Lake Rules and Regulations
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CLEAR CREEK LAKE MISSION STATEMENT:
The mission of Clear Creek Lake, Inc., is to maintain and improve the lake and its associated properties as areas for current members and future generations to reside, retreat, and fish.
DEED STATEMENT
AS A PROPERTY OWNER, THERE IS ALSO CONVEYED ALL OF THE FISHING RIGHTS AND PRIVILEGES ACCRUED TO THE PROPERTY OWNER (S) AS SET OUT IN THE CHARTER, BY-LAWS, RULES AND REGULATIONS OF CLEAR CREEK LAKE CORPORATION, GRANTEES HEREIN BY THE ACCEPTANCE OF THE DEED, AGREE AND BIND THEMSELVES TO ABIDE BY SAID BY-LAWS, RULES AND REGULATIONS.
CLEAR CREEK LAKE WAS SANCTIONED BY THE STATE OF TENNESSEE AS A CORPORATION, WITH RULES, REGULATIONS AND BY-LAWS ON MAY 22, 1940.
RULES ARE SUBJECT TO CHANGE AT ANY TIME, BY THE BOARD OF DIRECTORS PER THE CHARTER AND ARTICLE 7 OF THE BY-LAWS OF Clear Creek Lake, INC.
JUNE 2021 (Revision Date)
Rules and Regulations
Governing
Clear Creek Lake, Inc.
BY-LAWS
Of
Clear Creek Lake, Inc.
Adopted May 25, 1982
REVISED May 9, 2022
Rules and Regulations Governing
CLEAR CREEK LAKE, INC.
The lake and its members shall be governed by the following rules and regulations which have been reviewed by the lake attorney on August 5, 2021 and adopted by the Board of Directors, on June 5, 2021, pursuant to the authority contained within the by-laws and charter of Clear Creek Lake, Incorporated.
1.
MEMBERSHIP AND DUES
The fiscal year for Clear Creek Lake, Inc., shall be July 1 to June 30.
DUES: Dues shall entitle the member to the rights and privileges of the lake as outlined in the rules and regulations.
Membership dues shall be set by the Board of Directors, as needed to cover expenses for a safe and inviting property for all people to maintain, at its discretion.
Any member who has purchased one or more lots of lake property are liable for dues on each lot.
Dues become due and payable on July 1 of each fiscal year and delinquent thirty (30) days after that date. All lake privileges (use of lake, fishing, shelter and community center) will be suspended as of the date the dues become delinquent. These privileges will remain suspended until dues, liens and fees are paid in full.
When dues become thirty (30) days delinquent, a lien for the unpaid dues can be placed on the property. Attorney fees and court cost plus 1.5% per month interest shall be added to the amount of the lien.
The board will consider any and all extenuating circumstances.
2.
LAKE REGISTRATION
Members are NOT required to register to fish or be on the water.
PRIOR TO FISHING, GUEST MUST BE REGISTERED DAILY BY MEMBER,
with the name of the member and guest written on the register at the community center. Any altered, false or forged written information is in strict violation of the Rules and Regulations of Clear Creek Lake, Inc.
Members are responsible for their guest and their actions.
Any adult living FULL TIME with a member (s) whose name does not appear on the lake records as a property owner, does NOT need to be registered.
All guest(s), must be signed in to fish or be on the water for safety and insurance purposes.
Member(s) children and/or grandchildren who are living in the member(s) household, may have lake and fishing privileges without being registered by member.
No forgery is allowed.
Children or grandchildren of any member are NOT allowed to sign in a guest.
Member may not register more than six (6) guests at any one time, unless it is a family gathering. ALL guests should be registered regardless of age if fishing or on the water. This also includes using the community center and shelter events.
3.
WATERCRAFTS
THIS IS A FISHING LAKE. Member(s) has the right to place and use a fishing boat, kayak, canoe and/or paddle boat on the lake. Sailboats, flotation devices (i.e., inner tubes) sailboarding and paddle boarding are not allowed. Fishing pontoon boats (not to exceed 17 feet long) are permitted with trolling motor only.
No watercraft shall block a waterway when docked.
Each passenger, while in a watercraft, must have a life preserver accessible at all times per state law. Any child twelve (12) years or younger must have their life preserver on at all times per state law.
All watercrafts shall be kept secured at all times when not in use. Anyone under the age of sixteen (16) must be accompanied by an adult. Outboard motors are not allowed except by permission of the Board of Directors, and then only for the purpose of care and maintenance of the lake. Electric trolling motors are permitted.
The boat ramp located next to the shelter is the only authorized place to launch a boat from a trailer.
THE USE OF WATERCRAFT, IS NOT ALLOWED ON THE WATER BEFORE SUNRISE NOR AFTER SUNSET. No fishing before sunrise nor after sunset.
THERE SHALL BE NO BATHING OR SWIMMING IN THE LAKE.
4.
LITIGATION
No member shall bring any lawsuit for any damages against Clear Creek Lake, Inc. for any injury or accident that may occur to member or guest(s) on lake property. The Board of Directors shall not be involved in disputes or disagreements between members. Disputes/disagreements shall be settled between members with the exception of a member’s violation of rules, regulations and/or by-laws.
5.
FISHING AND RECREATIONAL BOATING
In order to maintain proper balance of the fish population, the size of the fish to be returned to the lake will be noted on signs placed at various locations around the lake. Frog hunting is not allowed.
The following fish must be returned to the lake:
*All striped bass, flathead catfish and grass carp regardless of size.
*Any bass less than 16 inches
*Any catfish less than 12 inches
*Any blue gill, red eared sunfish, and black crappie less than 6
inches
Guest(s), fishing on Clear Creek Lake, may keep up to 6 fish per day and must have a valid Tennessee fishing license as enforced by TWRA.
A days fishing is from sunrise to sunset. Night fishing and night boating is not allowed.
DOCKS/PIERS are considered personal property of the property owner and are allowed to be closed. Use of personal docks/piers is allowed with the property owners permission. Docks/piers are not part of the ten (10) foot easement. The (10) foot easement is earth, not docks/piers. If you do not want members and guest to fish from your dock/pier please put up a sign, rope or chain blocking the entrance.
Fish may be caught from the lake by use of fishing pole or rod and reel.
JUG FISHING is permissible for members with the following guidelines:
*May use up to ten (10) jugs at one time
*May jug fish daily
*Must sign the register at the community center before placing
jugs in the water.
*Property owner must be personally in attendance of jugs at all
times.
*Jugs will not be left in the water overnight
*Member may have guest(s) accompany them in the boat when
jug fishing.
*Throw nets or trot lines are not allowed.
*No guest is allowed to jug fish without a member with them.
*All jugs must be labeled with members name, address and phone
number per TWRA and Clear Creek Lake, Inc. rules.
STABILIZATION ROCKS: Please, no standing, walking, jumping or fishing from the bank stabilization rocks for your safety and preservation of the bank stabilization rocks.
6.
LAKE PRESERVATION
Nothing shall be intentionally thrown into the lake that would pollute its waters, disturb the bank stabilization and/or obstruct the inlet or the outlet in any way. This includes grass clippings, leaves and rocks.
FISH ATTRACTORS may be placed in the water only by approval from the Lake Standards Team, through a written application process. The application may be obtained by contacting any board member.
Please do NOT feed the fish, as there are enough nutrients in the water.
7.
PROPERTY OWNERSHIP
Two or more unrelated people may not purchase/own a lot(s) (excludes husband/wife and any immediate family).
A lot between two adjacent lots may be sold as two half lots to the adjacent property owners with each owner agreeing their half lot becomes part of their property and can never be sold separately. In addition, each owner of a half lot assumes the full annual lot fee assessed according to the original plat.
Right of ways and/or easements, historically known, must remain open at all times to allow property owners access to their property.
8.
FIREARMS USAGE
Discharging of firearms will be limited to shotguns, hand guns and rifles firing rat shot or bird shot and then only for the purpose of shooting muskrats. Duck and goose hunting is not permitted.
9.
TRAILERS AND RV’S
Trailer homes, mobile homes, travel trailers, RVs, mobile tiny homes and commercial businesses, including equipment, are not allowed to be placed on any lot(s) permanently. Any exceptions shall be presented to the board for approval.
Travel trailers and RV’s will be permitted to load and unload within a twenty-four (24) hour time period.
10.
GUEST(S)
No member shall rent or lease a lot(s), house or cabin. Guest(s) are allowed to stay in homes while the property owner(s) is away.
MEMBERS ARE RESPONSIBLE FOR THEIR GUESTS AND THEIR ACTIONS.
As a common courtesy please notify your neighbors that someone will be staying in your home. This action is concurrent with the neighborhood watch program around the lake.
11.
MEMBER RESPONSIBILITIES
It is the duty of every member, upon observing anyone violating the Rules and Regulations of Clear Creek Lake, Inc. or learning of any infraction, to report this to a member of the Lake Standards Team.
Clear Creek Lake Inc. is a fishing lake only. While working from home is permitted, visible, home-based businesses are not allowed. Homes are for residential use only.
12.
NUISANCES
No member nor guests shall be permitted to have anything on members property that would be a nuisance to other members such as junk vehicles, non-operable vehicles, disturbing or unrestrained pets, loud music, loud vehicles, loud mufflers, etc. All trash and scrap materials should be stored in a covered trash container. If a nuisance is reported, the Lake Standards Team will send out a certified letter to the member regarding the violation at which time the matter must be resolved within ten (10) days.
Vehicles, such as cars, trucks and motorcycles should be duly licensed, operable and registered with a Department of Safety. All violators will be subject to the towing of the vehicle at the owner’s expense.
If a petition of six (6) members is received by the lake standards team, a certified letter can be sent to the member regarding violation of the nuisance law, at which time the matter must be resolved within ten (10) days.
If the nuisance is not removed within that time, the Lake Standards Team will make arrangements for removal at the member’s expense. If the costs are not paid within thirty (30) days, a lien for the cost shall be placed on the property, attorneys’ fees and court costs, plus interest at the rate of 1.5% per month will be added to the amount of the lien.
13.
PETS
All pets shall be restrained outside the perimeter of the owner’s property. Underground/invisible fences are allowed with board approval. Each owner is responsible for the actions of their pet(s) and courteous of your neighbors, i.e., consistent barking of dogs and removing of pet waste. All pets will be on a leash when walking. (Refer to Rule 12)
The State of Tennessee has a leash law, which Giles County follows:
The owner of a dog has a duty to keep that dog under reasonable control at all times, and to keep that dog from running at large. A person who breaches that duty is subject to civil liability for any damages suffered by a person who is injured by the dog while in a public place or lawfully in or on the private property of another.
The owner may be held liable regardless of whether the dog has shown any dangerous propensities or whether the dog’s owner knew or should have known of the dog’s dangerous propensities.
“Owner” means a person who, at the time of the damage caused to another, regularly harbors, keeps or exercises control over the dog, but does not include a person who, at the time of the damage, is temporarily harboring, keeping or exercising control over the dog; and “Running at large” means a dog goes uncontrolled by the dog’s owner upon the premises of another without the consent of the owner of the premises, or other person authorized to give consent, or goes uncontrolled by the owner upon a highway, public road, street or any other place open to the public generally.
14.
PROPERTY MAINTENANCE
There is reserved unto Clear Creek Lake, Inc. and its members around the perimeter of the lake a ten (10) foot unobstructed easement across each lot adjacent to the shoreline in order for members and guests to pass from one lot to another to exercise the privileges of ownership and to further enable the proper maintenance of the lake. The ten (10) foot easement should be kept weed free.
In order to preserve the integrity of the lake, no outbuildings, garages, or other exterior structures shall exceed 650 square feet in size, unless approved by the Lake Standards Team and the Clear Creek Lake Board of Directors.”
Property owners must keep trash picked up, lawns mowed and weeds managed, on their land, otherwise a “clean up” fee will be assessed after written notification to property owner(s). This includes the ten (10) foot easement. This fee will be a MINIMUM of $100.00 per lot.
Any assessment for cleaning lots which is not paid within thirty (30) days shall constitute a lien on the property by Clear Creek Lake, Inc., with attorney fees, court costs and interest at the rate of 1.5% per month being added to the amount of the lien.
The owner of a wooded lot who receives notification may make a variance appeal to the lake Board of Directors. Any variance from this rule will be handled on a case-by-case basis.
Common areas are the responsibility of the lake. This shall be defined as the shelter, the peninsulas, community center, dam, spillway area and down at the creek.
15.
SUPERVISION
No member or guest will be allowed to bring children under the age of sixteen (16) and leave them at the lake without adult supervision. No other property owner will be responsible for unsupervised children.
16.
TRANSFER OF MEMBERSHIP
When a member sells a lot(s) or house, the Certificate of Membership, properly executed and notarized, shall be submitted to the Secretary of the Board for cancellation within fifteen (15) days of the date of sale. A new certificate will be issued to the purchaser which supersedes any previous certificate for that lot(s). This will transfer all lake and fishing privileges to the new owner. The previous owner is responsible for the payment of any unpaid dues and/or liens, penalties and financial penalties.
17.
BURNING
There shall be no open burning of trash, debris or any material hazardous to the environment on any personal property or lake owned property (shelter area, peninsulas or below the dam, community center).
Property owners MAY use grills, fire rings/pits or other controlled fire devises on their own property. Remember, when burning limbs, leaves or wood the property owner(s) must have a burn permit and instant access to a water hose. Property owners should also be mindful of environmental changes such as wind and be respectful of other property owners.
18.
PENALTIES
The penalty for any violation of the Rules and Regulations of Clear Creek Lake, Inc. is subject to a suspension of all rights, up to twelve (12) months or a permanent forfeiture for all lake rights and privileges or a monetary fine or both at the discretion and vote of the Board of Directors.
Exceptions to these rules may be considered by a majority vote of the board of directors. The board will consider any and all extenuating circumstances.
PLEASE REFER TO THE TEAMS TAB IN YOUR BINDER FOR FURTHER GUIDANCE, RULES AND REGULATIONS
BY-LAWS
OF
CLEAR CREEK LAKE, INC.
ARTICLE I
MEMBERSHIP
- MEMBER CERTIFICATES
Each member shall be entitled to a Clear Creek Lake Certificate of Membership in such form as prescribed by the Board of Directors. Unless otherwise decided by the board, such certificates shall be signed by the president and the secretary of Clear Creek Lake, Inc. No membership shall be transferable.
- QUALIFICATION OF MEMBERS
All members shall be property owners, or their spouses, residing full time with the property owner of one or more lots within the land area originally established by Clear Creek Lake, Inc., or any addition to said land area established thereinafter.
Article II
MEETING OF MEMBERS
- ANNUAL MEETING
The annual meeting of the members shall be held at such time and place, as designated by the directors. Unless the time is otherwise specified, said meeting shall be held during the third week of June, or as close thereto as possible.
- SPECIAL MEETINGS
Special meetings of the members may be called by the president, a majority of the board of directors, or by not less than one-fourth (1/4) of all the members entitled to vote at such meeting. The place of said meetings shall be designated by the directors.
Any member desiring to have a meeting of the board to discuss any specific issue, shall submit a written request, giving the reason for the meeting, to the secretary, who will notify the president and the Board of Directors.
- NOTICE OF MEETINGS
By the direction of the president, secretary, officer or member requesting a meeting, the following procedure shall be implemented:
A. Written notice of the place, day, hour and purpose shall be delivered by mail to each person entitled to vote. It shall be delivered not less than five (5) nor more than sixty (60) days before the date of the meeting.
B. If hand delivered, notice shall be presented not less than five (5) nor more than sixty (60) days before the date of the meeting. The person giving such notice shall certify that the notice has been received.
- QUORUM REQUIREMENTS
A majority of the members entitled to vote shall constitute a quorum for the transaction of business. If a quorum is not present, then meeting may be adjourned, and reconvened as a special meeting despite the absence of a quorum, or adjourned to another time and place. When a quorum is present at any meeting a majority in interest of the members there represented shall decide any question brought before such meeting, unless the question is one upon which, by the express provisions of this corporation’s charter these by-laws, or by the laws of the State of Tennessee, a larger or different vote is required, in which case such express provision shall govern the decision of such question.
- VOTING BY PROXY
Every member entitled to vote at a meeting may do so either in person or by written proxy. The proxy shall be filed with the secretary of the meeting before voting. Such proxy shall entitle the holder thereof to vote at any adjournment of such meeting, but shall not be valid after the final adjournment thereof.
ARTICLE III
BOARD OF DIRECTORS
- QUALIFICATION AND ELECTION
Directors shall be property owners, or their spouses, residing full time, with the property owner of Clear Creek Lake, Inc., and of legal age. They shall be elected by plurality of the voters cast at the annual meeting of the members. Each director shall hold office until the expiration of the term for which he or she is elected and thereafter until his or her successor has been elected.
- NUMBER
The number of directors shall be fixed from time to time by the members or by a majority of the entire board of directors. There shall never be less than five (5) nor more than ten (10) members on the lake board.
- MEETINGS
The annual meeting of the board of directors shall be held immediately after the adjournment of the annual meeting of the membership, at which time the officers shall be elected. The board may also designate more frequent intervals for regular meetings. Special meetings may be called at any time by the president, or any three directors.
- NOTICE OF DIRECTOR’S MEETINGS
Regular and called meetings shall be held upon notice sent by any usual means of communication not less than three days before the meeting.
- QUORUM AND VOTE
The presence of a majority of the board of directors shall constitute a quorum for the transaction of business. A meeting may be adjourned despite the absence of a quorum or adjourned to another time and place. A notice of an adjourned meeting need not be given if known and agreed. Upon and if the period of adjournment does not exceed thirty (30) days in any one adjournment. The vote of a majority of directors’ present shall act as the board, unless the vote of a greater number is required by the charter, these by-laws, or by the laws of the State of Tennessee.
- EXECUTIVE AND OTHER COMMITTEES
The board of directors may by a resolution adopted by a majority of its members, (1). designate an executive committee which may consist of two or more directors, and (2) any other committee of two or more members. They may/may not be directors and (3) may delegate any and all committees such authority as necessary, including the right to delegate to an executive committee the power to exercise all the authority of the board and the management of affairs and property of Clear Creek Lake, Inc.
ARTICLE IV
OFFICERS
- NUMBER
The corporation shall have a president, vice president, and a secretary (who can be a non-voting/non-board member, appointed by the president) and treasurer, and also such other officers, as the Board of Directors shall deem necessary. The office of secretary and treasurer may be one and the same person.
- ELECTION AND TERMS
The officers shall be elected by the board at its annual meeting. Each officer shall serve until the expiration of the term for which he or she is elected and qualified.
- DUTIES
All officers shall have such authority and perform such duties in the management of Clear Creek Lake, inc. as are normally incident to their offices and as the board of directors may from time to time provide.
ARTICLE V
RESIGNATIONS, REMOVALS, AND VACANCIES
- RESIGNATIONS
Any officer or director may resign at any time by giving a written notice to the president or secretary. Any such resignation shall take effect at the time specified therein or, if no time is specified, then upon its acceptance by the board. - REMOVAL OF OFFICERS
A. Any or all of the directors may be removed either with or without cause by a proper vote of the members and may be removed by a majority vote of the entire board.
B. Any board member who is absent from more than two (2) consecutive board meetings, without notification, to the secretary shall be automatically dismissed from the board.
ARTICLE VI
ACTION BY CONSENT
Whenever the members or directors are required or permitted to take any action by vote, such action may not be taken unless written notice is given to all board members at least five (5) days prior to the meeting.
ARTICLE VII
RULES AND REGULATIONS
The board of directors from time to time, as in their judgment may appear necessary and proper, shall promulgate such rules and regulations governing the management and operation of the lake, the appurtenances thereunto belonging, the sale, purchase and transfer of the lake lots adjacent thereto and the placing, of new construction, major renovations or structures thereon. Each action shall be approved by the lake standards team and the board of directors.
ARTICLE VIII
AMENDMENT OF BY-LAWS
These by-laws may be amended, added to, or repealed either by:
(1). A majority vote of the membership represented at any duly constituted membership meeting, or
(2). A majority vote of the entire board of directors. Any change in the by-laws made by the board of directors, however, may by amended or repealed by the membership.
CERTIFICATION
WE CERTIFY THAT THESE BY-LAWS WERE ADOPTED BY THE BOARD OF DIRECTORS OF CLEAR CREEK LAKE, INC., AT THE BOARD MEETING HELD ON JUNE 5, 2021.