East Brookwood Estates Property Owners Association, Inc., By-Laws

A non profit corporation of the State of New Jersey.

reincorporated on October 4, 1978

ARTICLE I

NAME

The name of this association shall be EAST BROOKWOOD ESTATES PROPERTY OWNERS ASSOCIATION INC., hereinafter” Association.”

ARTICLE II

PURPOSES

The Association is formed for the purpose of the following:

  1. To maintain the present and future character of the East Brookwood Estates community situated in Byram Township, Sussex County, New Jersey
  1. To promote the welfare, social and recreational interest of its members.
  1. To promote for care and maintenance of property owned by the Association.
  1. To inspect and approve all connections to the water system as well as all waterlines and related equipment including, but not limited to, curb stops, hydrants and mains within the Association’s water system. In addition, the Association has the right to maintain, repair, rebuild or reconstruct the existing water system and approve and inspect the construction of any extensions to or replacements of any waterlines. The Association right and responsibilities and at the curb-stop.
  1. To provide potable water to all members of the Association.
  1. To pay the taxes and assessments, if any, which may be levied by any governmental authority upon said property of the Association or which may be held in trust for the Association.
  1. To do any and all lawful things and acts which the Association may deem at any time to be in the best interest of its property and members, and to pay any costs associated with such activities.
  1. The Executive Board may sell or acquire property in the name of the Association provided it shall have received prior approval for such action of the Association members. However, prior approval is not needed to the extent the acquisition or sale of the property involves a value less than $2,500. Acquisitions or sale of property shall be limited to once per six months without membership approval. In the event the Executive Board proposes the sale or acquisition of property valued at $2,500 or more, the Board shall submit such acquisition or sale to a vote of the membership. One ballot, on which the proposed question is printed, shall be mailed to each Association Member account in good standing. The ballot must be returned to the address specified on the ballot by the date stated on the ballot. The return date shall not be less than 30 days from the date on which the ballot is mailed. The ballots shall also specify the date that the ballots will be opened and the votes counted. The meeting where the ballots will be opened and counted shall be open to all members. Ballots not received by the date stated on the ballot notice shall not be counted. The proposal shall be decided by the majority of the ballots returned to the address shown on the ballot by the date specified.

ARTICLE III

MEMBERSHIP

  1. A property connected to the Association’s water system shall be considered a member, regardless of the number of persons named in the property deed or constituting officers or directors of any business entity that may own property. Those members whose accounts are current in regard to paying fees, dues or other charges owed to the Association, other than fees associated with the most recent billing period that are overdue, may participate in the management of the Association, including holding office and voting upon any and all matters that are subject to the vote of the general membership, subject to the voting limitations contained in Article III, Section 2.
  1. Voting in the Association shall be on the basis of one vote per member account in good standing.

ARTICLE IV

OFFICERS AND ELECTION OF OFFICERS

  1. The officers of the Association shall be President, Vice President, Recording Secretary, Corresponding Secretary, and Treasurer. The foregoing officers shall be known collectively as the Executive Board of the Association.
  1. The term of office shall be for two years, with an election held in November. The newly elected members’ terms commence after the election.
  1. President – Treasurer - Recording Secretary will be elected in odd numbered years
  2. Vice President – Corresponding Secretary will be elected in even numbered years
  1. Nominations for officers of the Association shall be made at the November semi-annual general meeting. Nominees shall be placed on an Association ballot, which will be mailed to each Association member within thirty (30) days from the date upon which the nominations for officers is made. Said ballots must be returned to an address shown on the ballot by a date which is printed thereon and which date shall be not less than thirty (30) days from the date on which ballot is mailed. A special election meeting will be held in the event two parties are running for the same position.

The ballots shall remain sealed and be opened at the meeting of the membership. All ballots that have been timely submitted shall be opened and counted and the results shall be disclosed to the membership at the meeting

  1. The candidate receiving the most votes for each position shall be considered elected to that position.
  2. The ballot for any office shall be dispensed with when there is only one candidate for that office. Candidates for any office who are unopposed shall be elected by a majority vote of those members who are present at the semi-annual meeting at which the nominations are made.
  3. Officers shall serve at the pleasure of members and may be removed by a majority vote of the total Association membership.
  1. A vacancy in the office of President shall be filled by the Vice President. A vacancy in any other office shall be filled by Presidential appointment, subject to later advice and consent of the remaining members of the Executive Board.
  1. Multiple Offices-

No person shall simultaneously hold more than one office.

6. Duties of the President:

  1. Presides at all meetings of the association and the Executive Board and appoints all standing and special committees.
  1. Co-signs checks for expenditures of the Association.
  1. Manages the Association business between the scheduled meetings with assistance of the Association committees.

7.Duties of the Vice President:

  1. Assumes all duties of the President during his absence.
  2. Works on Association business between scheduled meetings as assigned by President.

8Duties of the Recording Secretary:

A. Maintains an accurate list of all Association members, which shall be arranged alphabetically with address of each member.

  1. Prepares and presents written annual reports at the close of each year and his/her term of office.

C. Responsible for reading minutes from previous meetings.

9. Duties of the Treasurer:

A. Collects, disburses and accounts for all funds as provided by the Association By-Laws or upon the Presidents’ approval.

B. Keeps all receipts and maintains itemized accounts of all disbursements.

C. Prepares and presents a written report at each scheduled meeting and an annual report at the close of his / her term of office.

D. Keeps the books open for inspection at all times.

10.Duties of the Corresponding Secretary:

A Keeps a record of all business proceedings and makes a report at the November and April general meetings.

B. Informs news media of Association events and changes to Association committees.

C. Responsible for all Association notifications.

D. Conducts correspondence as directed by Executive Board Members.

11.Disbursement Procedures:

  1. The Treasurer shall be bonded for an amount to be determined by the Association membership at the fall meeting. The premium for same shall be paid by the Association.
  1. Monies credited to the Association shall be disbursed by check of the Association, signed by the Treasurer and President, or in the absence of the President by any other authorized Executive Board member.

12.Compensation

No Executive Board Member shall receive compensation for any service he/she may render to the Association unless employed by the Association as an independent Contractor in a position that would normally require the services of an independent contractor, i.e., billing, maintenance or accountant. However, any Executive member may be reimbursed for his/her actual expenses incurred in the performance of his/her duties.

ARTICLE V

MEETINGS

  1. Semi–annual (April and November) general membership meetings shall be held at a time and place designated by the Board of Directors with fourteen (14) days advance notice to the Association membership.
  1. Regular Executive Board meetings shall be business and social meetings held each month at the time and place so designated by the President of the Association. All meetings of the Executive Board shall be open to the general membership, except that membership shall not be entitled to be present during closed session discussions.
  1. Annual reports shall be submitted and presented at the April meeting.
  1. A. The Executive Board can call a special meeting when such a meeting is in the best interest of the Association.

B. Special meetings shall be held when requested by a majority (fifty percent or more) of the total number of eligible Association voters, in writing, presented to any members of the Executive Board. Such meetings shall be held no later than thirty (30) days after the date upon which the meeting request is served upon any member of the Executive Board and written notice thereof shall provided to all Association members in good standing no later than fourteen (14) days next preceding the scheduled date of the meeting.

ARTICLE VI

ANNUAL FEES

  1. Annual Fees shall be determined by the Board of Directors (the elected officers).
  1. The Executive Board may direct that legal action be taken as necessary to collect delinquent fees or charges. Delinquent accounts shall bear interest at the rate of 1.5% per month. In addition to legal action, delinquent water accounts may be subject to having the water service terminated until such account is paid in full. If any matter is referred to the Association’s attorney for collection or other action, the membership account shall be responsible for all fees costs incurred by the Association in regard to the attorney’s actions.
  1. A lien may be filed in the County Clerk's office against a member's real property in the eventa member's account becomes delinquent".
  1. All billing policies of the Association shall be established by the Executive Board and set forth in writing to Association members.
  1. Members in EBEPOA are responsible for current dues, assessments, interest and legal action fees, as well as for all amounts in arrears at the time of property transfer

ARTICLE VII

COMMITTEES

There shall be standing committees (e.g.,election committee in the event the need arises IV-) consisting of a chairperson and any additional members deemed necessary to said committees who shall be appointed by the President from members of the Association. The chairperson(s) shall become a member of the Executive Board

ARTICLE VIII

PARLIAMENTARY AUTHORITY

The rules of parliamentary practice, based on “ Robert’s Rules of Order” shall govern the Association in all cases to which they are applicable and when they are not inconsistent with the By-Laws of the Association

ARTICLE IX

AMENDMENTS

These By-laws may be amended, in whole or in part, provided two-thirds of the votes cast are in favor of such amendment. The vote to approve or disapprove the amendments may be held by mail as hereinbefore described or at a regularly scheduled or special meeting of the general membership. If the vote is to be taken at a regularly scheduled or special meeting of the membership, any proposed amendments to be voted on at such a meeting must be mailed to all Association members no less than 30 days prior to the meeting.

ARTICLE X

INDEMINFICATION OF DIRECTORS AND OFFICERS

The Association shall indemnify, defend and hold harmless any director or officer against liabilities and reasonable litigation expenses, including attorney’s fees, incurred by him/her in connection with any action, suit or proceeding in which he/she is made or is threatened to be made a party by reason of being or having been such director or officer, except in relation to matters as to which he/she shall be adjudged in such action, suit or proceeding to have acted in bad faith or to have been liable or guilty by reason of willful misconduct in the performance of duty.

ARTICLE XI

CORPORATE SEAL

The Association shall have a seal in circular form having within its circumference the words: East Brookwood Estates Property Owners Association Inc.

ARTICLE XII

MISCELLANEOUS

1. 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.

2. The Executive Board is authorized to retain the services of a New Jersey licensed attorney and/ or New Jersey licensed certified public accountant to the extent services are needed.

3. Repealer: Upon the adoption of these By-Laws any existing By-laws shall be deemed repealed and of no effect.

4. Bonding- all Board members will be bonded for the amount of $75,000.