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Constitution and By-Laws of the FLOYD HILL PROPERTY OWNERS ASSOCIATION, INC.
May 2004
ARTICLE I – NAME
The name of the Organization shall be Floyd Hill Area Property Owners Association (FHAPOA).
ARTICLE II – PURPOSEA. The purpose of this organization is to take a proactive interest in the welfare, education, and civic matters of the property owners and residents. Civic matters include but are not limited to water quality and quantity, sewer/septic, the environment, roads and bridges, fire protection, noxious weed and pest control, security concerns (e.g. – vandalism, neighborhood watch programs, etc.), and others of concern to the whole community.
B. The Association will take a non-political position regarding educational guests, panels or Association programs. If it becomes necessary, equal time must be given to other views.
C. It is not the object or intent of this Association to endorse or sell products, promote any profession or business of any member, nor allow them to bring undue influence on the membership.
ARTICLE III – MEMBERSHIPRegular Member: Any citizen of good repute, 18 years or more of age owning a numbered lot or numbered lots in Hyland Hills, Tonn Development, Elmgreen Acres, and Saddleback Heights is eligible for membership. And will have all the privileges of running for office and voting.
Associate Member: Residents other than property owners shall be considered for membership upon application to the Association. Associate Members cannot hold office and have no voting rights.
Commercial Member: Commercial property owners shall be considered for membership upon application to the Association and will have all the privileges of a regular member.
A. Eligibility: An officer of the Association must be an active, currently paid member. An active member is one who has been a current member a minimum of six (6) months, has attended a minimum of three (3) Association meetings. Any officer or potential candidate for office who does not pay his/her dues on or before the January meeting will be declared out of office or ineligible to run for office.
B. Duties of Officers:
(1) President: It shall be the duty of the President to preside at all meetings, name all special committees, name the Chairperson of standing committees and perform such other duties as usually pertain to the office of the President He/She shall be a member ex-officio of all committees.
(2) Vice President: It shall be the duty of the Vice President to assist the President in his/her duties, to officiate in the absence of the President, and to perform other duties as usually pertains to his/her office.
(3) Treasurer: It shall be the duty of the Treasurer to:
· Receive, record, and deposit in the Association's depository bank all the Association money received from members and creditors. · Pay all bills against the Association approved by a majority of Officers. · Keep a record of the amounts and purposes of disbursements, taking proper vouchers for the various items thereof. · For the purpose of validating checks, the signatures of the President, Vice President and Treasurer must be certified to the depository bank. Two of the signatures shall be required for checks against the funds of the Association. · He/she shall, at such times as the Association may direct or require, present for examination all books, papers, vouchers, etc., that may be necessary for the proper auditing of accounts. · He/she shall present at each meeting a monthly “treasurers report” showing the condition of the funds of the Association. · He/she shall send out due bills and if deemed appropriate notify members when their dues are two (2) months in arrears.
(4) Secretary: It shall be the duty of the Secretary to keep correct minutes of all meetings and send out appropriate notices of all meetings. The Secretary shall also:
· File and keep all records and communications. · Keep accurate records of all Executive Committee votes, decisions, actions, and other official transactions that affect the financial solvency of the Association. · Maintain the current association membership and mailing list for all members and track dues payment. If provided, this list will include street address, phone number and email address. Communications to members should be efficient, timely and cost effective and make use of the best available technology. · Each January update the membership list as we receive membership dues for the new year and keep track of any members who are in arrears in dues in excess of three (3) months. · Attend to all appropriate Association correspondence. · Read at each meeting all bills and communications received or transmitted by the Association since the previous regular meeting.
5. Collectively: It shall be the duty of the Officers of the Association to work together in a timely manner to notify members of the association of matters arising in the community that could affect our lifestyles.
C. Election of Officers:
(1) At the first regular meeting in February open nominations shall be accepted in writing prior to said meeting from the membership, or in person at said meeting. All nominations shall require a seconded motion from an Association Member, this may be in writing or in person. If no nominations are presented the President shall appoint a Nominating Committee of at least five (5) members to nominate a slate of officers at the next regular meeting. The Executive Committee may extend open nominations until the March meeting if so desired by the majority of the Committee. In lieu of any open nominations the Nominating Committee shall make their report at the regular meeting in March. Should the Nominating Committee fail to nominate a full slate of candidates, then by a majority vote of members present at the meeting in which their report is read, the election may be put off by one month. (2) A report from the Nominating Committee, along with an official ballot, shall be mailed to each regular member of the Association at least fifteen (15) calendar days prior to the annual election, which shall be held at the first regular meeting in April. Ballots mailed out to each member may be returned to the Secretary prior to, or at the time of this election meeting. The election shall be by ballot. All ballots mailed in shall be counted and the ballots added to those cast at this meeting. (3) Vacancies: In case of a vacancy in any office other than that of the President, which shall be filled by the Vice President, at a regularly scheduled meeting all voting members shall nominate and elect a replacement.
(4) Tenure of Officers: All Officers of the Association shall hold office following their election for a period of one year, May through April, or until replaced. Any elected officer may succeed himself/herself in office, but his/her term shall not exceed a period of two (2) consecutive years.
ARTICLE V – MEETINGS
A. Regular meetings shall be held in January, March, May, July, September and November. If necessary, the President can schedule special meetings in-between regular meetings to address specific and/or urgent items. B. Any member can submit a request in writing to the President for a special meeting; however it must be signed by at least ten (10) members. It shall be the duty of the President to call a special meeting within ten (10) days from the date of such request.
ARTICLE VI – QUORUM AND VOTE
A meeting Quorum will consist of three of the four Officers and three other paid members in good standing. It shall be the duty of the Officers to direct the business of the Association and to present recommendations that would best serve its interests; to consider matters refereed to it by its members; to act on all matters of importance and to approve all expenditures of the Association monies. An action by the Board of Officers shall be binding on the Association.
ARTICLE VII - DUES
1. Regular and Commercial property owner’s dues shall be not less than $25.00 per calendar year per household or commercial property. Each household or business, which meets the qualifications as set forth in Article III, will be entitled to one (1) vote. Dues shall be payable on January 1st. of each year.
2. Associate Members dues will be one half of the regular membership dues.
3. The Board of Officers may adjust dues in the event of unforeseen costs to the Association.
ARTICLE VIII – VACANCIES
A vacancy shall exist whenever an elected officer is absent from 4 consecutive meetings with cause deemed sufficient by the elected Board of Officers.
ARTICLE IX – CHANGES TO THE BYLAWS Any paid in full member of the Association may submit in writing to the President a request for changes to the bylaws. The president shall present submitted changes to the membership at a regularly scheduled meeting. If the membership approves said changes, a vote of the entire membership shall be initiated. Changes to the Associations bylaws shall be by ballot. All dues paying Association members will receive a ballot either electronically or by mail, these ballots shall be returned to the Secretary prior to the due date shown on the Ballot. The ballot tabulations will then be presented to the Officers/ Executive Committee who will then present the results to the membership at a regularly scheduled meeting. ARTICLE X – MEETING RULES OF ORDER
1. Call to order 2. Reading and approving the minutes of the previous meeting 3. Reading communications and bills 4. Report of the Treasurer 5. Report of Executive officers 6. Report of Committee officers 7. Old business 8. New business 9. Adjournment
When not in conflict with the Association Bylaws, the rule of order set forth in “Roberts Rules of Order” shall govern the conduct and procedures used at all Association meetings.
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