Bylaws
BYLAWS OF THE
13TH STREET ROAD ASSOCIATION
ADOPTED AUGUST 2014
The name of the Association shall be 13th Street Road Association, and said Association shall be located in Acton, Maine, and is being formed as a Statutory Road Association under Maine Law.
The following provisions shall constitute the Bylaws of this Association, established hereby, to wit:
Section 1. Composition, Powers and Duties of the Executive Committee.
The Executive Committee shall have the powers and duties necessary for the administration of the affairs of the Association and may do all such acts and things except as by law or by this document may not be delegated to the Executive Committee by the property owners. A property owner is defined as a person who, or entity that, owns property that is accessed via a private way in Acton, Maine known as 13th Street (hereinafter called the Common Element), except for any municipal, county, or state government.
The Executive Committee shall be composed of five (5) Officers and four (4) Directors. The Officers shall be a President, Vice President, Secretary, Treasurer and Road Commissioner. The powers and duties of the Executive Committee shall include, but shall not be limited to, the following:
Operation, care, upkeep, and maintenance of the Common Element.
Determination of the common expenses required for the affairs of the Association, including, without limitation, the operation and maintenance of the Association.
Collection of the assessed charges from the property owners.
Employment and dismissal of the personnel necessary or advisable for the maintenance and operation of the Common Elements.
Opening of bank accounts on behalf of the Association and designating the signatories required therefore.
Obtaining insurance for the Association, pursuant to the provisions hereof.
The Executive Committee shall have the power to enforce obligations of property owners; to allocate income and expenses; and to do anything and everything else necessary and proper for the sound management of the Association.
Enter into contracts for the maintenance, upkeep, and repair of the Common Element.
Posting the road to ensure the safety of property owners and their guests.
Section 2. Expenses, Profits and Funds.
A. Each property owner shall be liable for expenses of the Association according to his respective assessment which assessment may not exceed 1% of an individual’s property assessment in any calendar year. The Executive Committee may, to such extent as they have been directed by vote of the majority of the property owners attending any meeting, set aside funds of the Association as reserve or contingent funds and may use the funds so set aside for reduction of indebtedness or other lawful capital purpose, or, subject to the provisions of the following Section 4, for repair, rebuilding or restoration of the Association roadways, or for improvements thereto.
B. At least thirty (30) days prior to each annual anniversary of the adoption date of these Bylaws, the Executive Committee shall estimate the expenses expected to be incurred during the next fiscal year, together with a reasonable provision for contingencies and reserves, and after taking into account any undistributed funds from prior years, shall determine the assessment to be made for such fiscal year. If after a meeting of the property owners, where an assessment is approved, then the Executive Committee shall promptly render statements to the property owners for their respective shares of such assessment. Said assessment shall be paid to the Association no later than 30 September immediately following the annual meeting. Assessments not paid within thirty (30) days of 30 September will be delinquent. In the event of default by any property owner in paying the annual assessment, such charge shall be collected pursuant to Maine law, but only after a majority vote of property owners. Property owners delinquent in the payment of their assessment lose their right to vote at the annual meeting or any special meeting called by the Executive Committee.
In the event that the Executive Committee shall determine during the year that the assessment so made is less than the expenses actually incurred, or in the reasonable opinion of the Executive Committee, likely to be incurred, the Executive Committee shall make a supplemental assessment or assessments and render statements therefore in the manner aforesaid, and shall call a special meeting of the property owners to vote upon the same, pursuant to the terms of these Bylaws. Upon obtaining a majority vote of the attending property owners in favor of the same, such statements shall be payable and take effect as aforesaid.
C. The Executive Committee shall expend funds only for Association expenses.
Section 3. Insurance.
A. The Executive Committee shall obtain and maintain, to the extent available, a policy of liability insurance for the benefit and protection of the Association Officers, Directors and of all the property owners, naming this Association as the insured. This policy shall protect the Officers, Directors and property owners from liability arising from the usage of the roads of the Association by any person or persons, but said policy will not insure for the protection of any property owner for any liabilities incurred upon their property as to which it shall be the separate responsibility of the property owners to insure. Such insurance shall, unless the same is not obtainable, be maintained in the amount equal to one million dollars ($1,000,000).
B. Any liability policy shall, unless the same is not obtainable, provide:
that such policy may not be cancelled, terminated or substantially modified without at least thirty (30) days notice to the Association; for waiver of subrogation as to any claims against the Association, the Officers, Directors, agents, employees, the property owners and their respective employees, agents and guests; for waivers of any defense based upon the conduct of any insured; and in substance and effect that the insurer shall not be entitled to contribution as against any casualty insurance, which may be purchased separately by property owners.
C. The cost of all such insurance obtained and maintained by the Executive committee pursuant to the provisions of this Section 3 shall be an Association expense.
D. The members of the Executive Committee shall not be liable to the property owners for any mistake of judgement, negligence or otherwise, except for their own individual willful misconduct or bad faith. The property owners comprising the association shall indemnify and hold harmless each of the Officers and Directors against all contractual liability to others arising out of contracts made by members of the Executive committee on behalf of the Association, unless any such contract shall have been made in bad faith or contrary to the provision of these Bylaws. It is intended that the members of the Executive Committee shall have no personal liability with respect to any contract made by them on behalf of the Association.
Section 4. Rebuilding and Restoration; Improvements.
A. In the event of any casualty loss to the Common Element, the Executive Committee shall proceed, without notice to the property owners, with the necessary repairs, rebuilding, or restoration.
B. A vote by the majority of the property owners present at any meeting of the Association properly called under these Bylaws may agree to make an improvement to the Common Elements and assess the cost thereof to all property owners as a common expense.
Section 5. Meetings.
A. The executive Committee shall meet annually on the date of (and immediately following) the annual meeting of the property owners. Other meetings may be called by and in such other manner as any member of the Executive Committee may establish, provided that written notice of each meeting stating the place, day and hour thereof, shall be given at least two (2) weeks before such meeting to each member of the Executive Committee. One half (1/2) of the number of members of the Executive Committee shall constitute a quorum at all meetings, and such meetings shall be conducted in accordance with Roberts Rules.
B. That commencing with the calendar year 2008, there shall be an annual meeting of the property owners on the third or fourth Saturday in August in each year, at 9 A.M., at the Association premises or at such other reasonable place and time as designated by the Executive Committee by written notice given to the property owners at least thirty (30) days prior to the date so designated. Special meetings of the property owners may be called by the Executive Committee or by the property owners upon the written request of thirty-three percent (33%) of the property owners of the Association. Written notice of any such meeting designating the place, day, hour thereof shall be given by the Executive Committee to the property owners at least thirty (30) days prior to the date so designated. The Executive Committee shall appoint a person to act as moderator for the annual meeting of property owners. At the annual meeting of the property owners, the Executive Committee shall submit written reports of the management and finances of the Association. At any meeting at which the Executive Committee proposes to submit to the property owners any matter with respect to which approval of or action by the property owners is necessary or appropriate, the notice of such meeting shall so state and reasonably specify such matter.
C. At the annual meeting to vote for a continued Association, which Association will be valid for a period of one (1) year. The property owners shall have one vote for each property, and a majority of the property owners present at such a meeting shall prevail. If the property owners vote to continue the Association, then they shall also vote on a president, a vice president, a treasurer, a secretary, a road commissioner and four directors. These nine (9) individuals must be property owners within the Association area, and shall all be considered members of the Executive Committee.
D. The duties of the President, and in the absence of the president, the Vice President, shall include the management of the Association as approved by the property owners at the annual meeting and within the guidelines of these Bylaws.
E. The duties of the Secretary shall be to record and maintain the records of the Association and to perform such duties as are determined by the property owners at the annual meeting, or by the executive Committee.
F. The duties of the Treasurer shall be to record and maintain the financial records of the Association, and to perform such duties as are determined by the property owners at the annual meeting, or by the Executive Committee.
G. The duties of the Road Commissioner shall be: to determine what repairs and maintenance are needed for upkeep of the Common Element, and to make recommendations to the Executive Committee and the property owners, and to perform such maintenance and repairs as the property owners or the Executive Committee directs and/or as authorized by 23 M.R.S.A. Sections 3101 to 3104, and to collect unpaid assessments on behalf of the association as set forth in Section 3103.
H. The duties of the Directors are to assist the Officers of the Executive Committee in carrying out their duties and as directed by the property owners at the annual meeting. Any vacancy of any of the positions of the Executive Committee shall be filled by a vote of the remaining members of said committee, and this (these) appointment(s) shall be valid for the remainder of the term for said position. The property owners may vote on any other matter of the Association including but not limited to: (1) the level of maintenance requested, (2) the level of repairs to be made, and (3) any capital improvements made to the roadways.
Section 6. Notices to Property Owners.
Every notice to any property owner required under the provisions hereof, or which may be deemed by the executive committee necessary or desirable in connection with the execution of the Association created hereby, or which may be ordered in any judicial proceeding, shall be deemed sufficient and binding if a written or printed copy of such notice shall be given by one or more of the members of the Executive Committee to such property owner at his address as it appears upon the records of the Directors, at least five (5) days prior to the date fixed for the happening of the matter, thing or event of which such notice is given, or such longer period of time as may be required by the specific terms of this instrument. Property owners may waive notice by duly executing an appropriate waiver of notice.
Section 7. Inspection of Books; Reports to Property Owners.
Books, accounts and records of the Association shall be open to inspection to any one or more of the members of the Executive Committee, or any property owner(s) at all reasonable times. The Executive Committee at the annual meeting shall submit to property owners a report of the operations of the Executive Committee for the previous fiscal year, which shall include financial statements in such summary form and in such detail as the Executive Committee deem proper. Any person who has been furnished with such report and shall have failed to object thereto by notice in writing to any member of the Executive Committee, given by registered or certified mail within a period of one (1) month of the date of receipt of such report, shall be deemed to have assented thereto.
Section 8. Checks, Notes, Drafts and Other Instruments.
Checks, notes, drafts and other instruments for the payment of money drawn or endorsed in the names of the Executive Committee or of the association may be signed by any one of two (2) members of the Executive Committee, or by any person or persons (who may be one of the Executive Committee) to whom such power may at any time or from time to time be designated by not less than a majority of the Executive Committee.
Section 9. Fiscal Year.
The fiscal year of the Association shall be from 1 September through 31 August of the succeeding year.
Section 10. Proxy Voting.
The executive committee shall consider whether to establish proxy voting for any forthcoming Association meeting, and if so voted, shall establish parameters for said proxy voting, including but not limited to, appointment of voting member for any property, method of proxy voting, and time frame for said proxy vote. In any event, the proxy vote shall be held to the same standards as stated within these Bylaws.
Proposed by the 13th Street Executive Committee:
President: Bill Gannon
Vice President: Virginia Grover
Secretary: Sharron Murray
Treasurer: Jim Murray
Road Commissioner: Bob Roderick
Directors
-Russ Davidson
-Linda Lambert
-Elaine Beck
-George Emery
Approved and adopted at the Board meeting held on 15 August, 2014
13TH STREET ROAD ASSOCIATION
ADOPTED AUGUST 2014
The name of the Association shall be 13th Street Road Association, and said Association shall be located in Acton, Maine, and is being formed as a Statutory Road Association under Maine Law.
The following provisions shall constitute the Bylaws of this Association, established hereby, to wit:
Section 1. Composition, Powers and Duties of the Executive Committee.
The Executive Committee shall have the powers and duties necessary for the administration of the affairs of the Association and may do all such acts and things except as by law or by this document may not be delegated to the Executive Committee by the property owners. A property owner is defined as a person who, or entity that, owns property that is accessed via a private way in Acton, Maine known as 13th Street (hereinafter called the Common Element), except for any municipal, county, or state government.
The Executive Committee shall be composed of five (5) Officers and four (4) Directors. The Officers shall be a President, Vice President, Secretary, Treasurer and Road Commissioner. The powers and duties of the Executive Committee shall include, but shall not be limited to, the following:
Operation, care, upkeep, and maintenance of the Common Element.
Determination of the common expenses required for the affairs of the Association, including, without limitation, the operation and maintenance of the Association.
Collection of the assessed charges from the property owners.
Employment and dismissal of the personnel necessary or advisable for the maintenance and operation of the Common Elements.
Opening of bank accounts on behalf of the Association and designating the signatories required therefore.
Obtaining insurance for the Association, pursuant to the provisions hereof.
The Executive Committee shall have the power to enforce obligations of property owners; to allocate income and expenses; and to do anything and everything else necessary and proper for the sound management of the Association.
Enter into contracts for the maintenance, upkeep, and repair of the Common Element.
Posting the road to ensure the safety of property owners and their guests.
Section 2. Expenses, Profits and Funds.
A. Each property owner shall be liable for expenses of the Association according to his respective assessment which assessment may not exceed 1% of an individual’s property assessment in any calendar year. The Executive Committee may, to such extent as they have been directed by vote of the majority of the property owners attending any meeting, set aside funds of the Association as reserve or contingent funds and may use the funds so set aside for reduction of indebtedness or other lawful capital purpose, or, subject to the provisions of the following Section 4, for repair, rebuilding or restoration of the Association roadways, or for improvements thereto.
B. At least thirty (30) days prior to each annual anniversary of the adoption date of these Bylaws, the Executive Committee shall estimate the expenses expected to be incurred during the next fiscal year, together with a reasonable provision for contingencies and reserves, and after taking into account any undistributed funds from prior years, shall determine the assessment to be made for such fiscal year. If after a meeting of the property owners, where an assessment is approved, then the Executive Committee shall promptly render statements to the property owners for their respective shares of such assessment. Said assessment shall be paid to the Association no later than 30 September immediately following the annual meeting. Assessments not paid within thirty (30) days of 30 September will be delinquent. In the event of default by any property owner in paying the annual assessment, such charge shall be collected pursuant to Maine law, but only after a majority vote of property owners. Property owners delinquent in the payment of their assessment lose their right to vote at the annual meeting or any special meeting called by the Executive Committee.
In the event that the Executive Committee shall determine during the year that the assessment so made is less than the expenses actually incurred, or in the reasonable opinion of the Executive Committee, likely to be incurred, the Executive Committee shall make a supplemental assessment or assessments and render statements therefore in the manner aforesaid, and shall call a special meeting of the property owners to vote upon the same, pursuant to the terms of these Bylaws. Upon obtaining a majority vote of the attending property owners in favor of the same, such statements shall be payable and take effect as aforesaid.
C. The Executive Committee shall expend funds only for Association expenses.
Section 3. Insurance.
A. The Executive Committee shall obtain and maintain, to the extent available, a policy of liability insurance for the benefit and protection of the Association Officers, Directors and of all the property owners, naming this Association as the insured. This policy shall protect the Officers, Directors and property owners from liability arising from the usage of the roads of the Association by any person or persons, but said policy will not insure for the protection of any property owner for any liabilities incurred upon their property as to which it shall be the separate responsibility of the property owners to insure. Such insurance shall, unless the same is not obtainable, be maintained in the amount equal to one million dollars ($1,000,000).
B. Any liability policy shall, unless the same is not obtainable, provide:
that such policy may not be cancelled, terminated or substantially modified without at least thirty (30) days notice to the Association; for waiver of subrogation as to any claims against the Association, the Officers, Directors, agents, employees, the property owners and their respective employees, agents and guests; for waivers of any defense based upon the conduct of any insured; and in substance and effect that the insurer shall not be entitled to contribution as against any casualty insurance, which may be purchased separately by property owners.
C. The cost of all such insurance obtained and maintained by the Executive committee pursuant to the provisions of this Section 3 shall be an Association expense.
D. The members of the Executive Committee shall not be liable to the property owners for any mistake of judgement, negligence or otherwise, except for their own individual willful misconduct or bad faith. The property owners comprising the association shall indemnify and hold harmless each of the Officers and Directors against all contractual liability to others arising out of contracts made by members of the Executive committee on behalf of the Association, unless any such contract shall have been made in bad faith or contrary to the provision of these Bylaws. It is intended that the members of the Executive Committee shall have no personal liability with respect to any contract made by them on behalf of the Association.
Section 4. Rebuilding and Restoration; Improvements.
A. In the event of any casualty loss to the Common Element, the Executive Committee shall proceed, without notice to the property owners, with the necessary repairs, rebuilding, or restoration.
B. A vote by the majority of the property owners present at any meeting of the Association properly called under these Bylaws may agree to make an improvement to the Common Elements and assess the cost thereof to all property owners as a common expense.
Section 5. Meetings.
A. The executive Committee shall meet annually on the date of (and immediately following) the annual meeting of the property owners. Other meetings may be called by and in such other manner as any member of the Executive Committee may establish, provided that written notice of each meeting stating the place, day and hour thereof, shall be given at least two (2) weeks before such meeting to each member of the Executive Committee. One half (1/2) of the number of members of the Executive Committee shall constitute a quorum at all meetings, and such meetings shall be conducted in accordance with Roberts Rules.
B. That commencing with the calendar year 2008, there shall be an annual meeting of the property owners on the third or fourth Saturday in August in each year, at 9 A.M., at the Association premises or at such other reasonable place and time as designated by the Executive Committee by written notice given to the property owners at least thirty (30) days prior to the date so designated. Special meetings of the property owners may be called by the Executive Committee or by the property owners upon the written request of thirty-three percent (33%) of the property owners of the Association. Written notice of any such meeting designating the place, day, hour thereof shall be given by the Executive Committee to the property owners at least thirty (30) days prior to the date so designated. The Executive Committee shall appoint a person to act as moderator for the annual meeting of property owners. At the annual meeting of the property owners, the Executive Committee shall submit written reports of the management and finances of the Association. At any meeting at which the Executive Committee proposes to submit to the property owners any matter with respect to which approval of or action by the property owners is necessary or appropriate, the notice of such meeting shall so state and reasonably specify such matter.
C. At the annual meeting to vote for a continued Association, which Association will be valid for a period of one (1) year. The property owners shall have one vote for each property, and a majority of the property owners present at such a meeting shall prevail. If the property owners vote to continue the Association, then they shall also vote on a president, a vice president, a treasurer, a secretary, a road commissioner and four directors. These nine (9) individuals must be property owners within the Association area, and shall all be considered members of the Executive Committee.
D. The duties of the President, and in the absence of the president, the Vice President, shall include the management of the Association as approved by the property owners at the annual meeting and within the guidelines of these Bylaws.
E. The duties of the Secretary shall be to record and maintain the records of the Association and to perform such duties as are determined by the property owners at the annual meeting, or by the executive Committee.
F. The duties of the Treasurer shall be to record and maintain the financial records of the Association, and to perform such duties as are determined by the property owners at the annual meeting, or by the Executive Committee.
G. The duties of the Road Commissioner shall be: to determine what repairs and maintenance are needed for upkeep of the Common Element, and to make recommendations to the Executive Committee and the property owners, and to perform such maintenance and repairs as the property owners or the Executive Committee directs and/or as authorized by 23 M.R.S.A. Sections 3101 to 3104, and to collect unpaid assessments on behalf of the association as set forth in Section 3103.
H. The duties of the Directors are to assist the Officers of the Executive Committee in carrying out their duties and as directed by the property owners at the annual meeting. Any vacancy of any of the positions of the Executive Committee shall be filled by a vote of the remaining members of said committee, and this (these) appointment(s) shall be valid for the remainder of the term for said position. The property owners may vote on any other matter of the Association including but not limited to: (1) the level of maintenance requested, (2) the level of repairs to be made, and (3) any capital improvements made to the roadways.
Section 6. Notices to Property Owners.
Every notice to any property owner required under the provisions hereof, or which may be deemed by the executive committee necessary or desirable in connection with the execution of the Association created hereby, or which may be ordered in any judicial proceeding, shall be deemed sufficient and binding if a written or printed copy of such notice shall be given by one or more of the members of the Executive Committee to such property owner at his address as it appears upon the records of the Directors, at least five (5) days prior to the date fixed for the happening of the matter, thing or event of which such notice is given, or such longer period of time as may be required by the specific terms of this instrument. Property owners may waive notice by duly executing an appropriate waiver of notice.
Section 7. Inspection of Books; Reports to Property Owners.
Books, accounts and records of the Association shall be open to inspection to any one or more of the members of the Executive Committee, or any property owner(s) at all reasonable times. The Executive Committee at the annual meeting shall submit to property owners a report of the operations of the Executive Committee for the previous fiscal year, which shall include financial statements in such summary form and in such detail as the Executive Committee deem proper. Any person who has been furnished with such report and shall have failed to object thereto by notice in writing to any member of the Executive Committee, given by registered or certified mail within a period of one (1) month of the date of receipt of such report, shall be deemed to have assented thereto.
Section 8. Checks, Notes, Drafts and Other Instruments.
Checks, notes, drafts and other instruments for the payment of money drawn or endorsed in the names of the Executive Committee or of the association may be signed by any one of two (2) members of the Executive Committee, or by any person or persons (who may be one of the Executive Committee) to whom such power may at any time or from time to time be designated by not less than a majority of the Executive Committee.
Section 9. Fiscal Year.
The fiscal year of the Association shall be from 1 September through 31 August of the succeeding year.
Section 10. Proxy Voting.
The executive committee shall consider whether to establish proxy voting for any forthcoming Association meeting, and if so voted, shall establish parameters for said proxy voting, including but not limited to, appointment of voting member for any property, method of proxy voting, and time frame for said proxy vote. In any event, the proxy vote shall be held to the same standards as stated within these Bylaws.
Proposed by the 13th Street Executive Committee:
President: Bill Gannon
Vice President: Virginia Grover
Secretary: Sharron Murray
Treasurer: Jim Murray
Road Commissioner: Bob Roderick
Directors
-Russ Davidson
-Linda Lambert
-Elaine Beck
-George Emery
Approved and adopted at the Board meeting held on 15 August, 2014
