INDEX

Click on the heading to jump to section

BY-LAWS – REVISED: 

To be voted on by “paid-up” members at the December, 1975, annual meeting. These By-Laws may be amended after their adoption, after notification to all members of the proposed change. These Revised By-Laws were approved by the Board of Directors of the Buena Vista Lakes Maintenance Association at a Special Meeting held on September 30, 1975, and were o.k.’d by an Attorney on October 9, 1975.

STANDING RULES:

To be voted on by “paid-up” members at the December, 1975, annual meeting. Standing Rules may be amended without notification and, therefore, can be changed before or after adoption.

CHARTER OF INCORPORATION: 

Body of Charter, as recorded in the records of Incorporation in the Office of the Secretary of State, Jackson, Mississippi, in Photostat Book 170, pages 213-217, and in the Office of the Chancery Court Clerk of DeSoto County, Mississippi, in Book 4, pages 66-70, records of Corporation.

PLAT PROTECTIVE COVENANTS: 

Buena Vista Lakes Subdivision Plat as recorded in the Office of the Chancery Court Clerk, DeSoto County, Mississippi, in Plat Book 4, pages 34-37 (Section A), Plat Book 5, pages 10-11 (Section B), Plat Book 5, page 18 (Section C), Plat Book 5, pages 40-43 (Section D). These Plat Covenants cannot be changed until 1991.

DEED RESTRICTIONS: 

As appeared in all original Warranty Deeds from Walkem Development Company to original property owners, with notation of same to appear in all subsequent Deeds. These Deed Covenants cannot be changed until 1991.

AMENDMENTS TO COVENANTS: 

Recorded in Book 392, pages 89-94; Book 392, page 525; and Warranty Deed Book 209, page 451; ni the Office of the Chancery Court Clerk of DeSoto County, Mississippi; Minute Book 1, page 26, and Book 42, page 27, of the Board of Adjustments of DeSoto County, Mississippi; and Minute Book 18, page 296, of the Board of Supervisors of DeSoto County, Mississippi.

Map of Subdivision

Note: DeSoto County Subdivision Regulations and Zoning Regulations, as well as The Litter Ordinance, the Animal Control Ordinance and other pertinent Ordinances, are available from the appropriate governmental departments of DeSoto County (Information: 662-429-5011) of at the DeSoto County website: Pertinent recorded subdivision documents are available in the Office of the Chancery Court Clerk of DeSoto County, Mississippi, and in the Office of the Board of Supervisors of DeSoto County,Mississippi; or at http://www.desotoms.info

---

BY-LAWS

By-laws are the regulations necessary for the operational procedures of the Association, for governing its own local or internal affairs and its dealings with outside parties.

NOTE: “Two-thirds (2/3) vote” -as per Robert’s Rules of Order and as required by the U. S. Constitution and used by Congress.

BY-LAWS OF
BUENA VISTA LAKES MAINTENANCE ASSOCIATION, INC.
(a non-profit organization)

ARTICLE I POWERS AND PURPOSES

SECTION 1. GENERAL: The purpose of this Association shall be to encourage and promote the general civic improvement and development of Buena Vista Lakes Subdivision in DeSoto County, Mississippi. The powers of this Association are those set out in its Charter. The provisions of the Charter shall control in event of any conflict between said provisions and any part of these By-Laws.

SECTION .2 MANAGEMENT OF PROPERTY: This Association shall hold title to the lakes, dams, dam-sites, common areas and other common property, in the subdivision in trust, however, for the use and benefit of its members, and in the event of the dissolution of the Association, the property of the Association shall revert to and become the property of its members.

ARTICLE II NAME AND LOCATION

The name of the Corporation is Buena Vista Lakes Maintenance Association, Inc. a( non-profit organization) hereinafter referred to as the “Association”. The principal office of the corporation shall be located at the Buena Vista Lakes Clubhouse, DeSoto County, State of Mississippi, but the meetings of members and directors may be held at such places within or without the State of Mississippi as may be designated by the Board of Directors.

ARTICLE III DEFINITIONS

SECTION .1 “Association” shall mean and refer to the Buena Vista Lakes Maintenance Association, Inc., its successors and assigns.

SECTION 2. “The Properties” shall mean and refer to all such existing properties, and additions thereto, as are subject to the By-Laws.

SECTION 3. “Common Properties” shall mean and refer to those areas of land shown on any recorded subdivision plat of the properties and any facilities or improvements now or hereafter placed thereon and intended to be devoted to the common use and enjoyment of the owners of the properties.

SECTION 4. “Lot” shall mean and refer to any plot of land upon any recorded subdivision map of The Properties with the exception of Common Properties as heretofore defined and Lots A, B, and part of Lot C.

SECTION 5. “Owner” shall mean and refer to the recorded owner, whether one or more persons or entities, of the fee simple title to any Lot situated upon The Properties but, notwithstanding, any applicable theory of mortgage or deed of trust shall not mean or refer to the mortgage or trustee unless and until such mortgagee or trustee has acquired title pursuant to foreclosure, or any proceeding in lieu of foreclosure.

SECTION 6. “Member” shall mean each owner, corporate or otherwise, of any interest in land in the Buena Vista Lakes Subdivision; shall have a membership in Buena Vista Lakes Maintenance Association, Inc., a non-profit corporation.

SECTION .7 “Paid-up Member” shall mean and refer to all those lot owners whose dues and assessments are current, giving them voting privileges and the right to use the Common Properties.

SECTION 8, “Board” shall mean the Board of Directors of the Buena Vista Lakes Maintenance Association, Inc.

ARTICLE IV MEMBERSHIP

SECTION 1.ELIGIBILITY: Each owner, corporate or otherwise, of any interest in land in the Buena Vista Lakes Subdivision shall have a membership in the Buena Vista Lakes Maintenance Association, a non- profit corporation created for the purpose of owning and maintaining the lakes, dams, dam sites, drives and other common areas, which membership is subject to the By-laws and other rules and regulations thereof.

SECTION 2. RIGHTS OF MEMBERSHIP: The rights of membership are subject to the payment of annual dues assessments and/or special assessments levied by the Association, the obligation of which assessments is imposed against each owner and becomes a lien upon the property against which such assessments are made. During any period in which a Member shall be in default in such payment of any annual dues or assessments levied by the Association, the voting rights and right to use the Association’s facilities of such Member shall be suspended by the Board of Directors until such dues and assessments have been paid.

Note: sentence deleted, not approved for reinstatement at 2007 Annual Meeting for lack of 2/3 of votes cast (170 to 150)

SECTION 3. TERMINATION OF MEMBERSHIP: Membership in this Association shall be terminated by:

• (a). Death of a member.
• (b). Resolution of the Board of Directors for failure to pay within ninety (90) days of the due date, dues or assessments assessed by the Association.
• (c.) Resolution adopted by a two-thirds vote at a meeting of the Association for violation of any provision, requirement, covenant, limitation, restriction or condition of the subdivision plat or any original Warranty Deed to his lot, or of the By-laws, Charter of Incorporation, law, or other rules and regulations pertaining to this Association.

Upon termination of membership, a lot owner shall have no further right or privilege to the use or enjoyment of any lakes, dams, common areas or other property or facilities of the Association.

SECTION 4. VOTING RIGHTS: A “paid-up” member shall be entitled to one vote for each Lot in which they hold the interests required for membership in ARTICLE IV, Section 1.  When more than one person holds such interest, or interests, in any Lot all such persons shall be members, and the vote for each Lot shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to any such Lot.

SECTION-5. CORPORATE OWNERS: Owners of Lots A, B, and-owners o f part of Lot C have membership and voting rights in the Association (see Note).

Note: deletion approved at 2007 Annual Meeting by 2/3 of votes cast (206 of 303 votes)

ARTICLE V MEETING OF MEMBERS

SECTION 1. ANNUAL MEETING: The annual meeting of the paid-up members shall be held on the first Monday in October of each year at a time and place designated by the Board of Directors. if the day for the annual meeting of Members shall fall upon a holiday, the meeting shall be held on the following Friday Monday (see Note).

Note: approved at 207 Annual Meeting by 2/3 of votes cast (265 of 312 votes) 

SECTION 2. SPECIAL MEETINGS: Special meetings of the members of the Association may be called from time to time by the Board of Directors or upon petition of members representing not less than 20% of the votes eligible to be cast. The members shall receive not less than seven (7) days notice of any special meeting, beginning with the date of mailing the notices. Notice by mail or the usual mailing address shall be sufficient notice. If a petition with the required number of signers is presented to the Board of Directors requesting call of a special meeting of members, it shall be mandatory upon the Board of Directors to call such meeting for the purpose stated in the petition at the earliest convenient time and place, provided not less than seven (7) days notice shall be given the members as provided above. Every call for a special meeting must state the matters to be considered at such meeting and only the matters named in the notice may be considered at such meeting.

SECTION 3. QUORUM: At all meetings of the members, 25% of the votes eligible to be cast shall constitute a quorum, and a majority of the members present shall decide any questions at all meetings, except on the question of:

1. Change of lot Assessments, which requires a favorable vote of a majority of the votes eligible to be cast by the members of the Association,
2.  Expulsion of members for any reason, and
3. Amending By-Laws, requires a two-thirds (2/3) vote.

Written Proxies shall be counted on quorum and on all matters considered at meetings of the members, and shall be valid only when voted by the members of this Association.

SECTION 4. ORDER OF BUSINESS: The order of business at the annual meetings of the Members, as far as practical, shall be:

1.  Call to order
2.  Proof of quorum
3. Election of Directors
4. Reading and action on minutes of last meeting
5. Committee Reports
6. Unfinished Business
7. New Business
8.  Adjournment

ARTICLE VI BOARD OF DIRECTORS: SELECTION: TERM OF OFFICE

SECTION 1. NUMBER: The affairs of this Association shall be managed by a Board of Directors comprised of thirteen (13) members, who must be paid-up members, and in accord with ARTICLE IV, Section 1, above. Representatives of corporate members are eligible to be members of the Board of Directors.(see Note)

Note: approved for deletion at 2008 Annual Meeting by 2/3 of votes cast (280 of 295 votes)

SECTION 2. SELECTION: At the 1976 annual meeting the members shall elect five (5) Directors receiving the largest number of votes, for a term of three years, four (4) Directors receiving the next largest number of votes, for a term of two years, and four (4) Directors receiving the next largest number of votes for a term of one year. At each annual meeting thereafter, the members shall elect the necessary number of Directors to fill all vacancies of the coming year.  These Directors serve a term of three years.  A Director may succeed himself or herself ONLY if another person cannot be found to fill a vacant Director’s position. (see Note)  A tie will be broken by a second ballot.

Note: sentence amended at 2008 Annual Meeting by 213 of votes cast (267 of 294 votes)

SECTION 3. DISCHARGE OF DIRECTORS: Any Director may be discharged by the members of the Association at any special meeting called for that purpose or at any annual meeting and the members may immediately elect the successor of any Director so discharged to serve the remainder of the term.

SECTION 4. COMPENSATION: No Director shall receive compensation for any service he may render to the Association, However, any Director may be reimbursed at the discretion of the Board for his actual expenses incurred in the performance of his duties.

SECTION 5. ABSENTEEISM: Board members who miss two (2) consecutive meetings without good cause or notification shall be ask asked (see Note)  if they wish to continue as a member of the Board.

Note: approved at 2007 Annual Meeting by 2/3 of votes cast (228 of 307 votes)

ARTICLE VI MEETING OF DIRECTORS

SECTION .1 REGULAR MEETINGS: Regular meetings of the Board of Directors shall be held on the first Monday following the annual meeting of Members, and on the first Monday of each month of the year thereafter. Should the first Monday fall on a holiday, the monthly meeting would be the second Monday of the Month. All meetings of the Board of Directors shall be open to those members of the Association in good standing.

SECTION .2 SPECIAL MEETINGS: Special meetings of the Board of Directors shall be held when called by the President of the Association and shall also be called by the Secretary of the Association upon the written request of three Directors. No less than one day’s notice shall be given to the Directors before the call of any special meeting. Any business may be transacted at a regular or special meeting.

SECTION 3. QUORUM: A majority of the members of the Board of Directors shall constitute a quorum, and not less than four Directors must concur on all final votes on matters considered.

ARTICLE VIII NOMINATION AND ELECTION OF DIRECTORS

SECTION 1. NOMINATIONS: A committee of three or more people consisting of present Board members or past board members, shall be selected by the President at the July Board meeting to assemble a slate of prospective directors to fill vacancies for the coming term (3 years). The list of prospective candidates and a short resume’ of each candidate must be in the hands of the Secretary at least thirty (30) days prior to the annual meeting at which the election is to be held, and said list shall be mailed to all members along with the notice of the annual meeting, twenty-one (21) days prior to the annual meeting.

SECTION 2. ELECTION: Election to the Board of Directors shall be by written ballot.

At such election, members may cast in respect of each vacancy as many votes as they are entitled to exercise under the provisions of the By-Laws. The persons receiving the largest number of votes shall be elected. Proxy votes sent to the Association’s Secretary will be divided as equally as possible amongst those Board members present at the annual meeting and be so voted. Proxies sent to individual members shall be voted by the member. Nominations may also be made from the floor.

You may either vote your own choices, or by signing the Proxy authorize a Board member, or a member so designated by you, to vote your vote. Cumulative voting is not permitted.

SECTION 3. CORPORATE MEMBERS: Corporate Members are eligible to be members of the Board of Directors.(see Note)

Note: Section approved for deletion and subsequent Section renumbered at 2008 Annual Meeting by 2/3 of votes cast (273 of 295 votes)

SECTION 3. VACANCIES: When a director ceases to be a paid-up Member as defined by ARTICLE III, Section 7 hereinbefore; ceases to own land in the Subdivision; resigns, or be discharged or suspended; his office shall be immediately vacated. Vacancies in the Board of Directors, created other than by vote of the members, shall be filled by a majority vote of the remaining Directors and the new Director shall fill the vacancy until the next annual meeting of the members.

ARTICLE IX POWERS AND DUTIES OF BOARD OF DIRECTORS

SECTION 1, POWERS: The Board of Directors shall have the general supervision and control of the affairs of the Association and shall make all Standing Rules and Regulations consistent with the Charter of Incorporation, Covenants, and By-Laws. They shall have the management of the business and guidance of the employees and agents of the Association. The Directors shall have the active management to:

• (a). Propose and publish rules and regulations to govern the personal conduct of the Members and their guests thereon, and to pursue the enforcement of those rules and regulations.
• (b). Exercise for the Association all powers, duties and authority vested in or delegated to this Association and not reserved for the membership by other provisions of the Charter of Incorporation, Covenants, By-Laws and Standing Rules. The Board of Directors does not have the power to move, or change, in use or location, any of the Common Properties unless it has been approved by the members of the Association.

SECTION 2. DUTIES: It shall be the duty of the Board of Directors to

• (a). cause to be kept a complete record of all its acts and corporate affairs, and to present the financial statement for the past year and the budget for the coming year at the annual meeting;
• (b). collect the dues, assessments, or charges referred to in ARTICLE IV, Section 2, of these B-y Laws;
• (c). supervise all officers, agents, and employees of the Association to see that their duties are properly performed; and to fix their compensation;
• (d). issue, or cause an appropriate officer to issue, upon demand by any person, a receipt setting forth whether or not his dues and assessments have been paid. If a receipt states that dues and assessments have been paid, such receipt shall be conclusive evidence of such payment;
• (e). procure and maintain adequate liability and hazard insurance on property owned by the Association;
• (f). cause all officers or employees having fiscal responsibilities or security responsibilities to be bonded, as it may be deemed appropriate; cost of said bond to be paid by the Association;
• (g). cause the Common Properties to be  maintained;
• (h). charge a reasonable fee for issuance of extra copies of published material after date of first issuance.

SECTION 3. DEPOSITORIES: The Board of Directors shall select one or more banks to serve as depositories of the funds of the Association and shall determine the manner of receiving, depositing, and disbursing such funds, the form of checks, and the person or persons by whom same shall be signed, with the power to change such banks and the person or persons signing such checks, and the form thereof at will. All checks will be signed and countersigned by at least two bonded officers.

SECTION 4. MORTGAGES: The Board of Directors shall have, upon approval by the membership, the authority to mortgage, encumber, hypothecate or pledge as security any assets of the Association when necessary to meet unusual maintenance expenses. Such a mortgage shall be repaid as quickly as possible.

SECTION 5. INVESTMENTS: The Board of Directors shall deposit any funds of the Association not needed for current expenses in an insured savings account with any state savings association or national bank. Any other investments shall require a vote of approval by a two-thirds (2/3) vote at a meeting of the membership.

ARTICLE X COMMITTEES

SECTION 1. COMMITTEES: The Board of Directors shall appoint committees as deemed appropriate in carrying out its purposes, such as:

• (a). RECREATION COMMITTEE: which shall advise the Board of Directors on all matters pertaining to the recreational program and activities of the Association and shall perform such other functions as the Board, in its discretion, determines;
• (b). MAINTENANCE COMMITTEE: which shall advise the Board of Directors on all matters pertaining to the maintenance, repair, or improvement of the Common Properties, and shall perform such other functions as the Board, in its discretion, determines;
• (c). PUBLICITY COMMITTEE: which shall inform the members of all activities and functions of the Association, so that the Board of Directors may make such announcements as are in the best interest of the Association;
• (d). FINANCE COMMITTEE: which shall supervise the annual audit of the Association’s books and approve the annual budget and statement of income and expenditures to be presented to the membership at its regular annual meeting, as provided in ARTICLE IX, Section 2(a), and advise the Board of Directors and perform such other functions as the Board, in its discretion, determines. The Treasurer shall be ex-officio member of the committee;
• (e). SECURITY COMMITTEE: which shall advise the Board of Directors on all matters pertaining to the security measures in effect or planned for the protection of the Association’s rights and properties and shall perform such other functions as the Board, in it discretion, determines;
• (f). CLUBHOUSE COMMITTEE: which shall advise the Board of Directors on the use, upkeep and needs of the Club House proper and shall perform any other functions as the Board, in its discretion, determines.

SECTION 2.(see Note) COMMITTEE CHAIRPERSON: The Head of any operating committee should be a member of the Board; should be a person interested and knowledgeable in the workings of the committee; may appoint to his or her committee those eligible members as he or she deems essential; may be replaced by the Board of Directors for failure to carry out their assigned duty.

SECTION 3. (see Note) COMPLAINTS: It shall be the duty of each committee to receive written complaints from Members on any matter involving Association functions, duties, and activities within its field of responsibility. Subject to the approval of the Board of Directors, it shall dispose of such complaints and in such manner as the Board deems appropriate or refer them to such other committee, director, or officer of the Association as is further concerned with the matter presented. In so far as possible, written answers to complaints, signed by the President, will be mailed to the complainant.

Note: paragraph renumbering approved at 2007 Annual Meeting by 2/3 of votes cast (197 of 295 votes)

 ARTICLE XI OFFICERS AND THEIR DUTIES

SECTION 1. ENUMERATION OF OFFICERS: The officers of the Association shall be a President, a Vice President, a Secretary, and a Treasurer, or Secretary-Treasurer, and one or more assistant Secretaries or Treasurers, and/or Secretary-Treasurers. The President and Vice President shall be members of the Board. The Secretary or Treasurer, or Secretary-Treasurer need not be a member of the Board.

SECTION 2. ELECTION OF OFFICERS: The election of the President and Vice President shall take place at the first meeting of the Board following each annual meeting of the members. Election of other officers by the Board shall take place as expeditiously as possible.

SECTION 3. TERM: The officers of this Association shall be elected annually by the Board, and each shall hold office for one year unless he shall sooner resign, or shall be removed, or otherwise be disqualified to serve. Officers shall not be disqualified to succeed themselves if duly elected as provided herein. Officers will serve until their successors have been duly elected.

SECTION 4. RESIGNATION AND REMOVAL: Any officer may be removed from office, with or without cause, by the majority vote of the Directors then in office. Any officer may resign at any time by giving written notice to the Board, the President, or the Secretary. Such resignations shall take effect on the date of receipt of such notice, or at any later time specified therein, and unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective.

SECTION 5. VACANCIES: A vacancy in any office shall be filed by a majority vote of the Board of Directors and the duly elected officer shall fil the vacancy until the next annual meeting of the members.

SECTION 6. DUTIES: The duties of the officers are as follows:

PRESIDENT: The President shall preside at all meetings of the members and directors. He may, and upon demand, as herein provided, call special meetings of the members and directors, and shall see that orders and resolutions of the Board are carried out. He shall perform any and all other duties as required of him by the Board.

VICE PRESIDENT: The Vice President shall act in the place and stead of the President in the event of his absence or disability, and shall exercise and discharge such other duties as may be required of him by the Board.

SECRETARY: The Secretary shall keep the minutes of all meetings and proceedings of the Board and of the Association; shall serve notice of meetings of the Board and of the Members; shall keep appropriate current records showing the Members of the Association together with their addresses; shall be responsible for all Association correspondence and committee reports and proper filing of such; shall perform such other duties as required by the Board.

TREASURER: The Treasurer shall receive and deposit in appropriate bank accounts all dues and assessments of the Association and shall keep separate accounts for dues and assessments, using dues for administrative operating expenses and assessments for maintenance of the Common Properties of the Association; shall disburse such funds as directed by resolution of the Board of Directors; shall keep proper books of accounts; shall cause an annual audit of the Association books to be made by a public accountant, or auditing committee, at the completion of each fiscal year; and shall prepare a statement of income and expenditures to be presented to the membership at its regular annual meeting, and deliver a copy of this financial report ot the Members. The Treasurer shall assist the Finance Committee in preparation of the annual budget as requested. The Treasurer shall, upon demand, at any time furnish to any owner liable for said dues and assessments, a receipt in writing signed by an officer of the Association, setting forth whatever said dues and assessments have been paid. Such receipt shall be conclusive evidence of payment of any dues or assessments therein stated to have been paid.

(a). PERSONAL PROPERTY RECORD: The Treasurer shall keep a record of all Association properties, such as office equipment, grounds equipment, furnishings, etc., with an expected usable life of one year or more and costing twenty-five dollars ($25.00) or more. This record shall also include any properties donated it or purchased by the Association and shall give the description, location, cost, expected life of item, etc.

(b). PERSONAL PROPERTY INVENTORY: A Personal Property Inventory will be made at the end of each fiscal year by the Finance Committee listing condition of item, or disposition of any item and what happened to it.

ARTICLE XII FINANCES

SECTION .1 DUES: Dues shall be payable by the membership in such amounts as the members, by a two-thirds (2/3) vote at the annual meeting of the Association, may determine; provided that each lot shall be charged an equal amount of dues, except that no dues shall be charged with respect to Reserved Lots A, B, and part of Lot C. (see Note) Dues shall be used for operating expenses of the Association. A member delinquent in dues must pay all back dues and current dues in order to enjoy the privileges of the Common Properties of the Association and become a member in good standing. Dues are a legal debt incurred by the lot owner and may be enforced in a Court of Law.

Note: approved for deletion at 2008 Annual Meeting by 2/3 of votes cast (272 of 295 votes)

SECTION 2. ASSESSMENTS: The Association may levy upon each lot, except Reserved Lots A, B, and part of e, (see Note) an equal annual assessment, beginning with the year 1969, to defray the costs incurred by the Association in providing maintenance of the lakes, dams, dam sites, drives and other common areas for the general benefit of the Subdivision and the lots therein. Such Assessments shall not be deemed dues of the Association. Such assessments shall be levied in such amounts as the members from time to time shall determine by a majority of those eligible to vote at any duly convened meeting of the Association. Such assessments constitute a lien upon the property so assessed and the Association shall have the power and authority to collect same by proper action at law, or proceeding in Chancery, for the enforcement of such lien.

Special Assessments, purpose, amount, time limitation, due date, and date of delinquency to be as established at a special, or annual, membership meeting.

SECTION 3. NOTICES: The Board of Directors shall have the authority to collect all such dues and assessments and shall give each lot owner at least thirty (30) days’ written notice prior to the due date thereof. Due date being the first day of January of each year, delinquency date being the first day of April.

SECTION 4. INTEREST: All dues and assessments not paid by the due date shall bear interest at the rate of 6% per annum from such date until paid.

 Note: approved for deletion at 2008 Annual Meeting by 2/3 of votes cast (276 of 295 votes)

SECTION 5. CHARGES: In compliance with Court procedures, defendants (lot owners) wil be charged with all legal fees and court costs applicable in the action of the Association collecting past due accounts.

ARTICLE XIII BOOKS AND RECORDS

The books, records, and papers of the Association shall be subject to inspection by a Member by an appointment with the Secretary or Treasurer. Copies of the Charter of Incorporation, Plat Book Covenants, Deed Covenants, printed copies of these By-Laws and Standing Rules shall be made available, at a reasonable fee.

ARTICLE XIV FISCAL YEAR

The fiscal year of the Association shall begin on the first day of January each year.

ARTICLE XV AMENDMENTS

These By-Laws may be amended by a two-thirds (2/3) vote, a quorum being present, at any annual or special meeting called for that purpose. Proposed amendments require a thirty (30) day notice to all members.

ARTICLE XVI CONSTRUCTION

SECTION 1. CONFLICT: In the case of any conflict between the Charter of Incorporation and these By-Laws, the Charter shall control; and in the case of any conflict between the Covenants, limitations and restrictions as appears on the Plat Book in Chancery Court of DeSoto County, State of Mississippi, and on the Deed Covenants and these By-Laws, then the aforesaid Covenants, limitations and restrictions shall control.

SECTION 2. RULES OF ORDER: Robert’s Rules of Order, Revised, shall govern all deliberations of this Association and its Board of Directors, except as otherwise provided for by these By-Laws, the Charter of Incorporation, or the Covenants.

ARTICLE XVII LOT IMPROVEMENTS

SECTION 1. APPROVAL: In order to preserve a proper standard of design and to maintain a uniform quality of construction, no dwelling, accessory building, dock or fence shall be placed on any lot in Buena Vista Lakes Subdivision by the owner thereof without the written approval by the Board of Directors of the plans, lay-out, and specifications, which are to be submitted in duplicate. “Application for Building Approval forms are available from the Buena Vista Lakes Maintenance Association Secretary. Upon approval, one copy of all papers will be returned to applicant, one copy placed on file by Buena Vista Lakes Maintenance Association, Inc. One approved copy (for dwelling or accessory building) is to be taken by the lot owner to the DeSoto County Planning Commission, Hernando, Mississippi, where the lot owner will obtain the required County Building Permits.

Alterations to existing buildings, such as porch or carport enclosures, additions to existing buildings, etc., shall also require the same approvals as above. The rules shall not exceed the DeSoto County Zoning and Building Regulations.

SECTION 2. REPRESENTATIVE: The Board of Directors is authorized to designate a representative to act for it in the approval of plans and specifications for lot improvements. Said representative shall keep a record of:

• a. lot number
• b. name, address, and phone number of lot owner
• c. type of building, addition, or alteration
• d. date turned in for Board approval
• e. whether plans were approved or rejected
• f. date returned to owner
• g. date and number of building permit issued by the DeSoto County Planning Commission 
• h. maintain the files on the “Application for Building Approval” submitted by lot owners.

ARTICLE XVIII AUDITING

The Board of Directors shall annually cause an audit to be made of the finances of the Association, and shall make a written report to the Members at the annual meeting, and oftener more often (see Note) if required by 20% of the paid-up members.

Note: approved at 2007 Annual Meeting by 2/3 of votes cast (205 of 301 votes)

ARTICLE XIX LEGAL DOCUMENTS

Any legal document that is intended to change the effect, intent, or purpose of any of the Common Property within the Buena Vista Lakes Subdivision, must be signed by the President and Vice President of the Buena Vista Lakes Maintenance Association, Inc. and attested to by at least two (2) other Board members.

---

 STANDING RULES

STANDING RULES are for the health, safety, and welfare of the members and their property.

No Standing Rule is in order that conflicts with the Charter, Plat Covenants, Deed Covenants, or the By-Laws.

STANDING RULES

(As passed at Special Directors Meeting 7/14/25.  All Standing Rules not specifically addressed herein have been revoked or are null and void.)

1. IDENTIFICATION:

1. Official BVL ID’s (“BVL ID”) are only for legal use and enjoyment of the BVL “common areas” (lakes/levees/dams, pool, Club House and grounds, ballfield, etc. which are owned by the Association) by Members in good standing of the Association.  Property Owners may not loan out BVL ID’s to BVL non-residents (except to their authorized guests).  No additional BVL ID’s will be granted or issued, and BVL ID’s may not be sold or purchased for use.
2. A BVL ID for each person must be visible while using the common areas.  
3. At least 1 Property Owner, or his/her family member over 16 who resides with the Property Owner, must accompany all guests using the common areas.  If a Property Owner is unable to accompany his/her guest, a written permission letter, dated and signed by the Property Owner, to also include Property Owner’s name/address/phone number and name(s) of the guest(s), shall be in the possession of the guest(s), together with BVL ID for each guest, when using the common areas.  All permission letters shall expire at the end of the calendar year in which they are dated.  A BVL form letter may be printed from the BVL website, completed and signed.
4. Vehicles parked on the common areas shall be only on graveled, designated parking areas, and must have a BVL ID visible on dashboard.
5. If leaving vehicle to boat, 1 BVL ID must be visible on the dashboard and 1 BVL ID must also be worn by an occupant of the boat.
6. Any unauthorized use of the common areas is considered trespassing, subject to all legal remedies available to the Association.  No obnoxious or illegal activity, litter or damage to common areas shall be permitted or tolerated on or to the common areas and if such occurs, shall be subject to all legal remedies available to the Association.
7. Property Owners and Members are and shall be held responsible for the behavior and actions of their guest(s), and adherence to the rules and regulations of BVL, the Association and applicable laws.
8. Property Owners are responsible for getting their current BVL ID’s at dates and times established by the Board.
9. BVL ID Calculations:
10. Owner occupied:  

1 each for Owner and full-time occupant, plus 2 guest BVL IDs.

2. Leased:  

1 each for full-time occupant.  NO guest BVL IDs.

3. Vacant lots:  

2 only.

2. SWIMMING POOL:

1. Property Owners and their guests must each have a BVL ID in their possession when using the swimming pool.
2. All guests shall abide by the rules, regulations and restrictions of the Association.
3. All persons using the swimming pool do so at their own risk.
4. Each owner is responsible for his/her guest(s).
5. No food, drink cans or bottles are permitted in the swimming pool area.
6. No nude swimming or lewd behavior will be tolerated.
7. Anyone using abusive or obscene language or behavior will be asked to leave.
8. No pets shall be permitted in the swimming pool.
9. No Property Owner shall have more guests in the swimming pool area at one time than the number of his/her BVL ID’s issued.
10. Children who are not potty trained are not allowed in the swimming pool without appropriate “swimmy” diapers.
11. No alcoholic beverages are permitted in the fenced swimming pool area or the area surrounding swimming pool area.
12. The Pool Committee and the contracted agent, with the approval of the Board of Directors, will have full authority to change rules and/or close the pool when they feel it is necessary for the safety of the residents.
13. No one under the age of 16 shall use the pool unless supervised by an adult.  
14. The pool shall be opened on Memorial Day and closed at the end of the Labor Day weekend.

3. CLUB HOUSE:

1. Any Member in good standing may use the Club House facilities provided they reserve the facilities for a specific date and time with the Club House Committee, and pay a usage fee as established by the Board of Directors at any regular business meeting.
2. The Club House must be cleaned and the garbage placed in cans by the person(s) using the Club House.  Any damage to the Club House or its furnishings will be collected from the responsible Property Owner.
3. The Board of Directors shall set a deposit for cleaning and damages as required to insure the Club House being left in the same condition as when it was received.
4. The Board of Directors may refuse rental of the Club House for any reason.

4. DOCKS:

Community Docks:  

The use of the community docks at the access areas as a “boat marina” is only permissible if the boat or water-craft is beached in a way so that neither access to the docks or the lake is blocked from use.  In no event shall a boat or water-craft be tied to a community dock nor shall access to a community dock or its surrounding lake area be blocked to other water-craft or to individuals fishing.  Any boat or water-craft left on any common area is to be maintained and in operational working condition and is to be used and taken out on the lake regularly.  No vehicle, water-craft, boat, trailer or other shall be parked in a way so as to prevent ongoing area maintenance.  In the event it shall become necessary for the Association to move or remove boat, water-craft or other equipment from a common area, the Association shall give a written notice to the Owner of same to have it moved or removed by a certain date and if not so moved or removed, or if the Owner is not able to be ascertained or located, the Association shall have the right to move or remove the water-craft or equipment at the expense of its Owner.   Notwithstanding any of the above, in no event shall any vehicle, water-craft, boat, trailer or other be parked on any common area more than thirty (30) days.

Private Docks:

1. All docks may have a hand or guard rail (not enclosed) up to a height of forty-two (42) inches above the dock deck.  There shall be no structure such as siding above this forty-two (42) inch height; except that a roof shall be permitted over the dock provided that both the dock and the roof are of a neutral, earth-tone color, constructed only of metal or treated lumber, at a maximum height of the base of the roof not to exceed eight (8) feet above the dock, and only after obtaining approval from the Board of Directors.
2. Maximum length of dock to be twenty-four (24) feet.
3. Dock shall extend a maximum of fifteen (15) feet into the lake from rear property line.
4. Floating docks shall conform to maximum extension into lake of fifteen (15) feet and maximum length of twenty-four (24) feet.  All flotation material to be Styrofoam or equal.  Empty oil drums (such as 55 gallon) or similar non-galvanized containers are not permitted as flotation gear.

5. FISHING:  Mississippi Game and Fish Commission Laws will govern, except Crossed Arrows Lake (old swimming lake).  The old swimming lake has been converted into a fishing lake.  Rules for Crossed Arrows Lake will be the same as for all other fishing lakes in Buena Vista Lakes Subdivision, with two exceptions:  No trot lines and no boats will be allowed on this lake.

Identification:  Only one (1) person must wear a BVL ID when more than one person is fishing from a boat (either fishing boats or pontoon boats).  These boats must have a valid BVL identification.  All boats without proper identification will be asked to leave the lakes regardless of whether a person or persons using the boat is wearing a BVL ID.

Trot Lines:  Trot line fishing will be allowed under the following conditions:

1. A maximum of 25 hooks per membership.
2. One or more trot lines may be put out, but no more than twenty-five (25) hooks total.
3. Trot lines must be tagged with name and lot number.
4. A float must be attached to at least one end of line.
5. Trot line must be a minimum of twenty-four (24) inches (2 feet) below water surface.
6. Line shall not be tied to another person’s private dock.
7. Line must be of cotton cord.
8. Trot lines may be put out one (1) hour before sunset and must be removed from lake by one (1) hour after sunrise.
9. Any lines left in the lake after the time limit has expired may be confiscated.

6. FIREARMS:  The firing of any type of firearms inside Buena Vista Lakes Subdivision boundary is not permitted.

7. WATER-CRAFT:  

1. All water-craft must be plainly marked on two sides, or ends, with the initials “B.V.” or “B.V.L.” and lot number.  Unless so marked, they will not be allowed on the lakes.  Mississippi State Water-Craft and U. S. Coast Guard regulations for small craft shall govern.
2. The size of the motor is governed by the Protective Covenants.  No inboard or outboard motor boats having in excess of six (6) horsepower shall be operated on any lake within the subdivision.  Boats equipped with motors in excess of six (6) horsepower may be operated with an electric trolling motor only if the following condition is met:  The propeller of the primary motor may be dropped into the water only for purposes of stabilizing the boat and shall in no event be turned on or operated at all.
3. All boats shall operate at “no wake” speed and operators are responsible for damage caused if careless operation creates a wake.

8. SKIING:  There shall be no skiing or boarding on any of the Buena Vista Lakes.

9. PERSONAL PROPERTY:  

1. The Association is not responsible for any personal property left on any of the common areas.
2. No personal property shall be stored on common areas (except for that in the rented shed).
3. In the event it shall become necessary for the Association to move any personal property from a common area, the Association shall give a written notice to the Owner of same to have it moved or removed by a certain date and if not so moved or removed, or if the Owner is not able to be ascertained or located, the Association shall have the right to move or remove the personal property at the expense of its Owner.

10.  SECURITY:

1. The Club House, Swimming-Picnic Areas are “off limits” after 10:00 p.m. unless approval for use has been made “of record” with the proper committee or Board Director.
2. Vandalism and defacing of any common properties shall be prosecuted by due process of law.
3. The roads in BVL are county roads and therefore are governed by the laws pertaining to recreational vehicles on county roads.  Said vehicles are not allowed on BVL Common Properties, i.e. golf course, ball field, across the dams; however, authorized BVL maintenance vehicles are excluded from this provision.
4. Security cameras may be installed on common areas at the discretion of the Board of Directors.  Viewing of camera or recorded footage may only be as authorized by the Board of Directors.

11. IMPERTINENT PERTINENCES:  The roadways on top of any dam within the Properties are Common Property and are not DeSoto County Roads and are, therefore, subject to all rules, regulations and covenants of the Association.

12. ENFORCEMENT:  Enforcement of the Standing Rules, regulations and restrictions contained herein shall be by proceedings at law or in equity against any person or persons violating, or attempting to violate, them either to restrain violation or recover damages.

13. DURATION:  All of the rules, regulations and restrictions contained herein shall be binding upon all successive Property Owners thereof and all persons thereof and all persons claiming under them for as long as they remain in force.

14. INVALIDATION: Invalidation of any one of the Standing Rules contained herein by judgement, court order or for any other reason shall in no way affect any of the other Standing Rules, all of which shall remain in full force and effect.

15. NOTICES:  Any notice given or required to be sent to any Member or Property Owner under these Standing Rules shall be deemed to have been properly sent when mailed, postpaid, to the last known address of the person(s) who appear as Member(s) or Property Owner(s) on the records of the Association at the time of such mailing.

16. RENTER PRIVILEGES:  The privileges and rights of any Property Owner cannot be transferred.  Any person renting property from a Property Owner within the Buena Vista Lakes Subdivision will have NO rights or privileges as a Member under any condition; however, Renters shall be entitled to use the common areas as guests of the Property Owner under the following conditions:

1. The Property Owner must be in good standing with the Association.
2. The Property Owner is responsible for obtaining and distributing to Renter the BVL IDs, and for giving a copy of the Orange Book to Renters who shall be subject to all the rules and regulations therein.
3. In no way shall any of the above common area usage privileges or requirements be construed to mean that a Renter is a Member or has voting rights or any other rights as a Property Owner or Member.
4. At the time of the Property Owner renting his/her property, the Renter must be notified of this procedure and the Property Owner of the property to be rented shall furnish the Buena Vista Lakes Maintenance Association Board of Directors a statement by the Renter that he/she understands his/her rights and privileges as a Renter.  The Property Owner shall be responsible for the actions of the Renter.

17. PUBLIC ATTENDANCE: The Common Properties are not to be used for anything where the General Public is invited.

ACCOUNT SERVING FEE:    Charges or service fees incurred by the Association for payments or checks returned unpaid, for non-sufficient funds or otherwise, or any other payment service charges, shall be charged to the Property Owner and collectible by all legal remedies available to the Association.

---

THE CHARTER OF INCORPORATION BUENA VISTA LAKES MAINENTANCE ASSOCIATION, INC. A Non-Profit Corporation

1. The corporate title of said company is BUENA VISTA LAKES MAINTENANCE ASSOCIATION, INC.
2. The names of the incorporators are (each are adult residents of the State of Mississippi):

Name	Street & No.	City	State
W.E. Wilroy, Jr.	P.O Box 656	Hernando	Mississippi
Hiaburnia G. Crawford	P.O. Box 14	Hernando	Mississippi
W.E.Wilroy	P.O.Box 5	Hernando	Mississippi

3. The domicile is at

Buena Vista Lakes Maintenance Association, Inc.
P.O. Box 374
Hernando, MS 38632

Change filed with the Mississippi Secretary of State on February 2, 1977

4. This corporation shall be a non-profit corporation and no shares of stock shall be issued and is incorporated as a civic improvement and maintenance society.
5. The period of existence shall be perpetual
6. The purpose for which it is created shall be to operate, maintain, encourage and promote the general civic improvement and development in, of, and for Buena Vista Lakes Subdivision in DeSoto County, Mississippi.

The object, business and purpose of this corporation is non-political and shall be devoted to the encouragement and promotion of civic pride and improvements in said subdivision, and shall promote the general welfare and shall manage and maintain any and all property commonly owned by the members thereof. The incorporators and all persons owning lots in the said subdivision shall be members of the society. The directors thereof, in such number as fixed by the by-laws, shal be elected by the said members at an annual meeting and shall serve without compensation. This corporation shall hold the title to the lakes, dam, dam site, and common areas for the use and benefit of its members and in the event of dissolution of this corporation the property of this corporation shall revert to and become the property of the property and lot owners of said subdivision and shal be held in common by same. This corporation shall divide no dividends or profits among the members thereof: shall make expulsion therefrom the only remedy for non-payment of dues.

7. This corporation shall not be required to make publication of its charter, shall issue no shares of stock, shall vest in each member the right to one vote in the election of all officers, shall make the loss of membership, by death or otherwise, the termination of all interest of such members in the corporate assets, and there shall be no individual liabilities against the members for corporate debts, but the entire corporate property shall be liable for the claims of creditors.

---

PROTECTIVE COVENANTS

These covenants, limitations and restrictions are to run with the land and shall be binding on all persons claiming under them until December, 1991, at which time said covenants, limitations and restrictions shall be automatically extended for successive 10 year periods unless by vote of the majority of the then owners of lots in this subdivision, ti is agreed to change said covenants in whole or in part.

If the parties hereto or any of them or their heirs or assigns shall violate or attempt to violate any of the covenants, limitations or restrictions herein, it shall be lawful for any other person or persons owning any real estate situated in this subdivision to prosecute any proceedings at law or in equity against the persons violating or attempting to violate any such covenants, limitations or restrictions and either ot prevent him or them from so doing or to recover damages or other dues for such violation.

Invalidation of any one of these covenants, limitations or restrictions by judgement or court order shall in no wise affect any of the other provisions, which shall remain in full force and effect.

1. All numbered lots to be for residential use only.
2. Minimum building setback lines to be 35 feet.
3. The minimum main floor area of residences, exclusive of open porches, garages or carports, shall be 750 square feet.* (see Note)

Note: Minimum square footage amended to 1200 square feet pursuant to Amendment duly filed in Book 0392, page 0089, in the records of the Chancery Clerk of DeSoto County, Mississippi.

4. No trailer, tent, basement, shack, garage, barn or other structure of a temporary nature to be used as a residence at any time.
5. No noxious or offensive trade or activity shall be carried on upon any lot in this subdivision, nor shall anything be done thereupon which may be or become an annoyance or nuisance to the neighborhood.
6. No porches or open carports may be enclosed without a permit from the proper authorities of DeSoto County, Mississippi.
7. Minimum side lot line set back to be 5 feet on one side of the lot and 13 feet on the other side. Total of side line set backs must conform to a minimum of 18 feet.

8. The use of the lake shall be limited to property owners and guests.
9. All further restrictions set out in the deeds to the several lots in this subdivision shall run with the land and shall be enforceable under these covenants as if fully set out hereon.

THESE PROTECTIVE COVENANTS ARE PRINTED ON THE PLATS OF RECORD IN THE OFFICE OF THE CHANCERY CLERK OF DESOTO COUNTY, MISSISSIPPI.

---

WARRANTY DEED

Each lot has an original warranty deed filed at the DeSoto County Courthouse Chancery Court Clerk’s Office. Your current deed may not include all of these provisions, but there is an original deed of your property on file that will reflect this wording.

EXAMPLE OF ORIGINAL WARRANTY DEED

For and in consideration of the sum of Ten Dollars ($10.00) each in hand paid and other good and valuable considerations, the receipt of all of which is hereby acknowledged, WALKEM DEVELOPMENT COMPANY OF MISSISSIPPI, INC. a Mississippi Corporation, does hereby sell, convey and warrant make

Owner’s Name

the land lying and being situated in DeSoto County, Mississippi, described as follows, to-wit:

Lot__in Section__ of Buena Vista Lakes Subdivision as shown on plat appearing of record in Plat Book __, Pages __ in the Chancery Court Clerks’ Office of DeSoto County, Mississippi, to which recorded plat reference is made for a more particular description. Said lot being situated in Section__Township 4,  Range 8 West.

The hereinabove described lot is conveyed subject to restrictive covenants of said subdivision as set out on said plat of said subdivision as recorded in the Chancery Court Clerk’s Office of DeSoto County, Mississippi, and further subject to the following covenants, limitations and restrictions which are to run with the land in the same manner and for the same time as the restrictions on said recorded plat of subdivision:

(1) Each owner, corporate or otherwise, of any interest in land in the Buena Vista Lakes Subdivision shall have a membership in the Buena Vista Lakes Maintenance Association, a non-profit corporation created for the purpose of owning and maintaining the lake, dam site, drive and other common areas, which membership is subject to the bylaws and other rules and regulations thereof. Such land owner shall have the right to the use of the lakes in the subdivision only so long as he is a member of said Association.

(2) No inboard or outboard motorboat having in excess of 51⁄2 horsepower shall be used on any lake in the subdivision. Each boat shall be plainly marked “B.V.” with the owner’s lot number, in order that all boats may be identified. Any boat without a lot number will not be permitted on the lake.

(3) The property herein conveyed is subject to an assessment by the Buena Vista Lakes Maintenance Association on an annual basis, when same is assessed, and thereafter for the same amount annually until changed by a majority of the total votes eligible to be cast by the members of the Association, such amounts to be used only for the maintenance of the lake, dam, dam site, drives and other common areas. Said assessments shall be due and payable as the Board of Directors shall determine, and if not so paid shall bear interest at the rate of 6% per annum from the due date until paid; such assessments shall be a lien on the property so assessed and collectible by proper action at law, or proceeding in Chancery, for enforcement of such lien.

(4.) No pier shall extend more than 15 feet out into the lake from the shoreline, except such piers that may be erected in lake access areas by the Maintenance Association.

(5) All residences in this subdivision shall have inside toilets. All septic tanks and septic tank fields must be constructed to standards of the Mississippi State Board of Health. No outside privies will be permitted. No septic tank field shall be allowed to drain into the lake.

(6) No failure or neglect on the part of the grantor or of any owner of lands embraced in said Buena Vista Lakes Subdivision to demand or insist upon the observance of any provision, requirement, covenant, limitation, restriction or condition herein contained or referred to or to proceed for the restraint of violations thereof, shall be deemed a waiver of such violation or operate as an estoppel to restrain a continuance thereunder; nor shall a waiver thereof, in any particular be deemed a waiver of any other default thereunder, whether of the same or of different nature: but any such provision, requirement, covenant, limitation, restriction or condition, may be enforced at any time, notwithstanding violations thereof may have been suffered or permitted theretofore.

(7) All lots in the subdivision will have a water service tap at the road property line and are subject to a water service charge by Trinity Water Company under its schedule of rates, terms and conditions no file with the Mississippi Public Service Commision. Any unpaid charge for water service shall be a lien on the property and collectible by proper action at law, or proceeding in Chancery, for enforcement of such lien, prorated between the parties.

Taxes for the year 19__ are to be _____.  Possession is given with delivery of this deed.

WITNESS our signatures this the __ day of , 19 __.

WALKEM DEVELOPMENT COMPANY OF MISSISSIPPI, INC. [ATTEST]

The rights and benefits of Trinity Water Company inure to the subsequent company or companies who service Buena Vista Lakes Subdivision, as Trinity Water Company is no longer the company providing water to the subdivision.

AMENDMENTS TO COVENANTS: 

Map of Subdivision