Hallmark Shores Racquet and Residents Club, Inc.
By-Laws
March 19 , 2017
ARTICLE I - NAME AND PURPOSE
This association is incorporated and organized as a non-profit private entity under the laws of
South Carolina under the name of “Hallmark Shores Racquet & Residents Club, Inc.” located in
Lexington County, for the purpose of enforcing the restrictions and performing the duties in the
Agreement Deed dated 2/10/2000, Book 5644, Page 335 and establishing and maintaining
recreational and other neighborhood facilities for its members. This non-profit corporation and a
copy of its by-laws will be recorded with the South Carolina Secretary of State.
ARTICLE II - MEMBERSHIPS
Section 1 - The number of memberships issued by the association shall be limited to residents
and property owners as defined in ARTICLE III, Section 1. Fees will be determined by members at the annual meeting or an amount suggested by the Board of Directors and approved by the members.
Section 2 – Membership privileges shall be awarded only as outlined in ARTICLE III of these by-laws.
ARTICLE III - MEMBERSHIP AND RIGHTS THEREUNDER 2
Section 1 - No person or family group may be members unless they are residents
or property owners in Hallmark Shores or area specified as membership eligible. Persons eligible for membership include any person or family group that was a member in good standing as of March 3, 2017 and any person or family group that can provide evidence that they own property or reside in the Hallmark Shores subdivision developed by Lucius Porth. Acceptance of evidence will be determined by a simple
majority vote of the officers and Board of Directors. Areas that are included without question are:
All of East Circle Drive, all of West Circle Drive, all of Dogwood Lane, all of Tennis Court Lane, all
of Merry Drive, all of Valleydale Drive, all of Mallard Point, all of Beechcreek Circle, all properties
on the West side of Driftwood Drive, all properties on the North side of Beechcreek Road
between Hallmark Drive and Driftwood Drive, all properties on Panorama Drive up to the Porth
property and all properties on the South side of Beechcreek Road between Hallmark Drive and
Old Cherokee Road that can provide evidence of being in the Hallmark Shores subdivision.
Section 2 - No person or family group shall be an active member of the club unless first, they have paid their dues in the club, and agree to abide by the By-Laws and all rules of the club.
Section 3 - Each family group shall have the privilege in participating in all club functions and the
use of club facilities provided they are active members. Each such family group shall be entitled
to one vote at membership meetings.
Section 4 - Residents/Property owners who reside in Hallmark Shores and do not have deeded
access will have full use of the boat ramp facilities for as long as they maintain a full membership
in good standing in the HSR&R Club Inc. Those Country Woods residents/property owners, who
desire membership in the club will, after paying initial fees and annual dues, be granted membership.
This will entitle the holder to full use of the facilities and one vote at membership meetings on all issues with the exception of those issues specifically designated by the Officers and Board of Directors as “Hallmark Shores Homeowners Only”.
ARTICLE IV - DIRECTORS AND OFFICERS
Section 1 - The affairs of the club shall be governed by Directors and Officers hereafter referred
to as the “Board of Directors” or “Board”. The Directors and Officers shall serve without
compensation. At the discretion of the Board the Secretary Treasurer may be compensated
annually by an amount not to exceed their annual membership dues. Officers will normally serve
one year terms, however, additional terms may be served with the majority approval of the
membership in attendance at the annual meeting. All Directors with the exception of the
Executive Director of Homeowner Affairs, are elected for 2 year terms.
The Director of Homeowner Affairs is elected for a term of 4 years in accordance with Article XI.
It’s been our experience finding participation on the board has been difficult. Board members serve at their own accord.
Section 2 - The Directors shall be composed of five persons elected from the active membership.
One Director, Director of Homeowners Affairs, is a non-voting Director.
Section 3 - The Officers of the club shall be President, Vice-President and Secretary/Treasurer.
The officers shall be elected from and by the membership. The Officers shall take office the first
of March, following the annual membership meeting in February of each year. If for any reason
the annual meeting is delayed until after March 1, then they shall take office upon election.
ARTICLE V - POWERS AND DUTIES OF THE DIRECTORS AND OFFICERS
Section 1 - The Board of Directors in its Corporate capacity shall supervise, manage, and control
the affairs of the club and shall make necessary rules and regulations not inconsistent with the
law, the articles of incorporation, or these By-Laws. No Director in his individual capacity shall
attempt to deal with members of the club unless authorized to do so by the Board of Directors.
Section 2 - The Board of Directors shall hold its first meeting each year within one month
following the annual meeting of the membership. Thereafter, the Board of Directors shall meet at
its convenience, or call of the President or upon five days written notice given by a majority of the
board to each individual Director. However, the Board shall meet a minimum of two times per
year.
Section 3 - At all Board of Directors meetings a quorum shall consist of five voting members of
the Board and Officers and a majority of such quorum may decide any questions that come
before the meeting.
Section 4 - The Board of Directors shall appoint, from its own membership or other members of
the club, such committees as it deems necessarily desirable, to conduct studies and formulate
appropriate recommendations concerning various facets of the club’s affairs. Responsibility for
actions taken as a result of such studies and recommendations shall not rest on the committees
themselves, however, but shall remain unequivocally vested in the Board of Directors.
Section 5 - The Club shall not borrow any monies, sell, lease, or license any portion of The Club’s
common grounds or facilities (as described in Article IX, Section 3), approve any expenditures
exceeding $5000.00, or approve an increase of 25%, or more, of the operating budget without the
approval of the membership in accordance with Article VI, Sections 2, 3, and 5. No expenditure
of more than $250.00 shall be made from club funds without specific authorization of the Board
unless such items are a part of the operating budget approved and authorized by the Board of
Directors and approved by the membership. Expenditures for utilities, taxes, and emergency
repairs may be made without special Board approval.
Section 6 - The Board of Directors shall select one or more financial institutions to act as
depositories of the funds of the club and determine the manner of receiving, depositing, and
disbursing the funds of the club. All checks drawn against club for less than $500 will be signed
by the Secretary/Treasurer. Checks drawn against club funds for $500 or more are required to be
co-signed by the President.
Section 7 - The President shall be the chief executive officer of the club; and as such shall
preside at all meetings of the membership and of the Board of Directors; shall call special
meetings of the Board of Directors and of members of the club; shall perform all acts and duties
usually required of a chief executive, including appointing committee chairmen and insuring that
all orders and resolutions of the Board are carried into effect.
Section 8 - The Vice-President shall, in the absence of the President, assume all of the
responsibilities and perform all the other acts and duties usually required by the President.
Should both the President and Vice-President be absent from any meeting, the Directors shall
elect from their number a person to act as chairman of the meeting.
Section 9 –
A.) Duties of the Treasurer: The Treasurer shall have the responsibility of maintaining
bookkeeping for The Club, for receiving, depositing, and disbursing all monies in the name of The
Club in accordance with the provisions of the By-Laws, and for providing a current profit and loss
statement to the Board during its regular meetings, or to the membership during its annual
meeting or any special membership meeting called under Article VI, Section 2. In general, the
Treasurer shall perform all the duties consistent with the office of Treasurer of an association and
such other duties as may be assigned him by the President or The Board.
B.)Duties of the Secretary: The Secretary shall keep the minutes of all meetings of the Board and
the Membership. This shall include but not be limited to recording the outcome of all votes taken
with a quorum present, the names, and addresses of all Members, be the custodian of the
Corporate records, exhibit the records to any Member within fourteen (14) days of the receipt of a
written request from any Member, and in general perform all duties consistent with the office of
Secretary of an association, and such other duties as may be assigned by the President or The
Board.
Section 10 - The duties of the Secretary may, at the request of the Treasurer, and with the
approval of The Board, be assumed by another member of The Board. The Treasurer shall
remain as the Officer of the Board.
ARTICLE VI - MEETINGS
Section 1 - The annual meeting of the active members of the club shall be held during the month
of February for the purposes of electing Directors and Officers for the coming year and to conduct
other club business. The operating budget for the Club for the coming fiscal year shall be
presented by the Treasurer and approved by the membership at this meeting. The times and
places of these meetings will be designated by the President.
Section 2 - Special membership meetings may be called by the President, a majority of the
Board, or by the membership with a petition signed by at least 30% of the active members.
Should the President or the Board fail to act on a petition, the originators of the petition shall have
the authority to call and conduct the meeting. When any special membership meeting is called
the President, or the Board, or the petitioners (whichever will be conducting the meeting), shall,
within 14 days of the call, give written notice to the active membership of the time, place, and
purpose of the meeting, and post such notice on the Club’s website. The meeting shall be
scheduled not less than 14 days, nor more than 30 days, form the date of such notice. Such
meetings shall be held on weekends to optimize maximum participation of the membership.
Section 3 - The presence of at least 25% of the active membership shall constitute a quorum for
the transaction of business at any meeting of the Club. However, should the Club wish to borrow
monies, sell, lease, or license any portion of the Club’s common ground or facilities, approve any
expenditures of $5000.00 or more, approve an increase of 25% or more of the operating budget,
or amend the by-laws of the Club, the presence of at least 50% of the Membership shall
constitute a quorum. A two-thirds vote of the Membership is required to decide any matters
before the Membership that require a 50% quorum. If less than a quorum shall be in attendance
at any time for which a meeting shall have been called, such meeting may, after a lapse of at
least one half hour, be adjourned by a majority of the active members present. The adjourned
meeting shall be rescheduled in accordance with Article VI, Section 2.
Section 4 - All meetings held by the club shall be conducted under Robert’s Rules of Order.
Section 5 - Proxy votes shall be allowed at all meetings of the Club that require a 50% quorum of
the membership. Only one proxy may be assigned to an individual member for the purpose of
only one meeting. The proxy/voting card shall be numbered and registered by the Secretary.
The card shall contain:
-Member household name.
-A statement, “The undersigned authorizes the Secretary of the Club to vote on my behalf as
directed herein”
-a voting block
-signature line with date
-“return to” name and address
-“return not later than” date
Explanatory and supporting documents will be attached. Proxy/voting cards shall be included
with the written notice of any special membership meeting requiring a 50% quorum. The
Secretary will insure that all proxy/voting cards returned to him are registered and legitimate. The
Secretary shall vote the proxies only as directed therein.
Section 6 – Voting on matters that require a 50% quorum of the Membership shall be conducted
by secret ballot. It is the responsibility of the Board to ensure the integrity of any and all matters
requiring a vote by secret ballot. The Board shall inform the Membership at that meeting as to
the number of votes cast and the outcome of the vote. The results of the vote will also be
reflected in the minutes of the meeting.
ARTICLE VII - DUES AND ASSESSMENTS
Section 1 - The annual dues shall be determined by the Board of Directors. Dues must be paid
yearly, in advance, and are due by March 1 of each year. However, a 30 day grace period, from
the first day of March, shall be granted to all active memberships. A late payment charge as
established by the Board of Directors may be levied at its discretion.
Section 2 - Failure to pay dues as prescribed, shall result in suspension of privileges and
assignment to non-member status. Reinstatement requires a majority vote of the Officers and
Board of Directors. Any repayment amount required for reinstatement must be approved by a
majority vote of the Officers and Board of Directors.
ARTICLE VIII - SUSPENSION OR REVOCATION OF THE USE PRIVILAGE
Section 1 - The Board of Directors may deny the use of the club facilities to any person or family
group upon finding that he has violated the rules and regulations of the club or that such action is
necessary to carry out the principal purpose of the club as expressed in its Charter and
elsewhere in these By-Laws. It is the intent of this section that each member of the club shall be
responsible for the action of other members of his family group and for his guests.
Section 2 - Any person against whom action under this Article is contemplated shall be given at
least five days advance notice of the proposed action and shall be provided a reasonable
opportunity to be heard or be represented at the meeting of the board in which the proposed
action is to be initiated. Only upon written request of the alleged offender, unanimously concurred
by all Directors present at any meeting of the board, shall the five days’ notice be waived.
Section 3 - Denial of privileges to any person for more than two weeks shall be only by action of
at least 2/3 of the Directors at a meeting, the notice of which has included the proposed action.
Any person whose privileges have been permanently revoked by the Board may file a written
petition for a membership meeting for the purpose of reviewing the action taken by the Board of
Directors. The petition shall require the signatures of at least fifteen active members and the
notice of such membership meeting will include the fact that a petition has been filed for this
meeting. If a majority of the active membership voting at the meeting shall oppose the action of
the Board, the permanent revocation shall be declared void.
Section 4 - If the privileges of a family group are permanently revoked, all membership rights and
privileges in the club shall be terminated immediately.
ARTICLE IX - GENERAL
Section 1 - The books and accounts of the club shall be audited annually by an audit committee
appointed by the President. Any irregularities found by the audit committee shall be reported
immediately to the President and the Board of Directors. The report of the committee and other
results of the audit shall be made available to the membership at the annual meeting.
Section 2 - The fiscal year for the club shall be March 1 to February 28.
Section 3 - Visitors and Guests shall be admitted to the activities of the club when accompanied
by a member of the club. Bona fide house guests are deemed accompanied by a member for
