Bylaws
BYLAWS
OF
Corinth Hills Homeowners Association, Inc.
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The name of the corporation shall be: Corinth Hills Homeowners Association, Inc. (the “Association”).
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The purposes of the Association are to engage in projects that unite the property owners and residents of Corinth Hills subdivision by enhancing communication among neighbors, promote physical safety and protect property values, and generally serve the well-being and best interests of the association’s members. Such purposes are neighborhood and community enhancement purposes defined in accordance with (insert legal references and applicable laws.) Purposes include: (1) participating in the Gwinnett County C.O.P.S. program, (2) representing the interest of the Association in Community Improvement Districts (CID) such as the Highway 78 CID, (3) engaging in such other activities that are within the scope of (insert and legal entitlements of an association of our nature.) The Corporation shall have all those general powers specified in (insert legal references), including the power to do everything necessary, proper, advisable or convenient for the accomplishment of any of the purposes set forth herein, provided the same not be forbidden by the laws of the State of Georgia.
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OFFICES
3.1 Principal Office. The Association may have offices at such place or places as the Board of Directors may from time to time appoint, or the business of the Association may require or make desirable.
3.2
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MEMBE
4.1 Membership in the Corporation shall be amended to constitute two classes:
4.1.1 Full Membership is available to persons who own residential properties located within the boundaries of the Corinth Hills subdivision, and have paid current dues in the amount determined by the Board. Paid-current Full Memberships have full voting privileges (one vote per household) on all matters brought before the membership, and are eligible to serve as officers and/or members of the board of directors of the Association.
4.1.2 Associate Membership is available to persons who rent properties within the boundaries of the Corinth Hills subdivision. Associate members are entitled to participate in all functions of the Association except voting and holding official positions. Associate memberships do not have voting privileges, nor can they serve as officers or members of the board of directors of the Association.
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DIRECTORS
5.1 General Powers. Except as otherwise provided by the Articles of Incorporation, the business of the Association shall be managed by its Board of Directors. The Board of Directors shall have authority to engage such employees, consultants, contractors, etc., as it may deem necessary and proper to carry out the purposes of the Association as set forth in the Articles of Incorporation provided, however, that the Board of Directors and its designees shall abide by all fiduciary responsibilities under the laws of the State of Georgia. In addition to the powers and authority by these Bylaws expressly conferred upon it, the Board of Directors may exercise all such powers of the Association, and do all such lawful acts and things as are not prohibited by law, by the Articles of Incorporation, or by these Bylaws.
5.2 Initial and Regular Boards of Directors. The incumbent directors of the Association include Frances D. Smith (president), James L. Kwater (first Vice-President), Martin Weingarten (Second Vice-President), Jane Wright (Secretary), and Rene Robbins-Grevious (Treasurer). The terms of office for succeeding directors/officers, as duly elected by a majority of the membership at the 2006 annual meeting of the Association, will commence concurrent with the effective implementation of these by-laws.
5.3 Number, Election and Term of Office. The Board of Directors shall be
5.4 Vacancies. If any vacancy shall occur among the Directors by reason of death, resignation, incapacity to serve, increase in the number of Directors, or otherwise, the remaining Directors shall continue to act, and such vacancy shall be filled by the affirmative vote of a majority of the remaining Directors.
5.5 Compensation. Directors shall not be compensated for serving in the capacity of Director, but may be reimbursed for their out-of-pocket expenses incurred in carrying out the business and affairs of the Association. The immediately preceding sentence shall not be construed to preclude any Director from serving the Association in any other capacity and receiving reasonable compensation therefore as approved by the Board of Directors.
5.6 Conflict of Interest. No Director shall participate in any decision involving any firm, organization, or institution with which such Director has any direct or indirect relationship.
ARTICLE VI
MEETINGS OF THE BOARD OF DIRECTORS
6.1
6.2 Special Meetings and Notice. Special meetings of the Board of Directors may be held at any time upon call of the Chair of the Board or the written request of at least three (3) members of the Board of Directors on not less than forty-eight (48) hours notice by mail, electronic mail, or facsimile to each Director. Any such special meeting shall be held at such time and place as shall be stated in the notice of meeting.
6.3 Annual Meeting. An annual meeting of the Board of Directors shall be held in the fourth quarter of each year at such time and place as may be designated by the Chair of the Board. Written notice of the time and place of such annual meeting shall be sent to all members of the Board of Directors at least two (2) weeks in advance of such annual meeting. The election of officers, final reports and any matters of business to be
6.4 Statement of Purpose of Special Meeting. A notice of a special meeting of the Board of Directors must state the general purposes thereof. Notice of any other meeting need not state the purpose thereof.
6.5 Waiver of Notice. Any member of the Board of Directors may waive the receipt of notice of a meeting by written waiver whether executed before or after the time stated for the meeting. Attendance by any member of the Board of Directors at a meeting shall constitute a waiver of notice of such meeting except when a Director attends a meeting and expressly objects to the transaction of any business because the meeting was not lawfully called.
6.6 Quorum and Vote
6.7 Action by Directors Without a Meeting. Any action required or permitted to be taken at any meeting of the Board of Directors or of any
6.8 Participation in Meetings Other Than in Person. Directors may participate in a meeting of the Board of Directors by any means of
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COMMITTEES
7.1 Executive Committee All members of the Board of Directors shall serve on the executive committee.
7.2 Other Committees The Board of Directors, by resolution adopted by a majority of the entire Board, may designate one or more additional committees. Each such committee shall consist of at least two Directors of the Association, shall be established by name, shall have, and may exercise, such powers of the Board of Directors in the management of the business and affairs of the Association.
7.3 Removal, Vacancies, Dissolution The Board of Directors shall have power at any time to remove any member of any
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OFFICE
8.1 Number and Term The officers of the Association shall be elected by the general membership at its regular annual meeting. The officers of the Association shall be a President, a First Vice-President, a Second Vice-President, a Secretary, and a Treasurer. Election of each officer by the membership shall constitute membership on the Board of Directors. There may be, in addition, such additional and/or assistant officers as may be appointed from time to time by resolution of the Board of Directors. Two or more offices may be held by the same person. Each officer shall serve for a period of one year, or until his successor is duly elected.
8.2 President The President shall be the chief executive officer and chief operating officer of the Association. The President shall preside at all meetings of the Board of Directors and shall be an ex-officio member of all standing committees and shall preside at meetings of such committees unless the Board of Directors, in constituting such committees, shall designate or elect some other person to be the chair thereof. The President shall execute such documents as may require the Association’s official signature, and shall have the responsibility for the general supervision of the affairs of the Association. The President shall also have such other duties as the Board of Directors shall designate.
8.3 First Vice-President In the absence of the President, the First Vice-President shall serve as chief executive officer of the Association. The First Vice-President shall, in the absence of the President, preside at all meetings of the Board of Directors and discharge the duties of a presiding officer, and shall perform whatever other duties the Board of Directors may from time to time prescribe.
8.4 Second Vice-President The Second Vice-Chair shall, in the absence of the President and the First Vice-President, preside at all meetings of the Board of Directors and discharge the duties of a presiding officer, and shall perform whatever other duties the Board of Directors may from time to time prescribe.
8.5 Secretary The Secretary shall keep a fair record of the proceedings of the Board of Directors and of the Executive Committee, and be the custodian of the books, records, papers and minutes of the meetings of the Board of Directors, Executive Committee, the general membership, and also of such documents as may be committed to the Secretary. The Secretary shall see that all notices are duly given in accordance with law and these Bylaws, and that all reports, statements and other documents required by law are properly executed, kept and filed.
8.6 Treasurer The Treasurer shall be the chief financial and accounting officer of the Association shall have the control and responsibility over all funds, securities and other property of the Association, and shall deposit all funds belonging to the Association under the Treasurer’s control, and responsibility in such banks, or trust companies, as from time to time may be designated by the Board of Directors. Said funds may be withdrawn only in accordance with resolutions which may be adopted from time to time by the Board of Directors. The Treasurer shall cause correct and adequate records to be kept of all financial affairs of the Association. The Treasurer shall cause to be prepared and published on a timely basis an annual report of the financial position and of all income and disbursements of the Association, a copy of which report shall be given to each Director.
8.7 Other Duties Each officer shall perform such other duties as from time to time may be delegated by the Board of Directors, the Executive Committee or the President.
8.8 Compensation Members of the Board of Directors or officers of the Association shall receive no compensation from the Association. Said persons serve strictly on a volunteer basis. .
8.9 Election of Replacement In the case of the death, resignation, removal, or permanent disability of any officer, a new officer shall be elected by a majority of the Board of Directors, and shall serve the remaining term of the position being succeeded.
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REMOVAL AND RESIGNATION
9.1
9.2
9.3 Resignation Any Director or officer of the Association may at any time, resign such position by giving, in writing, notice of resignation to the Secretary of the Association. Such resignation shall take effect at the time it specifies or, if no time is specified, at the time of receipt by the Secretary. No action by the Board of Directors shall be necessary to cause a resignation to be effective.
ARTICLE X
EXPENDITU
10.1 Loans. To the extent permitted by law, and in accordance with the resolutions adopted from time to time by the Board of Directors, the Association may effect loans and advances at any time from any bank, trust company or other financial institution, or from any firm, corporation or individual, and for such loans or advances that may be made, execute and deliver promissory notes, or other obligations of the Association, and may pledge, hypothecate or transfer any securities or other property of the Association as security for any such loans or advances.
10.2 Expenditures In addition to such items already approved in the Association’s annual budget, the Director(s), officer(s), or employee(s) of the Association may be authorized to expend funds of the Corporation in excess of the annual budget in accordance with resolutions adopted from time to time by the Board of Directors.
ARTICLE XI
INDEMNIFICATION OF DIRECTORS, OFFICE
11.1 Purpose This Article is intended to provide the broadest indemnification to the Association’s Directors, officers, employees and agents authorized and permitted by the
11.2
11.3 Determination of
11.4 Advance of Expenses. Expenses incurred with respect to the defense of any claim, action, suit or proceeding of the character described in Section 2 of this Article XI may be advanced by the Association prior to the final disposition thereof upon receipt of (a) a written affirmation of the recipient’s good faith belief that he or she has met the standard of conduct described in Section 2 of this Article XI and (b) a written undertaking by or on behalf of the recipient to repay such amount if it shall ultimately be determined that he or she is not entitled to indemnification under this Article.
11.5
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AMENDMENTS
The Bylaws may be amended, altered or repealed, in whole or in part by the affirmative vote of a two-thirds (2/3) majority of the then members of the Board of Directors at any annual meeting of the Board of Directors, or at any special meeting of the Board of Directors called for such purpose.
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FISCAL YEA
The fiscal year of the Corporation shall commence on January 1 and end on December 31 of each year.
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DISSOLUTION
In case the Association shall be dissolved, all assets, funds and proceeds of the Association, after the payment of all debts, obligations, charges and accounts of the Association, shall be distributed equally to the then paid-current Full Membership. Assets held by the Association upon condition requiring return, transfer, or conveyance to a particular person or entity upon the Association’s dissolution shall be returned, transferred, or conveyed in accordance with such requirements.
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MISCELLANEOUS
15.1 Acceptance of Consideration The Director(s) or any officer(s) or agent(s) of the Association to whom such authority may be delegated by the Board of Directors, may accept on behalf of the Association any contribution, gift, grant, donation or bequest for general purposes or for any special or restricted purposes not inconsistent with the purposes within the exempt purposes of the Association.
15.2 Books and Records The Association shall keep correct and complete books and records of its accounts, minutes of meetings of the Board of Directors and its committees, and all valuable papers and documents of the Association at its principal office. Books and records of the Association may be inspected by any Director, for any proper purpose at any reasonable time in the office where maintained; provided, however, the Board of Directors shall determine which books and records, if any, shall not be open for inspection by the Directors.
15.3 Seal The Corporate Seal shall be in such form as the Board of Directors may from time to time determine. An impression of the initial seal is affixed to this page of the Bylaws.
I hereby certify that the foregoing Bylaws were duly adopted by the Board of Directors of Corinth Hills Estates subdivision on this _____ day of _______________.
(Name), (Title)
[Corporate Seal]
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