Our Community Constitution and Bylaws
CONSTITUTION AND BYLAWS
ARTICLE I: Name
The name of this Association shall be “Evergreen Estates Community Association, Incorporated”, hereinafter called the Association.
ARTICLE II: Purposes
A. To secure concerted action in all matters pertaining to the protection, development, and improvement of the Evergreen Estates area. To promote the general welfare of the residents and property owners of said area, and to serve the best interests of Evergreen Estates residents in all community matters.
B. To encourage and promote civic and social activities and enterprises in Evergreen Estates. To cooperate with other similar organizations in matters pertaining to the common welfare of the residents and property owners of Evergreen Estates and of adjacent areas.
C. To assist, promote, and enforce appropriate zoning regulations and property restrictions in and affecting Evergreen Estates.
D. To secure from proper governmental officials such services, protection, and facilities necessary to improve living conditions of residents of Evergreen Estates.
E. To control, regulate, and improve the recreational or playground area, which area is designated on a recorded Plat of Evergreen Estates, including the swimming pool and all improvements pertaining thereto.
F. To raise funds and sponsor community social activities.
G. To provide for and operate a swimming pool, which pool shall be controlled and managed by this Association in accordance with the rules specifically designed for such operation. Control, operation, management, and other functions pertaining to the swimming pool, including, but not limited to, the promulgation and adoption of rules concerning operation of the pool, shall be limited to members of the swimming pool who pay the initial fee and other properly approved charges.
H. To acquire by purchase, gift, lease, device or request, or in any other manner, and to take, receive, hold and employ any property, real and/or personal for purposes of this Association. To sell, mortgage, lease, or otherwise dispose of any Association property, real and/or personal.
I. The power and authority enumerated in Article II, H. above is in furtherance of and not in limitation of powers conferred upon this Association by law. It is not intended by the mention of any particular power or authority to limit or restrict any authority or power to which this Association may be legally entitled.
ARTICLE III: Government
This Association shall be governed by a board of nine directors elected by written ballot by a majority of the members in good standing at the annual meeting of the association held in February of each year. All directors must reside in Evergreen Estates. To afford the Board a measure of continuity, the following procedure will be followed at the annual meetings. Five directors will be elected on odd numbered years, four directors will remain in office until their replacements are elected at the annual meeting in the following even numbered years. Each board member will serve two years. No member shall serve consecutive terms.
ARTICLE IV: Board of Directors
Section 1: Consistent with these Bylaws, the Board of Directors shall:
A. Manage all Association property and conduct all Association business.
B. Promulgate and amend rules governing the Association.
C. Elect each year from the Board of Directors, officers of the Association.
D. Fill interim vacancies in the Board membership occurring between annual meetings.
A. The Board of Directors shall not obligate the Association in any way for a period of more than one (1) year without the approval of the majority of the Association members, present in person or by written proxy, at the annual meeting or any special meeting called for that specific purpose, after due and sufficient notification in accordance with Article VIII.
B. Neither the Board of Directors nor any officer or officers thereof shall obligate or make any single expenditure on behalf of the Association, in excess of $500 without approval of a majority of members of the Association at a duly held meeting. Any Approved 03/10/2016 previously approved tax, mortgage, or similar type payments pertaining to the Association are excepted.
A. The Board of Directors shall designate the bank or banks in which the funds of the Association shall be deposited, and determine the manner in which checks, drafts, and other instruments for the payment of funds of the Association shall be executed. However, the Board of Directors shall require that at least two (2) officers sign all checks, drafts, or other instruments for money drawn in the name of the Association.
B. The Board of directors shall prepare an annual report reflecting the status of membership and finances, summarizing important activities and transactions of the preceding calendar year; copies of said report will be distributed to all members; supervise all committees with power to direct their activities and to alter, amend, and approve any rules or regulations prescribed by any committee; adopt an annual budget upon recommendation of the finance committee; fix fees annually; do or cause to be done all other things necessary to the operation of the Association as authorized by this Constitution and Bylaws.
C. The Board of Directors is authorized at Association expense to insure by bond the fidelity of the Secretary, Treasurer, or any other officer or employee in such manner and amount as they deem necessary.
D. The Board of Directors shall cause the books of the Association to be audited annually by competent examiners selected by the Directors, and the report of the audit shall be available for inspection by any member of the association, and shall be made a part of the annual report.
E. Except as otherwise herein provided, the Board of Directors shall have full power to transact business of the Association which may arise and require action by the Board without a meeting of the Association, except in those matters wherein such powers have been specifically reserved to the membership by these By Laws. If such action becomes necessary, a special meeting shall be called as soon thereafter as practicable to inform the association.
A.The Board of Directors shall meet at least twice quarterly and at such other times as they deem necessary.
B. Five (5) members of the Board of Directors, two (2) of which shall be officers, present after due notification shall constitute a quorum.
Approved 03/10/2016 – In the event a question before the Board of Directors shall result in a tie vote, which cannot be resolved, the question may then be submitted to the members of the Association for a decision.
A. Any member of the Board of Directors may be relieved by a majority vote of members of the Association present at either an annual or special meeting called by the Board of Directors in accordance with these Bylaws.
B. Action to relieve any member of the Board of Directors shall be initiated in writing addressed to the President of the Association. Such action shall assign the grounds for relief and be signed by at least five (5). The Vice President in the absence of the president shall act in his standing. The Board member concerned shall be notified in writing immediately of such action and may submit his resignation to the Board of Directors, which resignation will be accepted or, may present any matters in his behalf to the Association at the annual or special meeting at which this matter shall be determined.
ARTICLE V: Officers
Section 1: Association officers shall be –
B. Vice President
Section 2: Duties of the President –
A. Preside at all meetings of the Board of Directors and of the Association.
B. Sign contracts and documents relating to the affairs of the Association unless otherwise herein provided in this Constitution and Bylaws.
C. Appoint committee and committee chairmen.
D. Be ex officio a member of all standing committees.
E. Perform all other acts properly belonging to his office, including executive supervision of all activities of the Association and its employees.
Section 3: Duties of the VicePresident –
The VicePresident in the absence of the president shall act in his stead. He shall, under the immediate direction of the President, attend to the business and financial operations and supervise the operation, maintenance and improvements of the properties of the Association.
Section 4: Duties of the Treasurer –
A. The Treasurer shall, under the supervision and direction of the Board of Directors, be responsible for the immediate management and supervision of all financial operations of the Association, to include the collection, accounting for, and disbursement of all Association funds.
B. The Treasurer will obtain the approval of the finance committee before any expenditure is made and the finance committee may obtain approval of the Board of Directors in any case wherein the opinion of that committee such action is deemed necessary or desirable. Neither the Treasurer or the finance committee will enter into any transaction which will obligate initially or ultimately Association funds in an aggregate amount in excess of $200 for any particular improvement to the Association including the swimming pool facilities except routine operational expenses without prior approval of the Board of Directors.
C. The Treasurer shall deposit all funds in a banking institution and make all disbursements by check, signed by the Treasurer and the President, or the Vice President in the absence of the President.
D. The Treasurer can be bonded at the Association’s expense in an amount to be determined by the Board of Directors. The amount of the bond shall be made known to the membership.
E. The Treasurer shall be resident agent of the Association.
F. The treasurer shall retain all financial records and reports as permanent records of the association.
G. The Treasurer shall submit a report on the financial condition of the Association at each meeting of the Board of Directors or the Association unless otherwise directed.
Section 5: Duties of the Secretary –
The Secretary shall give notification of meetings of the Association and Board of Directors; attend to the Association correspondence and perform such other duties pertaining to this office as may be requested by the Board of Directors or officers of the Board. It shall be the duty of the Secretary to keep minutes of the Association and the Board of Directors meetings, accompanied by an accurate record of attendance.
A.The Secretary shall advise the membership in writing of all annual meeting at least fourteen (14) days in advance and of special meetings as soon as practicable by the most expeditious means.
B. The Secretary shall submit a written summary of the proceedings of the Board of Directors meetings for presentation and approval of the Board at the next meeting.
C. The Secretary shall submit written minutes of previous Association meetings at the next meeting of the Association for approval by the membership.
D. The Secretary shall appoint from the Association membership an assistant. The Assistant’s duties shall be assigned by the Secretary.
E. The Secretary shall be custodian of the Corporate Seal, which shall be used as directed by the officers of the Association.
ARTICLE VI: Membership
Any resident family of the community known as Evergreen Estates shall be eligible for membership in this Association as either a member or associate member. Each member shall have one vote.
A. Member – Any family owning and occupying a home within Evergreen Estates shall be eligible for membership.
B. Associate Member – Any family living within limits of Evergreen Estates in a rented house, but not owning a house in Evergreen Estates shall be eligible for Associate Membership. Any nonresident owner of a home within Evergreen Estates renting to another shall be eligible for Associate Membership.
ARTICLE VII: Dues and Fees
Section 1: Dues
A. Dues of the Association for Members and Associate Members shall be fixed annually by the Board of Directors and shall be ratified by the Members.
B. Association dues payable shall be forwarded to the Treasurer within 30 days from receipt of bill by Members. Approved 03/10/2016
C. Annual Dues For new members of the Association dues shall be adjusted and prorated to the month in which the member joins. The one year period for such purposes shall be from February 1 to January 31 the following year. A member joining the Association on or prior to the 15th day of any calendar month shall be charged dues for that full month. Members joining subsequent to the 15th day of the calendar month shall not be charged dues for that month.
D. Members of associate members whose annual dues are in arrears shall be so notified in writing by the Treasurer. A 30 day grace period from the due date shall be allowed. Failure to pay delinquent dues on expiration of the 30 day grace period shall result in termination of membership by written notice signed by the President on approval by the Board of Directors. Membership terminated by failure to pay delinquent dues may be reinstated upon payment of such dues including any special assessments which may have been made during the inactive period. Members whose membership has lapsed, will continue to receive information disseminated to the Association.
Section 2: Fees Special
Assessments may be levied as approved by majority vote of the Association members present or by written proxy after due notification of a meeting called for that purpose.
Section 1: Annual Meetings
A. The annual meeting of the Association shall be held in February at a place and time selected by the Board of Directors.
B. The annual meeting shall be held for the purpose of electing directors, and for the transaction of such other business as indicated in the notice or properly may be brought before it.
C. Notice of the annual meeting shall be given to the members at least fourteen (14) days prior thereto. Notice of the annual meeting shall include the names of the candidates for the Board of Directors nominated by the nominating Committee. Independent nominations may be made from the floor.
Section 2: Special Meetings
Special meetings may be held at the call of the board of Directors. A request signed by 25% of the voting members of the Association may direct the Board to call a special meeting providing the purpose of the meeting is stated in the request. Special meetings of the Association may be held after such notification as circumstances permit has been given to the members. The notice normally shall state the purpose for which a special meeting is called and in such case, no other business shall be transacted. Time and place of all special meetings shall be designated by the Board of Directors. Approved 03/10/2016
Only members in good standing shall be entitled to vote at Association meetings. Any such member may be represented by written proxy if he is not able to attend in person. Voting, except for election of Directors which shall be by written ballot, may be by voice, but ten (10) active members, including those represented by proxy, shall have the right to demand voting by roll call.
Section 4: Quorum
A quorum of Association members shall consist of one-third (1/3) of members in good standing present in person or by proxy after due notice has been given.
Section 1: Special committees
Shall be appointed by the President.
Section 2: Standing Committees
The recommended committees shall be:
A. Swimming Pool; House and Activities; Membership; Public Relations; Finance; Rules; Nominating; and Community Appearance.
B. The duties and powers assigned in these Bylaws to these recommended committees shall be subject to the authority of the Board of Directors.
Section 3: Swimming Pool Committee
The Swimming Pool Committee shall perform such duties and functions as may be assigned by the Vice President; and the Board of Directors. This committee shall be composed of swimming pool members only. (See Article II G.).
Section 4: House and Activities Committee
The House and Activities Committee shall be responsible for the operation of recreational activities except the swimming pool. This committee shall maintain and set up a schedule of all activities of the Association; plan, supervise and operate affairs and special events of the Association.
Section 5: Membership Committee
The Membership Committee shall welcome and actively recruit new members for the Association.
Section 6: Public Relations Committee
Approved 03/10/2016 – The Public Relations Committee shall attend to public relations matters concerning the Association and all affairs or events sponsored by the Association.
Section 7: Finance Committee
The Finance Committee shall, with the assistance of the Treasurer, prepare the annual budget and financial statement for submission to and approval by the Board of Directors, and shall exercise general supervision over the financial transactions of the Association. This committee shall be composed of the Treasurer of the Association and two other members of the Board of Directors. The Board unanimously passed a resolution in 2020 to allow a non-Board member of the Finance Committee (certified accountant) to support the Board in financial matters.
Section 8: Rules Committee
The Rules Committee shall prepare rules concerning health, conduct and safety in connection with the Association, and shall in conjunction with the House and Activities Committee insure that the rules and regulations as approved by the Board of Directors are enforced.
Section 9: Community Appearance Committee
The Community Appearance Committee shall investigate and report on appearance and construction within the community.
Section 10: Nominating Committee
The Nominating Committee shall prepare a slate of candidates for election to the Board of Directors.
Section 11: Membership Committee
The Membership Committee shall be composed of a minimum of five (5) members of which no more than two (2) will be members of the Board of Directors.
ARTICLE X: Order of Business:
1. Call to Order
2. Roll call of officers
3. Reading of minutes of previous meeting
4. Treasurer’s report
5. Board of Directors’ report
6. Report of committees
7. Reading of communications
8. Unfinished business
9. New business
10. General Discussion
ARTICLE XI: Miscellaneous
It shall be the duty of each member of the Association to inform the Board of Directors, or any member of the Board of Directors, of any matter that may come to their attention affecting the health or general welfare of the community.
Interpretation of the Bylaws Interpretation of any of the provisions of these Bylaws shall be as determined by the Board of Directors.
This Constitution and Bylaws may be amended by a two-thirds (2/3) vote of the members, in good standing, present in person or by proxy, and voting at any annual meeting or special meeting held for that purpose. Normally this Constitution and Bylaws may not be amended unless notice of any proposed amendment shall be given to members of the Association at least fourteen (14) days prior to the time of such meeting. All proposed amendments shall be first presented in writing to the Board of Directors and the Association before action by the Association (see Article III).
ARTICLE XII: Parliamentary Procedures
Any dispute concerning parliamentary procedure shall be settled in accordance with the latest edition of Robert’s Rule of Order.
A swimming pool will be constructed in Evergreen Estates by members of this Association. The rules and regulations governing operation, control, maintenance and all matters pertaining the pool, shall be promulgated by the Swimming Pool Committee and approved by the Board of Directors. Only members of the swimming pool in good standing shall have voice in or serve on any committee or board in connection with swimming pool matters.
Approved – Sept. 16, 1959
Amended – February 1962
Amended – February 1978
Amended – Dec. 14, 1986
Amended Mar. 10, 2016