Members please review current Bylaws and see other post for Updated bylaws to see proposed changes

Morse Lakes Property Owners’ Association, Inc.

Constitution And By-Laws

January 2018

Constitution

 

Article 1.      Name

The name of this corporation shall be the Morse Lakes Property Owners’ Association, Inc., hereafter designated as the Association.

 

Article 2.      Purpose

The purpose of this association shall be to promote social, athletic and literary activities among its members.  To establish, maintain and operate recreational facilities for its members.  To promote the economic welfare of the members in conserving their individual properties at Morse Lakes.  To maintain, govern and improve the Association’s properties, such as the lakes, peripheral lake lots, clubhouse, playgrounds, beach and roads, and pay the taxes thereon, and maintain adequate insurance coverage on all Association facilities and properties.

 

Article 3.      Membership

• Any person owning property in what is known as the Morse Lakes Community shall become members of the Association.
• Such property owners shall be bound by the Constitution and By-Laws of the Association. Upon payment of the dues and any assessments that may be due, such property owners shall be considered members in good standing.
• Persons who do not own property, but are residents in Morse Lakes, either part-time or all year round, may be admitted as members in the same manner as active members. Such members shall enjoy all the privileges of active members, except the right to vote or hold office as long as the owner of the property is a member in good standing.

 

Article 4.      Fiscal Year

The fiscal year of the Association shall run concurrently with the calendar year, January 1^st through December 31^st.

 

Article 5.      Meetings

• All Association meetings shall be governed by Robert’s Rule of Order and in all cases not covered by the Association’s Constitution and By-Laws.

 

• Semi-annual meetings of the Association shall be held on or about the fifteenth of April and on or about the fifteenth of October, each year, in the clubhouse or a place within the confines of Morse Lakes, designated by the officers.

 

• Special meetings may be called by the Secretary, on the advice and approval of the President, or as may be further provided for in the By-Laws of the Association.

 

Article 6.      Officers

The elected officers of this Association shall be a President, Vice-President, Secretary and Treasurer, and Clubhouse Manager, in who shall be vested the management of the Association.  All officers must be elected at the October meeting of the Association by acclamation or by means of a closed ballot, and they shall assume office immediately upon election for a period of 2 years.  All officers must be permanent residents of Morse Lakes.

 

– It was established by quorum and majority vote on the 14^th of October 2001 that Article 6 of the Constitution, “Officers”, be modified to include Property/Dam Manager as an elected officer of the Association.

 

 By-Laws

 

Article 1.      Quorum and Voting

• A quorum at any meeting shall consist of 20 percent of the membership of the Association. For voting on a specific issue upon which all members have been notified in writing 10 days prior to the meeting, written proxy votes shall count towards the number required for a quorum.  Written votes and/or proxies shall be presented at the meeting or delivered to the Secretary 24 hours prior to the meeting.

 

• Each member family shall be limited to cast one (1) vote.

Article 2.      Dues and Assessments

There shall be a one thousand dollar ($1000.00) initiation fee payable by the new property owner.  A new property shall be defined as owner(s) of record of lot(s) existing or new dwellings.

 

If properties outside of the MLPOA borders where allowed, by a majority vote, to join the association – the initiation fee would be ten thousand dollars ($10,000).

 

It was established by quorum and majority vote on the 14^th of October 2001 that Article 2, (a, c, d and f) Dues and Assessments are modified as follows:

 

• The regular dues of this Association shall be the amount set according to the latest amendment. First half of the amount due January 1  If not remitted by January 15^th, a late fee of  $25.00 per month until the full amount of the annual dues is paid shall be charged.  The second half of the amount is due March 1^st.

 

• Additional dues and assessments may not be called for except with the approval of fifty-one (51) percent of all those casting ballots. All members of the Association shall be entitled to vote and ballots shall be distributed to all members at least ten (10) days prior to the date of any such vote.  The vote may be either a written ballot deposited with the Secretary or by presence at the meeting.  Written ballots deposited with the Secretary shall be counted as part of the quorum for the meeting.
• Any member failing to pay annual dues and/or assessments, by March 15^th shall be subject to suspension of privileges as of that date. Such members shall be reinstated to good standing upon payment of dues and/or assessments in arrears.

 

• The Board of Directors shall take legal action on April 1^st against those who are delinquent and fail to pay their Association dues and/or assessments. If legal action is taken against any member for non-payment of dues and/or assessments, said member shall be responsible for all legal fees incurred by the Association.
• The Board of Directors may, at their discretion, arrange a payment schedule different from that noted in Article 2(a) for any member who claims and is approved for hardship consideration. Any such schedule must be in a formal agreement signed by the member and the Association President and Treasurer prior to January 1^st and reviewed annually.

 

• The Board of Directors may, at their discretion, waive the dues for a calendar year for any Association member with a proven hardship. Hardships must be proven by January 1^st.

 

• A graduated dues increase over the next five (5) years shall go into effect January 1, 1988. The schedule is as follows:

 

$100.00 increase in 1988  Total dues $300.00

$  50.00 increase in 1989  Total dues $350.00

$  25.00 increase in 1990  Total dues $375.00

$  25.00 increase in 1991  Total dues $400.00

$  25.00 increase in 1992  Total dues $425.00

 

• It was established by quorum and majority vote on the 23rd of January 2000 that annual dues shall be increased to $500.00.  Also established by quorum and majority vote was a per-member assessment of $116.60 per year to pay for FEMA loan to the Association for slope and dam repairs.  This assessment shall remain in effect for 8 years.

 

• A graduated dues increase over the next five (5) years shall go into effect January 1, 2003. The schedule is as follows:

 

$  50.00 increase in 2003  Total dues $550.00

$  25.00 increase in 2004  Total dues $575.00

$  25.00 increase in 2005  Total dues $600.00

$  25.00 increase in 2006  Total dues $625.00

$  25.00 increase in 2007  Total dues $650.00

$  25.00 increase in 2008   Total dues $675.00

 

• The Board voted to keep a minimum of $25,000 in the Association accounts at all times, to be kept as a reserve in case of emergency.

 

Article 3.                      Duties of the Board of Directors

• President – The President shall perform the duties assigned to this office. He/She shall preside at all meetings, appoint necessary committees and shall have general supervision of the affairs of the Association.  He/She shall be exempt from dues during this term.

 

• Vice President – The Vice President shall perform all duties assigned to him/her by the President. In the absence of or in the event of the resignation of the President, he/she shall perform the duties of that office.

 

• Secretary – The Secretary shall keep and preserve records of meetings and proceedings of the Association, issue notices of meetings, record the list members and conduct the general correspondence of the Association. He/She shall also screen all bills and have them properly approved by the President before presentation to the Treasurer for payment.  Due to the burden of this office, the Secretary shall be exempt from paying dues during his/her tenure.

 

• Treasurer – The Treasurer shall have custody of all funds of the Association and shall make disbursements only upon written orders of the President and Secretary. He/She shall keep the Association’s funds in a local bank, to be designated and approved by the officers.  He/She shall collect and record dues and/or assessments and shall submit a complete financial statement at the meetings of the Association and also make a brief statement of receipts and disbursements at each of the meetings of the Officers.  The Treasurer shall be exempt from dues.

 

• Section Representatives – The Section Representatives, who are elected for a two (2) year term, shall keep in contact with property owners in their assigned sections and express the will of such property owners at regular officers’ meetings. They shall visit and welcome new property owners in their section and familiarize them with the purposes and functions of the Association.  They shall also advise and assist the other officers of the Association and shall be members of the Board of Directors of the Association.  There shall be a maximum of ten (10) section representatives serving the Board at any one time.

 

• Clubhouse Manager – The Clubhouse Manager shall be a member of the Board of Directors and be elected for a two (2) year term and shall be in charge of the clubhouse and all indoor and outdoor effects owned by the Association. He/She shall distribute keys to authorized members only.  He/She shall be responsible for gate maintenance.  He/She shall keep an inventory of the Association property and at the membership meetings submit a written account to the officers, which shall be read to the membership.   It was established by quorum and majority vote on October 20, 1996, that the position of Clubhouse Manager shall be made dues exempt.

 

• Article 3 Section (g) of the Bylaws is modified as follows: Position of “Road Commissioner” is hereby renamed “Property/Dam Manager,” and shall be a dues-exempt position on the Board of Directors.

 

Property/Dam Manager – The Property/Dam Manager shall be a member of the Board of Directors and shall be elected for a two (2) year term to run concurrently with that of the President.  He/She shall be charged with the care and maintenance of all Association owned lands, roads, culverts, spillways, road signs and directories.  He/She shall report periodically to the President and submit written reports to the officers, the Board of Directors, and to the Association membership at regular meetings.  The Property/Dam Manager shall be a dues-exempt position on the Board of Directors.

 

• Officers’ Meetings – The Officers, Section Representatives, Road Commissioner and Custodian shall serve as the Board of Directors and shall hold monthly meetings throughout the year for the conduct of the business of the Association.

 

Article 4.      Trustees

• There shall be three (3) Trustees of the Association. Together with the President, they shall set up a recommended budget at the beginning of each fiscal year and submit same to the Board of Directors for approval.  They shall also supervise any reserve funds that may be set up by the Officers and Directors.  They shall examine and audit the records, books and documents of the Association and submit a written annual report to the Officers, which shall be read to the membership at the October meeting.
• The Trustees shall be elected by the membership in the following manner:
  • At the annual meeting in 1960, three (3) Trustees were elected, one for a term of three (3) years, one for a term of two (2) years and one for a term of one (1) year.
  • At each October meeting, thereafter, one (1) Trustee shall be elected for a term of three (3) years.
  • If a vacancy should occur in the Board of Trustees, the Board of Directors shall fill the vacancy at the regular or special meeting. Such appointee is to serve until the next membership meeting, at which time a successor shall be elected to complete the term of the vacated office.

 

Article 5. Special Meetings

Special meetings of the Association may be called at any time by the Secretary at the direction of the President.  It shall also be the duty of the President to call a special meeting whenever requested in writing to do so by ten (10) members in good standing, holding no office and entitled to vote at such meetings.  At any special meeting, no business shall be transacted other than that stated in the notice of such meeting.

 

Article 6.      Amendments

The Constitution and By-Laws may be amended by a majority vote of the members at any regular or special membership meeting, provided that all members have been notified in writing ten (10) days prior of such proposed change, in the notice of such meeting.

 

Article 7.      Voting

At any regular or special meeting of the Association, the majority vote of the members shall govern except as otherwise provided herein and said vote may be either vocal or in writing.  Each dues paying property owner shall have one (1) vote at the regular or special meeting of the Association.  The vote may either be a written ballot deposited with the Secretary or by presence at the meeting.  Written ballots deposited with the Secretary shall be counted as part of the quorum for the meeting.

 

Article 8.      Notice of Meetings

Written notice of every regular or special meeting, stating time, place and purpose, shall be served personally or by mail, not less than ten (10) nor more than twenty (20) days preceding such meeting, to each member of record.  If mailed, the notice shall be directed to such member at his/her address as it appears on the records of the Secretary, unless he/she shall have filed with the Secretary written request that notices be mailed or delivered to some other address.

 

Article 9.      Privileges of Members and Rules for

Use of Facilities

The right of members to use the beach and recreation areas, clubhouse and other facilities owned by the Association is restricted to members as defined by the Constitution and By-Laws of this Association.  Such members, their families and guests may use any or all of the Association’s facilities, at their own risk, and shall abide by the following rules and regulations:

 

• Badges indicating membership in good standing must be worn or displayed, when such are provided by the Association. Authorized representatives of the Association have the authority to question users of the beach, lakes or recreation facilities as to their identity, and failure to provide satisfactory information may result in ejection from the premises.

 

• Disorderly conduct, unnecessary roughness or other objectionable conduct shall not be tolerated and may result in suspension of playground beach and lake privileges.
• Ball playing at the beach area is limited to the use of soft rubber balls only. If such playing becomes a nuisance or a hazard to the safety of others, the playing must be terminated.  The throwing of sand, stones, or other dangerous objects shall not be tolerated.

 

• The landing of boats and canoes at the beach area or at the floating rafts shall not be permitted, except as may be designated.

 

• Picnics and/or parties in or around Association owned property shall not be permitted only on permission of the Association officers.

 

• Fishing shall be permitted from April to November and as regulated by State laws. Fishing through the ice is not permitted, and no fishing is permitted from the beach or playground areas.

 

• The use of boats on the lakes shall be restricted to those propelled by oars, paddles, sails or electric trolling motors. There shall be no gas-powered motors of any kind permitted at any time.  Those wishing to use an electric trolling motor must meet the Board of Directors approval and may not exceed 25 lbs. Of thrust.  These electric trolling motors are to be USED AT THE OWNER’S RISK.

 

• No domestic animals shall be permitted in the recreational area.

 

• The use of soap shall not be permitted in the lakes.
• Washing, cleaning or polishing of automobiles or other vehicles in or around the recreation areas is prohibited.
• All refuse shall be deposited in the receptacles provided.
• It is against the Borough of Bloomingdale ordinances to park along Morse Lakes Road and Raffman Road. It is similarly prohibited to park in areas where it may create danger to moving traffic.  Parking of cars in the beach areas is permitted only in the parking lot in front of the clubhouse.

 

• The speed limit on all Association owned roads shall be twenty (20) miles per hour.

 

Article 10.    Property Owner’s Responsibilities

Each home or property owner, when considering plans for new construction, alterations, or additions to pre-existing structures, shall be guided by the zoning, building and sanitary codes of the Borough of Bloomingdale, and obtain any necessary required variances and/or permits required.  The Board of Directors shall be notified in writing at least twenty-one (21) days before the start of any new building or proposed additions.

 

• Homebuilders and/or home owners shall at their own expense, provide adequate drainage under driveways and walks connected to or to be connected to existing or future public or privately owned roads.