04/16/2014
Carriage Estates Homeowners Association
A Mobile Home Community
201 Collins Ave., Orange, CA 92867
By-Laws for Carriage Mobile Home Park Homeowners Association
The name of this organization shall be “Carriage Homeowners Association”, hereinafter referred to as the “HOA” (Homeowners’ Association).
Article 1 – Membership
Section 1 – Each homeowner/ registered full time resident shall be eligible for membership. Each homeowner/ registered full time resident shall be entitled to one vote.
Article 2 – Dues and Assessments
Section 1 – There are no dues for membership in the HOA.
Article 3 –General Membership Meetings
Section 1 – All general meetings shall be held in the clubhouse or at any other location designated by the Board.
Section 2 – Special meetings for any purpose may be called at any time by the President or by a majority of the Board.
Section 3 – Notices of special meetings shall be given in writing at least seven (7) days in advance, except in emergencies.
Section 4 – Each homeowner/ registered full time resident qualifies for membership and shall be entitled to one vote either in person or by written proxy executed by a homeowner and filed with the HOA Secretary.
Section 5 – A voting quorum will be 3 Board Members + 3 members of the HOA.
Section 6 - HOA and GSMOL business will be conducted at the same time. The meeting agenda will list HOA business and then GSMOL business separately. In order to cast a vote regarding GSMOL business, the homeowner/ registered full time resident must be a member of GSMOL. Minutes from both meetings will be written together. At the May monthly HOA/GSMOL meeting, nominations will be accepted for the next years Board. Voting will take place at the following June HOA/GSMOL meeting.
Section 7 – All voting will be by a majority vote of the members in attendance.
Article 4 – Directors and Management
Section 1 – Subject to the limitations of these By-Laws, all powers shall be exercised by, or under the authority of, the elected Board.
Section 2 – The authorized number of Board members shall be a President, Vice President and Secretary/Treasurer .
Section 3– Boards shall serve terms of office for one year commencing at the first HOA/GSMOL meeting in June of each year.
Section 4 – It shall be the duty of the Board to faithfully perform any and all duties imposed upon them collectively or by these By-Laws and to employ such outside help as may be necessary.
Section 5 – The President shall act as Presiding Officer of both the HOA and the Board; he/she shall appoint all special committee chairperson and all standing committee chairpersons, with the consent of the Board. He/she shall also be an ex-officio member of all committees.
Section 6 - At any meeting of the Board, three members shall constitute a quorum for the transaction of any business.
Section 7 – Any individual Board member or the entire Board may be removed from office at any time by a majority vote of the HOA members at a meeting. If any Board members are so removed, a new Board member may be elected at the same meeting and they shall hold office for the remainder of the term of the removed Board member(s).
Section 8– With the exception of Board members removed by majority vote of the HOA membership, vacancies shall be filled by a majority vote of the remaining Board members, and anyone so chosen shall hold office until his/her successor is elected at a meeting of members, or at a special meeting called for this purpose.
Article 5 – Officers
Section 1 – Officers shall be elected by a majority vote of the HOA membership at the HOA/GSMOL meeting held in June of each year. The Officers of the HOA shall be a President, Vice President, Secretary, and Treasurer. Terms of office shall coincide with Board terms as outlined in Article 4, Section 3.
Section 2 – The President shall be the Chief Executive Officer of the HOA and shall, subject to the control of the Board, direct and control the business and affairs of the HOA. He/she shall preside at all regular and special meetings of the HOA membership and of the Board.
Section 3 – The Vice President shall fulfill the duties of the President in his/her absence. In the event that neither the President nor the Vice-President is able to serve, the position shall be filled by a person selected by majority vote of the remaining members of the Board.
Section 4 – The Secretary shall keep a book of records listing all business transactions agreed to at all member and Board meetings, such as any contacts with legal, political, county, city, or local businesses, other similar associations and general contacts for the benefit and education of the members, and all duties performed as assigned by the Board. Any business transaction will be discussed with the HOA prior to approval. The Secretary shall record the minutes of all membership meetings wherein the subjects of voting records, amendments, motions, agenda, and related items are discussed. These records shall be read and approved at the next meeting.
Section 5 – The treasurer shall have custody of, and be responsible for, all funds and securities of the HOA and deposit all funds in the name of the HOA in such depositories as shall be selected by the Board; disperse the funds of the HOA as directed by the Board; maintain accounts of receipts and disbursements of all assets and liabilities; give a financial report at all general meetings, and perform all other duties of the office which may be assigned by the Board.
Article 6 – Nominations and Elections
Section 1 –At the first meeting in May, all persons nominated are required to be both HOA/GSMOL members who have agreed to run and, if elected, to serve in the capacity for which elected.
Section 2– All elected Officers shall hold office as of the June General meeting.
Article 7 – HOA Records and Inspection
Section 1 – Copies of these By-Laws shall be available to all members of the HOA.
Section 2 –The Board may authorize any Officer or Officers to enter into any contract or to execute any instrument in the name of and on behalf of the HOA. Unless so authorized in advance, no Officer or any person shall have any power or authority to bind the HOA, nor to pledge its credit, nor to render it liable for any purpose or any amount of goods or funds.
Article 8 – Amendments
Section 1 – These By-Laws may be amended by majority vote of members of the HOA and who are present and voting at any regular or special meeting; provided that such proposed amendment or amendments shall have been read aloud to the members before voting.
Signed this __________ day of ______________________ 2014
President:___________________________________________________
Janet McGirk
Interim Vice President:_______________________________________________
Diane Erickson
Secretary/Treasurer__________________________________________________
Karen Moeller