COMMUNITY FOR CHANGE HOME OWNERS ASSOCIATION BY-LAWS

Adopted November 16, 2009

 ARTICLE I: NAME:

Section 1.  The Community For Change Home Owners Association (hereinafter referred to as “ CFCHOA” ) located at 5 Morgans Run, Clifton Springs, NY 14432.

Section 2.  As per these Association by-laws, membership in the “CFCHOA” shall be limited to residents in the Prestige, Springbrook and Phelps Countyside Manufactured Home Communities. 

Section 3.  The Fiscal and Operating year of  “CFCHOA”  begins on the third Monday in May of each year and extends for a period of twelve months until the third Monday of May of the following year.

ARTICLE II: PURPOSE AND OBJECTIVES:

The general policy of “Community For Change Home Owners Association” is to develop a community quality of life that promotes the well-being, safety and peace of mind of its residents through reasonable expected standards of behavior and conduct, to promote harmony among residents, and between residents and owner/management.  This is to be accomplished by various means including:

Section 1.  Increasing the availability of and improving “ The Community Center” by providing a casual, user-friendly environment in which to socialize and enjoy activities.

Section 2.  Promoting social and personal relationships among residents.

Section 3.  Promoting family involvement through youth-oriented activities.

Section 4.  Maintaining and improving the quality of life for Prestige, Prestige II, Springbrook and Country Side residents through Community Events and services provided by “CFCHOA.”

Section 5.  Establishing a Community Relations Committee to hear and resolve disputes and problems among neighbors and between residents and management in all matters with the exception of individual contractual matters between Residents and Park Sales.  This panel serves at the pleasure of the Boards of Directors, but conducts its affairs independently of the Board of Directors and Management.  

ARTICLE III:  BOARD OF DIRECTORS:

Section 1.  The first Board of Directors shall consist of those persons named as the initial Board of Directors and shall hold office until the first Annual Meeting of Members and until their successors qualify and have been elected.  The Board of Directors shall be established as the Administrative entity for the execution of policies, programs, and all aspects of resident-related matters assumed and accepted by the “CFCHOA”.  This Administrative authority shall in no way lessen the rights and privileges of the Owner/Management.  The Board of Directors shall be an independent body.  Only Resident Members may serve on the Board of Directors.

 Section 2.  The Board of Directors shall consist of a President, Vice-President, Secretary, and Treasurer, as well as 3-5 Board Members-at-large.   There shall be a minimum of seven (7) and a maximum of nine (9) Board Members.  In order to be a duly-constituted Board of Directors, there must be a minimum of seven (7) Voting Members on the Board.  It is preferred that the Board Members are representative of each of the four parks. 

Section 3.  In the event that there is not a sufficient number of seats filled to constitute a seven-member Board, the newly elected members-at-large are to meet in caucus within seventy-two (72) hours of assuming office, and fill the vacancy (ies) so that the operating number on the Board of Directors is the minimum seven (7). Board Members may not elect more than the number of members it would take to make seven members on the Board.  These newly elected members shall hold office for the entire term of the current year.  

Section 4.  A vacancy existing on the Board from any cause other than expiration of term, shall be filled by appointment by the president with approval by a majority vote of the entire Board.  The person appointed shall hold office for the entire term of the member replaced.

Section 5.  The Board of Directors may remove any Director thereof for cause only, at any special meeting of the Board called for that purpose.  Cause is defined as: civil or criminal action, defamation of the “CFCHOA” name and reputation, using the “CFCHOA”  name for personal gain, verbal or physical abuse, Non-feasance; Malfeasance, repeated absence; dishonesty, failure to follow through on assignments. This recall action could be initiated by any resident.  The request will be reviewed by the Board of Directors.  If it is determined that there is cause, the member will be asked to voluntarily resign; if he/she fails to do so-The Board, at a special meeting may vote for/or against calling for a Resident-wide referendum to settle the matter.

Section 6.  A Director may resign from office at any time by delivering a written resignation to the Board of Directors.  Unless otherwise specified in the notice, the resignation shall take effect upon receipt thereof by the Board.  It may be withdrawn before the proposed resignation has been placed before the Board by the President stating the question of its acceptance, it may be withdrawn without consent of the Board, but it may not be withdrawn without permission of the Board once it has been placed before the Board for approval.

Section 7.  Owner/Management may appoint a Representative to sit at Board Meetings as a non-voting member.  Management’s failure to appoint such a representative, shall not affect the existence and functioning of the Board of Directors.  The Representative of the Owner (non-voting) will act as liaison to the Owner, in making decisions on behalf of the Owner.

Section 8.  In “CFCHOA” , the president, vice-president, secretary and treasurer shall constitute the executive committee.

 ARTICLE IV:  MEETINGS

Section 1.  The Annual Meeting is on the third Monday in May which is the beginning of the fiscal and operating year.  Regular meetings of the “CFCHOA”  will be held on the third Monday of each month, to be held at Prestige Community Center at 7:00p.m, unless otherwise noted.  Notices of meetings shall be included, whenever possible, in the Merchandiser newspaper. When a meeting falls on a holiday, or meeting is canceled for some unforeseen reason ( weather ) an alternate date will be selected by a majority vote of the Board of Directors.

Section 2.  Board of Directors Meetings shall be held on the first Monday of each month at the discretion of the Board, but always prior to the General Meeting so as to report to the residents. There shall be a minimum of six (6) Board Meetings throughout the operating year. 

Section 3.  There must be a quorum of Board Members present in order to have a duly constituted meeting.  A quorum consists of five (5) members of a nine (9) member Board, or four (4) of a seven (7) member Board.  One of the members of the quorum present must be either the President or the Vice President of the Board of Directors in order for a quorum to be declared valid.

Section 4.  A telephone conference quorum may be substituted for a physical meeting, in the event time does not allow for adequate measures to convene a meeting.  The President or Vice President of the Board of Directors must also be part of the quorum.  Minutes of this meeting must be taken by a Board Member.

Section 5.  Special and/or Emergency Board Meetings may be called by any Board Member.

Section 6.  A majority of the Members present in person shall constitute a quorum for the transaction of business at a Members’ (general) meeting.   Each Member shall have one vote upon all questions presented for action at any meeting of the Members.

Section 7.  Meeting Agenda: The following is the outline to be used:

      I.            Call to Order

    II.            Recognition – Announcements

  III.            Minutes of Last Meeting

  IV.            Treasurer’s Report

    V.            Community Center Use Report

  VI.            Committee Reports:

a.        Legislative Affairs

b.        Fund Raising Report

c.        Community Relations/Management Representative Report

VII.            Unfinished Business

VIII.            New Business

  IX.            Announcements – Informing the Members of Other Subjects and Events

    X.            Adjournment

 Section 8.  ROBERTS RULES OF ORDER shall be the governing authority for the conduct of meetings.

 ARTICLE V:  PARTICIPATION.

Section 1.  As this is a community cooperative, all residents may participate in events and the Resident/Board of Directors meetings.  Any resident may request to present some concern or suggestion at a regularly scheduled Board.  In order for a resident to participate in a Board meeting, a request to do so must be submitted, at least 24 hours before the meeting, in writing via letter or E-Mail addressed to either the Board President, Vice President, or Secretary, stating the purpose of the request.  The Cooperative E-Mail address is community4change@live.com .  The resident will be placed on the agenda for the meeting in question and discussion and participation will be limited to the subject for which he/she requested to be heard.

Section 2.  All residents are welcome to attend Board Meetings as observers and guests; as a matter of protocol however, they cannot participate in any discussions and must observe strict silence during the proceedings.

Section 3.  The Board will monitor the activities of the various areas and committees in the Cooperative as they are established and deemed necessary by the President of the Board, with Board approval, e.g.  House Committee, Bereavement Committee, Fund Raising Committee, Legislative Affairs Committee, Audit Committee, Breakfast Committee, Community Relations Committee, Community Center Manager & Coordinator and other needed committees.

Section 4.  A voting Member shall consist of a single paid membership to “CFCHOA.”  Residence in one of the parks is required for membership.  Membership cost is $5.00 per household, therefore there is one vote per household.

ARTICLE VI:  ELECTION OF “ THE BOARD OF DIRECTORS”

Section 1.  Residents 18 years of age and older are eligible to vote and run for a position on the Board of Directors.

Section 2.  The President, with Board approval, will appoint a Chairperson for the “Election Committee” from among the membership ranks of the residents, one month prior to the election.  The Election Committee’s function is to seek candidates for membership on the Board of Directors for the forthcoming term.  At the annual Residents’ Meeting on the third Monday in May of each year, the Election Committee will conduct the Annual Election, presenting a slate of the candidates it has nominated, and will then open the floor for additional nominations from the floor.  Candidates previously nominated by the Election Committee need not be present on the date of the election, however, any person nominated from the floor, must be present to accept or decline the nomination. 

Section 3.  All officers and directors shall be elected from candidates with membership in the “CFCHOA” of not less than six (6) months.  Candidates must be in good standings- membership dues are current, attendance at a minmum of six (6) general meetings in the 12 months preceding the election, which is documented by the Secretary.  Terms of office shall be for one (1) year, but can be set as necessary by the Board of Directors and approval by the Members of the “CFCHOA”.

Section 4.  Upon the closing of nominations, the Chairperson of the Election Committee shall conduct the voting process.  Voting shall be conducted by written ballot.  The entire slate of candidates shall be presented to the membership on the ballot at one time.  The chairperson shall appoint three (3) people to count the vote.  The results will be verified and certified by the current Board President and Secretary.

Section 5.  All persons elected to the Board of Directors, are elected as Members-at-Large.  At the conclusion of the Annual Residents’ Meeting, the newly elected Board Members shall immediately assume office.

Section 6.  There is no limit to the number of terms that may be served by any one individual.

Section 7.  At the end of each financial year, an Audit Committee consisting of a minimum of three persons shall be appointed by the President to conduct an audit of the financial records of the Association for the period since last audited (one year).  Each book of financial record, bank statements, vouchers, etc, must be initialed by the members of the audit committee and a statement as to the findings of the committee signed for inclusion in the “CFCHOA” minutes.

ARTICLE VII:  RESPONSIBILITIES OF OFFICERS

Section 1.  The President:

        I.            Will preside at all Resident and Board meetings

     II.            Shall appoint Chairpersons for committees, subject to Board confirmation, and be a member of all committees

   III.            Shall countersign checks submitted by the Treasurer for authorized expenditures

  IV.            Shall perform all duties incidental to his/her position as presented by the Board of Directors as per Parliamentary Procedures

     V.            With the exception of the community relations committee,  the president is a de facto member of all committees with the ability to vote on all issues being considered.

Section 2.  The Vice President

         I.            Will assist the President, and in his/her absence perform the duties of the President.

       II.            Is the Chairperson of the Legislative Affairs Committee

     III.            Shall succeed the President in his/her office, in the event of death, resignation, or removal.

     IV.            Will take the minutes of meetings when the Secretary is not present.

Section 3.  The Secretary

         I.            Will record the proceedings and transactions of all General Resident and Board Meetings.

       II.            Shall keep a copy of all minutes and correspondence pertinent to the office and turn them over to the successor.

     III.            Shall maintain the Board of Directors Procedural Manual.

     IV.            Will provide support for the various committees as required.

       V.            Shall receive all monies and keep a record of received funds.

Section 4.  The Treasurer

         I.            Shall receive from the secretary all money belonging to “CFCHOA” and deposit all money into the CFCHOA bank account.

       II.            Shall keep full and accurate accounts of receipts and disbursements in a ledger in accordance with good bookkeeping practice

     III.            Will give a report at Board and Resident meetings

     IV.            Shall open and maintain a checking account; write checks, sign them and present them to the President for approval and second signature.  Authorized expenditures are those approved by the Board

       V.            Shall make annual reports to the residents and Board of Directors

     VI.            Shall have accounts audited annually by all Board Members prior to the May meeting

   VII.            Will turn over and deliver to the successor all money, vouchers, books and papers belonging to “CFCHOA”

ARTICLE VIII  COMMUNITY CENTER RULES

Section 1.  The Board of Directors will administer the Community Center facility  in accordance with the By-Laws on behalf of the residents and any additional facilities which may become part of the Prestige amenities open to residents.

Section 2.  Rules will be established and administered by the Board to cover the every-day operations of this facility, e.g. scheduling of the hall, hours of operation, maintenance, use of the kitchen area, recreational equipment, etc.

For the purpose of administering programs and managing the facility, the Board of Directors establishes the following Manager’s Positions:  Community Center Manager, Community Center Coordinator.  These Managers shall be appointed by the Board upon receiving a board majority vote for each position. 

Section 3.  Any resident who schedules the use of the hall must be in attendance at the function for which it was reserved.  Under no circumstances may the resident use the facility for any function of a personal commercial nature advancing the interests of a business or promoting the use of products or services, or a for-profit private enterprise.

Section 4.  The Community Center can be reserved for Park Meetings and Social Events by any resident 18 years or older.  The attendees of the meetings must be residents of the park.  Non-resident guests of residents may attend social events.  The established “Community Center Rules”, shall be adhered to;  A Request Form for use of the Community Center shall be submitted, with a deposit.  If approved, the events will be posted on the Events Calendar located in the hall.  The Board will resolve all conflicts. 

ARTICLE VIIII:  FUNDING

Section 1.  All monies accumulated in the Board Treasury shall be used solely for the benefit of the residents in the form of supplies, social activities, special projects and/or enhancement of the Community Center for the exclusivity of Park Residents.  The Board of Directors is charged with the fiscal responsibility to allocate funds for events or purchases as circumstances dictate.  Such allocation can only be made as a result of approval by a vote of the Board Members at a duly constituted meeting where a quorum is present.  Under no circumstances is the Board of Directors permitted to enter into any financial agreements which encumber the association (CFCHOA) lending or borrowing purposed.  A Summary Report  is required to outline income/expense/profit/loss and other pertinent information of any expenditures made.  Said Summary Report will be kept on file and be available for future reference for inspection by any resident and when conducting a similar event.

Section 2.  All profits received as a result of a Board-approved activity will be turned over to the Board of Directors’ Treasury.  Any expense incurred without prior Board approval will not be compensated.  Receipts for all approved expenses are required for reimbursement.  Committee chairpersons will attend Board Meetings, whether regular or special, at the request of the Board.

ARTICLE X:  AMENDMENTS TO THE BY-LAWS