ARTICLE I
Association Title
Section 1. This association shall be known as the Property Owners of Eaton’s Neck Beach, Inc. It shall be a non-profit organization.
ARTICLE II
Purpose
Section 1. The purposes of this association are to further and protect the mutual interests of the members and to advance the common welfare of the residents in all sections of the area known as Eaton’s Neck Beach (hereinafter called the Area), as shown on filed maps for the Town of Huntington, Suffolk County, New York, such land being formerly owned by the Eaton’s Neck Sound Corporation, described in a Declaration of the 26th of October 1955 and also declarations or addenda for Valley Grove Sections 3, 4 and 5 and in connection therewith to own and maintain certain property for the benefit of the voting membership.
ARTICLE III
Membership
Section 1. Eligibility – Any individual of voting age residing within the Area or owning a Lot or Lands within the Area shall be eligible for membership in one of the forms set forth in Section 2.
Section 2. Types of Membership
a.) Voting Member – Any individual, group of individuals, family or organization who own a Lot or Lands in the Area shall be admitted to this class of membership upon becoming members in good standing by payment of dues as set forth in Article V. Voting Members in Good Standing shall be represented by one (1) vote per household regardless of the number of properties owned or the manner in which Title to the property is held.
- Voting Members in good standing shall have full and complete rights and privileges, subject to rules and regulations herein enunciated and promulgated pursuant to authority granted herein, of the Association.
- The rights of a Voting Member shall not be either assignable or transferable. Privileges of this class of membership may be assigned or transferred upon consent of a majority of the Board of Directors.
b.) Limited Membership – People residing but not owning property within the Area may be eligible for this class of membership upon payment of dues as set forth in Article V and subject to approval by a majority of the Board of Directors.
- A limited member in good standing shall be entitled to all the privileges afforded by the Association, subject to conformity with the rules and regulations herein enunciated or promulgated pursuant to authority granted herein.
- Nothing contained in these by-laws shall be deemed to grant unto a limited member either the right to vote or to share in the assets of the Association.
- The privileges of a limited member are neither assignable nor transferable. All privileges acquired by virtue of this class of membership are terminated when the holder ceases to reside within the Area.
c.) General – Except where directly prohibited herein the Board of Directors shall have the right to adopt such rules and regulations governing assignability of membership privileges, as it deems necessary.
ARTICLE IV
Voting
a.) Eligibility – All Voting Members who are in good standing shall be entitled to vote in accordance with Article III, Section 2 hereof.
b.) Voting – Shall be conducted by Yea’s and Nay’s except as otherwise prescribed herein. A motion shall be carried when approved by a simple majority. When a non-key issue vote is presented there shall be no voting by absentee ballot, by mail or proxy; members must be present to vote. In the event that a quorum is called for then the vote will be handled in the same manner as a Key Issue as described in paragraph c) 2. and c) 3.
c.) Key Issues, Voting Procedures and Requirements.
- The following matters are deemed to be Key Issues:
a.) Election of Officers
b.) Adoption of Annual Budget
c.) Single expenditures in excess of five thousand dollars except taxes, insurance, and items previously approved in the annual budget.
d.) Any changes to Association properties (except those necessary to preserve their general good appearance) including the construction of any permanent building or fixtures which would permanently alter the appearance of such properties or cause the Association to pay additional taxes, insurance or utility payment.
e.) Board decisions to borrow from any persons, partnerships, or corporations such sums of money as may be necessary to carry on the purposes of the association.
- The Board of Directors shall have the option of requiring key issue voting to be by written ballot, absentee ballot by mail, proxy or e-vote and/or the eligibility of each voter certified by a representative designated by the Board.
- Prior to any vote upon a Key Issue a notice bearing the legend “Key Issue” must be published and delivered to each voting member not less than 10 days prior to the voting session. Said notice must contain the following:
- A complete statement describing the issue to be voted upon.
- The date and time of the voting session.
- Disclosure that the Issue shall be carried by a simple majority of the ballots cast at the voting session.
d.) Non-Key Issues – Non-Key Issues are all those issues and decisions not identified as “Key Issues” including but not limited to decisions involving rights and privileges of the membership and expenditures by the Board up to five thousand dollars. Action on non-Key Issues shall be deemed approved by a simple majority.
ARTICLE V
Dues
Section 1. The annual dues to be paid per property shall be fixed annually by the Board of Directors and shall be payable for the ensuing year on or before March 1 of the year. Any member who shall be in arrears of dues shall be a member not in good standing. But such members acquire good standing upon payment of current annual arrears. For the purpose of voting at the annual meeting, arrears must be paid prior to the start of the meeting. Members shall be deemed in good standing for voting purposes for the first quarter of a new calendar year provided they were in good standing as of December 31 of the year prior.
Section 2. Initiation Fees – Initiation fees, if necessary, shall be fixed annually by the Board of Directors.
ARTICLE VI
Officer’s Duties
Section 1. Officers – The officers of this Association shall include President, Vice President, two (2) Assistant Vice Presidents, Corresponding Secretary, Recording Secretary and Treasurer. In the event that there are no eligible candidates for all positions then the existing Board members will be appointed additional responsibilities as needed. There must be a President, Vice President and Treasurer in order for the board to carry out its basic duties and responsibilities.
Section 2. Duties of Officers – The President is the chief administrative officer of the Association and it shall be his duty to enforce all by-laws of this Association and all decisions of the Board of Directors. The President shall be a member ex-officio of all committees, except the nominating committee and shall be responsible for the organization and coordination of these committees.
The Vice President shall assume all duties delegated to him by the President.
The two (2) Assistant Vice Presidents shall assist the President and Vice President in their duties with specific responsibilities with regard to the standing committees as listed in Article X.
The Corresponding Secretary shall issue all required notices and attend to all correspondence of the Association.
The Recording Secretary shall keep all records of the Association and shall take minutes of the meetings of the Association and all meetings of the Board of Directors.
The Treasurer shall collect all dues and receipts & make entry thereof in a record. He shall keep a separate record showing the condition of each member’s account with the Association. He shall have charge of the funds of the Association and pay for all debts contracted by it, upon due action and approval of the Association or Board of Directors. He shall furnish such bond as the Board of Directors may require. The premium on the bond shall be paid by the Association. The Treasurer shall make the books available for review to any member in good standing upon written request of five (5) members in good standing.
ARTICLE VII
Board of Directors
Section 1. Members Voting – The Board of Directors shall consist of up to seven (7) officers of the Association, all of whom shall be voting members in good standing. The President of the Association shall be its chairman.
Section 2. Duties – Subject to veto by the Association, the Board of Directors shall have exclusive authority in the management of the affairs and the finances of the Association, and shall have general control of its property. All rights and powers connected therewith shall be vested in the Board of Directors.
The Board of Directors is responsible for the study and yearly presentation to all members for the programs, projects and long-range plans. The Board of Directors shall be responsible for coordinating the activities of all committees for the purpose of these recommendations.
Section 3. Veto Action – Any decision by the Board of Directors may be vetoed at the next regular or special meeting of the Association by motion from the floor if carried by a two-thirds majority of the members in good standing of a quorum being present. If no veto action is taken during the meeting, the Board’s action is considered approved.
Section 4. Vacancies – The Board of Directors shall fill vacancies occurring during the year in the elected officers and any officer elected by it to fill a vacancy caused by death or resignation shall hold office for the unexpired term of the officer whose place he is elected to fill.
Section 5. Terms of Office – All of the officers shall be elected at the annual meeting of the Association and shall hold office for a term of one year beginning at the first regular meeting in January of the following year.
Section 6. Quorum – At any meeting of the Board of Directors, two-thirds members of the Board shall constitute a quorum.
Section 7. Current Expenses – By majority vote of its members, the Board of Directors may approve the payment of current expenses from such funds as may be available subject to restrictions of expenditure indicated in Article III.
ARTICLE VIII
Meetings
Section 1. Annual Meeting – The annual meeting of the Association shall be held in December of each year for the primary purpose of annual elections. Notice of the exact time & place shall be delivered to each voting member at least 2 weeks prior to meeting.
Section 2. Regular Meetings – Regular meetings shall be held for the purpose of conducting routine Association business.
Section 3. Special meetings shall be called by the President, or upon the request of the Board of Directors, or upon request of ten (10) voting members in good standing. No business shall be transacted at special meetings except that which is specified in the call.
Section 4. Quorum – At any meetings of the Association, 15% of the voting members in good standing shall constitute a quorum.
ARTICLE IX
Nominating of Officers & Nominating Committee
Section 1. At the Annual Meeting in each year, a nominating committee of five voting members shall be nominated by the Board of Directors and approved by a majority of the membership in attendance entitled to vote.
Section 2. The nominating committee shall elect its own chairman by a majority vote.
Section 3. Each member of the nominating committee shall, prior to the meeting of the committee for the selection of candidates for office, learn the wishes of the members with reference to the nomination of persons to hold office in the Association.
Section 4. The nominating committee shall submit the ticket of candidates who have agreed to run for office to the Association membership at the regular meeting prior to the annual meeting. The committee’s nominations are treated as if made by members from the floor, that is, there is no vote necessary for accepting them.
Additional nominations may be made at this meeting of the Association, if the nomination be agreed to by six (6) voting members in good standing. No nominations shall be accepted after the close of the nominating meeting. In the event that there is no active nominating committee, this will stand as the default method for nominations.
ARTICLE X
Committees
Section 1. There shall be the following permanent committees, consisting of a chairman, and a minimum of four other members: a) Membership; b) Beach; c) Planning and Zoning; d) Social Activities; e) Nominating.
Section 2. Appointments to Committees – The President shall appoint the chairman as soon after his election as practicable. The chairman shall form the committee with volunteers from the membership.
Section 3. Special Committees – The President and/or the majority of the Board of Directors shall create such special committees as they deem necessary from time to time.
Section 4. Chairmanship – Members of the Board of Directors cannot be a chairman of any committee.
ARTICLE XI
Committee Duties
Section 1. Membership – It shall be the duty of the membership committee to supervise the solicitation of members for this Association and to encourage membership therein. It shall provide all potentially new members of the Association with copies of the Association By-laws, a list of current Association Officers and committee members, and general information regarding Association privileges and regulations.
Section 2. Beaches – This committee shall maintain and supervise the recreational area of the Association pursuant to rules and regulations promulgated by it and approved by the Board of Directors and shall further make suggestions as it deems appropriate for improvement to the Board of Directors for their consideration.
Upon approval of the Board of Directors of the Rules and Regulations of the Beach Committee all members who thereafter use Association Facilities shall do so subject to compliance with said rules and regulations. Use in violation of said rules and regulations shall be a matter for consideration by the Board.
Section 3. Planning & Zoning – This committee shall formulate plans and uses for the Association properties and any future properties the Association may acquire, according to the wishes of the membership. The committee will coordinate as required with the town zoning and planning boards in matters affecting the Area and shall assist the members in all matters concerning enforcement of the town zoning ordinances and insofar as practicable, insure compliance with the covenants and restrictions set forth in the presently existing and/or future declarations for the Area.
Section 4. Social Activities – This committee shall promote and make arrangements for activities of a social nature, such as picnics, dances, children’s events, refreshments after regular meetings, annual dance, etc.
Section 5. Nominating Committee – This committee shall prepare and conduct all elections concerned with annual election of officers.
Section 6. General – All committees shall perform such other duties as may be required by the Board of Directors, and shall be under general control of the Board. It shall be the aim of all committees, in their respective activities to make long range plans, to the mutual benefit of all members, for improving and beautifying the Association properties and for proposing community projects and activities that shall promote an active interest and pride in the members of the community and Association.
Section 7. The chairman of any permanent committee when relinquishing his position for any reason shall report to the newly appointed chairman or the Board of Directors the status of respective committee business.
ARTICLE XII
Membership Seal
Section 1. The Association shall have a suitable seal approved by the Board of Directors.
ARTICLE XIII
Order & Rules of Business
Section 1. At the regular meetings, the order of business shall be: a) Roll call of Officers and Directors; b) Attendance of membership; c) Reading of the minutes of last meeting; d) Reading of communications and bills; e) Reports of Board of Directors; f) Reports of committees; g) Report of Treasurer; h) Unfinished business; i) New business; j) New members; k) Adjournment.
Section 2. At annual election meetings, the order of business shall be: a) Roll call of Officers and Directors; b) Annual report of Treasurer; c) Annual report of President; d) Presentation of issues to be voted on other than election of officers; e) Nominating committee reads list of nominees and proceeds with election; f) Nominating committee announces elected officers.
ARTICLE XIV
Fiscal Year
Section 1. The fiscal year of this association shall begin on January 1 and end on December 31 following.
ARTICLE XV
Amendments
Section 1. These by-laws may be amended or repealed by a two-thirds affirmative vote of at least 30% of the members in good standing provided that written notice of any proposed amendment or repeal be delivered to each member not less than two (2) weeks before the date identified under Article III, “KEY ISSUES”, shall apply.
ARTICLE XVI
Changing Tides
Publication in the “Changing Tides” shall be deemed good and sufficient notice and shall satisfy all notice requirements set forth herein provided same is timely.
ARTICLE XVII
Property Leasing
The property owned by the Association shall not be leased.
ARTICLE XVIII
Definitions
Good Standing – A member is deemed in good standing when all current dues and all assessments, if any, have been paid in full.
Members – Where used in these by-laws shall be construed to refer to a member in good standing. Where used with reference to voting shall be deemed restricted to voting members in good standing only. Where used in reference to quorum shall be deemed restricted to voting members in good standing only.
