Purpose
The purpose of the association shall be to protect and promote the
existing natural beauty, high quality residential character, and better
community living in the area known as Potters Creek; to insure that this area,
including the area which surrounds Potters Creek, is developed responsibly and
tastefully, in accordance with the Potters Creek Deed Restrictions, and with
consideration for the needs and desires of the residents of the area; and to
assume cognizance of matters of community interest pertaining to government,
zoning, annexation, subdivision, public safety and protection, social and
recreational endeavors, education, and the extension of utility and other
services into the area. The association shall have all powers necessary for the
fulfillment of these ends.
Membership/Dues/Voting
Privileges
All people residing in Potters Creek shall be eligible to be members of
the association. Membership is obtained by paying the yearly dues. Each
household shall be entitled to one vote at the general meetings. Only property
owners may serve on the Board of Trustees.
The initial dues shall be $20 per household. The annual dues following
the first year of the association shall be set by the Board of Trustees in an
amount not to exceed $50 per year without a vote of the membership.
Voting privileges shall be restricted to those members who have applied
for membership and paid the annual dues of the association.
Board of
Trustees
The Board of Trustees, as the policy—making body, are entrusted with the
custody and care of the civic, administrative, and financial interests of the
association and are to plan and execute appropriate actions that are in the
best interest of the association in achieving its objectives.
The number of trustees shall be eight (8), four of whom shall be elected
at—large and be the officers of the association, i.e., president, vice
president, secretary, and treasurer.
The trustees and officers shall serve for a two-year term except that
the first slate of three trustees specifically representing a district shall
serve for a one-year term. Following the first year of the association, the
officers of the association, who shall also be the at—large trustees of the
association, shall be elected in the odd years and the trustees specifically
representing districts shall be elected in the even years. The president shall
appoint a nominating committee whose purpose is to recommend a slate of
candidates for the Board of Trustees to be presented at the annual meeting of
the general membership. At least one person is to be nominated from each of the
four (4) districts comprising the association (as shown on Exhibit A hereto).
Additional nominations will be taken from the floor at the annual meeting.
Space will be provided on the ballot for write-ins from each district. The
nominee specifically representing a district shall be elected by a vote of the
members of the district only. The four at-large nominees with the highest
number of votes from the entire association will be the at-large trustees.
The Board of Trustees shall control and manage the business of the
association, including the power to buy, sell, lease, mortgage, or dispose of
property of the association, and otherwise to encumber business funds. Prior to
acting on major expenditures, it shall be the responsibility of each trustee to
obtain feedback from members in his/her district regarding approval or
disapproval of that transaction.
To be an official meeting of the Board of Trustees at least five (5) of
the eight (8) trustees must be in attendance. More than 50% of those attending
an official meeting constitutes a voting majority.
The Board of Trustees may adopt by-laws consistent with these
regulations, promulgate and enforce rules governing the use of the property of the
association and appoint standing or special committees.
The Board of Trustees shall hold regular meetings on a quarterly basis
or more often if called by the president of the association. Notice of such meetings
shall be given to the Trustees and posted in two conspicuous places in the
neighborhood at least 48 hours before the meeting.
Officers and other trustees, as such, shall not receive any compensation
for their services, but shall be entitled to recover actual expenses incurred
on the business of the association. Expenses so incurred shall be subject to
review and approval of the Board of Trustees. Nothing herein shall be construed
to preclude any officer or other trustee from serving the association in any
other capacity and receiving compensation therefore.
Officers and other trustees, as such, shall not be personally liable
for any debt or obligation of the association, and the association shall
indemnify any trustee for loss or damage arising out of or in connection with
his or her duties.
A president, vice president, secretary, and treasurer shall be elected
at the meeting of the general membership occurring in the odd years. This
meeting shall be called by the immediate past president. The officers’ terms of
office shall be two years and each officer shall also be an at-large trustee.
Any outgoing officer may be re-elected.
The president shall preside at all meetings of the association,
including meetings of the Board of Trustees, appoint people to fill offices
vacated during the year, and generally perform such other duties as are
customarily performed by a president of an association and such other duties as
may be assigned to him or her by the Board of Trustees. Upon completion of this
term of office, the outgoing president shall serve as an ex officio
member of the Board of Trustees for one year.
The vice president shall perform the duties of the president in his/her
absence and shall have such other duties as may be assigned by the president or
the Board of Trustees. The vice president shall succeed to the presidency in
the case of a vacancy occurring in that office during his/her term of office.
Upon completion of this term of office, the outgoing vice president shall serve
as an ex officio member of the Board of Trustees for one year.
The secretary shall keep the roster of members of the association, and
the minutes of all meetings of the association and of the Board of Trustees,
and make a proper record of the same. The secretary shall perform such duties
as may be required or requested by the Board of Trustees
The treasurer shall have the custody of the funds and
securities of the association. When necessary and appropriate, the treasurer
shall endorse jointly with the president or vice president checks, notes, and other
obligations on behalf of the association. The treasurer shall deposit funds of
the association to its credit in such banks and depositories as the Board of
Trustees may designate. The treasurer shall submit to the annual meeting of the
members a statement of the financial condition of the association, and whenever
required by the Board of Trustees, shall make and render a statement of the
associations’ accounts and such other statements as may be required. The
treasurer shall perform such other duties as may be assigned by the Board of
Trustees.
The association shall operate on a calendar year. The books
and records of the treasurer and secretary shall be kept in accordance with the
by-laws of the Board of Trustees. All books and records of the association
shall be made available to members of the association for their inspection upon
written request to the Board of Trustees.
The annual meeting of the members of this association shall
be held on such day in September of each year and at such time and place as
determined by the president and so specified in a notice sent to all members
for this purpose.
Special meetings of the members of this association shall be
called by the president on his own motion, or upon written request by any two
members of the Board of Trustees, or upon written request of fifteen percent
(15%) of the members in good standing.
A written notice of the annual or any special meeting of the
members, stating the time and place, shall be given to each member, whose name
appears on the books of the association, at least five (5) days prior to the
scheduled meeting date. Notice of special meetings shall also specify the
purposes thereof, and no business other than that specified in the notice shall
be considered at any such meeting. In the event of an emergency, the president
may suspend the limitations stated herein, provided that he or she is directed
to do so by a majority of the Board of Trustees.
At all general membership meetings, fifteen percent (15%) of
the membership shall constitute a quorum.
The order of business at all meetings of the association,
unless otherwise changed or suspended by a majority of the members, shall be as
follows:
1. Roll call
2. Reading of the minutes of the last
preceding meeting
3. Reports and statements of officers and
committees
4. Unfinished business
5. Election of officers and other trustees,
if included as part of the meeting
6. New business
7. Announcements
8. Adjournment
All meetings of the association will be conducted according to
Robert’s Rules of Order.
Amendments
These regulations may be adopted, amended, or repealed by a
majority vote of the members present at the annual meeting of the association,
or at any special meeting called for such purpose.
Potters Creek Civic Association
Accepted by membership
BY :
BY:
President
Treasurer