STATE OF DELAWARE
ARTICLE I NAME AND TERRITORY
TOWN OF SOUTH BETHANY
SOUTH BETHANY PROPERTY OWNERS ASSOCIATION, INC. BYLAWS
(as amended on February 13, 1999; April 14, 2001; October 2003; April 21, 2007; May 1, 2010; February 11, 2012; April 28, 2012,
November 21, 2015)
Sec. 1. The name of this organization shall be the South Bethany Property Owners Association, Inc., hereinafter referred to as the Association.
Sec. 2. The membership of the Association shall be open to:
ARTICLE II PURPOSE
- limits of the Town of South Bethany, Delaware.
- Representatives of corporations, partnerships, and businesses who own property within the corporate limits of the Town of South Bethany, Delaware.
- Members, as identified in a. and b. above, may designate on the SBPOA application two (2) individuals to replace them as members of SBPOA.
Sec. 1. The purpose of the Association shall be to:
ARTICLE III MEMBERSHIP AND DUES
- Help the Town attain and maintain high standards in areas of health, safety, sanitation, service, beauty and well being;
- Protect and preserve public and private properties in the Town;
- Encourage effective and efficient management of the Town by all officials, employees and representatives;
- Provide continuing service to the community by periodic Association meetings, newsletters, and other informational materials; and
- Promote member attitudes of concern, cooperation, participation, and pride affecting the current and future welfare of the Town.
Sec 1. Property owners who meet the requirements of Article I Sec. 2 a and b, desiring to become an Association member, shall file an application for membership and shall indicate up to two (2) individuals for membership on the application form.
Sec 2. The membership dues will be payable annually for the period beginning on January 1 and ending on December 31. Payment of annual dues for a fiscal year shall entitle the member to be part of the neighborhood watch program for the on-going period in the beginning of the following year, i.e., during January through April of the following year. Membership dues shall be established at the September/October regular meeting as part of the proposed budget for the following fiscal year.
Sec. 3. Each individual whose application has been received and whose current Association dues have been paid shall be a member in good standing.
ARTICLE IV POSITION ON CANDIDATES
Sec. 1. The Association shall take no position on individual candidates seeking election to public or private office, including Association office.
ARTICLE V VOTING
Sec. 1. Voting status is determined by annual submission of an application for membership in the Association and payment of an application fee. Not more than two people per membership, as indicated on the application form, shall be eligible to vote and no one person shall be allowed more than one vote independent of the number of properties owned or the number of memberships filed. Sec. 2. Voting shall be by voice, appropriate sign, or roll call unless, on a motion duly adopted, a majority of the voting members present approve voting by secret ballot; provided, however, that election of officers shall be by written ballot when there are two or more candidates for an office. Proxy voting is not permitted.
ARTICLE VI ELECTION OF OFFICERS
Sec. 1. The officers of the Association shall consist of a President, one (1) or more Vice Presidents, a Recording Secretary, and a Treasurer.
Sec. 2. Each officer shall be elected for a term of two years. The President and Treasurer shall be elected in odd years. The Vice President and Recording Secretary shall be elected in even years. In order to allow for continuity, a minimum of two officers shall remain on the Board at any given time. Officers shall continue to serve in such capacity until his/her successor is elected and installed in office.
Sec. 3. No officer may serve more than two consecutive terms in the same office.
Sec. 4. At the regular April/May meeting, the President shall appoint a Nominating Committee of at least three (3) members, whose duty shall be to present at the regular June meeting a list of nominees for the positions of President, one (1) or more Vice Presidents, Recording Secretary and Treasurer for the ensuing year. Each nominee shall be a member in good standing, except that no elected or appointed official of the Town may serve concurrently as an elected officer of the Association.
Sec. 5. At the June regular meeting, following the report of the Nominating Committee and any nominations from the floor, all officers for the ensuing year shall be elected by a majority vote of members present and voting, and shall be installed in office.
Sec. 6. If, after the first ballot, there is not a majority vote for any nominee for an office, the nominee receiving the least number of votes shall be dropped and such balloting shall continue until one (1) nominee has received a majority of all votes cast. In the event of a tie vote between the two (2) nominees having the greatest number of votes, all other nominees shall be dropped and the balloting shall continue between the two (2) nominees having the same number of votes.
Sec. 7. Any office becoming vacant shall be filled either temporarily or for the balance of the term of office by majority vote of the Executive Committee, subject to confirmation by members present and voting at the next regular meeting. Nominations to fill vacant offices shall be made by either the Executive Committee or from the floor.
Sec. 8. Any officer may be removed for cause, by a two-thirds vote of the members present and voting, such removal to be accomplished by a written resolution presented by a member at any regular meeting, following which such resolution will lie on the table until the next regular meeting, or can be accomplished at a special meeting called for this purpose by the President.
ARTICLE VII POWERS AND DUTIES OF OFFICERS
Sec. 1. The officers shall have such powers and duties as shall be expressly vested in them by these bylaws or by membership action.
Sec. 2. The President shall preside at all Association regular meetings and shall have the right to vote only to break a tie vote on all questions. He/she shall be empowered to call upon any qualified individual or organization to voluntarily aid or advise the Association.
Sec. 3. The Vice President(s) shall at all times stand ready to assist the President in the discharge of his/her official duties. In the absence or disability of the President, a Vice President shall preside at any Association regular meeting and shall perform the duties of the President. In the absence of the President and any Vice President, the Treasurer shall preside at such meeting and perform the duties of the President.
Sec. 4. The Recording Secretary shall keep a record of the proceedings of the Association, preserve and file all written reports, and keep a roll of the officers, committees, and representatives. The Recording Secretary shall, at the expiration of his/her term of office, turn over to his/her successor all records and properties pertaining to such office.
Sec. 5. The Treasurer shall receive and deposit all receipts in a financial institution(s) to the account of the Association, shall keep records of all receipts and disbursements, and shall, at the expiration of his/her term of office, turn over to his/her successor an accounting, duly audited, of all receipts, disbursements, bank accounts and other financial records. The Treasurer is authorized to disburse funds provided for in the annual operating budget, or such modifications of the budget approved by the Executive Committee without further consent of the membership. The Treasurer shall also maintain a roll of all current Association members. The signature of the Treasurer, President, and any Vice President shall be on file at the financial institution(s) holding an Association account. All checks for less than $500.01 written on any account shall require only one signature. All checks for $500.01 or more written on any account shall require two signatures. The Treasurer shall prepare an annual operating budget for approval by the Executive Committee, and subsequently by majority vote of the Association members at the September/October regular meeting.
Sec. 6. In addition to the foregoing, the President may appoint an Association Membership Manager whose duties shall be to encourage the owners of property within the corporate limits of South Bethany to be members of the Association.
ARTICLE VIII COMMITTEES
Sec. 1. An Executive Committee, composed of the elected officers shall function for the Association. Executive Committee meetings shall be presided over by the President, or other officers as specified in Article VII, Section 3. A quorum of any Executive Committee meeting shall be three (3) members.
- The Executive Committee shall be empowered to take action deemed in the best interest of the Association membership, if necessary, between regular Association meetings.
- The President is encouraged to invite any past President(s) of the Association to serve on the Executive Committee.
- The Executive Committee is authorized to transfer up to twenty (20) percent of any line item to any other line item contained in the annual operating budget.
Sec. 2. A Neighborhood Watch Committee, composed of SBPOA volunteers who, during the months of October through April, periodically walk their assignments to check houses for broken pipes, damage due to weather, possible break-ins or any other suspicious or abnormal findings. The provisions of Article III, Section 2 apply.
Sec. 3. An Information Committee, composed of SBPOA volunteers to communicate information to SBPOA members concerning the Town of South Bethany through the SBPOA Newsletter “Shore Lines” and through the use of e-mailings and website.
Sec. 4. A Telephone Book Committee, composed of SBPOA volunteers to develop and distribute a bi-annual South Bethany Telephone Directory and Buyers Guide.
Sec. 5. A Social and Programs Committee, composed of SBPOA volunteers to develop member social activities and exchanges at SBPOA Membership meetings (i.e. appearance of the mayor and town council candidates).
Sec. 6. A Bull Roast Committee composed of SBPOA volunteers to organize and run the annual Bull Roast held in June after the Town election.
Sec. 7. The President may appoint other committees to consider matters related to the purposes of the Association. The chairman of any Association committee may call upon qualified individuals or organizations to voluntarily aid or advise such committee.
ARTICLE IX FISCAL YEAR. MEETINGS AND QUORUM
Sec. 1. The Association shall operate on a fiscal year beginning on January 1 and ending on December 31.
Sec. 2. Regular meetings of the Association shall be as follows:
a) April/May Meeting
- President’s report on state of Association
- Formation of Nominating committee
- Introduction of candidates for Town Council
b) June Meeting is held on the same day as the Annual Association Bull Roast and after election of Town Council
- Report from nominating committee
- Election/Installation of Association officers
c) September/October Meeting:
- Neighborhood Watch kick-off
- Establish the dues for the following fiscal year
- Adoption of annual operating budget
The President may schedule such meetings to avoid conflicts with a holiday or special occasion, provided that such date shall be announced at the previous regular meeting.
Sec. 3. Special meetings may be called by the President whenever he/she may deem it necessary. It shall be his/her duty, however, to call a special meeting upon the joint written request of fifteen (15) Association members.
Sec. 4. Due notice shall be given to the membership of all regular and special meetings, either mailed or sent by e-mail at least ten (10) days before the dates of such meetings, and such notices may be included in the Association newsletter and/or local newspapers such as the Wave or the Coastal Point
Sec. 5. A quorum at any regular or special meeting shall be attendance by at least ten(10) members in good standing.
ARTICLE X CONDUCT OF BUSINESS
Sec. 1. All business conducted by the Association shall be conducted according to Robert's Rules of Order, as amended, unless otherwise provided in these bylaws.
Sec. 2. Adoption of any motion or resolution, unless otherwise provided for, shall be by a simple majority of members in good standing, present and voting.
Sec. 3. Unless otherwise determined by a majority vote of members present and voting, or unless modified at the discretion of the presiding officer, the order of business at each regular meeting of the Association shall be as follows: a. Call to order. b. Approval of minutes of preceding meeting. c. Reports of officers. d. Reports of committees. e. Unfinished business. f. New business. g. Adjournment
ARTICLE XI DISSOLUTION OF ASSOCIATION
Sec. 1. Upon dissolution of the Association, its assets shall first be used to satisfy all liabilities then pending, with the balance then distributed to an organization or organizations holding a Section 501 (c) (3) federal income tax exemption under the Internal Revenue Code.
ARTICLE XII AMENDMENTS TO BYLAWS
Sec. 1. These bylaws may be amended by resolution, provided that such resolution shall be offered in writing at any regular meeting of the Association, and provided further that it shall require a two-thirds vote of the members present and voting for adoption
Sec. 2. The notice of the regular meeting at which a proposed bylaws amendment will be presented shall include the full text of the proposed amendment. To the extent possible, such amendment shall also be discussed in a current newsletter. The notice shall be made in accordance with the procedure outlined in ARTICLE IX Sec. 4.