Clark Shores, Incorporated
By-Laws
Effective 1/1/2004
STATEMENT
We,
the residents and owners of property in the private area; Clark Shores located in Lakeville, MA 02347 as deeded to us in Book
#2767, recorded on Page 130 in the Plymouth Registry of Deeds; do hereby revise and establish the following By-Laws.
ARTICLE 1- Name
The
name of the Association shall be Clark Shores, Incorporated, and shall have a seal, circular in form, bearing its name, the
word “Massachusetts”, and the year of incorporation. The Secretary/Clerk shall have custody of the seal and may affix it (as may any other
officer if authorized by the Board of Directors) to any instrument requiring the Association seal.
Article 2- Purpose
The
purpose of Clark Shores, Incorporated is
to improve safety, health and general condition of Clark Shores.
Article 3- Location
The
principle office of the Association shall be located at the Community Hall, Fifth
Avenue, Clark Shores,
with a mailing address of P. O. Box 1083, Lakeville,
MA 02347.
Article 4- Membership
A.MEMBERS
Any
real estate owner of property on Clark Shores
in the Town of Lakeville is a Member of this Association.
B. Duties of Members
It is the responsibility
of all Members to adhere to restrictions imposed on property deeds, maintain their property to standards established by the
Town of Lakeville and Clark Shores, Incorporated. (See Appendix A) Members have the right to attend all association
meeting to attain knowledge of activities of the Board of Directors.
C. Standing of Members
A Member is not
considered to be in good standing until Betterment Fees are paid in full. A Request
for hardship must be submitted to the Secretary seven (7) days prior to the February meeting, to be placed on the Agenda for
a majority vote by the Board of Directors.
Article 5-Meetings
A.Association Meetings
All Association
meeting will be on the first Sunday of the month at 11:00 AM unless that Sunday falls on a three-day weekend, whereby the
meeting will be postponed until the very next Sunday at 11:00 AM, and open to all Members of the Association.
1. Director’s Meetings
Directors
shall have a minimum of 12 meetings per fiscal year. This number may be higher die to an increase in activity.
2. General Meeting
The General
Meeting will be held the third Sunday of July.
3. Annual Meeting
Annual Meeting
will be held the first Sunday of August at 11:00 AM.
Agenda will
consist of:
a.
All issues that have been determined by the Board of Directors that are
of common interest to all
shall be
voted on at this meeting.
b.
Annual Reports from all Officers and Committee Chairs. All reports are due to the President at the July meeting, every report shall be copied to the Secretary
/ Clerk.
c.
Coming year prospectus shall be presented.
All prospectus are due to the President at the July Meeting, every prospectus shall be copied to the Secretary / Clerk.
4. Special Meetings
Special meetings
of the Association may be held as called by the President, or a majority of the Board of Directors, or ten (10) Members of
the Association in good standing. (See Article 4; C)
Seven days
prior to the meeting, the Secretary / Clerk shall post notice of the Special Meeting, such notice shall state the business
to be conducted at the Special Meeting, and no other business shall be brought forth.
5. Action without a meeting
Any action
by the Board of Directors may be taken without a meeting if a written consent thereto is signed by all the Directors and filed
with the records of the Board of Director’s meetings. Such consent shall
b e treated as a vote of the Board of Directors for all purposes.
B. Meeting Locations
All meeting will
be held at the Community Hall on Fifth Avenue. If the building is uninhabitable for any reason, the new location and time will be
posted prior to the meeting on the community board.
C. Qualification for Voting
One (1) vote per
paid betterment fee may be cast pertinent to Members, Directors, and Officers. Due
to postage costs, no Member may vote by proxy, Member must be present to vote.
D. Quorum on Annual Meeting
A quorum to conduct
business shall consist of seven (7) percent of the members in good standing at the time of that meeting. Should that percentage
not be met and there are votes pending, then a special meeting with notification will be called.
ARTICLE 6- Parliamentary Authority
The rules contained
in the modern edition of Robert’s Rules of Order shall govern the Association in all cases where they are not inconsistent
with these By-Laws and any rules of order that the Association may adopt. (See Appendix B)
ARTICLE 7 – Board of Directors
A. Qualifications
Must be a Member
in good standing and willing to devote time to improving the general condition, safety and health of Clark Shore are and residents.
B. Election
The Board of Directors
shall be comprised of twenty (20) Members including the President, Vice Presidentm Secretary / Clerk and Treasurer. Board
of Directors shall be elected to a term of three (3) years and be voted in by written ballot at the next scheduled meeting
after nomination.
ARTICLE 8 – Officers
A. President
1. Election
The President is
to be elected by the Board of Directors for a term of three (3) years.
2. Resignation/Dismissal
In the event of
a resignation, the Vice-President shall assume the duties of the President until the Board of Directors elects a new President. The President may be dismissed for unlawful acts or poor performance of duties by
a 2/3 vote of the Board of Directors.
3. Vacancy
In the Event of
a vacancy the Board of Directors will elect a new President to a three (3) year term.
4. Duties
The President shall
preside at and conduct all meeting of the Association and Board of Director meetings in an orderly and professional manner. The President shall cast a vote only in the event to a tie.
The President shall
be an ex-officio member of all committees, in so, the President is responsible to coordinate activities of all Directors or
Committees in charge of specific functions, such as roads, community buildings, beaches or any other here to unspecified function.
The President shall
be in full knowledge of all correspondence to and from the Association and coordinate to ensure the proper action is taken;
he or she must also monitor the activities of all other Officers.
In the event of
a vacancy in the Vice President or Secretary/Clerk position, the President shall either assume the responsibility until the
position is filled, or may at his/her discretion temporarily assign those duties of that position to another officer until
the position is filled.
The President shall
remain informed of all Town Issues that affect the Association and coordinate with Local, State and/or Federal Government,
or appoint a Director to so do on their behalf, and shall share gained information with the Board of Directors.
The President submits
a written report to the Secretary/Clerk on the activities of the year to be included in the Annual Report. This report shall
be given to the Secretary at the July meeting.
The President shall
notify the Secretary/Clerk of any cancellations of meetings due to unforeseen circumstances.
B. Vice President
1. Election
The Vice President
is to be elected by the Board of Directors for a term of three (3) years.
2. Resignation/Dismissal
The Vice President
may be dismissed for unlawful acts or poor performance of duties by a 2/3 vote of the Board of Directors.
3. Vacancy
In the Event of
a vacancy the Board of Directors will elect a new Vice President to a three (3) year term
.
4. Duties
In the absence of
the President, the Vice President shall preside at and conduct all meeting of the Association and Board of Director meetings
in an orderly and professional manner.
In the absence of
the President, the Vice President is responsible for carrying out all Presidential duties. (See Article 8; Section A; Part
4.
The Vice President
shall serve as the grievance officer for the Association and facilitate all negotiations between the Board of Directors and
the Association Members.
C. Treasurer
1. Election
The Treasurer is
to be elected by the Board of Directors for a term of three (3) years.
2. Qualifications
Must be bondable
to and by the Association for $50,000.00.
3. Resignation/Dismissal
Upon resignation
/ dismissal the President shall appoint a temporary Treasurer by a majority vote of the Board of Directors to assume the Treasurer
duties. The President may not assume the duties in the absence of an elected
treasurer. However, the Vice President shall perform the duties until a temporary Treasurer is appointed and confirmed. The Treasurer may be dismissed by a 2/3 vote of the Board of Directors for incompetence,
unlawful acts, embezzlement of funds, or failure to perform the duties outlined here.
4. Vacancy
In the event of
a vacancy, the Board of Directors will elect a new Treasurer to a three (3) year term.
5. Duties
The Treasurer shall
keep a full and accurate record of all financial transactions belonging to the Association, as well as an accurate membership
list. All books, accounts, documents and records of the Association shall be
open to inspection by any member of the Association in good standing.
Check signing: All
checks require two (2) signatures, The President, the Vice President and the
Treasurer shall be authorized for signatures. It shall be the Treasurer’s duty to obtain the necessary signatures for
all payments made by the Association.
The Treasurer shall
be responsible for all portions of the Betterment Fees including billing, receiving, depositing of funds, resolving of discrepancies
and accounts placed fir bad debt or any further collection process.
The Treasurer is
responsible for holding a seat on the budget committee and participating in the budget committee meetings.
The Treasurer is
responsible for creation and storage of a duplicate record of all Association financial transactions in a location designated
by the Board of Directors.
The Treasurer shall
turn over any complaints to the Vice President for grievance arbitration.
The Treasurer shall
prepare and present a report at each regular meeting. The Treasurer shall also
present a written report to the President to be included in the annual report. This
report shall be presented to the President and Secretary at the July meeting.
D. Secretary / Clerk
1. Election
The Secretary /
Clerk is to be elected by the Board of Directors for a term of three (3) years.
2. Resignation/Dismissal
Upon resignation
/ dismissal the President shall appoint a temporary Secretary / Clerk to assume the duties as approved by a majority vote
the Board of Directors. The Secretary / Clerk may be dismissed for unlawful acts or poor performance of duties by a 2/3 vote
of the Board of Directors.
3. Vacancy
In the event of
a vacancy, the Board of Directors will elect a new Secretary / Clerk to a three (3) year term.
4. Duties
The Secretary /
Clerk shall record the minutes of both the Association and Board of Directors meetings and present them in written form at
the next meeting. The minutes shall include a roll call by name. The Secretary / Clerk shall prepare and distribute an agenda
7 days prior to the meeting and post the meeting date and time on the community bulletin board.
The Secretary /
Clerk shall appoint a moderator from the floor in the absence of the President and the Vice President and call for a vote
to confirm the appointment for that meeting.
The Secretary /
Clerk is responsible for maintaining scheduling records of the community building.
The Secretary /
Clerk is responsible for posting all committee meeting on the community board.
The Secretary /
Clerk shall keep a safe deposit box with all the important documents belonging to the Association. An inventory of said documents as well as copies shall be kept and filed separately. Access to the deposit box shall be granted to the {resident, Vice President and Secretary / Clerk only.
The Secretary /
Clerk shall maintain a Post Office Box and pick up the mail on a weekly basis. All correspondence to the Association shall
be opened and logged by The Secretary / Clerk, then distributed to the proper officer as deemed by the Board of Directors.
All correspondence is to be presented at the next Board of Directors meeting.
The Secretary /
Clerk shall maintain a current list of Officers and Directors indicating position, address, phone, fax, email (where available)
and term expiration date.
The Secretary /
Clerk shall accurately complete and file all reports, contracts, forms, applications, meeting agendas and minutes, and permits
as required by the Local, State and Federal Government and maintain records of
such for the Association.
All books, accounts,
documents and records of the Association shall be open to inspection by any Member of the Association in good standing.
ARTICLE 9 – Committees
A. Qualifications
Any Member of the
Association is good standing is eligible to volunteer for a Committee.
B. Organization
1. All Committees
formed to accomplish a specific task shall be approved by a majority vote by the
Board of Directors and shall consist of the following:
a.
1 Chairperson
b.
No less than 3, but no more than 7 Members of the Association in good standing.
2.
Clark Shores, Inc. requires a Budget Committee that is formed by the approval of the Board of
Directors
with the specific task of formulating a budget for the fiscal year. This Committee shall consist of the following:
a.1 Chairperson
b. No less than
3, but no more than 7 Members of the Association in good standing; one of
which shall be the present Treasurer.
The Budget Committee shall present the completed budget to the Board of Directors for approval
as well as to the Members of the Association at the Annual Meeting for a majority vote.
C. Dismissal
Any Committee Member
or Chairperson may be dismissed for unlawful acts in performance of duties, or unacceptable conduct by a 2/3 vote of the Board
of Directors or by a petition specifying the Committee Member pt Chairperson’s unlawful acts in performance of duties,
or unacceptable conduct signed by 50 Members in good standing.
D. Vacancy
Any Committee seat
vacancy may be filled with any Member of the Association in good standing.
E. Duties
1.Committee Members
a. Committee
Members shall attend meetings to accomplish the specific task that was
approved by the Board of Directors.
2.Chairperson
of the Committee
a.
Committee Chairperson must notify the Secretary / Clerk of scheduled meetings.
b.
Committee Chairperson shall supply a monthly summary report to the Secretary
/ Clerk 7 days prior to the next scheduled Board of Directors Meeting.
c.
Committee Chairperson is responsible for providing an annual report to
the President at the July Board of Director’s Meeting in preparation for a presentation at the Annual Meeting of the
Association.
3.
All recommendations, actions and financial expenditures of all Committees
must be approved by
the Board of Directors by majority
vote prior to implementation.
ARTICLE 10 – Finances
A. Policy
The Association
reserves the right to charge a Betterment Fee to each member within Clark Shores located in Lakeville, MA
as deeded in Book #2767 recorded on page 130 in the Plymouth Registry of Deeds. The purpose of said Betterment Fee is to cover
all the Association’s operating costs and/or expenses as dictated by the budget.
B. Betterment Fees
Betterment Fees
are to be kept to a minimum amount needed to maintain or improve the area. All
changes in Fee Assessment or any other financial encumbrances on the Association require prior written approval to all members
of the Association. This notice must have detailed information on the reason(s) for increases or encumbrances. A two-thirds
(2/3) vote of the Members present at the Annual Meeting is required to increase or decrease Betterment Fees.
C. Assessment / Collection
Betterment Fees
are to be collected by the Treasurer by sending notices no later than January 15th of the current calendar year. These fees are due Net 30 days from the date of billing unless prior arrangements
have been made and accepted by two-thirds (2/3) vote of the Board of Directors at the February meeting or a Special Meeting
is called. The Association reserves the right to institute a Finance Charge that shall not exceed the Annual Percentage Rate (APR) of 20% of the fee itself, or any fee not paid within Net30 days. At such point
that a Fee is ninety (90) days past due, being one hundred twenty (120) days
past the billing date, the Association reserve the right to post the account for collection.
At such point, the original fee, any incurred finance charges, plus any collection costs will be due.
D. Expenditures
Any expenditure
of Five hundred ($500.00) or greater not provided for in the budget, presented
and approved at the Annual Meeting shall require approval at a Special Meeting.
A charge account
may be held at local outlets, only Board of Directors of the Association shall be authorized to sign on the account. Another individual shall be granted temporary authorization to use said account with
written permission by two (2) Officers of the Board of Directors. Any local outlet
offering such an account shall be notified of these rules in writing. All such
charges still require prior approval by the Board of Directors following under the rules of Article 5.
Any expense brought
forth having not met these requirements shall be voted on by the Board of Directors who maintains the right of refusal of
said expense with a majority vote.
Receipts for all
expenditures must be submitted. No expense shall be paid until a receipt or bill
has been submitted unless the amount not to be exceeded by pre-approved by a majority vote of the Board of Directors
E. Budget
The Budget shall
include all known and anticipated yearly expenses for the fiscal year. These
expenses shall include, but are not limited to Utilities, Insurance, Taxes, Bonding, Administrative, Snow Plowing, Road-Beach
and Boat Ramp maintenance.
Article 11 – General
A, Fiscal Year
The Fiscal Year
shall start January 1st and end December 31.
B. Amendments
These By-Laws may
be amended at any Annual Meeting by a two-thirds (2/3) vote provided that previous notice of the amendment is given to members
at least seven days in advance by mail.
C. Contract Bids
All contracts for
work to be performed must be presented to Board of Directors for approval by a majority vote.
All work contracted
must have a minimum of two bids, where time allows. If the contract for the lowest
bid is not voted on, reasons justifying this decision must be noted in the minutes of the meeting at which it was presented
and voted on, by the Secretary.
D. Annual Reports
The Annual Reports
to be presented at the Annual Meeting must consist of the following:
1.
President Report: Activity of the Year
2.
Treasurer Report Financial Statement
3.
Budget Report: Current year and Prospectus for Next Fiscal Year to be voted
upon.
4.
Committee Reports: All Committee Chairs shall report on current year activities
as well as outlining prospectus for next fiscal year.
5.
Secretary / Clerk: Shall present a current list of Officers and Directors
of the Association and any other information of interest.
The Board of Directors
may submit other reports that are of interest to the Association as a whole.
All reports shall
be presented to the President and Secretary at the July meeting.
Article 12 – Appendixes
Roberts Rules
Rule of Road Ways
Town By-Laws
Maps
Rules of Common Roads, Ways and Beaches
1. Boat Launching
Areas:
Indian Road
Big Beach Boat Ramp – All types of boats and crafts
Third Beach Boat Ramp – Only non-motorized boats and crafts
Boat Ramp Keys
must be purchased from the Association.
2. No boats or crafts
shall be launched from any common areas within Clark Shores except the two boat ramps listed above.
3. All boating,
skiing, and motorized water activity must adhere to both local and state laws and regulations.
4. Boats operating
under power in any swimming area are prohibited.
5. No motorized
vehicles of any type shall be driven on the beach.
6. Parking is not
allowed at or in front of any beach except Indian Rock, Big
Beach and only in the provided parking areas.
7. Fires of any
kind are prohibited on all beaches.
8. Overnight stays
are prohibited on all beaches. Beach curfew is 10:00 PM.
9. Glass containers
are prohibited on all beaches.
10. No bio-degradable
refuse, clamshells, diapers, or household trash shall be deposited in Association approved trash barrels, or left on any beaches.
11. ATV’s
and skimobiles must adhere to all local and state laws and regulations, and must adhere to all local and state speed limits.
12. Unregistered
vehicle operation is prohibited on Association property, as well as all common roads and ways.
13. Any unregistered
or inoperable vehicle left on Association property or common roads or ways, will be towed at owner’s expense, following
written notification by the Board of Directors.
14. Unregistered
and un-garaged vehicles need to adhere to the Town of Lakeville
By-Laws and regulations.
15. Vehicles if
Members and their guests shall be parked on or in front of that Member’s property, as not to block normal traffic flow.
16. Tractor-trailers
are prohibited on Association property without prior authorization from the Board of Directors.
17. Between the
months of November and April, during snowstorms, best efforts shall be made by residents to park all vehicles off of the roadways
to allow for proper snow removal.
18. No loitering
in cars, or otherwise, on any beaches, Association property, or common roads or ways.
19. Disturbance
of private property or rights, as well as unlawful trespassing, is prohibited.
20. Members shall
be held responsible and liable for actions of their unrestrained animals.
21. Members shall
be held responsible, liable, accountable, and answerable for actions of themselves, their household members, guests, tenants
and their visitors.
