Rules of Shadowood Lake Club
A nonprofit corporation
675 Shadowood Drive, Marshall, Texas 75672
Approved by Board of Trustees August 2020
Preamble:
The following are rules governing the use of the Shadowood Lake Club [SLC] property and its facilities by members, guests and renters. The rules have been written to provide for the safety of all SLC members, guests and renters, to establish orderly and reasonable procedures for governing activities, and to maintain the integrity of SLC property. No rule included herein may supersede any By-law or deed restriction / covenant. The Board of Trustees [Board] may generate, eliminate or modify rules by a vote of two-thirds [2/3] majority of all the members of the Board.
Rules:
A. Members
1. Members are responsible for complying with all deed restrictions/covenants, By-laws and rules.
2 Members are responsible for family, friends, guests and renters compliance with all deed restrictions/covenants, By-laws and rules.
B. Guests
1. Guests utilizing the recreational facilities must be accompanied by a member who is familiar with the rules.
2. A guest may not be a current resident of SLC who has lost membership privileges.
C. Conduct
D. Dues
All dues, membership or rental assessments or any other dues delinquent beyond sixty [60] days will be assessed a late charge of $1.00 per day starting on the 61st day.
E. Recreational Facilities
1. Clubhouse:
a) Must be reserved by a member in good standing at least ten [10] days in advance of planned use and member must sign rental agreement. Deposit fee and rental fee are required and are incorporated in the rental agreement. Fees and agreement may be changed by action of the Board.
b) Guests of the event may utilize the clubhouse, beach, swim area, playgrounds, tennis court and piers.
c) Clubhouse rental agreement can be downloaded from this website under the "More" section.
2. Tennis court, Playground and Beach areas:
a) Are for SLC members, renters and guests. Member must be present with guests.
b) No glass containers are allowed on the tennis court, playground, piers, or beach area.
c) The areas are closed after 10:00 PM
3. Lake and Watercraft:
a) Only SLC members in good standing, guests and renters may use the lake for recreational purposes such as swimming, fishing, boating etc.
b) Members shall not permit any unauthorized watercraft to go onto the waters of Shadowood Lake.
c) Waterfront property may have guests, within the confines of their property lines, fish off their banks, piers or docks only without a member being present.
d) All watercraft must be member or renter owned, have the SLC watercraft decals applied, and be in compliance with the Texas Water Safety Act as well as all state and or federal laws for safety equipment.
e) Guests utilizing watercraft, (boating, fishing, skiing etc.) must be accompanied by an adult member in the boat unless the guest is a member's parent, child or grandchild over the age of 15 and is familiar with these rules.
f) Members, renters or guests must wear all required safety equipment.
g) Watercraft which are towing people shall travel counter clockwise around the lake.
h) Any intentional large wake creation/generation by mechanical or artificial means such as, but not limited to, adding weight, using "fat sacks", adding water to a boat or any other means to create a large wake is prohibited.
i) No glass containers are allowed in or on watercraft.
j) Aggressive, erratic, or intoxicated use of watercraft that may be a safety hazard to others: loud music and/or profanity are prohibited.
k) Watercraft Prohibited:
i. Watercraft greater than twenty-four (24) feet in length.
ii. Houseboats or boats with permanent sleeping quarters.
iii. Airboats (AKA swamp boats, fan boats and defined as a watercraft propelled by an aircraft-type propeller and powered by either an aircraft or automotive engine.)
Violation of these rules may lead to member's / renter's watercraft being banned from the lake.
4. Fishing
Limits and sizes will be posted at the clubhouse, boat ramp and/or SLC web page and may be changed by action of the Board.
a) All fish in possession of members, guests or renters must be in compliance with the size and limitations posted at all times. Violations may lead to suspension of fishing privileges for up to one [1] year and / or fines.
b) No trot lines, throw lines, set lines, jug lines or similar fishing methods may be used on Shadowood Lake.
c) The use of live water dogs as bait is prohibited.
5. Fountains / Aerators
d) Fountain / aerator design and specifications must be approved by Shadowood Lake Club, Inc.’s building committee prior to construction and placement on the lake.
e) Fountain / aerator design should attempt not to incorporate electricity going to the item, however if such is approved, any electrical circuitry must provide for incorporation of appropriate GFI (ground fault interrupting outlets) / GFCI (ground fault circuit interrupters).
f) All lines to/ from the fountain / aerator (water, electric, other) must go directly to the bottom of the lake from the owner’s property and to /from the item. (Preferably the lines will be pushed down into the lake bed).
g) All above surface portions of the fountain / aerator must provide for visual recognition day and night (i.e. light colored or reflective material/tape) to provide for the safety of lake users and the item itself.
h) Fountains / aerators may be placed up to a distance of forty feet (40’) from water’s edge and shall be between the side property lines of the lake front property owner.
F. General
1. Board of Trustees [Board] meetings: Regular monthly meetings of the Board will be held at the SLC Clubhouse on the 1st Thursday of the month and are open to all members. Time of meetings will be advertised and may be changed by action of the Board. Monthly meetings may be postponed to the next day with no notification; postponements past the next day must be advertised so members may arrange to attend. Members must notify the Secretary of the Board one [1] week in advance of the monthly meeting of an item for discussion, so it may be placed on the agenda.
2. ATV’s and Golf Carts
No child under the age of 15 may operate an ATV of any kind or golf cart on SLC property unaccompanied by a parent or guardian.
Parents / Guardians are responsible for underage drivers and may be liable for accidents.
ATV’s:
Golf Carts:
a) All members must maintain residences, garages / carports, fences, outbuildings, docks, and the property’s yard environment for the enjoyment and/or value of neighboring properties and SLC overall.
b) All structures must be in good condition, properly repaired and functional.
c) Members shall perform regular and routine basic yard maintenance. This includes periodic lawn mowing, edging and trimming, shrub pruning and maintenance, tree pruning and maintenance, basic weeding and pest control as needed to maintain a healthy lawn, shrubs and trees.
d) It shall be the responsibility of each member to keep owned property maintained and cleaned in satisfactory manner whether or not such property is occupied by any buildings or other improvements.
e) Property shall be free of debris, garbage, trash, equipment [such as refrigerators, stoves, furniture, etc...] and other conditions deemed to be in non-compliance with SLC rules.
f) Trash cans or garbage containers shall be placed at street side no earlier than 24 hours prior to pick-up and shall be removed from street side within 24 hours of garbage pick-up.
4. Security: Security is everyone's responsibility. Guard your entrance gate code. Do not give your boat ramp code to anyone.
5. Vehicles: Abandoned, inoperable, or junk vehicles and/or motorized equipment may not be stored in open sight nor concealed in an unsightly manner on member’s property. To determine equipment as operational it must be operable and, if applicable, currently registered and inspected.
6. Sales:
a) There will be one annual SLC, subdivision wide yard/garage sale open to the public the 1st Saturday in May. The Board shall arrange advertising and any other items deemed necessary.
b) Individual yard, garage and or any other sales within SLC are prohibited.
c) Estate sales may only be held with permission of the Board.
7. Annual Meeting:
Any member [s] bringing a petition with ten [10] or more voting member signatures, throughout the year, but no later than the January meeting prior to the annual meeting will have the item on the petition put on the annual meeting ballot to be voted on by the membership.
a) The Board may reject petitions that are incomplete or missing information or financing needed to understand the issue being proposed.
b) For clarity a "voting member" is defined in the SLC By-Laws, Article 3, 3.03. For example: While a member and spouse may sign the petition, it only represents one [1] voting member for petitioning purposes.
c) The Board may, by action, add ballot items for the membership to vote on.
d) Note: Any member requests for By-law changes must comply with Article 15 of SLC By-laws.
G. Political Signs:
1. Political signs may be displayed, by the SLC member only, no earlier than the 90th day before the date of the election to which the sign relates.
2. Political signs must be removed no later than midnight 10 days after the Election Day. Example: If Election Day was Dec 31st then sign [s] will be taken down by Jan. 10th at midnight.
3. Political signs are restricted to one (1) sign for each candidate and or ballot item on a single property/lot.
4. Are required to be ground mounted.
5. Shall not be constructed of or contain roofing materials, siding, paving materials, flora or balloons, lights, or other similar building , landscaping or nonstandard decorative components.
6. Shall not be attached in any way to plant materials, trees, traffic control sign or device, light, trailer, vehicle, or any other existing or permanent structure or object.
7. Shall not be attached to or painted on any fence, wall, or other structural surface.
8. Shall not threaten the public safety or health.
9. Shall not violate any other laws.
10. Shall not contain language, graphics, or any display which would be offensive to the ordinary person.
11. Shall not be accompanied by music, other sounds, streamers or be otherwise distracting to motorists.
12. Signs shall not exceed four (4) feet by six (6) feet.
13. Signs not in compliance may be removed by the Board without any obligation to preserve or return the same and will be subject to Rule H. Violations and Fines.
H. Outdoor Burning
1. Trees, brush, grass, leaves, branch trimmings and other plant growth generated from property within SLC are the only items that may be burned. Outdoor disposal or deposition of any material capable of igniting spontaneously is not allowed.
2. Members must follow the Texas Commission on Environmental Quality law subsection 111.219:
“The initiation of burning shall commence no earlier than one hour after sunrise. Burning shall be completed on the same day not later than one hour before sunset, and shall be attended by a responsible party at all times during the active burn phase when the fire is progressing. In cases where residual and/or smoldering objects continue to emit smoke after this time, such areas shall be extinguished if the smoke from these areas has the potential to create a nuisance or traffic hazard condition. In no case shall the extent of the burn area be allowed to increase after this time.”
3. Members shall not start burning unless weather conditions are such that the smoke will dissipate (winds of at least 5 miles per hour with no temperature inversions while still allowing the fire to be contained and controlled with winds no faster than 20 miles per hour.)
4. A responsible party must be present while the burn is active and the fire is progressing.
5. No burning will be allowed when Harrison County has issued a burn ban.
I. Violations and fines
1. Enforcement: The SLC Board is responsible for enforcing violations of deed restrictions/covenants, By-laws and rules. In order to enforce the deed restrictions/covenants, By-laws and rules, the Board may levy, assess and collect reasonable fines, as established by the Board to cover such costs as time or labor, legal expenses, postage, etc. for violation of published rules , By-laws and or deed restrictions/covenants. The fines shall be assessed against the member. Failure to pay such fines in the allotted time frame may be enforced up to the fullest extent of the law and may result in further fines being levied and filing of lien against the member's property to secure payment.
2. Enforcement schedule:
a) First violation: warning
b Second violation or failure to comply with warning: $50.00 fine plus restitution of any actual damages to SLC and possible loss of privileges.
c) Continued violation of failure to comply: Fine of $100.00 for each week of noncompliance after the time specified in the initial warning, plus restitution of any actual damages to SLC. Subsequent and separate and distinct violations are treated individually, permitting a hearing at the request of member as herein set out unless the member was given notice and a reasonable opportunity to cure a similar violation within the preceding six [6] months ,in which case it will be treated as noncompliance for fine assessment purposes.
3. Notice: Before SLC may [a] suspend a member's right to use a common area, [b] file a suit against an member other than a suit to collect a regular assessment, special assessment or foreclose under SLC lien, [c] charge an member for property damage, or [d] levy a fine for violation of the rules, By-laws or deed restrictions/covenants, SLC or its agent must give written notice to the member. The notice must describe the violation or property damage that is the basis for the suspension action, charge, or fine and must state any amount due SLC from the member. The notice also must inform the member that the member (a) is entitled to a reasonable period to cure the violation and avoid the fine or suspension, unless the member was given notice and a reasonable opportunity to cure a similar violation within the preceding six months; (b) may request a hearing in accordance with Texas Property Code section 209.007 on or before the thirtieth day after the date the member receives the notice; and (c) may have special rights or relief related to the enforcement action under federal law, including the Service members Civil Relief Act (50 U.S.C. app. §§ 501-596) if the member is serving on active military duty. If a hearing is to be held before a board appointed committee, the notice must state that the member has the right to appeal the committee's decision to the Board by written notice to the Board.
4. Hearing: If the member is entitled to an opportunity to cure the violation, the member has the right to submit a written request for a hearing to discuss and verify facts and resolve the matter at issue before a committee appointed by the Board or before the Board if the Board does not appoint a committee. Shadowood Lake Club must hold a hearing under this provision not later than the thirtieth day after the date the Board receives the member's request for a hearing and must notify the member of the date, time, and place of the hearing not later than the tenth day before the date of the hearing. The Board or the member may request a postponement, and, if requested, a postponement will be granted for a period of not more than ten days. Additional postponements may be granted by agreement of the parties. The member or Shadowood Lake Club may make an audio recording of the meeting. The hearing will be held in executive session, affording the alleged violator a reasonable opportunity to be heard. Before any sanction under these rules becomes effective, proof of proper notice will be placed in the minutes of the meeting. Such proof will be deemed adequate if a copy of the notice, together with a statement of the date and manner of delivery, is entered by the officer, director, or agent who delivered the notice. The notice requirement will be satisfied if the alleged violator appears at the meeting. The minutes of the meeting will contain a written statement of the results of the hearing and the sanction imposed, if any. The Board may, but will not be obligated to, suspend any proposed sanction if the violation is cured within a 15-day period. Such suspension will not constitute a waiver of the right to sanction violations of the same or other provisions and rules by any person.
5. Appeal: Following a hearing before a Board appointed committee, if any such committee is appointed, the violator will have the right to appeal the decision to the Board. To perfect this right, a written notice of appeal must be received by SLC’s managing agent, president, or secretary within ten days after the hearing date.
Shadowood Lake Club
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