BAYSIDE ACRES HOMEOWNERS ASSOCIATION BYLAWS
Adopted November, 1951
Amended
October 20, 2005
Amended February 12, 2009
I.
NAME
The name of this organization
shall be THE BAYSIDE (ACRES HOMEOWNERS ASSOCIATION.
II.
PURPOSE
The purposes of this Association
are:
a.
To encourage and promote the improvement, maintenance and
preservation of the areas designated on the official maps of Marin County as
BAYSIDE ACRES SUBDIVISION as an attractive and safe residential district;
b.
To represent its Members to other organizations and
governmental agencies relating to any issues, events, projects or other
activities both within the Bayside Acres Subdivision and in the surrounding
community that impact its Members; and
c.
To encourage and promote cooperative action by, and
communication among, the Members of this Association towards the
accomplishments of these objectives.
III.
MEMBERSHIP
All parcel owners in the Bayside
Acres Subdivision are eligible for membership in this Association. All owners
of one parcel are collectively considered a “Member” and one membership is
available for each parcel within the Subdivision. Each such Member is entitled to one (1) vote. A parcel owner
becomes and shall remain a Member of this Association upon the annual payment
of dues to the Treasurer of this Association.
Any Member may resign at any time
by written notice to the President or to the Secretary. A Member whose property is sold shall
automatically cease to be a Member.
If in any given fiscal year, a
Member should resign and then choose to re-apply for membership in that same
year, it shall be as if that Member had not activated their membership in that
year and dues must be paid again.
IV.
DUES
The fiscal year for the
Association shall be from April 1 to March 31. Dues shall be payable annually as of
the first day of the fiscal year. Dues
shall be set and may be changed from time to time by majority vote of those present
or by proxy at a membership meeting. Dues are non-refundable and shall be set
on a per-Member basis.
V.
MEETINGS
Meetings of the Association shall
be held on call of the President, by any two members of the Board, or upon
petition to any officer of the Board by at least 10 Members of the Association.
Notice of meetings shall be sent at least 14 days in advance to all Members by
e-mail or fax, if possible, or by regular mail if not.
A minimum of one meeting of the
Association shall be held each year for the election of Board members to
expired terms and the setting of dues for the coming fiscal year. Unless circumstances dictate a change,
the Association meeting for the election of Board members, setting of dues and
other business of the Association shall occur in the fourth quarter of the fiscal year. The date of this meeting
shall be set by the Board, and Membership notification by e-mail, fax or
regular mail shall occur no later than 2 weeks before the meeting.
Meetings shall be held at a place
designated by the President or by another officer of the Association in the
absence of the President. Location
of an Association meeting shall be within the Bayside Acres Subdivision if at
all possible or, otherwise, at a location nearby.
A vote of a majority of the
Members present at any meeting either in person or by written proxy shall be
determinative upon matters coming before the meeting with the exception of
assessments (Section IX) and modification to these bylaws (see Section X). Such majority may delegate to the Board
of Directors, or to Members and Committees selected by the Association or by
the Board, such Association matters as approved by the Members.
At the discretion of the Board of
Directors matters deemed not sufficient in importance to require a membership
meeting may be submitted to the Members for ballot by e-mail, fax or regular
mail.
VI.
BOARD OF DIRECTORS
The Association shall have a Board
of Directors (the “Board”) consisting of 9 Members elected by the membership at
an Association meeting held in the fourth quarter of the fiscal year.
Nominations for Board membership
shall be submitted to the Board prior to that meeting or at that meeting prior
to the vote. To be valid, nominees to the Board must accept their nomination
either in writing or verbally to a Board member.
A Board member shall be elected
for a three-year term. The terms
shall be staggered so that three Board positions expire at the end of each fiscal year. A Member may be elected to the Board without
limit to the number of terms served. Board members shall serve without
compensation.
A Board member shall be removable
at any time by a vote of a majority of the entire membership. Any vacancy on
the Board shall be filled for the unexpired term by a majority vote of the
Board for the unexpired term.
VII.
OFFICERS, DUTIES OF OFFICERS
The Board shall elect from among
the Board members the following Officers to serve one-year terms: a President, Vice-President, Secretary and Treasurer.
The President shall preside over
the meetings of the Association and the Board and in his absence the Vice-President
shall preside. Meetings of the
Board shall be called by the President, the Vice-President or two Board
members.
The Secretary shall keep minutes
of the Association and Board meetings and shall keep the records of the
Association.
The Treasurer shall collect dues
from the Members and disburse Association funds as directed by the Board and/or
vote of the membership.
VIII.
EXPENSES,
FINANCIAL REVIEW
The Board shall be authorized to incur
expenses for records, stationary, postage, Association events, room rental for
Association meetings, and normal operating costs or other costs within the
limits of the funds available to the Association and approved by the Board.
The Board shall appoint a
Financial Committee consisting of 2 Members who are not on the Board. The Financial Committee shall review
the books of the Association and provide a report to the Membership in the
first quarter of each fiscal year.
IX.
ASSESSMENTS
No expenses, other than those
defined in Section VIII, shall be incurred, and no obligation or liability
shall be assumed by the Board or any Member, for, or on behalf of, the
Association or its Members without authorization by a vote of a majority of the
entire membership, voting by e-mail, fax, in writing or at a meeting of the
Association. In the event of an assessment, any Member may avoid payment of the
assessment by resigning.
X.
AMENDMENTS
These bylaws may be amended at any
time by the vote or written assent of Members constituting two-thirds of the
entire membership.
