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ARTICLE 1 - CORPORATE NAME
The name of the Non-Profit Corporation is:
The Estates at Shannon Ridge Homeowners Association, Inc.
(hereinafter called the "Association").
ARTICLE 2 - REGISTERED AGENT AND REGISTERED OFFICE
The registered agent is: John J. Turner
The registered office is: 832 Paddy Rd. Floresville, TX 78114-6533
ARTICLE 3 - MANAGEMENT
Management of the affairs of the corporation is to be vested in the Board of Directors.
The Board of Directors composition is set forth in the bylaws of the corporation.
The Board of Directors are:
Andi Kelly - President – P0 Box 54, Floresville, TX 78114
Tom Segura - Vice President - P0 Box 54, Floresville, TX 78114
Alena Berlanga – Secretary - P0 Box 54, Floresville, TX 78114
John Turner – Treasurer - P0 Box 54, Floresville, TX 78114
Conrad Krueger - Parliamentarian - P0 Box 54, Floresville, TX 78114
Glen Mabe - Subdivision Representative - P0 Box 54, Floresville, TX 78114
Leonard Ruiz - Subdivision Representative - P0 Box 54, Floresville, TX 78114
Ed Matheaus - Subdivision Representative - P0 Box 54, Floresville, TX 78114
Rex Minard - Subdivision Representative - P0 Box 54, Floresville, TX 78114
Mandee Henk - Subdivision Representative - P0 Box 54, Floresville, TX 78114
Terry LeBreck – Subdivision Representative - P0 Box 54, Floresville, TX 78114
ARTICLE 4 - MEMBERSHIP
The corporation will have members.
Membership in the Association shall be dependent upon ownership of a qualifying property interest in the Estates at Shannon Ridge Subdivision, Floresville, Wilson County, Texas, as established by the Association’s bylaws. Membership is voluntary, not mandatory.
ARTICLE 5 - DURATION
The Association shall exist perpetually.
ARTICLE 6 - PURPOSE AND POWERS OF THE ASSOCIATION
The Association is organized in accordance with and shall operate for non-profit purposes pursuant to the Texas Non-Profit Corporation Act and does not contemplate pecuniary gain or profit to its members.
The Association is formed for the purpose of preserving and enhancing the value of the property and to improve the quality of life in the Estates at Shannon Ridge Subdivision. Without limiting the generality of the foregoing, the Association is organized for the following general purposes:
(a) Promoting neighborhood cohesiveness.
(b) Enforcing existing The Estates at Shannon Ridge Subdivision restrictions recorded in the Official Public Records of Wilson County, Texas.
(c) Supporting neighborhood beautification activities and projects.
(d) Sponsoring neighborhood social functions.
(e) Supporting anti-crime activities.
The above statement of purpose shall be construed as a statement of both purposes and powers. The purpose and power stated in each of the clauses above shall not be limited or restricted by reference to, or inference from, the terms and provisions of any other such clauses, but shall be broadly construed as independent purposes and powers.
ARTICLE 7 - VOTING RIGHTS
The voting rights of the members of the Association shall be determined by qualifying property ownership and being current in payment of Association dues, as established by the Association’s bylaws. Members shall have only one vote for each platted lot owned, providing membership dues are paid for each lot owned.
A member may vote by limited proxy as outlined in the bylaws. Limited proxies are to be used to establish a quorum, vote on changes to governing documents, budgets, and other matters put before the membership.
Elections for officers and subdivision representatives shall be by secret ballot, to include absentee ballots as specified in the bylaws.
ARTICLE 8 - LIMITATION OF LIABILITY
a. Except as provided in Paragraph b below, an officer or subdivision representative of the Association is not liable to the Association or its members for monetary damages for acts or omissions that occur in the person’s capacity as an officer or subdivision representative, except to the extent a person is found liable for:
1. a breach of the officer or subdivision representative’s duty of loyalty to the Association or its members.
2. an act or omission not in good faith that constitutes a breach of duty of the officer or subdivision representative to the Association.
3. an act or omission that involves misconduct or a knowing violation of the law.
4. a transaction from which the officer or subdivision representative receives an improper benefit, whether or not the benefit resulted from an action taken within the scope of the person’s office; or
5. an act or omission for which an applicable statute expressly provides the liability of an officer or subdivision representative.
The liability of officers and subdivision representatives of the Association may also be limited by the Charitable Immunity and Liability Act of 1987, Chapter 84, Texas Civil Practice and remedies Code, as amended.
b. The limitation on the liability of an officer or subdivision representative does not eliminate or modify that person’s liability as a member of the Association. The liability of a member arising out of a contract made by the Association, or out of the indemnification of officers or subdivision representatives, or for damages as a result of injuries arising in connection with the common elements, or for liabilities incurred by the Association, will not be limited to the same proportion for which he is liable for common expenses as a member of the Association.
ARTICLE 9 - INDEMNIFICATION
Subject to the limitations and requirements of Article 1396-2.22A of the Nonprofit Corporation Act, the Association will indemnify a person who was, is or is threatened to be made and named a defendant or respondent in a proceeding because the person is or was an officer or subdivision representative of the Association. Additionally, the Association may indemnify a person who is or was an employee, trustee, agent, or attorney of the Association, against any liability asserted against him and incurred by him in the capacity and arising out of that capacity.
ARTICLE 10 - AMENDMENT OF ARTICLES
These articles may be amended by proposal submitted to the membership of the Association. Any such proposed amendment shall be adopted by a two thirds (2/3) majority of the voting members present in person and including valid limited proxies.
ARTICLE 11 - AMENDMENT OF BYLAWS
The bylaws of the Association may be amended or repealed according to the amendment provision of the bylaws.
ARTICLE 12 - DISSOLUTION
The Association may be dissolved only as provided by State Law.
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ARTICLE I
NAME AND PURPOSE
Section 1. Name. The name of this organization shall be The Estates at Shannon Ridge Homeowners’ Association, Inc.
Section 2. Purpose. The purpose of this non-profit organization shall be to preserve and enhance the value of the property and improve the quality of life in The Estates at Shannon Ridge Subdivision.
Section 3. Mission.
- To promote neighborhood cohesiveness.
- To enforce existing subdivision deed restrictions affecting The Estates at Shannon Ridge, recorded in the Official Public Records of Wilson County, Texas.
- To support neighborhood beautification activities and projects.
- To sponsor neighborhood social functions.
- To support anti-crime activities.
ARTICLE II
DEFINITIONS
“Absentee Ballot” means a secret ballot obtained for use in the elections of Board of Directors of the Association in lieu of voting in person.
“Association” means The Estates at Shannon Ridge Homeowners’ Association, Inc.
“Board” means the Board of Directors of the Association.
“Cause” as used with reference to the removal of a Board member means a just, not arbitrary, cause; one relating to a material matter, or affecting the Association’s interest; a cause relating to or affecting administration of office and of substantial nature directly affecting the Association’s rights and interests; not performing the duties of the office; commission of fraud, embezzlement, misappropriation, willful misconduct, or when one has a responsibility to act in the interest of another person and fails to do so.
“Certificate of Formation” means the Articles of Incorporation.
“HOA” means Homeowners’ Association.
“Limited Proxy” means:
- A document that a member signs to appoint another member to vote on his or her behalf at Association meetings, or;
- a member may delegate his/her voting power to another member, to enable a vote in his/her absence at Association meetings, and;
- can be used to help establish a quorum.
“Lot and/or Lots” means the original lot(s) shown upon the Shannon Ridge Subdivision plats.
“Member” means the owner(s) of any lot or lots in the Shannon Ridge Subdivision, although to be a voting member is voluntary and provided annual dues are paid in full and current for each lot.
“Owner” means the owner(s) of record as filed and recorded in the Official Public Records of Wilson County, Texas, or his or her heir(s), whether one or more persons, of the contract title to any home or undeveloped property inside the Shannon Ridge Subdivision.
“Shannon Ridge Subdivision” means The Estates at Shannon Ridge Subdivision.
“Subdivision Plats” means the maps or plats of the Shannon Ridge Subdivision, recorded in the Map or Plat Records of Wilson County, Texas.
“Voting Member” means a(n) owner(s) of any lot in the Shannon Ridge Subdivision, shall have one vote per lot owned provided annual dues are paid in full and current. Owners of multiple lots may hold membership for each lot, provided annual dues for each lot are paid in full for the current year.
ARTICLE III
MEMBERSHIP
Section 1. Eligibility. Membership in the Association is not mandatory but is encouraged for property owners of the Shannon Ridge Subdivision and shall be open to all persons who are owners of homes or undeveloped property in the Shannon Ridge Subdivision, Wilson County, Texas.
Section 2. Voting Rights. Voting members must be current in dues payment to be eligible to vote.
Section 3. Member Duties. Members are encouraged to attend and participate in all HOA meetings and to vote when needed. Members are advised to keep their contact information current in order to receive timely Association information. No one may act or speak on behalf of the Association unless authorized to do so, in writing in advance, by the Board. No member of the Association may use any information obtained through Association membership for commercial purposes or any other purposes inconsistent with these bylaws.
Section 4. Limited Proxy. Should a member be unavailable for an upcoming general, annual or special meeting, if said member wishes to vote or opine on an issue, a form will be obtained and signed by said member and either, given to a member of the Board or another voting member for the meeting in question three (3) days prior to said meeting. If the form is given to another voting member, that voting member shall notify a member of the Board. The limited proxy will terminate at the conclusion of said meeting for which it was intended. The limited proxy will also be deemed null and void should said issue being voted upon has changed in meaning. The limited proxy shall be used to establish a quorum. The limited proxy shall not be used in electing Board members (see Absentee Ballot – bylaws Article IX, Section 3).
Section 5. Termination. Membership will automatically be terminated if payment of dues in full is not received by December 31st for the new calendar year. If there are extenuating circumstances, upon written request by a member, the Board will make a determination for a possible extension of dues payment to continue the member’s membership status.
Section 6. Reinstatement. Members who have resigned or whose membership has been terminated for non-payment of dues may be reinstated upon payment of dues in full for the current calendar year.
ARTICLE IV
BOARD OF DIRECTORS
Section 1. Composition. The Board shall be composed of members as follows: the president, vice president, secretary, treasurer, parliamentarian, and subdivision representatives.
The past president shall be a non-voting member of the Board for one year immediately following his/her term as president, unless elected to another office or appointed as an area subdivision representative. Should the past president remain off the Board, it is the prerogative of the Board to have the past president continue past one year in a non-voting capacity for the consideration of the past president’s expertise in serving previously on the Board should the past president be so inclined.
Section 2. Authority and Responsibility. With approval of the membership, the affairs of the Association shall be managed by the Board, which shall have supervision, control and direction of the Association, shall determine its business policies or changes therein within the limits of these bylaws, shall actively promote its purposes, and shall have discretion in the disbursement of its funds. The Board shall act for and on behalf of the Association between sessions of the annual meeting to establish interim policy. The Board may adopt such rules and regulations for the conduct of its business as shall be deemed advisable and may, in the execution of the powers granted, appoint such agents as it may consider necessary. The Board shall provide reports to the membership after each board meeting, membership meeting, and special meeting if such occurs.
The Board shall designate special committees as deemed necessary.
Section 3. Duties. The duties of the Board shall include, but not be limited to:
- Cause the accounts of the Association to be verified annually.
- Assist the treasurer and/or a budget committee if exists, in preparing an itemized budget report for the upcoming fiscal year to the Association for their review, approval, and approve such amendments to the budget as may be necessary or appropriate.
- Adopt rules and regulations for the conduct of the affairs of the Association.
- Determine policies and standards for any publication, whether by USPS, email or website, of the Association.
- Retain professional services as may be deemed necessary or advisable for the proper conduct of the Association business.
- Perform such other duties as are prescribed or permitted by the laws of the State of Texas.
Section 4. Qualifications. Only voting members of the Association shall serve on the Board. Only one member of a household at a time shall be an elected Board member. No Association member shall serve as an officer and a subdivision representative at the same time.
Section 5. Terms. Each Board member shall serve for 2 years, except for the treasurer who shall always serve a 3-year term. The offices of president, secretary and subdivision representatives 1, 3 & 5 (if 5 exists) shall be elected in odd numbered years. The vice president, parliamentarian and subdivision representatives 2, 4 & 6 (if 6 exists) shall be elected in even numbered years. This staggered approach will provide Board continuity.
Section 6. Term Limits. Each Board member shall serve a maximum of two consecutive terms (4 years, treasurer 6 years) or until their successors are elected.
Section 7. Quorum. A majority of the members of the Board shall constitute a quorum.
Section 8. Board Meetings. There shall be at least four scheduled meetings of the Board annually. The schedule for meetings shall be set forth in the Standing Rules. The Board shall take action to set the time, date, and place for the meetings, and give notice to the membership. Members (voting and non-voting) can attend board meetings in accordance with the Standing Rules.
Section 9. Special Meetings. Special meetings of the Board may be called at the request of a quorum of the Board. Notice of any special meeting of the Board shall state the time, date, and place of the meeting, and give notice to the membership. The agenda shall include the purpose for which the special meeting was called.
Section 10. Executive Sessions. Executive sessions may be held by the Board in certain situations. Executive sessions are permitted when the Board is meeting with its attorney on litigation, or a settlement offer; deliberating personnel or homeowner matters; or discussing certain financial contract negotiations.
Section 11. Compensation. No officers or subdivision representatives shall receive compensation for any service he or she renders to the Association. However, any Board member may be reimbursed for expenses incurred in the performance of his or her duties if such expenses were pre-approved by the Board.
Section 12. Removal. Any Board member who is absent from 3 consecutive meetings to include Board meetings, membership meetings and/or special meetings will forfeit his/her position. Should the position be declared vacant through forfeiture, it shall be filled by the Board under bylaws Article IV, Section 13 – Vacancy.
Officers may be removed for cause by a simple majority of the votes cast by voting members of the Association. The members and the officer subject to removal shall receive at least a 15-day notice prior to the meeting where the matter is to be considered, and the officer shall be given an opportunity to be heard at the meeting. Should the officer be removed, the position will be declared vacant and subject to being filled by the Board under bylaws Article IV, Section 13 – Vacancy.
Section 13. Vacancy. In the event of a vacancy, the Board shall appoint a voting member to fill the position for the remainder of the original term for which he/she was appointed to fill.
Section 14. Resignation. Any Board member may resign at any time by giving written notice to another member of the Board. Such resignation shall take effect on the date of receipt of such notice or at a later time specified therein; and, unless otherwise specified therein, the acceptance of such shall not be necessary to make it effective.
ARTICLE V
OFFICERS
Section 1 – Officers. The officers of the Association shall be president, vice president, secretary, treasurer, and parliamentarian.
Section 2. President. The president shall be the principal elected officer of the Association, preside at all meetings of the Board and the Association, and supervise all of the business affairs of the Association, subject to the direction and control of the Board.
Section 3. Vice President. The vice president shall assist, fulfill the duties of the president in case of the president’s absence or inability to serve, and shall perform other duties as requested by the president or the Board.
Section 4. Secretary and Historian. The secretary shall be the principal recording officer of the Association and shall, in general, record all votes and minutes of the proceedings of the Association. In addition, the secretary shall act as historian to the Association, keeping running records of the Association.
Section 5. Treasurer. The treasurer shall be the principal financial officer of the Association and shall have charge of and be responsible for the maintenance of adequate books of account for the Association; shall have charge and custody of all funds of the Association, both dues collection and disbursement; shall deposit all funds in a bank in the name of the Association. The treasurer shall present a report at all Board meetings, general, and annual membership meetings. All physical checks will be signed by 2 officers and e-checks will require verification by two (2) Board members via email. The treasurer and 2 other Board members will be authorized by the president to sign checks.
Should the treasurer, either through the occurrence of term limits, election results, or resignation, vacate the office, he/she can at his/her discretion, remain as a financial consultant to the new treasurer and/or board in a non-voting capacity to offer his/her expertise with the Association’s finances.
Section 6. Parliamentarian. The parliamentarian shall assist and advise the president on points of order in conducting all business meetings and see that all meetings are conducted according to Roberts Rules of Order, Newly Revised, which shall be the authority on all questions of parliamentary law; assist the members of the Association to conduct the business of the Association effectively, efficiently, and with fairness, while protecting the democratic process to ensure the members’ rights are protected.
ARTICLE VI
SUBDIVISION REPRESENTATIVES
Section 1. Number. There shall be no more than 6 (six) and not less than 4 (four) subdivision representatives who serve on the Board.
Section 2. Duties. The duties of the subdivision representatives shall include, but not be limited to:
- Serve as a communications link between members and the board.
- Recruit new members for the Association.
- Express the concerns of property owners to the Board.
- Attempt to mediate disputes between neighbors, and if not resolved, bring the issue before the Board.
ARTICLE VII
FINANCIAL ADMINISTRATION
Section 1. Calendar Year. The calendar year shall be from January 1 to December 31.
Section 2. Dues. Initial annual dues shall be $50.00, payable to “Shannon Ridge HOA”. Future assessment amounts shall be determined by the board and approved by the members of the Association. A membership drive for the purpose of membership renewal and current membership expansion shall be conducted during October and November of each year with all annual dues payable by December 31st of each year. Dues received from members after December 1st shall apply to the following year.
Section 3. Annual Budget. An annual budget shall be prepared by the Board and provided to the membership for approval at the Annual Business meeting.
Section 4. Annual Audit of Association Accounts. An audit shall be made of the accounts of the Association at the end of each calendar year. This may be done by committee or by an independent accountant, as deemed advisable by the Board.
Section 5. Books and Records. The books, records, and papers of the Association shall, at all times, during reasonable hours and with prior notification, be made available for inspection by any voting member of the Association.
ARTICLE VIII
MEMBERSHIP MEETINGS
Section 1. Membership Meetings. There shall be a minimum of two (2) meetings of the general membership each year:
- The Annual Business Meeting to include elections for officers, subdivision representatives, and a budget for the upcoming year.
- A General Meeting to be held for the purpose of updating the membership as to current business with regard to the Association.
The Board shall determine time and place of any general membership meeting.
Section 2. Annual Business Meeting. The annual business meeting shall be held as specified in the Standing Rules, Section III. The Board shall determine the exact time and place of this meeting. The purpose of the annual business meeting shall be to elect officers, subdivision representatives, present a budget for membership approval for the upcoming year, and transact such other business as may properly come before the membership.
Section 3. General Meetings. A general meeting shall be held as specified in the Standing Rules, Section III. The purpose of the general meeting is to update the membership as to current business with regard to Association matters.
Section 4. Special Meetings. Any board member may call special meetings of the membership at any time. Also, Association members, upon written request of fifteen percent (15%) of the Association members entitled to vote, may call a special meeting. The time, date and place for holding special meetings shall be determined by the Board within fourteen (14) days from the date of said request submitted on behalf of Association members.
Section 5. Quorum. Twenty percent (20%) of the voting members shall constitute a quorum at any meeting of the Association. Limited proxies and/or absentee ballots can be used to help establish a quorum.
Section 6. Notice of Meetings. Notice of any annual, general or special meeting of the voting members of the Association shall state the time, date, place and purpose of the meeting and shall be posted and/or delivered with a copy of a proposed agenda at least ten (10) days before such meeting. With respect to meetings for elections and/or changes to Association governing documents, notice shall be thirty (30) days in advance of the meeting along with a copy of any proposed changes to said documents.
Section 7. Meeting Agenda. The president shall develop an agenda for all meetings. Any voting member may request a topic be added to any agenda in advance of the meeting if submitted to the Board prior to fourteen (14) days before such meeting. In addition, a time shall be allowed on the agenda to discuss other topics introduced by voting members during the meeting.
ARTICLE IX
NOMINATIONS AND ELECTIONS
Section 1. Board Nominations. The Board shall present a slate of candidates from among members who shall stand for election as officers and subdivision representatives of the Association. The slate of candidates shall be presented to the members of the Association at the annual business meeting.
Section 2. Member Nominations. In addition to the slate of nominees provided by the Board, voting members may nominate himself/herself or other members for election as officers and subdivision representatives of the Association either prior to or during the annual business meeting.
Section 3. Elections and Voting. The Board shall appoint an election committee from the general membership to count ballots excluding any current board members, candidates, and associated families. Elections shall be by secret ballot, to include absentee ballots which shall count toward a quorum, with only one vote per membership. Absentee ballots must be postmarked no later than five (5) days prior to the meeting for which the votes are being cast. A quorum (20% of voting members) must be present at the annual business meeting to hold elections. The nominee with the greatest number of votes shall be elected to the position for which nominated. In the event of a tie in the voting for any position, additional ballots shall be issued at the annual business meeting until one person is elected. In the event there is only one nominee for a position, that person shall be declared elected by acclamation. No person may hold more than one office or subdivision representative position at the same time.
ARTICLE X
GOVERNANCE
All Association and/or Board actions shall be governed by:
Section 1. Association Governing Documents. These documents include: Certificate of Formation, Bylaws, and Standing Rules.
Any other items not covered in the Association Governing Documents will be covered by Section 2, Section 3 and Section 4 below, as our Certificate of Formation and Bylaws will take precedence. Should the aforementioned sections 2, 3 and/or 4 be taken and applied, it will be in its entirety.
Section 2. Texas Property Code. The Association shall comply with Texas Property Code, Title 11 - Restrictive Covenants, Chapter 209 - Texas Residential Property Owners Protection Act.
Section 3. Texas Open Meetings Act. The Association shall comply with Texas Open Meetings law, as it pertains to incorporated, non-profit organizations.
Section 4. Texas Business Code. The Association shall comply with Texas Business Code; Title 2. Corporations; Chapter 22 Nonprofit Organizations, as it pertains to incorporated, non-profit organizations.
ARTICLE XI
AMENDMENTS
Section 1. Amendments to Bylaws. These bylaws may be amended at any annual, general, or special meeting of the members, by a two-thirds (2/3) majority of voting members in person and/or by a valid limited proxy, provided the amendments are submitted in writing or by electronic media to the Board and the membership at least thirty (30) days before the date of said meeting to addresses of record to include email addresses.
Section 2. Precedence. In case of any conflict between the Certificate of Formation and these bylaws, the Certificate of Formation shall control.
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The Shannon Ridge Homeowners’ Association, Inc. (SRHOA) membership is the governing body, managed by the board of directors. The SRHOA is subject to the laws of the state of Texas, where it is incorporated, and the SRHOA Certificate of Formation and Bylaws. The SRHOA membership can determine the policies of the SRHOA, enact and amend the Certificate of Formation and Bylaws. The SRHOA membership also has the duty of electing certain officers and help establish committees.
In order to fulfill its duties, the SRHOA membership has established basic guidelines and procedures outlined in three sections:
I. General Rules of Conduct for Committees
II. General Rules of Conduct for Budget Committee
III. Standing Rules of the Membership Meetings
Amendments to the standing rules of the SRHOA may be amended during any membership meeting by a majority of the members present and voting.
Section I
General Rules of Conduct for Committees
Committees will be created on an as-needed basis. The purpose of a committee is to receive open discussion on issues being considered by the SRHOA membership. Committee members may be appointed by the president and/or volunteers may be appointed as members of said committee.
1. Composition
Committees shall consist of a minimum of three SRHOA members; one of who is designated chair.
2. Duties
A. Chair of the committee shall
1. Preside at committee meetings at a specified time determined by said committee at which a final report is prepared.
2. Report recommendations to the Board, to include any financial impact.
B. Committee members shall
1. Formulate recommendations based on the opinion(s) of the committee.
3. Preparation of Reports
A. Committee Meetings
1. Committees shall determine its recommendations to the SRHOA Board on all assignments made to them.
2. Recommendations shall be written in a standard form per the Procedures Manual.
B. Supporting Comments
Committees may offer supporting comments on their recommendations if such are necessary for the SRHOA membership’s understanding of the recommendation.
4. Presentation of Reports
A. Chair
The chair or a designated committee member is to present the report to the SRHOA membership at its next meeting of members.
B. SRHOA Membership Action
The SRHOA membership will act on each recommendation of each committee as it is presented. The chair and/or designated committee member(s) retains the right to vote on each item as presented.
C. SRHOA Membership Debate
In the event of a debate, the chair and members of the committee should reply to any questions from the floor of the SRHOA membership.
5. Audit
An audit of SRHOA records will be done by an independent CPA firm every three years to coincide with the election of the treasurer position.
Section II
General Rules of Conduct for Budget Committee
1. Composition:
Budget committee shall consist of SRHOA treasurer (chair), vice president, and at least two non-Board members appointed by the Board. Voting members may volunteer to be a member of the budget committee.
2. Duties:
A. The chair of the budget committee shall
1. Preside at the SRHOA membership meetings during budget discussion and be available to answer questions.
B. The budget committee members shall
1. Receive comments at the SRHOA membership meetings.
2. Comments may be submitted by any member of the SRHOA.
C. Members wishing to comment
1. Members of the SRHOA wishing to comment will identify themselves by first name and last name prior to giving comment, for the record.
2. Speakers will be allowed to comment once on any given issue unless the budget committee decides that further comment is necessary.
D. Report
1. The chair or a designated committee member is to present reports to the SRHOA membership.
2. Chair will be available at the SRHOA membership meetings for any further questions or clarifications on proposed fiscal year budget.
Section III
Rules of the SRHOA Membership Meetings
1. Membership Meetings
A. Board Meetings
1. Regular Meetings
a. There are four (4) regularly scheduled meetings of the Board annually.
Meetings shall be held the second Saturday of January, April, July and October.
b. All property owners are encouraged to attend (members and non-members).
c. The Board shall exclude property owners from closed or executive sessions.
d. All minutes and budgets will be published on the website.
B. Annual Business Meeting
1. Meetings shall be held the fourth Saturday of October.
a. Elections for officers will be held at the annual business meeting.
b. A budget for the upcoming year will be presented for approval before the membership.
C. General Meeting
1. Meetings shall be held the fourth Saturday of April.
a. Purpose is to update the membership on current business regarding Association matters.
2. Membership Duties
A. Rules of Conduct
1. General
a. Cell phones must be silenced during all membership meetings.
b. An official timekeeper shall be appointed by the president.
c. Each person who speaks must state his/her first name and last name for the record.
d. Confine debate to the question before the membership.
e. Officers of the SRHOA should be addressed by title.
2. Control of the floor
a. The parliamentarian shall safeguard the rules of the SRHOA membership meetings.
b. Parliamentary procedure governing all SRHOA meetings.
1) The rules contained in the current edition of Robert's Rules of Order, Newly Revised, shall govern the SRHOA in all cases to which they are applicable and in which they are not inconsistent with the Bylaws or any special rules of order the SRHOA may adopt.
2) A basic chart of motions will be included in the procedures manual and should be on hand for reference during meetings.
3) Procedure for considering motions.
a) Only one substitute motion may be pending at one time to any main motion. This will be the primary amendment. The substitute may have only one minor amendment applied to it at one time. This will be the secondary amendment. Each of these motions will be considered and voted on separately and in reverse order to their proposal.
4) Other procedures to observe
a) Speakers will be limited to three (3) minutes each, but no limit will be placed on the number of times one individual may speak to a question. No person may speak more than once until all others have had the opportunity to speak at least once. The SRHOA membership may vote at any time to limit debate.
b) Action on any new business requires a unanimous vote for adoption.
B. Preparations for SRHOA Membership Actions
1. Bylaws
a. Proposed Bylaws amendments may be submitted by an officer or any member of the SRHOA.
b. Proposed Bylaws amendments must be received no less than 30 days before the meeting of the SRHOA membership.
c. Proposed Bylaws amendments may be submitted for consideration at any meeting of the SRHOA membership with the approval of 2/3 of the members in attendance and require 3/4 of the members in attendance to pass.
2. Reports
a. All reports to the SRHOA membership are to be distributed via email to addresses on file and/or website.
3. Guidelines for Elections
A. Objectives
1. Provide a method fair to all candidates.
2. Provide useful information to the membership.
B. Candidates
1. Elected by the SRHOA membership.
2. Refer to Bylaws Article IX, Sections 1 & 2 for qualifications.
C. Nominations
1. The SRHOA Board will present a slate of candidates at the SRHOA membership meeting to include candidates nominated by the Board and candidates who submitted their intent to run for office.
2. Nominations from the floor will also be accepted at the SRHOA membership meeting.
3. Candidate biographies shall be available at the meeting.
4. A brief candidates' forum may be allowed, if time permits, and approved by a vote of members just prior to elections. Nomination speeches may be given of not more than three minutes. After that time questions and answers will be allowed for all candidates for that position for not more than five minutes. The candidate must be present at the time of nomination or will forfeit the opportunity to speak.
D. Candidate's Forum
1. The SRHOA president will preside.
2. Each candidate will have three minutes allotted for a speech.
3. Any SRHOA member may question the candidates.
E. Elections
1. Officers: Refer to SRHOA Bylaws Article IX, Section 3.
a. The list of candidates will be kept for future reference in order of descending votes for each office to be used as needed.
F. Election Committee
The board will ask for volunteers and/or appoint members to serve as committee members; one to be designated chair. No committee member shall serve as an officer, subdivision representative or candidate, nor shall be a family member residing at the same residence as such.
G. Voting Procedures
1. Prior to distribution the chair of the election committee will check the ballots for accuracy.
2. Each SRHOA voting member shall receive a ballot and an envelope.
3. The election committee will distribute the ballots and envelopes.
a. The voting member shall print and sign their name on the outside of the envelope along with their address on record.
b. The voting member shall make their candidate selection(s), and place the ballot in the envelope.
c. The envelope will be placed in a secure receptacle. Any absentee ballots will be checked for valid membership and be placed in the same receptacle.
d. One committee member will open and separate envelopes and place the folded ballots in a box.
e. Two other committee members will count the ballots and summarize the results to present to the membership.
H. Election Results
1. When announcing the results of the election, the chair of election committee shall read the following information for each position.
a. Number of votes cast.
b. Number of votes necessary for election.
c. Name the candidate who meets the minimum votes necessary for election.
2. The president shall read the names of the candidates who have received the majority vote and declare them elected.
3. Any member may move to have the election committee’s report read in total. Such a request will be adopted by a majority vote of the SRHOA membership.
4. The election committee’s written report will be entered in the minutes in total.
5. All ballots, tally sheets and records are delivered to the SRHOA secretary and kept for one year following the election, after which time they will be destroyed.
( Click here to open and download document. )
This manual is for information only and is intended for board members or other persons who may be interested in holding an office. It is a guideline for responsibilities for the various offices as well as general information in running the association. The document is 24 pages long so it's best to click the link above to open/download the document. Below is the table of contents so you can see the topics involved.
Table of Contents Page
Mission Statement ........................................................................................ 2
SRHOA Overview of Operations ................................................................... 3
Organization Structure ..................................................................................3
SRHOA Dues Structure ...................................................................................4
Contents of Board Member File ................................................................... 4
Conflict of Interest Statement ..................................................................... 5
SRHOA Expense Reimbursement Policy ...................................................... 6
Deed Restriction Violation(s)........................................................................ 6
General Duties of Elected Officers ............................................................... 7
President ..................................................................................................... 7
Vice President ............................................................................................. 8
Secretary ..................................................................................................... 9
Treasurer ................................................................................................... 10
Parliamentarian ........................................................................................ 11
Subdivision Representative ..................................................................... 12
SRHOA Committee Structure ....................................................................... 13
Budget Committee .................................................................................... 13
Audit Committee ....................................................................................... 14
Nominations Committee .......................................................................... 14
APPENDIX ....................................................................................................... 15
Formatting Reports ................................................................................... 16
Quarterly Report Format ...................................................................... 16
Annual Report Format .......................................................................... 17
Basics of Parliamentary Procedure ............................................................. 18
Roberts Rules of Order Motions Chart ........................................................ 20
Conflict of Interest Statement Form ........................................................... 22
Expense Reimbursement Form .................................................................... 23
Deed Restriction Violation Form.................................................................. 24