Attach to Form 990 or 990-EZ.
Go to www.irs.gov/Form990 for the latest information.
| Return Reference | Explanation |
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| FORM 990, PART VI, SECTION A, LINE 4 | THE CLUB HAS MADE AMENDED THE FOLLOWING BYLAW AMENDMENTS: PREAMBLE THE MISSION STATEMENT DESCRIBES THE MISSION OF THE BOARD OF GOVERNORS. THE DESCRIPTION OF THE GOLF EXPERIENCE HAS BEEN CHANGED FROM "EXCEPTIONAL" TO "SUPERIOR". FURTHER, A PROVISION HAS BEEN ADDED TO MEMORIALIZE THAT THE CLUB'S BYLAWS WERE PREVIOUSLY AMENDED BY A GREATER THAN TWO-THIRDS (2/3) VOTE OF THE MEMBERS OF THE CLUB AT THE ANNUAL MEETING OF THE MEMBERS OF THE CLUB ON APRIL 2, 2019, AND HAVE BEEN FURTHER AMENDED BY THE BOARD OF GOVERNORS IN ACCORDANCE WITH ARTICLE IX OF THE BYLAWS. 2.1 PROVIDES THAT THE PRESIDENT SHALL HAVE THE AUTHORITY TO APPOINT ONE OR MORE MEMBERS OF THE CLUB TO SERVE IN A NON-VOTING, ADVISORY CAPACITY TO THE BOARD OF GOVERNORS FOR A TERM OF TWO (2) YEARS, INCLUDING BUT NOT LIMITED TO ONE (1) IN-STATE NATIONAL MEMBER AND ONE (1) OUT-OF-STATE NATIONAL MEMBER, AND SUCH APPOINTED MEMBERS SHALL BE ENTITLED TO ATTEND ALL MEETINGS OF THE BOARD OF GOVERNORS AND RECEIVE ALL INFORMATION PROVIDED TO THE FULL BOARD OF GOVERNORS. 2.2(D) PROVIDES THAT EACH REGULAR, JUNIOR, SENIOR AND NATIONAL MEMBER IN GOOD STANDING SHALL BE ENTITLED TO VOTE IN BOARD OF GOVERNOR ELECTIONS. 3.3 PROVIDES THAT THE FAILURE TO ATTEND THREE CONSECUTIVE MEETINGS OF THE BOARD OF GOVERNORS MAY SUBJECT AN OFFICER TO REMOVAL FROM OFFICE. 4.5(A) PROVIDES FOR THE MEMBERSHIP APPLICATION PROCESS TO BE CONDUCTED AS FOLLOWS: A PERSON DESIRING ADMISSION TO NATIONAL MEMBERSHIP MUST (I) SUBMIT AN APPLICATION FOR MEMBERSHIP; (II) BE PROPOSED IN WRITING BY A SPONSORING MEMBER (THE "SPONSORING MEMBER LETTER"); AND (III) OBTAIN LETTERS OF RECOMMENDATION FROM AT LEAST TWO ADDITIONAL MEMBERS. A PERSON DESIRING ADMISSION TO ALL OTHER CLASSES OF MEMBERSHIP MUST (I) SUBMIT AN APPLICATION FOR MEMBERSHIP; (II) OBTAIN A SPONSORING MEMBER LETTER; AND (III) OBTAIN LETTERS OF RECOMMENDATION FROM AT LEAST FOUR ADDITIONAL MEMBERS. ALL APPLICATIONS, ALONG WITH THE SPONSORING MEMBER LETTER AND ADDITIONAL MEMBER RECOMMENDATION LETTERS SHALL BE DELIVERED TO THE CLUB FOR TRANSMISSION TO THE MEMBERSHIP COMMITTEE. 4.5(B) PROVIDES THAT THE MEMBERSHIP COMMITTEE SHALL PROMPTLY POST A COPY OF THE SPONSORING MEMBER LETTER AND THE APPLICANT'S LETTERS OF RECOMMENDATION ON THE BULLETIN BOARD OF THE CLUB FOR AT LEAST TEN DAYS. 4.5(E) PROVIDES THAT A REGULAR MEMBER OR ANY NATIONAL OUT OF STATE MEMBER WHOSE MEMBERSHIP IS DEEMED AN EQUITY MEMBERSHIP MAY AT ANY TIME REQUEST THE BOARD OF GOVERNORS TO TRANSFER HIS OR HER MEMBERSHIP TO ONE OF HIS OR HER LINEAL DESCENDANTS. UPON SUCH REQUEST, THE BOARD OF GOVERNORS SHALL CONSIDER THE DESIGNATED DESCENDANT FOR MEMBERSHIP IN ACCORDANCE WITH THE BYLAWS AND, IF ACCEPTED, SHALL TRANSFER THE MEMBERSHIP OF THE DESIGNATING MEMBER TO SUCH MEMBER'S DESCENDANT UPON SUCH TERMS AS THE BOARD OF GOVERNORS MAY SET FROM TIME TO TIME. ANY TRANSFER OF MEMBERSHIP PURSUANT TO SECTION 4.5(E) SHALL CAUSE SUCH MEMBERSHIP TO CONVERT TO A NON-EQUITY MEMBERSHIP AND SHALL BE DEEMED TO HAVE RELEASED THE CLUB FROM ANY EQUITY OBLIGATION WITH RESPECT TO SUCH MEMBERSHIP. 4.5(G) PROVIDES THAT IF A SENIOR ASSOCIATE MEMBER SHALL REMARRY, THE SPOUSE SHALL MAKE APPLICATION FOR SENIOR MEMBERSHIP, BUT, IF ACCEPTED, SHALL PAY AN ADDITIONAL MEMBERSHIP FEE AS DETERMINED BY THE BOARD OF GOVERNORS. IF SUCH SPOUSE IS REJECTED THEN THE MEMBERSHIP OF SUCH SENIOR ASSOCIATE MEMBER SHALL THEREUPON TERMINATE. 4.5(M)(II) SUBSECTION (M) PROVIDES THAT A MEMBER WHO HAS BEEN A REGULAR MEMBER FOR AT LEAST TWENTY YEARS MAY BE INVITED BY THE BOARD FOR LIFETIME MEMBERSHIP STATUS. SUBSECTION (M)(II) PROVIDES IN SUCH A SCENARIO THAT AN INDIVIDUAL'S REGULAR MEMBERSHIP, IF IT IS DEEMED AN EQUITY MEMBERSHIP, MAY BE TRANSFERRED TO A LINEAL DESCENDENT WITH BOARD OF GOVERNOR APPROVAL OR SHALL REMAIN WITH THE CLUB UNTIL THE DEATH OF SUCH MEMBER AT WHICH TIME THE MEMBERSHIP SHALL BE TRANSFERRED IN ACCORDANCE WITH SECTION 4.5(E) OF THE BYLAWS. 4.5(N)(VI) PROVIDES THAT A SOCIAL MEMBER MAY ELECT TO CONVERT HIS OR HER STATUS TO A REGULAR MEMBERSHIP AND THE INITIAL SOCIAL MEMBERSHIP FEE REQUIRED TO BE PAID WILL BE APPLIED TO THE REGULAR MEMBERSHIP FEE. 4.6 PREVIOUSLY, THE BYLAWS CONTAINED PROVISIONS IN VARIOUS PLACES THROUGHOUT THE DOCUMENT WHICH WERE INCONSISTENT WITH EACH OTHER, LACKED COVERAGE FOR ALL SCENARIOS/CLASSES OF MEMBERSHIP AND REQUIRED CERTAIN SUBSTANTIVE CHANGES. ACCORDINGLY, ALL SUBSTANCE WITH RESPECT TO DISPOSITION OF A MEMBERSHIP UPON THE DEATH OF A MEMBER IS NOW CONTAINED IN SECTION 4.6 WHICH HAS BEEN RE-WRITTEN NEARLY IN ITS ENTIRETY. THIS SUBJECT MATTER HAS BEEN REMOVED FROM ALL OTHER SECTIONS OF THE BYLAWS. THE REVISED STRUCTURE ADDRESSES MEMBERSHIPS WITH A DEEMED EQUITY COMPONENT IN SUBSECTION (A) AND NON-EQUITY MEMBERSHIPS IN SUBSECTION (B). SUBSECTION (A) IS NECESSARILY MORE COMPLICATED. THE SUBSECTION PROVIDES VARIOUS OPTIONS AVAILABLE TO A MEMBER AT THE TIME OF HIS OR HER DEATH AND ADDRESSES CERTAIN RELATED MATTERS IN FIVE SUBSECTIONS, AS FOLLOWS: (1) DESIGNATION TO SHOAL CREEK FOUNDATION (2) DESIGNATION TO SURVIVING CHILDREN (3) DESIGNATION TO A SURVIVING SPOUSE (4) FAILURE TO DESIGNATE AN OPTION (5) RESERVATION OF RIGHTS IN FAVOR OF THE BOARD OF GOVERNORS TO APPROVE ANY DESIGNEE OF A DECEASED MEMBER. SUBSECTION (B) PROVIDES THAT THE SURVIVING SPOUSE OF ANY HOLDER OF A NON-EQUITY MEMBERSHIP SHALL BECOME AN ASSOCIATE MEMBER IF APPROVED BY THE BOARD OF GOVERNORS; OTHERWISE, THE MEMBERSHIP TERMINATES AT THE MEMBER'S PASSING. 6.1(B) & (C) PROVIDES FOR A PROCESS OF INVESTIGATING AND ADJUDICATING INSTANCES OF MEMBER MISCONDUCT, AS FOLLOWS: (A) THE BOARD SHALL HAVE RESPONSIBILITY OF ADDRESSING INSTANCES OF MISCONDUCT BY A MEMBER, A MEMBER'S FAMILY, OR A MEMBER'S GUEST. MISCONDUCT IS DEFINED AS A VIOLATION OF THE CLUB'S RULES; CONDUCT THAT THE BOARD OF GOVERNORS DEEMS COULD CAUSE HARM OR INJURY TO THE CLUB OR ITS MEMBERS, GUESTS, OR EMPLOYEES; OR OTHER CONDUCT THAT THE BOARD OF GOVERNORS DEEMS TO BE INAPPROPRIATE OR INCONSISTENT WITH THE CLUB'S EXPECTATIONS OF ITS MEMBERS. WHERE MISCONDUCT HAS BEEN SUSPECTED OR ALLEGED, THE PRESIDENT OF THE BOARD OF GOVERNORS, OR THE VICE PRESIDENT IF THE PRESIDENT IS NOT AVAILABLE, SHALL APPOINT THREE MEMBERS OF THE BOARD OF GOVERNORS TO INVESTIGATE. IF THE FINDING OF THE INVESTIGATION IS THAT THERE IS A REASONABLE BELIEF MISCONDUCT HAS OCCURRED, THE BOARD OF GOVERNORS SHALL INFORM THE AFFECTED MEMBER IN WRITING BY HAND-DELIVERY OR CERTIFIED MAIL. (B) THE NOTICE TO THE MEMBER SHALL EXPLAIN WHY THERE IS A REASONABLE BELIEF THAT MISCONDUCT HAS OCCURRED AND SHALL GIVE THE MEMBER THE OPPORTUNITY TO APPEAR BEFORE THE BOARD OF GOVERNORS TO ADDRESS THE FINDING OF A REASONABLE BELIEF OF MISCONDUCT. THE AFFECTED MEMBER SHALL BE GIVEN NOT LESS THAN TEN DAYS NOTICE OF THE OPPORTUNITY TO APPEAR BEFORE OR PROVIDE A WRITTEN RESPONSE TO THE BOARD OF GOVERNORS. THE FAILURE OF THE AFFECTED MEMBER TO APPEAR BEFORE THE BOARD OF GOVERNORS SHALL BE DEEMED A WAIVER OF THIS OPPORTUNITY. AFTER CONSIDERING THE FINDINGS OF THE INVESTIGATION AND INFORMATION PROVIDED BY THE AFFECTED MEMBER, IF ANY, THE BOARD OF GOVERNORS BY MAJORITY VOTE SHALL MAKE A FINDING OF MISCONDUCT OR NO MISCONDUCT. IF THE BOARD OF GOVERNORS CONCLUDES THAT THERE HAS BEEN MISCONDUCT, THE BOARD OF GOVERNORS SHALL ALSO DETERMINE THE APPROPRIATE PUNISHMENT FOR THE MISCONDUCT, WHICH MAY INCLUDE, BUT IS NOT LIMITED TO, A REPRIMAND, FINE OR RESTITUTION, SUSPENSION, OR TERMINATION OF MEMBERSHIP. ANY CONCLUSIONS BY A MAJORITY OF THE BOARD OF GOVERNORS SHALL BE FINAL. A FAILURE BY THE AFFECTED MEMBER TO ABIDE BY THE DECISION OF THE BOARD OF GOVERNORS SHALL BE GROUNDS FOR TERMINATION OF MEMBERSHIP. 6.3 PROVIDES THAT A RESIGNING MEMBER WHOSE RESIGNATION HAS BEEN AWAITING RECEIPT OF MEMBERSHIP FUNDS FROM A NEW MEMBER FOR SIX MONTHS OR MORE MAY, AT HIS OR HER OPTION (I) ELECT TO CEASE PAYMENT OF DUES AND FORFEIT THE RIGHT TO USE CLUB FACILITIES OR (II) ELECT TO UTILIZE ALTERNATIVE POLICIES AS MAY BE ESTABLISHED BY THE MEMBERSHIP COMMITTEE FROM TIME TO TIME. 7.2 PROVIDES THAT THE ANNUAL MEETING OF THE MEMBERS OF THE CLUB SHALL BE HELD WITHIN THE FIRST NINETY DAYS OF EACH CALENDAR YEAR AT A PLACE, DATE, AND HOUR SUCH AS THE BOARD OF GOVERNORS MAY DESIGNATE. 7.5 PROVIDES FOR A QUORUM AT A MEMBER MEETING TO CONSIST OF 20% OF THE REGULAR, JUNIOR AND SENIOR MEMBERS OF THE CLUB; PROVIDES THAT REGULAR, JUNIOR, SENIOR AND NATIONAL MEMBERS MAY VOTE AND THAT NO OTHER CLASSES OF MEMBERSHIP HAVE VOTING RIGHTS. |
| FORM 990, PART VI, SECTION A, LINE 6 | THERE ARE MEMBERS WHO HAVE EQUITY IN THE CLUB. |
| FORM 990, PART VI, SECTION A, LINE 7A | REGULAR, JUNIOR, SENIOR AND NATIONAL MEMBERS IN GOOD STANDING SHALL BE ENTITLED TO VOTE IN BOARD OF GOVERNOR ELECTIONS. |
| FORM 990, PART VI, SECTION A, LINE 7B | THERE ARE DECISIONS OF THE GOVERNING BODY THAT ARE SUBJECT TO APPROVAL BY MEMBERS/STOCKHOLDERS. |
| FORM 990, PART VI, SECTION B, LINE 11B | THE BOARD OF DIRECTORS REVIEWS THE FORM 990 BEFORE THE RETURN IS FILED. |
| FORM 990, PART VI, SECTION B, LINE 15 | THE CLUB PRESIDENT APPROVES ALL TOP MANAGEMENT/KEY EMPLOYEE COMPENSATION. |
| FORM 990, PART VI, SECTION C, LINE 19 | A COPY OF THE GOVERNING DOCUMENTS, CONFLICTS OF INTEREST POLICY, OR FINANCIAL STATEMENTS IS AVAILABLE UPON REQUEST FOR THE SAME PERIOD OF DISCLOSURE AS SET FORTH IN IRC SECTION 6104(D). |
| FORM 990, PART XI, LINE 9: | SPECIAL ASSESSMENT 444,740. INITIATION CONTRIBUTIONS 663,967. CAPITAL ASESSMENT 356,580. EQUITY MEMBERSHIP ISSUANCES 98,963. EQUITY MEMBERSHIP REDEMPTIONS -73,675. |
| FORM 990, PART XI, LINE 1 | SHOAL CREEK USES A MODIFIED ACCRUAL METHOD OF ACCOUNTING. |
| FORM 990, PART XII, LINE 2C | THE ORGANIZATION DID NOT CHANGE EITHER ITS OVERSIGHT PROCESS OR SELECTION OF THE INDEPENDENT ACCOUNTANT. |
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