BY-LAWS OF GREENWOOD PARK-BELLS LAKE COMMUNITY CLUB (updated 2010)
ARTICLE I – NAME, LOCATION AND PURPOSE
Section 1.
The name of the corporation is Greenwood park-Bells Lake Community Club, the
corporation address shall be P.O. Box 714, Turnersville, NJ 08012, but meetings
may be held at such places within the state of New Jersey as may be designated
by the Board of Directors (BD).
Section 2.
As outlined in Article II of the Constitution.
ARTICLE II – BOARD OF DIRECTORS
Section 1.
The property and affairs of the Corporation shall be managed by a BD, elected by
the membership as provided in these by-laws. They shall have full power and it
shall be their duty to carry out the objectives of the Corporation.
Section 2.
- The BD shall consist of
15 directors, elected, as provided in Article IV.
- The terms of the office
of the original members of the BD and their duly appointed successors shall
expire at the annual meeting of the following year At each annual meeting,
five directors shall be elected and they shall serve a term of three years or
until their successors have been elected.
- Meetings of the BD shall
be held at least twelve times annually.
- Special meetings may be
called by the BD as deemed necessary, upon three days’ notice in writing.
- A majority of the current
directors shall be necessary to constitute a quorum for the transaction of
business. The acts of the majority of the Directors present at a meeting
shall be the acts of the BD.
- Vacancies in the BD shall
be filled by the election of a qualified member, and each person so elected
shall be a Director for the remaining unexpired term of the member whose
vacancy he fills. The number of Directors shall not drop below twelve.
- The BD may declare vacant
the office of a Director or officer if he is declared of unsound mind by an
Order of Court, or convicted of a felony, or for any other proper cause, or if
within forty-five(45) days after notice of his election he does not accept
such office either in writing or by attending a meeting of the BD, or if he
ceases to be an active member of the Corporation, provided however, when such
action is contemplated, the offending Director or officer shall be given ten
(10) days’ notice in writing of the meeting at which such action is
contemplated.
Any
officer or member of the Board may be removed from office with just cause.
Removal must be approved by the remaining BD less one (1). Any officer may
resign at any time by giving written notice to the Board, the President, or the
Secretary. Such resignation shall take effect on the date of receipt of such
notice or at any latter time specified therein, and unless otherwise specified
therein, the acceptance of such resignation shall not be necessary to make it
effective. If any member of the BD misses three (3) unexcused meetings during a
year, he shall automatically cease to be a Director by default and shall be so
notified in writing by the President and immediately suspended from all
privileges by the BD.
ARTICLE III – RESPONSIBILITIES OF THE BOARD
- Meetings shall be
presided over by the President. In his absence, the Vice-President shall
preside, and if neither the President nor Vice-President is present, the
Directors present shall elect a presiding officer for such meeting. The
Secretary, or in his absence a Director appointed by the presiding officer,
shall record the minutes of the meetings of the BD.
- The BD shall have the
power to make or authorized all purchases necessary or desirable for the
operation of the Club, to employ or authorize the employment of all employees
and to do or cause to be done all other things necessary for the operation and
maintenance of the Club, and to fix the compensation of the employees.
- Emergency expenses may
be authorized by a majority vote of the BD.
- The use of funds from
the available credit line may be authorized by a unanimous vote of the BD.
- The BD shall prescribe
rules for the operation and use of the Club facilities and perform such other
duties as they in their discretion may deem to be for the best interest of the
Corporation.
- The BD shall have
supervision over all committees and power to direct their effort and to alter
or amend all rules or regulations prescribed by any committee.
- The BD shall secure the
fidelity of the Treasurer of the Club and may secure the fidelity of any or
all of the officers, assistant officers, or employees by bond or otherwise,
and in such amount as shall be deemed proper.
- The BD shall require a
current financial statement to be made on the accounts of the Corporation,
which shall be submitted at the annual meeting of active members. This shall
include the current membership and financial status.
- Each Director of the
Corporation shall be indemnified by the Corporation against expenses
reasonably incurred by him and/or damages imposed upon him in connection with
the defense of, or as a result of, any action legally taken or alleged to have
been taken by him as a Director of the Corporation.
This indemnification shall not be effective in the case of any action as to
which he shall be liable under the provisions of any Federal or State Statutes,
or as to which he may be liable by reason of dereliction or negligence in the
performance of his duties as a Director of the Corporation.
ARTICLE IV – ELIGIBILITY FOR OFFICE AND ELECTIONS
- Only one active member in
good standing and over 21 years of age from each household shall be eligible
to serve as a member of the BD. No Director may hold any political or public
State, County, Borough, or Municipal office.
- The notices of the annual
meeting sent to the active membership shall state the names of the nominees.
Nominations for Directors shall be made in writing, signed by at least ten
active members and shall be mailed to the Secretary no later than 20 days
prior to the annual Membership Meeting. No nominations may be made from the
floor at the annual Membership Meeting.
- For services rendered to
the Corporation and as compensation for such services, the members of the BD
and his (her) immediate family members living in the same household during the
term of their office shall not be liable for the payment of annual dues to
the Corporation. A member of the BD or his (her) spouse shall be granted
annually during their term of office 30 complimentary guest passes.
- A vacancy among the EO
shall be filled by the directors for the unexpired term at a special emergency
meeting called within fourteen (14) days of the vacancy.
- When the voting for
filling a vacant Director position results in a tie between two or more
members, a majority vote of the sitting Board of Directors will determine the
member to fill the vacant position. If a Director is one of the members
involved in the election, the director will abstain from voting. If the vote
by the sitting Board of Directors results in a tie, the President, or the Vice
President in the absence of the President, will make the selection.
ARTICLE V – OFFICERS OF THE CORPORATION
- The Executive Officers (EO)
of the Corporation shall consist of a President, a Vice-President, a Secretary
and a Treasurer. There shall be such other officers and agents as the BD
shall provide for or designate.
- The initial EO of the
corporation and their successors shall serve until the annual meeting.
Thereafter, the executive officers shall be elected by and from the BD at the
first regular Board Meeting following the annual meeting of the Corporation.
- The EO of the Board shall
serve for a term of one year or until the successors are elected and have
qualified.
- A vacancy among the EO
shall be filled by the Directors for the unexpired term at a special emergency
meeting called within fourteen (14) days of the vacancy.
- Responsibilities of
the President: The
President shall preside at all meetings of the BD and of the members. The
President shall with the Secretary sign all contracts of affairs of the
corporation, shall make all appointments to Committees subject to confirmation
by the BD, shall be ex-officio a member of all Committees, shall perform all
other acts properly belonging to his office, including executive supervision
of all activities of the Club and of the employees thereof. The President may
authorize expenses and payment for unbudgeted expenses not to exceed $250.
- Duties of the
Vice-President: The vice
President shall perform all the duties of the President in the event of his
absence or disability. In the event that both the President and
Vice-President are absent the Board shall elect a presiding officer. The
Vice-President is in charge of the Operations Committee.
- Duties of the
Secretary: The Secretary shall
make and keep minutes of all meetings of the BD and of the meetings of the
active members and shall be prepared to present those minutes at the next, or
future meeting if required, conduct all official correspondence and shall be
responsible for keeping all records except financial records of the
Corporation, issue calls for meetings with the proper notice at the request of
the person or persons authorized to call meetings, attest the signature of the
officers of the Corporation when required on contracts or other papers
relating to the affairs of the Corporation and shall have custody of the
corporate seal, perform such other duties as may be appropriate to the office
or as may be required by the BD.
- Duties of the
Treasurer: The Treasurer
shall: Be responsible for the receipt of all monies due the Corporation and
deposit of same in banking institutions approved by the Directors, and make
all disbursements on approved billing and vouchers. All checks will be signed
by any two of the combination of the following: President, Vice-President and
Treasurer. When authorized by the President in writing, advance not to exceed
$300 to any officer, director or committee chairman of the Corporation or
employee who is required to make purchases for cash; Maintain such other
records as may be required of him by the BD; Be authorized to pay any charges
imposed by the designated banking institution for service if such charges are
deemed proper by him.
- All officers and Agents
of the Corporation as between themselves and the Corporation shall
respectively have such authority and perform such duties in the management of
the property and affairs of the Corporation as may be provided in the By-Laws
or as may be determined by resolution of the Board of Directors.
- The officers of the
Corporation shall be indemnified by the Corporation to the same extent and
subject to the same limitations as the Directors, and these By-laws.
ARTICLE VI – STANDING COMMITTEES
- The Standing Committees
(SC) of the corporation, appointed by the President with the approval of the
Officers, shall be Finance Committee, Operation Committee, Membership
Committee, Repair and Maintenance Committee, Swim Team Committee, Publicity
Committee, Entertainment Committee, Grounds Committee, Lake and Dam Committee,
Five-Year Plan Committee, and all other Committees deemed necessary for the
operation of the Club’s affairs.
- A Director shall act as
chairman of each standing committee. Each committee shall submit a budget for
approval by the BD. Any unbudgeted expenses must be approved by the BD. The
chairman of each committee shall give an accounting of all funds received and
expended by him prior to the next regular meeting of the BD and said report be
given to the Treasurer. Upon approval of and appropriation of money by the
BD, the committee shall be authorized to proceed with the execution of planned
improvements and maintenance.
- The number of members of
a SC shall be at the discretion of the BD.
- The Finance Committee
shall: prepare financial studies on
such projects as may be assigned to it by the BD, conduct all financing
operations of the Corporation, submit to the BD before the 1st of
December of each year an annual budget containing provisions for all
anticipated expenditures of the Corporation for the forth-coming year. (The
fiscal year shall be from January 1st to December 31st).
- The Operating
Committee shall: be chaired by the
Vice President. Each SC shall have one of its members as a member of the
Operations Committee. The Operations Committee shall be responsible for: The
employment of properly qualified lake and pool attendants at rates of pay to
be set by the BD; The condition and maintenance of the mechanical equipment
necessary to keep the lake, pool and bath houses in proper operation for the
safety and general welfare of the membership; The submission to the BD of all
estimates for repairs to and maintenance of all mechanical equipment necessary
to the operation of the bath houses, pool and lake, making all necessary rules
governing the operation of the Club facilities, including time of opening and
closing, conduct of the membership while using the facilities of the Club and
the duties of the employees; Acting on all complaints affecting the employees;
Acting on all violations of the Rules of Conduct in the use of the facilities;
reporting all major violations to the BD with explanation of the action taken
in each case.
- The Membership
Committee shall: maintain a
membership book containing the names and addresses of each member, in any case
where membership has been terminated, facts as to the reasons for termination
shall be reported in the books, together with the date on which membership
ceases. The Membership Committee is charged with responsibility for issuing
the membership cards of the Club, and is responsible for collection of
Membership Dues.
- The Maintenance
Committee shall: be responsible for
maintenance of the Club property, excepting the mechanical equipment necessary
to keep the pool and bathhouses in operation.
- The Grounds Committee
shall: be responsible for the
general upkeep of the grounds.
- The Lake and Dam
Committee shall: be responsible for
the upkeep, preservation, and general well being of the lake and dam.
- All other committees
shall: perform such duties and
functions as they shall be assigned from time to time by the BD.
ARTICLE VII – MEETINGS
Section 1.
The Annual Meeting of the Corporation shall be
held in September of each Calendar year.
- General membership
meetings shall be held as necessary with written notice of thirty days by the
BD.
- Committee meetings shall
be at the discretion of the committee chairperson.
Section 2.
Upon the written request of fifty (50) members to the Secretary stating the
purpose therefore, a special meeting of the membership shall be called by the BD
not less than ten (10) days nor more than thirty (30) days after receipt of such
request.
Section 3.
Meetings of the membership shall be held at such hour and place as designated by
the BD and shall be stated in the call for the meeting. The Secretary at the
request of the President or the BD shall call special meetings of the
membership.
Section 4.
The qualifications for voting shall be set forth
in ARTICLE VIII of the By-Laws.
Section 5.
A quorum at any meeting of the membership shall
consist of twenty-five (25) of such members entitled to vote at the meeting with
the exception as stated below:
- If the meeting cannot be
organized because a quorum has not attended, those present may, except as
otherwise provided in these Articles, adjourn the meeting to such time and
place as they determine; but in the case of any meeting called for the
election of directors, those who attend the second of such adjourned meeting,
although less than a quorum as fixed in this Article, shall nevertheless
constitute a quorum for the purpose of electing directors.
- A quorum of twenty
percent (20%) of the members in good standing is required at a meeting where a
purchase requiring a mortgage is discussed. A ¾ vote of this quorum is
necessary to approve such a mortgage. Whenever a proposal pertaining to the
sale or transfer of any real property, the following special quorum rules
apply: after the members in good standing have been duly notified of a
meeting not less than fifteen (15) days nor more than thirty days in advance,
fifty percent (50%) of these members shall constitute a quorum. If this
attendance requirement is not met, another meeting may be called subject to
the above written notice requirements not less than thirty (30) days nor more
than sixty (60) days after the first meeting. At this meeting, attendance of
twenty-five percent (25%) of the members shall constitute a quorum. A ¾ vote
of these members is necessary to approve passage of any sale or transfer of
Club land or amendments pertaining to sale or transfer of Club land. No
action may be taken if these quorum requirements are not met.
Section 6.
The active members entitled to vote present at a duly organized meeting can
continue to do business until adjournment, notwithstanding the withdrawal of
enough active members entitled to vote to leave less than a quorum.
Section 7.
A duly called meeting shall not be organized for transaction of business unless
a quorum is present.
Section 8.
“Robert’s Rules of Order, Revised” shall govern the conduct of business at all
meetings except when such rules are not in agreement with the Constitution or
By-Laws of the Club.
Section 9.
The order of business for all Club meetings shall
be; Reading of minutes of the previous meeting. Treasurer’s Report, Committee
Reports, Old Business, New Business, Adjournment.
ARTICLE VIII – MEMBERSHIP
Section 1.
The Club membership shall consist of active
members.
Section 2.
An active member shall be an individual or a
family group who has paid his/her Membership Fee, and has paid his/her dues for
the current year, and any other financial obligations to the Club that are
current. Each active member shall be entitled to one vote in meetings of the
membership. Votes must be cast in person. No member may vote by proxy.
Section 3.
For the purpose of this Article, a family group shall be defined as a single
person, or husband and wife and children whose permanent residence is the same
dwelling, except that the BD may, in specific instances, include in a family
group others than the above, whose residence is in the same building. This may
not be construed to include two (2) family groups, regardless of relationship.
In the event of a dispute, the status of any individual shall be as interpreted
by the BD after review by the Membership Committee.
Section 4.
The BD shall determine the amount of the
membership fee.
Section 5.
Special assessments may be levied for special purposes with the approval of a
majority of the members present and voting at a general membership meeting.
Section 6.
Any member may be suspended from the privileges
of the Club, or barred from membership for the infraction of any By-Law or Club
rule or regulation, including non-payment of dues within the time limit, or for
any act or conduct that is disorderly or injurious to the interests or hostile
to the objectives of the Club, or who is otherwise objectionable, provided that
the member shall have been given ten (10) days written notice of the time for
hearing at a meeting of the BD.
Section 7.
Active members are entitled to receive a copy of the By-Laws and Constitution by
request.
Section 8.
The BD may limit the total number of active members. The BD may also limit,
prior to the opening of memberships, the geographic area from which memberships
shall be accepted.
ARTICLE IX - MEMBERSHIP CERTIFICATES
Section 1.
Membership certificates shall not be transferable
by assignment or sale, nor be transferred through legal heirs or devisees or
otherwise upon the death of the owner thereof.
Section 2.
In the event that any active member holding a membership certificate shall die,
resign, or be removed from membership, the corporation may repurchase or cancel
such certificate at any time upon payment of the fee paid therefore by the
member, less any and all subscriptions, dues, taxes and depreciation as provided
for in these By-Laws and other charges then owing by the holder or former holder
thereof and by any members of the family. The Corporation shall not issue
additional certificates without having first repurchased or cancelled
certificates available as aforesaid. The Corporation shall in no way be
obligated to repurchase membership certificates unless there be a fully
qualified prospective member to whom such certificate can be transferred by the
Corporation with the exception of charter membership, as defined on the
certificate. Charter memberships are redeemable only when a homeowner moves.
Section 3.
The Membership Chairperson shall keep or cause to be kept a record showing the
names and addresses of the holders of certificates in a Corporation, together
with complete records of payment(s) and the number and the date of the
certificate(s) issued.
ARTICLE X – AMENDMENTS
Section 1.
Amendments to these By-Laws or to any portion
thereof may be made at an annual Meeting or at any other regularly called
meeting of the membership by a ¾ vote of the active members present at such a
meeting, provided that the proposed amendment or amendments shall have been
previously approved by the BD. The membership at large may call for a vote on
an amendment to the By-Laws through a petition in writing to the Secretary of
the Corporation, which is signed by at least fifteen percent (15%) of the active
members. The BD shall be required to call a meeting not less than ten (10) days
nor more than thirty (30) days after the receipt of such petition.
Section 2.
No change or amendment to these By-Laws may be made which will cause them to be
in conflict with the Constitution.
ARTICLE XI – ACQUISITION AND/OR ANNEXATION OF
ADDITIONAL
REAL ESTATE PROPERTIES
Section 1.
The Club may at any time annex additional
property in the boundaries of the area known as Greenwood Park-Bells Lake.
Section 2.
A gift of Real Property which is free and clear
of any encumbrances may be accepted by the BD. Rejections will be subject to
the approval of the members.
Section 3.
If Real Property is to be purchased, the recommendation of the BD listing all
details of the proposed purchase will be presented to the members for approval.
Approval of purchase requires affirmative votes from 2/3 of the members present
at the meeting, notice of which shall be given in writing not less than five (5)
days beforehand. If such real property purchase requires a mortgage, then the
special quorum rules in Article VII, Section 5(b) apply.
ARTICLE XII – DISSOLUTION
If the Club is to be
dissolved because of insolvency, or any other valid reason, the following
procedure will be followed:
¾ vote of the members
present at any regular or special meeting will be necessary to initiate
dissolution.
On obtaining a ¾ majority,
letters of intent to dissolve will be mailed to all members, Statement of
Agreement” must be signed by ¾ of the members. All of the above being done, the
Club will dissolve in accordance with Article IX of the Constitution.
ARTICLE XIII – DURATION
The Corporation shall exist
perpetually.
ARTICLE XIV – REORGANIZATION
These By-Laws shall become
effective subject to the approval of changes.
Respectfully Submitted,
June 4, 1990
Norma Meyer, Chairperson
By-Law Committee
Amended September, 1997
Amended September, 2001