BYLAWS OF LAKE EVESHAM COMMUNITY ASSOCIATION, INC.

Adopted November 12, 1986, Amended December 4, 2002

 

ARTICLE I        NAME AND BOUNDARIES

 

Section 1          The name of this organization shall be Lake Evesham Community Association, Inc., hereinafter known as the "Association."

 

Section 2          The area of the Association's activities is the area bounded by York Road to the east, Northern Parkway to the south, Bellona Avenue to the west, and Lake Avenue to the north, except including the following properties on the north side of Lake Avenue: 308 through 426 East Lake Avenue (even-numbered addresses), and 6100, 6108, and 6110 York Road.  [See Amendments 12/4/02]

 

ARTICLE II       PURPOSE AND OBJECTIVES

 

The purpose for which the Association is formed and the objectives to be carried on and performed by it are as follows:

 

Section 1          To unite its Members, whose primary concern is the betterment of the areas covered by the Association's activities.

 

Section 2          To conduct and carry on the work of the Association not for profit but exclusively for charitable, civic, or educational purposes in such manner that no part of its income or property shall inure to the private benefit of any donor, member, director, officer, or individual (except that reasonable compensation may be paid for services rendered to or for the Association affecting one or more of its purposes). And in such manner that it shall not devote a substantial portion of time to carrying on propaganda or otherwise attempting to influence legislation nor shall it intervene in (including the publication or distribution of statements) any political campaign on behalf of a candidate or party.

 

ARTICLE III       MEMBERSHIP

 

Section 1          The Members of the Association shall consist of all persons 18 years of age or older who either: (i) own property and reside in the area of the Association's activities and have paid all dues and assessments for the current year, or (ii) do not own property but have resided in the area of the Association's activities for three consecutive years and have paid all dues and assessments for the current year.

 

ARTICLE IV      DUES AND SPECIAL ASSESSMENTS

 

Section 1          Annual dues for each Member shall be set by the Board of Directors and will be due January 1 of each year or such later date as is set by the Board of Directors.

 

Section 2          The Board of Directors shall have the authority to assess special assessments during the course of each year, provided the sum of all such special assessments during the course of such year total no more than the annual dues approved pursuant to Section 1 above.

 

Section 3          The Board of Directors shall have the authority to solicit and receive donations, grants, and gifts on behalf of the Association.

 

ARTICLE V       OFFICERS

 

Section 1          The officers of this Association shall be the following: President, Vice-President, Secretary, and Treasurer.

 

Section 2          All officers shall be elected by the Members at the November general meeting for a term of one year, commencing on January 1 of the following year (unless appointed as a substitute pursuant to Article IX).  All officers shall serve without compensation.  No more than one officer may be elected from the same household.  [See Amendments 12/4/02]

 

Section 3          Any officer who shall be absent from three consecutive General or Board of Director's meetings shall be subject to removal from office at the discretion of the Board of Directors.

 

ARTICLE VI      BOARD OF DIRECTORS

 

Section 1          The Board of Directors shall consist of the duly elected officers of the Association and four (4) "at large" directors to be elected by the Members at the November general meeting. The immediate past President of the Association shall, whenever possible, serve as a Member of the Board of Directors. No more than one Member of the Board of Directors may be elected from the same household.  Each member of the Board of Directors shall serve for a term of one year, commencing on January 1 of the following year (unless appointed as a substitute pursuant to Article IX). The Board shall be vested with the power to control the business, property, and affairs of the Association subject to approval by the general membership. The Board will attempt to follow the wishes of the general membership whenever possible. All members of the Board of Directors shall serve without compensation.

 

Section 2          Any Director who shall be absent from three (3) consecutive General or Board of Director's meetings shall be subject to removal from membership of the Board of Directors at the discretion of the Board of Directors.

 

Section 3          A meeting of the Board of Directors may be called at any time by the President or, in such person's absence, by the Vice-President.  Attendance in person of one-half of the Board of Directors shall constitute a quorum.

 

Section 4          All members of the Board of Directors shall be notified of Board Meetings at least three (3) days in advance.

 

ARTICLE VII     MEETINGS

 

Section 1          General meetings shall be held each year in February, May, September, and November.

(a) Notification of these meetings shall be made by the Newsletter or other appropriate communication.

(b) Notification shall be at least three (3) days before the date of the meeting.

(c) Provided that a quorum is present, votes taken at general meetings shall be binding upon the Association.  A quorum for general meetings shall be the attendance in person of at least 25% of the Members.

 

Section 2          Special meetings may be called by the President or, upon request of ten (10) or more Members, shall be called by the President or the Vice President in the absence of the President.

(a) Notification of any special meeting shall be at least three (3) days before the date of the meeting.

(b) Provided that a quorum is present, votes taken at special meetings shall be binding upon the Association.  A quorum for special meetings shall be the attendance in person of at least 25% of the Members.

 

ARTICLE VIII    ELECTIONS

 

Section 1          The nomination of officers and directors for the Association shall be made by a Nominating Committee.  Nominations may also be made from the floor at the November general meeting. The Nominating Committee shall consist of a chairperson, who shall be a member of the Board of Directors, and two or more other Members who may or may not be members of the Board of Directors. The Nominating Committee shall be appointed by the President of the Association prior to the November general meeting, to serve until the close of the November general meeting.  The Nominating Committee shall make as many nominations for election of officers and directors as it shall, in its discretion determine, but not less than the number of vacancies that are to be filled.

 

Section 2          The election of officers and directors shall be by written ballots cast in person by Members at the November general meeting and by absentee ballots filed pursuant to Section 3 below.  The persons receiving the largest number of votes for each office or Board position shall be elected.  Cumulative voting is not permitted. In case of a tie, a runoff election shall be held.

 

Section 3          Absentee ballots will be available from the chairperson of the Nominating Committee. Members wishing to vote by absentee ballot must return their completed ballots to the chairperson of the Nominating Committee at least two (2) days before the November general meeting.

 

ARTICLE IX      OFFICER OR DIRECTOR VACANCY

 

Section 1          In case of removal, resignation or inability of the President to complete his or her term, the Vice-President shall complete the President's term. Any vacant office or Board position, other than President, shall be filled by a Member in good standing appointed by the Board of Directors, who shall serve until the end of the current term of office.

 

ARTICLE X       COMMITTEES

 

Section 1          The Board of Directors shall have the authority to create such committees, as it deems appropriate and to appoint as chairpersons of such committees any Member of the Association.  The chairperson of each such committee shall appoint such members to the committee, as he or she deems appropriate.  The creation of any committees shall be reported to the Members at the next general meeting.

 

ARTICLE XI      DUTIES OF OFFICERS

 

Section 1          The duties of the officers shall be such as are implied by their respective titles and such as are specified by these Bylaws, namely:

(a) President - It shall be the duty of the President to preside at all general meetings of the Association and of the Board of Directors, and to assume all duties pertaining to this office.

(b) Vice-President - In the absence of the President, the Vice-President shall perform all of the duties of the President.

(c) Secretary - The Secretary shall record the minutes of all meetings of the Association and Board of Directors. The Secretary shall have available for reference at all meetings a copy of the Association's bylaws, a list of its officers, committees, and members, as well as a roll of Members present at each meeting.  It shall be the duty of the Secretary to handle all correspondence for the Association.  The Secretary shall preserve in a permanent file all records of the Association and its officers, such records to be transferred to the successor at the close of the term of office.

(d) Treasurer - The Treasurer shall be custodian of all funds and properties of the Association and shall keep a record of all receipts and disbursements.  The Treasurer shall render a detailed statement of assets and liabilities, receipts, and expenditures of the Association, at each General and Board of Directors meeting.  The Treasurer shall place all money of the Association in a bank that has been approved by the Board of Directors.  The funds shall be deposited in the name of the Association and subject to withdrawal upon the application of any two of the following: President, Vice-President, Treasurer and Secretary.  [See Amendments 12/4/02]

 

ARTICLE XII     AMENDMENT TO BYLAWS

 

Section 1          Amendments to these bylaws may be made at any meeting of the Association by a two-thirds (2/3) vote of the Members present, providing the Members have received notice of the proposed change at a previous meeting or in writing through the Newsletter or other appropriate means of communication at least three (3) days before the date of the meeting.


AMENDMENTS

 

December 4, 2002

 

Amendments to the following three sections were announced by circulated flier in November 2002, and affirmed at an open meeting on December 4, 2002.

 

 

Article I, Section 2

Removed:

“The area of the Association's activities is the area bounded by Lake Avenue on the North, Northern Parkway on the South, Bellona Avenue on the West, and York Road on the east.”

Replaced with:

“The area of the Association's activities is the area bounded by York Road to the east, Northern Parkway to the south, Bellona Avenue to the west, and Lake Avenue to the north, except including the following properties on the north side of Lake Avenue: 308 through 426 East Lake Avenue (even-numbered addresses), and 6100, 6108, and 6110 York Road.”

Article V, Section 2

Removed:

“No person may hold the same office for more than three (3) consecutive years.”

Replaced with:

Nothing

Article XI, Section 1(d)

Removed:

“In cases of necessity with the approval of the President, the Treasurer is empowered to make disbursements in the interval between meetings of the Board of Directors, up to the amount of seventy-five dollars ($75.00).  Disbursements in excess of seventy-five dollars ($75.00) shall be made as resolved by the Board of Directors.”

Replaced with:

Nothing