Tarpon Glen Mobile Homeowners Association

Tarpon Glen Mobile Homeowners Association, Inc. By-laws 2020

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Tarpon Glen Mobile Homeowners Association, Inc. By-laws 2020
TARPON GLEN BULLETIN BOARD
Florida Statutes 723 - updated 2018

Tarpon Glen Mobile Homeowners
Association, Inc.
By-laws
2020

Note: The use of the word "Association" in these bylaws shall be construed to mean Tarpon Glen Mobile Homeowners Association, Inc. The word "Board" signifies all Officers and Directors. The words "General" and "Regular" are synonymous when used in conjunction with the word "meeting."

ARTICLE I - NAME AND PURPOSE

Section 1. Name. The official name of the organization is Tarpon Glen Mobile Homeowners' Association, Inc. The Tarpon Glen Mobile Homeowners Association is a not for profit Corporation, organized under the laws of the state of Florida and subject to Chapter 723, Florida Statutes. The articles of incorporation of the Association were approved by the Secretary of State of Florida on 04/04/1986 and were assigned Document number N97000000329. The purpose of this organization is to work for the good and welfare of all members, and serve as a liaison between Park Management and members of the Homeowners' Association.

Section 2. Park Management. Park Management shall have no responsibility in relationship to this Association and no management employee, with administrative and/or supervision authority, shall be a member of this Association or serve on the Board of Directors.

ARTICLE II - MEMBERSHIP

Section 1. Membership. All individual homeowners with a legal title to a dwelling are a member of this Association and are required to pay dues. (A mortgage constitutes legal title for purposes of membership). Membership in the Association is on an annual and individual basis. No more than one (1) voting membership per dwelling is permitted.
(revised 2/6/2017) (revised 2/13/2017) (revised 2/10/2020)

Section 2. Associate Members. All persons renting a mobile home in the Park shall be eligible for associate membership. Associate members shall pay the same dues as members and shall be entitled to all benefits except that associate members shall have no voting rights and cannot serve on the Board of Directors. (Added 2/10/2020)

ARTICLE III - DUES, ASSESSMENTS AND FINANCES

Section 1. Dues Annual dues shall be set by the Board of Directors, with a majority vote of the membership and are payable by January 1 of each calendar year. The fiscal year shall be January 1 through December 31 of each calendar year. Any resident who is joining the HOA for the first time and who pays their dues in November or December will be a member for that year plus the following year. All residents of Tarpon Glen may attend regularly scheduled meetings. Dues are set at $15.00 per year per household. No member shall be entitled to vote if they are more than thirty (30) days delinquent in the payment of any assessments or dues. Any member whos dues are more than ninety (90) days delinquent, may have that dues amount placed as a lien against their home. Only paid-up members are allowed to make or vote on any motion, serve on any committee or to hold any office. Subject to Article 1, Section 2. (revised 1/5/2015) (revised 02/13/2017)

Section 2. Assessments. The Board of Directors, with a majority vote of the membership, may assess the membership an amount needed to cover unexpected expenses of the Association that cannot be covered by normal means.

Section 3. Finances. Starting January 1, 2017, the association will have two (2) funds, the general and the legal fund.
1. Legal fund: All association dues will go into the legal fund until it reaches a cap of $7,000. Anything over $7,000 will then go into the general fund. If the legal fund falls below $7,000, money from the general fund will transfer to the legal fund to bring it back up to $7,000. Any legal expenses will be paid from that fund.

2. General fund: All income (other than dues needed for the legal fund) collected by the Association will go into the general fund of the Association for the day to day operation of the Association. (revised 01/05/2015) (revised 02/13/2017)

ARTICLE IV - OFFICERS

Section 1. Officers The officers shall consist of the following: President, Vice-president, Secretary and Treasurer, each of whom shall be elected to their office by the new board of directors at the first board of directors meeting following the annual meeting. No person on the board may hold more than one (1) office. These officers, plus the number of directors to bring the board to a total of seven (7) members, will serve as the Board of Directors. Directors must be members of the Association in good standing. At least four (4) of the Directors/Officers must be full time residents (normally in residence nine (9) months or more). Each officer shall hold office until his or her successor shall have been duly elected or until his or her resignation, or until he or she shall have been removed in the manner provided herein. The failure to elect a president, vice president, secretary or treasurer shall not affect the existence of this Association. The business and affairs of this association will be managed by the board of directors. The directors of the association and the operation shall be governed by the by-laws.
(revised 02/01/2010) (revised 02/03/2014) (revised 01/05/15) (revised 02/13/2017)

Section 2. Board member training programs. Within 90 days after being elected or appointed to the board, a newly elected or appointed director shall certify by an affidavit in writing to the secretary of the association that he or she has read the associations current articles of incorporation, bylaws, and the mobile home parks prospectus, rental agreement, rules, regulations, and written policies; that he or she will work to uphold such documents and policies to the best of his or her ability; and that he or she will faithfully discharge his or her fiduciary responsibility to the associations members.

In lieu of this written certification, within 90 days after being elected or appointed to the board, the newly elected or appointed director may submit a certificate of having satisfactorily completed the educational curriculum approved by the division within 1 year before or 90 days after the date of election or appointment. The educational certificate is valid and does not have to be resubmitted as long as the director serves on the board without interruption.

A director who fails to timely file the written certification or educational certificate is suspended from service on the board until he or she complies with this section. The board may temporarily fill the vacancy during the period of suspension.

The secretary of the association shall retain a directors written certification or educational certificate for inspection by the members for 5 years after the directors election or the duration of the directors uninterrupted tenure, whichever is longer. Failure to have such written certification or educational certificate on file does not affect the validity of any board action.

This section becomes effective on October 1, 2016. Any member of the board of directors of a homeowners association not in compliance with the requirements of this section may not be considered in violation of this section until after October 1, 2017. (revised 1/14/2019)

Section 3. Terms At the first annual meeting of the membership and at each annual meeting thereafter the membership shall elect directors to hold office. These directors shall serve without compensation and for a term of three (3) years. With a board of seven (7) directors/officers, the terms of the directors/officers should be staggered so that each year either two (2) or three (3) directors/officers come up for election. This staggering of directors terms is intended to provide continuity to the Management of the Corporation. (revised 02/01/2010) (revised 01/15/2015)

Section 4. Vacancy A vacancy occurring on the board of directors for any reason may be filled by the affirmative vote of the majority of the remaining directors, even though the remaining directors constitute less than a quorum or by the sole remaining director. The appointment shall only be until the next annual meeting. If there is unexpired years still left in the vacated office then the election for that vacated seat shall be for the remainder of that term. If after 30 days a replacement has not been found, the board shall continue to try and find a replacement until the next regular election, at which time the position shall again be up for election to fill the remaining term, if any. (revised 2/6/2012) (revised 2/4/2013) (revised 1/5/2015)
(revised 2/10/2020)

Section 5. Return of records Any outgoing (for any reason) Director will return to the board of the association all association records, including the USB drive received when they took office. (revised 1/14/2019)

Section 6. Removal of officer Any Board member may be removed from office under the following procedure:

A. Petition demanding removal signed by twenty-five percent (25%) of the dues paid members and presented to the presiding officer at a Board meeting for review by the Board. A majority of dues paid members in attendance at the next regular Association meeting must vote for such removal or retention of the board member.

B. Any Board of Director member who is more than 30 days delinquent in his/her dues shall be suspended from the board until such time as the past dues are paid in full. If the Board members become delinquent by more than 90 days the member will be removed from the board and the vacancy will be filled as per ARTICLE IV Section 3 (revised 2/1/2016)

ARTICLE V - DUTIES OF BOARD & THE OFFICERS

Section 1. Board of Directors The Board of seven (7) Directors shall consist of four (4) officers and three (3) directors. The Board will carry out the day to day operation of the Association and shall have general supervision of the affairs of the Association between its business meetings and shall perform such other duties as specified in these by-laws. The Board shall be authorized to make any expenditures that may be necessary or advisable for the government, direction, and betterment of the Association, consistent with these by-laws. To spend more than $200.00 per item, there must be a majority vote of the full board to approve. It shall formulate all rules for conducting the business of this Association, and for management and control of its property. (revised 02/01/2010) (revised 1/5/2015)

Section 2. President. The President shall be the chief executive officer of the Association and shall have general and active management of the business and affairs of the Association subject to the direction of the Board of Directors, and should preside at all meetings of the Association and Board of Directors. With Board approval, the President shall appoint such committees as per Article X, needed to expedite the objectives and business of this Association. In determining questions of procedure at meetings, the President shall be governed by Parliamentary Procedures.

Section 3. Vice-president. The Vice-president, shall preside at all meetings in the President's absence or inability to perform the duties of the office.

Section 4. Secretary. Shall have custody of, and maintain, all of the Association records except the financial records, shall record the minutes of all meeting of the Association and Board of Directors, send out all notices of meetings, and perform such other duties as may be prescribed by the Board of Directors or the President.

Section 5. Treasurer. The Treasurer shall receive and disburse all Association funds, keeping accurate and customary records of receipts, disbursements, and bank balances on hand. He or she shall deposit all funds and render accounts thereof at the annual meetings of the Association and whenever else required by the Board of Directors or the President, and shall perform such other duties as may be prescribed by the Board of Directors or the President.
An annual budget of expenses shall be prepared by the treasurer and the finance committee. Copies of the budget will be made available to the membership at the February meeting. The budget shall show the amounts budgeted by income and expense classifications. The budget shall be adopted at the annual or a special meeting of the membership.
(revised 1/5/2015) (revised 2/10/2020)

Section 6. Directors. The Directors should attend all regular and special meetings of the Association and attend all Board meetings. They shall assist in the management of the Association and perform any necessary duties. (revised 1/5/2015)

ARTICLE VI

BOOKS AND RECORDS

This Corporation shall keep correct and complete books and records of accounts and shall keep minutes of the proceedings of its membership, directors and committees of directors upon the terms and conditions provided by law, and shall be available for inspection by the membership or their authorized representatives, and board members within a reasonable time of a request. The Corporation shall retain these minutes and records for a period of not less than seven (7) years. (revised 1/5/2015)

ARTICLE VII - ELECTIONS

Section 1. Nominating Committee The Nominating Committee shall consist of at least three (3) members in good standing and not elected officers, appointed by the President no later than the November meeting. The members of this committee shall actively seek and prepare a slate of candidates for the Board of Directors positions that are open. They shall present this slate at the January meeting at which time nominations from the floor will also be accepted. No further nominations will be accepted after the close of the January meeting. No member of the Nominating Committee shall be a candidate for office unless such member is nominated from the floor. Such persons so nominated must be present to signify their willingness to serve or must have on file with the Secretary of the association a statement signifying there willingness to serve. After the January meeting a ballot listing all the names nominated shall be prepared and used for the February election. (revised 1/5/2015)

Section 2. Annual Meeting The annual meeting is normally the second Monday in February. Business transacted at the annual meeting shall include the election of directors of the Association. Newly elected directors at the first board meeting after the election, shall assume their duties.
(revised 02/06/2012) (revised 1/5/2015) (revised 02/13/2017)

Section 3. Eligible to Vote Only members of this Association in good standing are eligible to vote. The treasurer shall validate each member from a current membership list. To be eligible to vote, all dues must be paid prior to the annual meeting. (revised 02/01/2010)

Section 4. Absentee Ballot Dues paid members may request an absentee ballot for the election of directors at the annual meeting. Request for a ballot must be made to the HOA treasurer no later than two weeks week before the election and returned to the HOA treasurer no later then one day before the election. revised 3/7/2016) (revised 2/10/2020)

Section 5. Elections If there are more candidates than open chairs, election must be by secret paper ballot. Each voter will receive one paper ballot with the names of candidates that are running The voter can then check off the numbers of names as there are the number of openings. For example: if 4 people are running for three openings the voter will check off three names on their ballot. The three highest vote counts will win.
(revised 1/5/2015) (revised 3/7/2016)


ARTICLE VIII - MEETINGS

Section 1. Regular Meetings There will normally be a regular meeting of the Association on the first Monday of each month beginning at 7 p.m. from November to April (except for the annual meeting which will be the second Monday.) If the regular meeting date falls on a holiday, the meeting will be held on the second Monday. If conditions warrant, meetings will be scheduled during May, June, July, August, September and October at the discretion of the President and/or a majority of the Board of Directors. The Annual or any regular meeting date may be changed by a majority vote of the board. All meetings of Association shall be held at the Community clubhouse.
(revised 02/06/2012) (revised 02/03/2014) (revised 02/13/2017)

Section 2. Special Meetings A special meeting may be called by the President if deemed necessary or, in the President's absence, by the Vice-president. A special meeting may also be called by a majority vote of the Board of Directors, or at the request of thirty percent (30%) of the members in good standing (those members whose dues are paid), when such request is presented in writing to the Board of Directors. A meeting request by membership shall be called for a date not less than fourteen (14) nor more than sixty (60) days after the request is made, unless the membership requesting the meeting designate a later date. The call for the meeting shall be issued by the Secretary, unless the President, Board of Directors, or membership requesting the meeting shall designate another person to do so.

Section 3. Quorum At all meetings, ten percent (10%) plus one (1) of the voting membership (those members whose dues are paid) and at least four (4) of whom shall be members of the board, shall constitute a quorum. If a quorum is present, the affirmative vote of the majority of the members represented at the meeting and entitled to vote shall be the act of the membership unless otherwise provided by law.
After a quorum has been established at a Association meeting, the subsequent withdrawal of members, so as to reduce the number of members entitled to vote at the meeting below the number required for a quorum, shall not affect the validity of any action taken at the meeting or any adjournment thereof. Meetings may be held without a quorum present but no expenditure or policy change may be acted upon. (revised 1/5/2015) (revised 03/06/2017)

Section 4. Order of Business At all regular meetings of the Association, the following will be the normal order of business.

[This list may include additional items]

A. Welcome by Presiding Officer
B. Pledge of Allegiance and moment of silence/Mention of deceased member (s).
C. Quorum report
D. Minutes of the previous meeting.
E. Treasurers' Report
F. Communications and Committee Reports
G. Old Business
H. New Business
I. Closing Remarks
J. Adjournment

NOTE: At the annual meeting the following will be added to the agenda:

Auditor report

At all meetings the President has the authority to change the order of business, and to limit debate on any issue that has been brought to the floor. At a regular or special membership meeting the President shall cast a vote only when the vote is necessary to break a tie vote. At any board or committee meeting (less than 12 people) the president shall be entitled to vote. (revised 1/5/2015)

Section 5. Posting of meeting All meetings of the Association shall be announced by posting a notice on the main bulletin board at least 48 hours previous to the intended meeting time. The same plan will be followed for Board of Directors meetings. In addition, other means available will be used to give as wide publicity as reasonable to all meetings. A copy of the agenda shall be presented to each Board member at least 48 hours previous to the intended meeting. For the annual meeting, a proxy form will be included with the meeting notice and hand delivered to members in the community. For members who are not in the community at the time of the annual meeting, they may have a notice and proxy form mailed to them as long as there is a request and a current mailing address on file with the Association Board of Directors. (revised on 02/01/2010) (revised 1/14/2019)

Section 6. Robert's Rules of Order The rules contained in the current edition of Robert's Rules of Order will govern the Association in all cases to which they are applicable. Parliamentary procedure shall apply in all disputes. Any member wishing to speak before the body must raise a hand addressing the presiding officer, wait to be recognized, and then proceed. Not at anytime will Robert's Rules of Order regarding parliamentary procedures supersede the bylaws.

Section 7. Board of Directors The Board of Directors shall normally meet at a date and time prescribed by the President. Additional meetings of the Board may be called by the President at a date and time agreed upon by both the President and other Board members. A majority of the Board of Directors (4 members) must be present at any Board meeting in order to transact any business. Any association member has the right to attend meetings of the board of directors and its committees which includes the right to speak (except meetings to discuss personnel issues or those with the associations attorney). Comments and questions will be directed to agenda items only. Opportunity to speak will be provided half way through the meeting and before the close of the meeting. The questions or comments will be held to a two (2) minute time frame. (revised 02/03/2014) (revised 1/5/2015) (revised 3/7/2016) (revised 02/13/2017) (revised 1/14/2019)

Section 8. Proxies. Every member in good standing is entitled to vote at a meeting of membership or to express consent or dissent without a meeting, or a members duly authorized attorney-in-fact, may authorize another person or persons who are members in good standing to act for him by proxy, but no one shall be authorized to hold more than five (5) proxies. A proxy may be either a general proxy or a limited proxy or both. Every proxy must be signed by the member or his attorney-in-fact. Every proxy shall be effective only for the specific meeting for which it has been given and any lawfully adjourned meetings thereof, except that in no event will a proxy be valid for more than ninety (90) days from the date it was executed. No proxies can be used to cast a vote for the election of board members. Additionally, every proxy shall be revocable at the pleasure of the member executing it.
(revised 3/7/2016) (03/06/2017) (revised 1/14/2019)

ARTICLE IX - BYLAWS

Section 1. Approval of Bylaws These bylaws, after approval by a majority of the Association members attending a Annual, Regular or Special meeting, shall be considered the official by-laws of the Tarpon Glen Homeowners Association, Inc., and will replace all other by-laws. All bylaw changes take effect immediately after approval by the membership. (Revised 02/13/2017)

Section 2. Amendments Any proposed amendments to these bylaws shall be presented, in writing and signed, to the Bylaws Committee for its recommendation. The Bylaws Committee will then present the amendment changes to the Board for review. The changes will then be read and a copy given to each Association member at the following General or Special meeting. Then, at a second meeting the members will vote on amendments. The majority will rule.

ARTICLE X - COMMITTEES

Committees and committee members will be appointed by the Association President as long as there are members who are willing to serve in that capacity. You must be a dues paid member to serve on a committee. Other committees, as needed, may be also established by the Association President.
(Revised 02/13/2017)

Section 1. Government Relations Committee (FMO) The Government Relations Committee shall keep abreast of and advise members of any government activity or policy affecting homeowners. With the consent of the Board this committee may initiate actions in the interest of homeowners.

Section 2. Finance Review Committee After the end of the fiscal year the treasure shall prepare and complete a financial report for the preceding fiscal year which will be presented to the membership at the January meeting. The finance review committee shall then review the financial report and prepare a report on its review for the annual meeting in February. The Committee shall also meet at the request of a majority of the Board of Directors for specific review functions. (revised on 02/06/2012) (Revised 02/13/2017)

Section 3. Executive Committee The Executive Committee shall consist of the following: President, Vice-president, Secretary and Treasurer. The Executive Committee shall fix the hour and place of meetings, establish and publish the agenda for each meeting and authorize the disbursement of funds between regular Association meetings. The authority of the Executive Committee to disburse funds shall be in strict conformance with provisions of the bylaws

Section 4. Bylaws Committee Bylaws Committee will follow the procedures established in Article IX, Section 2. (revised on 02/15/11)

Section 5. Nominating Committee See Article VII, Section 1.
(Revised 02/15/11)

Section 6. Negotiation Committee A committee not to exceed five in number plus two (2) alternates, designated by the board of directors of the homeowners association. At least two of the committee will be board members. They and the park owner shall meet at a mutually convenient time and place within 30 days after receipt by the homeowners of notice of change. They will discuss the reasons for the increase in lot rental amount, reduction in services or utilities, or change in rules and regulations. If mediation is necessary. Legal counsel should be obtained by the H.O.A.
(Revised 02/02/15) (Revised 3/7/2016) (Revised 02/13/2017)

Section 7. Finance Committee The committee shall consist of three (3) who will be appointed by the President with approval of a majority of the board. The treasurer will automatically be a member and will chair the committee. The committee will assist and advise the treasurer in managing the associations financial assets and provide assistance in preparing the H.O.A.s annual operating budget. They also will provide ways and means to meet the budget. Committee members shall serve for one year subject to renewal by mutual agreement of the member and the board. (revised on 02/02/15)

ARTICLE XI - BEREAVEMENT BENEFIT

Each home is entitled to a Bereavement Benefit of $50.00. There will only be one payment per home and the members association dues must be current (paid before time of death) to receive the benefit. Payment of the benefit will be given to the remaining spouse, significant other or immediate family member. (Revised 02/13/2017)

ARTICLE XII - DISSOLUTION

If, at any time, for whatever reason it becomes necessary to dissolve the Association, the funds contained in the treasuries will be distributed as approved by the majority vote of the Association members, and in accordance with Florida law.

This revision of by-laws of Tarpon Glen Mobile Homeowners Association, Inc. was accepted by a majority vote of the membership, at a special/annual meeting on February 9, 2009.

This revision of by-laws of Tarpon Glen Mobile Homeowners Association, Inc. was accepted by a majority vote of the membership, at a special/annual meeting on February 1, 2010.

This revision of by-laws of Tarpon Glen Mobile Homeowners Association, Inc. was accepted by a majority vote of the membership, at a special/annual meeting on February 15, 2011.

This revision of by-laws of Tarpon Glen Mobile Homeowners Association, Inc. was accepted by a majority vote of the membership, at a special/annual meeting on February 6, 2012.

This revision of by-laws of Tarpon Glen Mobile Homeowners Association, Inc. was accepted by a majority vote of the membership, at a special/annual meeting on February 4, 2013.

This revision of by-laws of Tarpon Glen Mobile Homeowners Association, Inc. was accepted by a majority vote of the membership, at a special/annual meeting on February 3, 2014.

This revision of by-laws of Tarpon Glen Mobile Homeowners Association, Inc. was accepted by a majority vote of the membership, at a special/annual meeting on January 5, 2015.

This revision of by-laws of Tarpon Glen Mobile Homeowners Association, Inc. was accepted by a majority vote of the membership, at a special/annual meeting on February 2, 2015.

This revision of by-laws of Tarpon Glen Mobile Homeowners Association, Inc. was accepted by a majority vote of the membership, at a special/annual meeting on February 1, 2016.

This revision of by-laws of Tarpon Glen Mobile Homeowners Association, Inc. was accepted by a majority vote of the membership, at a special/annual meeting on March 7, 2016.

This revision of by-laws of Tarpon Glen Mobile Homeowners Association, Inc. was accepted by a majority vote of the membership, at a special/annual meeting on February 13, 2017.

This revision of by-laws of Tarpon Glen Mobile Homeowners Association, Inc. was accepted by a majority vote of the board of directors, at a meeting on January 14, 2019.

This revision of by-laws of Tarpon Glen Mobile Homeowners Association, Inc. was accepted by a majority vote of the board of directors, at a meeting on February 10, 2020.

This revision of by-laws of Tarpon Glen Mobile Homeowners Association, Inc. was accepted by a majority vote of the board of directors, at a meeting on March 2, 2020.




























 


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