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Constitution of the MSCA |
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PREAMBLE; We the residents of Montgomery Square, to provide a more effective and efficient constitution in order to make our community an increasingly attractive, safe and congenial place to live, and to otherwise promote our general welfare, hereby repeal and revoke that constitution adopted November 10, 1964, and adopt this amended constitution in lieu thereof. Article I: MEMBERSHIP Section 1. Each household in Montgomery Square shall be eligible for membership in the Association. Households contiguous to Montgomery Square may be eligible for membership in the Association by the act of at least seven members of the Governing Board. Section 2. Each household which tenders the annual dues to the Treasurer or representative of the Treasurer shall be admitted to membership immediately. Article II: DUES Section 1. Annual dues are payable during the fourth quarter of each year. Dues of households established after July 1 of the year shall be one half of the annual rate. Section 2. The amount of annual dues shall be fixed by the Governing Board on or before October 1 of each year. Any change in the amount of the annual dues from the preceding year must be approved by at least six members of the Board. Article III: OFFICERS Section 1. The officers of this Association shall be a President, a Vice President, a Secretary and a Treasurer. They shall be elected from the membership at the Annual Election and shall serve for a term of one year or until successors are elected. Section 2. The President shall be the chief executive officer and spokesperson of the Association; shall preside at all meetings of the Association and the Governing Board; shall make a report to the Association at the Annual Meeting; and shall perform such other duties as Governing Board may require. Section 3. The Vice President shall perform such duties as the President assigns and shall have all the powers and perform all the duties of the President in the event of the President's absence, death, disability, resignation or removal. Section 4. The Secretary shall send out notices, and keep the minutes of all the meetings of the Association and of the Governing Board; shall inform the officers and the committee Chairpersons of any new business pertaining to their duties; shall maintain records and correspondence of the Association and shall tend to such correspondence as the President or the Governing Board may direct. The Secretary shall maintain a complete, current and accurate list of the names and addresses of the members. Section 5. The Treasurer shall be the custodian of all Association funds and shall be responsible for the depositing and disbursing of these funds under the direction of the Governing Board. The Treasurer shall collect all dues from the members. The Treasurer shall keep an accurate, itemized account of all receipts and disbursements; shall pay bills upon the certification of their correctness by the Governing Board; and shall report on all receipts and disbursements at the Annual Meeting and each regular meeting of the Governing Board. Section 6. The term of office for the Governing Board shall begin in June annually. Article IV: GOVERNING BOARD Section 1. The affairs of the Association shall be managed by a Governing Board. The Board shall be composed of a President, Vice President, Secretary and Treasurer of the Association, and the Chairpersons of the Communications, Improvements, Membership, Social, Zoning, Roads and Safety and Education Committees. Section 2. Regular meetings of the Governing Board shall be held at least once during each month except July and August, on a day fixed at the preceding meeting. Special meetings of the Board may be called by the President or by three members of the Board. Six members of the Board shall constitute a quorum. The act of the majority of the Board members present at a meeting where there is a quorum shall be the act of the Board, except as otherwise provided in this Constitution. Section 3. Notice of each meeting of the Governing Board and, in the case of a special meeting, the purpose or purposes for which it is called shall be made to each Board member. Section 4. If a vacancy occurs on the Governing Board, except in the office of President, the remaining members of the Board shall elect another of the Association to fill the vacant office for the unexpired term. Section 5. If a member of the Governing Board ceases to reside or is dropped from membership in the Association for nonpayment of dues, or in the opinion of at least six members of the Board is unable or unwilling to carry his or her duties, and if such member refuses to resign, then the Board shall declare such members place on the Board vacant and shall select a successor as provided in Section 4 of this article. Article V: Section 1. The Association shall have seven standing committees: the Communications Committee, the Improvements Committee, the Membership Committee, the Social Committee, the Zoning Committee, the Roads and Safety Committee and the Education Committee. The Chairpersons of these committees shall be selected from the membership at the Annual Election and shall serve for a term of one year. Each committee shall have in addition to the Chairperson, a minimum of four members appointed by the Chairperson. Section 2. The Communications Committee shall be responsible for the reproduction and distribution of the Association notices and publications. It shall perform other such duties involving community communications as may be required by the Governing Board. Section 3. The Improvements Committee shall recommend to the Governing Board any physical improvements calculated to benefit the entire community from an aesthetic, safety or recreational standpoint. It shall make recommendations as to all physical improvements proposed by others before such proposals are submitted to the Board for action. It shall perform such duties in connection with physical improvement projects as may be required by the Board. Section 4. The Membership Committee shall urge every eligible household to become a member of the Association. It shall assist the Treasurer in collecting dues. It shall assist the Secretary in maintaining a complete, current and accurate list of the names and addresses of the members. It shall present suggestions by members of the Association to the Governing Board, and shall perform other such duties in contacting members as the Board may require. Section 5. The Zoning Committee shall keep the Governing Board informed on all zoning matters affecting the community, shall recommend what action the Board shall take with respect to such matters and shall perform such duties in connection with zoning matters as the Board may require. Section 6. The Roads and Safety Committee shall keep the Governing Board informed on all matters related to the planning and construction of area roads and traffic safety affecting the community, shall recommend what action the Board should take with respect to such matters, and shall perform such duties in connection with roads and traffic safety matters as the Board may require. Section 7. The Education Committee shall keep the Board informed on all matters related to education affecting the schools that serve the community, shall recommend what action the Board should take with respect to such matters, and shall perform such duties in connection with education matters as the Board may require. Section 8. The Governing Board may appoint and discharge any special committees as required. Article VI: MEETINGS Section 1. The Annual Meeting of the members of the Association shall be held in May. The members shall be notified of the dates of the Annual Meeting at least thirty days prior to the meeting. Section 2. A regular meeting of the membership shall be scheduled in May of each year. Section 3. Special meetings of the membership may be called at request of the President, or any three members of the Governing Board or any twenty-five members of the Association. Such written requests must be placed in the hands of the Secretary. Section 4. Notice of the meetings of the Association shall be delivered to each member household not less than ten days in advance of the meeting. Only subjects specified and described in detail shall be considered at a special meeting. Section 5. Each member household represented at a meeting shall have one vote. There shall be no proxy voting. Section 6. Ten percent of the membership shall constitute a quorum. The act of the majority of the members present at a meeting at which there is a quorum shall be the act of the Association except as otherwise provided in this Constitution. Article VII: ELECTIONS Section 1. Each member household of the Association shall have one vote at the Annual Election. Section 2. A Nominating Committee shall be formed in March of each year and shall consist of the President, who shall act as a Chairman, no fewer than four members appointed by the President from the members of the Association not serving on the Governing Board. Section 3. At least thirty days prior to the Annual Meeting, the Nominating Committee shall furnish to the Secretary for distribution to all member households, the name of at least one candidate for each position on the Governing Board and a brief statement of pertinent information about a candidate. This distribution shall include the announcement that any member may be nominated for any position on the Governing Board by a petition signed by ten members and the nominee and presented to the Secretary at least ten days prior to the Annual Meeting. Section 4. At the Annual Meeting with a quorum present, members of the Governing Board shall be elected by the majority vote of those present. Candidates eligible for election will be only those who have been nominated in accordance with Section 3 of this article. Section 5. If any candidate fails to receive a majority of the votes cast, a second vote shall be taken between the two candidates receiving the highest number of votes. Article VIII: AMENDMENTS Section 1. Amendments to this constitution may be proposed by any three members of the Governing Board or any ten members of the Association in a petition delivered to the Secretary. The Secretary shall submit such a petition to the Board at it's next meeting. Section 2. In order to be adopted, a proposed amendment must be approved by at least six members of the Governing Board, and by the majority of the members of the Association present at a special meeting, called as soon as practicable after the date of Board approval, at which a quorum of the membership is present. |
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