Bylaws of Canterbury Homeowners Association
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April 1,1992 (Revised 2/21/05, 10/5/2021)
Section 1. Name: This organization shall be known as the Canterbury Homeowners Association.
Section 2. Purpose: This Association is organized to:
a. Establish and maintain an organization to promote the general welfare of the residents of Canterbury.
b. Assure a common bond among the area homeowners.
c. Provide a means for communication both within and without the area whereby our viewpoint is presented as a united voice to all individuals, organizations and government officials affecting our community.
d. To provide for maintenance, preservation, and architectural control of the community area including privately owned sites and community owned areas.
e. To assist in the enforcement of covenants, conditions, restrictions and equitable servitude affecting the area.
f. To make and enforce rules and regulations with respect to the use of privately owned and community owned areas.
g. Ensure representation in all matters, which may affect Canterbury residents and the surrounding community.
Section 3. Area Boundaries: The boundary shall include the area encompassing all homes in the
Canterbury Development, regardless of builder.
Section 4. Address: (Revised 2/21/05) The address of the Association shall be that of the President of the Association. However, all correspondence should be sent to the Post Office Box of the Association listed on the Canterbury newsletter.
Section 5. Fiscal Year: The Association’s fiscal year shall (Revised 10/5/2021) be a calendar year, starting January 1 and ending December 31.
Membership and Dues
Section 1. Qualifications: Each Homeowner living within the boundaries herein described is eligible for membership.
Section 2. Membership: Each dues paying family becomes a member of the Association and continues membership by paying annual dues. Membership is not transferable. Membership ceases when residence ends.
Section 3. Dues: Annual dues shall be recommended by the Board. Dues are payable within thirty days following the Annual Meeting. Dues are not refundable.
Section 4. Voting: Each dues paying family whose dues have been paid and are current prior to the Annual Meeting is entitled to one vote on each issue the Annual Meeting and at Special General Meetings, which may be called.
Section 5. New Member Dues: New residents desiring membership shall pay dues on a prorated basis computed using the number of months remaining in the fiscal year of the Association.
Meetings and Elections
Section 1. Annual Meeting: The Annual Meeting of this Association shall be held in October or November each year, with the date to be determined by the Board. All residents shall be notified in the newsletter in the issue prior to the date of the Annual Meeting.
Section 2. Special General Meetings: (Revised 2/21/05) Special meetings may be called by a majority of the board, or by 10% of the membership of the Association. Special meetings require notification with 3 neighborhood signboards, using a minimum of 1.5 inch high black print on a white background, located in 3 separate prominent community positions with a minimum of three days advance posting.
Section 3. Board of Directors Meetings: The board of Directors shall meet monthly. All meetings shall be open to all members of the Association.
Section 4. Elections: The Board of Directors shall consist of eight members. The President shall be non-voting, except in the case of ties. The Directors shall be elected at the Annual Meeting and shall serve a term of two years. Officers shall be elected from the Board of Directors and shall serve a term of one year.
Section 5. Candidates: Any Association member is eligible to be a candidate. The Board shall appoint a three-member committee, which shall introduce a slate of candidates at the Annual Meeting. Nominations shall also be permitted from the floor.
Section 6. Vacancy: Any vacancy shall be filled by a dues paying member of the Association selected by the Board and elected by a majority vote of the Board.
Section 7. Removal and Resignation: Any Director may be removed at any time by vote of the majority ol the Board or by 80% of the membership. Any Director may resign at any time by giving written notice to the Board. Acceptance of the resignation shall not be necessary to make it effective.
Section 8. Quorum: (Revised 2/21/05) A quorum shall be five members of the Board during the Board of Directors monthly meetings, and 10% of the members of the HOA at Annual and Special meetings.
Section 9. Procedures of Business at Meetings: The procedures at all meetings shall be governed by Roberts Rules of Order.
Duties, Responsibilities, Powers of The Board of Directors and Officers
Section 1. President: The President shall be elected bv the Board bv a majority vote. He/she shall preside at all meetings and see that all orders and resolutions of the Board are carried into effect.
Section 2. Vice-President: The Vice-President shall be elected by the Board by a majority vote. He/she shall preside at all meetings in the absence of the President. The Vice-President shall be responsible for the functioning of all committees deemed necessary by the Board.
Section 3. Secretary: The Secretary shall be elected by the Board by a majority vote. He/she shall record the proceedings of all the meetings, and shall prepare and distribute written notice and reports as requested by the Board. The minutes of all meetings shall be in the care of the Secretary and shall be open to the membership of the Association.
Section 4. Treasurer: The Treasurer shall be elected by the Board by a majority vote. He/she shall handle the financial matters requested by the Board and shall receive and disburse all monies as authorized by the Board. The Treasurer shall prepare an Annual Financial Statement which shall be submitted to the membership at the Annual Meeting. The financial records of the Association shall be in the Treasurer’s care and shall be open to the membership of the Association. (Revised 2/21/05) Checks over $500.00 shall bear the signature of two officers of the Board.
New By-Laws and Amendments
Section 1. New By-Laws and Amendments: Additional By-Laws and Amendments to these By-Laws may be made in any of the following ways:
a. at the Annual Meeting as prescribed in these By-Laws.
b. at a Special General Meeting called by the (Association) as described in these By-Laws.
c. by ballots sent to all members. This requires prior approval of the Board. When using this method, all ballots must be returned to the Secretary within 30 days in order to be counted. The Secretary shall count all ballots and report the results to the Board. Any new By-Law or Amendment shall be considered adopted which receives an affirmative vote from the majority of votes cast.
Section 2. Review of By-Laws: The Board shall be required to review the By-Laws of the Association. This review shall be conducted at the first Board meeting after the Annual Meeting. Any changes shall be submitted to the membership for ratification, with ballots for ratification/rejection being issued in the Canterbury Tales. The Secretary shall count all ballots and report results to the Board and to the membership. Any changes made by this method shall be effective October I in the year the changes are ratified.
The Canterbury Homeowners Association By-Laws have been accepted by the 1992 Board of Directors effective April 1. 1992.
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Amendment to the CHOA By-Laws Approved October 2009
Since the CHOA has seen continued difficulty in the annual search for new CHOA board members, it is necessary to allow for a CHOA board numbering less than 8 members, as called out in Article III, Section 4 of the CHOA By-Laws.
Article V, Section 1 of the by-laws allows for By-Law amendments at the annual meeting with a majority vote of members present. This allows for this proposal to be submitted and voted upon at the annual meeting (Approved Oct 2009 Meeting).
Article V Section 1.New By-Laws and Amendments: Additional By-Laws and Amendments to these By-Laws may be made in any of the following ways:
a. at the Annual Meeting as prescribed in these By-Laws.
Further, with a CHOA board of less than 8 members, it is necessary for the board to conduct business with less than five members present as called out in Article III, Section 8.
Article III, section 4, will be amended as follows:
From: “The Board of Directors shall consist of eight members”
To: “The Board of Directors shall consist of at least four and no more than eight members.”
Article III, Section 8, will be amended as follows:
From: “A quorum shall be five members of the Board during the Board of Directors monthly meetings, and 10% of the members of the HOA at Annual and Special meetings.”
To: “A quorum shall be 51% of members of the Board during the Board of Directors monthly meetings, and 10% of the members of the HOA at Annual and Special meetings.”
Amendment of the By-laws approved October 2009 (PDF)