• If you are citizen of an European Union member nation, you may not use this service unless you are at least 16 years old.

  • Stop wasting time looking for files and revisions. Connect your Gmail, DriveDropbox, and Slack accounts and in less than 2 minutes, Dokkio will automatically organize all your file attachments. Learn more and claim your free account.

View
 

Organizing a HOA

Page history last edited by PBworks 12 years, 11 months ago

 

Review of Declaration of Covenants

  • Section 3 - Definitions - useful info
  • Section 4 - Ownership - I don't understand what this says.
  • Section 5 (b) requires all homeowners to pay assessments levied by the association.
  • Section 5 (c) defines Class A members as the homeowners who each have 1 vote and the Class B member as Toll Bros. who has 4 votes for each unsold lot. The magic number of 157 lots sold, is when the total of our votes are greater than Toll Bros. votes. At that point we are in charge.
  • Section 6 - I believe this defines when the HOA takes over responsibility of the drainage ponds and open space - when the 157th lot is sold. If this is correct, than Toll Bros. must pay for the ponds and open space until then. Maybe we only have to pay for open space real estate taxes until then?
  • Section 10 says regular assessments are due monthly. Our initial contribution of $200 is defined as a "capital contribution".
  • Section 11 appears to say that the Board of Directors can decide when assessments are to be made. Does this over rule Section 10?
  • Section 12 permits a lien to be filed against homeowners who do not pay.
  • Section 14 permits a lawsuit to be filed against homeowners who do not pay.
  • Section 22 covers sale of a house; the new owner must be notified about the HOA and it's assessments

Organizing

Need to set up by-laws on how HOA will be run. Everything should be documented.

 

Board of directors

  • President
  • Treasurer
  • Sectretary
  • Members at large

 

How often do we have meetings?

  • Monthly for officers of Board
  • Quarterly for all members
  • publicizing meetings

 

Elections of Board

  • length of service

 

Voting

  • When are members required to vote
    • Expenditures over $XX amount
  • Define votes needed to pass (simple majority, 2/3 majority)
  • Define required number of members required for quorum

 

Communication with members

  • Monthly email
  • Annual or semi-annual financial / status reports
    • Reports on drainage ponds and retaining walls

 

Who makes decisions on requests from home owners (fences, sheds, etc) ?

  • Is there a core group (the Board) that votes on requests?
  • Does home owner have recourse to a vote of all members?

 

Collection of funds

  • Define frequency - quarterly, semi annually, etc.
  • Procedure for non payment
    • notification by letter after XX days
    • attach lien to members house

Up until now, Toll had complete decision making on approval of fences, sheds, etc. We had no input.


Sources

http://www.caionline.org/governance/index.cfm

Sample By Laws

http://www.robertsrules.org/

Sample By Laws and mowing schedule


  1. Name and Location
  2. Purpose
  3. Definitions
  4. Membership
  5. Meeting of Members
  6. Board of Directors
  7. Nomination and Election of Directors
  8. Meetings of Directors
  9. Powers of Board of Directors
  10. Officers and Their Duties
  11. Committees
  12. Books and Records
  13. Assessments
  14. Corporate Seal
  15. Miscellaneous
  16. Parliamentary Authority
  17. Amendments

BY‑LAWS OF BIRD ESTATE HOMEOWNERS ASSOCIATION, INC.

 

ARTICLE I

NAME AND LOCATION

 

The name of the corporation is the Bird Estate Homeowners Association, Inc. hereinafter referred to as the "Association". The principal office of the corporation shall be located at TBD but meetings of members and directors may be held at such places as may be designated by the Board of Directors.

 

ARTICLE II

PURPOSE

 

The purpose of this Association is to provide for the management, maintenance, repair and replacement of the Oen Space Facilities, including the stormwater detention basins, stormceptors, outfall structures and piping and the Trail System, in accordance with the terms of the Definitive Plan Approval, Special Permit, Conservation Restrictions, and Tripartite Agreement.

 

ARTICLE III

DEFINITIONS

 

Section 1. "Association" shall mean the Bird Estate Homeowners Association, Inc. a Massachusetts non-profit corporation, being an association of all Owners and the Declarant while it owns a Lot subject to this Declaration.

 

Section 2. "Assessments" shall mean those assessments payable by the Owners upon notification by the Association as provided herein. Each Assessment shall be separate and payable by the Owner of the Lot against which the Assessment is levied.

 

Section 3. "Lot" shall mean a separate and subdivided parcel of land which is shown on the filed and recorded Plan, and all structures which are or will be erected thereon.

 

Section 4. "Owner" shall mean the record owner of any Lot, excluding those persons having an interest merely as security for the performance of an obligation and excluding the Declarant. Multiple Owners of a single Lot shall together be deemed one Owner for purposes of these By-Laws.

 

Section 5. "Declarant" shall mean and refer to Bird Estate Limited Patnership.

 

Section 6. "Declaration" shall mean and refer to the Articles of Organization,Bylaws, and the Declaration of Covenants, Conditions and Restrictions as recorded with the Norfolk Registry at Book 20350, Page 509 and filed with the Norfolk Registry District of the Land Court as Document No. 1007915.

 

Section 7. "Members" shall mean Class A and Class B Members of the Association, as these terms are defined in the Articles of Organization,Bylaws, and the Declaration of Covenants, Conditions and Restrictions.

 

Section 8. Additional definitions are contained in the Articles of Organization,Bylaws, and the Declaration of Covenants, Conditions and Restrictions.

 

ARTICLE IV

MEMBERSHIP

 

Section 1: All members of the Association are subject to annual and special dues as approved by the Association members.

 

Section 2: All members of the Association shall abide by the Articles of Organization,Bylaws, and the Declaration of Covenants, Conditions and Restrictions as recorded with the Norfolk Registry at Book 20350, Page 509 and filed with the Norfolk Registry District of the Land Court as Document No. 1007915.

 

Section 3: Only those homeowners whose dues are paid for the current fiscal year are eligible to vote. Only a single vote per individual dwelling is allowed.

 

ARTICLE V

MEETING OF MEMBERS

 

Section 1. Annual Meetings. The first annual meeting of the members shall be held within one year from the date of the incorporation of the Association, and meetings will then be held periodically as necessary, with the length of time between such meetings not to exceed thirteen (13) months.

 

Section 2. Special Meetings. Special meetings of the members may be called at any time by the president or by the Board of Directors, or upon written request of one-fourth the members who are entitled to vote.

 

Section 3. Notice of Meetings. Written notice of each meeting of the members shall be given by, or at the direction of, the secretary or person authorized to call the meeting, sending a copy of such notice not less than 30 days nor more than 60 days before such meeting to each member entitled to vote thereat, to the member's address last appearing on the books of the Association, or supplied by such member to the Association for the purpose of notice. Such notice shall specify the place, day and hour of the meeting, and, in the case of a special meeting, the purpose of the meeting.

 

Section 4. Quorum. The presence at the meeting of members entitled to cast, or of proxies entitled to cast 60% of the votes of membership shall constitute a quorum for any action except as otherwise provided in the Articles of Incorporation, the Declaration, or these By-Laws. If, however, such quorum shall not be present or represented at any meeting, the members entitled to vote thereat shall have power to adjourn the meeting, from time to time, without notice other than announcement at the meeting, until a quorum as aforesaid shall be present or be represented.

 

Section 5. Proxies. At all meetings of members, each member may vote in person or by proxy. All proxies shall be in writing and filed with the secretary and shall specify the date of the meeting for which the proxy is valid. Every proxy shall be revocable and shall automatically cease upon conveyance by the member of his/her Lot.

 

ARTICLE VI

BOARD OF DIRECTORS

 

Section 1. Number. The affairs of this Association shall be managed by a Board of five (5) directors, who are members of the Association.

 

Section 2. Term of Office. At each annual meeting, the members shall elect the directors for terms of 1 year.

 

Section 3. Removal. Any director may be removed from the Board, with or without cause, by a majority vote of the members of the Association.

 

Section 4. Vacancies. In the event of death, resignation or removal of a director, his/her successor shall be selected by the remaining members of the Board and shall serve for the unexpired term of his/her predecessor.

 

Section 5. Compensation. No director shall receive compensation for any service he/she may render to the Association in his/her capacity as a director. However, any director may be reimbursed for his/her actual expenses incurred in the performance of his/her duties.

 

Section 6. Action Taken Without a Meeting. The directors shall have the right to take any action in the absence of a meeting which they could take at a meeting by obtaining written approval of all the directors. Any action so approved shall have the same effect as though taken at a meeting of the directors.

 

ARTICLE VII

NOMINATION AND ELECTION OF DIRECTORS

 

Section 1. Nomination. Nomination for election to the Board of Directors shall be made from the floor at the annual meeting.

 

Section 2. Election. Election to the Board of Directors shall be by secret written ballot or by voice vote. At such election the members or their proxies may cast, in respect to each vacancy, as many votes as they are entitled to exercise under the provisions of the Declaration. The persons receiving the largest number of votes shall be elected. Cumulative voting is not permitted.

 

ARTICLE VIII

MEETINGS OF DIRECTORS

 

Section 1. Regular Meetings. Regular meetings of the Board of Directors shall be held periodically as necessary, with the length of time between such meetings not to exceed 13 months. Notice of such meetings shall be made at least 7 days in advance.

 

Section 2. Special Meetings. Special meetings of the Board of Directors shall be held when called by the president of the Association, or by any two directors, after not less than three (3) days notice to each director.

 

Section 3.Quorum. A majority of the number of directors shall constitute a quorum for the transaction of business. Every act or decision done or made by a majority of the directors present at a duly held meeting at which a quorum is present shall be regarded as the act of the Board.

 

ARTICLE IX

POWERS AND DUTIES OF-THE BOARD OF DIRECTORS

 

Section 1. Powers. The Board of Directors shall have the power to:

(a) suspend the voting rights of a member during any period in which such member shall be in default in the payment of any assessment levied by the Association.

(b) exercise for the Association all powers, duties and authority vested in or delegated to this Association and not reserved to the membership by other provisions of these By-Laws, the Articles of Incorporation, or the Declaration;

(c) declare the office of a member of the Board of Directors to be vacant in the event such member shall be absent from three consecutive regular meetings of the Board of Directors; and

(d) employ a manager, an independent contractor, or such other employees as they deem necessary, and to prescribe their duties.

(e) review and issue approval for member's requests to erect fences, pools, tennis courts, storage buildings and additions.

 

Section 2. Duties. It shall be the duty of the Board of Directors to:

(a) cause to be kept a complete record of all its acts and corporate affairs and to present a statement thereof to the members at the annual meeting of the members, or at any special meeting when such statement is requested in writing by one-fourth (1/4) of the members who are entitled to vote;

(b) supervise all officers, agents and employees of this Association, and to see that their duties are properly performed;

(c) fix the amount of the annual assessment against each Lot;

(d) send written notice of each assessment to every Owner subject thereto;

(e) take action as it deems appropriate to collect assessments, including, but not limited to, foreclosure of the lien against the property for which assessments are not paid;

(f) issue, or to cause an appropriate officer to issue, upon demand by any person, a certificate setting forth whether or not any assessment has been paid. A reasonable charge may be made by the Board for the issuance of these certificates. If a certificate states an assessment has been paid, such certificate shall be conclusive evidence of such payment;

(g) take action as it deems appropriate to enforce provisions of the Declaration and ensure that the purposes of the Declaration are fulfilled;

 

ARTICLE X

OFFICERS AND THEIR DUTIES

 

Section 1 - Enumeration of Offices. The officers of this Association shall be 2 co-chair, who shall at all times be members of the Board of Directors, a secretary, and a treasurer,a Member at Large, and such other officers as the Board may from time to time by resolution create.

 

Section 2. Special Appointments. The Board may elect such other officers as the affairs of the Association may require, each of whom shall hold office for such period, have such authority, and perform such duties as the Board may, from time to time, determine.

 

Section 3. Multiple Offices. No person shall simultaneously hold more than one of any of the offices except in the case of special offices created pursuant to Section 4 of this Article.

 

Section 4.Duties. The duties of the officers are as follows:

  • The Co-Chair shall be the chief executive officers and the official spokespersons of the Association and shall have general supervision of the affairs of the Association. The Co-Chair shall preside at all meetings of the Board of Officers and at all meetings of the Association. They shall have the power to appoint committees to investigate any matters of common interest to members of the Association and will be ex-officio a member of all such committees. The Co-Chair shall see that orders and resolutions of the Board of Officers are carried out. The Co-Chair and Treasurer shall sign all notes and checks and all other written instruments.
  • Secretary. The secretary shall record the votes and keep the minutes of all annual meetings and proceedings of the Board and of the members; keep the corporate seal of the Association and affix it on all papers requiring said seal; serve notice of meetings of the Board and of the members; keep appropriate current records showing the members of the Association together with their addresses, and shall perform such other duties as required by the Board.
  • Treasurer. The treasurer shall receive and deposit in appropriate bank accounts all monies of the Association and shall disburse such funds as directed by resolution of the Board of Directors; shall sign all checks and promissory notes of the Association; keep proper books of account; cause an annual audit of the Association books to be made, by by 2 non-officer members of the Association as determined at the Annual Meeting, at the completion of each fiscal year; and shall prepare an annual budget and a statement of income and expenditures to be presented to the membership at its regular annual meeting, and deliver a copy of each to the members at the Annual Meeting.
  • Member-at-Large. TBD

 

ARTICLE XI

COMMITTEES

 

The Board of Directors shall appoint committees as deemed appropriate.

 

ARTICLE XII

BOOKS AND RECORDS

 

The books, records and papers of the Association shall at all times, during reasonable business hours, be subject to inspection by any member. The Declaration, the Articles of Incorporation and the By-Laws of the Association shall be available for inspection by any member at the principal office of the Association, where copies may be purchased at reasonable cost.

 

ARTICLE XIII

ASSESSMENTS

 

As more fully provided in the Declaration, each member is obligated to pay to the Association annual and special assessments.

 

ARTICLE XIV

CORPORATE SEAL

 

The Association shall have a seal in a circular form having within its circumference the words:

Bird Estate Homeowners Association, Inc.

 

ARTICLE XVII

AMENDMENTS

 

Section 1. These By-Laws may be amended, at a regular or special meeting, of the members, by a vote of a majority of a quorum of members present in person or by proxy.

 

Section 2. In the case of any conflict between the Articles of Incorporation and these By-Laws, the Articles shall control; and in the case of any conflict between the Declaration and these By-Laws, the Declaration shall control.

 

ARTICLE XV

MISCELLANEOUS

The fiscal year of the Association shall begin on the first day of January and end on the 31st day of December of every year, except that the first fiscal year shall begin on the date of incorporation.

 

ARTICLE XVI

PARLIAMENTARY AUTHORITY

 

The rules contained in Robert's Rules of Order Revised shall govern this organization in all cases to which they are applicable and in which they are not inconsistent with these By-Laws.

 

ARTICLE XVII

AMENDMENTS

 

Section 1. These By-Laws may be amended, at a regular or special meeting, of the members, by a vote of a majority of a quorum of members present in person or by proxy.

 

Section 2. In the case of any conflict between the Articles of Incorporation and these By-Laws, the Articles shall control; and in the case of any conflict between the Declaration and these By-Laws, the Declaration shall control.




 

 

ARTICLE XXX

OBJECTIVES

 

The objectives of this Association shall be:

 

Section 1: To implement through joint efforts of all owners of single-family dwellings located within Hickory Woods Subdivision, Knox County, Tennessee, an exemplary community which will combine change with tradition and beauty with functional advancement, while preserving the natural serenity of the gently rolling East Tennessee countryside in which it is situated.

 

Section 2: To achieve a high quality of life for those residing in Hickory Woods Subdivision through joint effort.

 

Section 3: To foster and maintain, through joint effort, the beautification of individual property; the safety and security of homeowners, children, and property; effective traffic safety measures to protect pedestrians, vehicle users of public roadways and personal property adjacent to such roadways.

 

Section 4: To foster and maintain cooperative efforts with neighboring homeowner associations.

 

Section 5: To foster effective measures to improve common services including fire protection and garbage collection, and the improvement of the furnishing of water, gas, telephone, electricity service, and police protection.

 

ARTICLE III

ELIGIBILITY

 

Any resident or property owner in Hickory Woods Subdivision is eligible for membership in the Association.

 

ARTICLE IV

MEMBERSHIP

 

Section 1: All members of the Association are subject to annual and special dues as approved by the Association members.

 

Section 2: All members of the Association shall abide by the Restrictive Covenants as recorded January 9, 1995, Warranty Book No. 2164, pages 414-423, Register of Deeds, Knox County, Tennessee, and such subsequent restrictions applying to all sections throughout Hickory Woods Subdivision.

 

Section 3: Only those homeowners whose dues are paid for the current fiscal year are eligible to vote. Only a single vote per individual dwelling is allowed.

 

ARTICLE V

NOMINATION AND ELECTION OF OFFICERS OF THE ASSOCIATION

 

Section 1: At the Winter meeting the Board of Officers shall appoint a Nominating Committee which consists of three members of the Association whose duty shall be nomination of candidates for election. The slate of officers will be presented at the Spring meeting.

 

Section 2: The Officers shall be elected at the Spring Meeting of the Association by the majority of the voting members present.

 

Section 3: The term of office shall be one year commencing May 1st.

 

Section 4: Vacancies of any office shall be filled by appointment by the remaining Board members, and the appointee will hold office for the remainder of the unexpired term.

 

Section 5: Only one member of a household may serve as an officer for any given term.

 

ARTICLE VI

OFFICERS OF THE ASSOCIATION

 

The Officers of the Association shall consist of two Co-Chairs, Secretary, Treasurer, Communications Officer, Social Director, and Area Rep. Chair.

 

ARTICLE VII

ELECTION OF OFFICERS OF THE ASSOCIATION

 

The Officers of the Association shall be chosen by a majority of the voting members present at the Spring Meeting.

 

ARTICLE VIII

DUTIES OF OFFICERS OF THE ASSOCIATION

 

Section 1: The Officers shall perform the duties prescribed in this article and such others as the Act of Incorporation, the By-Laws of the Association or the parliamentary authority adopted by the Association.

 

Section 2: The Co-Chairs shall be the chief executive officers and the official spokespersons of the Association and shall have general supervision of the affairs of the Association. The Co-Chairs shall preside at all meetings of the Board of Officers and at all meetings of the Association. They shall have the power to appoint committees to investigate any matters of common interest to members of the Association and will be ex-officio a member of all such committees. The Co-Chairs shall see that orders and resolutions of the Board of Officers are carried out. The Co-Chair and Treasurer shall sign all notes and checks and all other written instruments.

 

Section 3: In the absence or inability of one Co-Chair to perform the duties, the joint Co-Chair will assume duties.

 

Section 4: The Secretary

 

  • shall be, ex-officio, Secretary of the Board of Officers;
  • shall record the votes and keep the minutes of the proceedings of the Board in a book to be kept for the purpose;
  • shall keep the records of the Association;
  • shall record in a book kept for that purpose the names of all members of the Association together with their addresses as registered by such members; and
  • shall notify officers and committee chairmen of votes, orders, and proceedings affecting or pertaining to their duties.

 

In the absence of the Co-Chairs, the Secretary shall call the meeting to order and shall preside. The Secretary shall attend to such correspondence as the Board or the Association may direct and shall distribute pamphlets, notices, and/or circulars as the Board or Association may direct.

 

Section 5: The Treasurer shall have charge of the receipt of funds of the Association; shall deposit in appropriate bank accounts to the credit of the Association all monies of the Association and shall disburse, with the Co-Chair, such funds as directed by resolution of the Board. The Treasurer shall keep proper books of account. Previous to the Spring meeting of the Association, the Treasurer's account shall be audited by the Auditing Committee and a written statement given on the status of the books. In the case of prolonged absence, illness, or death of the Treasurer, disbursements at the direction of the Board shall be made by the Co-Chair.

 

ARTICLE IX

MEETINGS

 

Section 1: ASSOCIATION: The regular meetings of the Association shall be for the purpose of receiving reports from the officers and standing committees; for the receiving of reports from ad hoc committees; for establishing programs and budgets in furtherance of the objectives of the Association; and for any other business that may arise. The regular annual meetings of the Association will be held three times per year ( Spring, Fall, and Winter ) with notice being given to the members at least one week in advance of the meetings. A simple majority of voting members present shall be considered sufficient to transact business at the regular meetings.

 

Section 2: ASSOCIATION: Special meetings of the Association shall be called by the Board upon written request of one-fourth or more of the voting members of the Association. No less than one week notice of a special meeting shall be given, and only that business specified in the call may be transacted. Twenty per cent of the voting members shall constitute a quorum at any special meeting of the Association thus called. The Board shall have the power to call special meetings of the Association whenever it seems necessary.

 

Section 3: BOARD OF OFFICERS: The Co-Chair shall call a special meeting of the Board of Officers whenever the need arises. All business to be considered at a special Board meeting shall be stated in the call. Regular meetings of the Board of Officers shall be held as needed . At least seven days notice of time and place of all Board meetings shall be given.

 

Section 4: BOARD OF OFFICERS: The majority of the Board of Officers shall constitute a quorum at any meeting of the Board of Officers.

 

ARTICLE X

FEES AND DUES

 

Section 1: The annual budget shall cover the fiscal year and shall be prepared on the basis of dues payable for the coming fiscal year.

 

Section 2: The annual Association dues shall be fifteen dollars ($15.00) per single family dwelling, payable to the Treasurer during the annual membership drive from April 1 to April 30. In addition to levying annual dues, the Association may levy special dues as the occasion merits with the approval of voting members present. Annual dues shall be decided upon at the Spring meeting of the Association by the majority of voting members present.

 

ARTICLE XI

COMMITTEES

 

Section 1: An Auditor or Auditors shall be appointed by the Board of Officers at the regular Winter meeting. The Auditor(s) shall examine the books of the Treasurer and shall submit a written statement for the regular Spring meeting of the Association.

 

Section 2: The Finance Committee shall be appointed by the Board of Officers after the regular Spring meeting and shall consist of the Treasurer (as Chair) and two voting members of the Association. It shall consider requests for funds, plan a budget, and recommend to the Boards of Officers such expenditures as the committee deems expedient. It shall report at the next meeting of the Board of Officers.

 

Section 3: The President shall have the power to appoint committees to investigate any matters of common interest to members of the Association.

 

ARTICLE XII

PARLIAMENTARY AUTHORITY

 

The rules contained in Robert's Rules of Order Revised shall govern this organization in all cases to which they are applicable and in which they are not inconsistent with these By-Laws.

 

ARTICLE XIII

AMENDMENTS

 

Section 1: These By-Laws may be amended at any special meeting of the Association called for that purpose or at the regular meetings of the Association. Notice of change shall be made available to the members one week in advance of the meeting.

 

Section 2: Unless otherwise provided prior to its adoption or in the motion to adopt, an amendment shall become effective upon adjournment of the meeting at which it is adopted.

Comments (0)

You don't have permission to comment on this page.