BYLAWS OF JASON LEE HOMEOWNERS ASSOCIATION, INC.
WHICH OPERATES THE JASON LEE SWIM AND TENNIS CLUB
ARTICLE I. MEMBERSHIP
A. QUALIFICATIONS AND DEFINITIONS
A membership as referred to hereinafter is synonymous with the terms member and homeowner.
Each homeowner shall be entitled to one membership upon filing an application with the Secretary and paying the membership fee as fixed by the Board of Directors. The right to membership shall rest with the property owner. The homeowner may assign the right to such membership to the tenant of his property or, if the property owner refuses to exercise his right to membership, the tenant may do so. Membership rights extend to all members of the member’s family living in that household.
B. MEMBERSHIP LIMITATION
The official membership list will be maintained by the Secretary. Total membership shall be limited at any one time to one hundred thirty (130). Applications for membership above this limit will be kept on file by the Secretary. The membership limit may be changed by a two-thirds majority vote of the general membership. All individuals are entitled to become members without discrimination.
C. TERMINATION OF MEMBERSHIP
Membership can be terminated voluntarily or involuntarily (Termination for Cause) by the Board of Directors.
Voluntary Termination:
Members wishing to discontinue membership have the responsibility to arrange a sale/transfer of their membership. Jason Lee Homeowners Association has no obligation to purchase the membership, but may do so by action of the Board of Directors. Members may request in writing by email, or USPS mail to P. O. Box 1767, Richland, WA 99352 from the Board of Directors the sale of their membership back to the Jason Lee Homeowners Association for a price to be set by the Board of Directors.
Memberships may be transferred only on the records of the Corporation by the Secretary and only upon the payment of all dues and assessments then due and payable. Dues and assessments are to be paid for all periods including periods when the member makes no use of the facilities or is in the process of selling or attempting to sell a membership. However, no additional dues or assessments are to be added after the date members request that their memberships be sold back to the Jason Lee Homeowners Association. The Board should notify the member of its decision to offer or not offer in ten (10) days. Members have ten (10) days to accept or decline the offer, and will be responsible for any dues, assessments, and fees after that time. Members may accept the offer or continue trying to sell their memberships. However, if no offer is made or accepted in ten (10) days, members may still transfer their memberships back to Jason Lee Homeowners Association after paying outstanding dues and assessments.
Involuntary Termination:
Membership may be terminated for cause by action of the Board of Directors for failure to comply with the Bylaws or duly adopted policies, rules or regulations of Jason Lee Homeowners Association, Inc. or because of a demonstration of lack of good citizenship as it relates to the corporate purpose and activities when such is found to be fact by the Board of Directors at a hearing. The hearing shall be called seven (7) days prior with written notice to the owner of the membership proposed for termination. The notice shall specify the reason(s) for cause of termination. The Board of Directors will pass judgment within seven (7) days of the hearing and may elect to fine the member up to $100 in addition to any other dues, assessments, and damages. The membership will be required to be sold within ninety (90) days of the Boards written judgment, as filed with the Secretary. If the membership is not sold within the allotted time period or if such liabilities meet or exceed the market value of the membership, the membership reverts to Jason Lee Homeowners Association, Inc. for resale.
Membership shall be terminated upon sale and transfer of the membership on the books of the Secretary. Such termination shall not relieve any member of the obligation to pay any dues, assessments or other charges accrued and unpaid at the time of membership termination. The Board of Directors can utilize a collection agency to file and collect delinquent funds on behalf of Jason Lee Homeowners Association, Inc.
D. REINSTATEMENT
Upon written request signed by a former member and filed with the Secretary, the Board of Directors, by the affirmative vote of two-thirds of the Board of Directors, may reinstate such former member to active membership upon such terms as the Board of Directors may deem appropriate.
E. MEMBERS VOTING RIGHTS
Each membership shall be entitled to one (1) vote, which may be in person, or by proxy. Proxies must be in writing and filed with the Secretary at any meeting where they are voted. Proxies shall not be valid for a longer period than six (6) months.
F. MEMBERSHIP MEETINGS
Twenty-five percent (25%) of the membership, attending in person or by proxy, shall constitute a quorum. Meetings of the membership shall be conducted in accordance with Roberts Rules of Order unless the Rules are waived. Notice of meetings of the membership shall be given in writing a least (14) days before such meeting, addressed to each member’s address in the records of the Secretary, with the notice giving the time, date, place and purpose of the meeting, except that if emergency situations exist, a meeting may be called with notification two (2) days before such meeting. Notice by email constitutes written notice.
G. ANNUAL MEETING
The Board of Directors will call an annual meeting of the membership each fall after closing the pool.
H. SPECIAL MEETINGS OF MEMBERSHIP
Special meetings of the membership may be called by direction of the President, a majority of the Board of Directors, or upon written petition of twenty percent (20%) of the membership.
I. MEMBERSHIP RIGHTS
Members, families of members and guests of members shall have the right to use the recreation facilities of Jason Lee Homeowners Association, Inc. only so long as the member’s dues and assessments are not in arrears by more than thirty (30) days from the published due date each year, and all comply with the By-laws, Rules and Regulations of Jason Lee Homeowners Association, Inc. relating to the use of the facilities.
ARTICLE II. MANAGEMENT
A. OPERATING YEAR
The operating year of Jason Lee Homeowners Association, Inc. shall be from January 1 through December 31 of each year.
B. BOARD OF DIRECTORS
A Board of Directors consisting of five (5) members is the governing body of this corporation.
C. OFFICERS OF THE BOARD OF DIRECTORS
The officers consist of the President, Vice-President, Secretary, Treasurer, and General Manager
D. TERMS OF DIRECTORS
The term of directors will be two (2) years. Directors’ terms of office will start February 1 following the elections. A director may hold a different office each year.
E. ELECTIONS
At least two Directors will be elected each year. Additional Directors who have served their term or who were appointed by the Board during the year will also be elected/reelected. Members of the Board of Directors will be elected at the annual meeting of the membership. The President may appoint a nominating committee who will identify prospective Directors for each vacancy. Voting at such elections will be by written ballot or as otherwise agreed to at the meeting. Nominations may also be accepted from the floor prior to voting.
F. BOARD MEETINGS
An annual meeting of the Board of Directors will take place immediately following, or at a time set immediately following, the annual meeting for the membership. This meeting is to elect officers of the Board and to provide for the orderly transfer of records and responsibilities.
Meetings of the Board of Directors are conducted in accordance with Roberts Rules of Order, unless waived. Each Board member has one (1) vote. Proxies are not allowed. Three (3) Directors constitute a quorum.
Minutes of meetings of the Board of /directors shall be made public, either by hard copy or by e-mail to any member upon request.
G. REMOVAL OF DIRECTORS
Automatic Termination:
Any member of the Board of Directors being absent from three (3) consecutive meetings of the Board without excuse accepted by the Board, shall forfeit his/her membership on the Board of Directors. A member of the Board of Directors may be removed for cause after notice given to such member of a meeting being called for the purpose of considering his/her removal with written notice of the meeting given personally to the Director at least seven (7) days prior to the meeting, and specifying the asserted cause for removal.
Termination for Cause:
Any member of the Board of Directors may be removed for cause by a majority vote of Board of Directors or a two-thirds vote of the membership—the vote being held at a regular or special meeting of this corporation. Notice of this action shall be provided in writing to the subject Board member(s) at least seven (7) days prior to the meeting at which the removal action shall be taken.
H. COMPENSATION
No member of the Board of Directors shall receive any salary or other compensation for service on the Board, except that Directors shall be exempt from payment of dues and do not need to report their work hours during their term of office. If any Director should resign or be removed from their position, their fees and work hours for the remainder of the current year will be owed on a prorated basis, as determined by the Board of Directors.
No member of the Board of Directors shall engage in any business agreement or contract with the Club.
I. VACANCIES ON BOARD OF DIRECTORS
Vacancies occurring on the Board of Directors will be filled by appointment by the remaining Directors and such appointees shall serve the vacancies until the next annual meeting.
J. DUES, FEES, ASSESSMENTS, DAMAGES, AND FINES
The Board of Directors has the power to fix the amount of annual operating dues, fees, assessments, damages, and fines, to be paid by members. Dues, assessments and fines are payable on Opening Day. Fees are charged for tennis lessons, swim lessons, swim team membership, and other special activities not covered by annual dues. Memberships one year or more delinquent in payment of dues or other assessments are subject to involuntary termination per Article I, Section C, at the discretion of the Board of Directors.
Each membership is required to provide 8 hours of approved work service, report work service to coordinator, and monitor the pool 1 evening in the season (monitor does not count towards 8 hours of work service). Each hour of work service not completed or reported will incur a surcharge as determined by the Board of Directors. The surcharge will be payable with the following year’s dues.
ARTICLE III. DUTIES OF OFFICERS
A. PRESIDENT
The President of the Board of Directors supervises the activities of the corporation, executes all instruments in its behalf, presides at meetings of the Board of Directors and of the membership of the corporation, and performs such other duties usually inherent in this office.
B. VICE-PRESIDENT
The Vice-President hires and terminates lifeguards, swim instructors and tennis instructor(s). The Vice-President is responsible for creating employee schedules, monitoring and approving time cards for all employees.
The Vice-President of the Board of Directors acts for the President in the President’s absence, arranges, and performs such other acts as the President of the Board of Directors may request.
C. SECRETARY
The Secretary of the Board of Directors keeps all membership records, including applications for membership, membership transfers, and issuance of membership certificates. The Secretary also keeps records of the Board of Directors and of the corporation, gives notice of meetings, and performs such other acts as the President or Board of Directors may direct.
D. TREASURER
The Treasurer receives, disburses and is accountable for all funds belonging to the corporation when payment is authorized by the Board of Directors. He/she maintains bank accounts in depositories designated by the Board of Directors, and renders an annual financial report at the annual meeting. Additionally, the Treasurer distributes to the membership the annual budget as recommended by the Board prior to the annual membership meeting. All checks from bank accounts and withdrawals from savings accounts require two signatures. All Directors have signature authority. The Treasurer maintains current payroll information for all employees, who shall be provided W-2 statements by January 31 for the wages of the previous year.
E. GENERAL MANAGER
The General Manager directs the day-to-day operations of the corporation, including suggestions to the Board of Directors and follow through on any improvements to the pool, obtaining general membership approval if monetarily necessary (over $1000). Works with the Grounds Maintenance Officer to arrange for the maintenance and operation of the club facilities. As well as makes reports and recommendations to the Board of Directors as he/she considers necessary and as required by the Board of Directors or the President.
The General Manager’s responsibilities include recommending changes to the Rules and Regulations to the Board. Changes to the Rules and Regulations may be made at any time the Board finds it necessary to do so. Changes to the Rules and Regulations will be published to the membership at least two weeks before they are to take effect.
F. GROUNDS MAINTENANCE
The Grounds Maintenance Officer works with the General Manager to assess the condition of the pool, pump room and tennis court and property grounds. Coordinates necessary maintenance needed with members. The Grounds Maintenance Officer also coordinates the spring opening work party and the fall closing work party.
H. SWIM LESSONS OFFICER
The Swim Lessons Officer is responsible for scheduling four swim sessions throughout the summer, between the months of June-August. Ensuring payments have been received for each participant each session. Swim Lessons Officer is also responsible for maintaining and filing the Swim Lesson/Team liability from.
I. FUNDS
The annual budget is prepared by the Board of Directors and approved by the general membership at the annual meeting.
The Board of Directors has created a reserve fund, and a general fund of the corporation. These funds are administered by the Board of Directors as follows:
General Fund
This is to be initiated and maintained by the deposit of all basic membership dues, assessments, fines and any other source of corporate income. This fund shall be used for the payment of general operating expenses as identified in the annual budget. The general fund expenditures shall be managed corporately by the Board of Directors within the budget guidelines approved by the general membership at the annual meeting. However, any unbudgeted expenses less than $1,000 require a unanimous approval by the Board of Directors. Any expenditure in excess of $1,000 shall require approval of the general membership.
Reserve Fund
This fund is to be initiated by the transfer of funds from the general fund to a special reserve account to draw interest. Interest on this fund remains in the Reserve Fund. Additions to the fund will be at an annual rate and/or by the designation of a part of the annual dues as determined by the Board of Directors.
This fund is to provide for the repair/replacement of club facilities and equipment on an emergency or long term replacement basis. The Board may appoint a committee to evaluate future needs and estimate the funds that will be needed to meet those needs. This will assist in determining what part of the annual dues should be placed in the Reserve Fund and whether or not a special assessment is needed.
The funds shall be expended for any emergency expense approved by the Board of Directors up to $2,000.00. Emergency expenditures over this value require approval by 50% of the membership.
ARTICLE IV. COMMITTEES
The Board of Directors appoints an independent audit committee and such other standing committees as may be deemed necessary or as directed by vote of the membership. The term of such committees is at the pleasure of the Board of Directors. The Board of Directors may delegate to the committees such authority as may be required for the performance of their assigned function.
ARTICLE V. CERTIFICATES OF MEMBERSHIP
The Board of Directors provides for the issuance of certificates of membership in the corporation, in a form determined by the Board of Directors. Certificates are signed by the President or Vice-President and by the Secretary. All certificates evidencing membership shall be consecutively numbered. The name and address of the member and the date of issuance of the certificate are entered on the records of the corporation. If a certificate is lost, mutilated, or destroyed, a new certificate may be issued upon terms and conditions determined by the Board of Directors. When a membership is sold, the Treasurer verifies that there are no dues or fees owed by the selling member. All delinquent dues and fees, if any, must be paid in full before transfer of the membership can be made. The Treasurer will then provide the Secretary the required information about the new member for issuance to the new member of a new certificate signed by the Secretary and President.
ARTICLE VI. AMENDMENTS
The Bylaws may be amended by vote of the eligible membership at either a regular or special meeting with notice given as specified in Article I, Section F, where a quorum is present, by a majority vote. Copies of proposed Bylaws will be provided to the membership at least two weeks before the meeting at which they are to be considered for adoption.
THIS IS TO CERTIFY that the attached Bylaws of the Jason Lee Homeowners Association, Inc. were duly adopted at a meeting of the general membership of the corporation held on 24th day of October, 2020.
The most current JLSTC Rules and Regulations are incorporated herein by reference.