\documentclass[letterpaper,twoside]{article}
% \usepackage[width=6in, height=10in, nohead, foot=12pt]{geometry}
\usepackage{graphicx} \usepackage[english,dutch,german]{babel}
%\usepackage{draftcopy} 
\usepackage{manglar}
% \chead{}
\cfoot{Bylaws of \acldm{} \hfill Page \thepage \ of
  \pageref{LastPage}}
\newcommand{\bfchange}[1]{\textcolor{red}{#1}}
\setcounter{secnumdepth}{6}
\setcounter{tocdepth}{6}
% \setlength{\parskip}{0pt}
% \renewcommand\theparagraph{\arabic{paragraph}}

\newcommand{\pararef}[1]{\P \thesection.#1 }
\newcommand{\pararefbox}[1]{\framebox{\pararef{#1} }}


\begin{document}
\begin{sffamily}

\begin{center}
  \Huge Bylaws of the \acldm{}\\
\end{center}
\vspace{12pt}
\parano{}
  \section{Bylaws}

  These Bylaws have been approved by the General Assembly of property
  owners, including all amendments up to and including \textbf{December 14,
  2010.} Any member who knowingly violates the \ldm{} bylaws
  and is so notified by the president or the board, but refuses to
  return to compliance within three (3) days of receiving such notice
  shall, from that day forward, no longer be considered a member in
  good standing. Such member shall not be eligible to hold office or
  speak at meetings.

  The association is constituted under the new Current Civil Code of
  the State of Jalisco. On April 22nd 1999, the United State of
  Mexico, SECRETARIA DE RELACIONES EXTERIORES, GUADALAJARA REGIONAL
  OFFICE – PA1.-37364 (Escritura Numero 3486) granted the \acldm{} the
  right to administer the whole of the urban development under the
  terms of the applicable Law.

  \section{Name}
  \begin{enumerate}
  \item The name of this Society is: \acldm{} de Chapala.
  \item The association shall have its address in the subdivision of
    \ldm{}, Municipality of Chapala, These are the Bylaws,
    the operating authority for the \acldm{}, in Jalisco.
  \item The life of the Association shall be indefinite.
  \item The Association will not engage in real estate investments for
    capital gain, nor will it engage in any other acts contrary to
    those allowed under Article 27 of the General Constitution of the
    Republic.
  \end{enumerate}


  \section{Object}
  \begin{enumerate}
  \item To take charge of Public Services such as water, sewage,
    public lighting, streets and sidewalks, security, public gardens
    and trees, garbage collection, and to assure that the recommended
    environmental practices are followed.
  \item To enforce all rules and regulations approved by the General
    Assembly.
  \item To co-operate with Municipal, State and Federal authorities
    recognizing that their legal mandates take precedence.
  \item To promote the betterment of \ldm{}.
  \end{enumerate}

  \section{Members}
  Membership in the Association shall comprise the following:
  \subsection{Active Member}
  \begin{enumerate}
  \item A person who owns one or more residential properties in \ldm{}
    who is not delinquent in the payment of his or her assessment or
    assessments to the Association is an Active Member.
  \item A person who owns one or more vacant lots in \ldm{}
    and who, with the approval of the Board of Directors, regularly
    uses water and/or other resources of the Association, who is not
    delinquent in the payment of his or her assessment or assessments
    to the Association, is an Active Member.

    An Active Member (or spousal partner) shall have the right to one
    vote (regardless of the number of properties owned) and shall have
    the right to hold office.
  \end{enumerate}


  \subsection{Associate Member}
  A person who owns one or more vacant lots in \ldm{}, who
  does not regularly use water or other resources of the Association
  may, by paying a reduced annual fee, become an Associate Member of
  the Association. Associate Members shall have the right to attend
  meetings, vote with reduced weight pro rata to the fee paid, but
  shall not have the right to hold office.

  \subsection{Delinquent Member}
  A member whose assessment or assessments remain unpaid for more than
  thirty (30) days from the assessment(s) date shall be deemed
  delinquent. Delinquent Members shall not have the right to vote
  (regardless of the number of properties owned) and shall not have
  the right to hold office.

  \subsection{Transference}
  Whenever a member transfers his/her property to another, he/she
  shall advise the Board within ten (10) days of such transfer and
  shall provide the prospective new owner with a copy of these
  Bylaws. The transferee must become a member of the Association.

  \subsection{Building}
  When a vacant lot owner decides to build on his lot, the owner must,
  if not already a member of the Association, become a Member upon
  approval of his approved building plans as specified in Section III
  ``Building Permit'' of the \ldm{} Zoning and Building
  Regulations.

  \section{Annual Assessment}
  Members shall pay the Annual Assessment as approved by the General
  Assembly. The Annual Assessment shall comprise the following
  elements:

  \begin{enumerate}
  \item Electric Power for street and public security lights
  \item Electric Power for the water and sewage treatment systems
  \item Garbage collection
  \item Gardener for public spaces
  \item Maintenance of the Association’s capital equipment and public
    facilities, e.g., well, pump, gate system, sewage processing
    system.
  \item Registration and Protocolisation of Meeting Minutes and
    Bylaws.
  \item Hororaria for special services as approved by the Board.
  \item Contingency fund for other miscellaneous Association expenses.
  \item Water Concession-C.N.A.
  \item General Maintenance of common spaces (streets, street lights, etc.)
  \item Accountant and banking fees
  \item Legal services as needed
  \end{enumerate}

\parano{}

  The Annual Budget and Annual Assessment must be approved by the
  General Assembly at its regular annual fourth quarter (December)
  meeting and must cover all of the anticipated expenses for the
  coming year as outlined in the Annual Budget.

  Members shall pay the Annual Assessment and any Special Assessment
  (when required) within thirty (30) days following receipt of the
  Notice of Assessment. \emph{It is each residents responsibility and
  obligation to pay all \fracc{} fees on time without requiring
  persistent reminding.}

  Notice of the annual assessment will be carried out via the
  procedure described in Section \ref{memberNotice}

   All Members are obligated to pay the Annual Assessment fees levied
  by the Association on a timely basis regardless of whether or not
  they choose to avail themselves of any or all of the services
  provided by the Association.

  \label{delinquent1} 
  Members shall be deemed delinquent if their
  account(s) remain unpaid thirty (30) days after date of receipt of
  invoice. \labelparno{d1}

  The Board of Directors is authorized to establish a past due
  interest rate of four percent (4\%) per month to be added to
  delinquent accounts until paid in full.

  The Board of Directors, as authorized by a special vote of the
  General Assembly, and after providing notice to the Delinquent
  Member of such intent, may assess the Delinquent Member an
  additional fee comprising the cost of the maintenance plus a
  surcharge of twenty-five percent (25\%) in order to maintain the
  overall acceptable appearance of the property.

  The Board of Directors is authorized and obligated to take whatever
  action is deemed necessary, including legal action to assure
  collection of delinquent accounts.

  The Board of Directors is authorized, always abiding by the relevant
  Mexican law, to restrict a Delinquent Member’s access to any or all
  Association services or facilities, including severely or totally
  restricting a Delinquent Member’s delivery of water from the
  Association’s main water lines.

  \label{delinquent2} Once a Delinquent Member’s water delivery has been
  officially restricted for non-payment of fees, before being
  re-connected to the Association’s water delivery system, all arrears and
  related expenses plus a water reconnection fee of not less than the
  New Construction Water Hook-up Fee referenced in Section VIII of the
  Association’s Zoning and Building Regulations shall be
  paid. Tampering with water delivery restriction devices will not be
  tolerated. \labelparno{d2}

  Subject to paragraphs 
  \ref{delinquent1}.\arabic{d1}  and \ref{delinquent2}.\arabic{d2}  
  above, if a
  delinquency remains unresolved for more than twelve (12) months
  following the date an official notice from the Board of Directors,
  advising the owner or his representative of the circumstances and
  consequences of not immediately correcting the delinquency, the
  Member’s name shall be struck from the rolls of the Association, and
  the property declared ineligible to receive any further Association
  services. Before being reinstated, the property owner applying for
  reinstatement of the ineligible property will be required to pay the
  full admission fees and deposits referenced in Section VIII of the
  Association’s Zoning and Building Regulations, plus, at the
  discretion of the Board of Directors, all outstanding delinquent
  fees plus costs and interest, including those due from the
  ineligible period.

  This \fracc{}’s environmental regulations are designed to
  protect our fragile environment, to maintain a high standard of
  sanitation and to improve the overall ambience of the
  \fracc{}. Unfortunately, there are those among us who choose
  to ignore these rules, and subsequently place the burden of clean-up
  and restoration on other Members. To encourage all Members and
  residents to abide by these rules, and to penalize those who choose
  to ignore these rules, the Board has approved the following fine
  structure: For violation of Bylaws 8, 9 and 10 of Article V of the
  Zoning and Building regulations, first offense, \$250 pesos; second
  offense \$500 pesos, third and subsequent offenses \$1,000 pesos,
  each payable within 5 days of notice.

  Owners of unimproved lots will be assessed an annual fee of \$1,000
  pesos.

  \section{Notice}

  \label{memberNotice}All members of the \acldm{} will be notified in
  one of the following three methods:

  \begin{enumerate}
\item 
  Via email the notification will be considered delivered unless
  the sender of the email receives a non-delivery notice within
  fifteen (15) days of the date the message was sent.
\item 
  Via regular mail if the \acldm{} member provides the secretary
  with a prepaid self-addressed envelope.  It is the responsibility of
  the member to make sure that enough envelopes are provided.  A
  digital photograph of the letter being handed to the local post
  office official will be taken, and the member will be considered
  notified after fifteen (15) days of the sending.
\item 
  Via a letter posted conspicuously on the property of the
  member.  A digital photograph will be taken of the posted notice, and
  the member will be considered notified after fifteen (15) days of the
  posting. 
  \end{enumerate}


This notification procedure will be used for Notices of Assessment,
meeting minutes, meeting agendas, and all official correspondence
between the \acldm{} and the member.

\subsection{Timing of Notices}

  Notice of the regular General Assembly meetings and any Special
  Meeting, including their proposed agenda, shall be provided to all
  Active Members at least fifteen (15) days prior to the proposed
  meeting date. Notice of Director’s meetings (to Directors and the
  Comisario only) shall be provided at least (5) days prior to the
  proposed meeting date.

  The Notice of Assessment shall be delivered to members during the
  first week of January following the General Assembly Meeting at
  which the Annual Budget and Annual Assessment were agreed.

  \section{Meetings}

  Regular General Assembly meetings shall be called twice yearly
  during the first half of each of June and December. Director’s
  Meetings shall be convened at least once per quarter, or more
  frequently as required at the request of the President or any two
  Directors. Special Meetings may be called by any Director at the
  request of a minimum of three Active Members or at the written
  request of the Comisario (Statutory Auditor).

  Meetings are not required to consider any matters not included in
  the respective notice.

  Supreme Authority of the Association resides with the General
  Assembly. All significant actions undertaken by the President and/or
  any other member of the Board of Directors on behalf of the
  Association must be approved by a quorum of Members.

  A quorum at the Regular and special General Assembly meetings shall
  be fifty (50) Percent of Active Members present in person, or via
  written proxy. If a full quorum is not present, after a ten (10)
  minute delay from the regular stating time, the registered voters
  present and official proxies shall constitute a quorum.

  If requested by a member who expects to be absent on the date of a
  meeting, an official written proxy will be made available to that
  member by the association President: it shall be numbered and a
  record kept as to when and to whom it was issued. This form will
  have a space in which the member may indicate, by reference to an
  item on the posted agenda for that meeting, how he or she wishes to
  vote. The proxy holder will act for the member for all other
  business conducted during that meeting.  No other proxy form will be
  accepted. No member may present and vote more than one [1]
  proxy. Solicitation of proxies is strongly discouraged.

  \label{quorum}A quorum at the Board of Directors shall consist of three (3)
  members of the Board. \labelparno{d3}

  No decisions shall be taken by the Board of Directors except at a
  regularly scheduled meeting at which a quorum is present and Minutes
  are taken.

  The Officers and Board of Directors shall be elected to one year
  terms at the December Annual General Meeting. The Board shall
  comprise five (5) Active Members, including President,
  Vice-President, Secretary, Treasurer, and Director at Large.

  Regular and Special General Assembly Meetings shall be conducted in
  accordance with the rules contained in the current edition of
  Robert’s Rules of Order, in all cases where they are applicable and
  not inconsistent with these Bylaws.

  The Order of Business at Regular and Special General Assembly
  Meetings shall be as follows:

  \begin{enumerate}
  \item Appointment by the President of a Registration Officer
    (normally the Secretary of the Association) who will register
    attending Members and proxies
  \item Call to Order
  \item Determination of a Quorum,
  \item Recess and re-call to order, if required, to constitute a
    quorum in accordance with \ref{quorum}.\arabic{d3} above
  \item Reading of the Minutes of the previous Regular General Meeting
    and, where applicable, Minutes of Special Meetings
  \item Treasurer’s Report
  \item Comisario’s Report (if applicable)
  \item Committee Reports (if applicable)
  \item President’s Report,
  \item General Assembly business as per Meeting Agenda, (Note:
    Nomination and election of Officers and Directors for the
    following year will be held at the November Regular General
    Assembly Meeting)
  \item Other Business
  \item Adjournment
  \end{enumerate}

  \section{Powers, Duties, and Obligations of Officers and Directors}
  \label{powers} 
  \subsection{The President}
  \begin{enumerate}
  \item Chair General Assembly, Special, and Board of Directors
    meetings,
  \item At the first Annual General Assembly Meeting, appoint a
    Comisario to serve for a one year term, (The Comisario may be a
    ordinary member of the Association)
  \item Approve all Association major expenditures,
  \item Prepare, with the assistance of Officers, the Annual Budget
    and Assessment to be presented at the November meeting,
  \item Approve and distribute Minutes of all meetings to the Members,
  \item Perform such other duties as customarily pertain to the Office
    of President.
  \end{enumerate}

  \subsection{The Vice-President}
  \begin{enumerate}
  \item Assist the President or Co-President in all matters and, in
    the absence of both, assume all duties of the Office of President,
  \item Preside over all sub-committees established by the Board of
    Directors,
  \item Approve all Association major expenditures.
  \end{enumerate}
 
  \subsection{The Secretary}
  \begin{enumerate}
  \item Keep a record of the proceedings of all meetings,
  \item Issue Notices of Meetings, With the President, prepare an
    Agenda for all meetings,
  \item Approve all Association major expenditures.
  \end{enumerate}

  \subsection{The Treasurer}
  \begin{enumerate}
  \item Supervise the collection of all moneys due to the Association,
  \item Maintain the financial records of the Association,
  \item Approve all Association major expenditures.
  \item Pay all Association Bills
  \end{enumerate}

  \subsection{The Comisario (Statutory Auditor)}
  \begin{enumerate}
  \item Exercise vigilance on behalf of the Members over the
    accounting records and the application by the Directors, of the
    Bylaws, Regulations and decisions of the General Assembly,
  \item Have the authority to suspend any motion or election by the
    Board for a period of thirty days,
  \item Attend Directors and other Meetings with a voice, but no vote.
  \end{enumerate}

\parano{}

  The President, Vice-President, Secretary and Treasurer shall have
  signing authority for the Association funds.

  All checks drawn on the Association shall require the signature of
  any two of the above officers.

  The fiscal year of the Association shall end on December 31st.

  Directors shall not receive any remuneration for their services.

  The Association agrees that the individual Officers and Directors
  shall be held harmless, and not subject to personal liabilities,
  while acting for the Association within Mexican Law and within the
  scope of these bylaws.

  The Board of Directors, as previously defined in \ref{powers},
  will have the power to represent and administer the business of the
  fracciamiento (in accordance with Mexican law), represent and
  administer in front of any class of legal entity be it
  administrative ,''laboral'', federal, state or local, and make
  contracts and pay bills subject to limitations in previous articles.

  \section{Use of Property}

    All \acldm{} individual properties are zoned for owner-occupied
  single family dwellings. The construction of multi-family and
  semidetached buildings, additional stand-alone casitas on a single
  lot, or subdividing an existing dwelling into two or more separate
  living units is \textbf{strictly forbidden.} 

  Occupancy of existing \textit{casitas,} is strictly for family members
  and non-paying guests of the owners.  The use of such
  \textit{casitas} as income producing property is \textbf{strictly
    forbidden.} Occupants of such units as of March 10, 2010 will be
  permitted to remain.  

  Should these provisions be violated, the owners will immediately be
  subject to punitive measures provided by Mexican law and by the
  rules of this Fraccionamiento such as revising the tax status of
  said property, and opposing the legality of the structures under
  Mexican zoning law.  Any costs of prosecution will be born by
  violator, In addition, any punitive measures allowed under the
  bylaws of the \acldm{} will be enforced, such as the suspension of
  use of the association owned water delivery distribution system. Short or
  long term leasing of an entire property to a single family renter by
  an absentee owner, for non-commercial occupancy, shall be permitted.

  Owners who lease their property to others must inform the rental
  agent, lessee or tenant of these regulations, in advance, and the
  lessee or tenant, whether or not so informed by the owner or rental
  agent, shall be obligated to abide by all of the provisions
  contained herein.

  The number of persons occupying any residential property as
  residents or tenants shall not exceed two persons per bedroom,
  infants and very young children excepted.

  In the event a Member’s property is leased or rented, and the
  Member’s account is in arrears by more than thirty (30) days, the
  Association shall have the right to demand full payment of the
  delinquent amount from the rental agent or tenant. 

  Members who wish to sell their property must first obtain a written
  release from the Board of Directors certifying that all fees and
  other obligations to the \fracc{} \acldm{} are fully paid and current.
  

  \section{Miscellaneous}


  The Association shall provide general liability insurance for all
  full-time workers, working in the common areas. Individual property
  owners shall be responsible for their own liability insurance on
  their own properties.

  Associate Members who elect to pay the full annual assessment fee
  shall have the right to utilize all of the services provided by the
  Association and to enjoy all of the privileges enjoyed by Active
  Members, including the right to a full vote and to hold office.

  These Bylaws and/or Zoning and Building Regulations may be amended
  at any Regular General Assembly Meeting by a two-thirds (2/3)
  majority vote, provided that the proposed Amendments have been
  submitted, in writing, with the Notice of such meeting.

  In order for all residents to enjoy this \fracc{} to the
  fullest, we require your co-operation with the following:

  \begin{enumerate}
  \item Dogs must be under the control of their owners at all times,
    and please scoop the poop.
  \item Any dog(s) who has/have been aggressive and deemed a threat to
    any member of the fraccionamiento or their pets shall be reported
    to the Board of Directors in writing.  The Board shall then notify
    the dog owner in writing that the offending dog(s) shall be
    leashed at all times when off the owner's property and within the
    boundaries of the fraccionamiento.  Failure to do so shall result
    in the Board of Directors, as a body, approaching the appropriate
    municipal authorities for relief.
  \item Enjoy your music and outdoor parties, however, you are obliged
    to ensure that you are not imposing on your neighbors at any time
    of day. If your music is loud enough to disturb others it is too
    loud. More specifically, playing music that disturbs neighbors
    after 10:00PM is strictly prohibited. Each violation is punishable
    by a fine of not less than \$1,000.00 pesos, nor more than
    \$10,000.00 pesos, and/or by termination of \fracc{}
    services, including household water delivery, for repeat offenses.
  \item Do not throw garbage or brush clippings on undeveloped lots or
    into the Arroyo. Household garbage is to be securely bagged and
    placed on the street for pick up on Tuesday morning.
  \end{enumerate}

\parano{}

  All \fracc{} dues and fees must be paid directly to the
  \fracc{}’s authorized representative, net of all costs or
  commissions. If a member elects to pay into court, or via any third
  party, the amount credited to his/her account shall be the actual
  final amount received by the \fracc{}, i.e., net of all costs of
  collection. The member is responsible for all legal and collection
  costs incurred by the \fracc{}.

  All payments will be credited to the oldest debt on record
  regardless of the paying preference or intent of the person making
  the payment. Members do not have the right to make selective
  payments. Current bills will not be credited unless and until all
  arrears, including interest, costs and penalties, have been fully
  retired.

  If an official, legal CURP receipt is requested, the person
  requesting it must have their own valid CURP and IVA will be added
  to the invoice.

  If a member files a suit against the \fracc{} and/or one of
  its officers or directors and does not win a clear court judgement,
  the member shall be obligated to pay all of the defendants legal and
  court costs.

  If the \fracc{}’s water meter is located on a member’s
  property, that member must permit the \fracc{} unrestricted
  access to the said meter and to the water lines on the
  \fracc{}’s side of the meter. If the member refuses to do so
  the member must, or the \fracc{} will, at the member’s
  expense, relocate the meter onto \fracc{} property.

 

\end{sffamily}
\end{document}