Name and Purpose
The name of this Club shall be
The Club. The Club and all its assets are owned by Legends In
Our Own Minds, a limited liability company (hereinafter referred
to as the "Owner"). Operation and management of the
Club shall be accomplished by a professional management company
(hereinafter referred to as the "Manager") to be retained
by the Owner. The Manager shall have the authority and responsibility
to operate the Club on a day-to-day basis in accordance with the
Bylaws. Members shall be entitled to the use of the Club's facilities
and receive other Club benefits but shall have no vested ownership
SECTION 1: Application for Membership
(a) All applications for membership
shall be made on the requisite form prescribed by the Manager.
Each application shall include the name of the applicant, address,
family and business information, and such other relevant information
deemed appropriate by the Owner.
(b) Members wishing to change membership from one category to
another may do so if a vacancy exists and upon supplemental application.
The Manager has the authority to accommodate the change of one
membership category to another at the request of a Member, and
to require payment of a transfer fee part and parcel to the supplemental
SECTION 2: Classes and Privileges
(a) The Manager, subject to prior
approval by the Owner and provided that no privileges of a then
current Member within a class of members are discriminatorily
adversely affected, shall have full power to establish, change
or terminate the various categories of membership; determine the
number of Members in each category, and dues to be paid by Members
in each category; the terms of admission, privileges and facilities
to be extended. Such power and authority is vested solely in the
Manager and Owner, and any representations concerning the subject
matter of this paragraph by any other person or entity shall not
have any effect and should not be relied upon.
(b) The following classes of membership are available:
I. Full Membership. Full Members shall be entitled to all the
privileges of the Club, including Golf, Hunting, Fishing and other
II. Corporate Membership shall be available in the Full, Social
and Non-Resident Membership categories, and designees shall be
entitled to the privileges accruing to each category. Corporate
Memberships shall conform to the guidelines in Section 3 of Article
(c) Privileges of membership shall be exercisable by the Member
and Member's spouse and unmarried children under the age of eighteen
( 18) and dependent children eighteen ( 18) or older who are full-time
(d) Each Member shall receive a Certificate of Membership or other
evidence of a right of membership as the Manager may establish.
SECTION 3: Corporate Memberships
Corporate Memberships shall be
available in the Golfing, Hunting, Fishing and other categories.
Each corporate membership shall be entitled to all privileges
accruing to the membership category. Corporate Memberships shall
be issued in the name of the corporation or firm owning the membership
and the rights and privileges thereunder are the property of the
corporation or the firm. All rights and privileges of a Corporate
Member shall be assigned to a directors, senior officers, and
executive of the corporation or firm. Such person(s) as shall
be designated for use of rights and privileges of the Corporate
Memberships shall be subject to the approval of the Manager. Each
corporate membership shall be assigned to one designee. Designees
may be changed upon written notification to the Manager of such
change by the Corporate Member .
SECTION 4: Dues and Assessments
Each Member, whether individual
or corporate, shall pay annually, in advance, the requisite dues
applicable to his membership. There shall be no assessments of
any kind or character ever levied against the membership, and
any increase in dues of over twenty percent (20% ) in any calendar
year must be approved by a majority of thevoting Members of the
SECTION 5. Transfer of Membership
Membership in the Club shall be
SECTION 6: Membership Meetings
(a) Annual Meetings. The first
annual meeting of the membership of the Club shall be held on
or before December 31, 2001. An annual meeting of the membership
of the Club shall be noticed and held each year thereafter, on
a day determined by the Manager.
(b) Special Meetings. Special meetings of the Club membership
may be noticed and held at any time by the Manager.
(c) Notice. A notice of any annual or special meeting to be held
shall be posted on the Web Site for the Members ten ( 10) days
prior to the time of such meeting and shall set forth the time,
place and general purpose thereof.
(d) Quorum. Fifty (50) Members shall constitute a quorum of any
meeting of Club Members.
SECTION 7: Termination of membership
Termination of membership shall
result in loss of the right to use the Club facilities and Web
site. Termination itself shall produce no penalty or cost to the
Member not existing at the date of termination.
(a) Resignation. Any Member desiring to resign from the Club may
do so upon thirty (30) days written notice and full payment of
all dues and charges remaining unpaid as of such date. Upon such
resignation, the Member's obligation for payment of dues shall
(b) Death. In the event of a Member's death, the surviving spouse,
if one, shall thereupon automatically succeed to all rights and
privileges of such membership without payment of any charge or
other fee by reason of such succession. Otherwise, the membership
may be treated as part of the deceased Member's estate.
(c) Expulsion. Any Member who, in the sole judgement of the Manager,
(a) is delinquent in the payment of his Club account, or (b) is
guilty of any violation of the Bylaws or rules of the Club, or
(c) engages in conduct which tends to be against the best interest
of the reasonable and fair operation of the Club, may be expelled
from the Club by an affirmative act of the Manager.
Board of Governors
SECTION 1: Founding Board of Governors
In the development stages of the
Club, the Owner shall select a group of people to serve as a Founding
Board of Governors. This group shall have all rights and privileges
of their member class after the Club has opened, and shall advise
and counsel the Owner on membership development. This group will
serve until the Board of Governors can be elected in the manner
described in this section.
SECTION 2: Number
On an annual date determined by
the Manager and approved by the Owner, the Members of the Club
shall elect from their number a Board of Governors for the Club
composed of not more than twelve ( 12) Members.
SECTION 3: Duties of the Board
The Board of Governors shall only
advise and counsel with the Manager on any and all items relating
to the conduct of Club affairs, including but not limited to the
(a) Membership admission policies;
(b) Design and functional arrangement of facilities and events;
(c) Advise policies, rules and other requirements for the State
and National Legends In Our Own Minds® Tournament;
(d) House rules and regulations, guest policies and normal operating
hours of the Club; and
(e) All policies relative to questions of conduct, expulsion of
Members, mode of dress, etc.
SECTION 4: Election
Any Member in good standing may
be elected to the Board of Governors. At the annual meeting each
Member seeking election to the Board of Governors must be nominated
from the general membership present at that meeting. The nomination
shall be seconded placing the Member's name on ballot for election.
Write-in candidates are eligible once nominated and seconded by
the membership. Only those Members present at the meeting may
vote with one vote per membership. Each ballot must have one vote
cast for the available positions on the Board of Governors. Only
one ballot will be given to each membership, No votes may be cast
after the designated time for removal of the ballot box.
SECTION 5: Term of Governors
Upon the initial election of the
Board of Governors, the one-third of those elected which receive
the highest number of votes shall serve for a term of three (3)
years, the one-third receiving the second highest number of votes
shall serve for a term of two (2) years, and the one-third receiving
the lowest number of votes shall serve for a term of one (1) year.
Thereafter, each Member of the Board of Governors shall serve
as such for a term of three (3) years. One-third of the Governors
shall be elected each year by the Members of the Club at the rotation
of Board members; a Governor who has served two successive three
(3) year terms shall be ineligible for re-nomination and re-election
until after the lapse of one (I) year from his time of retirement.
SECTION 6. Vacancies on the Board
Vacancies occurring on the Board
of Governors due to death, resignation or other reasons shall
be filled by appointment by the Board of Governors until the next
SECTION 7. Chairman of the Board
The Board of Governors shall select
a Chairman by a majority vote of its Members.
SECTION 8: Committees
The Chairman of the Board of Governors
may from time-to-time establish such committees composed of members
of the Board of Governors as he may deem reasonable to serve the
best interest of the Club. Other Members of the Club, in addition
to members of the Board, may also be appointed to such committees.
The function, tenure, number of committee members, etc., shall
be at the discretion of the Chairman of the Board of Governors.
An Election Committee shall be appointed each year by the Chairman
of the Board of Governors comprising two (2) members of the Board
of Governors who will serve as co-chairpersons. Other members
of the Election Committee may be selected from the general memberships.
It will be the responsibility of the Election Committee to nominate
candidates for election to the Board of Governors and to manage
the election procedure.
SECTION 1: Rules and Regulations
The operation of the Club and
the management of Club property shall be vested in every respect
of the Manager acting through its officers, directors, and appointed
staff pursuant to authority to be granted by the Owner. The Manager
is authorized and empowered to adopt, promulgate, and enforce
rules and regulations governing the use of the Club and other
Club facilities and every Member is subject thereto and shall
SECTION 2: Payment of Dues and
All dues and charges billed to
Members are due and payable in Austin, Texas. Each Member shall
pay his Club account promptly on receipt of the Club statement,
which is to be mailed monthly no later than the fifth day of each
month. A Member's account unpaid on the 25th of the month in which
statement received is considered past due and a service charge
equal to 1.5% of the past-due amount shall be assessed to the
Member's next statement. When the dues or any other indebtedness
of any Member of the Club shall remain unpaid for a period of
thirty (30) days from the due date, notice thereof may be posted
in the Club Web Site, and the Member shall be immediately notified
by certified mail of such posting, and membership privileges in
the Club for the Member and his family shall be suspended. IF
PAYMENT IS NOT RECEIVED WITHIN TEN (10) DAYS AFTER SUSPENSION,
THE PERTINENT FACTS SHALL BE CONSIDERED BY THE MANAGER AND APPROPRIATE
ACTION WILL BE TAKEN BY THE MANAGER, WHICH MAY INCLUDE EXPULSION.
SECTION 3: Liability Waiver
Any use of facilities at The Club
is done at the risk of the member or his guest, and the Club is
not liable for personal injury, theft or loss of personal property.
SECTION 4: Amendment of Bylaws
With the exception of Section
5, of Article II, these Bylaws may be amended at any time by the
management, subject to approval by the owner. Regarding amendments
to Section 5, Article 11, proposed by the Owner, the same must
be approved by the affirmative vote of a majority of the Members
of the Club at an official meeting of the membership.
Effective, as amended, this 5th
day of May, 2001.