Sunset Beach Improvement Association

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CONSTITUTION
Amended Edition, December 2, 2003
 

NAME OF THE ASSOCIATION

          The name of the Association shall be Sunset Beach Improvement Association Incorporated, hereinafter referred to as the Association.

 

PREAMBLE OF THE CHARTER

          To enhance and promote the general welfare and advancement of the residents and property owners in the section of Anne Arundel County known as Sunset Beach, and the immediately surrounding communities.

          To foster and promote such measures and programs as will tend to improve the general conditions and attractiveness and increase the value of the properties in this section or development.

          To promote the enforcement of the covenants and agreements contained in the Deeds of the Sunset Beach Development Company, as they pertain to the development; and to encourage and promote the execution by the owners of property in said development of such agreements and covenants as will tend to accomplish the objects and purposes herein set forth.

          To unite and organize the residents and property owners in the said section or development, for the purpose of utilizing their combined resources, power and influence for the promotion of the general welfare of the community and for the furtherance of such measures and improvements as education, morals and recreational facilities of the community, for the benefit of the said development and the general public.

          The Corporation shall not be operated for profit; all incomes and revenue of the Corporation shall be expended only for the purpose of furthering the object and purposes of the Corporation.

          The duration of the Corporation shall be PERPETUAL.

 

DEFINITION OF “CONSTITUTION”

          The system of fundamental principals according to which a nation, state, corporation, or the like, is governed and guarantees certain rights to the people in PERPETUITY.

 

ARTICLE I:  MEMBERSHIP

          Any property owner and/or co-owner but not more than two (2) to a family, having property in Sunset Beach, are eligible for membership.  Membership shall mean both property owner and co-owner having a vote and voice in all business and elections conducted by the association.  Each shall constitute individual membership meaning two (2) members to property membership.

 

 ARTICLE II:  OFFICERS, BOARD MEMBERS AND THEIR ELECTIONS

--President                                                       --Corresponding Secretary

--Vice-President                                              --Treasurer

--Recording Secretary                                    --Board of Directors

 

            The officers and Board of Directors shall be elected annually.

 

ARTICLE III:  MEETINGS

      Meetings of this organization are to be held in  January, March, April,  June, September and October. These meetings shall be devoted to individual discussions of community issues.

 

 ARTICLE IV:  AMENDING THE CONSTITUTION

     Resolutions to propose amendments to this constitution may be made at any regular business meeting of the association at which there is a quorum (10% membership), and must be approved by a two-thirds (2/3) vote of those present.  All proposed amendments to the constitution shall be submitted in writing and with the sponsors’ name(s).  No amendment to the constitution shall be put to vote until that proposed amendment has been read to the membership at two (2) consecutive monthly meetings and voted on at the next meeting.  The amendment must pass by two-thirds (2/3) of the quorum (10%) present.

No amendments to the constitution shall be put to vote until all members have been notified by U.S. mail at the last known address, prior to the voting date, of its importance, the dates of the two readings and when it will be voted on, with the day, date and time.

BYLAWS

Amended Edition, March 6, 2007

 
ARTICLE I:  MEMBERSHIP

 

  1. Any property owner and/or co-owner, but not more than two (2) to a family having property in Sunset Beach are eligible for membership.  Membership shall mean both property owner and/or co-owner having a vote and voice in all business and elections conducted by the Association.  Each shall constitute individual membership, meaning two (2) members to property membership.

  1. Forfeiture of Membership:  If any member shall refuse or neglects to pay their dues within thirty (30) days after formal demand or notice has been made, they will be dropped from the roster.

  1. Reinstatement:  Pay dues.

  1. Responsibility of Membership:  The general membership will have the power to overrule any action of the Board of directors.

ARTICLE II:  FINANCES

 

  Dues will be set annually by the membership at the October meeting.  Membership shall extend from January 1 to December 31.  Membership privileges shall be active from the time dues are paid until the following December 31.

ARTICLE III: OFFICERS

  

  1. The officers shall consist of:
    1. President
    2. Vice-President
    3. Recording secretary
    4. Corresponding Secretary
    5. Treasurer

  1. Qualifications:  A minimum of one (1) year membership for office of President and Treasurer.

  1. Responsibilities of Position
    1. President:  The president shall preside at all meetings.  He shall issue the call for regular monthly and special board meetings.  He shall appoint the standing committees, and shall act as an ex-officiate member of the committee.  He shall see that these committees function and shall co-operate with the committee chairman toward that end.  He must appoint three (3) persons (not to be any current officer of board member) as trustees to audit the books of the Treasurer.  Audit to be conducted on April 1st and September 1st of each year.  He shall call for regular committee reports.  He shall appoint a sergeant-at-arms at each general meeting.

    1. Vice-President:  The Vice-President shall substitute for the President in case of absence or vacancy.  He shall, under the direction of the President, oversee the functioning of such committees as the President may designate.

    1. Recording Secretary:  The Recording Secretary shall record and maintain the minutes of regular membership and Board of Directors meetings, giving the President a copy of the minutes one (1) week prior to the regular meetings.  He shall also keep a list of all standing and special committees as are in existence.  He shall keep a copy of the Constitution and By-laws in the minutes book.

    1. Corresponding Secretary:  The Corresponding Secretary shall take care of all the correspondence pertaining to the organization and all others deemed necessary by the President.  He shall keep and maintain a list of all residents in the community, both members and non-members.

    1. Treasurer:  The Treasurer shall receive all monies and deposit the same in a bank recommended by the Board of Directors.  He shall pay out money only on written authority of the President.  All checks must be signed by the Treasurer and countersigned by the President.  He shall prepare and submit monthly financial reports to the Board of Directors and to the general organization.  The Treasurer must give a receipt for all monies received.

  1. Board of Directors:  The Board of Directors shall constitute the Executive Board of the organization.  They shall be responsible for the transactions of all business between meetings, shall have the power to overrule or modify the action of any officers of the organization.  The Board shall hold special meetings when called by the President of the organization or by written request of five (5) members of the organization.  Board of Directors meetings shall be held on the second Wednesday, after the general membership meeting of every month.

ARTICLE IV:  ELECTIONS -- TERM OF OFFICE -- VACANCY OF OFFICE

  1. Elections
    1. Nominations and elections of Officers and Board of Directors shall be held at the October meeting of each year.  Nominations may be made by the Nominating Committee and/or from the floor.  The elections will be by secret balloting.  (No Officers elected shall receive any compensation for any service rendered by/for the Association).

1)      It shall be the duty of the Chairperson to insure that no voting is undertaken until all nominations are closed and the nominee’s names are on the ballot.

2)      It shall be the duty of the Nominating Committee to insure that all members nominated are in good standing.

3)      To be nominated for any position of the Association during the annual general elections or for any position open during the year, a member must be present or have a signed letter stating his commitment and desire to run for the position during the nomination process.  A member may nominate himself/herself and all nominations must be seconded.

    1. The Board of Directors shall consist of eleven (11) members.
    2. The President and Chairman of Board of Directors are to be carried over to the next term as members of the Board of Directors.
    3. The Board of Directors shall consist of the officers and either four (4) or five (5) additional members to be elected.  The number of elected board members is to be determined the night of elections in the following manner:

1)      If the presiding President is voted out of office, the number to be elected will be four (4).

2)      If the presiding President is re-elected to office, the number to be elected will be five (5).

  1. Term of Office
    1. The term of office for all elected positions shall be for one year.
    2. No member shall run for the same office for more than two consecutive terms.
    3. If no member runs for a particular office, the incumbent may remain in that office until replaced.  All efforts to fill the office shall be made under new business at the next six meetings of the Association after the general election.  If no one accepts the nomination, the incumbent may remain for the full term.
  2. Vacancy of Office
    1. Whenever an Officer of the Association or Board Member vacates his/her position, due to any reason, the position must be open for nominations from the membership at the next Association meeting.  The first order of business under New Business shall be to take nominations to fill the position.  Voting to fill the position will be held at the next membership meeting.  Nominations from the floor will be petitioned and accepted at that meeting before voting for the position.  Voting shall be by secret ballot, and any ties will be determined by a flip of a coin by the Sergeant at Arms.
    2. An Interim Officer may be elected to fill the position until next meeting if a two thirds (2/3) vote of the membership present feels that it is in the best interest of the operational needs of the Association.
    3. The duties of a position must not be vacated (abandoned) until a resignation has been accepted and become effective, or at least until there has been a reasonable opportunity for it to be accepted.  Resignations should normally be submitted in writing to the Secretary.  The Chair on reading or announcing the resignation can assume a motion to accept it, or a member can move “that the resignation be accepted.”

ARTICLE V:  SPECIAL STANDING COMMITTEES

  1. Beach and Pier
    1. President will appoint Chairman and Co-chairman.
    2. Chairman will draft rules and regulations with approval of membership.
    3. Chairman will give receipt for all monies received for beach and pier 
  2. Playground – President will appoint Chairman and Co-chairman.

  1. Membership – President will appoint Chairman and Co-chairman.

ARTICLE VI:  MEETINGS

  1. General:  Meetings of the organization are to be held the first Tuesday of September, October, January, March, April, and June.”  An attendance of 10% of the members shall be necessary for a quorum at any meeting of the Organization.

  1. Special:  Called for by President, Board of Directors or any five (5) members of the Organization whenever needed.

ARTICLE VII:  RULES OF ORDER

  1. Governing Meetings:  Notwithstanding anything to the contrary, all Association general and special membership meetings and all Board of Directors meetings shall be governed by the following:  The Sunset Beach Improvement Association, Inc. Constitution, these By-Laws, Roberts Rules of Order (modified) where applicable and good prudent common sense.

  1. Sergeant-at-Arms and Tally members:  The chairman/chairwoman of the meeting will appoint a Sergeant-at-Arms to keep order at all membership meetings and will appoint tally members to count votes where applicable.

  1. Voting on Issues
    1. Voting for amendments to the Constitution and the By-Laws shall be by secret ballot and conducted by a Tally Committee.  (Must pass by two-thirds [2/3] of quorum [10%] of current membership.)
    2. Voting for Officers and Board of Director members shall be by secret ballot and conducted by a Tally Committee.  (Must pass by majority of attending members.)
    3. Voting on issues off the membership floor will be by hand count or yea/nay, unless a secret ballot is requested by a member and seconded by another member.  This is not debatable.  (Must pass by a majority of attending members.)
    4. Voting at Board of Directors meetings will be governed by their rules.

ARTICLE VIII:  AMENDMENTS

  1. Amendments to Constitution

Amendments to the Constitution shall be as provided for in Article IV of the Sunset Beach Improvement Association Inc.’s Constitution.

 

  1. Amendments to Bylaws.
    1. Resolutions to propose amendments to these by-laws may be made at any regular business meeting of the Association at which there is a quorum (10% membership), and must be approved by a two thirds (2/3) vote of those present.  All proposed amendments to these by-laws shall be submitted in writing and with the sponsors’ name(s).  No amendments to these by-laws shall be put to a vote until those proposed amendments have been read to the membership at two (2) consecutive monthly meetings and voted on at the next meeting.  The amendment must pass by two thirds (2/3) of the quorum (10%) present.

 

    1. No amendments to these by-laws shall be put to vote until all members have been notified by U.S. mail at the last known address, prior to the voting date, of its importance, the dates of the two readings and when it will be voted on, with the day, date and time.

SBIA AMENDMENT ARCHIVE SHEET

 

Vote/Revision

Date

Subject

Votes

Reading

Dates

10/01/1987

 

+

-

Abs.

 

8/01/2000

Article I, Membership

45

5

0

5/02/2000  

6/06/2000

Article II, Finances

48

2

0

Article IV, Elections

   A.  Article numbering change

B. Changing title

C. New wording under #1, Paragraph A

D.  New section under #1, Paragraph A, subsection 1

E.  New section under #1, Paragraph A, subsection 2

F.  New section under #1, Paragraph A, subsection 3

G. New sections under #2, Paragraphs A, B, C

H.  New section under #3, Paragraphs A, B, C

46

4

0

46

4

0

46

2

2

45

5

0

47

2

1

46

3

1

37

12

1

45

5

0

Article VII, Rules of Order

45

4

1

Article VIII, Amending By-Laws

47

2

1

12/02/2003

Article VI, Meetings

18

1

0

10/07/2003   11/04/2003

3/06/2007

Article II, Finances

24

0

0

10/03/2006     1/02/2007       2/06/2007