JUNE 2008

BY-LAWS OF PEBBLE BEACH HOMEOWNERS ASSOCIATION

 

Article I††††††††††††††††††††††††††††††††††††††††††††††††††††††††† ††††† Name

The name of the Association is Pebble Beach Homeowners Association Inc. hereinafter referred to as PBHOA or Assoc.

 

Article II†††††††††††††††††††††††††††††††††††††††††††††††††††††††† ††† Purpose

The purpose for which this non-profit 501c3 PBHOA is formed are:

(a)    To promote and protect the general welfare of the members in their use and enjoyment of the waterways and access to the bay and ocean.

(b)   To encourage social activities among members and to improve water access and quality.

(c)    To encourage and support participation in civic and entertainment activities in the community.

(d)   To assist ill, disabled or needy members in any way possible.

(e)    To raise funds to benefit the community, improve water access and quality (i.e., chemical and/or bacterial pollutants) and to reduce silting.

 

Article III††††††††††††††††††††††††††††††††††††††††††††††††††††††

Section 1†††††††††††††††††††††††††††††††††††††††††††††††††††††††† Membership

Membership in the Assoc. shall be by household .Any owner of a property located within the area shown and described on the composite filed maps for Pebble Beach Section, Township of Ocean and Barnegat, NJ, approved by the Ocean Township and Barnegat Planning Board which maps are filed in the office of the Clerk of Ocean County, New Jersey is automatically qualified to become a member of the Assoc.

(a)      All members shall, upon payment of the required dues, enjoy full benefits and privileges of the Assoc., be eligible to hold elective office, and be entitled to one vote per household.

(b)      All family members permanently residing with members in good standing and guests of members in good standing shall be entitled to participation in association activities.

(c)      Each household shall provide the Assoc. with an address for notification.If no address is provided, the address of the PBHOA shall be deemed the address for all notifications.

 

Section 2†††††††††††††††††††††††††††††††††††††††††††† ††† Qualifications for Membership

Membership in PBHOA is accepted upon application and paid yearly dues.No person who is otherwise eligible shall be denied membership by reason of race, creed, color, ethnic background or sexual preference.

 

Article III

Section 3†††††††††††††††††††††††††††††††††††††††††††† ††† Eligibility for Elective Office

All members, in good standing, are eligible to hold elective office and appointment to committees.However, only one member of a household may hold elective office at any one time.

 

Article IV

Section 1 ††††††††††††††††††††††††††††††††††††††††††† †††Regularly Scheduled Meetings

The Annual Membership Meeting of the Assoc.shall be held in the month of June at a time and place designated by the Board of Directors.The General Membership Meetings of the Assoc.shall be periodically determined by the Board of Directors. Regular Board meetings will be held at a time and date specified by the Board.Attendance of Board meetings is available to each member of the Association following prior contact and approval of the President of the Association.

 

Article IV

Section 2†††††††††††††††††††††††††††††††††††††††††††† †††††††††††† Special Meetings

The President may call a special meeting with the approval of a majority of the Board of Directors.It shall be mandatory for the President to call a special meeting upon receipt of a written request signed by 10 members of the Assoc.specifying the reason for such meeting.Such meeting shall be called within thirty (30) days of receipt of the request unless a regularly scheduled meeting falls within this period and if, in the Presidentís judgment, the matter can be taken up at the next scheduled membership meeting.

 

Article IV

Section 3†††††††††††††††††††††††††††††††††††††††††††† †††††††††††† Notice in Writing

Notice in writing of any and all General Membership Meetings and the Annual Membership Meeting of the Assoc. must be mailed first class or otherwise delivered at least ten (10) calendar days prior to the date of the meeting.These notices will include any known issues requiring a vote.

 

Article IV

Section 4†††††††††††††††††††††††††††††††††††††††††††††††††††††††† Quorum

(a)    No business shall be transacted at any meeting of the Assoc. unless a quorum is present.

(b)   Fifteen (15%) percent of voting households in good standing (all dues paid) present shall constitute a quorum at all General Membership and Annual Meetings.

(c)    A majority of the members of the Board shall constitute a quorum at a Board meeting.At any meeting of the Board any action taken must have the approval of a majority of the members present.

 

Article IV

Section 5†††††††††††††††††††††††††††††††† ††††††††††† ††††††††††† †††††††††††Democratic Vote

(a)    A simple majority of eligible households present (or represented by proxy or absentee ballot) and voting will indicate a favorable vote on all matters, except as otherwise provided herein, if properly moved and seconded, and approved by the membership.Each household in good standing represented at the meeting of the Assoc. shall be entitled to one vote.

(b)   At all meetings of the Assoc. and the Board, the presiding officer shall determine the manner in which the issue presented shall be voted upon.

Article IV

Section 6†††††††††††††††††††††††††††††††††††††††††††† †††††††† Order of Business

The order of business at all regular or special meetings of the Assoc. shall be as follows:

(a)    Call to order by the presiding officer

(b)   Pledge of Allegiance to the Flag of the United States of America

(c)    Roll Call by the Secretary, following which the Second Vice President or Secretary shall report to the presiding officers the number of eligible voting households present and whether or not a quorum is present.A sign-in sheet may take the place of a roll call.

(d)   Minutes of the last meeting

(e)    The treasurerís report

(f)     Committee reports

(g)    Correspondence

(h)    Unfinished Business

(i)      New Business

(j)     Discussion

(k)   Adjournment††††††††††††††††††††† ††

 

Article IV

Section 7†††††††††††††††††††††††††††††††††††††††††††† Non payment of Assoc. Dues

All privileges and benefits of the Assoc. will be suspended if a household is not in good standing.

 

Article V

Section 1

The Board will be comprised of nine Directors elected for 3-year terms with three Board positions standing for election each year.

 

(a)    Each member of the Board may be re-elected, not to exceed two (2) consecutive terms of three years except as stated in Article V section 1, Par (c) below.

(b)    At the first Board meeting of each new fiscal year, the Board will elect by majority vote the officers which will include President, First Vice President, Second Vice President, Treasurer and Secretary.

(c)    If the Nominating Committee decides that the best candidate for a position is the incumbent then the incumbent may, if he/she so desires, run for additional terms.Nominations by Written Petition will be in accordance with Article VII, Sec 1 Par (d) of these by-laws.No nominations will be accepted from the floor.

 

Article V

Section2††††††† †††††††††††† Administrative Control and Management of the Assoc.

The administrative control and management of the Assoc., its affairs and property, shall be vested in the Board of Directors, except as directed by a majority vote of the membership and as noted elsewhere in these by laws.

 

Article V

Section 3†††††††††††††††††††††††††††††††††††††††††† Duties of the Board of Directors

The Board shall:

(a)    Be responsible for controlling all expenditures within the budget approved by the membership.No expenditures which constitute a sizeable outlay of unbudgeted funds shall be made outside of, or beyond the approved budget without the approval of the membership.

(b)    Expenditures for sudden emergencies which must be addressed immediately, and which are not fully covered by contingency appropriations in the budget may be made with Board approval.

 

Article V

Section 4

A majority of the members of the Board shall constitute a quorum.At any meeting of the Board any action taken must have the approval of a majority of the members present.

 

Article V

Section 5

Members of the Board shall take office and assume the duties of their respective offices at the June meeting.

 

Article V

Section 6

When a vacancy occurs on the Board, the remaining members of the Board may, by majority vote, elect a member of the Assoc. to fill the vacancy until the term vacated expires.

 

Article V

Section 7

At the request of the Board, or at the written request signed by 15% of voting households in good standing, any Board or Association member who is convicted of a felony or engages in public acts or activities that are inconsistent with the purpose of the Association shall be removed from office by majority vote of the Board.

 

Article V

Section 8††††††††††††††††††† ††††††††††††††† No payment for Services

No officer or director shall be paid for services rendered.Reimbursement for Board-approved out-of-pocket expenditures on behalf of the Assoc. is permitted.

 

 

 

 

Article VI

Section 1†††††††††††††††††††††††††††††††††††††††††††††††††††††††† Officers

The officers of the Assoc. shall be the President, First Vice President, Second Vice President, Secretary, and Treasurer.Officers and Directors may appoint assistants of their own choosing to help them in discharge of their duties.Under no circumstances shall such assistants have voting privileges on the Board.

 

Article VI

Section 2†††††† ††††††††††††††††††††††††† †††††Duties of the President

(a)      Be Chairman of the Board

(b)     Be the presiding officer at all regular and special PBHOA meetings and entitled to vote as a member of the Board

(c)      Be an ex-officio member of all committees

(d)     Submit a proposed budget for the ensuing fiscal year to the membership for

adoption at the June meeting

(e)      Appoint all standing committee chairpersons at the June meeting, except for the Nominating Committee, which is formed at a prior meeting.

(f)       Appoint such other committees as required

 

Article VI

Section 3†††††††††††††††††††††††††††††††† †††††††††††††††† Duties of the First Vice President

The First Vice President shall:††††††††††††††

(a)    Act as presiding officer in the absence of the President

(b)    Be chairperson of the Social and Entertainment Committee (Ref. Article VII, Section 1a)

(c)    Perform such other duties as may be assigned by the President††††††

 

Article VI

Section 4†††††††††††††††††††††††††††††††† †††††††††††††† Duties of the Second Vice President††††††††

The Second Vice President shall:

(a)      Act as presiding officer in the absence of the President and First Vice President

(b)     Be chairperson of the Membership Committee (Ref VII, Section 1b)

(c)      Maintain the official roster of membership of the Assoc. with inclusive dates of membership

(d)     Furnish a current membership list to the tellers committee ahead of any written ballot voting issue

(e)      Perform such other duties as may be assigned by the President

 

Article VI

Section 5††††††††††††††††††††† ††††††††††††††††††††††††††Duties of the Treasurer

The Treasurer shall:

(a)    Have custody of all monies or funds belonging to the Assoc.

(b)    Pay bills or other obligations of the Assoc. when approved by the Board or as directed by a majority vote of the membership. Taxes and statuary license fees shall be paid as received and due. All requests for payment must be accompanied by a voucher explaining the reason for expenditure.

(c)    File on or before their due date such tax or corporate reports as are required by Federal or State statues.

(d)    Furnish a financial Report at the regular Board and all membership meetings.This report may be examined by any member of the Assoc. upon request.

(e)    If needed be bonded up to an amount set by the Board, the cost of said bond to be borne by the Assoc.

(f)      Prepare budget for review by the Board and presentation at the annual meeting.Provide a copy of the proposed budget upon request as approved by the Board to each member in good standing for approval by written ballot.

(g)    Perform all other duties that customarily pertain to the office or as may be assigned by the President.

 

Article VI

Section 6†††††††††††††††††††††††††††††††††††††††††††† Duties of the Secretary

The Secretary shall:

(a)    Record and preserve the minutes of all official membership and Board of Directors meetings.Provide one copy to each Board member following each meeting.

(b)   Perform all other duties that customarily pertain to the office or may be assigned by the President.

 

Article VII

Section 1†††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Committees

The President shall appoint all committee chairpersons as hereinafter provided.The ultimate authority and responsibility for all committee business lies with the Board of Directors.There shall be the following five standing committees: (a) Social and Entertainment, (b) Membership, (c) Audit, (d) Nominating, (e) Ways and Means.

 

†††††††††††† (a) Social and Entertainment:

†††††††††††††††††††† This committee shall be chaired by the First Vice President and shall plan and schedule any social activity for the membership.All social and entertainment programs shall be subject to Board approval.

†††††††††††††††††

††††††††††††††††††††††††††††††††††† (b)†† Membership

††††††††††††††††††††††††††††††††††††††††††††† This committee shall be chaired by the Second Vice President and shall be responsible for renewal memberships.It shall (1) maintain a complete and up to date record of names; addresses and telephone numbers of all members, including a historical record of the dates dues were paid yearly, since January 1, 2003.(2) Render statements on or before July 1st for annual dues, which are due and payable on July 1st of the coming year.Take action as necessary to notify members of their delinquency. (3) Collect all dues owing to the Assoc. and forward same to the Treasurer.(4) Perform other such duties as may be assigned by the President.

 

 

 

††††††††††††† (c)†† Audit

††††††††††††† This committee consisting of at least three (3) members who shall audit the finances, books and records of the Assoc. and report thereon to the membership at the June meeting.

 

††††††††††††† (d)††† Nominating

†††††††††††††††††††† This committee shall consist of five (5) members of the Assoc., two (2) of whom shall be appointed by the President and three (3) of whom shall be elected at the June meeting by the membership.The President shall appoint the Chairperson.The Nominating Committee shall submit a list of candidates for the elective offices at the June meeting.The Nominating Committee shall list one or more names for each office to be filled.Additional nominations for any office may be made by means of a written petition signed by 15% of voting households and submitted to the Nominating Committee by June1st to be included on the printed ballot.A ballot

listing the names of all candidates for each office shall be hand delivered, e-mailed

or mailed first class by the Secretary at least ten (10) days prior to the June meeting to each voting household. All the nominations shall be closed by June1st.If there should be no nominations by written petition, and if the Nominating Committee selects only one candidate per office, then the Secretary will be asked to cast one ballot for the election of the slate.

†††

†††††††††††††† (e) Ways and Means†††

††††††††††††††††††††††††††† This committee shall schedule, conduct and promote fund raising activities as deemed necessary by the Committee or the Board.

 

(f)       Waterways Committee

 

†† This committee shall address but not be limited to 1) issues relating to lagoon access and waterways, 2) water quality and turnover, 3) bulkhead standards and dock requirements, and 4) depth and debris in the lagoon mouth areas.

 

 

Article VII

Section 2

Committee Chairpersons shall appoint members of their own choosing to their respective committees.

 

Article VII

Section 3

(a)    Special Committees may be appointed by the President, acting on his or her own initiative or by direction of the Board or the Membership.

(b)   Chairpersons of Special Committees shall render their reports to the President as requested.

 

Article VII

Section 4

The President or Committee Chairperson shall report to the membership upon the activities of all committees at general and annual meetings.

 

Article VIII

Section 1†††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Assoc. Dues

Assoc. dues shall be used for the operation of the Assoc. The amount shall be determined by the Board based upon the budget approved by the membership.

 

Article VIII

Section 2

Assoc. dues shall become due and payable on July 1st of each year.Dues notices shall be mailed or otherwise delivered no later than June 1st of the prior year.††††††††††††††

 

Article VIII

Section 3

Dues paid are non-refundable except by action of the Board.

 

Article IX

Section 1††††††††††††††††††††††††††††††††††††††††††††††††††† General Provisions

The proceeding of all meetings of the Assoc. shall conform to the provisions of these by-laws and Robertís Rules of Parliamentary Procedure.

 

Article IX

Section 2

The Assoc.ís fiscal year shall start on July 1st and end on June 30th.

 

Article IX

Section 3

Written ballots, delivered to each voting member shall be used for:

(a)    Election of directors whenever more than one name is in nomination for any office.

(b)    All proposed changes in the by-laws

(c)    Approval of proposed budget.

(d)    To vote on any proposal, issue, or question which constitutes a sizable outlay of unbudgeted fundsor unusual change in Assoc. practice.††††††††††††††††††

(e)    Removal of a member of the Board.

††††††††††† (f) Dissolution and liquidation of the Assoc.

 

Article IX

Section 4††††††††††††††††††††††††† ††††††††††††††††††††††††Formal Written and Absentee Ballots

(a)        Ballots submitted by members not able to attend a meeting are considered absentee ballots and of properly submitted will be tallied in the vote.To obtain an absentee ballot, the member must make the request from the Secretary no later than ten (10) days prior to the meeting, except in cases of emergency.Only the approved Absentee Ballot form may be used. The Secretary shall maintain a stock of absentee ballot forms.

(b)        The completed and signed absentee ballot must be delivered to the Secretary prior to the starting hour of the meeting at which the issue is being voted on.The absentee ballot may be mailed or hand delivered but must be received by the Secretary prior to the starting hour of the meeting.

(c)        Absentee ballots must be sealed in a plain envelope.The envelope must contain the signature of the voting member casting the vote and the residenceís property address.††††

(d)        Formal Written Ballots require the appointment of a Nominating Committee of three (3) members, appointed by the presiding officer, to verify, certify and count all Formal Written Ballots.The Second Vice President shall furnish the Nominating Committee with an up-to-date list of all eligible paid members for their use in validating the ballots.The presiding officer shall furnish detailed written instructions to the Nominating Committee.

(e)        Challenged ballots shall be referred to the Nominating Committee for validation.

(f)          The Nominating Committee shall certify the final results to the presiding officer.†††††††

 

 

Article IX

Section 5†††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Annual Budget

(a)       The proposed budget shall be posted or otherwise delivered to each member in good standing, following its tentative approval by the Board at the June meeting.

(b)      The proposed budget will be considered approved following an affirmative vote by hand or voice of a simple majority of eligible voting members.The process should be completed and the results known by the Annual meeting in June.††††

(c)       The existing budget shall remain in effect until June 30th, or until the new proposed budget is approved.

 

 

 

Article X

Section 1†††††††††††††††††††††††††††††††††††††††††† †††††††††††††††Dissolution and Liquidation

(a)       Dissolution and liquidation of PBHOA, Inc shall be effected only upon approval of two-thirds (2/3) majority vote of the members in good standing. (See Article III, Section1).Voting shall be in accordance with Article IX, Section 3 & 4.

(b)      All assets of the Assoc. shall be donated to a charitable or other non-profit organization as approved by the Board.

(c)       Former members have no entitlement rights.

 

Article XI

Section 1†††††††††††††††††††††††††††††††††††††††††††††††† †††††††††††††††††††††††Amendments

(a)      Amendments to these by-laws may be proposed by the Board of Directors or the written petition signed by fifteen (15%) of the households in good standing.The proposal shall be presented to the President, who shall present it to the membership for action at the next general or special meeting of the Assoc.

(b)     A written notice, containing proposed amendment(s), stating the time and place of the meeting for the purpose of acting on the proposed amendment(s) shall be mailed by first class mail or delivered to each member entitled to vote to the address of record for notification at least twenty (20) days prior to said meeting.

†††††††††††† (c) Any proposed amendment to the by-laws shall be adopted upon affirmative vote of two thirds (2/3) of the votes cast by all households in good standing by formal written ballot.

 

Article XII

Section 1†††††††††††††††††††††††††††††††††††††††††††††††††††††††† Responsibility of Membership

Members are responsible for the financial obligations, conduct, and liability of themselves, their guests, and other members of their households and their guests.

 

Article XII

Section 2

Under no circumstances shall these by-laws be circumvented.††††