Fill and Sign the Where Are Subdivision Bylaws Recorded Form

Bylaws of Unincorporated Association of Subdivision Residents Bylaws of ______________________ (Name of Association) Article I Name, Area and Purpose The residents of the Area, as defined in Article II-A of these Bylaws and located in __________ ____________________ (City and State) , do organize and establish an Association to be known as _____________________________ (Name of Association) (referred to in these Bylaws as the Association ) for the purpose of promoting and protecting the public and private interests and general welfare of its Members and the community. Article II Membership Any resident of the Area is entitled to Membership in the Association. All Members of the immediate family of a residence shall be regarded as Members of the Association and their status shall be the same as that of the head of the family. A. Residents in the Area who own their own home shall be known as full Members and, if in good standing, shall be entitled to: 1. Vote on all matters referred to them by the Board of Directors (one vote per house). 2. Hold office in the Association. 3. Elect representatives to the Board of Directors. 4. Share benefits of any actions taken by the Association for the welfare of the Members. B. Residents in the Area who do not own their home shall be known as Resident Members and, if in good standing, shall be entitled to all the privileges of a full member except that they shall not be eligible to hold an elected office in the Association. Article III Dues and Assessments A. The dues of all Members of the Association shall be fixed from time to time by the Board of Directors and payable yearly in advance for the fiscal year which begins _______________ (month and day) . Dues shall not exceed $_________ per year. B. Assessments for special purposes shall only be levied after approval by (e.g., two- thirds or three-fourths) _________________ of the Board of Directors. C. If a member shall fail to pay his or her dues within (e.g., 60) _____ days of the date of levy, he or she shall be considered a member but not in good standing, and subject to the following penalties until such dues are paid: 1. He or she shall be disenfranchised from voting for candidates for the Board of Directors and on matters of policy. 2. He or she shall not be eligible to hold an elected office in the Association. 3. He or she shall be classed as a non-resident for all social functions of the Association. 4. He or she need not be included among the Membership to receive benefits resulting from Association actions. Article IV Officers and Directors A. The Board of Directors shall consist of a representative from each district, as defined below in these Bylaws, who shall be elected by a ballot vote of the Membership of each district: 1. The annual election shall be held during ____________ (month) of each year. 2. The term of office of a director shall be ______ (number) years beginning on _________________ (month and day) following his or her election. 3. One-half of the Directors, or as near one-half of the Directors as can be approximated, shall be elected in even years, and one-half or as near one-half as can be approximated shall be elected in odd years. 4. Directors must be residents in the "election district" from which they are elected. 5. A retiring director who has served a full two-year term shall not be eligible for re- election until after a lapse of _______ (number) years. 6. The Area shall be composed of the following districts which shall be numbered as indicated: (describe districts and respective numbers) _______________ ________________________________________________________________ ________________________________________________________________ . Should the number of homes in the Area increase to the point where additional Directors are required to properly serve the Membership, an appropriate increase may be authorized by the Board of Directors by amendment to these Bylaws as provided under Article VI. Should the Board of Directors decide that it is proper and desirable to increase the Area by incorporating streets outside the boundaries referred to above, the question must be submitted to a referendum vote of the full Membership after being approved by the Board of Directors. 7. Should a member of the Board of Directors move from the Area or resign, or become inactive for any reason, the Board of Directors, by a majority vote, shall elect a successor from the same district to fill the unexpired term. The election of a director for an unexpired term shall take place at the first meeting after which the Board has notice of the vacancy. B. The officers of the Association shall be: President, Vice President, Treasurer and Secretary. C. The officers shall be elected from and by the Board of Directors at the first meeting of the new Board held after the annual election of the Directors and shall hold office for one year. Should a vacancy occur in the office of the President, the Vice President shall automatically become President. Should a vacancy occur in any other office, the Board of Directors shall by a majority vote elect a member to fill the office for the unexpired term. Should one of the officers move from the Area before the expiration of the officer's term, he or she shall automatically cease to be an officer of the Association, and a successor shall be elected from and by the Board by a majority vote. Article V Duties A. It shall be the duty of the President: 1. To preside at all meetings and arrange their programs. 2. To appoint committees and designate chairpersons when required, and be responsible for the proper functioning of the committees. 3. To see that proper reports are submitted by committee chairpersons for all Association activities. Such reports shall be filed by the Secretary. B. It shall be the duty of the Vice President to assume the duties of the President in his or her absence. C. It shall be the duty of the Treasurer: 1. To keep an accurate account of the standing of each member with the Association. 2. To keep a record of all money received and expended and report the financial position of the Association periodically to the Directors or upon request by any director. 3. To deposit funds of the Association in a bank as directed by the Board of Directors. 4. To pay all bills after they have been authorized by the Board of Directors. 5. To collect all dues and assessments. D. It shall be the duty of the Secretary: 1. To keep a record of all proceedings of the Association. 2. To notify the Directors of the time and place of meetings as directed by the President. 3. To prepare the ballots and conduct the annual election of Directors. a. Each member of the Association shall vote for _____ (number) Directors designating the member's order of preference by placing the numerals 1- 2-3-4 in front of the Names selected on the ballots. b. Election points for the candidate shall be in reverse order — i.e., a vote as first choice counts 4, second choice 3, third choice 2 and fourth choice 1. 4. To carry on such correspondence as the Directors shall assign to the Secretary. 5. To carefully file and preserve all reports of committees and correspondence of the Association. 6. To preserve all official records of the Association and to duly keep the Bylaws of the Association up to date by incorporating adopted amendments with appropriate reference to the meeting of the Board of Directors at which the amendment was adopted. E. It shall be the duty of the Board of Directors: 1. To serve as an executive committee of the Association with full power and authority to act on all matters. a. A quorum shall consist of ______ (number) Directors. b. All questions shall be determined by a majority vote of the Directors present at a meeting unless otherwise provided for. 2. To authorize all bills prior to their payment by the Treasurer. 3. To receive and act on all reports submitted by the Treasurer, Secretary and the committee chairpersons. Article VI Finances A. All funds of the Association shall be deposited by the Treasurer as soon as is reasonably possible, in a bank as directed by the Board of Directors. B. All checks drawn on the bank balances of the Association shall be signed by any two officers of the Association. C. The financial accounts and records of the Association shall be audited each year as of the close of the fiscal period. If a new Treasurer is elected during the fiscal year, an audit shall be made if it is deemed advisable by the Board of Directors. D. An auditing committee consisting of _____ (number) Members of the Association shall be elected annually by the Board of Directors. Article VII Miscellaneous A. Regular meetings of the Board of Directors shall be held monthly. Regular meetings of the Directors shall be held at _________ (time) on the ______ (number) _______________ (day of week) in each month at the homes of the Members of the Directors rotating in alphabetical order, unless the time or place of the meeting is changed by a majority vote of the Directors. Special meetings of the Board may be called at any time by the President of the Association with as much notice to the Directors as can be reasonably given under the circumstances requiring the special meeting. B. A referendum vote of the Membership shall be made on any matter where a matter of policy affects the Membership as a whole in a broad enough matter to make a popular vote appear desirable. This shall be undertaken either upon formal action of the Board of Directors favoring the referendum or upon a petition signed by ________ (number) or more Members requesting the referendum. A favorable referendum vote on a recurring situation shall be considered as a vote of sentiment and unless limited otherwise in the referendum shall cover all like situations until a new referendum is deemed advisable by the Board of Directors or through proper petition by the Membership. In all matters placed to a referendum vote of the Membership, each director shall be responsible for contacting the Membership in the director's election district and the director must personally call or attempt to contact each member in his or her district. Should the director fail to make such contact, notice shall be left in the member's mailbox directing the member to contact his or her director or the President of the Association with respect to the matter at hand. Should any director of the Association be absent at the time of any referendum vote, the Board of Directors shall appoint someone else willing to undertake the polling of the Membership of the absent director. Should any director fail to contact more than% of his or her constituents, a decision on the matter under consideration in the referendum should be postponed if possible. C. The Directors must act with reasonable promptness in putting to referendum vote any matter brought before them by a properly signed petition, and in any event the matter must be put to vote within ______ (number) days from the receipt of the petition. Article VIII Amendments These Bylaws may be amended, added to, or modified as follows: A. The proposed change shall be submitted in writing at a meeting of the Board. B. Written notice of the proposed change shall be given to each Director. C. A (e.g., two-thirds) _______________ vote of all the Directors shall be required for the adoption of any modification or addition. * * * * * The foregoing By-Laws of ______________________________ (Name of Association) containing Articles I through VIII, are hereby certified to be a true copy of the By- Laws adopted by the Members of ______________ ______________________ (Name of Association) , effective as of ________________ (date) . ________________________________ (Printed Name of Director) ________________________________ (Signature of Director) Director ________________________________ (Printed Name of Director) _______________________________ (Signature of Director) Director ________________________________ (Printed Name of Director) ________________________________ (Signature of Director) Director Attest: ________________________________ (Printed Name of Secretary) ________________________________ (Signature of Secretary) Secretary