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A Covenant Protected Community |
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By-Laws The Peoria Park bylaws may be viewed below, or in an Adobe Acrobat format (.pdf). Click here if you need the free Adobe Acrobat Reader.
BY-LAWS
OF THE PEORIA
PARK CIVIC ASSOCIATION, Inc. TABLE
OF CONTENTS ARTICLE
II: PURPOSE AND POLICY
Section
1. Who May Become A Member
Section
2. How To Become A Member
ARTICLE
IV: ELECTION OF DIRECTORS, VOTING AND PROXIES
Section
1. Election of Directors
Section
1. Number and Term of Directors
Section
2. Power of the Board of Directors
Section
3. Election of Officers
Section
4. Vacancies/Resignation
Section
6. Rules of Parliamentary Procedure
ARTICLE
VIII: STANDING AND WORKING COMMITTEES
Section
2. Civic Improvement Committee
Section
3. Newsletter Committee
Section
4. Dues Collection Committee
Section
5. Nomination Committee
Section
6. Neighborhood Watch Committee
Section
7. Neighborhood Liaison Committee
Section
8. Additional Working Committees
ARTICLE
IX: PROHIBITION AGAINST SHARING IN ASSOCIATION EARNINGS
ARTICLE
XI: AMENDMENT OF BY-LAWS
BY-LAWS OF THE PEORIA PARK
CIVIC ASSOCIATION, Inc. Revised and
Amended 4/23/02 ARTICLE
I: NAME AND AUTHORITY
Section
1. Organization Name
The name of this organization shall be the Peoria Park Civic
Association, Inc.. Hereafter referred to as the “Association.” Section
2. Incorporated
The Peoria Park Civic Association is a non-profit corporation
incorporated in the State of Colorado. ARTICLE
II: PURPOSE AND POLICY
Section
1. Purpose
The mission of the Peoria Park Civic Association is to enrich
the homeowners’ community experience by promoting a strong social connection;
to make Peoria Park a desirable and safe community; and to make proactive
decisions regarding Peoria Park and the surrounding community. Section
2. Goals
A.
Interests of Residents
The Association will protect and promote the best interests of
the residents of Peoria Park. B.
Relationship of Residents
The Association will promote a better community and civic
spirit, pride, and foster good will and friendship among the residents of the
community. C.
Actions
The Association will provide a means for the exchange of
ideas, suggestions, and complaints; investigation and action in the areas of
government, education, recreation and civic concerns. D.
Affiliations
The Association may affiliate, assist and/or encourage other
organizations with similar purposes, if deemed necessary for the promotion of
common objectives E.
Communications
The Association will disseminate information and news in any
manner deemed necessary to keep the membership alert and well informed, within a
budget pre-approved by the Directors. F.
Awareness of Covenants
The Association will be responsible for developing an
awareness of the Peoria Park covenants (and all subsequent filed amendments for
filings 1, 2 and 3) registered with Arapahoe County in 1978 by the Centex
Corporation and included in the deed of each Peoria Park property. The covenants
are the duly recorded instrument for administration and supervision of an
Architectural Committee and for enforcement of covenants and restrictions
pertaining to the land. G.
Architectural Committee
Refer to Declaration of Protective Covenants, Conditions and
Restrictions in Peoria Park Subdivision - Filing no's. 1, 2 & 3 and all
subsequent filed amendments Section
3. Policy
The Association shall be a non-profit, non-commercial,
non-partisan, non-racial, and non-sectarian organization. ARTICLE
III: MEMBERS
Section
1. Who May Become A Member
Any adult of any household owning, leasing or renting property
in Peoria Park community is eligible to become a member of the Association. Section
2. How To Become A Member
Membership in the Association is available by compliance with
Section 1 above, complete application and the payment of the annual dues to the
Association. Section
3. Rights of Members
Any member in good standing shall be entitled to all rights
and privileges of the Association, including the rights to vote and hold
elective and appointive office to the Association's Board of Directors or
committees, other than the Architectural Committee. Voting privileges, except
for the Architectural Committee, are limited to members in good standing, which
status includes, but is not limited to the timely payment of dues (See Article
III, Section 4). Section
4. Dues
The amount of the dues shall be determined by the Board of
Directors at the regular April meeting. Dues are payable at any time during the
year, are not pro-rated for part of a year, and cover the period March 15 to
March 15. Dues are to be limited to $10.00/household until March 15, 2003 at
which point they will be raised to $20.00/household. ARTICLE
IV: ELECTION OF DIRECTORS, VOTING AND PROXIES
Section
1. Election of Directors
At the regular April meeting of Association, members in good
standing of the Association are requested and encouraged to attend and exercise
their right and privilege to vote on candidates for the Association’s Board of
Directors. A Director shall be elected by majority vote. Section
2. Voting
Only members in good standing, as substantiated by a roster
maintained by the Treasurer, shall be voting members of the Association. Voting
shall be by show of hands, unless a secret ballot is requested. Each household
has one vote. Section
3. Proxies
No voting member shall be permitted to vote by proxy for
election of Directors or on any subject submitted to vote. Absentee votes are
not considered proxies and are therefore acceptable, but must be submitted in
writing to the President of the Association no earlier than ten (10) days prior
to the date on which the vote is taken. Section
4. Absentee Voting
Any voting for election of Directors or any subject submitted
for a vote can be handled in person, by mail, or by hand delivery of an absentee
vote. This vote must be received, by the President, at least one day prior to
the meeting but cannot be received more than ten (10) days prior to the day on
which the vote is taken. ARTICLE
V: DIRECTORS
Section
1. Number and Term of Directors
The Board of Directors shall consist of the President,
Vice-President, Secretary and Treasurer, and three (3) other members in good
standing. Each Director shall be elected for a term of one (1) year: A Director
must be a member in good standing for the term of his/her office and at the time
of election. When this qualification ceases to exist, the President of the Board
of Directors shall declare the office vacant at the next regular meeting of the
Board. Section
2. Power of the Board of Directors
The board of directors is vested with the power to supervise
and administer the business, property and affairs of the Association, except as
otherwise provided in the Colorado Act. The business and property of the
Association is listed by addendum incorporated by reference and attachment. Section
3. Election of Officers
The Board of Directors shall elect a President, a
Vice-President, a Secretary and a Treasurer from among the members of the Board
at the regular April meeting. The officers elected will take office immediately
upon being elected and serve for a term of one (1) year. Nothing herein shall be
construed to prevent the election of an officer to succeed himself or herself. Section
4. Vacancies/Resignation
In the event that a vacancy shall arise on the Board of
Directors, the remaining Directors shall elect a member of the Association to
fill such vacancy within 60 days. Any member of the Board of Directors may
resign upon written notice to the Secretary of the Association, and the
President at the next regular meeting of the Board will declare such resigning
member’s position on the Board vacant. Section
5. Recall
A Director may be recalled by a two-thirds (2/3) vote of the
total Association membership present at any regular or special meeting. An
officer may be recalled by a two-thirds (2/3) vote of the Directors. Notice will
be given in writing ten (10) days prior to the recall vote. The recall will be
performed without prejudice and the recalled individual will in no way hold
others liable. Section
6. Attendance
If a Director is absent from three (3) consecutive meetings,
and sufficient cause is not presented by that Director at the fourth (4th)
regular meeting, such Director's position shall be declared vacant by the
President and the vacancy thereby created shall be filled as provided in Section
4 above. Section
7. Compensation
The officers or Board of Directors shall not receive any
stated salary for their services as such. Section
8. Liability
Each member off the Association agrees to hold all
Directors and officers harmless for any acts or omissions done in good faith
arising out of his/her service. The Association also claims, on behalf of the
Directors, protections including, but not limited to, the Colorado Revised
Statutes Annotated Paragraph 13-21-115.5 also known as the “Volunteer Service
Act.” ARTICLE
VI: OFFICERS
Section
1. President
The President shall be selected by and from the membership of
the Board of Directors. It shall he the duty of the President to call all
meetings of the Board of Directors of the Association; to enforce the By-Laws of
the Association; to appoint committees as provided in ARTICLE VIII of these
By-Laws; to see that all orders and resolutions of the Board of Directors are
completed; shall be a ex-officio member of all committees; shall act as a spoke
person for the Association and appear on its behalf before other organizations;
shall have the general powers and duties of supervision and management usually
vested in the office of President of a corporation. Section
2. Vice-President
Thee Vice-President shall be selected by and from the
membership of the Board of Directors. It shall be the duty of the Vice-President
to perform the duties and exercise the powers of the President during the
absence or disability of the President. The Vice-President shall be the
chairperson of the newsletter committee and shall perform other duties as may be
assigned by the President or by the Board of Directors. Section
3. Secretary
The Secretary shall be selected by and from the membership of
the Board of Directors. It shall be the duty of the Secretary to give notice of
all meetings; to attend all meetings and keep true minutes of the proceedings of
all such meetings. The Secretary shall perform such other duties as may be
delegated by the Board of Directors, including filing reports with Colorado
Secretary of State and any other government agencies or entities as required by
law, and shall be the person of record for official correspondence addressed to
or for the Association. Section
4. Treasurer
The Treasurer shall be selected by and from the membership of
the Board of Directors. It shall be the duty of the Treasurer to receive all
dues and monies paid to the Association and to deposit the funds to the credit
of the Association in a bank approved by the Board of Directors; keep in books
belonging to the Association full and accurate accounts of all receipts and
disbursements; draw checks for expenses authorized by the Board of Directors; be
prepared to provide to the Directors at the regular meetings of the Board of
Directors or whenever requested, an account of all financial transactions of the
Association; submit an Annual Report of receipts, expenditures and balance on
hand at the end of the fiscal year; maintain a roster, by street address, of all
residents who have paid dues during the fiscal year. The fiscal is equal to the
12 months beginning January 1 and ending December 31. The Treasurer shall
perform such other duties as may be delegated by the Board of Directors. ARTICLE
VII: MEETINGS
Section
1. Board of Directors
The Board of Directors shall meet monthly at such time and
place as directed by the President. These meetings are open to all members of
the Association. Section
2. Association
The Association will meet semi-annually in April and
September. Notification of the meeting will be given by newsletter at least
seven (7) days in advance. Section
3. Special Meetings
A special meeting of the Board of Directors and/or Association
may be called at any time by the President, or by a majority of the Board of
Directors, or when requested in writing by ten percent (10%) of the membership
of the Association. Such special meetings will transact only the business for
which such a special meeting is called. Notice of any special meeting will be
given by written notice within seven (7) days of the proposed meeting. Section
4. Order of Business
The order of business at regular meetings of the Board of
Directors shall be as follows: 1 Call to Order 2 Attendance Roster 3 Reading of Minutes of Previous Meeting 4 Report of Treasurer 5 Reports of Committees 6 Report of President 7 Old Business 8 New Business 9 Adjournment Section
5. Quorum
A majority of the filled positions of the Board of Directors
shall constitute a quorum of the Board of Directors. One third (1/3) of the
membership of the Association shall constitute a quorum of the Association. Section
6. Rules of Parliamentary Procedure
The rules of parliamentary procedure contained in Robert's
Rules of Order (revised) shall govern all meetings of the Board of Directors
and/or Association. ARTICLE
VIII: STANDING AND WORKING COMMITTEES
Section
1. Zoning Committee
At the regular April meeting of the Board of Directors, each
year, the President shall appoint a Zoning Committee. It shall be the duty of
the Zoning Committee to watch for, obtain information on and recommend action to
the Board of Directors concerning any request for zoning change or variance in
the Peoria Park area or immediate surrounding area. A one page written report
will be delivered to the Board at the following April meeting. Section
2. Civic Improvement Committee
At the regular April meeting of the Board of Directors, each
year, the President shall appoint a Civic Improvement Committee. It shall be the
duty of the Civic Improvement Committee to observe ways and means to maintain
and/or improve the parks, recreational facilities and other areas of interest in
the community. A one-page written report will be delivered to the Board at the
following April meeting. Section
3. Newsletter Committee
At the regular April meeting of the Board of Directors, each
year, the President shall appoint a Newsletter Committee. It shall be the duty
of the Newsletter Committee to obtain, assemble and publish a quarterly, or
special newsletter, within the budget approved by the Directors, for
distribution to all residents of the Peoria Park community. The objective of
such newsletter is to keep residents informed of the activities of the
Association and other information of interest to the residents. A one page
written report will be delivered to the Board at the following April meeting. Section
4. Dues Collection Committee
At the regular April meeting of the Board of Directors, each
year, the Treasurer shall assign each Director to a designated area in the
Peoria Park community. It shall be the duty of the Director to contact each
residence in that Director’s area to collect the membership dues assessed by
the Association for the fiscal year. All dues collected and addresses of those
who pay dues will be submitted to the Association Treasurer. A one page written
report will be delivered to the Board at the following April meeting. Section
5. Nomination Committee
At the regular March meeting of the Board of Directors, each
year, the President shall appoint a Nomination Committee consisting of at least
three (3) members of the Board of Directors. It shall be the duty of the
Nomination Committee to nominate candidates for the Association Board of
Directors positions at the regular April Association meeting. Nothing in the
By-Laws shall prevent the nomination of candidates for these positions when
properly made from the floor. Also, nothing herein shall be construed to prevent
the nomination of a board of Director member to succeed himself or herself. Section
6. Neighborhood Watch Committee
At the regular April meeting of the Board of Directors, each
year, the President shall appoint a Neighborhood Watch Committee. It shall be
the duty of the Neighborhood Watch Committee to watch for, obtain information on
and recommend action to the Board of Directors concerning any aspect of the
City’s Neighborhood Watch Program. A one page written report will be delivered
to the Board at the following April meeting. Section
7. Neighborhood Liaison Committee
At the regular April meeting of the Board of Directors, each
year, the President shall appoint a Neighborhood Liaison Committee. It shall be
the duty of the Neighborhood Liaison Committee to maintain relations and enforce
agreements with neighboring communities, organization or entities. Section
8. Additional Working Committees
The Board of Directors shall have the power to make and alter
any By-Law(s) pertaining to abolishing a Working Committee or to provide for the
formation of Working Committees. ARTICLE
IX: PROHIBITION AGAINST SHARING IN ASSOCIATION EARNINGS
No member, Director, Officer, or volunteer of a committee, or
person connected with the Association shall receive at any time, any of the net
earnings or profit from the operations of said corporation, provided that this
will not prevent the payment to any such person of such reasonable compensation
for service rendered to or for the Association; and no such person(s) shall be
entitled to share in the distribution of any assets upon the dissolution of the
Association. All members of the Association shall be deemed to have expressly
consented and agreed that upon such dissolution or winding up of the affairs of
the Association, whether voluntary or involuntary, the assets of the
corporation, after all debts have been satisfied, the remaining in the hands of
the Board of Directors shall be distributed, transferred, conveyed, delivered,
and paid over, in such amounts as the Board of Directors may determine or may be
determined by a court of competent jurisdiction upon application the Board of
Directors, exclusively to charitable, religious, scientific, literary or
educational organization. ARTICLE
X: EXEMPT ACTIVITIES
Notwithstanding any other provisions of the Bylaws, no member,
Director, Officer, volunteer or representative of the Association shall take
action or carry on any activity by or on behalf of the Association not permitted
to be taken or carried on by a non-profit organization. ARTICLE
XI: AMENDMENT OF BY-LAWS
These By-Laws may be amended, altered, changed, added-to or
repealed at any regular or special meeting of the Board of Directors by a
two-thirds (2/3) vote of the members of the Association present at such meeting,
provided that notice of the proposed action has been given to all voting members
at least thirty (30) days prior to the meeting at which such action is to be
taken.
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