BY-LAWS
RIVER BEND BLUFFS COMMUNITY ASSOCIATION, INC.
The following BY-LAWS, as approved on October 4, 2001 by The River Bend Bluffs Community Association, Inc. Board of Directors, shall govern the operation of the association, know as "The River Bend Bluffs Community Associtaion, Inc.".
ARTICLE I: Identity of Community Association, Inc.
Section A: River Bend Bluffs Sub-Division is located in "A" Part of Parks Reserve Township 32 North, R 13 East, Allen County, Indiana.
Section B: The River Bend Bluffs Community Association, Inc. will be domiciled in the sub-division know as and plotted by the developers of said sub-division as "River Bend Bluffs".
Section C: The River Bend Bluffs Community Association, Inc. is incorporated as a "Home Owners Association" with the State of Indiana.
Section D: These BY-LAWS shall include all common areas deeded to the River Bend Bluffs Community Association, Inc. by the developers of the River Bend Bluffs Sub-Division.
ARTICLE II: Definitions
Section A: The River Bend Bluffs community Association, Inc., shall mean and refer to the legal and defined property owners, their assignees or successors.
Section B: Owners refers to any and all recorded owners of property within the confines of the sub-division known as Rever Bend Bluffs.
Section C: Assignees refers to anyone who has been assigned the rights and privileges, in writing, by the property and/or homeowner. This can be done through sub-leasing or rental of the stated property legally owned by the association member.
Section D: Successors refers to all legal and defined heirs of a deceased River Bend Bluffs Community Association, Inc. member on the stated real estate property within the confines of the River Bend Bluffs Sub-Division.
ARTICLE III: Membership and Voting Rights
Section A: Membership shall be limited to the legal and recorded property owners of real estate within the confines of the River Bend Bluffs sub-division.
Section B: Members of the River Bend Bluffs Community Association, Inc. shall be entitled to "one" vote per property owned.
Section C: Assignees may vote only if they have a written waiver, signed by the property owner.
Section D: Waivers for assignee members must be presented to the Executive Board of the River Bend Bluffs Community Association, Inc. not less than 5 days prior to a called vote.
Section E: All Waivers will become a permanent record and held by the Executive Board of the River Bend Bluffs Communtiy Association, Inc.
Section F: A "Quorum" will consist of 51% of the voting members present at a meeting or the number of returned voting ballots.
Section G: Voting by ballot will be used for all new capital expenditures in excess of $5000. This will not include expenditures for general maintenance or repair.
Section H: On all matters other than new capital expenditures in excess of $5000, a vote of the membership will be at the discretion of the Board. Voting can be by voice, show of hands or ballots.
ARTICLE IV: General Meetings for the Association, Inc.
Section A: The general meetings will be held (2) times each year, in the months of May and October.
Section B: The general meetings dates will be determined by the River Bend Bluffs Community Association, Inc. Board of Directors.
Section C: The River Bend Bluffs Community Association, Inc. Board of Directors may call for an association meeting due to extenuating circumstances at any other time, if the River Bend Bluffs Community Association, Inc. members are notified at least 14 days prior to the said meeting.
ARTICLE V: Board of Directors
Section A: The Board of Directors shall consist of (9) members.
Section B: The length of term of office shall be (3) years.
Section C: Directors will be elected using a staggered election of (3) directors each year.
Section D: The Board shall consist of:
- Chairman of the Board: The Chairman will be elected by the sitting board.
- President: The President is elected by ballot, by the members of the River Bend Bluffs Community Association, Inc.
- Vice President: The Vice President will be elected by the sitting board.
- Treasurer: The Treasurer is elected by ballot, by the members of the River Bend Bluffs Community Association, Inc.
- Secretary: The Secretary will be elected by the sitting board.
- Directors at Large (4): The Directors at Large will be elected by ballot, by the members of the River Bend Bluffs Community Association, Inc.
Section E: The Executive Committee of the board shall consist of the Chairman, President, Vice President, Secretary and Treasurer.
ARTICLE VI: Duties of the Board of Directors
Section A: The Duties of each Board of Directors member are as follows:
Chairman of the Board
- Set and chair "all" Executive Board meetings.
- Set and chair "all" Board of Directors meetings.
- Expedite "all" decisions of the Board of Directors.
- Utilize Robert's Rules of Order as the guideline for all Board of Directors and association meetings.
- Signs all contracts in excess $5000.
President
- Liaison for the members of River Bend Bluffs Community Association, Inc. to the Board of Directors.
- Member of the Executive Committee.
- Signs all contracts in excess of $5000.
Vice President
- Assumes the duties of President as needed.
- Member of the Executive Committee.
Secretary
- Takes minutes at all Board called meetings.
- Assists compiling the Monthly Newsletter.
- Member of the Executive Committee.
Treasurer
- Keeps the financial record of all monies and assets of the River Bend Bluffs Community Association, Inc.
- Keeps control of the existing budget exercised by the Board of Directors.
- Pays all invoices approved by the Board of Directors.
- Balances all Bank Statements.
- Presents a treasurer's report at Board meetings.
- Member of the Executive Committee.
- Posts notices and collects annual homeowners dues.
- Records all nonpayment dues.
Chair of Activities Committee
- Oversees all social activities of the River Bend Bluffs Community Association, Inc.
- Chairs the committee for planning for social activities.
- Responsible for expenditures as approved by the Board of Directors for social activities.
- Responsible for the publicity of social activities published in the monthly newsletter.
Chair of the Architectural Committee
- Responsible for maintaining homeowner compliance to the covenants of the River Bend Bluffs community.
- Reports covenant violations to the Board of Directors.
- Reviews all structural building plans submitted by members of the River Bend Bluffs Community Association, Inc. for validating compliance to the covenants.
Chair for Security
- Responsible for street lighting and street signs.
- Responsible contracting snow removal.
Chair for the Common and Nature Areas
- Plans and expedites the maintenance of common areas.
- Plans and assists in the control of all nature areas.
Chair of Swimming Pools
- Responsible for the maintenance of the pools and pool areas.
- Interviews and selects personnel maintain the integrity of the pools and pool areas.
- Oversees the membership usage of the pools and pool areas.
Chair of the Nominating Committee
- Collects all nominations submitted for election to the Board of Directors.
- Prepares election ballots.
- Counts all ballots received and reports counts to the Board of Directors for publication.
- Responsible for the maintenance of ballots.
- In the event that the Nominating Committee is unable to secure a slate of nominees for the election of stated vacancies on the Board of Directors:
a. The chair of the Nominating Committee must inform the Board of Directors, within two weeks or fourteen days prior to the stated election of the incomplete state.
b. The chair of the Nominating committee must inform association members, by newsletter, prior to the date of the election, of the incomplete slate.
c. It will be a duty of the board of Directors of the River Bend Bluffs Community Association, Inc., to fill such vacacies by appointment within three months following the scheduled election date.
d. The vacancy appointee shall be accepted by a mojority of vote of the River Bend Bluffs Community Association, Inc. Board of Directors.
Chair of Publicity
- Publishes the monthly Newsletter.
- Responsible for the publicity of any functions participated in by the River Bend Bluffs Community Association, Inc.
Auditing Committee
- The Auditing committee shall be appointed by the Chairman and President of the River Bend Bluffs Community Association, Inc.
- It will be the duty of the Auditing Committee to audit the financial records of the River Bend Bluffs Community Association, Inc. as recorded and presented by the Treasurer of the Board of Directors.
- The audit must be performed annually.
- The audit must be completed prior to the seating of newly elected directors in the month of January following the Election.
- The Audtiting Committee must report its findings to the Board of Directors at the January meeting following election.
- Any and all irregularities must be reported by the Board of Directors at a called meeting for the same.
By-Laws Committee Chair
- The By-Laws Committee Chair shall be appointed by the Board of Directors.
- The By-Law Committee will maintain the accepted and ratified copy of the association's By-Laws.
- It will be the duty of the By-Laws Committee to rewrite the By-Laws after receiving accepted amendments from the Board of Directors.
- Copies of the By-Laws will be made available to all legal River Bend Bluffs Community Association, Inc. members.
ARTICLE VII: Indemnification and Non-Liability
Section A: Scope of Indemnification.
- The River Bend Bluffs Community Association, Inc. shall indemnify every inddividual who is or was at any time, a Director, Officer or Agent of the River Bend Bluffs Community Association, Inc., against liability and reasonable expenses, including Attorney fees incurred by such individual in connection with, or resulting from, any proceedings, in which such individual may become involved as a party by reason of any action taken or not taken in such capacity, whether or not such individual continues to serve in such capacity at the time such liability or expense is incurred, provided the applicable requirements of "Standard of Conduct" are met.
Section B: Standard of conduct for Indemnification.
- The Director's, Officer's or Agent's of River Bend Bluffs Community Association, Inc. decision or action taken or not taken while performing their duties was in accordance with the By-Laws of River Bend Bluffs Community Association, Inc.
- The Director, Officer or Agent did not act to benefit himself/herself or immediate family members to the detriment of River Bend Bluffs Community Association, Inc.
- The Director, Officer or Agent of River Bend Bluffs Community Association, Inc., acted in accordance with the civil laws of the State, County or City.
Section C: Non-Liability of Directors, Officer or Agents.
- Directors, Officers or Agents of River Bend Bluffs Community Association, Inc., shall not be individually or corporately liable to the Members of River Bend Bluffs Community Association, Inc., or to any other person, for any error or mistake of judgment exercised in carrying out the duties and responsibilities of their office.
- Directors, Officers or Agents of the River Bend Bluffs Community Association, Inc., shall have no liability with respect to any contract made by the Director, Officer or Agent on behalf of the River Bend Bluffs Community Association, Inc. and it's members.
ARTICLE VIII: Amending the By-Laws
Section A:
- Any qualified, voting member of the River Bend Bluffs Community Association, Inc. may initiate a change of the By-Laws.
- The amendment must be presented to the By-Laws Committee in written form.
- The amendment must stipulate which article and sub-title is to be amended.
- The amendment revision must be presented to the Board of Directors at the next regularly scheduled meeting of the Board of Directors based upon the date submitted to the Board.
- The Board of Directors must publish "said" amendment, no less than 7 days prior to any scheduled vote by the membership for amendment acceptance or rejection.
- Amendments shall be approved by a 75% majority of voting members. Voting can be by voice, show of hands or ballots.
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