|
PONDEROSA COMMUNITY CLUB, INC
BY-LAWS
1. MEMBERSHIP
1.1 Definition of Member. A member is the individual, family group(s), or entity(s) described as owner(s)/grantee(s) on deed(s) to land within the boundaries of Ponderosa Estates, and as such immediately becomes subject to all rights, privileges and obligations of membership as set forth in these By-laws, the Operating Procedures and all rules and regulations adopted by the Ponderosa Community Club, Inc., and/or its Board of Trustees.
1.1.1 Obtaining Membership. Membership in the Ponderosa Community Club, Inc., is obtained upon acquisition of ownership of one or more lots platted within the boundaries of Ponderosa Estates.
“Ponderosa Estates” means that community of platted and unplatted land described in Plats of Primitive Park in the Chelan County book of records, plus additions thereto, being privately held or held by the Ponderosa Community Club, Inc.
1.1.2 Limitation on Membership. Ownership of lots within the boundaries of Ponderosa Estates may not be used or manipulated in any manner in order to provide any person access to Ponderosa Estates Corporation property, facilities, services, or voting rights who is not residing on the lot within the boundaries of Ponderosa Estates. For example, the subdivision of a lot within Ponderosa Estates into small pieces, or the sale of dozens of undivided interests in a lot within Ponderosa Estates, or any similar scheme devised solely for the purpose of providing persons who would not otherwise qualify for membership access to Corporation facilities, services, or voting rights is prohibited.
1.2 Member Voting Rights. Ownership of more than one lot within Ponderosa Estates does not increase the member’s voting rights or privileges. However, ownership of more than one lot within Ponderosa Estates does increase the member’s obligations for maintenance and operations dues, special assessments, fees and penalties.
1.3 Member in Good Standing. A member in good standing is one who has no outstanding, delinquent maintenance and operations dues, special assessments, fees, or monetary penalties owing to the Corporation, and is not in violation of WATER Section 19.
1.4 Delinquent Member. A delinquent member is one who is more than sixty (60) days in arrears on any maintenance and operations dues, special assessments, fees, or monetary penalties of the Corporation, including delinquencies resulting from failure to notify the Board of Trustees of change of ownership, and/or is in violation of WATER Section 19. All rights and privileges of the member are immediately suspended during delinquency, while all responsibilities of the member for conduct and additional maintenance and operations dues, special assessments, fees and penalties remain in effect.
2. BOARD OF TRUSTEES
2.1 Number of Trustees. The Ponderosa Community Club, Inc., shall be governed by a board of five (5) individuals, hereinafter called Trustees, as provided in the Articles of Incorporation, each of whom shall be a member in good standing, and each of whom has been elected or appointed as prescribed in these By-laws. Only one person from within each membership or from one family may serve at one time on the Board of Trustees. A family is that group of persons related by blood, marriage, or adoption.
2.2 Trustee’s Responsibilities. The Board of Trustees shall be responsible for the maintenance, operation, preservation, repair, improvement and/or replacement of the Corporation property, including the establishment and collection of dues, assessments, fees, liens, the prosecution and defense of Corporation legal matters, and the expenditure of funds related to these responsibilities.
2.3 Rules & Regulations. The Board of Trustees shall establish reasonable rules, regulations, policies and procedures which are necessary for the peace, comfort, health, safety and general welfare of the Corporation members.
3. BONDING AND INSURANCE
3.1 Fidelity Bond. Each Trustee shall furnish a fidelity bond, the premium for which shall be paid by the Corporation. The amount of the fidelity bond to be obtained from each Trustee shall be determined by the Board of Trustees, commensurate with the financial exposure to the Corporation represented by the position’s authority.
3.2 Performance and Other Bonds. The requirement of bonding for any volunteer, employee or contractor, other than a Trustee, and the amount of the bond, if required, shall be determined by the Board of Trustees, commensurate with the financial exposure to the Corporation.
3.3 Coverages. The Clubhouse and other above-ground structures shall be appropriately insured for full replacement cost on an “all-risk” basis, where possible. Other appropriate insurance coverages shall be carried, such as earthquake, flood, legal liability, premises medical and Director’s & Officer’s insurance.
4. ELECTION/APPOINTMENT OF TRUSTEES
4.1 Election Meeting. The election of Trustees shall be held at the Member’s Annual Meeting, or at a special member’s meeting called for that purpose.
4.2 Election Notice. The Notice of the Member’s Annual Meeting shall contain a brief, unedited statement by each candidate and a paper ballot form containing the names of those candidates standing for election and spaces for at least two (2) write-in candidate’s names. A photograph shall be requested of each candidate and the photograph, if submitted, and his/her statement from the Notice shall be posted at the Ponderosa Clubhouse when the ballot form is mailed to the membership. “Ponderosa Clubhouse” means the commonly owned building containing a meeting room, kitchen, restrooms, storage areas, swimming pool, and its grounds.
4.3 Trustee Position Vacancy. If a Trustee position becomes vacant before that Trustee’s term of office expires, the Board of Trustees shall appoint a replacement Trustee to serve until the next Members’ Annual Meeting.
5. TERM OF OFFICE
5.1 Term of Office. Each Trustee shall serve a term of three (3) years. Staggered terms shall be used which will assure that no more than two (2) Trustee’s terms of office will expire during any given year. Trustees elected to fill a position created by a mid-term vacancy shall serve until that position’s term of office would have normally expired had there been no vacancy. (See Section 4.3 for the term of office of Trustees appointed by the Board of Trustees.)
5.2 Unequal Terms. If positions are being filled for two or more Trustee positions of unequal term length, the nominee receiving the highest number of votes shall receive the position with the longest term of office.
5.3 Term Limit. No elected Trustee may serve more than two (2) consecutive terms. A Trustee, whether appointed, elected to serve a vacant position’s remaining term, or a combination of both, who has served less than fifty percent (50%) of a three (3) year term shall be considered as not having served a term toward the two (2) consecutive term limit.
6. REMOVAL OF A TRUSTEE
6.1 Meeting Attendance and Automatic Resignations. Any Trustee who becomes a delinquent member, or any Trustee who is absent from more than three (3) Board of Trustee meetings within a calendar year shall be considered to have tendered his/her resignation and shall be removed from office immediately by the President and replaced by the Board of Trustees. Meeting attendance may be accomplished through any method which allows the Trustee to hear and be a part of the entire meeting discussion even though not physically present (e.g. teleconferencing, videoconferencing).
6.2 Involuntary Removal of a Trustee. A Trustee may be involuntarily removed from office by a two-thirds (2/3) majority of the mailed-in or hand-carried paper ballots cast at a meeting in which a discussion of his/her removal is on the agenda. See Section 10 VOTING for requirements.
7. OFFICERS
7.1 Election of Officers. The Board of Trustees shall elect among themselves the following officers, who shall serve at the pleasure of the Board of Trustees.
7.1.1 President. The President’s duties and powers shall be to direct the affairs of the Corporation as required by these By-laws; to prepare the agenda and preside over all meetings of the Board of Trustees and of the members; to sign all agreements, contracts and other written instruments which have been approved by the Board of Trustees; to employ persons authorized by the Board of Trustees; to appoint committees necessary to the conduct of Corporation business; and to perform such other duties as may be assigned by the Board of Trustees.
7.1.2 Vice-President. The Vice-President’s duties and powers shall be to assume the President’s duties and powers in case of the absence or disability of the President; to manage and be responsible for the timely performance of committees delegated by the President and for employees and volunteers of the Corporation assigned by the Board of Trustees; and to perform such other duties as may be assigned by the President.
7.1.3 Secretary. The Secretary’s duties and powers shall be to create and preserve the Minutes of all meetings of the Board of Trustees, except Executive Sessions, and of all meetings of the members; to require, obtain and preserve the Minutes of all committee meetings; to receive, handle and preserve the correspondence of the Corporation, including newsletters, bulletins and similar items; to serve all notices required by law or these By-laws; and to perform such other duties as may be assigned by the President.
7.1.4 Treasurer. The Treasurer’s duties and powers shall be to maintain sufficient records of the current Corporation members so names, addresses and the status of each can be determined, both current and in the past; to maintain and preserve books of account of the Corporation financial activities which meet generally acceptable accounting principles; to preserve the original documents supporting the book entries; to pay all accounts approved by the Board of Trustees; to handle all Corporation billings; to receive and deposit receipts to the Corporation accounts in such bank(s) as the Board of Trustees shall designate; to file liens and execute foreclosures when member’s accounts become delinquent; to present completed tax and financial reports as often as shall be required by law or the Board of Trustees; to manage and be responsible for the timely performance of the Budget & Finance Committee; and to perform such other duties as may be assigned by the President.
7.1.5 Director of Operations. The Director of Operation’s duties and powers shall be to direct and manage the maintenance, preservation, repair and/or replacement of the Corporation’s physical assets; to supervise employees and volunteers, and monitor contractors retained by the Board of Trustees in order to maintain, preserve, repair and/or replace the Corporation’s physical assets; to manage and be responsible for the timely performance of the Roads Committee, the Water/Waste Water Committee, and the Buildings & Grounds Committee; to act as liaison between members and the Board of Trustees in carrying out these duties; and to perform such other duties as may be assigned by the President.
8. MEETINGS
8.1 Robert’s Rules of Order. All meetings, including committee meetings, shall be conducted under Robert’s Rules of Order, Newly Revised, in all cases in which they are consistent with these bylaws.
8.2 Board of Trustee Regular Business Meetings. The Board of Trustee’s regular business meeting shall be scheduled at 8:00 a.m. on the second Saturday of each month, except January when a regular business meeting is at the option of the Board of Trustees. The meeting is to be held in the Clubhouse, or at an alternative location within Ponderosa Estates accessible to the members if the Clubhouse is not available. The date, time and place of the regular business meeting shall be posted at the Clubhouse at least fourteen (14) days prior to each meeting.
8.3 Board of Trustee Special Business Meetings. The Board of Trustees may hold Special business meetings at any time at their discretion. The date, time and place of each Special Board of Trustee’s business meeting shall be posted at the Clubhouse at least fourteen (14) days prior to the meeting, unless emergency circumstances dictate a shorter notification period.
8.4 Executive (closed to members) Sessions. Upon the affirmative vote on a motion in an open meeting to assemble in Executive Session, the Board of Trustees may meet in Executive Session:
- To discuss personnel matters, or matters related to member’s special needs or concerns:
- To consult with or consider communications with legal counsel, or to discuss likely or pending litigation;
- To discuss sale, acquisition, or lease of any asset when public disclosure might adversely affect the price;
- To discuss matters involving possible violations of the governing documents of the Corporation, or matters involving the possible liability of a member to the Corporation.
The motion shall state specifically the purpose of the Executive Session. Reference to the motion and the stated purpose shall be included in the Minutes. The Board of Trustees shall restrict the consideration of matters during the Executive Session to only those specifically stated in the motion. No action agreed to in Executive Session shall become effective unless the Board of Trustees reconvenes in open meeting, reasonably identifies the subject matter, and votes on it.
8.5 Member’s Annual Meeting. The Member’s Annual Meeting shall be held in May of each year beginning at 10:00 o’clock a.m. on Sunday of the holiday weekend observing Memorial Day. The meeting shall be held at the Ponderosa Clubhouse, or at an alternative location within Ponderosa Estates accessible to the members if the Clubhouse is not available. Members are to be notified of the date, time, place and planned agenda of the meeting by mail at the address on the most current membership record not less than thirty (30) days, nor more than sixty (60) days prior to the meeting.
8.6 Member’s Special Meeting. Member’s Special Meetings may be called by the Board of Trustees, or by written petition of the members presented to the President. The petition must be signed by at least fifty (50) members in good standing, must be accompanied by a deposit, and must conform to the meeting notification requirements of Section 8.5 of these Bylaws. The amount of the deposit shall be determined by the Board of Trustees, but shall not exceed the cost of printing and mailing the meeting notification. All members in good standing who are in attendance at the Special meeting shall determine by motion and vote whether or not the subject of the meeting was of sufficient importance and general membership interest to support full or partial refund of the deposit.
9. QUORUM
9.1 Quorum. No Corporation business may be conducted without a quorum.
9.2 Board of Trustee’s Meetings Quorum. Eighty percent (80%) attendance (as defined in Section 6, REMOVAL OF A TRUSTEE in these Bylaws) of Trustees shall constitute a quorum for all Board of Trustee’s meeting, except when there are two (2) or more vacancies on the Board of Trustees to be filled by appointment.
9.3 Member’s Meetings Quorum. Attendance of a minimum of fifty (50) members in good standing shall constitute a quorum for all member’s meetings.
10. VOTING
10.1 Voting Limitation. Each member in good standing is entitled to one vote only, regardless of the number of lots owned within Ponderosa Estates. The Board of Trustees shall devise a system of voting which precludes voting by a delinquent member or voting by more than one person falling within the definition of a single member. There shall be no voting by proxy. Members may not vote during Board of Trustee meetings unless asked by the Board of Trustees for an advisory-only vote.
10.2 Ballot Mailing. Paper ballots must be mailed to all members in good standing on major issues. Paper ballots shall be cast at a legal meeting for that purpose by following mail-in and hand-carry-in procedures to be established by the Board of Trustees.
10.2.1 Ballot Requirements. The following issues require paper ballots to be mailed to each member in good standing, along with a printed explanation of the issue(s) and a pre-addressed return envelope to accomodate the return of the ballot:
- Votes on election of, or removal of Trustees;
- Votes on budgets;
- Votes on special assessments;
- Votes on amending these By-laws;
- Votes on other issues deemed by the Board of Trustees to be of major importance to the general membership.
10.3 Voting At Member’s Meetings. At Member’s meetings, all issues brought to a vote shall be decided by a simple majority of votes cast by members in good standing, except the following issues, which require higher percentages for passage:
- Votes for the purpose of removing a Trustee (see Section 6, REMOVAL OF A TRUSTEE); and
- Votes on amending these By-laws (see Section 25, AMENDMENTS).
10.4 Voting At Board of Trustee’s Meetings. Only Trustees may vote during Board of Trustee meetings, except that the Board of Trustees may call for an advisory vote of the members in attendance at its discretion. All issues brought to a vote shall be decided by a simple majority of votes cast, however, if the agenda of any meeting of the Board of Trustees includes the counting of paper ballots from the members, the requirements of notice in MEETINGS Section 8.5, and of VOTING Section 10 must be met for the issues involving the paper ballots.
11. FISCAL YEAR
11.1 Fiscal Year. The Corporation’s fiscal year shall be the calendar year.
12. AUDITS AND REVIEWS
12.1 Annual Review. The financial records of the Corporation shall be reviewed by an independent Certified Public Accountant as soon after the Annual Member’s Meeting (Memorial Day weekend) as is practicable. The results shall be presented at the September Board of Trustee’s Regular Business Meeting and shall be published in the next newsletter following the review.
12.2 Audit. Every seventh (7th) year, the annual review shall be replaced by an audit of the Corporation’s financial records by an independent Certified Public Accountant. The timing of the audit and presentation and publication of results shall be done in accordance with Section 12.1 above.
13. STRATEGIC PLAN
13.1 Five-year Strategic Plan. The Board of Trustees shall establish a 5-year Strategic Plan in order to provide continuity to the budget planning and asset management functions of the corporation. The strategic plan shall be updated annually to eliminate those elements which have been completed, to modify unfinished elements in order to reflect current thinking, and to add new elements.
14. BUDGET
14.1 Annual Budget. At the Annual Member’s Meeting, the Board of Trustees shall present a budget for the coming fiscal year to the members for approval. The budget shall include planned expenses for each line item of maintenance and operations and capital improvements expense, as well as an allocation of the total of these expenses to each lot. (See Section 15, MAINTENANCE & OPERATIONS DUES). The budget shall not include a profit, but shall include reserve funds as described below. If the budget proposal is not approved by the members, the budget last approved by the membership shall remain in effect. However, a new budget proposal may be prepared and presented to the members for adoption at a meeting called for that purpose.
14.1.1 Maintenance & Operations Reserve Fund. The annual budget for the fiscal year shall include funding for a Maintenance & Operations Reserve Fund to cover unforseen maintenance and operations expenses which may arise during the fiscal year. The reserve fund shall be maintained in each annual budget so the money in the reserve fund, including unspent carryover funds from prior years, is equal to 10% of that fiscal year’s planned maintenance and operations expenses. Money from the designated Maintenance & Operations Reserve Fund may be spent by the Board of Trustees without prior submission for approval of the members.
14.1.2 Capital Improvements Reserve Fund. The annual budget for the fiscal year shall include funding for a Capital Improvements Reserve Fund in order to accumulate funds to finance future capital improvements needs. An amount shall be allocated in each annual budget equal to 10% of that fiscal year’s planned maintenance and operations expenses. The money from the Capital Improvements Reserve Fund shall only be spent after approval by the members, and the money approved by the members shall be transferred into a special account managed solely for that specific capital improvement in order to provide accountability and adequate money management.
Moratorium. A moratorium may be declared, one year at a time, on the accumulation of money into the Capital Improvements Reserve Fund when the Board of Trustees deem, and the members approve, that the Capital Improvements Reserve Fund has sufficient funds to meet the capital improvement needs forseen for the next five years as defined in the Budget & Finance Committee’s five-year plan.
14.2 Actual vs Budgeted Expenses. The Board of Trustees shall present a comparison of the actual expenses versus budgeted amounts for the prior fiscal year’s operation, with an explanation of substantial differences, at the Annual Member’s Meeting.
15. MAINTENANCE AND OPERATIONS DUES
15.1 Maintenance and Operations Dues. Annual maintenance and operations dues of the Corporation shall be allocated by the Board of Trustees by dividing the member-approved annual budget by the number of lots within Ponderosa Estates. If the members reject the Board of Trustees budget request, the annual maintenance and operations dues shall remain at the level allocated by the previous member-approved budget.
15.2 Per Lot. The annual maintenance and operations dues shall be levied against the individual lot, and shall be the same for all lots.
16. SPECIAL ASSESSMENTS
16.1 Assessments. The Board of Trustees may propose special assessments in order to carry out their responsibilities set forth in these By-laws and in any Corporation Operating Procedures. All special assessments shall be submitted for ratification by a vote of the members as outlined under Section 10, VOTING.
16.2 Per Lot. All special assessments shall be levied against the individual lot, and shall be identical for all lots.
16.3 Accountability. The Treasurer shall account for receipts and expenditures on Special assessments for specific purposes so project accountability can be maintained.
17. REFUNDS
17.1 Refunds. If a member shall transfer/convey/sell all or part of their holdings in Ponderosa Estates, any unexpired term covered by prepaid maintenance and operations dues, special assessments, or fees, shall transfer to the new member created by the transfer/conveyance/sale.
17.2 Unspent Special Assessments. Any unspent funds from a special assessment for a specific purpose shall be used to reduce the next annual budget request by transferring the unspent funds to the Corporation maintenance and operations account for that budget proposal.
18. BILLING, DELINQUENCIES AND NON-PAYMENT PENALTIES
18.1 Billing and Delinquencies. Maintenance and operations dues, and special assessments shall be billed by the Treasurer and shall be payable within thirty (30) days from the billing date. The Board of Trustees may elect to split any billing into equal increments with different due dates in order to ease the financial burden placed on the members.
18.2 Non-Payment Penalties. The Board of Trustees shall establish reasonable and adequate penalties to be assessed against delinquent accounts in order to insure collection of the delinquent accounts and any costs of rebilling and collection.
18.3 Liens and Foreclosures. If the dues and/or special assessments are not paid within ninety (90) days from the billing date, the Corporation shall file a lien upon the lot upon which the dues or assessment was levied. Said lien shall be filed in the Office of the Chelan County Auditor. The lien may be foreclosed and enforced by a civil action in the Chelan County Superior Court in the manner prescribed for judicial foreclosure. The Chelan County Superior Court shall have the power to order the sale of the property upon which the lien attaches. In any action to foreclose the lien, the owner of the real property shall be joined as a party. The Corporation shall be awarded all fees and costs incurred in filing and foreclosing the lien, including reasonable attorney’s fees.
19. WATER
19.1 Potable Water and Hook-up Fee. The Corporation, and only the Corporation, shall provide a supply of potable water which meets County and State health, environmental and fire codes to every member in good standing who requires it. The Corporation shall provide water hookup service to any lot within the boundaries of Ponderosa Estates when requested, subject to a reasonable hookup fee to be established by the Board of Trustees.
19.2 Right of Inspection. By acceptance of water service, the member grants the Board of Trustees and its agents the right to inspect the member’s water system as often as reasonably necessary to assure conformance with health and safety standards and compliance with the Ponderosa Community Club’s Bylaws, Operating Procedures, Covenants, and Rules & Regulations.
19.3 Water Connection Approval. There shall be no connection to the Corporation’s water system without the express approval of the Board of Trustees, nor shall anyone but the Corporation make such a connection.
19.4 Use of Ponderosa Water Outside the Ponderosa. Water from the Corporation’s water system shall not be used outside the boundaries of Ponderosa Estates for any reason, except for fire emergencies.
19.5 Violation Penalties. Any violation of any of the provisions of this section shall result in penalties to be established by the Board of Trustees, which shall include immediate loss of member in good standing status and may include termination of water service.
20. ROADS
20.1 Roads and Responsibility for Safety. The Corporation shall provide and maintain a system of roads, including ditches, within Ponderosa Estates which is safe for travel year-round. This Section recognizes that safety is a shared responsibility, and that use of Ponderosa Estate’s roads requires vehicle operator’s and pedestrian’s assumption of responsibility for personal safety which is appropriate to environmental conditions.
20.2 Camp 12 Road. This Section also recognizes that Camp 12 Road is a county road and subject to the jurisdiction of Chelan County.
21. GREENBELTS AND RANCH RESERVES
21.1 Greenbelts and Ranch Reserves. Greenbelts and Ranch Reserves shall be managed and maintained in as natural a state as possible in order to protect and preserve the natural ecosytem (habitat and wildlife); to provide visual and physical separation between lots; and to provide for the enjoyment, education and social enrichment of the members. Greenbelts and Ranch Reserves shall not be:
- Sold, conveyed, transferred, or exchanged;
- Encroached upon by any member’s private property;
- Altered in any way from their natural state, except for the following purposes:
a) Safety; that is removal of wood, trees or brush deemed to be hazardous by the Chelan County Fire Department or the Board of Trustees;
b) Environmental management; that is, restoration of the natural environment and enhancement of wildlife habitat, including promotion of healthy growth;
c) Corporation operations; that is minimal development, and only as necessary, to accomodate the operational requirements of the Corporation (e.g. fire alarm and underground water and underground electrical supply needs); or
d) Community enrichment; that is, provision for non-disruptive, low impact, non-motorized, community interaction and enrichment opportunities as deemed appropriate by the members (e.g. walking/interpretive trails).
22. BOOKS AND RECORDS
22.1 Retention and Preservation. The Secretary shall retain and preserve all papers, instruments and documents of the Corporation so they may be readily inspected at any reasonable time and copies made, at their own expense, by any member in good standing. Access to documents involved in litigation may be restricted by the Board of Trustees during the period(s) public access might be detrimental to the Corporation.
22.2 Safe Deposit Box. Deeds, titles, easements, water and mineral rights, mortgages, loans, legal settlements, certificates of deposit and similar documents may be designated by the Board of Trustees for storage in a safety deposit box.
22.3 Originals and Inventory Control. Originals may not be removed from the designated location, except when required by the Board of Trustees for litigation, sale, transfer, conveyance, financial auditing, or similar need when only the original documentation will suffice. A written log of removals and returns shall be maintained by the Secretary for inventory control.
23. INDEMNIFICATION AND HOLD HARMLESS
23.1 Indemnification and Hold Harmless. In consideration of his/her service to the Corporation, each Trustee is hereby held harmless by the Corporation against, and shall be reimbursed by the Corporation for, all expenses reasonably incurred or paid by him/her in connection with any action, suit or proceeding, including but not limited to attorney’s fees, court costs, auditing fees and/or investigation costs in which he/she is made a party by reason of his/her being or having been a Trustee of the Corporation. In addition, the Corporation does hereby indemnify and hold harmless each Trustee in any such action, suit or proceeding above described, against all and each and every judgment or award made in such action, except only such judgments or awards which shall be rendered against him/her for any act(s) or omission(s) that involve intentional misconduct or a knowing violation of a law, or for any transaction from which the Trustee will personally receive a benefit in money, property, or services to which the Trustee is not legally entitled.
24. DISSOLUTION OF THE CORPORATION
24.1 Sale of Property and Easements. Upon the dissolution of the Corporation, the Corporation property shall be sold according to law and the proceeds divided ratably among the real estate lots within Ponderosa Estates, subject to outstanding debts owed the corporation. In that event, community realty abutting on the river shall be sold subject to preservation of adequate permanent easements granting public access to the river.
25. AMENDMENTS
25.1 Amending the Bylaws. These By-laws may be repealed, amended, or new By-laws adopted, by the Board of Trustees mailing the proposal and a ballot form to all members in good standing at the address on the most current membership record. The mailing shall state the vote shall be decided by:
a) A majority of those paper ballots cast at the meeting in which the vote is to be taken, having been hand-carried to the meeting or received in the mail bearing a postmark no later than the vote expiry date established in Section 25.2 below; and only if
b) No less than forty (40%) of those members to whom the proposal and ballot forms were mailed actually vote.
25.2 Mailing Requirements. The mailing to the members will be deemed to have been delivered five (5) business days, including Saturday, after receipt by the Postal Service, and the vote expiry date shall be thirty-five (35) days, excluding Sundays, from the deemed date of delivery.
|