approval process individual Directors must unequivocally support Board decisions and ensure the Board speaks with one voice even if their vote on a particular issue was of the dissenting opinion Become educated in the business of the Association operations in order to effectively serve Be capable of evaluating facts and free from prejudices or personal interest in reaching sound independent decisions Uphold their Fiduciary Duties generally defined as a Duty of Care This duty is a common law standard that holds directors to that degree of care which ordinarily prudent and diligent individuals would exercise in handling the affairs of others under similar circumstances b Duty of Loyalty This is a general responsibility that prohibits Directors from putting their personal interests above those of the Duty of Candor or Disclosure The duty of candor or disclosure requires Directors to provide full and open disclosure of all facts and circumstances which may impact the Board s deliberations on matters under consideration Facilitate transition to the successor Director PolicyLetter 6 JobDescriptions 9 3 14 FINAL Page 1 of 11 9 25 2014
PRESIDENT The PRESIDENT is a member of and reports to the Board of Directors of Emerald Lakes Village Homeowners Association ELV HOA This position is an elected volunteer position whose term expires as specified in the ELV HOA Bylaws The scope of this function includes but is not limited to the following The President shall be the Chief Executive Officer of the Corporation and shall preside at all meetings of the Association and Board of Directors meetings The President shall appoint with the approval of the Board the chairperson of any Special Committees and shall cooperate with that chairperson when necessary in appointing members of that committee The President shall call any meetings of the Board of Directors at such time as deemed advisable or upon request of no fewer than three 3 members of the Board It is the duty of the President to carry out the will of the Board and the Association as expressed at their respective meetings and in general conduct the affairs of the Association in a manner consistent with the authority and responsibilities of the office The President or assignee when representing Emerald Lakes Village outside of normal ELV membership meetings or Board meetings must have prior approval of either the Board of Directors or the membership to act on behalf of the Emerald Lakes Village membership Without such approval the President or assignee speaks as a private citizen In addition to the foregoing provisions stated in the Bylaws the President shall 1 Have all the general powers and duties which are usually vested in the office of the President of an association 2 Develop an agenda for Board meetings and the Homeowners meetings 3 Prepare periodic President s Messages for the Emerald Lakes Village Update newsletter 4 Confer with vendors and other Association partners as needed This may include a formal visit to a vendor s headquarters or it may be phone or e mail correspondence 5 Facilitate transition to the successor President VICE PRESIDENT The VICE PRESIDENT is a member of and reports to the Board of Directors of Emerald Lakes Village Homeowners Association ELV HOA This position is an elected volunteer position whose term expires as specified in the ELV HOA Bylaws The scope of this function includes but is not limited to the following The Vice President shall perform the duties and exercise the powers of the President during the absence or inability of the President to serve and shall also be an official member of all committees The VicePresident shall serve as sergeant at arms at all meetings of the members to determine specifically the eligibility of all persons to vote In addition to the foregoing provisions stated in the Bylaws the Vice President shall 1 2 3 4 5 Maintain a state of readiness to assume the office of President Keep well informed about the affairs of the Association Attend all meetings of the Board of Directors and of the Homeowners Perform such other duties as may be delegated by the President or the Board of Directors Facilitate transition to the successor Vice President PolicyLetter 6 JobDescriptions 9 3 14 FINAL Page 2 of 11 9 25 2014
RECORDING SECRETARY The RECORDING SECRETARY is a member of and reports to the Board of Directors of Emerald Lakes Village Homeowners Association ELV HOA This position is an elected volunteer position whose term expires as specified in the ELV HOA Bylaws The scope of this function includes but is not limited to the following The Recording Secretary shall attend all regular business meetings and meetings of the Board of Directors and maintain a true and accurate record of the proceedings in books of the Corporation It shall be the duty of the Recording Secretary to email the minutes of the previous meeting to all Board of Directors five 5 to ten 10 days prior to the next meeting In the exceptional case that emailing minutes is impossible the Recording Secretary shall read the minutes of the previous meeting to the Board members at the next meeting The Recording Secretary shall perform such other duties as may be delegated by the Board of Directors In addition to the foregoing provisions stated in the Bylaws the Recording Secretary shall 1 Send a call for the monthly Board of Directors meeting along with an agenda and draft of the previous month s minutes to all Directors prior to each monthly Board meeting 2 Prepare the minutes for each Board Spring and Annual meeting 3 Prepare a summary of all minutes and send them to the Corresponding Secretary for posting on the ELV Website 4 Schedule a meeting room for the Association s fall annual and spring informational meetings 5 Send final versions of all minutes to the President to save on a flash drive at his her residence Back up files once a year on a flash drive and place in ELV s off site storage 6 Facilitate transition to the successor Recording Secretary CORRESPONDING SECRETARY The CORRESPONDING SECRETARY is a member of and reports to the Board of Directors of Emerald Lakes Village Homeowners Association ELV HOA This position is an elected volunteer position whose term expires as specified in the ELV HOA Bylaws The scope of this function includes but is not limited to the following The Corresponding Secretary shall give all notices required by statute Bylaw or resolution and carry on the correspondence of the Association as directed by the Board The Corresponding Secretary shall be responsible for preparing the periodic Association newsletter and shall perform all such other duties as may be delegated by the Board of Directors To publish the periodic association newsletter the Corresponding Secretary shall 1 Write articles or receive material for newsletter from Board members residents previous newsletters and other sources a Deadline for ads articles shall be the first Friday of each month Board meetings are the first Tuesday of each month The author s name must appear with each article Submitted ads and articles must be signed b We do not publish articles that relate to specific neighbor disputes Articles must relate to issues that affect the entire community PolicyLetter 6 JobDescriptions 9 3 14 FINAL Page 3 of 11 9 25 2014
c Include committees names and phone numbers in each newsletter as space permits along with the monthly committee reports d Relevant lake articles can be emailed to the Michigan Riparian magazine 2 Receive or create display ads from advertisers to be placed in the newsletter a Meet with advertisers and collect fee If advertiser is a resident dues must be paid for an ad to be placed b Fee Schedule 1 issue 60 2 issues 100 3 issues 135 4 or more 40 per month c Checks should be made payable to ELV Homeowners Association and given to the Treasurer d Residents who have paid their homeowner s dues may place a written classified ad in the newsletter free of charge but they must use their home phone number Obtain a list of residents who have not paid their dues from the Treasurer 3 Type layout the newsletter which is currently done in Microsoft Publisher 4 Deliver a hard copy to printer via email ELV currently uses Allegra Print and Imaging 3334 Rochester Rd 248 528 2990 orders allegratroy com A total of 580 copies are printed monthly 5 Proof newsletter and pick it up following its printing 6 Put mailing labels on the newsletters Labels are done on 5160 Avery labels printed from newsletter editor s computer 7 Put first class stamps on each newsletter 8 Newsletters should also be sent to companies that are advertising in the newsletter 9 Mail a newsletter to Ross Martin Ameriplus Mortgage 2050 Livernois Troy MI 48083 advertises as Century 21 Town and Country Ross receives exclusive real estate advertising because he pays us 200 each month 10 Keep at least five 5 copies of each newsletter on file 11 Deliver newsletters to loading dock at Troy Post Office 12 Give extra copies to Membership Chairperson to give to new residents when greeting them 13 Send the newsletter via email to the Webmaster for posting on the ELV website Do not include names and phone numbers of minors in the newsletter that is posted on the ELV website Do not include names and phone numbers of minors or new resident information in the newsletter that is posted on the ELV website In addition to the foregoing provisions stated in the Bylaws the Corresponding Secretary shall 1 Attend all Board meetings 2 Oversee the ELV HOA Webmaster and send information important to Association residents to the Webmaster for posting on the ELV HOA website www elvsite com The Webmaster is responsible for maintaining our website and posting information in a timely manner The Webmaster is also responsible for renewing the name of our website 3 Maintain mailing list of residents and owners of rental homes file mailmergeprint0114 4 Prepare budget for Treasurer showing estimated yearly cost of printing and mailing the newsletter and the estimated advertising revenue 5 Back up files once a year on a flash drive and place in ELV s off site storage 6 Facilitate the transition to the succeeding Corresponding Secretary PolicyLetter 6 JobDescriptions 9 3 14 FINAL Page 4 of 11 9 25 2014
TREASURER The TREASURER is a member of and reports to the Board of Directors of Emerald Lakes Village Homeowners Association ELV HOA This position is an elected volunteer position whose term expires as specified in the ELV HOA Bylaws The scope of this function includes but is not limited to the following The Treasurer shall be responsible for accurate maintenance of all financial records and shall render to the President and directors an account of all transactions the financial report and the financial forecast of the Association at the regular meetings of the Board and or whenever requested by them The Treasurer shall be responsible for the following actions 1 2 3 4 5 6 To prepare an annual financial statement and a tentative budget for the oncoming fiscal year To oversee all functions of any assistant treasurer To collect all monies due the Association in accordance with Board policy To process all lien procedures created by delinquent dues To deposit all monies securities and other valuable effects in the name of the Association To disburse the funds of the Association as may be ordered by the Board taking proper vouchers for such disbursements and maintaining an accurate record of all expenditures In addition to the foregoing provisions stated in the Bylaws the Treasurer shall be responsible for 1 Work with the Committee Chairpersons and President as necessary to provide a workable detailed budget to the Board at the September Board meeting based on past spending projected expenditures and estimated reserves 2 Receive Board approval of the proposed budget prior to it being presented to the Association members at the Annual Meeting 3 Cause the proposed budget s to be published in the newsletter Emerald Lakes Village Update prior to presenting it to the homeowners at the Annual Meeting for approval 4 Provide the residents with printed copies or visual of the proposed budget s at the Annual Meeting 5 Present the proposed budget s at the Annual Meeting and answer questions 6 Provide the Board with monthly financial reports that include a Report date as of the last day of the month b Year to Year Comparative Balance Sheet c Year to Year Comparative Income Expense Statement d Current Year to Date Income Expense Budget vs Actual Statement e Income Expense Budget Performance Summary showing month and year to date actual vs budget and total annual budget f Income Expense Budget Performance Detail as in e but with line item detail for each category of income and expense g Cash Flow Projection for the current year h Accounts Receivable A R Aging Summary i A R Aging Detail with supporting sub reports as deemed necessary 7 Submit financial account reconciliations to the President or other designee for review and initial 8 Submit copies of statements of financial account to the President or designee 9 Pay expenses of the Association as supported and approved by various Committee Chairpersons and or the Board Note The Director or Committee Chairperson is allowed to authorize payment of an invoice amount up to and including 2 000 providing the expenditure is detailed within their approved PolicyLetter 6 JobDescriptions 9 3 14 FINAL Page 5 of 11 9 25 2014
budget All miscellaneous or other expense amounts over 25 must be approved by the Board prior to the expenditure being made 10 Maintain a permanent record of annual dues paid 11 Oversee entries made by any Assistant Treasurer 12 Keep current the contact names for depository and investment accounts and post office box 13 File liens on all lots for annual dues deemed delinquent 14 Review the Association s insurance policy with the Board of Directors annually or as necessary and pay the premium accordingly 15 File the annual report with the State of Michigan for non profit corporations as it concerns this Association and safely keep in his her custody the Seal of the Corporation and shall have authority to affix the same to all instruments where its use is required 16 Cause to have prepared and file the Corporation s annual Federal Income Tax Return any required Michigan Income Tax Return and the Annual Michigan Franchise Tax Return in a timely manner 17 Cooperate with the Audit Committee who must complete the audit prior to the Annual Membership Meeting 18 Facilitate transition to the successor Treasurer LAKES COMMITTEE CHAIRPERSON The LAKES CHAIRPERSON is a member of and reports to the Board of Directors of Emerald Lakes Homeowners Association ELV HOA This position is an elected volunteer position whose term expires as specified in the ELV HOA Bylaws The scope of this function includes but is not limited to the following The Lakes Committee shall be composed of a chairperson and a representative from each lake The chairperson is responsible to maintain the health and cleanliness of all lakes within Emerald Lakes Village arrange for lake treatment as required and investigate lake and environmental problems including abnormal lake levels aquatic life and animal control The ELV Homeowners Association has the authority to control nuisance animals and Canada Geese in any way the Association deems appropriate within the laws of the State of Michigan In addition to the foregoing provisions stated in the Bylaws the Lakes Chairperson shall 1 Attend all Board meetings unless excused for just cause 2 Submit reports as necessary regarding lake conditions to the Board of Directors 3 Provide guidance to homeowners of ELV in the proper care of waterfront property for optimal maintenance of water quality for safe recreational use in accordance with lake policies 4 Coordinate lake treatments with the approved contractor and evaluate the performance of their services 5 Obtain at least two competitive quotes for the significant portion of work to be completed in the respective areas every three years These quotes should be presented to the board for discussion and agreement prior to signing any contracts with the vendor 6 Present an annual proposed lakes budget based on needs for treatments permits in accordance with the State of Michigan improvement projects and maintenance of all lakes 7 Confer on a continuous basis approval of the Board required with the City of Troy regarding cleaning and maintaining storm drains and overflows 8 Investigate research and recommend to the Board corrective action concerning water quality issues including non point pollution sources algae concerns plant growth and fish populations PolicyLetter 6 JobDescriptions 9 3 14 FINAL Page 6 of 11 9 25 2014
9 Encouraged to become a member of the Michigan Lakes and Streams Association and seek membership or communication with organizations relating to inland lake water quality including the Clinton River Watershed Council 10 When called upon present lakes information at HOA membership meetings 11 Write periodic newsletter articles 12 Communicate with homeowners via email phone newsletter or in person 13 Respond to homeowner concerns regarding lake quality policies and treatments 14 Appoint approved individuals to monitor lake levels and keep the auxiliary pumps running appropriately to maintain proper lake levels in accordance with the lake level policy 15 To the extent possible or prudent have ELV volunteers do some of the necessary testing of lake waters Maintain a historical record of test results 16 Tour lakes on a periodic basis 17 Maintain the approved City of Troy ordinance for the scaring of waterfowl Canadian Geese with the use of Launchers a Provide a list of approved names of those using launchers in ELV to the Chief of Police including name address and phone number b Appoint one person from the group to be in charge of ordering goose crackers and screamers c Ensure that all approved members of the goose team follow the approved procedure for scaring geese in accordance with the ELV Policy and the City Ordinance 18 Oversee the responsibilities of the Lake Representatives 19 Facilitate the transition to the succeeding Lakes Chairperson The LAKES COMMITTEE shall be composed of a chairperson and a representative from each lake The Lake Representative responsibilities include 1 Attend a spring meeting with all Board members Report lake conditions concerns and or projects on a weekly basis to the Lake Chair Attend a Board meeting or other meetings as necessary 2 Respond to concerns residents have regarding lake issues and communicate with the Lakes Chairperson and or residents via phone email or in person 3 Receive and keep a record of the lake treatment schedule 4 Communicate with the lake treatment contractor The contractor will take information from residents and Lake Representatives but will only take direction from the Lakes Chairperson 5 Help research lake water quality issues regarding fish populations phosphorus nitrogen and algae 6 Participate in projects on the lake in which they live such as fish count restocking with the guidance of the Lake Chairperson and the approval of the ELV Board of Directors 7 Encouraged to join the Michigan Lakes and Streams Association 8 Present at Homeowners Association meetings when and if necessary 9 Arrange one Lake Clean up Day cleaning and raking debris from inlet areas each spring 10 Distribute educational material to homeowners on and around the lake Materials may be provided by the Lakes Chairperson or other materials may be used if approved by the ELV Board of Directors 11 Report to Lakes Chairperson and Restrictions Chairperson resident addresses that use phosphorus in their lawn fertilizer or leave granules on the sidewalks or driveways 12 Help keep street drains clear of debris 13 Collect water samples from inlets to keep a record of what flows into our lakes usually once per year 14 Record Secchi disk readings on a weekly basis and report it to the Lakes Chairperson 15 Communicate with Lakes Chairperson and homeowners via email phone or in person 16 Write one newsletter article per year and submit article to the Lakes Chairperson for editing PolicyLetter 6 JobDescriptions 9 3 14 FINAL Page 7 of 11 9 25 2014
MAINTENANCE COMMITTEE CHAIRPERSON The MAINTENANCE DIRECTOR is a member of and reports to the Board of Directors of Emerald Lakes Village Homeowners Association ELV HOA This position is an elected volunteer position whose term expires as specified in the ELV HOA Bylaws The scope of this function includes but is not limited to the following The Maintenance Committee composed of a chairperson and assistants as needed shall arrange for and supervise the maintenance of lake access lots entranceways and street islands In addition to the foregoing provisions stated in the Bylaws the Maintenance Chairperson shall 1 Association Board a Reports to the ELV HOA Board of Directors b Attends monthly Board and periodic Homeowner meetings c Develop and submit to the ELV HOA Treasurer the annual maintenance budget which shall be approved by the Board prior to its implementation d Submit a written report to the Board members covering current projects and common property issues prior to the monthly Board meeting e Develop project and or maintenance specifications to solicit requests for proposals to prospective contractors f Cause contractors to submit proof of liability and workers compensation insurance indemnifying ELV HOA to the ELV HOA Treasurer or other Board designee prior to the commencement of work g Submit invoices for payment of budgeted services to the ELV HOA Treasurer h Obtain at least two competitive quotes for the significant portion of work to be completed in the respective areas every three years These quotes should be presented to the board for discussion and agreement prior to signing any contracts with the vendor i Perform duties and responsibilities as defined by the Board of Directors and or ELV Bylaws 2 Evaluation and Supervision of Common Property Maintenance a Oversee performance of grounds contractors i Communicate with contractor supervisor regarding problem areas ii Monitor and cause repair of the functioning of sprinkler systems communicate problems to contractor representative iii Coordinate with landscape consultant contractor s on ground covers pruning and trimming of trees shrubs removal replacement of trees shrubs new plantings etc b Monitor and assess lighting drainage sprinkler systems and make recommendations regarding these categories of maintenance to the Board and or contractors c Maintain common area structures inclusive of signs concrete boat ramps walkways stairs and handrails d Assist Board in identifying prospective contractors and make recommendations in the awarding of bids for maintenance projects Monitor the performance of the awarded contractor in accordance to the contract agreement e Oversee seasonal maintenance to include i Winterization of systems ii Direct and oversee snow removal operations according to contract f Coordinate the annual installation and removal of water meters with the City of Troy PolicyLetter 6 JobDescriptions 9 3 14 FINAL Page 8 of 11 9 25 2014
3 Outside Agencies Contact and collect data from local county state or regional agencies with regard to information germane to association maintenance 4 Homeowners Respond to emergency calls regarding only the common property areas to include sprinkler repair drainage damage to landscape curbs signs and sidewalks Report questions requests complaints suggestions of homeowners to the Board of Directors or appropriate Committee Chairperson RESTRICTIONS COMMITTEE CHAIRPERSON The RESTRICTIONS AND ARCHITECTURAL CONTROL CHAIRPERSON is a member of and reports to the Board of Directors of Emerald Lakes Village Homeowners Association ELV HOA This position is an elected volunteer position whose term expires as specified in the ELV HOA Bylaws The scope of this function includes but is not limited to the following The Restrictions and Architectural Control Chairperson shall respond to questions or complaints and recommend action subject to the approval of the Board of Directors relative to such items as landscaping nuisances driveways animals signs fences etc and generally carry out the provisions of the restriction agreement In addition to the foregoing provisions stated in the Bylaws the Restrictions and Architectural Control Chairperson shall 1 2 3 4 5 6 Seek legal counsel as necessary in regard to the above matters Attend monthly Board of Directors meetings Maintain file of complaints and requests received on behalf of the Board Maintain file of letters sent on behalf of the Board Perform such other duties as may be delegated by the Board of Directors Facilitate transition to the successor Restrictions and Architectural Control Chairperson SECURITY COMMITTEE CHAIRPERSON The SECURITY CHAIRPERSON DIRECTOR is a member of and reports to the Board of Directors of Emerald Lakes Village Homeowners Association ELV HOA This position is an elected volunteer position whose term expires as specified in the ELV HOA Bylaws The scope of this function includes but is not limited to the following The Security Committee composed of a chairperson and assistants as needed shall be responsible for maintaining additional security within the village to patrol effectively as necessary according to a schedule to be determined The Committee shall acquire and maintain equipment necessary for this task subject to the approval of the Board The Security Chairperson is responsible for acting as the focal point for security issues or concerns within ELV by maintaining open lines of communication between ELV residents the security patrol company and the Troy Police Department If an incident occurs residents should first contact the Troy Police Department for any service that may be required Subsequently they should notify the Security Chairperson in order for the incident to be PolicyLetter 6 JobDescriptions 9 3 14 FINAL Page 9 of 11 9 25 2014
monitored and or tracked The Security Chairperson duties do not include intervening in any security issue In addition to the foregoing provisions stated in the Bylaws and above paragraphs the Security Chairperson shall 1 Set up and maintain a schedule of professional security patrols for the calendar year and maintain an open line of communication between the ELV residents the professional guard service and the Troy Police Department 2 Strive to restrict use of beach access lots to only residents and their guests especially during the summer months 3 Ensure costs for services contracted and rendered stay within budget 4 Ensure guard service invoices are reconciled with services received and are paid accordingly 5 Monitor condition of curbside security signs and report necessary replacements to the City of Troy 6 Report on activities of the security program at the Board meetings and annual business meeting 7 Facilitate transition to the successor Security Chairperson MEMBERSHIP COMMITTEE CHAIRPERSON The MEMBERSHIP CHAIRPERSON DIRECTOR is a member of and reports to the Board of Directors of Emerald Lakes Village Homeowners Association ELV HOA This position is an elected volunteer position whose term expires as specified in the ELV HOA Bylaws The scope of this function includes but is not limited to the following The Membership Committee consisting of a chairperson and assistants as needed shall personally meet and welcome new residents provide them with the Association restrictions and Bylaws and acquaint them with all facets of the Association The chairperson shall obtain all necessary information to permit registration of the new resident on the Association roster It shall also be the duty of this committee to maintain an accurate membership list with addresses and lot numbers if available included In addition to the foregoing provisions stated in the Bylaws the Membership Chairperson shall 1 Establish and maintain a membership data base that contains name address phone number s subdivision and lot number ELV volunteer service record and property owner address if different from the ELV address 2 Distribute the full data base information to the members of the Board of Directors annually and provide ongoing updates as they occur 3 Provide swim tags to all new residents and homeowners who are up to date on their homeowners dues These are numbered pin on tags whose numbers are recorded on a master roster 4 Provide permits for residents who request using one of the three association beaches within the Village for a private event 5 Notify the newsletter editor of the deaths of Emerald Lakes Village residents and send sympathy cards to those families 6 Provide the newsletter editor with the names and addresses of new residents for publication each month 7 Notify the ELV Board in September of outstanding volunteer nominations for the Leadership Troy Award in preparation for the banquet held in the fall and submit the nominations to Leadership Troy ELV HOA will pay the award fee and the cost of the banquet for the nominee and his or her guest PolicyLetter 6 JobDescriptions 9 3 14 FINAL Page 10 of 11 9 25 2014
8 At least bi annually cause the compilation publishing and distribution of a phone directory for ELV residents which includes information about our Village and the City of Troy 9 Facilitate transition to the successor Membership Chairperson SPECIAL PROJECTS CHAIRPERSON The SPECIAL PROJECTS CHAIRPERSON is a member of and reports to the Board of Directors of Emerald Lakes Homeowners Association This is an elected volunteer position whose term expires as specified in the ELV HOA Bylaws The Special Projects Committee composed of a chairperson and assistants as needed shall be responsible for placement of such budgeted village improvements within the fiscal year subject to available funds Said improvements shall be of major nature outside the scope of general maintenance The chairperson shall be responsible for obtaining competitive bids for all acquisitions construction and installations and letting of contracts as long as the accepted bid is within the budget Final designs and all non budgeted expenditures shall be subject to the approval of the Board In addition to the foregoing provisions stated in the Bylaws the Maintenance Chairperson shall 1 Attend all Board and Homeowners Association meetings 2 Assist other Committee Chairpersons with special projects as needed 3 Present a proposed annual budget based on short and long range plans currently in place in regard to entrances beach lots and cul de sacs improvements or any other special projects approved by the Board 4 Write newsletter articles as needed 5 Respond to concerns residents may have regarding common landscape issues 6 Tour and evaluate the Village periodically for potential improvements a Present concerns to Board b Obtain approval from Board to secure quote c Present quotes to Board for approval d Evaluate and give final approval of work performed 7 Facilitate transition to the successor Special Projects Chairperson PolicyLetter 6 JobDescriptions 9 3 14 FINAL Page 11 of 11 9 25 2014
EMERALD LAKES VILLAGE Homeowners Association P O Box 113 Troy MI 48099 Policy Letter Regarding COLLECTION POLICY ELV Policy 007 updated and approved February 2 2010 Purpose The Association s economic well being relies on the timely payment of maintenance charges dues and other allowable charges due from its members This policy sets forth the procedures that generally will be followed to ensure the collection of maintenance charges dues and other charges Amounts Payable to the Association include but are not limited to maintenance charges dues special assessments fees fines legal fees and other costs associated with collection of funds on behalf of the Association Payment Schedule The regular assessment is payable in advance on the 1st day of January of each year Assessments not paid by the due date specified in the Bylaws or Board policy are in default Payments received will be applied as follows fees fines interest other charges and assessment Notices The Association Treasurer or designee shall be responsible for mailing a Notice of Default or similar delinquency correspondence to all Association members for which payment of maintenance charges dues have not been received Notices shall be mailed the first business day following the date such payments were due and shall carry a Late Fee as specified in Association Policy Letter entitled Delinquent Dues and Property Liens The Treasurer or designee shall be responsible for mailing subsequent Notices of Default on or about the 11th day following the date the first notice was mailed The Association Treasurer or designee shall be responsible for mailing a Notice of Lien Filing when it has been determined by the Board that such action is necessary Late Fees and Interest Charges Late fees interest and other charges as provided in the Association Policy Letter entitled Delinquent Dues and Property Liens shall be charged on all delinquent balances The Board of Directors may at its sole discretion waive such charges Return Item Fee A return item fee will apply to any check draft electronic or similar instrument returned to the Association unpaid for any reason The fee charged will be the cost charged the Association by its depository plus 5 The minimum fee charged will be 15 Suspension of Privileges The Association will suspend all privileges if the member is more than then 10 days in default
Lien Filing The Association may file a Lien on the member s property for accounts that are in default Costs for preparation recording and satisfying liens shall be paid by the member as specified in Association Policy Letter entitled Delinquent Dues and Property Liens Collection Services Accounts in default may be referred to a third party for collection upon approval by the Board of Directors If a delinquent account is referred to a third party collection agency or attorney for collection the member shall be charged the Association s reasonable attorney fees and related costs Administrative Charges The Association may charge the member additional administrative charges incurred for but not limited to 1 Fees charged by Property Manager Agent to collect funds payable to the Association 2 Owner bankruptcy 3 Foreclosure action or deed in lieu of foreclosure 4 Notification filing and satisfying liens 5 Enforcement of the Association s Bylaws Restrictions or Policies 6 Litigation 7 Coordinating repairs to the Association s common areas that result from the acts of owners their tenants or guests
EMERALD LAKES VILLAGE Homeowners Association P.O. Box 113, Troy, MI 48099 Policy Letter Regarding: FIVE-YEAR PLAN ELV Policy #008 Revised and Approved July, 2023 The following items are NOT listed in order of importance or priority. 1) The adoption of a Five-Year Plan was approved by the Homeowners at the Fall Homeowners Meeting on October 18, 2005. The Plan was devised to protect and enhance property values and to create a “Reserve” to be used for emergencies. 2) The intent is to keep from deferring maintenance items indefinitely and to upgrade when necessary with capital improvements and maintain a reserve of at least $30,000.00. The Association determined it is essential to have a Reserve. 3) A vote of approval of no less than 2/3 of the total voting members of the Board is required for the use of any Reserve fund monies. 4) After the Reserve reaches the equivalent of one (1) year’s dues, overages may be used for items other than emergencies with the approval of the Board as determined in Item 3. 5) The Five-Year Plan will be the basis used in the formulation of the next year’s budget to be approved by the Homeowners at the Fall Homeowners Meeting. 6) The Plan is to provide for maintenance and upkeep before capital improvements. 7) The Plan is to be updated and revised as needed based on previous spending, history and projected requirements. 8) Each year the Board will add a year to the Plan. It will be updated as needed, a perpetual document. 9) It is designed to allocate monies by category, i.e. Lakes, Permitting – Lake Lots, Maintenance, Utilities, Water, and Electricity. 10) The Plan allows the Board to Prioritize. 11) The Special Projects Chair shall be responsible for the Five-Year Plan and cause the Plan to be updated as needed, approved by the Board and finalized in July of each year. The Special Projects Chair will disseminate the Plan to the voting Board members. 12) The approved Five-Year Plan will be placed on the ELV website by the Corresponding Secretary.
EMERALD LAKES VILLAGE Homeowners Association P O Box 113 Troy MI 48099 Policy Letter regarding OUTSIDE ANTENNA AND OR SATELLITE DISH INSTALLATION ELV Policy 009 updated and approved February 3 2009 1 Primary location shall be the rear wall or roof of the residence 2 Secondary location shall be the side wall or roof of the residence 3 If either of the foregoing locations 1 or 2 are utilized no notification to or authorization from the Emerald Lakes Village Homeowners Association is required for the resident homeowner to proceed with installation 4 If the installing contractor determines the locations in 1 or 2 are not satisfactory to acquire an acceptable signal the next suitable location will be the front wall or roof of the residence 5 The final and least desirable location is a ground mounted antenna on the property that is set apart from the residence This location shall be a last resort and used ONLY if acceptable reception cannot be achieved using a building mount as noted above Care must be taken in utilizing a ground mounted antenna so as not to obscure the view of the lake from any adjacent property 6 Locations noted in 4 and 5 above REQUIRE the resident homeowner s antenna installation vendor to certify in writing to the ELV President or Restrictions Chairperson PRIOR TO INSTALLATION that locations noted in items 1 and 2 above cannot be utilized due to receiving an unsatisfactory signal and also note the cause of the inadequate reception The placement of the antenna in locations other than those specified in 1 or 2 must be mutually agreed upon by the homeowner and the Emerald Lakes Village Homeowners Association 7 If a location noted in item 5 above is used the antenna shall be painted or otherwise camouflaged in a manner so as to blend into its surroundings and care must be taken to not obscure the view of the lake from any adjacent property 8 See the City of Troy Zoning Ordinance TITLE V ZONING AND PLANNING 40 58 00 ACCESSORY STRUCTURES and also see http www fcc gov mb facts otard html Federal Communications Commission
Information sheet dated December 2007 The antenna and the installation must conform to all local state and federal regulations and restrictions 9 Antennas used for AM FM radio amateur ham radio see 47 C F R 97 15 Citizen s Band CB radio or Digital Audio Radio Services DARS must be attached to the dwelling and the antenna and installation must conform to all local state and federal regulations and restrictions PolicyLetter 239 1 of 1 4 11 2010
Policy Letter Regarding STORAGE SHED CONTAINER ELV Policy 010 Updated and approved March 2009 This letter concerns the Clarification of current Restrictions regarding sheds and stand alone buildings on homeowner s properties and to clarify where approved storage containers may be located Reference City of Troy Chapter 39 Zoning Ordinance 285 Emerald Lakes Village Restrictions Section 1 Section 2 and Section 3 a and c 1 In accordance with the above stated references No structures or shed shall be erected or placed on property having dimensions greater than four 4 feet tall four 4 feet wide and three 3 feet deep 2 The only acceptable storage containers approved for homeowners use by the ELV Board are 1 To be constructed of all weather plastic material 2 To be four 4 feet or less in height four 4 feet or less wide and three 3 feet or less in depth 3 The location of these approved storage containers will be in accordance with ELV Restrictions on maintaining a harmonious landscape and not hindering the view of the lake in any direction The approved location is 1 The rear of the property against the house however in special circumstances other locations may be approved by the Board 4 Contact the Restrictions Chairperson before purchasing a storage container PolicyLetter 2310 Page 1 of 1 4 11 2010
EMERALD LAKES VILLAGE Homeowners Association P O Box 113 Troy MI 48099 Policy Letter Regarding THE FALL HOMEOWNERS ANNUAL MEETING PROTOCOL ELV Policy 011 dated and approved December 2 2019 This letter concerns the Protocol for the Fall Homeowners Annual Meeting 1 This is a business meeting No guests will be invited to speak and or put on a presentation 2 No candidate for elected office will be allowed to pass out campaign literature or campaign at this meeting Candidates will be allowed to speak as noted on the agenda for a time not to exceed 3 minutes Negative or derogatory comments about another resident or candidate are not permitted Any candidate may publish a short bio 100 words or less in the newsletter providing such bio is submitted prior to the deadline for submitting articles 3 Upon entering the Fall Homeowners Annual Meeting voters will be given a ballot and a red and green card to vote on issues presented at the meeting Addresses will be checked off in the street section of the ELV phone directory at check in tables as ballots and cards are given out One ballot per household and one set of cards per household Three or four check in tables divided by street will be available to speed this process 4 The green and red cards will be used as follows Green a vote for Red a vote against 5 Every nominee must consent to the position for which they are nominated either prior to the meeting if verified by the Nominations Committee or in person at the meeting 6 The Treasurer will provide the residents with printed copies of the proposed budget 7 The agenda for the Annual Meeting is to be a Call to Order President b Introduction of Board President c Introduction of the Tellers President d Establish a Quorum 5 of the homes in the Association as stated in Article IV Section C which is 28 homes The recording secretary will establish a quorum by obtaining the numbers from the tellers and the sign in sheets at such meeting e Welcome of New Members Membership Chair f Call for a Motion to Approve the Previous Annual Meeting Minutes The President will call for a motion to approve the minutes of the previous meeting The minutes shall have been posted on the ELV Website Copies may also be distributed as residents sign in for the meeting therefore no reading will be necessary g Opening Remarks President h Presentation of Awards President i Call for Nominations for the Nominations Committee a total of three President j Call for Nominations for the Audit Committee a total of two President k Call for Nominations for the Board of Directors Nominations Committee Chairman l Call for Collection of Ballots The Nominations Chairman is to ask if there are questions on the issues amendments or about the candidates The Nominations Chairman will call for the collection of all ballots If there is but one 1 candidate for an office the candidate shall be elected by acclamation m Charge the Tellers to Count all Ballots Tellers will count all ballots Also see the end of this policy for details of the Tellers responsibilities n Treasurer s Report The Treasurer will report on the current year s budget o Call for Motion to Approve the Budget and Corresponding Annual Dues The President will introduce a proposed budget supported by a corresponding dues amount Adjustments of the budget by the homeowners in attendance will determine the dues Only the homeowners in attendance will be eligible to vote on the budget and corresponding dues Voting will be done utilizing the red and green cards p Additional Remarks President q Board Officers Reports Respective Board Members r Questions From the Floor President s Adjourn 9 00 p m 8 The detailed responsibilities of the Tellers are as follows PolicyLetter 11 AnnualMtgProtocol 12 2 2019 FINAL docx Page 1 of 4 1 26 2020
Date _____________________ CHAIRMAN OF TELLERS REPORT FOR THE ELECTION OF DIRECTORS EMERALD LAKES VILLAGE HOMEOWNERS ASSOCIATION INSTRUCTIONS When the ballot count has been completed please present your report to the meeting Chairman who will review the report and declare the results of the balloting Number of ballots Number of ballots declared invalid subtract TOTAL number of valid ballots cast A majority vote 50 1 required for election is ____________ ____________ ____________ ____________ votes Board of Directors 1 to be elected Teller to CIRCLE THE NAME OF THE WINNER ELECTIONS Nominee Votes President _________________ _______ _____________________ _______ Vice President _________________ _______ _____________________ _______ Treasurer _________________ _______ _____________________ _______ Recording Secretary _________________ _______ _____________________ _______ Corresponding Secretary _______________ _______ _____________________ _______ Lakes _________________ _______ _____________________ _______ Maintenance _________________ _______ _____________________ _______ Restrictions ________________ _______ _____________________ _______ Security _________________ _______ _____________________ _______ Membership _________________ _______ _____________________ _______ Special Projects _________________ _______ _____________________ _______ Nominating Committee 3 to be elected _________________________ _______ _________________________ _______ _________________________ _______ Votes Audit Committee 2 to be elected _____________________ _______ _____________________ _______ Signed by Chairman of Tellers _____________________________ Printed Name _____________________________ Date _____________________________ PolicyLetter 11 AnnualMtgProtocol 12 2 2019 FINAL docx Nominee Page 2 of 4 Print Names of Tellers ____________________________ ____________________________ ____________________________ ____________________________ ____________________________ 1 26 2020
Date____________________ CHAIRMAN OF TELLERS REPORT FOR THE APPROVAL OF THE BYLAWS AMENDMENT S EMERALD LAKES VILLAGE HOMEOWNERS ASSOCIATION INSTRUCTIONS When the ballot count has been completed please present your report to the meeting Chairman who will review the report and declare the results of the balloting Number of ballots Number of ballots declared invalid subtract TOTAL number of valid ballots cast ____________ ____________ ____________ A majority vote 50 1 required for Bylaws Amendment approval is ______________ votes AMENDMENT 1 Number of YES votes _______________ which does does not pass requirement AMENDMENT 2 Number of YES votes _______________ which does does not pass requirement AMENDMENT 3 Number of YES votes _______________ which does does not pass requirement Signed by Print Names of Tellers Chairman of Tellers ___________________________ Printed Name ___________________________ __________________________________ __________________________________ __________________________________ Date ___________________________ PolicyLetter 11 AnnualMtgProtocol 12 2 2019 FINAL docx Page 3 of 4 __________________________________ 1 26 2020
Date ______________________ CHAIRMAN OF TELLERS REPORT FOR THE APPROVAL OF THE DUES EMERALD LAKES VILLAGE HOMEOWNERS ASSOCIATION INSTRUCTIONS When the ballot count has been completed please present your report to the meeting Chairman who will review the report and declare the results of the balloting Number of ballots Number of ballots declared invalid subtract TOTAL number of valid ballots cast Number YES Number NO ____________ ____________ ____________ ____________ ____________ Two thirds 67 YES votes required for Dues approval is ______________ votes The formula Multiply 67 times the number of total valid votes cast Number required to approve Motion PASS FAIL Circle the correct result of the vote Choice 1 Number of YES votes for _______ dues budget are _______________ which does does not pass requirement Choice 2 Number of YES votes for _______ dues budget are _______________ which does does not pass requirement Signed by Chairman of Tellers Print Names of Tellers ___________________________ __________________________________ __________________________________ Printed Name ___________________________ __________________________________ Date ___________________________ PolicyLetter 11 AnnualMtgProtocol 12 2 2019 FINAL docx Page 4 of 4 __________________________________ 1 26 2020
EMERALD LAKES VILLAGE Homeowners Association P O Box 113 Troy MI 48099 Policy Letter Regarding ELV LAPTOP PROCEDURES ELV Policy 012 dated and approved November 5 2013 This letter is in reference to the Emerald Lakes Village ELV purchased and owned laptop and the data maintained on the personal computers of other ELV board members In order to conduct ELV business specifically for bookkeeping the ELV board will authorize the usage of a laptop to an individual namely the ELV to serve ELV purposes This laptop will remain the property of the ELV However whoever is using the laptop is responsible for its welfare The following procedures shall be followed for physical security of the hardware installation of software data security backup procedures and general usage PHYSICAL SECURITY Laptop cables installation CDs software key codes laptop bag or any other physical assets or attachments will be inventoried and documented prior to the assets being assigned to the ELV treasurer As the assets are transferred to the treasurer the treasurer and another ELV board member will sign and date the inventory sheet If the treasurer returns the assets the inventory sheet will be updated as required The assets are revocable by a request from the ELV president anytime and must be returned immediately upon request The assets are the responsibility of the person who physically has them If they are lost or stolen the loss must be documented and the ELV board president must be notified of the loss in writing within five 5 days of the loss The ELV board will make a determination of if and how restitution will be made The board has at its discretion the ability to require replacement of the laptop and equipment at full or partial value The ELV treasurer must take normal and reasonable care of the assets to ensure prevention of loss and safekeeping i e secured in trunk of vehicle not left in view of windows etc DATA SECURITY The laptop will require a user ID to have a complex password The password reset data will be stored on the external storage drive maintained by the treasurer The password for the laptop should be shared with the ELV president The laptop must have an antivirus and firewall software installed on it that automatically protects the laptop from viruses It is the responsibility of the ELV treasurer to ensure the software is updated as required In addition Windows Updates should be updated on a timely basis PolicyLetter 12 Laptop 11 5 13 FINAL 1 of 2 2 2 2014
BACKUP The laptop software and the installation key codes will be kept with the laptop Any online account used to purchase the software will be documented in terms of user IDs passwords and websites and will be given to the ELV president The laptop will be backed up at regular intervals which should be no less than weekly The back up will be put on to an external storage USB drive The drive will then be handed off at the monthly board meeting to another member of the board At the following meeting the treasurer will bring another copy of the back up and switch possession of the external drive with the board member typically the corresponding secretary that had possession of the first one USAGE The laptop hardware and installed software are ELV assets and are provided for the exclusive use of ELV business and not for or limited to personal use gaming downloading web surfing and personal data storage Use of the internet for ELV business such as emailing of the monthly reports researching property tax IDs banking transactions etc are appropriate It is subject to recall from the user at any time as requested Periodic maintenance and audits will be performed as needed Prior to a person receiving the laptop for use this policy document must be printed out and signed by the ELV president or designee and the person receiving the laptop user The signed document will then be kept by the ELV recording secretary Data Back up ELV Data on Personal Computers On an annual basis ELV board members with ELV pertinent data on their personal computers shall back up said data on to an external data device such as a USB thumb drive and the drive shall be labeled and put into storage The following year another drive will be created and swapped with the prior year s device from the storage unit PolicyLetter 12 Laptop 11 5 13 FINAL 2 of 2 2 2 2014
EMERALD LAKES VILLAGE Homeowners Association P O Box 113 Troy MI 48099 Policy Letter Regarding INVASIVE PLANTS ELV Policy 013 updated and approved May 7 2013 This letter concerns the control of invasive plants in all six 6 lakes within Emerald Lakes Village 1 This policy is applicable to all six 6 Emerald Lakes Village lakes 2 The Lakes Chair is responsible for monitoring lake conditions 3 If notified of any invasive plant the Lakes Chair shall contact the lake management company to confirm the risk caused by the plant 4 If the lake management company confirms a significant risk by an invasive plant the Lakes Chair with approval of a majority of the Board is authorized to take immediate action to have the plants eradicated or controlled even if it requires expenditure of funds that were not previously budgeted 5 The Lakes Chair shall immediately inform the entire Board of the report of any invasive plant any planned eradication or control and any cost associated 6 At the next regularly scheduled Board meeting the Lakes Chair shall present to the Board a report on the invasive plant and any actions taken including any costs incurred PolicyLetter 13 1 of 1 7 11 2013
EMERALD LAKES VILLAGE Homeowners Association P O Box 113 Troy MI 48099 Policy Letter Regarding BLUE DYE NOTIFICATION ELV Policy 014 updated and approved November 5 2013 This letter concerns the notification policy for our lakes 1 All beaches shall have a sign posted saying DANGER Supervise your children there is no Life Guard on duty Never swim alone No diving In the case of a perceived water related emergency First dial 911 and then Reach from shore to a distressed swimmer Throw a line with an appropriate flotation device to a distressed swimmer Row to distressed swimmer with an able bodied assistant Go swim to the aid of a distressed swimmer only as a last resort and with the knowledge that a fear stricken person may become combative and put your life at risk even if you are a proficient swimmer The Lake Management Contractor applies water dye to our lakes Residents should be cautious when swimming due to decreased water clarity caused by the water dye Potential concerns include inaccurate perception of depth and reduced visibility under the water Diving has significant risks of serious injury or death and is prohibited on all ELV beach lots State law requires adequate size proportionate life preservers for every occupant of all boats 2 Newsletters shall also include the following warning from May through September Water Dye The Lake Management Contractor applies water dye to Sandshores Andale and Crystal Lake to prevent excess weed growth The Lake Management Contractor may also apply blue water dye to Emerald Pebble and Walker Lake For all blue water dye applications there is a 24 hour swimming restriction Furthermore residents should be cautious when swimming due to decreased water clarity caused by the water dye Potential concerns include inaccurate perception of depth and reduced visibility under the water 3 In Robo calls to the residents at least once a year the following warning shall be included PolicyLetter 14BlueDye11 5 13FINAL 1 of 2 12 2 2013
The Lake Management Contractor applies water dye to our lakes Residents should be cautious when swimming due to decreased water clarity caused by the water dye Potential concerns include inaccurate perception of depth and reduced visibility under the water Diving has significant risks of serious injury or death and is prohibited on all ELV beach lots 4 On our webpage the following warning shall be included The Lake Management Contractor applies water dye to our lakes Residents should be cautious when swimming due to decreased water clarity caused by the water dye Potential concerns include inaccurate perception of depth and reduced visibility under the water Diving has significant risks of serious injury or death and is prohibited on all ELV beach lots Supervise your children there is no Life Guard on duty on Emerald Lakes NEVER SWIM ALONE PolicyLetter 14BlueDye11 5 13FINAL 2 of 2 12 2 2013
EMERALD LAKES VILLAGE Homeowners Association P O Box 113 Troy MI 48099 Policy Letter Regarding FINE SCHEDULE AND ENFORCEMENT PROCEDURE ELV Policy 015 updated and approved October 23 2013 at the Annual Meeting This letter contains the list of fines for specific restrictions and the procedures that shall be used to enforce those fines 1 Violations of the restrictions may be fined as follows The use of unauthorized fertilizer or leaving fertilizer on paved areas The overnight parking of campers trailers or RVs in excess of three 3 consecutive days or 21 days per calendar year The placement of excessive signage Cooking or grilling or allowing pets onto the common areas The use of powerboats or watercraft greater than sixteen 16 feet Open storage of more than four 4 watercrafts per lot The overnight anchorage of rafts docks or floats or leaving sports nets overnight As per ELVHA Policy Letter 3 As per Sec 4 f As per Sec 6 g As per Sec 7 b As per Sec 7 c As per Sec 7 c As per Sec 7 d Compliance or 50 fine 2nd offense 100 fine 3rd or subsequent offense 200 fine ______________________________________ The erection of unauthorized structures or temporary buildings The harboring of fowl reptiles potbelly pigs or more than three 3 dogs cats Use of improper driveway construction materials The erection of an improper fence The failure to maintain minimum property standards The failure to clear visual obstruction caused by landscape As per Sec 4 g As per Sec 6 f As per Sec 6 d As per Sec 6 h As per Sec 6 i As per Sec 6 i Two 2 weeks to comply or 250 fine 250 additional fine after 30 days 500 additional fine after 60 days ______________________________________ Allowing the accumulation of refuse or maintaining a nuisance Altering a shoreline or pumping water into or out of the lakes As per Sec 6 b c As per Sec 7 d 500 fine and cost of restoration and enforcement ______________________________________ The unauthorized improvement to a structure or untimely completion of construction The use of fireworks in any common area or on any lake except bottle rockets to disperse geese As per Sec 6 i As per Sec 6 j As per Sec 7 b 500 fine 2nd offense 1 000 fine 3rd or subsequent offense 2 000 fine ______________________________________ These are the section numbers as they appear in the Second Amended Restrictions Agreement dated October 23 2013 PolicyLetter 15FineScheduleAndProcedure10 23 13FINAL 1 1 of 3 1 7 2014
FINE PROCEDURE FOR VIOLATIONS OF SUBDIVISION LAWS 1 General The violation by any Owner occupant or guest of any of the provisions of the Subdivision Restrictions Covenants Conditions Restrictions and or Bylaws including any duly adopted Rules and Regulations Laws shall be grounds for assessment by the Association acting through its Board of Directors Board or the Board s Designee of monetary fines against the involved Owner Such Owner shall be deemed responsible for such violations whether they occur as a result of his personal actions or the actions of his family guests tenants or any other person admitted through such Owner to the Subdivision Premises 2 Procedures Upon any such violation being alleged to the Board s Designee the following procedures will be followed a Notice Upon receiving written complaint Notice of Violation including the b c d e f provision violated together with a description of the factual nature of the alleged offense shall be personally delivered or sent by first class mail postage prepaid to the Owner and to any tenant if applicable The Owner shall have the option to either 1 accept responsibility and pay the fine which shall be imposed by the Board in accordance with 2 e or 2 request a hearing Opportunity to Defend If requested the Owner shall have an opportunity to appear before a committee appointed by the Board for a hearing and offer evidence in defense of the alleged violation The Committee shall consist of three board members with one alternate board member who would act in the event of absence or incapacitation of an original appointee The hearing before the Committee shall occur within ten days from receipt of the Owner s request for a hearing Enforcement action is stayed until the Committee renders its decision Default Owner s failure to appear or respond to the Notice of Violation within five days in writing constitutes a default Upon default the Committee may levy a fine as set forth in e below Hearing and Decision After a hearing conducted by the Committee the Committee shall by majority vote at the hearing decide whether a violation has occurred The Committee s decision is final Amounts If the Committee decides that the Owner has violated a law the Committee may levy fines pursuant to the fine schedule adopted by a majority vote of the homeowners at the annual meeting The fine schedule may be modified from time to time with the approval of the homeowners at the annual meeting Collection The fine shall be assessed against the Owner and shall be due and payable within ten days from the date on the notice unless the Owner has appealed in which case the fine is due and payable within ten days of the decision of the Committee at the hearing If the Owner does not timely pay the fine it PolicyLetter 15FineScheduleAndProcedure10 23 13FINAL 1 2 of 3 1 7 2014
shall become a lien against the Owner s lot Failure to pay the fine may also subject the Owner to all liabilities late charges and other remedies including enforcement of a lien as otherwise set forth in the Subdivision Restrictions 3 Remedies for Non Compliance If the Owner does not comply with any Laws the Board may also seek following relief a Legal Action An action to recover sums due for damages injunctive relief b c d e enforcement of a lien if default in payment of assessment or fine or any combination thereof and such relief may be sought by the Board and if permitted by law an aggrieved Lot Owner Recovery of Costs Recovery of all costs incurred by the Board as a result of the default and the actual attorneys fees not limited to statutory fees incurred by the Board as a result of the default Costs and attorney fees incurred before initiation of a lawsuit may also be recovered by the Board Removal and Abatement In addition to the rights set forth above and pursuant to a court order to enter upon the lot where reasonably necessary and summarily remove and abate at the expense of the Owner any structure thing or condition existing or maintained contrary to the Laws The Board shall not be liable to any Owner for exercising its removal and abatement power Non Waiver of Right The failure of the Board to enforce any Law does not waive the right of the Board to enforce such Law in the future Cumulative Rights Remedies and Privileges All rights remedies and privileges granted to the Board pursuant to the Laws shall be cumulative and the exercise of any one or more shall not constitute an election of remedies PolicyLetter 15FineScheduleAndProcedure10 23 13FINAL 1 3 of 3 1 7 2014
EMERALD LAKES VILLAGE Homeowners Association P O Box 113 Troy MI 48099 Policy Letter Regarding WATER EMERCENCY RESPONSE PLAN ELV Policy 016 updated and approved March 4 2014 This letter outlines a response plan for water emergencies and offers suggestions for ice safety and rescue techniques WATER EMERGENCY RESPONSE 1 Emerald Lakes Village will voluntarily supply information about emergency response to users at the beach lots via the newsletter and on the webpage but specifically does not assume any responsibility for individuals who swim at their own risk 2 The warnings and notifications shall include the following a In the case of a perceived water related emergency 1 2 3 4 5 First dial 911 if possible and then Reach from shore to a distressed swimmer Throw a line with an appropriate flotation device to a distressed swimmer Row to distressed swimmer with an able bodied assistant Go Swim to the aid of a distressed swimmer only as a last resort and with the knowledge that a fear stricken person may become combative and put your life at risk even if you are a proficient swimmer 3 The City of Troy Fire Department has a station located adjacent to Emerald Lakes Village The Fire Department s Tactical Plan for Water Rescue is attached as an addendum to this Water Emergency Response Policy ICE SAFETY The following information is also located in the ELV Directory on Page 4 1 No ice is 100 safe Never go on the ice alone 2 You cannot judge the strength of ice by its appearance age thickness the temperature or whether the ice is covered with snow 3 Snow insulates ice and may weaken it 4 Ice formed over flowing water and currents is often dangerous This is why you must stay away from the lake drains 5 Ice seldom freezes uniformly Check ice thickness with a cordless drill auger or ice spud 6 After ice forms solidly 4 thick is safe for general use Don t guess measure it White ice is only half as strong as clear ice so white ice should be 8 thick for safety s sake 7 Carry safety items such as a whistle cell phone and or 2 screwdrivers tied to the ends of a rope out onto the ice with you PolicyLetter 16 WaterEmergencyResponsePlan FINAL 1 of 2 5 3 2014
8 If you hear ice crack spread out and immediately lie down to distribute weight Then crawl back to safer ice 9 If you fall through the ice do not panic Call out for help turn and face the direction you came from and kick your feet while getting hands and arms up onto safer ice Use the screwdrivers to help pull yourself out Once out lie flat and roll away from the hole 10 If someone falls through the ice call 911 and extend a pole branch rope or a rope with a life ring to the victim RESCUE TECHNIQUES As taken from Page 4 of the ELV Directory PolicyLetter 16 WaterEmergencyResponsePlan FINAL 2 of 2 5 3 2014
EMERALD LAKES VILLAGE Homeowners Association P.O. Box 113, Troy, MI 48099 Policy Letter Regarding: Individual ELV HOA board member’s spending limits And required board approvals of expenditures ELV Policy #017 dated and approved January 10, 2024 This letter is in reference to individual ELVHOA board member’s spending limits and required board approvals of expenditures. It will detail the allowed spending levels for each position, both per occurrence and in total for the entire year. It will also detail the procedures for obtaining approval for necessary purchases above the said limits. The purpose of having such a policy is to both provide guidelines for board members as to the amount of money they can spend of Emerald Lakes Village Homeowners Association funds for Emerald Lakes Village’s needs without prior board approval and also to provide protection for the board and the village should unauthorized or egregious spending occur. Spending limits not requiring board approval: Per Occurrence Per Year President: $100 $300 Vice President: $100 $300 Treasurer: $100 $300 Recording Secretary: $100 $300 Corresponding Secretary: $750 $9,000 Security: $100 $300 Maintenance: $500 $1,500 Restrictions: $100 $300 Special Projects: $100 $300 Lakes Chair: $100 $300 Membership: $100 $300 Any item that will exceed a per occurrence expenditure or exceed the yearly allowance for an ELVHOA board member requires approval by the board. To obtain approval, the requesting member should make a motion at one of the monthly board meetings explaining the need for the expenditure. Approval would require a vote of members present, as long as 60% of the board members are present. If waiting for the next board meeting is not practical, a vote via email would also be acceptable and would require a unanimous vote of the board members. Exceptions: The following positions and instances have exceptions as specifically noted here: 1. Vice President may approve payment on legal bills for ELV related legal matters previously approved by the ELVHOA board. 1 of 2
2. Lakes chairperson may approve payment for all costs previously approved by the ELVHOA board as part of the annual lakes treatment contract. 3. Security chairperson may approve payment for all costs previously approved by the ELVHOA board related to the contract with the security company which patrols ELV. 4. Corresponding secretary may approve payment up to $750/month to be spent on newsletter printing, stamps, labels or other necessary supplies directly related to the newsletter as approved as part of the budget by the ELVHOA board. 5. Maintenance chairperson may approve payment for all costs previously approved by the ELVHOA board as part of the annual maintenance contract. In the event of a force majeure, chairperson can contract for necessary, prudent and emergency repairs without prior approval but should alert the board as soon as practical. In the event of an unforeseen cost overrun, maintenance chairperson is authorized to spend an additional $200. Maintenance chair is required, however, to telephone another member of the board to provide notification of this additional expenditure. 6. Special Projects chairperson may approve payments for all costs associated with a contract which has been approved by the board. 7. The Children’s and Adult Social chairs shall each propose an overall budget for a particular event, as well as date and general planned activities, which will be approved by the board. Any individual expenditure or series of expenditures to the same vendor over $500 in total shall be approved by the board. Once the budget for the individual event has been approved, the relevant chair may incur other costs up to the total budget for that event without further approval. Each Social chair may propose spending for items that will benefit multiple events as part of their annual budget, and will seek approval for any individual item over $250 for such items, but may use their discretion for purchasing items below that threshold so long as they are not exceeding the amount authorized by the board. 8. The Treasurer will advise the President by email of any expenditure made by the Treasurer pursuant to the Treasurer limits set forth above. 9. The Treasurer is authorized to pay the HOA insurance bill(s) without further approval so long as it is not more than 5% more than the prior year. 10. Board members (including the Treasurer) will submit invoices receipts or other appropriate supporting documentation to the Treasurer to approve payment or reimbursement, and the Treasurer will maintain such documentation. If a member of the board for Emerald Lakes Village spends funds above their authorized level without prior approval, the request for reimbursement could be denied. In addition, if the expenditure made in the name of Emerald Lakes Village without approval is significant, the board could ask for the removal of the offending member from the board. The spending limits contained within this policy letter could and should be updated as appropriate with board approval. 2 of 2
EMERALD LAKES VILLAGE Homeowners Association P O Box 113 Troy MI 48099 Policy Letter Regarding NON RESIDENT BEACH AND LAKE PRIVILEGES Policy 018 updated and approved March 22 2016 This letter concerns the use of the Emerald Lakes Village beaches and lakes by nonresidents Non lot owners non residents cannot purchase a membership for the use of Emerald Lakes Village beaches or lakes Title to the neighborhood beach lots is vested in the Emerald Lakes Village Homeowners Association for the benefit of Emerald Lakes Village lot owners and residents and subject to the right and easement of enjoyment in and to such beach lots by the lot owners and residents who are current in the payment of their Association dues Such easement is not personal but is considered to be appurtenant to all Emerald Lakes Village lots
EMERALD LAKES VILLAGE Homeowners Association P O Box 113 Troy MI 48099 Policy Letter Regarding Reserve Fund Emergency Expenditures ELV Policy 19 dated and approved February 22 2018 The following items are NOT listed in order of importance or priority 1 The intent of the Reserve Fund aka Reserve is to maintain a Reserve of at least the equivalent of 50 of one 1 year s total dues to be used for emergencies 2 A vote of approval of no less than 2 3 of the total voting members of the Board is required for the use of any Reserve Fund monies 3 After the Reserve reaches the equivalent of 100 of one 1 year s dues overages may be used for items other than emergencies with the approval of the Board as determined in Item 2 4 In the case where the Board has approved the use of Reserve funds in alignment with Item 3 the Reserve is allowed to temporarily drop below the minimum amount indicated in Item 1 until sufficient subsequent year s dues collection provides for replenishing the Reserve to meet the minimum amount PolicyLetter 19 Reserve Fund Emergency Expenditures 2018 02 22 1 02 25 2018