Bylaws of Belmont Shore Residents Association
Bylaws of Belmont Shore Residents Association
A Nonprofit Public Benefit Association
ARTICLE 1
Description
Section 1.1. Name.
This association shall be known as the Belmont Shore Residents Association (hereafter called Association). Abbreviation of the name shall be "BSRA".
Section 1.2. Affiliation.
The Association shall not be affiliated with any other association or organization.
Section 1.3. Form.
The Association shall be a nonprofit public benefit association under the laws of the State of California.
Section 1.4. Theme.
The Association shall be dedicated to the civic service for the Belmont Shore residential community.
Section 1.5. Geographical Definition.
For the purpose of these Bylaws, Belmont Shore is defined to be (1) that area of the City of Long Beach bounded in general on the west by Termino Avenue, on the northwest by Livingston Drive, on the northeast by East Broadway, on the east by Alamitos Bay and 55th Place, and on the south by the Pacific Ocean and (2) that area of the City of Long Beach bounded in general on the west by 39th Place, on the north by Ocean Boulevard, on the east by Termino Avenue, and on the south by the Pacific Ocean. A residence located on either side of a street named herein shall be considered to be within Belmont Shore for membership purposes.
ARTICLE 2
Purposes and policies
Section 2.l. Purposes.
The purposes of the Association shall be to:
1. maintain and improve the Belmont Shore residential community through unified action.
2. assist the Belmont Shore residential community in protection of personal rights and property interests, and
3. maintain an active Association that can speak with one voice for the rights of Association members before any legislative or judicial body, or any other group, individual, organization, association, corporation, or entity whose actions, policies, intentions, and designs affect rights of Association members or the Belmont Shore residential community.
Section 2.2. Policies.
It shall be the policy of the Association to:
1. participate in civic and governmental meetings directly related to Association purpose so that Association members may be better informed and represented, and
2. plan, support and execute Belmont Shore residential community improvement projects and civic functions through duly constituted committees or subcommittees where such action promotes Association purposes.
ARTICLE 3
Organization
The Association shall consist of an Executive Board and a general membership.
Section 3.l Executive Board
Part 3.1.A. Composition. The Executive Board shall consist of eleven qualified members, filling offices as President, Vice President, Recording Secretary, Treasurer, and seven members at large. In the event insufficient qualified member volunteers are available to fill all eleven Executive Board offices, the Executive Board shall continue to function, provided that a quorum can be maintained.
Part 3.1.B. Qualifications. Executive Board members shall be owners of residential property in Belmont Shore who are Association members in good standing, with the exception that five of the seven Executive Board members at large need not be owners of residential property in Belmont Shore. An Executive Board member shall have been an Association member in good standing for the thirty consecutive days immediately preceding nomination or appointment. No Executive Board member shall hold more than one office at a time.
Part 3.1.C. Officers. Association officers shall be the President, Vice President, Recording Secretary, and Treasurer.
Part 3.1.D. Duties and Powers. The Executive Board constitutes the primary decision-making body, which shall (1) supervise and direct Association activities and any ad hoc committees or subcommittees, (2) authorize any contribution or donation made by the Association, and (3) approve in advance any contract creating a debt of $200.00 or more which is an Association obligation. Executive Board members shall execute an agreement to hold Association records confidential, except that an Executive Board member may disclose or disseminate specific confidential information provided that prior approval is obtained from the Executive Board.
Part 3.1.E. Tenure. Executive Board members shall be elected by the general membership at an annual election, as hereafter specified, and remain in office until the installation of the newly elected Executive Board.
Part 3.1.F. Forfeiture for Absence. An Executive Board member with three consecutive unexcused absences from properly called and noticed Executive Board or general membership meetings shall automatically forfeit the office.
Part 3.l.G. Removal for Cause. Upon determination of cause by the Executive Board, an Executive Board member shall be removed from office upon two-thirds (2/3) vote of the Executive Board members who are present at any regular or special Executive Board meeting, provided a quorum is present, the Executive Board was noticed at least seven days in advance, and the proposed removal was included in the meeting notice.
Part 3.l.H. Filling Vacant Offices. The Executive Board shall fill vacant offices as soon as practical by appointment. Appointed Executive Board members shall be otherwise qualified for nomination to the Executive Board and shall have full Executive Board authority and responsibilities as though originally elected to the office. Appointed Executive Board members shall serve the unexpired portion of the vacant office to which appointed.
Part 3.l.I. Presiding Authority and Assumption Rights. The President shall, preside over all General Membership and Executive Board Meetings. Executive Board members, in the sequence listed below, shall have and exercise all authority and responsibilities of the President, during absence, incapacity, death or disability of the President. Assumption priority shall be: (1) Vice President, (2) Recording Secretary, (3) Treasurer, then (4) followed by the seven members at large in order of seniority on the Executive Board.
Part 3.l.J. Authority and Responsibilities.
Item 3.1.J.(l). The President shall be the Chief Executive Officer and spokesperson, with full authority and responsibility for supervising Association affairs, subject to the ultimate review, direction and control by the Executive Board and Association Bylaws.
Item 3.1.J.(2). The Recording Secretary shall be the Chief Administrative Officer with responsibility for (1) keeping complete, accurate records of the names and addresses of the Executive Board and general membership; (2) keeping complete, accurate minutes of Executive Board and General Membership Meetings; (3) distributing minutes of Association meetings to the Executive Board at least five days prior to the next Executive Board meeting; (4) noticing of meetings, elections or other actions required by these bylaws or otherwise directed by the Executive Board; (5) maintaining a complete accurate set of Bylaws and any Standing Rules; and (6) distributing membership renewal notices.
Part 3.l.J. (3). The Treasurer shall be the Chief Financial Officer who shall (1) have custody and control of all Association funds; (2) keep all necessary records and accounts of income, monies, accounts, gifts, contributions, pledges, receipts, disbursements, expenditures, assets and liabilities; (3) comply with applicable provisions of federal, state, or local regulations and laws dealing with same subject; (4) maintain records of compliance with applicable regulations and laws, and (5) report Association financial status at every regular Executive Board and regular General Membership Meeting. The signature of the Treasurer shall be required on all checks or other debt instruments; the signature of a second Executive Board member, to be designated by the Executive Board in advance, shall be required on all checks or other debt instruments in excess of $200.00. Records and accounts of the Treasurer shall be subject of an independent audit at least once each fiscal year.
Part 3.l.K. Executive Board Meetings. The Executive Board shall meet once each month in regular meetings, except that the Executive Board may dispense with up to two regular meetings each membership year. Special meetings of the Executive Board may be called, upon proper notice, at any time by the President or by any three other Executive Board members. Association members shall be permitted to observe Executive Board meetings and address issues reasonably related to Association purposes.
Part 3.l.L. Notices. The date, time, and place for Executive Board meetings shall be established by the Executive Board, provided that the date, time, or place for any meeting may be altered or specially set by the Executive Board at any time. The Executive Board shall be presumed to have notice of any regularly scheduled meeting, provided that the date, time, and place of the meeting have not changed from those previously established. In the event of a special meeting, the Recording Secretary shall notice each Association member at least seven days in advance specifying the date, time, and place of the meeting and proposed agenda.
Part 3.l.M. Defects in Notices. Executive Board actions shall be valid as if the meeting had been properly called and noticed, regardless of defects in the call or notice, provided a quorum was present and the minutes of that meeting are later approved by the Executive Board.
Part 3.1.N. Quorum. A quorum shall consist of any five Executive Board members. Once a quorum is achieved for a meeting it shall not be broken by departure of members who made the quorum, so long as at least five members remain, and provided that chairman is a resident property owner.
Part 3.l.O. Adoption, Approval, Confirmation, and Ratification. Except as otherwise provided herein, approval of a motion shall be upon affirmative vote of a simple majority of the Executive Board members who are present at a properly called and noticed meeting at which a quorum is present.
Part 3.l.P. Proxies. Proxy voting shall not be permitted.
Part 3.l.Q. Emergency Decision Making. To the greatest extent possible, all decisions relating to matters within Executive Board jurisdiction shall be made by vote in properly called and noticed Executive Board meetings. In the event the President determines special circumstance renders a properly called and noticed Executive Board meeting to be impractical, the President shall have full authority to make interim decisions for the Executive Board. The President shall, to the extent possible and practical, notify the Executive Board in advance of any action contemplated. Before taking any action, the President shall consider any responses from the Executive Board. Interim action taken by the President shall be communicated to the Executive Board not later than the next business day. At the next regular or special Executive Board meeting, the Executive Board shall consider interim action taken by the President and take appropriate action thereon.
Part 3.l.R. Compensation. Executive Board members shall not receive any fee, salary, or other compensation for service on the Executive Board.
Section 3.2. General Membership
Part 3.2.A. Eligibility. Membership shall be open to any person at least eighteen years of age who either (1) resides in Belmont Shore, or (2) is an owner of residential property in Belmont Shore. Except as noted in Item 3.2.E.(5) below, there shall be no other qualification or restriction on membership.
Part 3.2.B. Categories. General membership shall be the only membership category.
Part 3.2.C. Dues. Dues shall be payable on an annual basis and shall cover one family or residential unit, except that if more than one membership is desired for voting purposes, payment of multiple memberships per family or residential unit shall be permitted, one membership per person who is otherwise eligible for membership.
Part 3.2.D. Voting Privileges. Only members in good standing shall vote in Association affairs, with each paid membership entitled to one vote.
Part 3.2.E. Termination.
Item 3.2.E.(1). Members may voluntarily resign at any time upon written notice, effective upon receipt of such notice.
Item 3.2.E.(2). Membership shall expire upon a member's death, except that an otherwise qualified family member may assume that membership without additional fee.
Item 3.2.E.(3). Members shall forfeit membership for failure to maintain eligibility outlined in Item 3.2.A. above.
Item 3.2.E.(4). Membership shall lapse upon failure to remit dues within forty-five days of each membership year.
Item 3.2.E.(5). The Executive Board shall expel a member for cause upon two-thirds (2/3) vote that the member's action is inimical to the Association. The Executive Board shall provide written notice to a member subject to expulsion, specifying determination of cause, at least fifteen days prior to the effective expulsion date, thereby suspending membership. A suspended member shall (1) be a member not in good standing, and (2) be entitled to request reconsideration by presenting mitigating facts to the Executive Board during the suspension period. A former member expelled for cause shall be ineligible for new membership for six months after expulsion.
Part 3.2.F. Refunds. Full, partial, or pro rata refund of terminated membership dues for any reason, including resignation, expiration, forfeiture, expulsion, or suspension, shall not be permitted.
Part 3.2.G. Representation. General membership shall not include the right to represent the Association without specific prior Executive Board approval.
ARTICLE 4
Eligibility to Participate or Benefit
Any person, organization, association, agent, agency, or enterprise shall be permitted to contribute to, benefit by, or receive a contribution, donation, or expenditure from the Association, regardless of membership status. Voting privileges shall accrue only to members in good standing as defined elsewhere in these bylaws.
ARTICLE 5
Administration
Section 5.1. Fiscal Year.
The fiscal year of the Association shall be October 1 through September 30 of the following year.
Section 5.2. Membership Year.
Membership shall be on an annual basis beginning October 1 and ending the following September 30. New membership dues and applications received in the first ten months of a membership year shall apply to the then current membership year, be effective on receipt, and not be pro rated. New membership dues and applications received during the eleventh or twelfth membership months shall be effective upon receipt through September 30 of the following year.
Section 5.3. Change in Dues.
A change in dues shall be approved by the Executive Board.
Section 5.4. Records Inspection.
Accounting books and records of the Association, except membership records, shall be open to inspection (1) by any member in good standing, (2) for a purpose reasonably related to Association membership, (3) upon written request signed by the member, (4) with such request indicating specific Association books or records of interest, (5) with such request stating the purpose for the request, (6) with such request identifying any distribution or dissemination beyond the requesting member, and (7) with such request indemnifying the Association and or Association members for any and all damages which may result from access to Association books and records. The requesting member then may either (1) personally inspect or copy records of interest at a mutually agreed to time and place, or (2) obtain from the Recording Secretary upon tender of reasonable fee, copies of records of interest. The Executive Board shall deny inspection rights if it determines such request is based on financial, commercial, political or personal gain.
Section 5.5. Association Address.
The Association shall maintain a U.S. Postal Service mail box for receipt of correspondence.
ARTICLE 6
General Membership Meetings
Section 6.1. Regular Meetings.
Regular meetings of Association members shall be held each membership year at the discretion of the Executive Board. Members shall be noticed in writing one month prior to a regular General Membership Meeting, specifying the date, time, and place of the meeting, and proposed agenda.
Section 6.2. Special Meetings.
Special meetings of Association members may be called by the Executive Board, or must be called within seven days upon written petition to the Executive Board by twenty-five per cent (25%) of the membership or fifty members, whichever is less. Special General Membership Meetings shall be called by written notice delivered to the membership at least seven days prior to the meeting, specifying the date, time, and place of the meeting, and proposed agenda.
Section 6.3. Quorum.
A quorum shall consist of twenty-five per cent (25%) of the membership or twenty-five members, whichever is less.
Section 6.4. Proxies.
Proxy voting shall not be permitted.
Section 6.5. Initiative Process.
At any General Membership Meeting and for any lawful purpose other than amending Bylaws and dissolution, a member in good standing may submit an initiative motion and have action taken on the initiative motion during that meeting, specifically waiving prior notice to present and absent members of pending action, provided that the meeting was properly noticed and a quorum is present. An initiative motion shall be any motion concerning a subject that is not stated on the meeting agenda in advance of the meeting. An initiative motion shall be approved by affirmative vote of two-thirds (2/3) of the members who are present, with abstentions counting against passage of the initiative motion.
Section 6.6. Adoption, Approval, Confirmation, and Ratification.
Except as otherwise provided in the Bylaws, approval of a motion shall be obtained upon affirmative vote of a simple majority of members who are present at a properly noticed meeting at which a quorum is present.
ARTICLE 7
Nominations and Elections
Section 7.l. Nomination.
Nomination of candidates for the Executive Board for the next fiscal year shall be made at the August meeting. Nomination of a candidate for the Executive Board may be made by any member.
Section 7.2. Procedure.
The President shall appoint an Election Committee to conduct the election of the Executive Board. The Chair of the committee shall be the Recording Secretary. A General Membership Meeting shall be held during the last month (September) of the membership year. The election of the Executive Board shall be conducted at this meeting by the Election Committee. Elections shall be by secret, written ballot unless there is no more than one nominee for each office, in which case a voice vote shall be allowed. Votes are allowed only for candidates who were nominated at the August meeting. Election of a candidate shall be by affirmative majority vote of members present at the election, except that no candidate shall be elected with fewer than ten votes.
Section 7.3. Installation.
The newly elected Executive Board shall assume office on the first day of the month immediately following the election. The newly elected Executive Board shall replace the previous Executive Board in its entirety.
ARTICLE 8
Amendment of Bylaws
Association bylaws shall be amended by affirmative vote of two-thirds (2/3) of the members who are present at any properly called and noticed General Membership Meeting, provided a quorum is present and the meeting notice included pending Bylaws amendment action.
ARTICLE 9
Parliamentary Authority
Rules contained in the current edition of Roberts' Rules of Order, Newly Revised, shall govern the Association in all cases to which they are applicable and in which they are not inconsistent with these Bylaws and Standing Rules the Association may adopt.
ARTICLE 10
Dissolution
Section 10.1. Procedure.
The Association may be dissolved either by the Executive Board or general membership, depending on the size of Association membership. If there are one hundred or more Association members, then dissolution shall be approved by two-thirds (2/3) vote of Association members who are present at a regular or special General Membership Meeting at which a quorum is present; if there are ninety-nine or fewer Association members, then dissolution shall be approved by two-thirds (2/3) vote of Executive Board members who are present at any regular or special Executive Board meeting at which a quorum is present. In either circumstance, no dissolution action shall be taken unless notice of the meeting at which the vote is proposed included a notice of proposed dissolution.
Section 10.2. Asset Disposition.
In the event of dissolution, all Association assets remaining after payment or provision for Association liabilities shall be distributed to one or more organizations to be designated by the Association's body (Executive Board or general membership as discussed in Section 10.1 above) approving dissolution at the time of the vote to dissolve the Association, provided that recipient organization is structured in a way that no individual can profit from such distribution.
Certified to be the true and complete Bylaws of the Belmont Shore Residents Association, as adopted by vote of the general membership.
Jeff Miller
Recording Secretary
March 13, 2014
A Nonprofit Public Benefit Association
ARTICLE 1
Description
Section 1.1. Name.
This association shall be known as the Belmont Shore Residents Association (hereafter called Association). Abbreviation of the name shall be "BSRA".
Section 1.2. Affiliation.
The Association shall not be affiliated with any other association or organization.
Section 1.3. Form.
The Association shall be a nonprofit public benefit association under the laws of the State of California.
Section 1.4. Theme.
The Association shall be dedicated to the civic service for the Belmont Shore residential community.
Section 1.5. Geographical Definition.
For the purpose of these Bylaws, Belmont Shore is defined to be (1) that area of the City of Long Beach bounded in general on the west by Termino Avenue, on the northwest by Livingston Drive, on the northeast by East Broadway, on the east by Alamitos Bay and 55th Place, and on the south by the Pacific Ocean and (2) that area of the City of Long Beach bounded in general on the west by 39th Place, on the north by Ocean Boulevard, on the east by Termino Avenue, and on the south by the Pacific Ocean. A residence located on either side of a street named herein shall be considered to be within Belmont Shore for membership purposes.
ARTICLE 2
Purposes and policies
Section 2.l. Purposes.
The purposes of the Association shall be to:
1. maintain and improve the Belmont Shore residential community through unified action.
2. assist the Belmont Shore residential community in protection of personal rights and property interests, and
3. maintain an active Association that can speak with one voice for the rights of Association members before any legislative or judicial body, or any other group, individual, organization, association, corporation, or entity whose actions, policies, intentions, and designs affect rights of Association members or the Belmont Shore residential community.
Section 2.2. Policies.
It shall be the policy of the Association to:
1. participate in civic and governmental meetings directly related to Association purpose so that Association members may be better informed and represented, and
2. plan, support and execute Belmont Shore residential community improvement projects and civic functions through duly constituted committees or subcommittees where such action promotes Association purposes.
ARTICLE 3
Organization
The Association shall consist of an Executive Board and a general membership.
Section 3.l Executive Board
Part 3.1.A. Composition. The Executive Board shall consist of eleven qualified members, filling offices as President, Vice President, Recording Secretary, Treasurer, and seven members at large. In the event insufficient qualified member volunteers are available to fill all eleven Executive Board offices, the Executive Board shall continue to function, provided that a quorum can be maintained.
Part 3.1.B. Qualifications. Executive Board members shall be owners of residential property in Belmont Shore who are Association members in good standing, with the exception that five of the seven Executive Board members at large need not be owners of residential property in Belmont Shore. An Executive Board member shall have been an Association member in good standing for the thirty consecutive days immediately preceding nomination or appointment. No Executive Board member shall hold more than one office at a time.
Part 3.1.C. Officers. Association officers shall be the President, Vice President, Recording Secretary, and Treasurer.
Part 3.1.D. Duties and Powers. The Executive Board constitutes the primary decision-making body, which shall (1) supervise and direct Association activities and any ad hoc committees or subcommittees, (2) authorize any contribution or donation made by the Association, and (3) approve in advance any contract creating a debt of $200.00 or more which is an Association obligation. Executive Board members shall execute an agreement to hold Association records confidential, except that an Executive Board member may disclose or disseminate specific confidential information provided that prior approval is obtained from the Executive Board.
Part 3.1.E. Tenure. Executive Board members shall be elected by the general membership at an annual election, as hereafter specified, and remain in office until the installation of the newly elected Executive Board.
Part 3.1.F. Forfeiture for Absence. An Executive Board member with three consecutive unexcused absences from properly called and noticed Executive Board or general membership meetings shall automatically forfeit the office.
Part 3.l.G. Removal for Cause. Upon determination of cause by the Executive Board, an Executive Board member shall be removed from office upon two-thirds (2/3) vote of the Executive Board members who are present at any regular or special Executive Board meeting, provided a quorum is present, the Executive Board was noticed at least seven days in advance, and the proposed removal was included in the meeting notice.
Part 3.l.H. Filling Vacant Offices. The Executive Board shall fill vacant offices as soon as practical by appointment. Appointed Executive Board members shall be otherwise qualified for nomination to the Executive Board and shall have full Executive Board authority and responsibilities as though originally elected to the office. Appointed Executive Board members shall serve the unexpired portion of the vacant office to which appointed.
Part 3.l.I. Presiding Authority and Assumption Rights. The President shall, preside over all General Membership and Executive Board Meetings. Executive Board members, in the sequence listed below, shall have and exercise all authority and responsibilities of the President, during absence, incapacity, death or disability of the President. Assumption priority shall be: (1) Vice President, (2) Recording Secretary, (3) Treasurer, then (4) followed by the seven members at large in order of seniority on the Executive Board.
Part 3.l.J. Authority and Responsibilities.
Item 3.1.J.(l). The President shall be the Chief Executive Officer and spokesperson, with full authority and responsibility for supervising Association affairs, subject to the ultimate review, direction and control by the Executive Board and Association Bylaws.
Item 3.1.J.(2). The Recording Secretary shall be the Chief Administrative Officer with responsibility for (1) keeping complete, accurate records of the names and addresses of the Executive Board and general membership; (2) keeping complete, accurate minutes of Executive Board and General Membership Meetings; (3) distributing minutes of Association meetings to the Executive Board at least five days prior to the next Executive Board meeting; (4) noticing of meetings, elections or other actions required by these bylaws or otherwise directed by the Executive Board; (5) maintaining a complete accurate set of Bylaws and any Standing Rules; and (6) distributing membership renewal notices.
Part 3.l.J. (3). The Treasurer shall be the Chief Financial Officer who shall (1) have custody and control of all Association funds; (2) keep all necessary records and accounts of income, monies, accounts, gifts, contributions, pledges, receipts, disbursements, expenditures, assets and liabilities; (3) comply with applicable provisions of federal, state, or local regulations and laws dealing with same subject; (4) maintain records of compliance with applicable regulations and laws, and (5) report Association financial status at every regular Executive Board and regular General Membership Meeting. The signature of the Treasurer shall be required on all checks or other debt instruments; the signature of a second Executive Board member, to be designated by the Executive Board in advance, shall be required on all checks or other debt instruments in excess of $200.00. Records and accounts of the Treasurer shall be subject of an independent audit at least once each fiscal year.
Part 3.l.K. Executive Board Meetings. The Executive Board shall meet once each month in regular meetings, except that the Executive Board may dispense with up to two regular meetings each membership year. Special meetings of the Executive Board may be called, upon proper notice, at any time by the President or by any three other Executive Board members. Association members shall be permitted to observe Executive Board meetings and address issues reasonably related to Association purposes.
Part 3.l.L. Notices. The date, time, and place for Executive Board meetings shall be established by the Executive Board, provided that the date, time, or place for any meeting may be altered or specially set by the Executive Board at any time. The Executive Board shall be presumed to have notice of any regularly scheduled meeting, provided that the date, time, and place of the meeting have not changed from those previously established. In the event of a special meeting, the Recording Secretary shall notice each Association member at least seven days in advance specifying the date, time, and place of the meeting and proposed agenda.
Part 3.l.M. Defects in Notices. Executive Board actions shall be valid as if the meeting had been properly called and noticed, regardless of defects in the call or notice, provided a quorum was present and the minutes of that meeting are later approved by the Executive Board.
Part 3.1.N. Quorum. A quorum shall consist of any five Executive Board members. Once a quorum is achieved for a meeting it shall not be broken by departure of members who made the quorum, so long as at least five members remain, and provided that chairman is a resident property owner.
Part 3.l.O. Adoption, Approval, Confirmation, and Ratification. Except as otherwise provided herein, approval of a motion shall be upon affirmative vote of a simple majority of the Executive Board members who are present at a properly called and noticed meeting at which a quorum is present.
Part 3.l.P. Proxies. Proxy voting shall not be permitted.
Part 3.l.Q. Emergency Decision Making. To the greatest extent possible, all decisions relating to matters within Executive Board jurisdiction shall be made by vote in properly called and noticed Executive Board meetings. In the event the President determines special circumstance renders a properly called and noticed Executive Board meeting to be impractical, the President shall have full authority to make interim decisions for the Executive Board. The President shall, to the extent possible and practical, notify the Executive Board in advance of any action contemplated. Before taking any action, the President shall consider any responses from the Executive Board. Interim action taken by the President shall be communicated to the Executive Board not later than the next business day. At the next regular or special Executive Board meeting, the Executive Board shall consider interim action taken by the President and take appropriate action thereon.
Part 3.l.R. Compensation. Executive Board members shall not receive any fee, salary, or other compensation for service on the Executive Board.
Section 3.2. General Membership
Part 3.2.A. Eligibility. Membership shall be open to any person at least eighteen years of age who either (1) resides in Belmont Shore, or (2) is an owner of residential property in Belmont Shore. Except as noted in Item 3.2.E.(5) below, there shall be no other qualification or restriction on membership.
Part 3.2.B. Categories. General membership shall be the only membership category.
Part 3.2.C. Dues. Dues shall be payable on an annual basis and shall cover one family or residential unit, except that if more than one membership is desired for voting purposes, payment of multiple memberships per family or residential unit shall be permitted, one membership per person who is otherwise eligible for membership.
Part 3.2.D. Voting Privileges. Only members in good standing shall vote in Association affairs, with each paid membership entitled to one vote.
Part 3.2.E. Termination.
Item 3.2.E.(1). Members may voluntarily resign at any time upon written notice, effective upon receipt of such notice.
Item 3.2.E.(2). Membership shall expire upon a member's death, except that an otherwise qualified family member may assume that membership without additional fee.
Item 3.2.E.(3). Members shall forfeit membership for failure to maintain eligibility outlined in Item 3.2.A. above.
Item 3.2.E.(4). Membership shall lapse upon failure to remit dues within forty-five days of each membership year.
Item 3.2.E.(5). The Executive Board shall expel a member for cause upon two-thirds (2/3) vote that the member's action is inimical to the Association. The Executive Board shall provide written notice to a member subject to expulsion, specifying determination of cause, at least fifteen days prior to the effective expulsion date, thereby suspending membership. A suspended member shall (1) be a member not in good standing, and (2) be entitled to request reconsideration by presenting mitigating facts to the Executive Board during the suspension period. A former member expelled for cause shall be ineligible for new membership for six months after expulsion.
Part 3.2.F. Refunds. Full, partial, or pro rata refund of terminated membership dues for any reason, including resignation, expiration, forfeiture, expulsion, or suspension, shall not be permitted.
Part 3.2.G. Representation. General membership shall not include the right to represent the Association without specific prior Executive Board approval.
ARTICLE 4
Eligibility to Participate or Benefit
Any person, organization, association, agent, agency, or enterprise shall be permitted to contribute to, benefit by, or receive a contribution, donation, or expenditure from the Association, regardless of membership status. Voting privileges shall accrue only to members in good standing as defined elsewhere in these bylaws.
ARTICLE 5
Administration
Section 5.1. Fiscal Year.
The fiscal year of the Association shall be October 1 through September 30 of the following year.
Section 5.2. Membership Year.
Membership shall be on an annual basis beginning October 1 and ending the following September 30. New membership dues and applications received in the first ten months of a membership year shall apply to the then current membership year, be effective on receipt, and not be pro rated. New membership dues and applications received during the eleventh or twelfth membership months shall be effective upon receipt through September 30 of the following year.
Section 5.3. Change in Dues.
A change in dues shall be approved by the Executive Board.
Section 5.4. Records Inspection.
Accounting books and records of the Association, except membership records, shall be open to inspection (1) by any member in good standing, (2) for a purpose reasonably related to Association membership, (3) upon written request signed by the member, (4) with such request indicating specific Association books or records of interest, (5) with such request stating the purpose for the request, (6) with such request identifying any distribution or dissemination beyond the requesting member, and (7) with such request indemnifying the Association and or Association members for any and all damages which may result from access to Association books and records. The requesting member then may either (1) personally inspect or copy records of interest at a mutually agreed to time and place, or (2) obtain from the Recording Secretary upon tender of reasonable fee, copies of records of interest. The Executive Board shall deny inspection rights if it determines such request is based on financial, commercial, political or personal gain.
Section 5.5. Association Address.
The Association shall maintain a U.S. Postal Service mail box for receipt of correspondence.
ARTICLE 6
General Membership Meetings
Section 6.1. Regular Meetings.
Regular meetings of Association members shall be held each membership year at the discretion of the Executive Board. Members shall be noticed in writing one month prior to a regular General Membership Meeting, specifying the date, time, and place of the meeting, and proposed agenda.
Section 6.2. Special Meetings.
Special meetings of Association members may be called by the Executive Board, or must be called within seven days upon written petition to the Executive Board by twenty-five per cent (25%) of the membership or fifty members, whichever is less. Special General Membership Meetings shall be called by written notice delivered to the membership at least seven days prior to the meeting, specifying the date, time, and place of the meeting, and proposed agenda.
Section 6.3. Quorum.
A quorum shall consist of twenty-five per cent (25%) of the membership or twenty-five members, whichever is less.
Section 6.4. Proxies.
Proxy voting shall not be permitted.
Section 6.5. Initiative Process.
At any General Membership Meeting and for any lawful purpose other than amending Bylaws and dissolution, a member in good standing may submit an initiative motion and have action taken on the initiative motion during that meeting, specifically waiving prior notice to present and absent members of pending action, provided that the meeting was properly noticed and a quorum is present. An initiative motion shall be any motion concerning a subject that is not stated on the meeting agenda in advance of the meeting. An initiative motion shall be approved by affirmative vote of two-thirds (2/3) of the members who are present, with abstentions counting against passage of the initiative motion.
Section 6.6. Adoption, Approval, Confirmation, and Ratification.
Except as otherwise provided in the Bylaws, approval of a motion shall be obtained upon affirmative vote of a simple majority of members who are present at a properly noticed meeting at which a quorum is present.
ARTICLE 7
Nominations and Elections
Section 7.l. Nomination.
Nomination of candidates for the Executive Board for the next fiscal year shall be made at the August meeting. Nomination of a candidate for the Executive Board may be made by any member.
Section 7.2. Procedure.
The President shall appoint an Election Committee to conduct the election of the Executive Board. The Chair of the committee shall be the Recording Secretary. A General Membership Meeting shall be held during the last month (September) of the membership year. The election of the Executive Board shall be conducted at this meeting by the Election Committee. Elections shall be by secret, written ballot unless there is no more than one nominee for each office, in which case a voice vote shall be allowed. Votes are allowed only for candidates who were nominated at the August meeting. Election of a candidate shall be by affirmative majority vote of members present at the election, except that no candidate shall be elected with fewer than ten votes.
Section 7.3. Installation.
The newly elected Executive Board shall assume office on the first day of the month immediately following the election. The newly elected Executive Board shall replace the previous Executive Board in its entirety.
ARTICLE 8
Amendment of Bylaws
Association bylaws shall be amended by affirmative vote of two-thirds (2/3) of the members who are present at any properly called and noticed General Membership Meeting, provided a quorum is present and the meeting notice included pending Bylaws amendment action.
ARTICLE 9
Parliamentary Authority
Rules contained in the current edition of Roberts' Rules of Order, Newly Revised, shall govern the Association in all cases to which they are applicable and in which they are not inconsistent with these Bylaws and Standing Rules the Association may adopt.
ARTICLE 10
Dissolution
Section 10.1. Procedure.
The Association may be dissolved either by the Executive Board or general membership, depending on the size of Association membership. If there are one hundred or more Association members, then dissolution shall be approved by two-thirds (2/3) vote of Association members who are present at a regular or special General Membership Meeting at which a quorum is present; if there are ninety-nine or fewer Association members, then dissolution shall be approved by two-thirds (2/3) vote of Executive Board members who are present at any regular or special Executive Board meeting at which a quorum is present. In either circumstance, no dissolution action shall be taken unless notice of the meeting at which the vote is proposed included a notice of proposed dissolution.
Section 10.2. Asset Disposition.
In the event of dissolution, all Association assets remaining after payment or provision for Association liabilities shall be distributed to one or more organizations to be designated by the Association's body (Executive Board or general membership as discussed in Section 10.1 above) approving dissolution at the time of the vote to dissolve the Association, provided that recipient organization is structured in a way that no individual can profit from such distribution.
Certified to be the true and complete Bylaws of the Belmont Shore Residents Association, as adopted by vote of the general membership.
Jeff Miller
Recording Secretary
March 13, 2014