Section 1, Certificates.
A membership certificate
shall be issued to each proprietary member and only to a
proprietary member. Each membership certificate, even though
issued in the names of a married couple, shall entitle the owner
to one vote. Membership certificates shall be in such form as
may be determined by the Board except and as prescribed by
Florida State Law. Membership certificates shall be fully paid
and non-assessable by any mortgagee of the Rocky Bayou Country
Club, Inc. Membership certificates may be assessed from time to
time to support RBCC plans, activities, improvements, and
disaster relief efforts by two-thirds majority vote of the
members present at a meeting of the proprietary members.
(Amended 11/21/95).
Section 2, Single Ownership.
No individual shall be
entitled to hold more than one membership certificate in the
Club. (Amended 11/21/95).
Section 3, Offer to Club.
Any membership
certificate owner, or the executor or administrator of any
deceased membership certificate owner, and/or the assignee of
any membership certificate sold on execution, who shall desire
to sell his certificate, shall request in writing that the
certificate be appraised by the Board. It shall be the duty of
the Board to perform this function. In appraising the
certificate, the Board will consider original purchase price,
market value, demand and assessments against the certificate.
This certificate owner shall thereupon offer the same in writing
to the Board for the use of the Club and the Board shall take
such membership certificate for the use of the Club at such time
as the member, executor, administrator, or assignee shall, upon
payment or tender to him of the appraised value, transfers and
assigns such membership to the Club. Memberships certificates
acquired by the Club as herein provided may be reissued at such
time and in such amount as the Board may determine, but only to
those persons who have been approved for membership to the
Club. In addition to the appraised value of the membership
certificate, each owner, executor, or administrator of the
deceased certificate owner, and/or the assignee of any
certificate sold on execution shall receive in full any moneys
tendered the Club specifically designated a “principal debt
reduction”, but not to include interest charges as of July 1,
1978.
Due to unforeseen
circumstances, should the RBCC not be in a financial position to
immediately tender payment for the membership certificate as
prescribed to its registered owner or to their estate, the
membership certificate will be tendered to the Club for holding
until resale is consummated or other funds become available at a
later date for proper payment to the registered owner or their
estate. A priority system for payment will be established,
based on tender dates, should multiple certificates be made
available to the Club at any one time. When the Club is unable
to redeem such certificate, the member will be relieved of dues
responsibility and will no longer be a member.
Section 4, Transfers.
A transfer of a membership
certificate from one person to another without payment to the
Club of the non-refundable initiation fee is reserved to
transfers within an immediate family. Any other transfer of a
membership certificate will require payment to the Club of the
non-refundable initiation fee prior to accepting the certificate
owner as a proprietary member of the Club. Any membership
certificate owner, or the executor or administrator of a
deceased membership certificate owner, who shall desire to sell
his certificate, shall file a statement in writing with the
secretary of the Club naming the proposed buyer. That proposed
buyer, unless already a regular member, shall then file an
application for membership in the Club, complete with required
recommendations by current members. The admissions committee
will review the application and recommend to the Board that the
proposed transfer be approved or disapproved. Upon approval of
the new member and upon satisfaction of all accounts with the
Club by the selling member, the seller’s membership shall be
canceled. Upon payment of the current non-refundable initiation
fee(s) to the Club and certificate fee(s), a new membership
certificate shall be issued to the buyer as a new member.
Regular memberships are not transferable by the member.
(Amended 11/15/94).
Section 5, Resignations.
Should the owner of a
membership certificate desire to resign and terminate his
affiliation with RBCC, such owner shall so advise the Board of
his intentions in writing through the Secretary. The effective
date of resignation will be considered to be the last day of the
month in which the letter was received. The membership
certificate shall accompany the letter of resignation and the
membership certificate is considered to be tendered without cost
to the Club.