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BY-LAWS
of the CARROLLTON MANOR IMPROVEMENT ASSOCIATION |
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Article
I - Board of Directors
Section
1: As provided for in Article VII, Section 1, of the Constitution,
the governing body of this Association shall be the Board of
Directors, elected in accordance with Article I of these Bylaws.
Section 2: The Association's
Board of Directors shall consist of the offices of President,
Vice-President, Secretary, Treasurer, and two Directors,
elected from the six (6) Directors-at-Large, and the chair
of the CMIA Hillbottom Pier Committee, as provided in the
CMIA Constitution, Article VII, Section 4.
Section 3: Should any member
of the Board of Directors absence him or herself from three
consecutive monthly meetings of the Board of Directors without
valid cause in the opinion of the Board of Directors, his
or her office may be declared vacant on vote of the majority
of all members of the Board of Directors.
Section 4: Five members of the Board of Directors
shall constitute a quorum at all Board of Directors meetings.
Section 5: The Board of Directors may reverse
by a two-thirds (2/3) vote any action taken by the President
of the Association.
Section 6: All officers
except the President have the right to vote on all issues
involving the Association, the President shall vote only
in the case of a tie.
Section 7: The order of
succession and to preside at all meetings of the Association
shall be as follows: President, Vice-President, Secretary,
Treasurer, any board member, and any member selected by
those present at the meeting.
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Article
II - Election of Officers, Directors
A.
Nominations
Section 1: At a regular
meeting three months prior to the Annual Meeting for election
of Officers and Directors, the presiding officer shall appoint
a nominating committee to select a candidate for each office
provided for in the Constitution, to be presented one month
prior to the regular election.
Section 2: Nominations for each Director may
also be made from the floor on the day that the election is
held.
Section 3: The nominations
made shall be placed on a ballot in alphabetical order under
each office and shall be voted upon at the Annual Meeting.
B. Elections
Section 4: The candidates
for Directors-at-Large receiving a majority of the votes
shall be declared elected to the Board of Directors. If
none of the candidates gets a majority of the votes cast,
an immediate run-off election of the top two candidates
will determine the election.
Section 5: At the first
Board of Directors meeting following the Annual Meeting,
the Board will elect a President, Vice-President, Secretary
and Treasurer from all of the Directors in good standing
except for the Hillbottom Pier Committee Chairman.
Section 6: Any candidate
for office must be present at his or her nomination and
election unless excused by the membership from the meetings
in which nominations are made and/or election is held. If
a Candidate cannot be present for his/her nomination, he/she
must state his or her willingness to serve to the President
before the date of the election.
Section 7: If the ballot
for election to any office should result in a tie between
two or more candidates, one run-off ballot shall be held
to break the tie. if the run-off ballot results in a tie,
all the candidates nominated for said office will vote by
secret ballot to break the tie. If the ballot again results
in a tie, the office will be held open until the next regular
meeting, at which time the membership will vote to break
the tie.
C. Terms of Office and Vacancies
Section 8: The terms of
the Directors shall be three (3) years, with staggered terms,
so that no more than two (2) Directors are elected each
year, vacancies excepted. Directors who are elected as the
Officers (President, Vice-President, Secretary and Treasurer
) shall serve one (1) year in the office. At the first Annual
Meeting following the ratification of these amendments to
the Bylaws, two (2) Directors-at-Large will be elected for
a one year term, two (2) Directors-at-Large will be elected
for a two year term, and, two (2) Directors-at-Large will
be elected for a three year term.
Section 9: Any vacancy in
any office except President or Vice-President shall be filled
temporarily by action of the remaining members of the Board
of Directors, and must be confirmed or denied by the Association
at the next regular meeting. If the office of President
becomes vacant, the Vice-President shall assume that office.
Then, at the next regular meeting of the Association, a
new Director will be elected, afterwhich, the Board of Directors
will subsequently elect a new Vice President to full the
remaining term of office.
Section 10: No person shall hold the office
of President for more than two consecutive terms.
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III - Duties of Officers
Section 1: President:
It shall be the duty of the President to preside at all
meetings of the Association and the Board of Directors,
to appoint all Committees provided for in these Bylaws and
such temporary committees as may be necessary to conduct
the affairs of the Association, and to perform such other
duties as ordinarily pertain to this office.
Section 2: Vice-President: It shall be the duty of the Vice-President
to preside at all meetings of the Association and the Board
of Directors in the absence of the President and to perform
such other duties as ordinarily pertain to this office.
Section 3: Secretary:
It shall be the duty of the Secretary to keep the records
of membership, record the attendance at all meetings, send
out notices of meetings of the Association, record and preserve
the minutes of all meetings and such other duties as may
be assigned by the President.
Section 4: Treasurer:
It shall be the duty of the Treasurer to have custody of
all funds, accounting for same to the Association annually,
and at any other time upon demand by the Board of Directors.
Upon his/her retirement from office, he/she shall turn over
to the successor or to the President all funds, books or
accounts or any other Association property in his or her
possession
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Article
IV - Meetings
Section
I: Annual Meeting: An Annual Meeting of the Association shall
be held on the first Monday of October each year, at which
time the election of Directors-at-Large shall take place.
Section 2: Regular Meetings:
The regular meetings of the Association shall be held on
the first Monday of March, June, and December and on the
second Monday of September. All meetings will begin promptly
at 7:30 p.m.
Section 3: Board of Directors
Meetings: The Board of Directors shall meet on the first
Monday of each month unless otherwise specified by the President.
Section 4: Notice: Due notice
of any changes in or canceling of any meeting shall be given
as soon as possible.
Section 5 Quorum: Ten (10) members shall
constitute a quorum at all annual, regular or special
meetings of the Association.
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Article
V - Dues
The dues
of this organization shall be collected in accordance with
Anne Arundel County law governing Special Community Benefit
Districts (the "SCBD"), and shall be proposed by
the Board of Directors on an annual basis and voted on by
the Association. Annual dues shall not exceed $35.00 per household
up to and including the fiscal year 2004.
Article VI - Membership
Section 1: Memberships shall
continue during the existence of the Association unless
terminated as hereinafter provided.
Section 2: Memberships will
terminate when the member ceases to satisfy Article VI,
Section 1, of the Constitution of the Carrollton Manor Improvement
Association, Inc. (CMIA).
Section 3: Any person whose
membership in this Association has been terminated in any
manner shall forfeit all interest in any funds or other
property belonging to the Association.
Section 4: All guests, non-resident
family members, employees and/or other invitees of a member,
using community-owned facilities must be accompanied by
a member of Carrollton Manor Improvement Association, and
the member is responsible for all actions of any non-resident
invitee while using community-owned facilities.
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Article VII
- Method of Voting
Section 1: The business of this Association
shall be transacted by voice vote. Voting shall be among all
adult members, in good standing, who are present . In Association
business, the presiding officer may call for a show of hands,
standing vote, or a secret ballot; when a voice vote is not
clear, or the vote is challenged by a member in good standing.
Section 2: No votes shall be cast by
proxy. |
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Article
VIII - Committees
Section 1: The
President shall, subject to the approval of the Board, appoint
the following standing committees:
a. Community Properties (excluding Hillbottom pier)
b. Hillbottom Pier (per Article XIII of these Bylaws)
c. Community Relations and Welcoming
d. Membership
e. Social/Fundraising
f. Newsletter
g. Security Section 2: The President
shall, subject to the approval of the Board, also appoint
such other committees as he may deem necessary.
Section 3: The President shall appoint the Chairman
of all Committees, subject to the approval of the Board.
Section 4: The President shall be ex-officio
a member of all Committees and, as such, shall have all the
privileges of membership thereon.
Section 5: The President shall
have the authority to remove any member from any Committee,
however, such removal shall be subject to the provisions of
Article VII, Section 2, of the Constitution.
Section 6: Each Committee shall transact such
business as is delegated to it by the President. |
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Article
IX - Finance
Section 1: The revenue of this organization
shall be derived from the dues collected through the homeowners'
annual county property assessment as authorized by the Anne
Arundel County's Special Community Benefit District (the "SCBD")
for Carrollton Manor (April 1997) and from such other lawful
sources as may be approved by the Board of Directors, from
time to time.
Section 2: The Treasurer shall
deposit all funds of the Association in an (FDIC - Federally)
insured bank to be named by the Board of Directors. SCBD funds
must be kept in a separate account, segregated from all other
funds and monies of the Association.
Section 3: All bills shall be
paid only by checks signed by both the Treasurer and President
or the Vice President in the President's absence.
Section 4: A thorough audit
by a certified public accountant or other qualified person
shall be made during the month of September of at least every
four years of all the Association's financial transactions;
and said report, when prepared, shall be read to the membership
prior to the election of officers at the annual meeting in
October. Audits will comply with current Anne Arundel County
SCBD regulations.
Section 5: The Board of Directors
may call for a special audit at any time, either of all the
records of the Association or of any committee function which
involves the handling of Association funds.
Section 6: Officers having charge
or control of funds shall give bond as may be required by
the Board of Directors for the safe custody of the funds of
the Association, cost of bond to be borne by the Association.
Section 7: At the beginning
of each new administration, the Board of Directors shall
prepare or cause to be prepared a SCBD budget of estimated
income and estimated expenditures for the succeeding fiscal
year (i.e. the fiscal year beginning in July of the following
year). This budget shall be distributed to the membership
(through community newsletter or direct mail), along with
the announcement of the community meeting in December at
which the budget is to be presented for approval, at least
15 days in advance of said meeting. SCBD Budget approval
will be by a simple majority of the members present. Such
budget shall be presented to the Anne Arundel County Council
for approval and collection of dues as authorized by the
Special Community Benefit District for Carrollton Manor
legislation of April, 1997, and in compliance with current
Anne Arundel County SCBD regulations. This budget, which
having been agreed to by the membership, shall stand as
the limit of expenditures for the respective purposes unless
otherwise ordered by action of the membership by means of
the same procedure as budget approval, except for the expenditure
of non SCBD funds. In the course of operation of CMIA, there
may be cause to reallocate budgeted funds in a given fiscal
year. This reallocation of funds shall be within the guidelines
established by the county legislation of April, 1997 authorizing
the Carrollton Manor Special Community Benefit District,
and these Bylaws.
Section 8: The Board of Directors
shall not incur any indebtedness on the part of the Association
in excess of money in the hands of the Treasurer, and the
debts, dues, and obligations in process of collection from
the membership, less the amount of expended appropriations,
unless such indebtedness be authorized by a two-thirds vote
of all members present at a regular or special meeting of
the Association.
Section 9: A minimum of two
hundred and fifty dollars ($250) must be kept in an Association
savings account for emergency use. What will constitute emergency
use shall be determined by the Board of Directors.
Section 10: It shall be the
duty of the Treasurer to segregate all special funds and to
keep an accurate record of them.
Section 11: Non-SCBD funds of
up to two hundred dollars ($200) may be expended by the Treasurer
with the approval of the President. What will constitute operating
funds shall be determined by the President.
Section 12: The expenditure
of any non-SCBD funds between $200 and $500 must be approved
by the Board of Directors. Funds in excess of $500 must be
determined by a majority of members at a community meeting.
Section 13: The Association's
fiscal year shall begin each year on July 1 and end June 30
of the following year.
Section 14: The Association
shall ensure that the Treasurer is bonded for an amount which
exceeds funds distributed by Anne Arundel County during the
fiscal year to CMIA under the Special Community Benefit District. |
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Article
X - Order of Business
1. Roll
call of members present
2. Reading of minutes of previous meeting
3. Reading of Treasurer's report
4. Announcements
5. Committee reports
6. Old business
7. New business
8. Elections
9. Programs for the community
10. Adjournment |
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Article
XI - Amendments
These Bylaws may be amended as provided
for in Article XII of the Constitution. |
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Article
XII - Rules
Robert's Rules of Procedure Revised, shall
govern the operating procedure of this Association unless
otherwise specified in the Constitution and Bylaws of the
CMIA.
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Article
XIII - CMIA Hillbottom Pier Committee
Section I Responsibilities of the CMIA Board of Directors:
a. Appoint, annually, a Hillbottom Pier Committee Chairman
from the current slip holders.
b. Review, approve or disapprove, all regulations developed
by the Hillbottom Pier Committee pertaining to the operation
of the facility. Approval by the Board of Directors must be
obtained prior to publication.
c. Act as appeal board in disputes which might arise between
slip holders and the Hillbottom Pier Committee.
d. Insure that a contingency fund, derived from slip rentals,
is maintained, accruing acceptable interest, which will provide
the ability to replace the facility if major damage should
occur.
e. Contingency fund should equal 80% of the current replacement
value of the facility. All additional costs will be obtained
by pro-rata assessment to the current slip holders. Current
value will be established each year by the Hillbottom Pier
Committee. Value will be determined by cost of materials and
residents providing labor.
Section 2 Responsibilities of Hillbottom Pier
Committee Chairman:
a. Appoint a Hillbottom Pier Committee consisting of six current
slip holders and one member of the waiting list.
b. Call meetings of the Hillbottom Pier Committee as needed,
or by request of at least three (3) committee members.
c. Act as moderator of the quarterly Hillbottom Pier Committee
meeting.
d. Provide communications between the CMIA and the Hillbottom
Pier Committee at the regularly scheduled meeting of the CMIA.
e. Preside at an annual renewal of slip leases prior to April
I of each year.
f. Approve specific deposits and withdrawals from the contingency
fund.
g. Sit as a member of the CMIA Board of Directors, representing
the Hillbottom Pier Committee.
Section 3 Functions of the Hillbottom Pier Committee:
a. Act as the agent of the CMIA in collection of annual slip
renewal fees from current slip holders.
b. Require, at the renewal date, the physical inspection of
the following documents:
1. State Boat Registration or appropriate documentation
2. Current Liability Insurance Policy
c. Maintain, by date of application, a waiting list of prospective
lessees, to be updated and made available to prospective slipholders
upon request.
d. Participate in the upkeep of the Pier Facility.
e. All matters requiring action by the Hillbottom Pier Committee
must be approved by a minimum of four members of the committee.
f. Determine the pier upkeep fee and submit the fee for approval
by the Board of Directors prior to April 1 each year.
Section 4 Requirements of Slip Holders:
a. Must be a resident of Carrollton Manor.
b. Must be the registered owner of the watercraft. No dual
ownership allowed unless all owners reside in Carrollton Manor.
c. Must maintain Liability Insurance on the watercraft.
Section 5 Assignment of Available
Slips by the Hillbottom Pier Committee:
a. The Hillbottom Pier Committee will be responsible for maintaining
two waiting lists:
1. Those slip holders wanting different slips (movement list)
2. Prospective slip holders
b. Both lists must be administered consecutively and ordered
numerically by date of application. Residents interested in
being placed on the waiting list of prospective slip holders
must apply in writing (giving name, address, phone number
and date of request) to the Hillbottom Pier Committee Chairman
and receive confirmation from the Chairman.
c. Slips becoming available will be offered to the current
slip holders first (movement list) then to the prospective
slip holders in numerical order. Once notified the prospective
slip holder will have 72 hours (3 days) to accept offered
slip.
d. When a vacant slip is offered/accepted, the intended lessee
must have a boat or valid purchase contract within 7 days
of the slip offering, otherwise the slip will be offered to
the next person on the waiting list.
Section 6 Responsibilities of Slip holders:
a. Abide by the approved rules and regulations established
by the Hillbottom Pier Committee.
b. Insure that no other watercraft uses the slip unless approval
is obtained from the Hillbottom Pier Committee.
c. Advise the Hillbottom Pier Committee of all changes in
watercraft.
Section 7 Sublet Procedures:
a. Subletting of slips will be accomplished by the Hillbottom
Pier Committee
b. All slips that are not used for a period in excess of two
weeks must be sublet, unless waived by the Hillbottom Pier
Committee.
c. Slips that are not sublet and are not used for an entire
renewal period will not be renewed the following year.
d. Sublets will be offered to members of the prospective slip
holders waiting list starting at the top and working down
the list. Refusal of sublet will in no way alter the prospective
slipholdees position on the waiting list.
e. Sublets will normally be for the five month period commencing
on May 1 and expiring on September 30, and will be billed
at the annual slip rental rate.
f. Partial sublets will be for not less than one week and
will be billed at the rate of 1/20th of the annual payment
per week but not to exceed the annual payment.
As Amended, October 9, 2000/CMIA |
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