[Name] HOMEOWNERS ASSOCIATION, INC. BYLAWS

Transcription

1 [Name] HOMEOWNERS ASSOCIATION, INC. BYLAWS Note: The use of the word "Association" in these bylaws shall be construed to mean [name]. The word "Board" signifies all Officers and Trustees. The words "General" and "Regular" are synonymous when used in conjunction with the word "meeting." ARTICLE I. NAME AND PURPOSE Section 1. The official name of the organization is Homeowners Association, Inc. The Homeowners Association is a not for profit Corporation, organized under the laws of the state of Florida and subject to Chapter 723, Florida Statutes. The articles of incorporation of the Association were approved by the Secretary of State of Florida on [date] and were assigned Document number. The purpose of this organization is to work for the good and welfare of all members, and serve as a liaison between Park Management and members of the Homeowners Association. Section 2. Park Management shall have no responsibility in relationship to this Association and no management employee, with administrative and/or supervision authority, shall serve on the Board of Directors. ARTICLE II. MEMBERSHIP Section 1. All individual homeowners with a legal title to a dwelling are eligible for membership in the Association. (A mortgage constitutes legal title for purposes of membership). Section 2. Membership in the Association is on an annual and individual basis. No more than two (2) memberships per dwelling are to be permitted, except for multiple owners. Section 3. Annual dues shall be $.00 per member due and payable by Jan. 31 of each calendar year. The fiscal year shall be through of each calendar year. New residents taking occupancy after will pay 50% of the established dues rate for the first year. Section 4. All residents of may attend regularly scheduled meetings. However, only paid-up members shall be allowed to participate in discussions, to make or vote on any motion, or to hold any office. Subject to Article 1, Section 2. ARTICLE III. OFFICERS Section 1. The officers shall consist the following: President; Vice-President Homeowners; Vice-President, Activities; Secretary; Assistant Secretary; Treasurer; and

2 Assistant Treasurer. These officers, plus five (5) Trustees, will serve as the Board of Directors. One of the Trustees shall be, at his or her option, the immediate past President. [The titles or names of these officers may be changed to fit your needs.] Section 2. All officers and trustees shall serve one-year terms and are eligible for reelection. Section 3. Should a vacancy occur on the Board, the President shall appoint, within 30 days, with approval of a majority of the Board, a member in good standing in the Association to fill the unexpired term of the vacated office. Section 4. Any Board member may be removed from office under the following procedure: A. Petition demanding removal signed by [2/3 of the] members and presented to the presiding officer at a Board meeting for review and recommendation by the Board. B. A majority in attendance at the next regular Association meeting must vote for such removal or retention of the board member. Section 5. A Board member may also be removed from office if not present at two (2) consecutive General meetings or Board meetings without a valid reason. Reports that are due must be submitted. Section 6. A resident must be a paid up member of the Association in order to hold any elected office. One part time Trustee must reside in the park a minimum of 5 1/2 months, but less than 9 months. ARTICLE IV. DUTIES OF OFFICERS Section 1. President. The President shall preside at all meeting of both the Association and the Board of Directors. With Board approval, the President shall appoint such committees as per Article XI, Organization Chart, needed to expedite the objectives and business of this Association. In determining questions of procedure at meetings, the President shall be governed by Parliamentary Procedures. Section 2. Vice-President, Homeowners. The Vice-President, Homeowners, shall preside at all meetings in the President's absence or inability to perform the duties of the office. The Vice-President, Homeowners, shall assume control and management of the Association and perform any additional duties prescribed by the President or the Board. The Vice-President, Homeowners, shall appoint, with Board approval, committees as are specified by the Association organization flow chart. Section 3. Vice-President, Activities. The Vice-President, Activities, shall have the responsibility to provide group activities for the residents of. In the absence of both the President and Vice- President, Homeowners, the duties of the Vice-President, Activities, shall also include those described in Article IV, Sections 1 and 2.

3 Section 4. Secretary. The Secretary shall take a roll call of the Board and keep a correct record of the proceedings at all meetings, and perform other duties as may be required. The Secretary will poll Board member's votes, yes or no, at each Board meeting and make them available to Homeowners Association members upon request. Section 5. Assistant Secretary. The Assistant Secretary shall assist the Secretary in the performance of the office and in the absence of the Secretary shall perform all the duties as described in Section 4. Section 6. Treasurer. The Treasurer shall receive and disburse all Association General funds, keeping accurate and customary records of receipts, disbursements, and bank balances on hand, and shall deposit all general funds. Section 7. Assistant Treasurer The Assistant Treasurer shall receive and disburse all Association Legal and Bingo funds, keeping accurate and customary records of receipts, disbursements, and bank balances on hand, and shall deposit all Legal and Bingo funds. In the absence of the Treasurer, the Assistant Treasurer shall perform all the duties as described in Section 6. In the absence of the Assistant Treasurer, the Treasurer shall perform all the duties as described in Section 7. Section 8. Trustees The Trustees shall attend all regular and special meetings of the Association and attend all Board meetings. They shall assist in the management of the Association and perform such necessary duties as required by the President. Section 9. Board of Directors The Board of Directors shall consist of all elected officers and five Trustees. The Board shall have general supervision of the affairs of the Association between its business meetings, make recommendations to the Association, and shall perform such other duties as specified in these bylaws. The Board shall be subject to the orders of the Association, and none of its acts shall conflict with action taken by the Association. The Board shall be authorized to make any expenditures that may be necessary or advisable for the government, direction, and betterment of the Association, consistent with these bylaws. It shall formulate all rules for conducting the business of this Association, and for management and control of its property. ARTICLE V. ELECTIONS Section 1. The Nominating Committee shall consist of at least five members in good standing representing all geographical areas of the Park, not elected officers, appointed by the President at the November meeting. The members of this committee shall prepare a slate of candidates for all Board of Directors in accordance with Article III, Section 1, of the bylaws of the Association. They shall present this slate at the January meeting at which time nominations from the floor will be accepted. No member of the Nominating Committee shall be a candidate for office unless such member is nominated from the floor. The Nominating Committee shall be responsible in seeing that the profiles

4 of all candidates are posted on the bulletin board at least one week before the election is held. Section 2. The Election Committee shall be appointed by the President at the January meeting to conduct the annual election of officers of the Association. No candidate for election or relative of a candidate shall serve on this committee. Section 3. The first Saturday in February shall be election day. The polls will be open from 10 a.m. to 2 p.m. [This date may be as you select. It does not have to be the first Saturday in February.] Section 4. Only members of this Association in good standing are eligible to vote. The Election Committee shall validate each member from a current membership list. To be eligible to vote, all dues must be paid prior to Jan. 31 of that year. Section 5. Printed ballots will be used, but members shall have the option to write in alternate names for any office. No ballot shall be voided if voting for fewer candidates than on the ballot list. Section 6. Absentee ballots will be available from the Chairperson of the Election Committee or Committee member appointed by the Chairperson in his absence and must be returned to the Election Committee by noon, Friday, the day before the election. It is the resident's responsibility to obtain absentee ballots between [select date] and the Friday preceding the election. Section 7. The Election Committee shall announce the results and post elected officers' names on election day. No numerical results will be issued verbally or be posted. Each candidate may obtain his or her own results only from the Chairperson of the Election Committee or a Committee member appointed by the Chairperson in his absence. Section 8. Newly elected officers shall be inducted by a Past President at the first General meeting after the election and shall assume their duties immediately. ARTICLE VI. MEETINGS Section 1. There will be a regular meeting of the Association on the third Wednesday of each month [this day may be set as you choose. It does not have to be Wednesday] beginning at 7 p.m. from September to June. If conditions warrant, meetings will be scheduled during July and August at the discretion of the President and/or a majority of the Board of Directors. Section 2. A special meeting may be called by the President if deemed necessary or, in the President's absence, by the Vice-President, Homeowners, or Vice-President, Activities. A special meeting may also be called by a majority vote of the Board of Directors, or at the request of fifty (50) [this number may be as you choose] members in good standing, when such request is presented in writing to the Board of Directors, At least five (5) days prior to any special meeting, all members of the Association must receive written notification of said meeting, stating the reason and purpose for the meeting, and no other business shall be transacted. The annual meeting will be the regular February meeting.

5 Section 3. At all meetings, seventy-five (75) [this number will be as you choose; it does not have to be 75] members, at least three of whom shall be members of the Executive Committee, shall constitute a quorum. Meetings may be held without a quorum present but no expenditure or policy change may be acted upon. Section 4. At all meetings the President has the authority to change the order of business, and to limit debate on any issue, but only after a member's motion has been brought to the floor. At any meeting the President shall cast a vote only when the vote is necessary to break a tie vote. Section 5. All meetings, except special meetings, of the Association shall be announced by posting a notice on the main bulletin board at least 48 hours previous to the intended meeting time. The same plan will be followed for Board of Directors meetings. In addition, other means available will be used to give as wide publicity as reasonable to all meetings. A copy of the agenda shall be presented to each Board member at least 48 hours previous to the intended meeting. Section 6. The rules contained in the current edition of Robert's Rules of Order will govern the Association in all cases to which they are applicable. Parliamentary procedure shall apply in all disputes. Any member wishing to speak before the body must stand, address the presiding officer, wait to be recognized, approach the lectern, and then proceed. Not at anytime will Robert's Rules of Order regarding parliamentary procedures supersede the bylaws. Section 7. During regularly scheduled monthly meetings or special meetings of the Association, no other social activities or meetings will be scheduled. Section 8. The Board of Directors shall normally meet during the first week of each month at a date and time prescribed by the President. Additional meetings of the Board may be called by the President at a date and time agreed upon by both the President and other Board members. A majority of the Board of Directors (7 members) must be present at any Board meeting in order to transact any business. Section 9. At all regular meetings of the Association, the following will be the order of business, unless the order is changed in accordance with Article VI, Section 4. [This list may include additional items] A. Welcome by Presiding Officer B. Pledge of Allegiance and moment of silence/mention of deceased member(s). C. Minutes of the previous meeting. D. Treasurers' Report E. Communications and Committee Reports F. Old Business G. New Business H. Closing Remarks I. Adjournment NOTE: At the annual meeting the following will be added to the agenda: Audit Committee report

6 Past President s Report (accomplishments) Next Presidents Report (future plans) ARTICLE VII. FINANCES Section 1. There will be three separate bank accounts. The Homeowners Association account, saving and/or checking, shall be designated as the Homeowners Association Legal Fund. The Activities Account, saving and/or checking, shall be designated the Homeowners Association General fund. There is also a Bingo fund. Checking accounts will carry three names on them: President, Treasurer and Assistant Treasurer. Any two signatures will validate a check. Section 2. The Treasurer will make money available to the Purchasing Committee or monthly chairperson for the purchase of supplies for use at meetings and other activities. Receipts for expenditures must be furnished to the Treasurer. Section 3. Proposed capital expenditures for purchases exceeding three hundred dollars ($300) must be approved by the Board of Directors and presented to a regular meeting with a majority vote required for approval before the purchase. For capital purchases exceeding five hundred dollars ($500), the Purchasing Committee will be instructed to obtain a minimum of three competitive quotes for presentation to the Board of Directors and the general membership for approval. During the months of June, July and August, capital expenditures cannot exceed $500 per item, unless in an emergency. Section 4. If any motion is brought before the body at a General meeting to approve any capital purchase in accordance with Article VII, Section 3, which has not been approved by the Board, the President shall table such motion until the next regular meeting to allow the Board to review the proposed expenditure. At the next regular meeting the motion shall be brought back to the floor. Under discussion on the motion, a member of the Board (NOT AN OFFICER) shall explain to the body the Board's recommendation on the previously tabled motion. After discussion on the motion is completed, the President shall call for a vote on the motion. The majority shall rule. Section 5. Emergency purchases may be presented to the President for approval. Receipts must be given to the Treasurer. Section 6. All proceeds derived from recreation activities will be deposited in the General Fund. Section 7. All proceeds from homeowners dues shall be deposited in the Legal Fund Section 8. In the event of an emergency, funds may be transferred from the General Fund to the Legal Fund but only by approval of the Board, and then the approval of twothirds of the members in attendance at the next General or Special meeting, and voting on the motion to transfer said funds. Under no circumstance can funds be transferred from the Legal Fund.

7 ARTICLE VIII. BYLAWS Section 1. These bylaws, after approval by a majority of the Association members attending a General or Special meeting, shall be considered the official bylaws of [Name of HOA]. Section 2. Any proposed amendments to these bylaws shall be presented, in writing and signed, to the Bylaws Committee for its recommendation. The Bylaws Committee will then present the amendment changes to the Board for review. The changes will then be read and a copy given to each Association member at the following General or Special meeting. Then, at a second meeting the members will vote on amendments. The majority will rule. ARTICLE IX. COMMITTEES Section 1. Grievance Committee The President shall appoint a Grievance Committee consisting of not less than three (3) members in good standing. This Committee is to deal with any grievance submitted in writing to any Board member, after the resident has exhausted appeals to the Park Manager. Section 2. Government Relations Committee The Government Relations Committee shall keep abreast of and advise members of any government activity or policy affecting homeowners. With the consent of the Board this committee may initiate actions in the interest of homeowners. Section 3. Finance Committee The Finance Committee will develop an annual budget for the Association, monitor the financial condition of the Association, and advise the Board of Directors on the availability of funds for specific expenditures. Section 4. Membership Committee The Membership Committee shall keep a current list of Association members, collect dues, and issue membership cards, Section 5. Audit Committee The Audit Committee will meet at least quarterly to examine the financial accounts of the Association. The Committee shall also meet at the request of a majority of the Board of Directors for specific auditing functions. Section 6. Executive Committee The Executive Committee shall consist of the following: President, Vice-President, Homeowners; Vice-President, Activities; Secretary; and Treasurer. The Executive Committee shall fix the hour and place of meetings, establish and publish the agenda for each meeting, and authorize the disbursement of funds between regular Association meetings. The authority of the Executive Committee to disburse funds shall be in strict conformance with provisions of the bylaws.

8 Section 7. Purchasing Committee The Purchasing Committee shall be responsible for obtaining three competitive quotes for capital purchases exceeding $500, when the capital purchase has been approved by the Board of Directors. At the general membership meeting that will consider the motion, a member of the Purchasing Committee will make the presentation of the quotes with a recommendation for consideration by the membership. Section 8. Bylaws Committee When appointed by the Vice-President, Homeowners, the Bylaws Committee will follow the procedures established in Article VIII, Section 2. ARTICLE X. DISSOLUTION If, at any time, for whatever reason it becomes necessary to dissolve the Association, the funds contained in the treasuries will be distributed as approved by the majority vote of the Association members, and in accordance with Florida law.