By-Laws/Covenants

BY-LAWS AND COVENANTS

BEACHCOMBERS COMMUNITY CLUB (Division 1 and Hidden Beach) Restrictive Covenants set out on the face of the Plat of the Beachcombers, according to the plat thereof recorded in Volume 6 of Plats, page 72, records of Island County, Washington, as follows:

No permanent structure or building shall be constructed on any lot, tract or parcel of this plat closer than 20 feet to the margin of any street or road. No lot, tract or portion of a lot or tract of this plat shall be divided and sold or resold or ownership changed or transferred whereby the ownership of any portion of this plat shall be less than 7500 square feet or less than 60 feet in width at its narrowest part. Construction on any lot shall require a building permit and a sewage disposal permit prior to commencement of work.

All lots, tracts or parcels of land embraced in this plat are subject to the following restrictions:

All residential lots are restricted to single family residence.
All dwellings shall have their exteriors finished within 1 year after beginning construction.
No tents shall be allowed unless permitted by Whidbey Shores, Inc.
Each dwelling shall have a septic tank for sewage disposal.
Only house trailers will be allowed as temporary structures.
All permanent structures shall have a concrete foundation.
No domestic fowl or stables for livestock will be allowed.
All lots are restricted for residential use unless permission is granted otherwise by Whidbey Shores, Inc.

SURF PARADISE Restrictions in the dedication of Surf Paradise, Division No. 1, according to the plat thereof recorded in Volume 7 of plats page 74, records of Island County, Washington, as follows:

No permanent structure of building shall be constructed on any lot, tract or parcel of this plat closer than 20 ft. to the margin of any street or road. No lot, tract or portion of a lot or tract of this plat shall be divided and sold or resold, or ownership changed or transferred whereby the ownership of any portion of this plat shall be less than 7200 sq. ft. or less than 60 ft., in width of its building line. Construction on any lot shall require a building permit and a sewage disposal permit prior to commencement of work.

All lots are restricted for single family residential use unless permission is granted otherwise by Surf Paradise Community Club, Inc.
All dwellings shall have their exterior finished within one year after beginning of construction.
No tents will be allowed unless permitted by Surf Paradise Community Club, Inc.
Only house trailers will be allowed as temporary structures.
No domestic fowls or stables for livestock will be allowed.

BEACHCOMBERS DIVISION 3 Restrictive Covenants set out on the face of the Plat of the Beachcombers, according to the plat thereof recorded in Volume 6 of Plats, page 72, records of Island County, Washington, as follows:

All lots, tracts or parcels of land embraced in this plat are subject to the following restrictions:

All residential lots are restricted to single family residence.
All dwellings shall have their exteriors finished within 1 year after beginning construction.
No tents shall be allowed unless permitted by Whidbey Shores, Inc.
Each dwelling shall have a septic tank for sewage disposal.
Only house trailers will be allowed as temporary structures.
All permanent structures shall have a concrete foundation.
No domestic fowl or stables for livestock will be allowed.
All lots are restricted for residential use unless permission is granted otherwise by Whidbey Shores, Inc.

BEACHCOMBERS DIVISION 5 Restriction in the dedication The Beachcombers No. 5

No permanent structure or building shall be constructed on any lot, tract, or parcel of this plat closer than 20 feet to the margin of any street or road. No lot, tract or portion of a lot or tract of this plat shall be divided and sold, or resold or ownership changed or transferred whereby the ownership of any portion of this plat shall be less than 7,500 square feet or less than 60 feet in width at its narrowest part. Construction on any lot shall require a building permit and a sewage disposal permit prior to commencement of work.

RESTRICTIVE BEACHCOMBERS COVENANTS

Residents periodically ask about the restrictive covenants for property in the Beachcombers divisions. The developers originated these restrictive covenants when Beachcombers was platted. Whidbey Shores, Inc. was the developer, the predecessor organization of Beachcombers Community Club, Inc. Not all restrictive covenants apply to every division of Beachcombers. The Board enforces the covenants when a violation is brought to its attention. The restrictive covenants are reproduced below for your reference:

All lots, tracts, or parcels of land embraced are subject to the following restrictions:

All residential lots are restricted to single-family residence.
All dwellings shall have their exterior finished within one (1) year after beginning construction.
No tents will be allowed unless permitted by Whidbey Shores, Inc.
Each dwelling shall have a septic tank for sewage disposal.
Only house trailers will be allowed as temporary structures.
All permanent structures shall have a concrete foundation.
No domestic fowl or stables for livestock will be allowed.
All lots are restricted for residential use unless permission is granted otherwise by Whidbey Shores, Inc.

Restrictive covenants 1, 4 and 6 are not part of the Surf Paradise covenants.

Only the first paragraph above applies to lots in Division 5. Restrictive covenants1 to 8 do not apply to Division 5

This document reflects the changes in the by-laws adopted July 13, 2013. No changes were made to the Articles of Incorporation. When the by-laws differ from the Articles, the By-laws will supersede the Articles.

==============================

ARTICLES OF INCORPORATION
OF
BEACHCOMBERS COMMUNITY CLUB, INC.

KNOW ALL MEN BY THESE PRESENTS: That we, the undersigned citizens of the United States and over the age of twenty-one (21) years, being desirous of forming a corporation under Title 24, Revised Code of Washington, relating to nonprofit corporations, do hereby associate ourselves together for the purpose of forming a nonprofit corporation, and make, subscribe, execute and adopt, in triplicate, the following Articles of Incorporation, and certify as follows:

ARTICLE I

The name of the corporation shall be BEACHCOMBERS COMMUNITY CLUB, INC.

The purposes for which this corporation is formed are:

To purchase or otherwise acquire, construct, improve, develop, repair, maintain, operate, care for and/or dispose of streets, roadways, easements, parkways, playgrounds, open spaces and recreational areas, tennis courts, beaches, boat landings, mooring basins, floats, piers, clubhouses, swimming pools and/or swimming areas, bathhouses, places of amusement, community buildings, community clubhouses and in general community facilities appropriate for the use and benefit of its members, and/or for the improvement and development of the property hereinafter referred to.
To build, improve and maintain roadways, culverts, bridges and drain-age areas and to provide for the improving, cleaning and sprinkling of streets, and for collection and disposal of the Street sweepings, garbage, ashes, rubbish and the like, to prevent and suppress fires, to provide police protection, and to make and collect charges to cover the costs and expenses therefor.
To improve, light and/or maintain streets, roads, alleys. courts, walks, gateways, fences and ornamental features now existing or hereafter to be erected or created, and shelters, comfort stations and/or buildings and improvements ordinarily appurtenant to any of the foregoing; to improve, plant and maintain grass plots and other areas, trees and plantings within the lines of the street immediately adjoining or within the property hereinafter described or referred to.
So far as it can legally do so, to grant franchises, rights of way and easements for public utilities or other purposes upon, over and/or under any of said property.
To acquire by gift, purchase, lease or otherwise, and to own, hold, enjoy, operate, maintain and to convey, sell, lease, transfer, mortgage and otherwise encumber, dedicate for public use and/or otherwise dispose of, real and/or personal property and interests therein wherever situate.
To enforce assessments, liens, charges, restrictions, conditions and covenants existing upon and/or created for the benefit of parcels of real property in the plats of The Beachcombers, Beachcombers No. 2, Beachcombers No. 3, Beachcombers No. 4, and Beachcombers No. 5, as platted or to be platted and such other contiguous property as by agreement of the Directors may be extended the rights of membership herein provided for.
To pay the taxes and assessments which may be levied by any public authority upon any of the said property now or hereafter used or set apart for roadways, easements, parks, parkways, playgrounds, open areas, tennis courts, beaches, boat landings, mooring basins, community clubhouses, community club buildings, places of amusement and/or recreation areas, or upon such other recreation spaces wherever situate as may be maintained for the general benefit and use of the owners of lots in said property, to pay taxes and assessments levied by any public authority upon any property which may be held in trust for said corporation.
To exercise such powers of control, interpretation, construction, consent, decision, determination, modification, amendment, cancellation, annulment and/or enforcement of covenants, reservations, restrictions, liens and charges imposed upon said property, and as may be vested in, delegated to, or assigned to said corporation and such duties with respect thereto as may be assigned to and assumed by said corporation.
To appropriate, purchase, divert, acquire and store water from streams, water courses, wells or any other source, and to distribute the water so appropriated and acquired to its members for use upon the lands of said members and for domestic purposes; to acquire, own, construct, hold, possess, use and maintain such pumping plants, tanks, pipe lines, reservoirs, ditches, buildings, roads, trails and appliances, and such other property, including water rights and shares of stock in other corporations as said corporation may from time to time desire to acquire or purchase for furnishing and supplying water to its members; provided that this corporation shall not use or dispose of such water as a public utility, but solely for the use and benefit of its members and for the irrigation of lands and domestic and other useful and beneficial purposes.
To fix, establish, levy and collect annually such charges and/or assessments as may be necessary in the judgment of the Board of Trustees, to carry out any or all of the purposes for which this corporation is formed, but not in excess of the maximum from time to time fixed by the By-Laws.
To expend the moneys collected by said corporation from assessments and charges and other sums received for the payment and discharges of costs, expenses and obligations incurred by said corporation in carrying out any or all of the purposes for which said corporation is formed.
Generally, to do any and all lawful things which may be advisable, proper, authorized and/or permitted to be done by said corporation under or by virtue of any restrictions, conditions and/or covenants or laws affecting said property, or any portions thereof (including areas now or hereafter dedicated to public use); and to do and perform any and all acts which may be either necessary for, or incidental to, the exercise of any of the foregoing powers or for the peace, health, comfort, safety, and/or general welfare of owners of said property, or portions thereof, or residents thereon.
To borrow money and mortgage, pledge or hypothecate any or all of the real or personal property of said corporation as security for money borrowed or debts incurred; and to do any and all things that a corporation organized under said laws of the State of Washington may lawfully do when operating for the benefit of its members or the property of its members, and without profit to said corporation.
Generally, to do and perform any and all acts which may be either necessary or proper for or incidental to the exercise of any of the foregoing powers and such powers granted by the provisions of Title 24, Revised Code of Washington, and other laws of the State of Washington relating to nonprofit corporations.
Nothing contained in these Articles of Incorporation shall be construed as authorizing or permitting said corporation to own, manage or operate any real or personal property for profit. It is the intention and purpose that the business of said corporation shall not be carried on for profit either to itself or for the benefit of its members, and wherever it is authorized to collect charges or assessments it shall have no power or authority to use said charges or assessments except as necessary to cover the actual cost or expense of the act, duty, power or transaction performed or to create reasonable reserves therefor.
All of the foregoing purposes and power are to be exercised and carried into effect for the purpose of doing, serving and applying the things above set forth for the benefit of all property as mentioned in paragraph 6 hereof.

ARTICLE II

This corporation shall at all times hereafter be a joint and mutual association of the above named incorporators, and such other persons as may hereafter be admitted to membership in accordance with the By-Laws of the corporation. Membership and certificates evidencing the same shall be inseparably appurtenant to tracts or division of tracts owned by the members, and upon transfer of ownership or contract for sale of any such tract, membership and certificate of membership shall ipso facto be deemed to be transferred to the grantee or contract purchaser. No membership or certificate of membership may be transferred, assigned or conveyed in any manner other than in the manner herein set forth. In the event of the death of a member, the membership or certificate of membership of such deceased member shall be and become the property of the personal representative of such deceased member upon appointment and qualification as such in a judicial proceeding and such personal representative shall have all of the rights, privileges and liabilities of such member until title shall be transferred or contracted to be transferred. The property in possession of this corporation shall be managed by the Board of Trustees hereinafter mentioned and only alienated and disposed of in accordance with the By-Laws of the corporation. The interest of each incorporator or member shall be equal to that of any other and no incorporator or member can acquire any interest, which will entitle him to any greater voice, vote, authority, or interest in the corporation than any other member.

ARTICLE III

The number of trustees of this corporation shall not be less than five (5) nor more than eleven (11). The names of the trustees who shall manage the affairs of the corporation for not more than six (6) months until the trustees are elected by the members are:

Name Address
Andrew J. Haug 5209 E. Marginal Way, Seattle, Washington
William J. Royea 2636 West Viewmont Way, Seattle, Washington
Elvin P. Carney 555 Dexter Horton Bldg., Seattle, Washington
ARTICLE IV

The time of the existence of this corporation shall be perpetual.

ARTICLE V

The registered office and post office address of this corporation shall be PO Box 34 Greenbank, WA 98253.

ARTICLE VI

The qualifications of the members of said corporation, the property, voting and other rights and privileges, and the liabilities to charges and assessments of the members, shall be set forth in the By-Laws of the corporation. The By-Laws shall provide on a reasonable and non-discriminatory basis for a membership for each person or family who now has or may hereafter acquire by deed or contract of purchase in good standing, an interest in any lot or tract of land in the plats of The Beachcombers, the Beachcombers No. 2, The Beachcombers No. 3, The Beachcombers No. 4, the Beachcombers No. 5, or in any part of the premises described in a Contract of Sale dated March 25, 1960, wherein Joseph H. Lewis and Ora A. Lewis, husband and wife, were sellers, and Whidbey Shores, Inc., a Washington corporation, was purchaser, all situated on Whidbey Island, Island County, Washington.

IN WITNESS WHEREOF, we, the undersigned, incorporators of this corporation, have this 10th day of July 1969, hereunto set our hands and seals in triplicate.

ss ANDREW J. HAUG, WILLIAM J. ROYEA, ELVIN P. CARNEY, NANCY ANN HOLMAN, JAMES A. IIOLMAN.

STATE OF WASHINGTON
COUNTY OF KING

THIS IS TO CERTIFY that on the 10th day of July, 1962, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared ANDREW J. HAUG, WILLIAM J. ROYEA, ELVIN P. CARNEY, NANCY ANN HOLMAN and JAMES A HOLMAN, to me known to be the individuals described in and who executed the within and foregoing instruments and acknowledged to me that they signed and sealed the same as their free and voluntary act and deed, for the uses and purposes therein mentioned.

WITNESS my hand and official seal the day and year in this certificate first above written.

NELSON T. LEE
Notary Public in and for the
State of Washington, residing at Seattle

===============================

BY – LAWS
OF
BEACHCOMBERS COMMUNITY CLUB, INC.

The term “Board” shall be used to refer to the Beachcombers Community Club Board of Directors.

ARTICLE I – PURPOSES

Section 1. This corporation shall be conducted as a non-profit maintenance corporation for the purposes set forth in the Articles of Incorporation for the property situated in the plats of The Beachcombers, Beachcombers No. 3, and Beachcombers No. 5, Surf Paradise, Division No. 1 and other properties of International Enterprise, Inc. in Government Lot 4, Section 4, Township 30 North, Range 2 E. W. M., all situated on Whidbey Island, Island County, Washington.

Section 2. The corporation shall have power to levy and collect assessments against its members and against the tracts owned or purchased by them for the purposes in its Articles of incorporation and By-Laws set forth, and to sell or forfeit their interest in the corporation for default with respect to any lawful provisions of said Articles of Incorporation and By-Laws and upon forfeiture of any such property as by law and in the By-Laws provided, may transfer the membership of such defaulting member.

Section 3. The purposes for which this corporation was created may be altered, modified, enlarged or diminished by the vote of two-thirds of the members at a meeting duly called for such purpose, notice of which meeting shall be given in the manner provided by the By-Laws of giving of notice for the election of board members.

ARTICLE II – MEMBERSHIP

Section 1. The membership of the corporation shall consist of and be limited to the incorporators and the owners or purchasers of tracts in the area described in Article I of the Articles of Incorporation, who shall have one membership regardless of the number of tracts so owned or purchased, and the interest of each member shall be equal to that of any other member, and no member can acquire any interest which shall entitle him to any greater voice, vote or authority in the corporation than any other member. A purchaser under a contract of purchase shall be deemed to be an owner for membership purposes. If any tract or tracts are held by two or more persons, the several owners of such interest shall be entitled collectively to cast one vote, provided, however, that additional memberships of one to each tract, shall be allocated to each subdivision of a tract where the subdivision contains not less than 7200 square feet of land.

Section 2. Except as hereinbefore otherwise provided and as declaratory of the foregoing, no membership shall be noted unless represented by the owner or purchaser as afore described of an individual tract or tracts to which it is and shall be inseparably appurtenant.

Section 3. Membership shall be inseparably appurtenant to tracts owned by the members, and upon transfer of ownership, or contract of sale, of any such tracts, membership shall ipso facto be deemed to be transferred to the contract purchaser. No membership may be transferred, assigned or in any manner conveyed other than in the manner hereinbefore set forth. In the event of the death of a member, the membership of such member shall be and become the property of the personal representative of such deceased member upon the appointment and qualification of such in a judicial proceeding and such personal representative shall have all of the rights, privileges and liabilities of the deceased member until title shall be transferred or contracted to be transferred.

Section 4. No membership shall be forfeited nor member be expelled except upon foreclosure for non-payment of assessments, and no member may withdraw except upon transfer of title to the real property to which their membership is appurtenant, as elsewhere herein provided. No compensation shall be paid by the corporation upon any transfer of membership and no member whose membership is transferred shall be entitled to share or participate in any of the property or assets of the corporation.

ARTICLE III – DISSOLUTION

In the event of the dissolution of the corporation each person who is then a member shall receive their pro rata proportion of the property and assets after all of its debts have been paid.

ARTICLE IV – BOARD MEMBERS

Section 1. Corporate powers of the corporation shall be vested in a Board of Directors. The number of Board members who shall manage the affairs of the corporation shall be nine. At any meeting or special meeting called, the members may increase or decrease the number of board members to any number not more than fifteen or less than nine.

Section 2. Board members shall normally be elected to serve for three years, or until their successors are elected and qualified. Additional Board members may be elected at the annual meeting for one or two years to complete vacant terms of office. One third of the Board members shall be elected each year.

Section 3. Each Board member shall be a member who shall not have lost their right to vote by reason of having disposed of land to which their membership is appurtenant shall be late in the payment of their dues/assessment(s).

Section 4. In the event a Board member ceases to be the owner of the land to which their membership is appurtenant, or of a contract for the purchase thereof, they shall thereby cease to be a Board member and their office shall become vacant upon written notification without action other than to note the change in the minutes of the Board.

Section 5. At the first meeting of the Board after each annual meeting of the members, the Board shall elect a president, vice president, secretary and treasurer. The board may also at any time appoint an executive secretary and/or assistant secretary and/or assistant treasurer. Officers of the corporation so elected shall hold office for the term of one year and until their successors are qualified. Any officer or board member may be suspended or removed by a majority vote of all of the board members.

Section 6. No officer except the executive secretary and/or the assistant treasurer shall receive any salary or compensation from the corporation.

Section 7. Any vacancy occurring in the Board shall be filled by appointment by a majority of the remaining board members. The person so appointed shall hold office until the next regular meeting of the members of the corporation whether an annual or a special meeting. At this time, the any vacancies for the remainder of the original terms, if any, shall be filled by election by the members in the regular manner.

ARTICLE V – MEETINGS

Section 1. The annual meeting shall be held in June or July of each year at a time and place to be designated by the Board. Notice thereof shall be given by the secretary by mailing notice to each member not less than thirty days prior to the date of the meeting.

Section 2. Special meetings of the members may be called at any time by the president or a majority of the Board or by members representing ten per cent of the tracts within the jurisdiction of the corporation. Notice of a special meeting, stating the object thereof, shall be given by the secretary by mailing such notice to each member not less than five days prior to the date on which such meeting is to be held.

Section 3. At all annual and special meetings of the members, twenty per cent of all of the members of the corporation shall constitute a quorum for the transaction of business. Each member shall be entitled to one vote.

Section 4. Special meeting of the Board shall be called at any time by the secretary, the president or a majority of the Board. The president or secretary shall give each board member notice, personally, verbally, by mail, by e-mail or by telephone, of all regular and special meetings at least one five days previous thereto. The number of Board members needed to establish a quorum should be a majority of the number of current Board members.

Section 5. A member may exercise their right to vote by proxy.

Section 6. Except as may otherwise be provided by law, all board meetings and the annual meeting shall be governed by Roberts’ Rules of Order.

ARTICLE VI – POWERS AND DUTIES OF THE BOARD

Section 1. Subject to limitation in the Articles of Incorporation and the By-Laws and the laws of the State of Washington, all power of the corporation shall be exercised by or under the authority of, and the business and affairs of the corporation shall be controlled by the Board. Without prejudice to such general powers, and subject to the same limitations, it is hereby expressly declared that the board members shall have the following powers:

Section 2. To select and/or remove agents and employees of the corporation, prescribe such powers and duties for them that are not inconsistent with law, with the Articles of Incorporation or the By-Laws, determine their compensation and if needed, require sufficient bond for the service provided.

Section 3. To conduct, manage and control the affairs and business of the corporation, and to make such rules and regulations not inconsistent with law, with the Articles of Incorporation or by By-Laws, as they may deem best.

Section 4. To cause to be kept a complete record of all minutes and acts and to present a full statement to the regular annual meeting of members showing in detail the condition of the affairs of the corporation. Section 5: In the absence of the president, the vice-president, the treasurer and then the secretary (in that order) has the authority to sign contracts on behalf of the Association. Such contracts shall have been authorized by the Board.

ARTICLE VII – DUTIES OF OFFICERS

Section 1. President. The President shall preside at all meetings of the board members; he/she shall sign as President all contracts or other instruments in writing authorized by the Board; shall call special meetings of the board members or of the members when-ever deemed to be necessary; and shall have and exercise under the direction of the Board the general supervision of the affairs of the corporation.

Section 2. Vice President. The Vice President shall preside at all meetings in the absence of the President and in case of the absence or disability of the President shall perform all other duties of the President which are incidental to this office.

Section 3. Secretary. The Secretary shall issue all notices and shall attend and keep the minutes of all meetings; shall have charge of all corporate books, records and papers; shall be the custodian of the corporate seal; shall attest their signature and impress with the corporate seal all written contracts of the corporation; and shall perform all such other duties as are incidental to their office.

Section 4. Treasurer. The Treasurer shall keep safely all moneys and securities of the corporation and disburse the same under the direction of the Board; and shall cause to be deposited all funds of the corporation in a bank selected by the Board members. At each annual meeting of the members, and at any time directed by the board members, he/she shall issue and present a full statement showing in detail the condition of the affairs of the corporation

Section 5. The executive secretary and/or assistant secretary and/or assistant treasurer, if appointed by the Board, shall perform such duties as may be designated by it.

Section 6. Any officer, other than the President, may occupy two offices concurrently if the Board so directs.

ARTICLE VIII – MEMBERSHIP AND TRANSFERS

Section 1. All memberships shall be inseparably appurtenant to the tract, tracts or fractional tracts owned by the holders thereof and upon sale or contract to sell such memberships shall become the property of the grantee or purchaser as hereinbefore provided. No transfer of membership shall entitle the transferee to vote the same until it has been established to the satisfaction of the secretary or treasurer that such transfer is bona fide and has been made in the manner provided.

Section 2. Any owner or purchaser of a tract or tracts within Beachcombers may exercise all of the rights and privileges of membership and shall be subject to all of the liabilities of membership.

ARTICLE IX – ASSESSMENTS

Section 1. The members of the corporation and the lots or tracts of land in which they have an interest shall be liable for the payment of such charges or assessments as may from time to time be fixed and levied by the Board pursuant to the Articles of Incorporation and these By-Laws and subject to the provisions of said Articles and By-Laws. The amount of such charges and assessments levied upon a member, except for utilities, shall in no event, exceed in any one year the sum of $175.00 for each lot or tract owned. Charges and assessments against members or the land owned or being purchased by them shall be levied by the Board on an equitable basis without distinction or preference of any kind. All charges or assessments, when collected by the corporation, shall remain the property of the members until such time as the charges or assessments are expended pursuant to the Articles of Incorporation and By-Laws of the corporation.

Section 2. From time to time, as and when any such assessments in this Article IX are levied, each member with respect to the land or interests therein to which their membership is appurtenant, shall pay the amount of such assessment against the same to the corporation, where designated and shall be received by March 15 for the annual assessment. The amount of such assessment, together with all expenses, attorneys’ fees and costs reasonably incurred in enforcing the same, shall be paid by the members and shall be a lien upon said land and the membership appurtenant thereto, superior to any and all other liens created or permitted by the owner of such land and enforceable by foreclosure proceedings in the manner provided by law for foreclosure of mortgages upon land; provided, that no proceedings for the foreclosure of any of said liens in this Article IX provided, shall be commenced except upon the expiration of four months from and after the date of mailing said notice of assessment in this section described.

Section 3. Only those members that are not in arrears for assessment(s) will be eligible to vote at the annual meeting, hold a position on the Board, or use any of the facilities provided by the Beachcombers Community Club. For the purpose of this section a member shall be considered in arrears for assessment after sixty (60) days from the date of the first notice that the assessment is due and payable to The Beachcombers Community Club.

Section 4. A breach of the published covenants which requires legal action will be turned over to The Beachcomber Community Club attorney and all the expenses, attorney’s fees and costs reasonably incurred in the enforcement of same, shall be paid by the member against whom the action is taken, if such member is found in violation by either a court or a settlement decision and shall be a lien upon said land and the membership appurtenant thereto.

ARTICLE X – AMENDMENTS

These By-Laws may be amended at any annual or special meeting of members, provided written notice of the proposed amendment(s) is/are given with the notice of the call of the meeting, by a vote of 60% of the members of the corporation present at said meeting in person or by proxy.

ARTICLE Xl – CORPORATE SEAL

The seal of the corporation shall be in circular form and shall contain the words “BEACHCOMBERS COMMUNITY CLUB, INC.” and the words “Corporate Seal Washington 1962′ in the form and style as affixed in these By-Laws by the impression of said corporate seal.

ARTICLE XII – DATE OF INITIAL ADOPTION

These By-Laws are duly adopted by the corporation and the corporate seal thereof affixed on the 10th day of July 1962.

DATE OF ADOPTION
July 10, 1962
Amended July 13, 2013
Amended July 19, 2015 for annual dues amount effective January 1, 2016