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CODE OF REGULATIONS OF THE
HY-CREST SWIM CLUB &
RECREATIONAL ASSOCIATION, INC.
Revised August 2009
ARTICLE I
Name
The
name of this organization shall be Hy-Crest Swim Club & Recreation
Association, Inc.
ARICTLE II
Objects
The
purpose for which this organization is formed is to provide a healthy form of
recreation for the members and their children, renters, and guests; to promote
and further their health, safety, education and general welfare through
swimming and other recreational activities in which the group desires to
participate; to purchase, lease, rent or otherwise acquire a swimming pool,
bath house and other equipment necessary for the operation of the pool, as well
as all other personal or real property and goods of any and every class and description
which would be necessary to further the recreational desires of its members and
to aid in community endeavors where feasible to do so.
Since
this club is formed solely for the recreational benefit to be derived from the
facilities and is not intended in any way to be a country club or social club,
no alcoholic beverages will be served or permitted to be consumed on any
premises under the control of this organization, unless it is a Hy-crest
sponsored event, for adults only, over the age of 21 years of age.. The only social aspect is
the natural association of members in the group. No formal dining and dancing
facilities will be provided on any premises under the control of the
organization, and this group shall not be controlled by or be under common
control with any other organization.
ARICLE III
Board of Trustees
Section
1: The management of
this organization shall reside in a Board of Trustees consisting of twelve
members, who shall receive no remuneration for the services so rendered by
them.
Section
2: The
Board of Trustees shall be elected at the annual meeting of members. Twelve
trustees shall be elected; each year trustees shall be elected for all vacated
positions to serve for a term of three years, and until their successor shall
have been chosen.
a. Board members can not serve successive
elective terms. There must be a lapse of at least one year between elective
terms.
b. In the election of trustees, each
certificate holder shall be entitled to one vote for each trustee to be
elected; but not more than one vote per certificate holder shall be cast for
any one trustee.
c. On or before July board meeting of each year, the Board of Trustees shall
nominate at least one person for every open board seat to be filled at the next
annual election, and shall obtain their acceptance for the nomination.
Certificate holders in good standing with
all dues and assessments paid, may be nominated for the Board of Trustees. This
ticket shall be posted on the pool bulletin board of this organization on or
before the first day of August.
The Board of Trustees shall cause all
nominees to be placed on one ballot in alphabetical order. A validated ballot
and a statement of the number of Trustees to be elected shall be sent to each
certificate holder via email or mail, at least 10 days prior to the August
annual meeting.
Ballots should be returned to the secretary
at or before the August annual meeting.
At the time of the annual meeting, the
secretary shall certify the signatures and transmit the ballots to the Inspectors
of Election, appointed by -the Board of Trustees, to be counted.
Nominees receiving the greatest number of votes shall be elected. In case of a
tie vote, such tie votes shall be resolved by lot conducted by the inspectors
of Elections.
Ballots may be viewed by any member of the
Board of Trustees upon request.
If at the time of election, for any reason,
there are not sufficient candidates to fill the seats on the Board
of Trustees which should be filled at the election, the
annual meeting shall be adjourned for
two weeks. A written notice shall be sent to all certificate holders
specifying the date of the delayed annual meeting and requesting nominations
for the Board of Trustees from the floor by certificate holders at this
meeting. Upon resumption of the delayed annual meeting, nominations would be
received from the floor and election would be by those members present at the
meeting.
d. Vacancies on the Board of Trustees shall
be temporarily filled by vote of the remaining trustees. The trustee elected to
fill such vacancy shall serve until the next annual meeting of the certificate
holders. At this time any unexpired portion of such vacancy shall be filled by
vote of the certificate holders. If the person appointed by the trustees and/or
elected by the certificate holders served two or more years, this shall be
considered a term of office. There must be a lapse of at least one year before
he/she may run for re-election to the Board of Trustees.
Section
3: The
Board of Trustees shall meet at least once each month and at such other times
as they may deem necessary.
Section
4: Seven
(7) members of the Board of Trustees shall constitute a quorum.
Section
5: The
Board shall have the power to make rules and regulations governing the
operation of this organization and to transact the financial and other business
of the organization, not inconsistent with this code of regulations or contrary
to law as the Board deems necessary or desirable for the welfare of the
organization.
Section
6: The
Board shall make available and annual written report including a financial
report, to the certificate holders during the month of the annual meeting. The
agenda of business at the annual meeting shall include the annual report and
the financial report.
Section
7: Any
one or more members of the Board may be removed from office by a three-fourths
(3/4) vote of the organization certificate holders present in person or
represented by proxy ballot at any annual or special meeting of the
organization.
Section
8: The
Board shall act upon proposals of committee chairperson and members of the
organization. The Board may submit proposals to the entire membership for their
vote. These are in addition to those specified in the ones specified in this
code of regulations.
Section
9: The
Board shall nominate and elect committee chairpersons at the first monthly
meeting of the Board after the annual meeting (October).
Section
10: The
Board shall appoint an outside accountant to audit the financial books and
records on an annual basis.
Section
11: Each
member of the Board shall train his/her replacement as an officer or committee
chairperson when his/her term of office is finished and a replacement has been
elected. All members of the Board will transfer written procedural details of
job descriptions including specific activities, dates and deadlines. These
procedures should be in accordance with this code of regulations.
Section
12: The
Board shall select, hire and determine the job description of a pool manager.
Section
13: The
Board may act upon recommendations by the pool manager.
Section
14: The
Board shall hire and determine the job descriptions of all other employees. The
pool manager and/or Board members shall submit their recommendations to the
Board. These shall be written proposed job descriptions, wage recommendations
and specific qualifications of recommended personnel.
Section
15: The
Board shall review all salaries and job descriptions of employees annually at
the January meeting.
Section
16: The
Board shall approve the annual budget at the February meeting.
Section
17: The
Board shall approve all non-budgeted contracts and financial transactions over
$250.00 prior to any financial commitment by the members of the Board or by the
pool manager.
Section
18: The
Board shall conduct long range planning.
Section
19: The
Board may act upon recommendations by committee chairmen and members of the
Board.
ARICLE IV
Committees
Section
1: The
standing committees of this organization shall be as follows:
Grounds/Soccer
Fields/Tennis Committee
1. Provide
for the maintenance and upkeep of the general grounds and facilities owned by
the organization.
2. Schedule
the use of recreational facilities owned by the organization. (Soccer: Spring
& Fall )
3. Prepare
a written budget for the grounds projects and maintenance.
Pool and Bath House
Committee
1. Provide
for the maintenance and upkeep of the Hy-Crest swimming pool and related
facilities.
2. Provide
for the maintenance and upkeep of the Hy-Crest bath house and related
facilities.
3. Prepare
a written budge for the projected expenditures related to the pool and bath
house maintenance.
Concession Committee
1. Provide
for the maintenance and upkeep of the Hy-Crest concession stand and related
equipment.
2. Assure
operation of concession stand in compliance with the governmental rules and
regulations relating to the vending operation.
3. Prepare
a written budget for the projected expenditures and receipts related to the
operation of the vending and concession stand operation.
Finance Committee
(Treasurer)
1. Working
in conjunction with sub-committee treasures to prepare an annual budget for the
total organization and operation of the HyCrest Swim Club and Recreation
Association, Inc.
2. Be
knowledgeable about local, state and federal laws and the rules and regulations
relating to these laws relating to the financial operations and procedures for
non-profit organizations such as this one, or obtain counseling.
3. Maintain
financial records and ledgers for the organization.
4. Prepare
an annual, audited financial report for the Board of Trustees and members of
the organization.
Rules and By-Laws
Committee (Vice-President)
1. Maintain
copies of the bylaws and all other rules and regulations which relate to the
operation of -this organization.
2. Receive
complaints or reports of infractions of the bylaws or rules and regulations
from members.
3. Study
bylaws, rules and regulations and make proposals to the Board of Trustees when
changes are needed.
4. Prepare
a written budget for the projected expenditures related to the duplication and
dissemination of bylaws, rules and regulations.
Communications Committee
(Secretary)
1. Keep
written minutes of the Board of Trustees' meetings.
2. Keep
the archives of the Articles of incorporation, bylaws, rules
and regulations, and important legal documents.
3. Act
for the president in case of disability or absence of the president and vice
president.
4. Contact
members of the Board of Trustees before each monthly meeting to inform them of
the time, date and location of the meeting.
5. Prepare
a written budget for the projected expenditures related to the Communications
Committee activities.
Advertisement and Public
Relations Committee
1. Plan
and develop any advertising or public relations programs.
2. Organize
and produce a composite, annual, written report to members relating to the
activities of the Board of Trustees.
3. Prepare
mailing for annual meeting.
4. Prepare
a written budget for the total activities of this committee.
5. Prepare
a calendar listing all activities for the season, including swim lessons.
6. Prepare
the annual membership packet which members pick up at the pool.
Program and Social
Committee (2 members)
1. Plan,
advertise and put into effect all social events sponsored by this organization.
Swim Team Committee
1. Present
swim team policies, plans, schedules and activities for Board action.
2. Prepare
a letter to members regarding the seasonal schedule of events relating to the
swim team with all pertinent information to be included in the opening day
member packet.
3.
Present an annual report
including a written budget of projected expenditures to the Board of Trustees
at the close of the season relating to the swim team season.
4. Prepare
a written budget of projected expenditures and receipts relating to the
activities of the swim and diving teams and any other activities of the
committee.
Oversight and Coordination
Committee (President)
1. Coordinate
the work of all committees.
2. Supervise
the writing of any contracts and the fulfillment of the terms of the contracts.
3. Organize
the Board of Trustee meetings.
4. Oversee
the performance of all hired personnel.
5. Oversee
the total operation of the Hy-Crest Swim Club and Recreation Association, Inc.
Section
2: The
treasurer shall be chairman of the Finance Committee. The president shall be
chairman of the Oversight and Coordination Committee. The secretary shall be
chairman of the Communications Committee. The chairmen of the other standing
committees shall be elected by the Board of Trustees, from among the remaining
members of the Board of Trustees after they have elected the officers for the
organization.
Section
3: The
Board of Trustees may by resolution provide for the formulation of special
committees as it deems desirable and discontinue
the committees at its pleasure. Each such committee
shall have such powers and perform such duties,
not inconsistent with this Code of Regulations, as may be delegated to it by
the Board of Trustees.
Section
4: Each
committee shall consist of at least one board member
and members in good standing. All members shall serve
without compensation.
Section
5: The
Board of Trustees may assign additional duties and powers to all committees
that are not inconsistent with this Code of Regulations.
ARICLE V
Officers
Section
1: The officers of
this organization shall be a president, a vice president, a secretary, a
treasurer and any such other officers as, in the discretion of the Board of
Trustees, are deemed necessary or appropriate. The officers shall be elected annually
by the Board of Trustees from among the Trustees, and shall hold
office without remuneration until the first monthly meeting of the Board
of Trustees following the annual meeting of the certificate holders
(October). Any officer may be removed from office with or without cause by the
concurrence of seven Trustees.
Section 2: The
president shall: preside at the meetings of the organization and of the Board
of Trustees. Be the administrative officer of the organization. Appoint,
subject to confirmation of the Board of Trustees, all special committees as may
be directed by the Board. Be an ex officio member of all committees. Oversee
the performance of all hired personnel and the total operation of the
organization.
Section
3: The vice president
shall: In case of absence or disability of the president, acts in his/her stead.
Be an ex officio member of all committees.
Section 4: The
secretary shall: Record minutes of all meetings of the Board of Trustees and
members of the organization. Keep on file all committee reports. Keep an
official membership list. Make minutes and records available to members upon
request. Maintain a record book in which the bylaws and all rules and
regulations are kept. Notify Board of Trustee members of meeting dates and
times. Send out correspondence as directed by the Board of Trustees. In case of
absence or disability of the president and vice president, act in his/her
stead.
Section 5: The
treasurer shall: coordinate the following: Maintaining the financial records of
the organization. Receive the revenues of the organization. Pay the debts which
are approved by the Board of Trustees. Prepare an annual budget for the
financial report for the Board of Trustees. Prepare an annual, audited
financial report for the Board of Trustees and members.
Section
6: At the discretion
of the Board of Trustees, an outside accountant may be appointed to perform any
or all of the functional responsibilities of the Treasurer, but the Treasurer
cannot be relieved of his/her responsibility for accountability. The fee for
such services shall be determined by the Beard of Trustees and shall be commensurate
with the duties performed and not in excess of what is a customary fee in the
profession. Be bonded.
ARICLE VI
Meetings
Section 1: The
annual meeting of certificate holders shall be held during the month of August
in each year, at such time and place as the Board of Trustees shall determine.
Section
2: A special meeting
of certificate holders may be called at any time by direction of the Board of
Trustees, or it shall be called within thirty (30) days upon receiving a written
request for such a meeting made by at least thirty (30) certificate holders.
Section
3: Notice of open
meetings shall be given by mail or email to all certificate holders at least
ten (10) days prior to such meeting. Mailing of
notice to the last known address of certificate holders shall constitute
sufficient notice under this section. The post mark thereon shall constitute
the date of notice. Notice of a special meeting shall state the purpose for
which the meeting is called, and no other business shall be transacted thereat.
It is permissible for an email notice to serve as sufficient notice of such
meeting if permission has been previously given by the member.
Section
4: A majority of
certificate holders, present in person or by proxy, shall constitute a quorum
at any meeting of certificate holders.
Section
5: The order of
business for all meetings of this organization shall be as follows:
a. Roll
call of Trustees and Officers
b. Reading
and approval of minutes
c.
Reading of the
Communications
d. Report
of the Treasurer
e.
Reports of Standing
Committees
f.
Reports of Special
Committees
g.
Special orders
h. Unfinished
business and general orders
i.
New business
Article VII
Membership
Section
1: Membership in this
organization shall consist of certificate owner family unit members:
a. The
certificate owner and his/her spouse.
b. Unmarried
children of the certificate owner residing full-time in the household, or
students (dependent children) home for the summer, under the age of 25.
c.
Minor, unmarried children
of either spouse, who due to divorce or other reasons, do not normally reside
in the member's home, are eligible for registration during periods of temporary
custody while residing in the member's home.
d. Other
members of the household residing full-time (year round) in the certificate
owner's home, subject to advance approval by the Board of Trustees. A brief,
written request must accompany the registration card setting forth the name,
age, relationship to the certificate owner and reason for being in the home. The
dues and membership coordinator will present such requests at the next Board of
Trustees meeting, enter those approved on the member's registration card, and
notify the member of the Board's decision.
e.
Any individual family can
own only one membership. Multiple memberships are expressly prohibited and will
be denied by the Board of Trustees per Article VII: Sections 5 & 6.
Section
2: The unqualified
term "member" as used elsewhere in this Code of Regulations shall in
the case of a family unit member, refer to the head of said family
household, be an adult person, be accepted for membership, owning one (1)
ownership certificate, and paying dues. He or she shall be the representative
of said family unit in all matters pertaining to the organization or its membership.
Section
3: Only certificate
owners in good standing may vote. A member in good standings is current on all dues and
assessments as of the mailing date of the ballot. They shall have one vote for
each certificate owned.
Section
4: This organization
shall be limited to 260 active memberships.
Section
5: Applicants for
membership shall submit an application for membership to the Dues and
Certificate Coordinator prior to purchasing an ownership certificate. The Dues
and Certificate Coordinator will review all applications in
order received and refer them along with his/her recommendations
to the Board of Trustees at the next regular monthly meeting.
Section
6: The Board of
Trustees shall reserve the right to vote upon all applicants for membership.
Section 7: The
pool manager may suspend a member, renter or guest from use of the facilities
for up to seven (7) days for breaking one or more of the pool behavior and/or
safety rules. All suspensions should be documented in a written form indicating
names, dates, and pertinent details. A
verbal report should be given to the
Board of Trustees at the next regular meeting. The written report should
be filed with the secretary. Recommendations may be given to the Board of
Trustee for further action.
Section
8: Any member or
renter may, for cause and after having been given an opportunity for a hearing,
be suspended for a period not exceeding two (2) months by a two thirds (2/3)
vote of the members of the Board of Trustees present at any hearing thereof, or
expelled by an affirmative vote of eight (8) Trustees. Cause for suspension or
expulsion shall, in general, consist of violation of this Code of Regulation or
other rules and regulations approved by the Board of Trustees.
Section
9: Any member or
renter may resign at any time. A refund of the current year's dues and fees
shall not be made.
Section 10: If
a member sells, rents or leases his home or property and desires to transfer
his ownership certificate therewith, an application for membership must be
filled out, and presented to Due and Certificate Coordinator and voted upon by
the Board of Trustees at their next regularly scheduled meeting.
Section 11: If
a membership becomes delinquent and the amount money past due is equal to or
exceeds the value of the certificate (fair market
value to be determined by the Board of Trustees at the time of notification),
it wil1 be placed in an inactive file and a new certificate will be
issued by the Board of Trustees and made available at the
fair market value at that time on the open market. The delinquent certificate
holder will be notified by email first, if notice is confirmed received then
that action will terminate the delinquent certificate, if no response to email
correspondence, then notice by standard mail to the last known address will
occur, and be given a ten day notice of this action. Any inactive accounts can
later be reinstated by bringing all delinquent charges current. All fees,
however, will continue to be levied against inactive accounts.
ARICLE VIII
Dues, Fees and Guest
Privileges
Section
1: All dues
increases shall be voted on by the members of this organization. A 2/3 vote of
all certificate holders present in person or represented by proxy at any
special or annual meeting shall be required to pass a dues increase. At least
ten (10) days notice of such proposed dues increase shall be given by mail to
each certificate holder.
Section
2: The Board of Trustees may set the dues annually up to
the last voted increase in dues which the membership voted to approve.
Section
3: The dues
year shall run from April 1 each year through March 31, of the next succeeding
year. Annual dues shall be billed on or before March 1, each year.
Section
4:
New
members joining the organization during or prior to the
month of June shall pay full dues. They
will pay two-thirds (2/3) of the annual dues if they join during the month of
July and one-third (1/3) of the annual dues if they join during the month of
August.
A. In the event that Hy-Crest is
holding 10 or more memberships available for purchase, the Board of Trustees
may vote to offer a special limited time offer to the public to join the
organization without paying dues for the first year only. To receive this
special, the membership must be purchased through Hy-crest.
Section
5: Any member
failing to pay dues by April 1st of each year shall pay a late fee determined
by the Board of trustees and communicated in the dues packet sent out prior to
March 1st each year.
Section
6: Memberships may
be rented each year after April 1st in numbers which would equal the difference
between 260 active memberships (not including delinquent accounts) and the
number of members who have paid their dues by April 1.
Section
7: The amount
charged for rental memberships shall be set by the Board of Trustees.
Section
8: No certificate of
ownership will be transferred without the payment of all delinquent maintenance
fees and/or penalties which have been assessed. Unpaid maintenance fees must be
paid before a certificate holder may be reinstated for membership.
Section 9: Guest
privileges will be as follows: Guests will be permitted to use the facilities
upon payment of guest fees and appropriate sign-in by the active member or
renter and guest. The Hy-Crest Board of Trustees will annually set local guest
fees and establish policies related to the number of local guests each member
or renter may have during the season. This will be communicated to the
membership in the spring newsletter.
Guest fees must be paid
before entering the facilities. Local guests may be excluded from the premises
on Saturdays, Sundays and holidays at the discretion of the pool
manager.
House guest passes may be
obtained from the pool office. The house guest fee will be determined by the
Board of Trustees and will be charged on a per person per day basis. Fees must
be paid in advance and none shall be returned.
Section 10: Guest
admission fees shall be established by the Board of Trustees.
Section 11: All
fees and other charges stated or mentioned are exclusive of any
tax which may be imposed.
Section 12: Members
or renters shall be responsible for the payment of all charges
or liabilities that may be imposed upon or incurred by their guests to whom the privileges of the
organization shall have been
extended.
ARICLE IX
Ownership Certificate
Section
1: Each member in this
organization shall own at least one ownership certificate. These ownership
certificates are the negotiable property of the owner, but the ownership of a
certificate has the right to the use of the facilities or assets of the
organization only if in good standing. The sellers of certificates shall inform
prospective buyers that they must fill out applications for membership and that
the Board of Trustees has the right to approve the acceptance of each new
member. This should be done before the certificate is
sold.
ARICLE
X
Dissolution
Section
1: This organization
may be dissolved by an affirmative vote of two-thirds (2/3) of all existing certificate
holders voting in person or by proxy at a meeting called for that purpose.
Members shall be notified by mail at least 10 days prior to any such meeting.
After all certificate holders' debts and liabilities are paid and after payment
of all debts and liabilities of the organization, the remaining assets shall be
evenly distributed to all certificate holders.
ARICLE XI
Parliamentary Authority
Section
1: This code of
Regulations may be amended by a
two-thirds (2/3) vote of the total certificate holders present in person or
represented by proxy at any special or annual meeting provided that at least
ten days notice of such amendments shall be given by mail to each certificate
holder.
Section
2: The rules contained
in the current edition of Robert's Rules of Order
Newly Revised shall govern the organization in all
cases to which they are applicable and in which they are not inconsistent with
these bylaws and any special rules or order the organization may adopt.
ARICLE XII
Liabilities
Section 1: Each
person who acts as a Trustee or Officer of this Organization shall be
indemnified by the organization against expenses actually and necessarily
incurred by him/her in connection with the defense of any action, suit or proceedings
in which he/she is made a party by reason of being or having been a Trustee or Officer
in the organization, except in relation to matters as to which he/she shall be
adjudged in such action, suit, or proceedings to liability for gross negligence
or willful misconduct in the performance of duties.
Section
2: The right of
indemnification provided herein shall insure to each Trustee and Officer
referred to in this preceding section (1) whether or not he/she is a Trustee or
Officer at the time such costs or expenses are imposed or incurred; in the
event of his/her death the right shall extend to his/her legal representatives.
Section
3: The Organization
assumes no responsibility and members, renters, or their guests can have no
claims against the organization, for the property of any members, renters or any
guests, which is brought upon or left on the organization's property.
Section
4: The Organization
assumes no responsibility and members, renters, or their guests can have no
claim against the organization for an accident, injury, or damage to any persons
on the organization's property.
Article
XIII
Section
1: Dues and Certificate
Coordinator: This shall be a paid position and not a member of the Board of
Trustees. The board shall annually hire/renew this position with compensation
to be determined by the Board each year. The term for this position is
January-December. The employee can be a member of the pool, but not a current
board member.
Revised
August 2009
