LAKE WATERFORD ESTATES
Bylaws
Every effort has been made to ensure the accuracy of this representation. The amendment has been placed within the appropriate area.
For official reference, please consult the original documents located at the following location:
LAURA E. ROTH | Clerk of the Circuit Court, Volusia County Florida
Book 8785 Starting Page 1940 Filed 11/26/2025 (Complete Bylaws with Amendments Refile)
Book 8639 Starting Page 3213 Filed 12/05/2024 (Complete Bylaws with Amendments Refile)
Book 8527 Starting Page 3736 Filed 03/08/2024 (Certificate Of Amendment To The Bylaws)
Book 6488 Starting Page 146 Filed 03/23/2010 (Certificate Of Amendment To The Bylaws)
Additions indicated by underlining
Deletions indicated by strike-through (—-)
Unaffected omitted language indicated by ellipsis (…)
CERTIFICATE OF AMENDMENT TO THE BYLAWS OF LAKE WATERFORD ESTATES, INC.
THIS IS TO CERTIFY THAT the Bylaws of Lake Waterford Estates, Inc. (“the Association”) are amended as set forth below.
WITNESSETH:
WHEREAS, the Association’s Declaration of Covenants, Easements, Conditions and Restrictions (“the Declaration”) was recorded on December 31, 1991 in Official Records Book 3717, Page 1007 et seq. and re-recorded April 2, 1993 in Official Records Book 3822, Page 1064 et seq. of the Public Records of Volusia County, Florida; and
WHEREAS, the Bylaws of the Association were not attached to the Declaration and have not been recorded in the Public Records of Volusia County, Florida; and
WHEREAS, Article XIII of the Bylaws provides that the Bylaws may be amended by a majority vote of the members present, in person or by proxy, at a regular or special meeting of the members; and
WHEREAS, proposed amendments were provided to the members of the Association in accordance with Section 720.306(1)(e), Florida Statutes (2023);
WHEREAS, at a duly noticed meeting of the members held on December 11, 2023, a majority of the members present at the meeting voted for and approved the proposed amendments to the Bylaws;
WHEREAS, a Certificate of Amendment to the Bylaws was recorded on March 8, 2024, in Official Records Book 8527, Page 3736 of the Public Records of Volusia County, Florida, and the approved amendments were inadvertently omitted from the certificate;
WHEREAS, a second Certificate of Amendment to the Bylaws was recorded on December 5, 2024, in Official Records Book 8639, Page 3213, but the wrong copt of the amended Bylaws was attached thereto; and;
WHEREAS, this Certificate of Amendment is recorded with the correct copy of the previously approved amendments to the Bylaws attched hereto..
NOW, THEREFORE, the Bylaws are hereby amended as set forth in the document attached hereto and these Amended Bylaws shall supersede any and all versions of the Bylaws recorded before this date..
IN WITNESS WHEREOF, the Association has executed this Certificate of Amendment this 26 day of November, 2025
| LAKE WATERFORD ESTATES, INC. | |
| WITNESSES: | |
| Hannah Cantrall Witness | By: John Hilland, President |
| Lynn A Wilkins Witness | Attest: Shawn P Winters, Secretary |
| Witness Address 340 North Causeway New Smyrna Beach, FL 32169 | |
| STATE OF FLORIDA COUNTY OF VOLUSIA | |
| Sworn to and subscribed before me this 26 day of November 2025 by JOHN HILLAND, President of Lake Waterford Estates, Inc., who is personally known to me or has produced as identification. | |
| (Seal) | NOTARY PUBLIC: HANNAH CANTRELL Commission #HH233581 Expires: June 5, 2026 |
AMMENDED BYLAWS
Of
LAKE WATERFORD ESTATES HOMEOWNER’S ASSOCIATION
ARTICLE I
NAME AND LOCATION: The name of the corporation is the LAKE WATERFORD ESTATES, INC. d/b/a LAKE WATERFORD ESTATES HOMEOWNER’S ASSOCIATION, INC., hereinafter referred to as the “Association”. The principal office of the corporation shall be located at 1940 Waterford Estate Drive, New Smyrna Beach Florida, 32168, but meetings of members shall be held at such places in the State of Florida as may be designated by the Board of Directors.
ARTICLE II
DEFINITIONS
Section 1. “Association”
shall mean and refer to the Lake Waterford Estates Homeowner’s Association, Inc., its successors and assigns.Section 2. “Properties”
shall mean and refer to that certain real property described in the Declaration of Covenants, Conditions and Restrictions, and such additions thereto as may hereafter be brought within the jurisdiction of the Association.Section 3. “Common Area”
shall mean all real property owned by the Association for the common use and enjoyment of the Owners.Section 4. “Lot”
shall mean and refer to any plot of land shown upon any recorded subdivision map of the Properties with the exception of the Common Areas.Section 5. “Living Unit”
shall mean and refer to any portion of a building situated upon the Properties designed and intended for use and occupancy as a residence by a single family.Section 6. “Owner”
shall mean and refer to the owner of record holding simple title to any Lot or Living Unit, whether one or more persons or entities, which is part of the Properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation.Section 7. “Declarant”
shall mean and refer to Lake Waterford Estate Homeowner’s Association and its successors and assigns if such successors or assigns should acquire more than one lot for the purpose of development.Section 8. “Declaration”
shall mean and refer to the Declaration of Covenants, Easements, Conditions and Restrictions applicable to the Properties recorded at the O.R. Book 3717, Page 1007, et seq. and re-recorded at O.R. Book 3822, Pages 1064 et seq. of the Public Records of Volusia County, Florida.Section 9. “Member”
shall mean and refer to those persons entitled to membership as provided in the Declaration.Section 10. “Secret ballot”
shall mean and refer to the voting ballot created by the Board of Directors for use at a meeting of the members where voting will take place. Ballots shall be used for election of directors or other vote on a sensitive or controversial issue for which members have indicated a preference for confidential voting.ARTICLE III
MEETING OF MEMBERS
Section 1. “Annual Meeting”.
The annual members’ meeting shall be held at a date, at the place and at the time determined by the Board of Directors from time to time, provided that there shall be an annual meeting every calendar year and, to the extent possible, no later than thirteen (13) months after the last preceding annual meeting. The purpose of the meeting shall be, except as provided herein to the contrary, to elect Directors and to transact any other business authorized to be transacted by the members, or as stated in the notice of the meeting sent to the members in advance thereof. All meetings shall be conducted under Robert’s Rules of Parliamentary procedures.Section 2. “Special Meetings”.
Special meetings may be called at any time by the President or by the Board of Directors, or upon written request of one half of the members eligible to vote.Section 3. “Notice of Meetings”.
Written notice of each meeting of the members will be given by, or at the direction of, the Secretary or person authorized to call the meeting at least 15 days before such meeting by one of the following methods:Section 4. “Quorum”.
A quorum is defined as the presence, in person or by proxy, at the meeting of at least 30 percent of those members entitled to cast votes at the meeting of the members. Except as otherwise provided in the Articles of Incorporation, the Declaration, or the Bylaws, decisions that require a vote of the members must be made by the concurrence of at least a majority of the voting interests present in person or by proxy at a meeting at which a quorum has been attained. If however such quorum shall not be present or represented at any meeting, the members entitled to vote thereto shall have power to adjourn the meeting without notice other than announcement at the meeting until a quorum as defined above shall be present or be represented.Section 5. “Voting”.
At a meeting off the members at which a will be taken, each member may vote by proxy or by secret ballot.A. Proxies
All proxies shall be in writing and filed with the Secretary. A proxy is revocable at any time by the member who executed it. A proxy is effective only for the specific meeting for which it was originally given, as the meeting may be lawfully adjourned and reconvened from time to time, and automatically expires ninety (90) days after the date of the meeting for which it was originally given. A proxy shall automatically expire upon the conveyance of the lot for which the proxy was submitted. An owner can give another owner no more than one (1) proxy for each lot the owner owns.
B. Secret ballots
1. Member present Member present at meeting. For members who are present and vote at the meeting, the secret ballot need not be placed in an envelope. Instead, the secret ballot may be submitted directly into the ballot receptacle at the meeting.
2. Member not present at meeting. For members who are not present at the meeting and submit their votes in advance, secret ballots must be placed in an inner envelope with no identifying markings and mailed to the principal office of the association or presented to a board member before meeting of members begins in an outer envelope bearing identifying information reflecting the name of the member, the lot or parcel for which the vote is being cast, and the signature of the lot or parcel owner casting that ballot. If the eligibility of the member to vote is confirmed and no other ballot has been submitted for that lot or parcel, the inner envelope shall be removed from the outer envelope bearing the identification information, placed with the ballots which were personally cast, and opened when the ballots are counted. If more than one ballot is submitted for a lot or parcel, the ballots for that lot or parcel shall be disqualified. Any vote by ballot received after the closing of the balloting may not be considered.
ARTICLE IV
BOARD OF DIRECTORS: SELECTION/TERM OF OFFICE
Section 1.
The affairs of the Association shall be managed by a Board of Directors. Five (5) directors shall be elected at the annual meeting. To change the number of directors, members shall vote on the new number at a special member meeting convened for this purpose. This special meeting shall take place before the nomination process begins. Once a new number of directors is decided by the members, that will be the number of directors until it is changed at another special meeting. In accordance with the Articles of Incorporation, the Board shall consist of no fewer than three (3) nor more than seven (7) directors.Section 2. “Term of Office”.
The directors of this Association shall be elected annually by the members and they shall hold office for one (1) year unless they shall sooner resign, or shall be removed, or otherwise are disqualified to serve.Section 3. “Removal”.
A Director may be removed from the Board, with or without cause by a majority vote of the members of the Association. Additionally, the Board may remove a Director for cause. In the event of death, resignation or removal of a Director, the current Board may;1) call a membership meeting and elect a new member to the board for the remainder of the term, or
2) with a unanimous vote of the members present in favor of not electing a replacement member, continue with remaining members of the Board.
Section 4. Compensation.
No Director shall receive compensation for any service rendered to the Association. However, any Director may be reimbursed for actual expenses incurred in the performance of duties.ARTICLE V
NOMINATION AND ELECTION OF DIRECTORS
Section 1. “Nomination”.
Any member may nominate himself/herself to be a candidate for the board. The number of board members to be elected shall be established as set forth in Article IV, Section 1 of these Bylaws. Nominations from the floor on the day of the meeting are not permitted. After nominations are complete, each participating member shall be entitled to one vote for each vacancy on the board. The nomination process shall begin at least 45 days in advance of the annual meeting by means of a written communication (mail or Email) from the board to all members. This communication shall indicate the intended number of board positions to be filled. Members shall have at least 15 days, but no more than 25 days, from the date the written communication from the board is sent to respond with their nominations.Section 2. “Tie Vote”.
If there is a tie vote, the new Board members will hold a run-off election within 30 days. If the candidates and the members present agree, the tie can be broken by a coin flip. Candidates that are tied have not been elected and cannot serve.ARTICLE VI
MEETINGS OF DIRECTORS
Section 1. “Regular Meetings”.
Meetings of the Board of Directors shall be open to all property owners and notices of meetings shall be posted in a conspicuous place on the Association property at least 48 hours in advance, except in emergency; provided that, written notice of any meeting at which assessments, or rules regarding the use of a parcel, will be considered, shall be provided to the owners by way of one of the methods set forth in Article III, Section 3, of these Bylaws and posted at a designated location in the subdivision not less than fourteen (14) continuous days prior to the meeting. Notice of any meetings in which assessments against parcels are to be established shall specifically contain a statement that assessments shall be considered and a statement of the nature of such assessments.Section 2. “Special Meetings”.
Special meetings of the Board of Directors shall be held when called by the President of the Association, or by a majority of directors. Special meetings will be held within 48 hours.Section 3. “Quorum”.
A majority of the number of Directors shall constitute a quorum for the transaction of business. Every act or decision done or made by a majority of the Directors present at a duly held meeting at which a quorum is present shall be regarded as an act of the Board.ARTICLE VII
POWERS AND DUTIES OF THE BOARD OF DIRECTORS
Section 1. “Powers”.
The Board of Directors shall have power to:(a.) Adopt and publish rules and regulations governing the use of the Common Area and facilities, and the personal conduct of the members and their guests thereon, and to establish penalties for infractions thereof.
(b.) The Board shall be able to suspend the voting rights of a member during the time any assessment against the members, Lot or living area, remains It may suspend for a reasonable period of time, the rights of a member or a member’s tenants, guests or invitees, or both to use common areas and facilities, and may levy reasonable fines, not to exceed $50 per violation, against any member or any tenant, guest or invitee.
(c.) Exercise for the Association all powers, duties and authority vested in or delegated to this Association and not reserved to the membership by other provisions of these Bylaws, the Articles of Incorporation or the Declaration.
(d.) Employ a manager, an independent contractor, or such other employees as they deem necessary, and to prescribe their
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. These shall include the following:
(i.)Minutes of all meetings of members and of the Board of Directors, kept in a businesslike manner and made available for inspection by property owners or their authorized representatives and Board members at reasonable times. These shall be retained for at least seven (7) years.
(ii.) The following records which shall constitute the official records of the Association and amendments:
• a copy of the Declaration of Covenants, Conditions and Restrictions and amendments thereto;
• a copy of the Articles of Incorporation;
• a copy of the plans, permits, warranties, and other items provided by the developer;
• a copy of the Bylaws of the Association and each amendment;
• a certified copy of the Articles of Incorporation and any amendments thereto;
• a copy of current rules and regulations;
• a book or books containing minutes of all meetings of the Association or Board of Directors;
• a current roster of all members and their mailing addresses, parcel identification and, if known, telephone numbers;
• a copy of all of the Association’s insurance policies;
• a copy of all current management agreements, leases or other contracts to which the association is party, or in which property owners have obligations or responsibility;
• accounting records, including separate records for each parcel in accordance with generally accepted accounting These shall be retained for seven (7) years, and be open for inspection by property owners or their authorized representatives at reasonable times. These records shall include but are not limited to the following:
• accurate, itemized and detailed records of all receipts and expenditures;
• a current account and periodic statement of the account of each property owner which designates the name, due date, amount paid upon account and balance due;
• all audits, reviews, accounting statements and financial reports of the Association; and
• all contracts for work Bids for work performed shall also be considered official records and shall be maintained for a period of one (1) year.
(b.) Supervise all officers, agents and employees of the Association and to see that their duties are properly
(c.) Manage the Association’s Dues and Assessments per Article
(d.) Issue or cause an appropriate officer to issue upon receipt of a legitimate request, a certificate setting forth whether any assessment has been paid. A reasonable charge may be made by the Board for the issuance of these certificates. If a certificate states an assessment has been paid, such certificates shall be conclusive evidence of such payment.
(e.) Procure and maintain reasonable liability and hazard
(f.) Cause all officers or employees having fiscal responsibility to be bonded, as it may deem
(g.) Cause the common area to be maintained, where
ARTICLE VIII
OFFICERS AND THEIR DUTIES
Section 1. “Enumeration of Officers”.
The officers of this Association shall be a President, Vice President, a Secretary and a Treasurer, who shall at all times be members of the Board of Directors, and such other officers as the Board may from time to time by resolution create.Section 2. “Election of Officers”.
The election of officers shall take place at the first meeting of the Board of Directors following each annual meeting of the members.Section 3. “Term”.
The officers of this Association shall be elected annually by the Board and they shall hold office for one (1) year unless they shall sooner resign, or shall be removed, or otherwise are disqualified to serve.Section 4. “Special Appointments”.
The Board may elect such other officers as the affairs of the Association may require, each of who shall hold office for such period, have such authority, and perform such duties as the Board may from time to time require.Section 5. “Duties”.
The duties of the officers are as follows:President
The President shall preside at all meetings of the Board of Directors and shall see that the orders and resolutions of the Board are carried out, and shall be empowered to sign all legal written instruments.
Vice President
The vice president shall act in the place and stead of the President in the event of absence, or inability or refusal to act, and shall exercise and discharge such other duties as may be required by the Board.
Secretary
The secretary shall record the votes, keep the minutes of all meetings and proceedings of the Board and of the members; keep the corporate seal of the Association and affix it to all papers requiring said seal; serve notice of meetings of the Board and of members; keep appropriate current records showing the members of the Association together with their addresses; and shall perform other duties as required by the Board.
Treasurer
The Treasurer or a “special appointee” (see Article VIII, section 4) shall receive and deposit in appropriate bank accounts all monies of the Association and shall disburse such funds as directed by resolutions of the Board of Directors; shall co-sign with another signing officer all checks and promissory notes of the Association; keep proper books of account; and shall prepare an annual budget and a statement of income and expenditure to be presented to the membership at its regular annual meeting; and deliver a copy of each to the members.
ARTICLE IX
COMMITTEES
The Board of Directors should appoint a Design Review Board, as provided for in the covenants of the Lake Waterford Homeowner’s Association.
ARTICLE X
RECORDS AVAILABILITY
The books, records and papers of the Association shall, by appointment, during reasonable business hours, be subject to inspection by any member, or by holders of first mortgages on any portion of the properties. Such records shall be retained in a storage area designated by the president of the association.
ARTICLE XI
DUES AND ASSESSMENTS
As more fully provided in the Declaration, each member is obligated to pay to the Association annual and special assessments that are secured by a continuing lien upon the property against which the assessment is made. A written notice of assessment will be sent to every Owner subject to assessment at least fifteen (15) days in advance of each annual or quarterly assessment period. Any assessments not paid when due, are delinquent. If the assessment is not paid within thirty (30) days after the due date, the assessment shall bear interest at the highest rate allowed by law per annum. The Association may bring action at law against the Owner personally obligated to pay the same or foreclose the lien against the property including interest. Costs and reasonable attorney’s fees of any such action shall be added to the amount of such assessment. No owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Area or abandonment of his Lot or Living Unit.
The Association may change the maximum and basis of the assessments providing that any such change shall have the assent of two-thirds (2/3) of the votes of members who are voting in person or proxy, at a meeting duly called for this purpose. Written notice shall be sent not less than 30 days or more than 60 days to all members in accordance with the Declaration. The notice shall set forth the purpose of the meeting and providing further that the limitations set forth herein shall not apply to any change in the maximum and basis of the assessments undertaken incident to a merger or consolidation in which the Association is authorized to participate under its Articles of Incorporation and under Article IX, Section 4.(d) of the Declarations.
ARTICLE XII
CORPORATE SEAL
The Association shall have a seal containing the words “Lake Waterford Estates, Inc.” d/b/a Lake Waterford Estates Homeowner’s Association” and may be in the form of a circular embossing seal or a legally recognized stamp, indicating that the organization is not for profit.
ARTICLE XIII
AMENDMENTS
Section 1.
These Bylaws may be amended at a regular or special meeting of the members by a vote of a majority of the Association’s members.Section 2.
In the case of conflict between the Articles of Incorporation and these Bylaws, the Articles of Incorporation shall control; and in case of any conflict between the Declaration and these Bylaws, the Declaration shall control.