COLONY COVE MOBILE HOME OWNERS ASSOCIATION, INC. A NOT FOR PROFIT CORPORATION
The bylaws are reviewed and amended by the Board and voted and approved by the membership. Each change is recorded in the records of the corporation and is available for review by written request to the President.
COLONY COVE MOBILE HOME OWNER ASSOCIATION, INC
A NOT FOR PROFIT CORPORATION
7615 Lakeshore Drive
Ellenton, FL 34222
ARTICLE 1-PURPOSE AND IDENTITY
1.1 These are the Bylaws of Colony Cove Mobile Home Owners Association, Inc. (HOACC), a corporation not for profit, incorporated under the laws of the state of Florida. Hereinafter called the “Association”. These Bylaws are adopted for the purpose of governing the Association, according to the Articles of Incorporation and the provision of Florida Statute 723, known as the Florida Mobile Home Act.
1.2 This corporation was organized for the following purposes:
A) To exercise all rights accorded to a homeowners Association, under Chapter 723, on behalf of all homeowners.
B) To represent the members of the corporation in dealing with all levels of Colony Cove Mobile Home Park management, and the management of Equity Lifestyles Inc.
C) To support organizations and work for legislation that protects the safety, rights, privileges and interests of residents of Colony Cove.
D) To promote cooperation among the various clubs and promote a feeling of community among residents.
E) To improve the quality of life for all park residents.
1.3 The mailing office of the Association shall be 7615 Lakeshore Dr., Ellenton, Fl. 34222
1.4 The registered Agent shall be appointed by the board at the beginning of each fiscal year. His/her name will be submitted to the annual CCMHOA corporate report made to the state of Florida for the following fiscal year.
1.5 The seal of the Association shall bear the name of the corporation, the word “Florida”, the words “Corporation Not for Profit” and the year of incorporation. The seal shall be held by the Secretary and affixed as required.
ARTICLE 11-MEMBERSHIP AND DUES
A) Membership shall be open to all owners. Each person’s name on the active membership card shall be eligible to hold office if properly nominated, in good standing, appointed and elected in accordance with these Bylaws. Membership is effective on the day that the dues are paid, and will terminate at the end of the calendar year.
B) Dues shall be determined by a majority vote of the Board of Directors. Failure to make payment of this Association dues shall result in a loss of all membership rights and privileges. A board member must be current in Association dues in order to serve on the Board of Directors. Directors who are not current with their membership dues shall automatically be removed from the board.
C) Membership dues can be paid by check, money order, PayPal, or cash.
ARTICLE 111 GOVERNMENT
3.1 BOARD OF DIRECTORS
A) The business and affairs of the Association shall be managed and governed by a board of directors composed of 9 members who shall be elected at large. Proof of home ownership must be verified in order to serve on the board of directors. Must be full time residents.
B) Each Director shall be elected for a term of three years (3) following an alternating pattern each year. An appointed director filling the position of a prior director will only serve for the remaining unexpired term of the former director. No director shall be eligible to serve more than two (2) consecutive three (3) year terms. No Director shall be eligible for re-election as a Director for a period of one (1) year following his/her second consecutive term.
C) Eligibility to serve as a director must certify by affidavit that he or she has read all the governing documents as provided by the Secretary. The new director must complete an education curriculum of Florida Statute 723.0781. A new director must be compliant within 90 days or vacate their seat on the board. Directors must be full time residents
D) A Director may be recalled and removed from office with or without cause by the vote of the majority of all membership. If the recall is approved by the majority of all voting interests, by a vote at a meeting, the recall will immediately become effective. If the proposed recall is by agreement in writing by a majority of all the voting interests, the agreement or copy thereof shall be served on the Association by certified mail. The board shall duly notice a meeting of the board within five (5) full business days after receipt of the agreement. At the meeting, the board shall either certify the written agreement to recall a member(s) of the board and vote for an immediate recall or the recall must be moved to arbitration for final disposition.
E) If vacancies occur on the Board as a result of a recall and a majority of the board members are removed, the vacancies shall be filled in accordance with applicable Florida Law, without limitation, Florida Statute, Chapter 617.
F) Vacancies in the Board of Directors occurring between the Annual Association Meeting shall be endorsed by the President with the approval of the Board of Directors.
G) Any Director may resign at any time by sending or personally delivering a written notice of resignation to the Association, addressed to the President. The resignation shall take effect on receipt by the President.
3.2 POWERS AND DUTIES OF THE BOARD OF DIRECTORS
A) All powers and duties of the Association are governed by the Florida Statues, Articles of Incorporation and these Bylaws.
B) The Corporation shall have the power to negotiate for, acquire and operate the mobile home park on behalf of the mobile homeowners.
C) The Corporation shall have the power to provide for the conversion of such mobile home park, once acquired, to a condominium or cooperative.
3.2A Actions Require approval by the Mobile Home Owners and may not be taken by the Board of Directors Acting Alone.
A) Purchase of Park
B) Filing a lawsuit
C) Other matters contained in the Articles of Incorporation or Bylaws the specifically require a vote by members.
NOMINATION AND ELECTION OF DIRECTORS
A) In July the Board of Directors shall appoint a Nominating Committee for the upcoming year’s election to be no less than 5 members. The President shall appoint the chairperson. The chairperson shall appoint the committee members. The Nominating Committee shall make as many nominations for the election to the Board of Directors as they determine, but not less than the number of vacancies that need to be filled. This will be announced at the August members meeting, requesting members to apply for a Director seat. The Nominee Committee shall provide the board with an outline of the recommended requirements for application to be consider as a nominee.
B) Each nominee must fill out the Nominee Biographical Form (see form NBF 1) to the Nominating Committee for review and to be placed on the slate with recommendations made to the Board of Directors. The Nominating Committee will review all the nominees NBF1 submission. The Chairperson will announce the names of the nominees at the members meeting in October, and the resumes of the selected nominees must be posted on the community HOA web page no less than 45 days before the election.
Voting for the annual election of Directors will be done by ballot using the official roll of eligible voting members maintained by the Corporation through its membership committee. The members may cast a vote for any nominee on the ballot but voting will be limited to the number of vacancies.
A) The annual election shall be held in January at the Annual Meeting. Each paid up member of the Association will be provided with a ballot. Only one (1) ballot may be voted per membership card regardless of the number of names on the card. The ballots will be cast at the annual meeting. The ballot will be in a secret written format. Absentee ballots will be provided and sent upon request to the paid-up members 30 days prior to the election. All absentee ballots must be received back to the Chairperson postmarked 14 days prior to the election. All absentee ballots must be sent via USPO or hand delivered to the Chairperson.
B) No non nominee committee members or board member will be allowed to tabulate the votes or organize the voting procedure. Only the Election/Nominee Committee shall tally the votes and present the results to the President.
C) The President shall announce the outcome of the election at the annual meeting. The persons receiving a plurality of the votes cast for a seat on the board shall be elected. Cumulative voting is not permitted. The ballots shall be retained for 1 year. If no request for a recount is made within that time frame, the ballots will be destroyed.
3.6 Executive Officers
The Executive Officers of the Association shall be a President, who shall be a director, a Vice President, who shall be a director, a Treasurer, a Secretary and an Assistant Secretary.
A person may hold more than one office, except that the President may not also be the Secretary or Assistant Secretary.
The President shall be the Chief Executive Officer of the Association. He/She shall have all the powers and duties that are usually vested in the office of a President of an Association. Including, but not limited to the power to appoint committees from the members to assist in the conduct of the affairs of the Association as deemed important. All standing committees’ appointments shall be subject to approval by a majority of the Board of Directors. The President is to conduct and facilitate Board and Membership meetings, prepare meeting agendas, distribute to the Vice President. The President represents the organization at meetings outside of the organization, serve as ex officio member of all committees except the nominating committee. The President also coordinates the work of all directors so that the purpose of the organization is served. The President will maintain a revolving fund of $500.00 for administrative expenses, emergency purposes. All expenses are reviewed by the Business Advisory Committee and Treasurer on a quarterly bases
3.8 Vice President
The Vice President shall exercise the powers and perform the duties of the President in the absence of or disability of the President. The Vice President shall also distribute notices and meeting agendas with the Member-at-Large. The responsibilities include ensuring that order is maintained during meetings and parliamentary procedures are adhered to. The Vice President will carry out any task assigned to them by the President.
The Secretary shall keep the minutes of all proceedings, votes and notices for the Board of Directors. Minutes of all meetings and proceeding of the Board of Directors and the members shall be recorded by the Secretary and retained in a safe place for 7 years. This also includes other notices required by law. The Secretary shall have custody of the seal of the Association and shall affix it to instruments requiring the seal when duly signed. The Secretary shall record all documentation that the seal is affixed to. He/she shall keep the records of the Association, except those of the Treasurer, and shall perform all other duties incident to the office of the Secretary. The secretary shall keep and update all records of HOA membership. The Secretary shall have a $100 revolving fund to pay administrative expenses. It will be replenished by the Treasurer as needed and substantiated by receipts. The Secretary shall be authorized to pay for the required filing fee for the corporation’s annual report. The Secretary is responsible to maintain and pay for the renewal of the corporation’s post office box. The Secretary may perform other duties as assigned by the President.
3.9A Assistant Secretary
The Assistant Secretary shall assume all the responsibilities of the Secretary in his/her absence. The Assistant Secretary shall also be assigned other tasks as assigned by the President.
The Treasurer shall have custody of all the financial property of the Association including, but not limited to funds, securities and evidence of indebtedness. He/she shall keep the books and records for the Association in accordance of good accounting practices, with substantiating documentation. These books and records shall be made available to the Board of Directors, members, accountants and the IRS for examination. He/she shall receive all monies from all sources and deposit said funds in the Associations checking/investment accounts. The Treasurer will maintain a petty cash fund of $200, to be used for small day to day expenses. Receipts will be maintained for all expenditures allocated from the petty cash box.
The Treasurer shall submit a report to the board monthly, this shall include a check register and any other P&L information as requested by the President. The Treasurer shall sign all checks, any checks over $500 shall require a second signature of another officer. The Treasurer shall prepare a statement of income and expenditures to be presented to the membership at its annual member meeting. Proper books of account shall be reviewed by a licensed auditor on a yearly basis. The Treasurer will also be responsible to file a 990 with the IRS and any other tax forms that are required by the IRS. The Treasurer will be responsible to maintain the internal control of all funds and prepare the annual budget, which will be approved by the Board of Directors and put to a vote by the members at large.
3.11 FIDUCIARY RELATIONSHIP
The officers and directors of the Association have a fiduciary responsibility to the members.
Officers and directors shall serve without compensation.
ARTICLE IV- ASSOCIATION MEETINGS AND QUORUMS
4.1 ANNUAL ASSOCIATION MEETINGS
The Annual Association Meeting shall be held the first week of January of each year at such place and time to be determined by the Board of Directors and so designated in the notice of such meeting. The Annual Meeting shall be for the purpose of transacting annual business and the election of directors.
4.2 SPECIAL ASSOCIATION MEETINGS
A) A special Association meeting for making nominations for open directorships and transacting any other business proper to come before the Association, shall be held the first week of October of each year at such place and time as may be determined by the Board of Directors and designated in the notice of such meeting.
B) Other special Association meetings are called to address issues that are of great importance and must be addressed before a regularly scheduled meeting. The meeting shall be called by the President or by a majority of the Board of Directors. Also, upon written request from members entitled to cast (30) percent of the votes of the entire membership.
4.3 REGULAR ASSOCIATION MEETINGS
The regular Association meetings shall be held as determined by the Board of Directors for the purpose of discussion and sharing information. Business may be transacted at such regular Association meetings, providing a quorum is present. In event of crowd limits at Harmony Hall meeting may be streamed live to Manatee Hall
4.4 NOTICE OF MEETINGS
Notice of all official meetings shall be given by the President or Secretary stating the time, place and purpose for which the meetings are called. Notices may be posted in conspicuous places throughout the development. Also, in the Breeze, The HOA website and the HOA newsletter, Email or HOA Face Book page. These meetings will be open to all homeowners.
4.5 QUORUM FOR MEETINGS
A quorum for all meetings of the Corporation shall be at least (4) Directors. If there are issues to be put to a membership vote, (10) percent of the membership shall be in attendance. Unless operating under Florida Emergency Order. Properly executed absentee ballots shall be included in determining the member present count. The submitting of an absentee ballot by a member will represent his/her vote cast in absentia, which will be confirmed by the quorum present. 2/3 membership yes vote must be obtained to pass any resolution.
Voting at Association meetings will be on the basis of (1) vote per current membership card, represented by a properly completed ballot. Current memberships will be validated by a membership card verifying paid up dues.
4.7 ADJOURNED MEETINGS
If any Association meeting cannot be organized because a quorum cannot be obtained, the members who are present may adjourn the meeting.
ARTICLE V-BOARD OF DIRECTORS-MEETINGS AND QUORUMS
5.1 ORGANIZATIONAL BOARD MEETING
The Board of Directors shall hold an organizational meeting following the Annual Association Meeting and prior to the next Board of Directors meeting to elect officers and conduct such other business as the Board deems necessary.
5.2 REGULAR BOARD MEETINGS
Regular meetings of the Board of Directors shall be held at such times and place as shall be determined from time to time, by a majority of the directors, but in no case less than (4) times a year.
5.3 SPECIAL BOARD MEETINGS
Special meetings of the Board of Directors may be called by the President and must be called by the secretary at the written request of one-third (1/3) of the directors. Except in an emergency, not less than forty-eight (48) hours’ notice of the meeting shall be given personally or by mail, telephone or other means, which notice shall state the time, place and purpose of the meeting.
5.4 EXECUTIVE BOARD MEETINGS
The board will hold a closed executive session not open to members when it deemed to discuss issues regarding pending or prospective litigation with the boards attorney or when discussing personnel issues or discussing, voting on appointment of a candidate to a vacant directors position. Notice of closed meetings shall be posted 48 hours in advance of such meetings.
5.5 QUORUM FOR BOARD MEMBERS
5.6 NOTICE TO ASSOCIATION MEMBERS
Meetings for the Board of Directors shall be open to all members and notice of said meeting shall be posted in a conspicuous place at each park clubhouse, not less than 48 hours in advance, except in an emergency, unless longer notice is required by a Florida Statue.
6.1 THE DEPOSITORY
The depository of the Association shall be at a local bank or savings and loan. This shall be designated from time to time by the Board of Directors. Under normal circumstances withdrawal of any monies from such accounts must be done by check. Checks over $500.00 must be signed by two officers with proper documentation. Transactions under $500.00 can be processed by the association treasurer alone.
6.2 ALLOCATION OF ASSOCIATION FUNDS
The Board of Directors shall at their discretion be allowed to allocate/rebalance any and all funds between the regular operating fund, professional fund. This must be put to a Board of Director vote with the majority agreeing to these reallocations.
6.2 FIDELITY BOND
A Fidelity bond in the name of the Association shall be required by the Board of Directors for all persons handling or responsible for the Associations funds in an amount no less than $200,000.00
A liability policy shall be in effect at all times.
The Board of Directors shall adopt a budget for the common expenses of the Association in advance of each fiscal year at a special meeting of the Board called for that purpose at least 30 days before the end of each fiscal year. The proposed annual budget of common expenses shall be detailed and show the amount budgeted by General Ledger classifications. The budget must be voted on by the members of the homeowner’s association, this must be voted on at the annual meeting.
Budgets to be audited by the Business Advisory Committee and recommendations to be presented to the President and Treasurer.
Within 90 days after the end of the fiscal year, the Association shall prepare and complete, or contract with a third party to prepare a financial report for the preceding year. The Association must file a Federal Tax Return yearly. The Board of Directors shall make all financials and Internal Revenue Filings available to all homeowner members upon written request. The Association must maintain an adequate number of copies of the governing documents to insure availability to members and prospective members. Failure to remit the requested documents can result in a fine of $50.00 per day, for up to 10 days.
ARTICLE VII-FISCAL MANGEMENT AFTER PARK PURCHASE
All fiscal managements outlined in Article VI-Fiscal Management apply.
ARTICLE VIII-PARLIAMENTARY RULES
Robert’s Rules of Order (latest edition) shall govern the conduct of the Association meetings and Board of Directors’ meetings when not in conflict with the Articles of Incorporation or these Bylaws.
ARTICLE VIIII-ADOPTION OF THE BYLAWS
These Bylaws shall be adopted by the majority of the Board of Directors and a special meeting shall be called by the Board of Directors of the members to vote on adoption of these amendments to the Bylaws, a 2/3 vote of the Association members present and represented by ballots must be attained to adopt these Bylaw revisions.
ARTICLE X-EXECUTION AND RECORDING
A copy of all amendments shall be attached to a certificate certifying that each amendment was duly adopted as an amendment or complete revision of the Bylaws. The certificate is to be executed by the Association Secretary. The minutes of the meeting, with the Corporate Seal affixed whereby these Bylaws were adopted is to be attached to the Bylaw revisions. The Secretary will be the keeper of the original(s) of all Bylaws.
These bylaws were adopted by the Board of Directors on March 3, 1986.
They were reviewed and these portions were amended February 6, 1990 1.2, 3.5 3.5,3.7A and 3.9Ad
These bylaws were reviewed and portions were amended by the Board of Directors on May 18, 1996
These bylaws were reviewed, and portions were amended December 2, 1996. The changes approved on this date were extensive, and the complete reference to each change is recorded in the records of the corporation and are available for review by written request of the Secretary.
These bylaws were reviewed and portions amended May 4, 2000 and approved November3, 2000.
These bylaws were reviewed and amended by the Board and voted and approved by the membership on March 4, 2002. Each change is recorded in the records of the corporation and is available for review by written request to the Secretary.
These bylaws were reviewed and amended by the Board and voted and approved by the membership on December 7, 2006. Each change is recorded in the records of the corporation and is available for review by written request to the Secretary.
These bylaws were reviewed and amended by the Board and voted and approved by the membership on January 3, 2011. Each change is recorded in the records of the corporation and is available for review by written request to the Secretary.
These bylaws were reviewed by the board and grammar and clarification errors corrected and amended, September 30, 2011 11
These bylaws were reviewed and amended by the Board and voted and approved by the membership on January 4, 2016. Each change is recorded in the records of the corporation and is available for review by written request to the Secretary.
These bylaws were reviewed and amended by the Board and voted and approved by the membership on July 5, 2016. Each change is recorded in the records of the corporation and is available for review by written request to the Secretary.
These bylaws were reviewed and amended by the Board and voted and approved by the membership on December 4, 2017. Each change is recorded in the records of the corporation and is available for review by written request to the Secretary
NOTE: Bylaws amended 2006 thru 2017 where never approved by the membership.
7615 Lakeshore Dr.
Ellenton, FL 34222