Bylaws for Harbor View Association, Incorporated

 

Amendment Date: July 26, 2014

 

Article I:  General

 

Section 1

The name of the corporation shall be The Harbor View Association, Incorporated (the “Association”).

 

Section 2

Purpose:  The Association is organized for the purpose of owning property, real and personal, and maintaining the beaches owned by the Association in the Town of Clinton in the County of Middlesex and State of Connecticut for the benefit of its members.

 

Article II:  Membership

 

Section 1

The membership of Harbor View Association shall be made up of those persons owning property on Uncas Road, Kelsey Road, Merrill Road, South Parkway, Hammock Parkway, Center Street, East Road, West Road, Beach Park (between Shore Grove Road) and Shore Grove Road in the Town of Clinton.

 

Section 2

Voting privileges – All owners of any interest in any parcel(s) or lot(s) of real estate, their spouses or designees, shall be considered as one single owner for the purpose of determining the presence of a quorum and voting and shall be entitled collectively to cast one (1) undivided vote if the Member is otherwise in good standing.

Members “in good standing” are those who have paid their dues as established by the Board of Directors and any special assessments which have become due prior to that time.  A Member must be in good standing in order to have voting privileges at the Annual Meeting or any other meetings of the Association or to hold an office of the Association.

 

Section 3

The Association shall maintain a list of members of all owners of property in the Association area as set forth in Section 1 above. In the event of the sale or transfer of property to another owner, the new owner shall notify the Association in writing regarding the new ownership along with other information necessary to conduct Association business.

 

Article III: Dues

 

Section 1 

The amount of annual dues shall be established by the Board of Directors and approved at the Annual Meeting of the Members.

 

Section 2

 Written notice of the dues amount shall be sent by the treasurer to each Member and said dues are payable by the first of July.

 

Article IV: Board of Directors

 

Section 1

The Board of Directors shall consist of nine (9) Members in good standing, plus the Association officers. Three (3) directors shall be elected by the Members at each annual meeting to serve a three-year term.

 

Section 2

Quorum – At all Board of Directors meetings, the presence of seven (7) members shall constitute a quorum. A vote of the majority present and voting shall be valid and binding.

 

Section 3

Vacancies – In the case of any vacancy the President shall appoint, subject to the approval of the Board, a person to fill the vacated position until the next Annual Meeting, at which time the Members shall elect a Director to complete the unexpired part of the vacated Director’s term.

 

Section 4

Membership – Only Members in good standing are eligible to be elected to the Board of Directors.  Board members who miss three (3) or more consecutive Board meetings, unless such absences are excused by the Board, may be removed from the Board by a two-thirds (2/3) vote of the Directors provided such action is identified on the agenda for the meeting at which it is taken.

 

Section 5

Powers – In addition to those powers otherwise granted by statute, the Board of Directors shall carry out the purposes of the Association as set forth in the Articles of Association and shall, without limiting the foregoing, have the following powers on behalf of the Association:

  • To oversee and assist in the enforcement of the rules and regulations or bylaws of the Association, or any law, within the limits of the Association.

  • To  supervise, control and provide for the safe and orderly use of beaches and waterfronts and Association property.

  • To acquire, hold, manage, control and dispose of property, real and personal, especially beach areas and private roadways, for   the mutual benefit of the Members (as approved by Members).

  • To contract for expenditures of money not to exceed $2500 in any fiscal year, if said sum is not provided for in the budget unless the same is specifically authorized by a vote of the Association.

  • To establish and amend such rules and procedures as may be reasonably  necessary to carry out the purposes of the Association.

 

Article V: Officers

 

Section 1

The Officers of the Association shall be President, Vice President, Secretary, Treasurer and Member Liaison.  The officers shall be elected by the Members at the annual meeting of the Members.

 

Section 2

Qualification: Each Member of the Association in good standing shall be eligible to hold any office therein.

 

Section 3

Term:  The term of all officers shall be for two (2) years, or until the next annual meeting of the Members. Re-election for consecutive terms shall be allowed provided such officer qualifies under the provisions of the bylaws.

 

Article VI: Powers and Duties of Officers

 

Section 1

The President – The President shall preside at all meetings of the Board of Directors and general meetings of the Association. The President shall fill all vacancies in the Board or in any Association office after the annual meeting, with the consent of the Board. The President shall have the power of supervision and management and be an ex officio member of all committees with voice and vote.

 

Section 2

Vice President – The Vice President shall perform the duties of the President in the event of absence or disability of the President. The Vice President shall have other powers and duties as may be assigned by the President or the Board. The Vice President shall oversee the activities of the Treasurer

 

Section 3

Treasurer – The Treasurer shall be the custodian of all the Association’s funds and securities and shall be responsible for receipts and disbursements.

The Treasurer shall keep the Association’s accounts; shall receive all income; shall endorse, on behalf of the Association, for collection, checks, notes and other obligations and shall deposit the same to the credit of the Association, as well as all funds of the Association, in such depositories as the Board may designate.

The Treasurer is empowered with the approval of the Board by a majority of those present at a meeting called for that purpose, to sign any instruments or do any acts necessary or suitable for the depositing, re-depositing, or change of character of any funds or securities of the Association, by assignment or transfer or otherwise at any time during the interval between annual meetings of the Board

The Treasurer shall be empowered to disburse the Association funds in such manner and for such purposes as the business of the Association requires including payment of taxes. The Treasurer shall provide full and accurate accounts of receipts and expenditures in the Association books and shall maintain appropriate records.

The Treasurer shall make a complete Annual Report of the Association’s financial status and have available all related records. The Treasurer will publish a financial annual report in the spring Harbor View dues letter.

 

Section 4

Secretary – The Secretary shall give notice of all meetings to members of the Association and Board of Directors. The Secretary shall attend all meetings, record all votes and minutes in a system maintained for that purpose and conduct all official correspondence for the Association. The Secretary shall keep other records and perform other duties as assigned by the President or Board.

 

Section 5

Member Liaison – The Member Liaison shall maintain records regarding the ownership of parcels of real estate in the Harbor View Association region. The Member liaison shall work with the Secretary and Treasurer to provide the necessary information for dues billing and communications. The Member Liaison shall also be responsible for contacting and welcoming new members with the following:

  • A welcome to Harbor View letter

  • A copy of the “History of the Association”

  • A list of current members by geography

  • A list of members “in good standing”

  • Association Bylaws

 

Article VII: Committees

 

Committees shall be formed for purposes identified by the Board of Directors. Such committees need not be standing committees unless so proposed by the Board and approved by the general membership at the Annual Meeting.

 

Article VIII: Meetings

 

Parliamentary Authority:  Robert’s Rules of Order shall be the parliamentary authority for all matters of procedure.

 

Section 1

Annual Meeting of Members: The Annual Meeting of the Members of the Association for the purpose of electing officers, at least three (3) members of the Board of Directors, to set the dues, approve the annual budget, shall be held in June (unless otherwise stated in the meeting notice) in each year at such time and place in the Town of Clinton as shall be determined by the Board of Directors. Notice of the meeting shall be mailed to the last known address of each Member at least ten (10) days prior and shall be posted at the east end of Uncas and Merrill Roads.

 

Section 2

Meetings of the Members: Meetings of the Association Members may be called at any time by the President, any three (3) Directors or upon written request made to the President or Secretary by not fewer than ten (10) Members in good standing of the Association. Notice of all meetings shall be posted on the HVA web site as well as the association bulletin board a minimum of 10 days in advance  and must be listed in the Spring letter if known at that time.

 

Section 3

Meetings of the Board of Directors: Meetings of the Board shall be held at such times and places as called by either the President or by request of one-third of the Board. Minutes of all BOD meetings shall be posted on the association website

 

Section 4

Quorum: At all Harbor View membership meetings, ten (10) or more Members present, in good standing, shall constitute a quorum. Quorum at meetings to vote on Special Expenditures and changes to the Harbor View Association by-laws  requires fifty (50) or more Members present and in good standing shall constitute a quorum. Bylaw changes may be voted on by ballot via mail, email and/or website in place of a special meeting providing that a minimum of 50 members vote on said proposed changes. Same rules of notification in section 2 apply.

 

Section 5

Order of Business at Annual Meetings:

  • Roll call of the Board

  • Determination of a quorum

  • Approval of minutes from previous meeting

  • President’s report

  • Treasurer’s report

  • Secretary’s report

  • Committee reports

  • Election of Directors and Officers at the Annual Meeting

  • Old Business

  • New business and items in the meeting notice

  • Adjourn

 

Section 6

Voting:  Except where otherwise required by these bylaws or relevant law, the affirmative vote of a majority of the Members represented at any duly called Members’ meeting at which a quorum is present shall be binding on the Members. 

 

Article IX:  Indemnification

 

The Association shall indemnify to the full extent authorized or permitted by the laws of the State of Connecticut any person who was or is a party, or is threatened to be made a party, to any threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrative or investigative (other than an action by or in the name of the Association), by reason of the fact that he or she is or was a representative, officer or director of the Association or is or was serving at the request of the Association as a representative of another corporation, partnership, joint venture, trust or other enterprise. This indemnification is not exclusive of any other rights to which such person may be entitled under any agreement, vote of the disinterested directors, the Association's Articles of Association or otherwise.

 

Article X: Amendments

 

Section 1

Any of these bylaws may be repealed or amended at any meeting of the Members by a majority vote of the Members present, provided a quorum of fifty (50) Members shall be present at such meeting.

 

Section 2

Proposed amendments to the bylaws shall be presented at the annual, regular or special meeting of the Association in the form of a motion and, upon acceptance by a majority of the Members in good standing present. Quorum to amend or change the by laws is 50 members in good standing. These by law changes may be acted upon at any subsequent meeting, provided the notice of such subsequent meeting includes a description of the proposed amendments.  Bylaw changes may be voted on by ballot via mail, email and/or website in place of a special meeting providing that a minimum of 50 members vote on said proposed changes. Same rules of notification in section 2 apply.

 

 

Article XI: Rules and Regulations

 

 

  • Beaches are Private Property for use by Harborview Association property owners, residents and guests only.

  • NO LIFEGUARD ON DUTY – Enter /Swim at own risk.

  • Quiet hours: Sunset to 9:00 AM.

  • No games or activities are allowed that interfere with sunbathers, swimmers or others using the beaches.

  • No ball games or nets allowed except as approved by HVA BOD.

  • Hard balls or regulation footballs are not allowed at any time.

  • Glass containers are not allowed.

  • No Fires or Fireworks allowed. Police take notice.

  • Skateboarding or roller blading are not permitted on HVA property.

  • Respect adjoining neighbors private property.

  • Obey No Parking Zones.

  • Dogs on leash are allowed at boat launch area only for access to harbor.

  • Boats, Kayak’s, etc. allowed in boat launch or center beach only. 

      (No overnight storage)

  • Watercraft are not allowed in swimming areas at any time.

  • Please remove all trash and leave our beautiful beaches clean.

  • No climbing is allowed on rock jettys.

 

 

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