BY-LAWS OF
SUN RAY HOMES PROPERTY OWNERS ASSOCIATION, INCORPORATED
I. NAME
This Association is chartered by the State of Florida under the name "Sun Ray Homes Property Owners Association, Incorporated." The Association is registered as a "not-for-profit" corporation by the State of Florida under that name. However, for the purpose of these By-Laws and in the conduct of business, the Association shall be known as "Sun Ray Homes Association" (hereinafter "Association" or "Corporation").
II. PURPOSE
The purpose of this Corporation is to promote fellowship, recreation, and conduct business on behalf of its membership to lease, purchase, accept gifts, assign, mortgage, or otherwise dispose of property real and personal, tangible and intangible. This shall be a not-for-profit corporation as defined by the laws of the State of Florida.
III. MEMBERSHIP
(1) Membership shall include adult persons (18 and older) owning property or residing in the Sun Ray community who have paid their current dues. Membership includes the right to vote at business meetings and to be elected to office. "Guest Memberships" may be issued to those living outside the Sun Ray Homes boundaries, but such memberships shall not include the right to vote or to hold office.
(2) Annual membership dues per household shall be set as recommended by the Board of Directors and approved by the Association membership. The amount charged for dues may be changed by the membership through a motion submitted at a regularly scheduled business meeting and approved by the membership at a following regularly scheduled business meeting.
(3) This Corporation shall not practice any form of discrimination. However, it shall have the right to remove any person from its membership as a result of conduct detrimental to the Corporation. Any person subject to removal is entitled to a hearing before the Board of Directors and the general membership before such action is taken. The decision for removal shall be made by majority vote of the membership at a regularly scheduled business meeting. Officers and/or Directors may be removed from office only for just cause and after a public hearing before the general membership.
IV. TERM OF EXISTENCE
The term of existence of this Corporation shall be perpetual or until it shall be legally dissolved.
V. OFFICERS AND BOARD OF DIRECTORS
(1) Officers shall consist of President, Vice President, Secretary, and Treasurer.
(2) The Board of Directors shall consist of the following:
a. Beautification Director
b. Building Director
c. Communications Director
d. Finance Director
e. Grounds Director
VI. ELECTION AND TERMS OF OFFICE
(1) Nominations for expiring terms of officers and directors shall be made at the November membership meeting of the Association with the election to be held at the December membership meeting of the Association. The term of office is for two years, with the right to serve for two consecutive terms. The terms of office shall come due as follows:
President and Vice President - Odd numbered years
Secretary and Treasurer - Even numbered years
Beautification Director and Communications Director - Odd numbered years
Building Director, Finance Director and Grounds Director - Even numbered years
(2) Before any candidate shall be nominated, advance permission must be obtained from such potential candidate before submitting his or her name for nomination and receive confirmation that the candidate will serve if elected.
(3) If an officer or director resigns or departs before his or her term expires, the rest of that term of office shall be known as an "unexpired" term. Any replacement person elected to that position shall complete the rest of the "unexpired" term with the right of such person to seek two additional full terms of office in his or her own right.
(4) If the nominating committee cannot find a candidate to nominate for a particular office, they may submit their slate of officers with that position remaining vacant. The incumbent of that office may then volunteer to serve, unelected, until the next membership meeting in which he or she is then eligible to be elected to that "unexpired" term with the right to seek two additional full terms of office in his or her own right.
(5) Election of an officer or director may be made by voice vote if there is no competing candidate for the office under consideration. However, if there are competing candidates, the vote shall be conducted by secret ballot. No two members of the same household may hold office at the same time. If a second member in a household decides to accept a nomination for an office in the Association, the first member must submit a conditional letter of resignation which shall be effective upon the election of that individual and assumption of duties of such office.
VII. DUTIES OF OFFICERS AND DIRECTORS
(1) The President shall preside at all regular and special meetings. The President shall preserve order and conduct all meetings in conformity with the By-Laws and shall follow Robert’s Rules of Order. The President may appoint committees and other appointments and perform other duties consistent with such office. All committees shall be composed of members of the Association.
(a) Nominating Committee. The President shall appoint a nominating committee in October, consisting of two or more members who are in good standing, to prepare a slate of offices for the coming year. The nominating committee shall make their recommendations in the November business meeting and election shall be conducted in the December meeting.
(b) Audit Committee. The President shall appoint an audit committee at the November meeting, consisting of two or more members who are in good standing, to audit the financial books and accounts of the Association. The Audit Committee shall conduct the audit by December 14th and submit a written report to the December business meeting.
(c) Other Committees. The President shall appoint or reappoint the Chairpersons of the Safety Committee, the Welcome Committee and the Membership Committee each year.
(2) The Vice President shall assist the President in any areas of responsibilities delegated by the President and, in the absence of that officer, shall perform all the duties of that office. If the office of the President becomes vacant, the Vice President shall become President for the remainder of the term of office. A new Vice President shall be elected at the following meeting to fill the unexpired term.
(3) The Secretary shall keep a true and accurate account of the proceedings of every meeting. The Secretary shall read the minutes as requested at the appropriate meetings. The minutes shall be available for review by any member requesting such a review. If the Secretary cannot attend a meeting, he or she shall send the book of minutes in time for said meeting. At the end of his or her term of office, the Secretary shall deliver all records pertaining to such office to the newly elected officer. The Secretary shall attend to the Association’s correspondence. The Secretary shall keep a current record of membership and conduct other business associated with that office. The Secretary shall preside at the Board of Directors meetings and Business meetings in the absence of the President and Vice President.
(4) The Treasurer shall deposit all funds received and shall make payments of all bills outstanding in a timely manner. The Treasurer shall keep an accurate record of all income and expenditures and shall make a report of such at each business meeting. The Treasurer shall work with the Financial Director in preparing the annual budget. The Treasurer shall prepare and submit all books and records to the Audit Committee each year for review and audit. The Treasurer shall turn over all books and records to his or her replacement at the end of the scheduled term of office. The Treasurer shall work with the Secretary to keep an accurate and current record of the paid membership of the Association.
(5) The Communications Director shall be in charge of writing, publishing, and distributing the Association’s Newsletter. The Communications Director will arrange for appropriate advertisement of programs, events, and special functions sponsored by the Association as requested.
(6) The Finance Director shall draft and submit to the Board of Directors a "proposed" balanced budget in November for the next year. The Board of Directors shall review the proposed budget and, after modifications, shall present the "recommended" budget to the membership at its November business meeting. In the December membership meeting, the members shall vote to approve the budget, and it shall become the "approved" operating budget for the new year. The Finance Director shall continually monitor the income and expenditures of the Association to assure that they approximate the operating budget. The Association is expected to operate within the approved balanced budget, with authority being given to shift funds from one line item to another. If a Director exceeds the allotted funds under the budget, he or she may request additional funds from the Board of Directors. If the Board of Directors can find surplus funds under another area of the budget, the Board may shift funds from one area of the budget to the other. But if the Board cannot find surplus funds elsewhere and encounters deficit spending, the Board, at a business meeting, shall request authorization to transfer funds from the Association’s reserve funds.
(7) The Beautification Director shall sponsor and organize programs and events which will contribute to the beautification of our community. These may include such events as the Great American Cleanup, Adopt a Block, Christmas Lighting Contest, etc. The Director may elect to report zoning violations to County officials in Bartow. The Beautification Director is responsible for the upkeep of our entrances and the Association’s neighborhood projects such as benches, trash barrels, and palm trees. The Beautification Director shall work closely with the Grounds Director and the Building Director to assure the Clubhouse property sets high beautification standards in the community.
(8) The Grounds Director shall be in charge of the maintenance and upkeep of the Clubhouse lawn, sprinkling system, shuffleboard court, fencing, and sidewalks on the property. The Grounds Director is responsible for contracting for the grass mowing service in compliance with the contract approved by the Board of Directors. The Grounds Director shall report to the Board of Directors any concerns or hazardous conditions which could become grounds for litigation against the Association or its Directors.
(9) The Building Director shall be responsible for the maintenance and upkeep of the Association’s Clubhouse. This includes the ordering of supplies, repairs, pest control inspections, Fire Marshall inspections, key control, rental of the Clubhouse, etc. The Building Director has the authority to rent the Clubhouse in compliance with the Clubhouse Rental Contract approved by the Board of Directors. The Building Director is responsible for contracting for cleaning services under the cleaning service contract approved by the Board of Directors. The Building Director shall report to the Board of Directors any concerns or hazards which jeopardize the safety of those using the Clubhouse. The Director shall submit appropriate input to the Finance Director to help draft a proposed budget.
VIII. MEETINGS
(1) Board of Directors Meetings. Meetings shall be held as regularly scheduled unless posted and approved in advance by the Board of Directors and the membership. The Board of Directors shall meet at 7 p.m. on the first Thursday of each month October through April. Special meetings may be called by the President by notification to the Officers and Directors.
(2) Business Meetings. The regular business meeting shall be held at 7 p.m. on the third Thursday of each month October through April. The annual meeting for the purpose of election of officers shall be at 7 p.m. on the third Thursday of December. Special meetings may be called by the Board of Directors in any month when there are no scheduled Association meetings by notification of as many members as possible.
(3) The Board of Directors shall plan, review, and draft recommendations for consideration by the membership consistent with the By-Laws of the Association and the laws of the State of Florida. The Board must make its recommendations known at a regular meeting of the Association where all members present shall have an opportunity to vote for or against the Board’s decision. All suggestions, complaints or criticisms directed to the Association or any of its members shall be presented in writing to the Board of Directors for consideration at the next regular meeting of the Board of Directors. If anyone other than an Officer or Director requests permission to speak at a Board of Director’s meeting, he or she shall be heard first on the agenda. The President of the Board may call for a "closed session" of the Board at his or her discretion.
IX. QUORUMS
(1) Board of Directors Meeting. A quorum of five of the nine voting members of the Board of Directors is required to conduct Board business requiring a vote, but the Board of Directors can meet and discuss matters of concern without a quorum present.
(2) Business Meetings. A quorum of 25 members is required to be present at business meetings of the Association for any business requiring a vote. However, the receiving of reports, discussion of items of business, and announcement of events can be conducted without a quorum present.
X. DUTIES OF THE CHAIRPERSONS OF STANDING COMMITTEES
(1) The Safety Committee Chairperson shall be appointed by the President annually and serves at the pleasure of the President. The Safety Committee Chairperson is invited to attend all Board meetings. However, as an "appointed" person rather than an "elected" person, the Safety Committee Chairperson shall have no vote at the Board meetings. The Safety Committee Chairperson is responsible for such areas of concern as the Neighborhood Watch Program, 55 Alive program, the CAT program, recruitment of block captains, education and training on safety issues, and other areas deemed important to the safety of our community.
(2) The Welcome Committee Chairperson shall be appointed by the President annually and serves at the pleasure of the President. The Welcome Committee Chairperson is invited to attend all Board meetings. However, as an "appointed" person rather than an "elected" person, the Welcome Committee Chairperson shall have no vote at the Board meetings. The Welcome Committee Chairperson is responsible for visiting and welcoming the new residents to our community, providing them with a welcome packet with appropriate information about our Association and community, and reporting these names to the Association for any additional contact or followup visits.
(3) The Membership Committee Chairperson shall be appointed by the President annually and serves at the pleasure of the President. The Membership Committee Chairperson is invited to attend all Board meetings. However, as an "appointed" person rather than an "elected" person, the Membership Committee Chairperson shall have no vote at the Board meetings. The Membership Committee Chairperson shall work closely with the Secretary and/or Treasurer in soliciting memberships in the community and keeping an accurate list of names and monies received.
XI. BINGO
When Bingo is held, it shall be conducted by the Association in compliance with the State of Florida Bingo ordinance 849.0931.
XII. CLUBHOUSE
(1) The use of the Clubhouse and recreational area, such as shuffle boards or any other additions, should be for use by Association members and guests visiting their homes.
(2) The Clubhouse may be used for monthly suppers, business meetings and other Board approved functions. Association sponsored activities, such as coffee hour, cards, art class, bingo, annual picnic, and other social events, may be open to the public or limited to members and/or residents of Sun Ray Homes.
XIII. AMENDMENTS TO BY-LAWS
Action to amend the By-Laws may be proposed in writing by any member of the Association. It is recommended that all proposed By Law amendments to submitted first to the Board of Directors for their consideration and recommendation. The proposed amendment may then be introduced at a at a regularly scheduled Association business meeting for discussion. It shall be voted upon at the following monthly Association meeting and be considered enacted by favorable vote of 3/4 of the active membership present.