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.
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.
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.
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.
Section 1 Regularly
Scheduled Meetings
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 President’s judgment, the matter can be taken up at the next scheduled
membership meeting.
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.
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.
(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
treasurer’s report
(f)
Committee
reports
(g)
Correspondence
(h)
Unfinished
Business
(i)
New
Business
(j)
Discussion
(k) Adjournment
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.
Section 2 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.
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.
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.
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.
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
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.
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.
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.
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.
Section 3
Dues paid are non-refundable except by action of the Board.
Section 1 General
Provisions
The
proceeding of all meetings of the Assoc. shall conform to the provisions of
these by-laws and Robert’s Rules of Parliamentary Procedure.
Section 2
The
Assoc.’s fiscal year shall start on July 1st and end on June 30th.
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
funds or unusual change in Assoc.
practice.
(e)
Removal
of a member of the Board.
(f) Dissolution and liquidation of the Assoc.
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 residence’s 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.
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.
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.
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.
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.
Section 2
Under no circumstances shall these by-laws be
circumvented.