The text of the River Walk ByLaws is shown below. They were amended in April 2015. There is also a printable version of the River Walk Bylaws in PDF (Portable Document Format).

BYLAWS OF RIVER WALK RECREATION ASSOCIATION, INC
ARTICLE I
NAME AND LOCATION
The name of this corporation shall be River Walk Recreation Association, Inc. (the “Corporation”) and
shall be located in Greenville County, South Carolina.
ARTICLE II
PURPOSE
The purpose and objective of the Corporation shall not be for business or profit, but shall be for the
establishment of an organization to promote the pleasure and general recreation of its members,
specifically to own and operate a recreational area.
ARTICLE III
GOVERNMENT
SECTION 1 – The Corporation shall be governed by a Board, fifteen (15) members in number, each of
whom shall serve without compensation until his successor is elected and shall qualify as provided in
these Bylaws.
SECTION 2 – At each annual membership meeting, the four (4) officers and ten (10) standing committee
chairpersons shall be elected. The officers and chairpersons plus the past president shall become
members of the new Board. The ten (10) standing committees are Architectural Controls, Clubhouse,
Grounds, Membership, Pool Operations, Swim Team, Publications, Safety, Social, and Tennis.
SECTION 3 – When any Board Member shall have three (3) consecutive unexcused absences from a
Board meeting, his office may be declared vacant by majority vote of the Board. Also, any Board Member
who shall cease to hold Active Membership in the Corporation automatically shall cease to be a member
of the Board.
SECTION 4 – Board members must be Property Members in good standing.
ARTICLE IV
BOARD
SECTION 1 – Consistent with these Bylaws, the Board shall:
a) Transact all Corporation business and make and amend rules and regulations for the use
of Corporation property. It may appoint and remove such officers, clerks, or agents as it
may deem necessary and may fix their duties and compensation. The corporation and
related organizations (e.g., swim team) shall not employ any person directly as an
employee.
b) Fix, impose and remit penalties for violations of these Bylaws and the Rules and
Regulations of the Corporation.
c) Fill any vacancy in the membership of the Board to serve until the next annual meeting
of Active Members. Any vacancy will be filled by confirmation by a majority of a quorum
of the Board as defined in Article IV, Section 4.
SECTION 2 – The Board shall select one or more banks to act as depositories of the funds of the
Corporation and shall determine the manner of receiving, depositing and disbursing those funds The
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Board may, from time to time, adopt financial policies concerning the funds of the Corporation, however,
at a minimum, the following requirements shall be met:
a. Payment of funds of the Corporation may be accomplished by any lawful means, including, but
not limited to, electronic fund transfer.
b. Only the Treasurer or President shall be authorized to sign or approve the transfer or expenditure
of the funds of the Corporation.
c. The expenditure or transfer of funds of the Corporation shall be only as authorized by the annual
budget adopted by the Corporation at its annual meeting, except in the case of an emergency.
SECTION 3 – Nothing in these Bylaws shall be construed to permit the Board to borrow or pledge the
credit of the Corporation without the specific approval of a majority of those Active Members attending
and voting at a duly held meeting.
SECTION 4 – The Board shall hold its annual meeting each year immediately following the annual
meeting of the membership. Thereafter, the Board shall meet at its convenience on call of the president,
or upon five days’ notice given by a majority of the Board to each individual Board member.
At all Board meetings a quorum shall consist of a majority of the members of the Board and a majority of
such quorum may decide any questions that may come before the meeting which is not otherwise limited
by these Bylaws.
SECTION 5 – All non-officers of the Board shall constitute the nominating committee. The Nominating
Committee shall present a roster of nominees for the Vice President/President-Elect, Secretary and
Treasurer and a roster of nominees for the Standing Committee Chairpersons to the membership at the
annual meeting.
ARTICLE V
OFFICERS
SECTION 1 – The officers of this Corporation shall be a President, Vice President/President-Elect,
Secretary, and Treasurer. The Vice President/President-Elect will become the President and shall hold
office until the end of the next annual membership meeting. The Vice President/President-Elect,
Secretary and Treasurer shall be elected annually by the Active Membership and shall hold office until the
end of the next annual membership meeting. An Assistant Secretary and Assistant Treasurer may be
appointed by the Board and hold office at its pleasure. The Assistant Secretary and Assistant Treasurer
shall not have voting rights at Board meetings unless they are an otherwise duly constituted Board
Member.
SECTION 2 – The President shall preside at the meetings of the Corporation and of the Board. The
President shall be the executive head of the Corporation and shall appoint, subject to confirmation by the
Board, any special committees. The President shall be ex officio, a member of all committees.
SECTION 3 – The Vice President/President-Elect, in the absence or disability of the President, shall act
in his stead. The Vice President/President-Elect shall be, ex officio, a member of all committees.
SECTION 4 – The Secretary shall send out the notices of the meetings of the Corporation and of the
Board, keep the minutes and attend to the correspondence pertaining to this office. The Secretary shall
be the custodian of the Corporate Seal, minute book and papers of the Corporation and shall perform all
duties pertaining to this office as may be required by the Board.
SECTION 5 – The Treasurer shall attend to keeping the accounts of the Corporation, collecting its
revenues and paying its bills as approved by the Board, or other agency authorized by the Board to incur
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them. The Treasurer shall deposit funds of the Corporation received in the name of the Corporation in
such depository as may be authorized by the Board. The Treasurer shall perform such other duties
pertaining to this office as may be required by the Board.
SECTION 6 – The President and Treasurer shall be bonded.
SECTION 7 – The Assistant Secretary and Assistant Treasurer shall perform such duties as may be
assigned them by the Secretary and Treasurer, respectively, or by the Board.
ARTICLE VI
MEMBERS
SECTION 1 – All members must comply with these Bylaws and with the Rules and Regulations of the
Corporation. Property Members must also comply with the Restrictive and Protective Covenants for River
Walk Subdivision.
SECTION 2 – An Active Membership shall be a Property Membership or Special Membership. In either
case an Active Membership requires the payment of the prevailing annual membership dues. Each Active
Membership shall entitle the holder thereof to use of the pool and other facilities of the Corporation,
subject to its rules and Bylaws. All Active Members of the Corporation, and permanent residents of the
Active Member’s household, shall be accorded use of the facilities of the association subject to the rules
and regulations which shall be posted. Any guest(s) of an Active Member will pay any required Guest Fee
as determined by the Board and must submit to all other rules and regulations as required.
SECTION 3 – A Pool Membership (non-voting) is one in which the holder thereof, having applied and
been approved for membership, acquires by purchase an annual certificate of membership properly
executed by the Board, agrees in writing to abide by the Bylaws and the Rules and Regulations of the
Corporation, and pays an annual fee to be set by the Board. The number of Pool Memberships acquired
in accordance with the Corporation Bylaws can be determined by the Board as required to fully pay for all
exiting or other necessary facilities required by future growth of the River Walk Community. Each Pool
Membership shall entitle the holder thereof only to use of the pool subject to the Bylaws and Rules and
Regulations. All Pool Members of the corporation, and permanent residents of the Pool Member’s
household, shall be accorded use of the pool only, subject to the rules and regulations which shall be
posted.
SECTION 4 – A Special Membership-Type 2 (non-voting) is available only to owners of lots in the
Avondale Heights subdivision and shall have use of all Corporation facilities. This membership shall not
have voting rights and shall be non-transferable.
SECTION 5 – In voting for officers, or any issue before a general or special called meeting, each Active
Membership shall be entitled to one vote.
SECTION 6 – The Corporation or the Board assumes no responsibility, and no members or guest, shall
have any claim against the Corporation or the Board, for accidents or injuries or for property damage of
said party, which may be brought into or left on the Corporation premises. In any event, no Board
Member, Director, Officer, or Trustee shall have any personal liability.
ARTICLE VII
ACQUISITION AND TRANSFER OF MEMBERSHIP
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SECTION 1 – Property Memberships are acquired in the Corporation by purchasing property (taking title
to the property) in River Walk except when a vacant lot is purchased by a builder/developer as provided
for in Section V, Paragraph 6 of the Restrictive and Protective Covenants for the River Walk Subdivision.
SECTION 2 – Annual Pool Memberships may be offered to non-property owners of River Walk, as
necessary, by the Board at an annual fee to be set by the Board.
SECTION 3 – A Special Membership is offered to each of three Holly Tree Addresses: 1213 Plantation
Drive, 1211 Plantation Drive, and 1209 Plantation Drive. Each Special Membership has use of all
recreation association facilities and voting rights. A Special Membership is transferable but will expire
when the current owner elects not to pay dues for a year, and cannot be reactivated after it expires for
that address. The annual fee for Special Membership will be the same as that for Active Members.
SECTION 4 – A Special Membership-Type 2 (non-voting) is available only to owners of lots in the
Avondale Heights subdivision. This membership may be acquired by application (available from the
Membership Committee chairman) and submitted, to the Board of Directors for approval. If approved, the
applicant must pay a one-time initiation fee of not less than $500, and annual fees not less than that paid
by River Walk residents, as established from time-to-time by the Board of Directors
SECTION 5 – Transfers:
a) All transfers of Pool Memberships must be approved by the Membership committee of
the Board.
b) An Active Member can only transfer their membership to the purchaser of their property.
c) Upon written notice to and approval by the Board, Active Members may temporarily
assign their membership privileges to renters in their homes, thereby relinquishing their
own rights of use thereunder during the period of assignment. The renters to whom such
assignments have been made shall be considered Active Memberships for all purposes
except voting during the period of assignment and may use the facilities accordingly.
During the period of assignment the Active Member (property owner) is responsible for
payment of dues and fees.
SECTION 6 – All Property Memberships shall have a restriction placed on their property for enforcing the
collection provisions of Article IX, Section 5.
SECTION 7 – All matters pertaining to memberships, transfers, or maintenance not otherwise covered by
these Bylaws shall be decided at the discretion of the Board.
ARTICLE VIII
MEMBERSHIP MEETINGS
SECTION 1 – The annual meeting of the Active Members of the Corporation will be held during the month
of April at a time and place to be designated by the Board. Notice of such meeting will be made and
mailed to the last known address or delivered to each Active Member at least five (5) days in advance of
the meeting.
SECTION 2 – Special Meetings of the Active Membership may be called upon five (5) days notice in
writing to the members of record given by the president, majority of the Board, or by the request from
20% of the Active Membership. The time, place, and purpose of such meeting shall be specified in the
written notice thereof.
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SECTION 3 – At a duly called meeting of the Corporation with Active Members in attendance, a majority
of those present or by proxy and voting shall be sufficient for the transaction of business.
ARTICLE IX
DUES AND ASSESSMENTS
SECTION 1 – The Board will recommend an annual authorized operating budget, for approval by majority
of the Active Membership attending the annual meeting, to include those essential maintenance, repair,
and operating costs required to insure the health and safety of the membership and those required to
conform with any state and/or local regulations. The operating budget can include an expense category
for the Capital Reserve Account. These aforementioned fees and moneys, on a pro rata basis, shall
constitute the annual dues. Any increase to the annual dues cannot exceed 10% per year of the existing
dues.
SECTION 2 – Any moneys remaining in the Operations Account, known as the Operations Surplus, shall
be transferred into the Capital Reserve Account for future capital improvements, major repairs,
acquisitions, or debt retirement as defined in Article X.
SECTION 3 – The annual dues must be paid in full by May 1 for the fiscal year that began on May 1. The
payment of the full annual dues is the responsibility of the Active Member who owns the property on May
1. Any prorating of the dues will be the responsibility of the owner at the time of the sale of the property.
In the event that the dues have not been paid at the time of closing, the new owner will be responsible for
paying the entire annual dues before they are given privileges of Active Membership.
SECTION 4 – Any assessments for non-budgeted items, and items which may include capital
expenditures, must be presented for approval by majority vote at membership meetings as defined by
Article VIII.
SECTION 5 – Annual dues and assessments consistent with these Bylaws shall be levied against each
Active Membership. These dues and assessments shall be a levied upon all lots or portions of lots
owned by the Active Member in connection with his residence. Any dues and assessments not paid
within thirty (30) days after the due date will be increased by 10% of the annual dues each calendar
month or part thereof that they are delinquent. (For example: If the annual dues are $320.00 and are
due on May 1, a member would owe $352.00 on June 1. On July 1, the member would owe $384.00,
etc.) This penalty shall accrue each month until the amount due is double the annual dues. No Active
Member may waive or otherwise escape liability hereunder by the non-use of the facilities of the
Corporation or abandonment of said membership.
As further clarification, when the property owner takes title from the builder, the property owner shall pay
a proportional share of the assessment in effect for that year, which partial assessment shall be due and
payable at closing. With respect to individuals (non-builder/developer) who purchase lot(s), when such
individuals take title to the lot such individual shall pay a proportional share of the assessment in effect for
that year, which partial assessment shall be due and payable at the time the title is taken.
The Corporation shall have the right to suspend the voting rights and right to the use of the recreational
facilities of an Active Member for any period during which any dues or assessments remain unpaid. In
addition, the Corporation shall have the right to enforce by any preceding at law or in equity all
restrictions, condition, covenants, reservations, liens and changes now or hereafter imposed by the
provisions of this instrument. In the event of non-payment of any dues or assessments as set forth
herein, the Corporation may bring an action at law against the Active Member personally obligated to pay
same or foreclose a lien against the property in the same manner that a real estate mortgage is
foreclosed and interests, costs and attorneys fees shall be added to the amount of such dues and/or
assessments. The lien of the Corporation against the property must be established by, and shall be
effective from the time of filing of, a Notice of Lis Pendens in the office of the Clerk of Court of Greenville
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County. Failure by the Corporation, or any owner, to enforce any covenant or lien herein contained shall
in no event be deemed a waiver of its right to do so.
The lien of the dues and assessments provided for herein shall be subordinate to the lien of any
mortgage, lien of laborers, contractors or materialmen furnishing labor and materials in connection with
the construction of improvements located on said property, unless prior to the filing thereof Notice of Lis
Pendens has been filed by the Corporation for foreclosure due to nonpayment of its dues and
assessments. Sale or transfer of any residence shall not affect the dues and assessments lien; however,
the sale or transfer of any lot pursuant to foreclosure of a mortgage or materialmen’s or mechanic’s lien or
any proceeding in lien thereof shall extinguish the lien of such dues or assessment as the payments
which became due prior to such sale or transfer unless prior to commencement of said action a Notice of
Lis Pendens has been filed by the Corporation as set forth above. Nothing herein shall affect the right of
the Corporation to enforce the collection of any charges that shall become payable after the acquisition of
title by a subsequent bone fide purchaser for value.
SECTION 6 – In addition to any annual or other assessment provided by these Bylaws, a special
assessment may be assessed against any member who has been found to be in violation of these
Bylaws by the Board of Directors in accordance with the provisions of Article XI herein below. Such
assessment shall be in the amount as determined by the Board of Directors sufficient to ensure
compliance with these Bylaws, and to pay the Corporation’s damages, if any, plus the Corporation’s
attorney fees and costs.
ARTICLE X
REVENUE CLASSIFICATIOIN AND REVENUE USE LIMITATION
SECTION 1 –
a) Capital revenues shall consist of 1) interest on bank deposits of capital funds, 2) any
capital assessment voted by the membership, and 3) funds deposited into the capital
reserve accounts as covered by Section 4 of this Article.
b) Operating revenues shall be annual dues collected from Active and Pool Members,
interest on bank deposits of operating funds, guest fees (including clubhouse and pool),
vending machine receipts and revenues from all other sources.
SECTION 2 – Operating costs shall be defined as those necessary to operate and maintain the physical
facilities for the safe and convenient use of the membership. Such costs shall be under the jurisdiction
and control of the Board exclusively. These costs shall be included in the annual operating budget from
which the annual assessments are determined at the beginning of each fiscal year.
SECTION 3 – The Board shall be responsible for determining the need for making expenditures from
the capital reserve account funds, but will be limited to the total amount approved at the Annual Meeting
for the fiscal year plus 25% for contingencies, unless additional amounts are approved at a Special
Meeting of the Active Members. .
SECTION 4 – Moneys deposited in the Capital Reserve Account shall be used for future capital
improvements, major repairs, acquisitions, or debt retirement.
Additional capital reserve accounts may be established for a specific identified purpose. Revenues may
be deposited into the “specific” reserve account by the transfer of revenues from the capital reserve
account or from the debt retirement capital account as defined by Article X, Section 1(a), or revenue
received as the result of a special assessment.
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ARTICLE XI
SUSPENSION AND REVOCATION OF MEMBERSHIP
SECTION 1 – The Board may deny any individual the use of the Corporation facilities upon defining that
said individual has violated the Bylaws or rules and regulations of the Corporation or has abused the
Corporation property.
SECTION 2 – Any individual against whom action is taken under this Article shall be given at least five
(5) days advance notice of the proposed action and shall be provided an opportunity to be heard at the
meeting of the Board.
SECTION 3 – Denial of Corporation facilities to any individual for more than two (2) weeks shall be only
by action of at least two-thirds of the Board Members at the meeting called for that purpose. Any
individual whose privileges have been permanently revoked by the Board may file a written petition for an
Active Membership meeting of the purpose of reviewing the Board action. The petition shall require the
signature of at least twenty (20) Active Members of the Corporation, and the notice of the active
membership meeting will include the fact that a petition has been filed for this meeting. If a majority of the
Active Members voting in person or by proxy at this meeting shall oppose the action of the Board, the
permanent revocation shall be declared void.
SECTION 4 – Anything in this article to the contrary notwithstanding, the Board may suspend, or may
delegate to an appropriate committee or person the power to suspend for periods not exceeding one (1)
week, any person under twenty-one (21) years of age found violating the regulations of this Corporation.
Should the occasion warrant, such suspension may be made immediately and without hearing, then it
should be the obligation of the person making the suspension to contact the parent or person accused of
the offense and provide them with an opportunity to have a hearing on behalf of the minor child involved.
ARTICLE XII
MISCELLANEOUS
SECTION 1 –
Full and complete disclosures of their activities relative to the operation of the Corporation shall be made
by committee to the Board and by the Board Members to the membership at the annual meeting of the
Corporation.
SECTION 2 – All alcoholic beverages and food consumed on the property of the Corporation shall
conform to current state and local regulations.
ARTICLE XIII
AMENDMENTS
The Bylaws may be amended at any regular or Special Meeting by two-thirds majority of those Active
Members present or by proxy and voting as herein provided. All Active Members on record shall be given
not less than five (5) days notice of any meeting called for this purpose, which notice shall include any
proposed amendments to the Bylaws