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HURON POINTE HOMEOWNERS ASSOCIATION, INC.

BY-LAWS

ADOPTED 1/95

AS AMENDED/ADOPTED 12/04

AS AMENDED/ADOPTED 12/05

 

ARTICLE I - NAME

The title by which said corporation shall be legally known is "Huron Pointe Homeowner's Association, Inc."

 

ARTICLE II - DISTRICT

The primary district is that originally subdivided by Dalby Campbell and consists of all of St. Clair Haven Subdivision. The district was expanded in 2005 to include all single family residential use properties on South River Road, east of the St. Clair Haven Subdivision.  

 

ARTICLE III - PURPOSE

Section 1.   The purpose or purposes of the Huron Pointe Homeowner's Association, Inc., shall be to promote the interests and welfare of its members, to encourage the strengthening of neighborhood ties through social activities, to encourage and promote the use of the building restrictions per the deed restrictions, promote the cooperation of the Harrison Township and Macomb County Governments in the construction and maintenance of public improvements within the District, and all other matters for the welfare and advancement of property owners.

Section 2.   The Association shall be non-sectarian.  Religious discussion shall not be allowed.

Section 3.   Partisan political discussions shall be permitted provided prior approval of three (3) of the four (4) elected officers is granted before the meeting, based on the discussion being beneficial to the Association.

 

ARTICLE IV - MEMBERSHIP

Section 1.    Membership in the Huron Pointe Homeowner's Association shall be composed of Active Members.

Section 2.   Members shall be property owners, residents or not, whose dues are current.  Membership ceases if dues are not paid by January 1st.

Section 3.   Each membership shall be limited to two members, each of which shall be either a co-owner or co-resident.

 

ARTICLE V - VOTING RIGHTS

Each member has the right to cast one vote. All voters must be of legal age.

 

ARTICLE VI - DUES AND FUNDS

Section 1.   Fiscal year shall be January 1 through December 31 inclusive.

Section 2.   Annual dues per membership shall be twenty-five ($25.00).  $15.00 shall be placed in the general operating fund and $10.00 shall be placed in a special fund labeled "Legal Advice" and used only for that purpose.  The Board of Directors shall have the power to use monies from that fund for legal advice on matters as they see fit without general membership approval.  Annual dues may change by a vote of the general membership.

Section 3.   Dues shall be payable to the Treasurer prior to admittance to membership and are due on the first day of January.

Section 4.   All funds collected by the Association shall be used exclusively for the protection, advancement and in the interest of the Huron Pointe Homeowner's Association, Inc.

Section 5.   Special purpose funds shall be kept in escrow or trust solely for the purpose for which collected.  See executed Trust Agreement that becomes a part of these by-laws as of 1985.

Section 6.   All articles, supplies and other property purchased by and for the Association shall remain the property of the Association.  The Treasurer shall be responsible for their accounting.

Section 7.   The Treasurer shall maintain a special purpose fund labeled "Legal Advice", which shall be used for only that purpose.  At the end of the fiscal year, all monies in the fund in excess of $1,000.00 shall be transferred into the general operating fund of the Association.

Section 8.   New members who join the Association after October 1st shall be considered as paid through the following calendar year.  New membership shall be defined as one who has not maintained a membership for the prior two (2) years.

 

ARTICLE VII - OFFICERS AND COMMITTEES

Section 1.   The elected officers of this Association shall be President, Vice-President, Secretary, Treasurer and three (3) Trustees.

Section 2.    There shall be an executive board composed of the elected officers and three (3) trustees.

Section 3.   Any office or trusteeship vacated by death or any other reason shall be filled for the unexpired term by the president, subject to approval by the executive board.

Section 4.   Committees may be formed or discharged by the President, subject to the approval of the majority of the executive board.

Section 5.     All elected officers shall serve without remuneration but shall receive free membership in the Association during the term of their office.

 

ARTICLE VIII - DUTIES

Section 1.    The President shall preside at all meetings of the Association and Executive Board.  He shall appoint a Chairman for all committees and appoint street captains.  He shall call meetings of the Executive Board at such times as he may deem it advisable.  He shall call special meetings of the Executive Board and of the Association at the written request of not less than three (3) members of the Board.  It is his duty to carry out the will of the Board and/or the Membership in a manner consistent with the authority and responsibility vested in his office.  He shall have the authority, in the name of the Association, to incur bills, borrow money, sign notes, drafts, or other evidences of debt and order withdrawal of funds from the depository for the benefit of the Association, subject to approval of the Executive Board for all transactions involving $500.00 or less.

Section 2.   The Vice-President shall assist the President in the discharge of his duties, and in his absence or inability to act, shall perform the duties and exercise the powers of the President.

Section 3.   The Secretary shall give notice of all meetings of the Executive Board and the Association, shall attend all meetings and keep a true and accurate record of their proceedings, and shall keep a complete list of all members of the Association and their addresses and phone numbers.  The Secretary shall carry on the correspondence of the Association as directed by the membership or the Executive Board regularly assembled.

Section 4.   The Treasurer shall collect all money due and payable to the Association and deposit it in a bank approved by the Executive Board, in the name of the Association. The Treasurer shall keep accounts of all monies received by or expended for the Association.  Funds of the Association shall be expended as follows:

  • Regular bills coincident to normal functioning of the Association shall be paid promptly by the Treasurer and approval of the Treasurer's Report at Executive Board meetings shall constitute authorization for these disbursements.

  •  Unusual expenditures, or advances to committee chairpersons shall be approved in advance by the President, Vice-President and sanctioned by the membership regularly assembled.

  • When the term of office expires, the Treasurer shall deliver to the successor all monies, account books and files, and all properties belonging to the Association that are in his possession and control.

 

The books and records of the Treasurer shall be audited as soon as practical after the close of the year by a committee of three (3), appointed by the President at the last meeting of the fiscal year.  Report of their findings shall be made at the first meeting of the new fiscal year.

 

The Treasurer and the Secretary shall be bonded as authorized by the Executive Board, cost of same to be paid by the Association.

 

The Treasurer or the President or the President's annual designee shall sign the checks.

 

Section 5.   The Executive Board shall sit in an advisory capacity to the President, and make general recommendations to the Association along the lines of policy and finance.  The Board shall designate a depository in which the Association funds shall be kept, and for the amount of the Treasurer's bond.  They shall have the authority to take such action as may be required in other sections of these by-laws.

Section 6.     The various sub-committees shall act under the direction of the President and Executive Board.

Section 7.   The term of office for the President, Vice President, Secretary and Treasurer shall be one (1) year. One (1) trustee shall be elected each year for a period of two (2) years. The third trustee shall be the retiring president for a term of one (1) year.  In the event that the incumbent president is re-elected or declines the trusteeship, the third trustee shall be elected at the annual election to serve for a term of one (1) year. Any office holder, at the end of his term, may be re-elected without limitations. In years where two (2) trustees are elected, the trustee with the most votes is elected for the two (2) year term. In the event of a tie, the newly elected President will designate the two year term trustee.

Section 8.   All references to gender in the above section shall be construed to mean male or female; he or she.

 

ARTICLE IX - MEETINGS

Section 1.   There shall be at least four (4) regular membership meetings during the year on dates and times to be set by the Board of Directors.

Section 2.   Special meetings may be called by the president or executive board.  Notice must be given to every member at least three (3) days before the time of the meeting.

Section 3.   Emergency meetings may be called by notifying members in any way possible, and provided an attempt has been made to reach every member, and provided there is a quorum present, the meeting may be held to transact such business as is necessary to meet the emergency at hand.

Section 4.   The executive board will meet four (4) times a year or as necessary and will be called by the president.   Three (3) members of the Board may also call a meeting.  In either case, the Secretary will notify all board members in any manner practical.  (A quorum must be present to transact any business.)

Section 5.    Nomination of officers shall be made at a regular membership meeting in November prior to the election meeting. Notice of such election meeting and request for nominations shall be sent to each member prior to the election meeting. The election meeting shall be held no later than January 21st. The use of absentee voting will be put in place. A committee shall be established to determine the procedures for absentee voting.

Section 6.      A quorum for a regular membership meeting shall be five percent (5%) of the membership and for an executive board meeting it shall be four (4) members of the board.

Section 7.      In case of disability or absence of the president and vice-president, the chair will revert to the secretary and then to the treasurer.  The chair will have power to appoint officers pro tem to fill the remaining vacancies.

Section 8.   At any regular membership meeting the following order of business shall be observed: 

1.       Roll call of the officers

2.      Introduction of new members and guests

3.      Reading of minutes of the last meeting

4.      Treasurer's report

5.      Reports of the executive board

6.      Reports of the committees

7.      Communications

8.      Unfinished business

9.      New business

10.     Nominations and election of officers (when appropriate)

11.      Adjournment

 

ARTICLE X - RULES OF ORDER

Section 1.   All meetings shall be conducted under the regulations set forth in Robert's Rules of Order.  It shall require two thirds (2/3) of the members voting to suspend the rules of order.

Section 2.   When a question is before the meeting, no motion shall be entertained except:

1.                  to adjourn

2.                 to table

3.                 the previous question (2/3) required

4.                 to postpone

5.                 to commit or refer

6.                 to amend

The preceding motions shall have precedence in the order given.  The first three shall be decided without debate.  The third requires a 2/3 vote to carry.

Section 3.      If any three (3) members request it, a show of hands vote shall be taken and the vote so taken be recorded in the minutes.  In the case of a tie vote, the president shall cast the deciding vote.

Section 4.      A motion to reconsider shall be made by a member who voted with the majority and he shall do so at the same or the next succeeding meeting.

 

ARTICLE XI - NOMINATION - ELECTIONS - RESIGNATIONS

Section 1.   At a regular membership meeting, the president shall appoint a nominating committee of at least three (3) members, not more than one (1) of whom shall be an officer or trustee, who shall prepare a slate of candidates for each office to be presented to the membership at the November meeting. Nomination of candidates for any office may also be made from the floor or submitted in writing at the November meeting as long as each nominee receives support. The nominating committee shall determine the availability of each candidate for office and their eligibility as defined by Article IV-Membership, by the November meeting.   

Section 2.   Prior to the regular election meeting, the slate of candidates shall be made available to the membership.  Voting may be done by absentee ballot or at the election meeting.

Section 3.   The president shall appoint an election committee of three (3) members to count the ballots and report the results of the election.

Section 4.   New officers shall take office immediately and close the election meeting.

Section 5.   Resignations from office shall be made in writing to the Secretary who shall present same to the president, and upon acceptance by the president; the officer may honorably withdraw to the rank of member in good standing.

Section 6.   Vacancies occurring in any elective office shall be filled by appointment by the president, subject to confirmation by the executive board, for the completion of the unexpired term.

 

ARTICLE XII - DISCIPLINARY ACTION

Section 1.   The association may by two-thirds (2/3) vote at a regular membership meeting terminate the membership of any member for misconduct which the assembly may regard as prejudicial to the purpose and welfare of this association.

Section 2.   Any member of the board absent from three (3) consecutive meetings (regular or executive) without excusable notification to the executive board shall be automatically removed from the office or trusteeship.

 

ARTICLE XIII - MISCELLANEOUS

Section 1.   These by-laws may be amended, revised or rewritten as required, provided they are read and approved by two thirds (2/3) vote at two consecutive regular membership meetings. Or they may be amended, revised or rewritten by a two thirds (2/3) vote at any regular membership meeting provided the proposed changes have been fully stated in writing and mailed to each active member at least twenty (20) days prior to such meeting.

Section 2.   When such motions to amend or motion for new by-laws are properly placed before the meeting for consideration, they may, before final action thereon, be changed or amended by a majority vote.

Section 3.   No political literature may be distributed with flyers or notices of the Huron Pointe Homeowners Association.

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