Whose purpose shall be:
To promote and stimulate knowledge and interest of homeowners and residents in matters pertaining to their community and their city government.
To work with officers of the City of Palm Bay and civic associations within Palm Bay in making ours a more desirable community in which to live.
To encourage active individual participation in all matters which affect the common good.
To take positive action on matters which affect the welfare and interests of the homeowners and other residents, including but not limited to deed restrictions, restrictive covenants, beauty canals, conservation, ecology, safety and zoning.
Article I Definitions
Section 1 Fiscal year shall be from January 1 though December 31.
Section 2. The annual meeting shall be the quarterly meeting held in December.
Section 3. A member in good standing is a member whose dues and fees are paid in full.
Section 4. The association Area is defines as that area of Palm Bay, Florida, which lies north of the MTDD Canal #1, south of the MTDD Canal #74, east of Minton Road and west of I-95. This area is referred to the city as Unit 45.
Article II Membership
Section 1. Membership shall be open to homeowners and landowners and/or their spouses holding legal title to property located in the Association Area. To be a member you must have paid the association yearly dues. As a member you are entitled to a vote - one vote per household.
Section 2. Dues shall be payable in advance to the treasurer of the Association at the beginning of the fiscal year.
Article III Meeting of Members
Section 1. A meeting of the membership of the Association shall be held at least once each quarter. Other meetings may be called by the president as needed or upon written request for such a meeting presented by at least five (5) members in good standing.
Section 2. Notice of any Special meeting of the association shall be sent by the secretary to all members at least one week in advance of the meeting date. The Meeting notice shall contain the agenda of the meeting.
Section 3. Ten percent of voting members shall constitute a quorum and shall be sufficient for the transactions of all business. Proxy votes may not be counted to obtain a quorum. If a quorum shall not be present, the members present shall have the power to adjourn and reconvene the meeting without notice other than announcement at the meeting until a quorum is present. Any business that was on the agenda of the original meeting may be carried forward until a quorum is obtained.
Article IV Board of Directors
Section 1. The property, business and affairs of the Association shall be managed and controlled by a Board of Directors consisting of Five Members, one of whom shall be the Immediate past President. Within this board shall be the following general officers, elected by the membership each year: President, Vice president, Secretary and Treasurer.
Section 2. The term of office for the four directors shall be three years, except that in the initial election two directors shall be drawn by lot to serve two years.
Section 3. Board members also serving as General Officers shall serve in that office for a term of one (1) year, and may not serve consecutively as an officer for more than three (3) terms, unless expressly voted upon for that specific office by a two-thirds (2/3) majority of the voting members and proxies present at the election meeting.
Section 4. At all meetings of the Board, the presence of at least Three of the Board shall be necessary to constitute a quorum, and shall be sufficient to transact business, except as may be otherwise provided by statute, or by the Certificate of Incorporation. If a quorum shall not be present at any meeting, the directors present may adjourn and reconvene the meeting without other than announcement at the meeting, until a quorum shall be present.
Section 5. If the Vice-president, Secretary, Treasurer is permanently unable to act, a member selected from and by the Board of Directors shall serve in that office for the remainder of that term.
Section 6. A 2/3 vote of the members can remove any board member at a special meeting called by the Board of Directors.
Article V Duties of the Officers
Section 1. Lockmar Estates Homeowners Association Organizational Structure:
Officers:
Standing Committee Members:
Section 2. Duties of the President
The President:
a) Shall be the presiding officer at all meetings of the Association, preserving order therein, and shall call special meetings of the membership or of the board of directors.
b) Shall appoint, with the approval of the board of directors, and have jurisdiction over all standing committees and the counsel for the association, and shall, at any meeting of the association or of the board of directors, appoint such special committees as may be necessary and/or expedient.
c) Shall represent the association on all civic matters except when such representation is specifically designated to a special committee appointed for that particular purpose.
d) Shall otherwise conduct the business affairs of the association and perform other duties normally considered as pertaining toe the office.
e) Shall serve as the Chairman of the Board of Directors.
Section 3. Duties of the Vice President
The Vice President:
a) [Shall assume the office of the President in the event of the President's absence, refusal or inability to act, or resignation.
b) Shall, in the absence of the President, be the presiding Officer at all meetings of the Association, preserving order therein, and shall call special meetings of the membership or of the Board of Directors.
c) Shall, in the absence of the President, appoint with the approval of the Board of Directors, and have jurisdiction over all standing committees and the Counsel for the association, and shall, at any meeting of the Association or of the Board of Directors, appoint such special committees as may be necessary and/or expedient.
d) Shall, in the absence of the President, represent the Association in all civic matters except when such representation is specifically designated to a special committee appointed for that particular purpose.
e) Shall, in the absence of the President, otherwise conduct the business affairs of the Association and perform other duties normally considered as pertaining to the office.
f) Shall, in the absence of the President, serve as the Chairman of the Board of Directors.
g) Or the President or the Vice-President shall approve all statements for expenditures previously authorized by the Association or the Board of Directors for payment by the Treasurer.
Section 4. Duties of the Secretary
The Secretary:
a) Shall keep minutes of all meetings of the membership and the board of directors. To be read at each succeeding meeting,
b) Shall maintain a record of the names, addresses, and telephone numbers of all members.
c) Shall handle correspondence to members and to parties outside the association.
d) Shall maintain a permanent file of all correspondence of the association, the Board of Directors, and the various committees, and shall be the official custodian of the stationery of the Association.
e) May receive whatever compensation the Board of Directors may prescribe.
Section 5. Duties of the Treasurer
The Treasurer:
a) Shall be responsible for handling the funds of the Association, keeping full and complete records of all receipts and disbursements, and preparing and filing financial reports of each Association meeting and annually, or at any other time called to do so by the board of Directors.
b) Shall keep a bank account at a chartered bank carrying Federal Deposit Insurance.
c) Shall be responsible for payment of all obligations and previously authorized by the Board of Directors or by the Members of the Association.
d) Shall be one of the signers of all checks of the Association except as provided in Article VII, Section 2, and shall otherwise transact any and all other duties normally pertaining to the office.
e) Shall prepare for the annual meeting a fiscal study report and budget estimate for the next year.
f) Shall complete an annual audit no later than thirty days after the election of the incoming Treasurer. The audit shall encompass, but not be limited to all monies received and disbursed, all property acquired or disposed of (hardware, software, signs, equipment, promotional items, etc.); and shall be performed by both the incoming and outgoing Treasurers. Both the incoming and outgoing Treasurer prior to turnover shall accept the results of the audit. The Board of Directors, upon acceptance of the results of the audit, must approve the turnover to the incoming Treasurer.
g) May receive whatever compensation the Board of Directors may prescribe."
Article VI Elections
Section 1. All officers and members of the Board of Directors shall be elected and installed at the Annual Meeting of the Association except as noted in Article IV, Section 5. They shall serve until their successors are duly elected and installed. Directors shall be elected by plurality.
Section 2. If a vacancy occurs, the Board of Directors at its next meeting shall, by approval of three fourths (3/4) of its remaining members, appoint a member of the Association in good standing to replace the said vacating Director until the next annual meeting of the Association. At that time, the membership will elect a Director to serve the unexpired term.
Section 3. Nominations for officers and Directors may be made from the floor, or sent earlier. All earlier submission must be sent to the President at PO Box 1387, Palm Bay, FL 32906 no later than 2 week before the election.
Article VII Funds
Section 1. The operating funds of the Association shall normally be obtained from annual membership dues and other voluntary donations or fundraisers. The annual dues shall be fees adopted by a majority vote of the members present at the annual meeting.
Section 2. All Checks, drafts, and other instruments for withdrawal and disbursement of monies shall be authorized by the Association's membership or by the board or directors. Each instrument shall bear the signatures of two (2) officers, one of whom shall be the Treasurer, or if unable to act, the Secretary.
Section 3. During the fourth quarter of the fiscal year, an audit report of the books of the Association shall be prepared by no less than two (2) non director members in good standing who are to be selected at large by the membership. This report will be presented at the annual meeting.
Article VIII Standing Committees
Section 1. The standing committees of the Association shall consist of : Membership, Zoning, Political Action, Activities and Neighborhood Watch.
Section 2. Other committees may be established as the membership or the Board of Directors shall deem necessary.
Article IX Proxies
Section 1. At all meetings of members, members may vote in person or by proxy, except as noted in Article III, Section 3.
Section 2. All proxies shall be in writing and filed with the secretary. No proxy shall extend beyond a period of eleven (11) months and a member's proxy shall automatically cease upon sale of the member's home or property.
Article X Parliamentary Authority
Section 1. The rules contained in the current edition of Robert's Rules of Order shall govern the Association in all cases to which they are applicable and in which they are not inconsistent with these by-laws and any special rules of order the association may adopt.
Article XI
Section 1. Proposed amendments to the by laws shall be presented in writing to the secretary by the board of directors or by at least five (5) voting members in good standing.
Section 2. Copies of the proposed amendments shall be delivered to each member with the notice of the meeting at which they will be voted upon. A newsletter, presented before the meeting, with a copy of the proposed amendments will fulfill these requirements.
Section 3. An affirmative vote of two thirds (2/3) of the voting members present shall be necessary to adopt a proposed amendment.
Section 4. By-laws may only be amended at the annual meeting or at specially called general meetings. See Article III, Section 2 on the rules of calling Special Meetings.