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Apr. 25 - Board meeting at 7 p.m. at the Country Club
Part 3 - Governance
PART THREE: GOVERNANCEARTICLE XBOARD POWER LIMITATIONS
The BOARD OF DIRECTORS shall not assign to any COMMITTEE, executive or otherwise, any of its authority or fiduciary responsibility. This ARTICLE shall be amended only by following the procedures described in these Bylaws.
ARTICLE XIBY-LAWS AND RULES AND REGULATIONS
These By-Laws rescind and declare void any prior By-Laws of the ASSOCIATION and Code of Regulations, so called. Henceforth, only these By-Laws shall be the By-Laws of the ASSOCIATION as well as the Rules and Regulations adopted by the ASSOCIATION for the conduct of the individual AMENITIES comprising the COMMON AREA. The Rules and Regulations shall be designated as such "AQUIA HARBOUR PROPERTY OWNERS ASSOCIATION, INC. RULES AND REGULATIONS PERTAINING TO _________________________" and only those Rules and Regulations adopted by the BOARD OF DIRECTORS of the ASSOCIATION shall be legally binding and enforceable against all members in the ASSOCIATION.
ARTICLE XIIHOW TO AMEND THE BYLAWS
SECTION 1. Only an ACTIVE MEMBER of the Association in good standing may propose an amendment to these Bylaws. The right to amend, delete or add to these Bylaws is the prerogative of the membership only. Neither the Board of Directors nor any instrumentality thereof, employed, elected or appointed shall arrogate this right while representing the Association. All proposed amendments shall be fully processed in accordance with these Bylaws.
SECTION 2. Any proposed amendment shall be submitted in writing to the BOARD OF DIRECTORS, together with a short statement, not to exceed 100 words, of the reasons for the proposed amendment. The BOARD OF DIRECTORS, at its next regular meeting, shall direct the entering of the fact of such receipt in the records of the corporation and forward the proposed amendment to the Bylaws Committee. Only one (1) proposed amendment of any article of these Bylaws shall be submitted for a vote to the ACTIVE MEMBERS of the Association at one time. Should more than one proposal to amend the
same Article of the Bylaws (or Section of a Bylaw) be made at the same time the differences SHALL be reconciled by the Bylaws Committee and then forwarded to the Board. Neither the Board nor any of its instrumentalities shall amend or otherwise change such proposal(s) without explicit approval of the author(s).
SECTION 3. The Bylaws Committee shall review the proposed amendment and the reasons adduced for its adoption. The Committee shall afford the proposer the opportunity to address the Committee on behalf of the proposed amendment. The Board of Directors shall publish the proposed amendment in a publication with a general circulation within the Association and allow thirty (30) calendar days from the date of such publication for comments by the MEMBERS in good standing. Any such comments must be in writing and forwarded to the Bylaws Committee. The Bylaws Committee shall hold a public hearing within ten (10) calendar days following the expiration of the thirty (30) day period for the purpose of discussion and questions with the ACTIVE MEMBERS who submitted comments. Such hearing date shall be included with the publication of the proposed amendment/s/.
SECTION 4. Within Fifteen (15) days after the hearing on the comments submitted by the MEMBERS in good standing, the Bylaws Committee shall submit its report thereon in writing to the BOARD OF DIRECTORS. Such report shall include (a) the proposed amendment, exactly as originally submitted by the proposer or as later amended with the proposer's consent; (b) the proposer's statement of the reasons for the proposed amendment; and (c) a recommendation for or against adoption of the proposed amendment and/or any suggested changes or alternatives thereto. In the event the Committee does not submit its report within Fifteen (15) days following the hearing on the proposed amendment/s/, the proposed amendment/s/ shall be submitted to the BOARD and the procedures of Section 5 followed. Proposals to amend shall include the present language, proposed change and why the change is desirable.
SECTION 5. After receipt of the Bylaws Committee report, the BOARD OF DIRECTORS shall, not later than the second regular meeting (a) approve by majority vote the proposed amendment as originally submitted and submit it to all property owners with the next regularly scheduled mailing of the POA with a proxy for voting or (b) approve by majority vote a revised version of the amendment, submitting it to all property owners after a delay of 28 days with the next regularly scheduled mailing of the POA with a proxy for voting or (c) disapprove of any version of the amendment. In situation (b) or (c) above, the proposer of the amendment will be notified by the BOARD OF DIRECTORS that signatures of Fifty (50) active members in good standing, as of the date of rejection, are required within Twenty-eight (28) days of the rejection. If the required signatures are obtained, the proposed amendment shall be submitted along with the BOARD OF DIRECTORS version, if any, to all property owners with a proxy for voting at the next regularly scheduled mailing of the POA. The proposed amendment(s) when mailed to the property owners shall be accompanied by the statement from the proposer of the rationale for the proposed amendment as cited in Section 2 above and an explanation of the effects of either approving or disapproving the amendment from the BOARD OF DIRECTORS. The mailing of the proxy shall state the time period by which the proxy must be received and the date of the meeting. The time period shall be not less than Fifteen (15) days nor more than Forty-five (45) days. The mailing set forth above shall constitute a calling for a meeting of the membership.
SECTION 6. All balloting shall be in accordance with Articles XVIII and V except for the allotted time. Lack of a quorum shall be considered as rejection of the proposed amendment by the membership.
SECTION 7. Upon the closing of the balloting at the meeting of the members, all returned proxies shall be voted and counted by the Holders of Election. If a quorum is established and a twothirds majority of the votes are in favor of the amendment then the amendment shall be adopted and shall become effective immediately. The Holders of Election shall certify the results of the vote to the BOARD OF DIRECTORS, which shall direct the notification of all property owners of such results in the next regularly scheduled mailing to the POA.
ARTICLE XIIIPARLIAMENTARY AUTHORITY
The rules contained in the latest edition of Roberts' Rules of Order shall govern the ASSOCIATION in all cases to which they are applicable and in which they are not inconsistent with these Bylaws and any special rules of order the ASSOCIATION may adopt.