CHERRY CREEK ON BRODIE LANE NEIGHBORHOOD ASSOCIATION
Restatement of By Laws was voted for in the Annual Meeting 2021.
ARTICLE I. NAME AND LOCATION
1.01 Name – The name of this organization shall be Cherry Creek on Brodie Lane Neighborhood Association (CCOBNA). The name may be changed by majority vote of the membership.
1.02 Location – The office of the association shall be located in Cherry Creek on Brodie Lane Neighborhood at an address designated by majority vote of the CCOBNA board of directors.
ARTICLE II. OBJECTIVES
The purposes of this organization is: To support active participation of individuals living in Cherry Creek on Brodie to keep the neighborhood safe, friendly and inclusive; to celebrate our cultural diversity and acknowledge the strength this diversity brings to our community; to promote the common good, health, safety and welfare of their fellow residents. Furthermore, CCOBNA is organized in order to:
2.01 Promote the maintenance of privately owned properties according to City of Austin codes. Out of courtesy, individuals should make their neighbors aware of a code violation and give them time to rectify the situation. In cases of extended periods of non-compliance, the individual should then refer the matter to the City of Austin by calling 311 and making a report.
2.02 Fix membership dues.
Original Statement: (Administer and enforce any and all covenants, restrictions, and agreements for preserving the architectural and general appearance of the properties within Cherry Creek on Brodie Lane.)
2.03 Assist individuals or groups of residents in organizing activities that promote positive interaction among the residents of Cherry Creek on Brodie.
2.04 Oversee the basic maintenance of common neighborhood areas of Cherry Creek on Brodie Lane Neighborhood including but not limited to: The monuments at the front entrance, lighting, landscaping, turf, sprinkler system, , and message board.
ARTICLE III. MEMBERSHIP
3.01 Membership will include all members of a household, provided the established membership dues are paid in full for that calendar year. However, for the purposes of voting, only one vote per household will be allowed. Membership is restricted to residents of the homes located within the Cherry Creek on Brodie Lane Neighborhood on 1 January 2000.
ARTICLE IV. BOARD OF DIRECTORS
4.01 The Board of Directors will have the authority to determine the policies and activities of CCOBNA, establish a budget, and collect dues. The Board of Directors shall poll the membership on issues to the extent feasible and practical.
4.02 The Board of Directors will be composed of at least 4 residents of Cherry Creek on Brodie Lane, who are members in good standing of the CCOBNA and are elected by a vote of the majority of the members present at an annual or special meeting of the members of CCOBNA. Changes to or continuation of the service of each member of the Board of Directors will be voted on by a majority of the members present at the annual meeting.
4.03 Each director will be entitled to one vote on each matter voted on by the Board of Directors.
4.04 Regular meetings of the Board will be determined by the Board of Directors. Notice of these meetings are to be publicized on the message board and/or through electronic means at least 3 days prior to the scheduled meeting.
4.05 A majority (51%) of the Board of Directors will constitute a quorum for the transaction of business at any meeting of the Board.
4.06 The Board may make decisions outside of a meeting if all the Directors receive some form of clearly written communication about the issue being decided and if a majority of the Directors vote on the issue.
4.07 Directors will not receive any payment for their services.
4.08 Whenever, for whatever reason, the composition of the Board of Directors falls below three-fourths of the number of Directors approved by the membership, a special meeting of CCOBNA may be called to elect Directors to fill the unexpired terms of the vacancies. In order to remain on the Board, members of the Board of Directors must attend at least 75% of the regularly scheduled board meetings each calendar year.
4.09 To be eligible for election, or to remain on the Board of Directors, a resident must have been a member “in good standing” for at least one year preceding candidacy and must remain in good standing during the term of service. Any person who is on the Board of Directors and becomes not in good standing is automatically removed from the Board of Directors without any further action by the Board of Directors or members.
(4.10 Whenever, for whatever reason, the composition of the Board of Directors fall below three-fourths of the number of Directors approved by the membership, a special meeting of the Association may be called, as provided for in Article VI and Article XII of the By-Laws, for the purpose of electing Directors to fill the unexpired terms of the vacancies. Members of the Board of Directors shall be required to attend 75% of the regularly scheduled board meetings each calendar year. No member, during their terms shall miss more than two consecutive regularly scheduled meetings without sufficient reason. Failure to comply with attendance requirements may remove the member from the Board.)
4.11 The Board of Directors shall have the power to promulgate rules and regulations to implement the enforcement of all Covenants, Conditions and Restrictions for Cherry Creek on Brodie Lane Neighborhood Association.
4.12 To be eligible for election, or to remain on the Board of Directors, a resident must have been a member “in good standing” for at least two years preceding candidacy and must remain in good standing during the term of service. No person is in good standing who during the term of service is the subject of a suit by the Association. Any person who is on the Board of Directors and becomes not in good standing is automatically removed from the Board of Directors without any further action by the Board of Directors or members. This clause becomes effective in May, 1997.
ARTICLE V. FEES
5.01 A membership fee of $60.00 will be assessed to each household, and will be paid once per calendar year. Fee increases, when needed, will be voted on at the annual meeting and determined by majority vote of members present.
Original Statement: (A membership fee of $25.00 will be assessed to each household and will be paid once per calendar year. Amended to: An annual membership fee of $60.00 will be assessed to each household.)
ARTICLE VI. MEETINGS
6.01 Annual Meetings. The annual meeting of the members will be held at a place designated in the notice of that meeting according to a schedule set by the Board. The purpose of the annual meeting will be voting on the retention or replacement of those serving on the Board of Directors and any other business brought before those in attendance at the annual meeting.
6.02 Special Meetings. Special meetings may be called by the President. A special meeting of the members will be called by the President upon receipt of a written request signed by at least 25% of the members.
6.03 Notice of CCOBNA Meetings. Notice of the time and location of all regular, special and annual meetings will be posted on the message board and/or through electronic means at the front entrance at least 5 days prior to the date of the meeting.
6.04 Quorum. At any annual or special meeting, a quorum will consist of at least 20% of the members present or no less than 4 members. ***UPDATED BY SPECIAL VOTE IN 2020***
6.05 Voting. At all meetings, each member will be entitled to one vote as established in Article III. A simple majority carries the vote.
6.06 Parliamentarian. The parliamentarian shall rule on any question of procedure at all membership meetings by following Roberts Rules of Order. This individual is appointed by the President, per Roberts of Order.)
ARTICLE VII. OFFICERS
7.01 Designation and number. The officers of CCOBNA will be a President, a Vice-President, a Secretary, and a Treasurer. No individual will hold more than one office at a time.
7.02 Election and Term of Officers. The officers of CCOBNA will be elected by a vote of the membership present at the annual meeting. They will hold office for one year and either be re-elected or replaced according to procedures established in Article 4.02 above.
7.03 President. The president will preside at all meetings, establish meeting agendas and, when necessary, delegate activities to those who are willing to serve. All delegated activities must be unanimously approved by fellow officers at the time of delegation.
7.04 Vacancies. A vacancy in any office may be filled by election by a majority of the Board of Directors immediately upon the vacancy occurring.
7.05 Vice-President. In the absence of the President, the Vice-President will perform the duties of the President. The Vice-President may also perform additional duties delegated by the President.
7.06 Secretary. The Secretary will attend all meetings or arrange for a substitute member to record meeting minutes. The Secretary will be responsible for the following duties: maintaining records of meetings and attendance at those meetings, maintaining an up to date membership list, ensuring that meetings are posted for the membership according to Article VI procedures, and maintaining an archive of meeting records for the previous 6 years.
7.07 Treasurer. The Treasurer will oversee all moneys and financial records of the Association and the deposit of annual dues and contributions in the financial institution chosen by the Board of Directors. The Treasurer will be responsible for reporting on the financial condition of the Association at all meetings, generating an annual report for the membership, and overseeing the payment of expenses previously authorized by the Board of Directors via electronic bill paying or checking account. Payments made by check must be signed by two members of the Board of Directors. The Treasurer will always act as one of the signers unless payment is being made to the Treasurer. In that case, another member of the Board of Directors will sign for the Treasurer. All disbursements must support specific objectives of the Association, be pre-authorized by the Board of Directors, and be submitted with a receipt for the expense.
ARTICLE VII. NOMINATION
Nomination for election to the Board of Directors will be made at the annual meeting. Nominations may be made by members and non-members, but all nominees must be members in good standing as defined in Article 4.12.
ARTICLE IX. BOOKS AND RECORDS
CCOBNA will keep correct and complete books, budgets and records of accounts and minutes of the previous six (6) years of the proceedings of its meetings.
ARTICLE X. FISCAL YEAR
The fiscal year for CCOBNA will begin on the first day of January and end on the last day of December in each year.
ARTICLE XI. INCOME AND EXPENDITURES
Sixty percent (60%) or more of the gross income of CCOBNA for each taxable year will be amounts received as membership dues from owners of residences located in Cherry Creek on Brodie Lane Neighborhood. Eighty percent (80%) or more of the expenditures of CCOBNA for each taxable year will be for the maintenance and care of CCOBNA common neighborhood areas as identified in Article 2.04.
ARTICLE XII. ASSETS UPON DISSOLUTION
Upon dissolution, all assets of CCOBNA, remaining after the payment of outstanding expenses, will be distributed on a pro rata basis to the membership of CCOBNA at the time of dissolution.
ARTICLE XIII. AMENDMENTS
Members at any annual or special meeting, by a vote of a majority of the members present, will have the power to alter, amend, make or repeal By-Laws of CCOBNA provided that written notice of the exact wording of any proposed change in the By-Laws is sent, along with the time and location of the meeting, to all members of CCOBNA at least 30 days, but no more than 60 days, before the meeting is held.
(ASSOCIATION COMMITTEES:
The following committees are recommended. The President shall appoint a Chairperson.
- Social Committee –
- Make recommendations to the Board regarding the park
- Help and plan neighborhood parties and other Association events
- Plan annual garage sale
- Plan annual Bar-b-que party
- Co-ordinate special events, such as Yard of the Month
2. Publicity Committee –
- Coordinate with other committees to publicize Association events and news
- Items
- Prepare and distribute a news letter
3. Welcoming Committee –
- To greet new homeowners
- To provide information about the Association to new homeowners
4. Security Committee –
- Co-ordinate the “Neighborhood Watch” program Co-ordinate the Block Captains Program. One Block Captain for every ten homes – to distribute newsletters, Information about security issues, etc., etc.)
The purposes of restating these by-laws are to:
- Update and more clearly reflect the current functioning of the CCOBNA Board.
- Use internally consistent terms.
- Improve clarity, readability and reduce wordiness.