El Jardin del Mar Community Association


EJCA By-Laws

Association Meetings

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Article I - Membership & Voting

A. Definition

1. Owner - Membership is ownership of public record in El Jardin , and payment of dues.

2. Lessee - Membership is a lease residence in El Jardin, and payment of dues.

B. Voting

1. Each membership is limited to 2 votes.

2. Each voter must be an adult, who is either an owner or resident lessee.

C. Limitations on Lessee Membership

Lessee Membership may not vote on all matters concerning ownership, control, or acquisition of real property.

Article II – Membership Dues

A. Membership Dues

Dues are set at $50.00 (Amendment 1) per membership per year. (The year is defined as June 1st through May 31st)

B. Changes, special circumstance, and requirements.

1. Membership dues may be changed by a majority vote of those present at any Membership meeting.

2. The Board of Directors may wave dues for any membership by a majority vote of the Board Members.

3. Dues are payable by June 1 or 10 days prior to any membership meeting. If an official position is held by a person who has not paid current dues, the Treasurer will notify said member in writing. If payment is not then received within 15 days, that position will be considered automatically vacated and may be refilled with due process.

Article III - Meetings of the Association

A. Frequency

There will be two Membership Meetings each year; the second Sundays of June and November.

B. Special Purpose Meetings

A special purpose membership meeting may be called at anytime by a majority vote of the Board of Directors. A petition of at least 51% of the memberships requires the Board of Directors to call a special meeting. All memberships will be given at least 10 days notice, giving the reason(s) as stated in the petition. No other business other than that stated in the notice can be considered or transacted.

C. Quorum

A majority of the memberships will constitute a quorum.

D. Order of Business

1. Call to Order

2. Report of the Officers

3. Deadline for new business to be submitted to Secretary at this time.

4. Report of the Committees

5. Unfinished Business

6. New Business: Items for new business must be written, and include the name and address of the member requesting the time, and handed to the Secretary before the Reports of the Committees portion of the meeting.

7. General Comments (No motions)

8. Adjourn

Article IV – Board of Directors

A. Nomination and Election of Directors

At least 60 days prior to the June Membership meeting, a nominating committee will be elected by the board. The slate of candidates will be communicated to the memberships in advance of the meeting.

B. Number of Members

There will be three classes of four members for a total of 12, with one class to retire each successive year.

C. Eligibility

1. Directors will be selected from the memberships.

2. Only one person per household may serve on the board at any time.

3. Only 2 lessee memberships can serve on the board at any time.

D. Recall

Any director may be recalled by a vote of 2/3 of the Association Memberships at a regular or special purpose membership meeting.

E. Resignations and Vacancies

1. Resignations must be given to the board secretary in writing.

2. Board members are expected to attend all meetings. Directors who are absent from three consecutive board meetings will be considered to have resigned. The Board Secretary will give written notice to said director immediately following the third absence. The Board may vote to override this for reasons of special circumstance.

3. Any vacancy may be filled by 2/3 vote of the remaining members of the Board.

F. Responsibilities

1. The Directors will have the general management, control and supervision of the Association and will determine the general policies.

2. The Board may elect standing committees and choose their members. The duties and responsibilities will be adopted by the Board and attached to the bylaws.

3. The Board will adopt position descriptions for the officers and attach them to the bylaws.

G. Limitations

1. Sale, rent, lease, encumbrance, permanent improvements on, transfer, destruction or other disposition of or prejudice in any manner of any real property owned by EJCA must be approved by 2/3 majority vote of the Owner - Memberships.

The EJCA Board shall set appropriate use fees for EJCA properties (including but not limited to the Weis House and all park properties) to cover part or all expenses associated with utilities, maintenance and upkeep, and liability.  The EJCA Board may vote to waive established use fees for EJCA properties on a case by case basis for special circumstances. (Amendment 2) 

2. Association personal property cannot be purchased, destroyed, sold or given away without the consent of 2/3 of the full board.

3. Tagging – Any new business introduced at a board meeting shall be held over until the next board meeting at the request of any 3 members of the board.

H. Meetings

1. The Board of Directors will meet at least quarterly.

2. The Board will elect officers at its first meeting after the June Association meeting.

3. Quorum – A majority of the members of the board will constitute a quorum.

Article V – Parliamentary Authority

The most recent edition of Robert’s Rules of Order, where not inconsistent with these bylaws, is the parliamentary authority.

Article VI – Amendments

Suggested bylaw changes must be mailed to all memberships at least ten days prior to voting.

Adoption of amendments to the bylaws requires a majority vote of the memberships present.

Amendment 1 - Members notified via email on May 2, 2019. Unanimous decision to raise Membership Fees from $35 to $50 voted by members present at the May 15, 2019 meeting.

Amendment 2 - Members notified via email on May 2, 2019. Unanimous decision to adopt proposed addition of "Reasonable Usage Fee" voted by members present at the May 15, 2019 meeting.

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