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Back to Rules and Policies Handbook
| Article I - Membership |
| Section 1 |
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A
member is defined as anyone who has been elected to membership by the
Board of Directors and whose membership has not been suspended or
terminated by the Board of Directors. Election to membership shall be by
favorable action of the Membership Committee, which may be the Board of
Directors, on an application accompanied by the recommendation of another
pool member. By such favorable action all persons listed in said
application shall become a Member Unit with each person entitled to use of
all facilities of the Association. If the Membership Committee recommends
unfavorable action, it should report the same to the Board for final
authority. For the purpose of these by-laws, a Member Unit shall consist
of the immediate family which is defined to include husband, wife and/or
dependent children (or dependent child) residing in the same domicile.
Other family units and arrangements may be approved by the Board of
Directors on a case-by-case basis. The
Board may, from time to time, enact operating rules by which the
Membership Committee shall
evaluate prospective Member Units. |
| Section 2 |
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| Section 3 |
|
The number of Member Units shall be limited to the extent deemed necessary by the Directors to preserve adequate standards of health, safety and sanitation. |
| Section 4 |
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|
(b) Section 5 |
| Continued enjoyment of membership in good standing shall be conditioned on: |
a.
Compliance with all rules and regulations adopted by the Board of Directors; and
b.
Payment of all dues, delinquent dues as defined on Section 4(c)
above and other fees and charges as required by the Board of Directors;
and
c.
The holder of a Loan Certificate shall surrender the certificate at
such time as he receives the current price of the Loan Certificate.
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| Section 6 |
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Any Member Unit whose dues are delinquent shall be suspended until
payment of all sums due the Association. However, the Board of Directors
may in its discretion extend the time for payment of dues of Member Units
where such action may appear to the Board to be fair and proper. Further,
in case of infraction of any by-law or rule of the Association, or in the
case of misconduct on the part of any person which may endanger the good
order, welfare or character of the Association, the Board of Directors may
expel such person from the Association or suspend such person from all
privileges of membership for such time as the Board of Directors shall
deem advisable. |
| Article II - Meeting of Members |
| Section 1 |
|
The
Annual Meeting of the Association shall be held during the third full |
| Section 2 |
|
Special
meetings of the members may be called at any time by the President or
the Board of Directors or by a petition signed by one third (1/3) of the
Member Units in good standing. |
| Section 3 |
|
Written notice of every meeting of the Association shall be mailed to each Member Unit in good standing at least five (5) days prior to the date named for the meeting at their addresses shown upon the records of the Association. |
| Section 4 |
|
Each
Member Unit in good standing shall be entitled to one (1) vote at the
Annual Meeting of the Association and at any special meeting. |
| Article III - Board of Directors |
| Section 1 |
|
In
accordance with Article 4 of the Association's Charter, the Board of Directors
shall consist of fifteen (15) Directors elected to serve staggered three
(3) year terms, with five (5) Directors to be elected each year. No
Director shall serve more than two (2) consecutive elected (at an annual
meeting) terms. |
| Section 2 |
| Active adults of Member Units in good standing shall be eligible to serve as members of the Board of Directors; however, only one person per Member Unit may serve at one time. |
| Section 3 |
| Prospective Directors shall be nominated by a nominating committee and elected by the member units in good standing that are present at the Annual Meeting of the Association. The nominating committee may consist of the Board of Directors. Directors may be nominated from the floor at the annual meeting. |
| Section 4 |
| Meetings
of the Board of Directors shall be held at such times and places as a
majority of the Directors may from time to time appoint or as may be |
| Section 5 |
| A
majority of the Board of Directors in office shall be necessary to constitute
a quorum for the transaction of business. Acts of a majority of the
Directors present at a meeting at which a quorum is present shall be the
acts of the Board of Directors. If the Directors shall severally or collectively
consent in writing to any action to be taken by the Association,
such action shall be valid as though it had been authorized at a meeting
of the Board of Directors. |
| Section 6 |
|
Any Director who misses four (4) consecutive meetings may be removed from the Board by a majority vote of the Board of Directors. Vacancies in the Board of Directors shall be filled by the Directors then remaining to serve until the next succeeding annual meeting of the active members of the Association. |
| Section 7 |
|
Meetings
of the Board of Directors shall be presided over by the President. In his absence, the vice-president; and if neither the President
nor the vice-president is present, the Directors shall elect a presiding
officer for such meeting. The Secretary, or in his absence, a Director
appointed by the presiding officer, shall record minutes of all meetings
of the Board of Directors. |
| Section 8 |
|
The
Board of Directors shall have the power to make or authorize all purchases
necessary or desirable for the operation of the Association and to employ
or authorize the employment of all employees of the Association and fix
their compensation, and to do or cause to be done all the other things
necessary for the operation and maintenance of the Association. |
| Section 9 |
|
The
Board of Directors shall have the power to borrow from members of the Association
or others, necessary funds for operating expenses. Amounts, terms
and conditions of such borrowing are to be determined by the Directors;
provided, however, that they shall not further mortgage or hypothecate
in any manner whatsoever any of the Association's real property or
improvements without authority of the active membership given by majority
thereof voting at an Annual Meeting or Special Meeting. |
| Section 10 |
|
The
Board of Directors shall prescribe rules for the operation of the Association's
facilities and perform such other duties, not expressly prohibited
herein, as they in their discretion may deem to be for the best interest
of the Association. |
| Section 11 |
|
The
Board of Directors shall submit to the active members at each Annual Meeting
a report showing the state of the Association (membership) and a financial
statement setting forth the transactions of the previous year. A budget
for the coming year shall be provided in the Spring Newsletter. |
| Section 12 |
|
The
Board of Directors shall supervise (have supervision over) all committees,
and have the authority to direct their effort to alter or amend any rules
or regulations prescribed by any committee. |
| Section 13 |
|
The
Board of Directors shall secure the fidelity of the Treasurer of the Association
and may secure the fidelity of other officers or employees by bond
or otherwise and in such amount as shall be deemed proper. |
| Section 14 |
|
The
Board of Directors shall require an audit to be made of the accounts of
the Association for each calendar year. Such annual audits may be made by
an audit committee appointed from the active membership, not to include a
director, or by independent accountants engaged for that purpose, if the Board
of Directors deems such action advisable. |
| Section 15 |
|
Each person now or hereafter a Director or officer of the Association (and his heirs, executors and administrators) shall be indemnified by the Association against all costs and expenses, including all attorneys' fees, imposed upon or reasonably incurred by him in connection with or resulting from any action, suit, proceeding, or claim to which he is or may be made a party to by reason of his being or having been a director or officer of the Association or at its request of any other association (whether or not a director or officer at the time such expenses are incurred or imposed upon him), except in relation to matters as to which he shall have been finally adjudged in such action, suit or proceeding, or upon such claim to be liable for misfeasance or non-feasance in the performance of his duties as such director or officer. In case of settlement of any such action, suit, proceeding or claim such person shall be entitled to such indemnification (including the amount of settlement) as to any particular matter, if: |
|
(I)
the
Association shall receive the opinion of independent counsel
that such person was not liable for the alleged misfeasance or non-feasance
with respect to such matter and that the terms of settlement with respect
thereto are not unreasonable, or (II) the active members (other than Directors and officers entitled to indemnification in connection with acts or omissions involved) present at an annual or special meeting shall approve the settlement. The foregoing indemnification shall not be exclusive of any other rights to which he may be entitled. |
| Section 16 |
| The
Board of Directors shall secure for the protection of the Association |
| Section 17 |
| All
checks or demands for money and notes of the Association shall be signed
by such officers or officers or such other person or persons as the Board
of Directors may from time to time determine at the meeting at which
officers are elected. |
| Article IV - Officers |
| Section 1 |
|
The
officers of the Association shall consist of a president, vice-president,
treasurer and secretary. |
| Section 2 |
|
The
officers of the Association shall be chosen by the Directors of the
Association as soon as practicable after the annual meeting of the
association. The officers shall serve a term of one (1) year or until
their successors are elected by the Directors. Two or more offices may be
held by the same person. Any officer elected or appointed by the Board of
Directors may be removed at any time by the affirmative vote of a majority
of the whole Board of Directors. If the office of any officer becomes
vacant for any reason, the vacancy shall be filled by the Board of
Directors. |
| Section 3 |
| The
President shall preside at all meetings of the Board of Directors and membership;
he shall in conjunction with the secretary sign all contracts and
papers relating to the affairs of the Association; he shall make all appointments
to the committees, either from the Board of Directors or the membership,
subject to confirmation by the Board of Directors, and shall perform
all other acts properly belonging to his office including executive
supervision of all activities of the Association and the employees
thereof. |
| Section 4 |
| The
vice-president shall assume the full responsibilities, duties and obligations
of the President during the absence of the President. |
| Section 5 |
| The
Secretary shall make and keep minutes of all meetings of the Board of Directors,
and of the active members, shall maintain a membership record containing
the names and addresses of each member; shall attest signature of the
officers of the Association when required and contracts or other papers
relating to the affairs of the Association and shall have custody of the
corporate seal; and shall perform all the other functions normally
devolving upon such office. |
| Section 6 |
| The
Treasurer shall be responsible for maintaining records of all financial
transactions of the Association and be prepared to render an accounting at
any meeting of the Membership or the Board of Directors as may be
required; shall be responsible for the receipt and deposit of all monies
due the Association in banking institutions approved by the board of
Directors; shall be responsible for the disbursement of funds based upon
approved billings and vouchers; shall maintain such other records as may
be required of him by the board of Directors, and shall perform all other
functions normally devolving upon such office. |
| Article V - Standing Committees |
| Section 1 |
|
The
President may from time to time, with the approval of the Board of
Directors, appoint such standing committees as he may deem appropriate. |
| Article VI - Fiscal Year |
| Section 1 |
| The
fiscal year of the Association shall begin on January first (1st) and end
on December thirty-first (31st) of each calendar year. |
| Article VII - Amendments |
| Section 1 |
| The
by-laws may be amended at any regular or called meeting of the Association
by a two-thirds (2/3) vote of the membership present providing written
notice of the amendment has been given to each member at least fifteen
(15) days prior to the date of the meeting at which action is taken. |
| Article VIII - Parliamentary Authority |
| Section 1 |
| Robert's
Rules of Order, Revised, shall govern all proceedings except when
inconsistent with the by-laws of this organization. The President may
appoint a Parliamentarian when necessary. |