Approved by the
voters of the General Membership Meeting on November 14, 2000
Article I: Name
This association is incorporated under the
laws of the state of
Article II:
Definition and Purpose
The Maplewood
Homeowners Association is an organization of the owners of land in the
subdivisions of
Article
Section
One: Eligibility Membership is restricted to owners of land
included in the subdivisions of
Section
Two: Fees and Dues Fees to cover the cost of trash service,
street lighting and general operation of the association are to be assessed
monthly. Dues are to be determined by the general membership.
Article IV:
Officers
Section One: Number
The officers of the association shall be a President, a Vice-President,
a Secretary, and a Treasurer.
Section Two: President The President will be the principal
executive officer of the association and will supervise and direct all business
and affairs of the association. The President will:
a. Open the meeting
at the appointed time by taking the chair and calling the meeting to order
b. Announce in proper sequences the business
that comes before the members
c. Recognize members who are entitled to the
floor
d. State and put to vote all motions that arise
in the course of the proceedings and announce the result of each vote
e.
Respond
to inquiries of members relating the parliamentary procedure or factual
information bearing on the business of the meeting
f.
Declare
the meeting adjourned when the assembly so votes
g.
Appoint
committees, standing or special, as the membership or the Board deems necessary
to carry on the work of the association
Section
Three: Vice-President In
the absence of the President or his/her inability or refusal to act, the
Vice-President will perform the duties of the President. In the event of
disqualification of the President, the Vice-President will assume all duties
and responsibilities of the President.
Section
Four: Secretary
The Secretary will:
a . Keep a record of all the proceedings of the
association (minutes)
b. Keep on file all committee reports
c. Keep the association’s official membership
roll
d. Make the minutes and records available to
members upon request
e. Notify officers, members-at-large, and
committee members of their election or appointment; furnish committees with
whatever documents required for the performance of their duties; and have on
hand at each meeting a list of all existing committees and their members
f. Maintain a record book, or record books, in
which the bylaws and minutes are entered, with any amendments to these
documents properly recorded, and have the current record book(s) on hand at
each meeting
g. Send out to the membership (or see that it
is sent out) a notice of each meeting, known as the call of the meeting, and
conduct the general correspondence of the association
h. Prior to each meeting, prepare an order of
business for the use of the presiding officer, showing, in their exact order,
under each heading, all matters known in advance that are due to come up
i. Call the meeting to order in the absence
of the President and Vice-President
j. File the annual state incorporation papers
(due by August 31)
k. Be responsible for keeping a record of
attendance by name and address for all meetings
l. Serve as the Publication Director and make
available information to the general membership in a timely manner
m. Be responsible for announcing and receiving
all contract bids affecting the Maplewood
Homeowners Association
n. Read into the November minutes, the auditor
report
Section
Five: Treasurer
The Treasurer will:
a.
Charge and custody of all funds of the
association and will be accountable to the Board of Directors
b. Ensure
all disbursements to be signed and co0signed by the President and Treasurer
unless the President is unavailable, then each officer in succession can sign.
c. Ensure proper tax forms (if any) will be
filed in a timely manner
d. Ensure that the account will be audited prior to the election of officers in the month of October by an outside source
e. Have the auditor’s report mailed/given to
the association secretary, who would read the report into the November meeting
minutes prior to the officer election
f. Maintain current bulk mail rate with the
U.S. Post Office
g. Pursue all legal remedies for collection of
past dues and other monies
Article V:
Meetings
Section
One: General Business Meetings
General business meetings shall be held in February, May, August,
October, and November. Special meetings of the members may be called by the
President, by two or more Directors, or by not less than one-fifth of the
members. The purpose for calling a special meeting shall be stated in the notice.
Section
Two: Notices of Meetings Written or
printed notices stating the place, day and hour of the meeting shall be mailed
or delivered not less than five (5) days before the date of the meeting to each
homeowner residing within the subdivisions of Maplewood and Quail Run. All
meetings shall be held at such place as is determined by the Board of
Directors.
Section
Three: Agenda of Meetings An agenda
shall be provided at all meetings to those members attending.
Section
Four: Voting Each member will be entitled to cast one
vote (no more than two votes per household) on all matters brought before a
business meeting. A majority vote of the members present at any meeting will be
necessary for the adoption of any matter voted upon.
a. Majority vote: A majority vote
is a majority of eligible votes cast, not counting blanks and abstentions
b. Changing
a vote: Any member may change his or her vote before the results are
announced, except when the vote is taken by ballot. When the ballots have been
collected after voting, it is too late for a vote to be changed.
c. Ballot
Voting: The ballot is used for voting in elections and when it is desirable
to conceal one’s vote. Its use may be ordered on any motion by a majority vote.
Marked but invalid (illegal) votes are counted in the total votes cast to
determine a majority; blank votes are ignored in the total count.
d. Voting by Absentee: Any member may give
his or her vote by absentee vote. This vote will address a specific issue and
must be received by the association no later than the day of the meeting.
Article VI:
Board of Directors
The Board of Directors shall consist of the
President, the Vice-President, the Secretary, the Treasurer, and five (5)
members-at-large.
Section
One: Eligibility Any person elected or appointed to the Board
of Directors must meet the qualifications as described below.
a. President: The President must be a member of the
Association and must have served at least one term (12 months) in another
elected position on the association’s Board of Directors, be a member in good
standing, and have no felony convictions. (Approved in February 1999 general
meeting)
b. Vice-President: The Vice-President must
be a member of the Association for at least six months, must have attended at
least two general meetings prior to being elected, must be a member in good
standing, and have no felony convictions. (Approved in February 1999 general
meeting)
c. Secretary, Treasurer, and Members-At-Large:
The Secretary, Treasurer, and members-at-large must be members of the
association in good standing, no felony convictions, and have attended at least
two general meetings prior to being elected.
Section
Two: Powers The management of the property, business,
and affairs of the association is vested in the Board of Directors.
Section
Three: Duties By the 15th of January following
their election, each Board shall have developed a plan of action for their year
of service, along with a budget to implement the plan. This plan and budget
shall be placed on the agenda for approval by the membership at the regular
meeting in February. It will be the duty of the Board to see that the approved
plan is implemented in a timely manner.
Section
Four: Board Meetings The board shall meet once each month. They
shall set up a calendar for their meetings for the next year indicating date,
time, and place no later than December 15. Board meetings shall be open to the
membership.
Section
Five: Special Meetings Special
meetings of the Board may be called at the request of any two (2) Directors or
by the President. Notice of any special meetings shall be given to each
Director at least two days (48 hours) prior to the meeting.
Section
Six: Quorum A majority of the Board of Directors shall
constitute a quorum for the transaction of business.
Section
Seven: Vacancies In the case of the death, resignation or
disqualification of one or more of the Directors, a majority of the remaining
Directors may appoint a successor (or successors) which must be approved by the
general membership to fill the vacancy until the following election.
Disqualification shall consist of three (3) consecutive unexcused absences
total from regular board meetings (per term), becoming ineligible for
membership, or moving out of the
Section
Eight: Compensation No compensation shall be received by any
officer or member-at-large for serving on the Board of Directors for any other
reason except reimbursement for approved and documented expenses.
Article
Section
One: Election and Term of Office
The officers and members-at-large of the association will be elected
annually by the membership as detailed below.
a. Nomination of officers and members-at-large
at October general meeting.
b. Election of officers and members-at-large
and the transfer of duties shall be effective at the November general meeting.
c. Election of officers and members-at-large
shall be by ballot to serve for one year or until their successors are elected,
with members having the privilege of voting for “write-in” candidates.
d. Newly elected officers will preside at the
December board meeting.
Article VIII:
Discipline
The disciplinary procedures in Robert’s Rules of Order shall prevail.
Article IX:
Committees
Committees, standing or special, shall be
appointed by the President as the membership or the Board deems necessary to
carry on the work of the association.
Article X:
Official Publication
“The Leaf” is the official publication of
the association and, as such, may be used as official notification of meeting
(see Article V, Sections 1-3). Other times as deemed appropriate by the Board
may be published for the information of the membership. Preparation of the
official publication (newsletter) shall be the responsibility of the Publications
Committee, who is appointed by the Board of Directors.
Article XI:
Maplewood/Quail Run Animal Control Law
Section
One: According to the declarations of
restrictions found in the various subdivisions of
Section
Two: A homeowner wishing to make a complaint
about a specific animal at large shall notify any member of the association’s
Board of Directors. If the Board determines that the animal is at large, the
Board will inform the owner of the animal in writing if the animal’s owner is
known. From that point forward, the Secretary of the association shall keep a
record of all such warnings issued.
Section
Three: If a second complaint is received on a
specific animal, the association’s Board of Directors shall determine that the
animal remains at large and is not properly controlled. The Board of Directors
will then arrange for the Pettis County Sheriff’s Department, in the discretion
of the officer responding to the call, to impound the animal at the Sedalia
Animal Shelter. After an animal has been impounded once, no further warnings
will be issued, and the Board of Directors will arrange for the Pettis County
Sheriff’s Department to impound the animal if it is subsequently found at
large.
Section
Four: If an animal is at large and presents a
threat to any person, anyone who is a resident of either
Section
Five: If it is not possible, after a reasonable
effort, to determine the ownership of an animal about which a complaint is
received, the Board of Directors will arrange for the animal to be taken to the
Sedalia Animal Shelter following the initial complaint.
Section
Six: No animal shall be released by the Animal
Shelter without a receipt from the Homeowners’ Association for an animal
control fee.
Article XII:
Fiscal Year
The fiscal year for the Maplewood Homeowners’
Association shall begin on January 1.
Article XIII:
Amendment of Bylaws
These bylaws can be amended at any regular
business meeting of the association by a majority vote provided that the
amendment has been submitted in writing to all members no less than five (5)
days before the date of the meeting.
Article XIV:
Unlicensed and Disabled Vehicles
Section
One: The Maplewood Homeowners’ Association
interprets the provision found in the various subdivision restrictions that “no
noxious or offensive activity shall be carried on upon any lot, nor shall
anything be done thereon which may be or become an annoyance or nuisance to the
neighborhood, to mean that unlicensed or disabled vehicles, or any portion
thereof, shall only be kept on any lot completely inside a garage.”
Section
Two: The term “vehicle” shall be defined as any
motor vehicle or trailer, as defined in the Revised
Statues of the state of
Section
Three: Upon receiving a complaint from any
resident, the Board of Directors shall send a written warning by registered or
certified mail to the owner(s) of the residence where an unlicensed or disabled
vehicle is not stored completely inside of a garage. If the unlicensed or
disabled vehicle, or portion thereof, has not been removed from said lot or
stored completely inside a garage within five (5) days after the warning has
been mailed, the Board of Directors shall proceed to have said nuisance
removed, with court costs and attorney’s fees levied against said lot owners.
Section
Four: The association, or any of its Board of
Directors, shall not be held responsible for any charges resulting from any
removal or impoundment.
Section
Five: Sections 1-5 of this article may not be
repealed, amended or revised within five (5) years of enactment.
Article XV: No
Parking Zones
There is no parking on the grassy areas on
any of the cul-de-sac islands throughout the