2/16/2005
Suggested Changes to By Laws
of Flagler Model Land Neighborhood Association
(Standing By Laws Voted and Passed November 2004)
Article I No Changes Suggested
Article II- Membership
Section 1: The boundaries of Flagler's Model Land Neighborhood Association shall be defined as follows:
Bordered to the north by the south side of Orange Street, to the west by the east side of Ponce de Leon Blvd. (U.S. 1), to the south by the north side of King Street and to the east by the west side of Cordova Street.
Change Suggested:
Change is boundaries on the East to the East side of Spanish Street.
Rest would remain the same.
Recommendation: Yes to the addition
Section 2: Full voting membership in this Association shall be available to:
· any person 18 years of age or older who owns and resides in property within the boundaries of this neighborhood, as defined in Section 1 of this Article; or
Change Suggested: Household limited to 2 votes
Recommendation: Not suggested for inclusion
· renters of residential property who have a lease or rental agreement of at least 12 months or have lived in this neighborhood for at least one year
Change Suggested: Renters besides having on year lease will have to have resided in neighborhood for at least one year.
Recommendation: Not recommended, may be interpreted as discrimination. (Was suggested that require at least one-year occupancy prior to receiving voting rights, this could be viewed as discriminatory.
· Property owners that have a licensed business within this neighborhood will also be eligible for one (1) full voting membership.
Change Suggested: Change Commercial property definition to: Owner of property or occupant of property with a minimum of 1 year lease who operates a licensed business on the property.
Recommendation: Recommended acceptance of change if they have a rental agreement for at least 12 months or more.
Property owners, regardless of how many properties he or she may own in this neighborhood, shall be permitted only one vote.
Section 3: Additional membership categories may be determined and established by the Board of Directors.
No Changes Suggested
Section 4: Every person desiring membership shall make application to the Association Secretary. Upon receipt of an application for membership, the Board shall determine the eligibility of the applicant. Persons denied membership based on the criteria established in Sections 2 and 3 may appeal to the Board of Directors.
The Board of Directors shall determine any annual membership fees.
Change Suggested: That an annual fee of $3.00 is due upon becoming a member of the Association or upon renewing the annual membership.
Recommendation: Not to charge, currently all expenses, plus have been covered by donations.
Change: Members must have attended one meeting after joining the Association before being eligible to vote.
Recommendation: Yes
Article III
Sections 1-8 No Change
Section 9: The Secretary shall be the official custodian of all records of the Association, shall keep a full record of the minutes of all meetings, shall send all official correspondence, and shall give all required notices. The duty of taking minutes at regular and other meetings shall be delegated to an officer or another member present at that meeting.
Change Suggested:
The Secretary shall make available to the members by web posting, email or mail the minutes of any and all meetings not later then 2 week following that meeting.
Recommendation: No- this is a volunteer position and all work is done in volunteers’ spare time; it would be unfair to the individual to put demands upon the m. It would also result in no one wanting to do the job.
Section 10 No Change
Article IV: Committees
Section 1: The Board shall determine the Committees of the Association
Change Suggested: Add that they will also be approved by the membership.
Recommendation: Yes, that this be accepted, but be done once a year at the annual meeting.
Article V: Meetings
Section 1: General meetings should be held at least quarterly, on a previously agreed date and at a previously agreed venue. Meetings of the Board shall be held monthly. Committee meetings shall be held as needed or as directed by the Committee Chair or the Board of Directors.
Change Suggested: Board meeting will be held bi-monthly
Recommendations: Accepts, per time restraints bi-monthly board meetings seem to work out better.
Section 2: Special meetings of the membership for any purpose may be called by the President, or in the President’s absence, the Vice-President, or at the request of ten (10) members of the Association.
Change Suggested: Add to clause a minimum of 10 days prior notice be given before meeting.
Recommendation: NO- usually if call special meeting it is of urgency due to event that will affect neighborhood, usually do not have ten days.
Section 3: At each general meeting of the membership, each member shall be entitled to one vote, as defined in Article II, and simple majority shall make decisions. Only current members may vote; no proxy or absentee voting shall be permitted. A majority of Board members shall constitute a quorum at any meeting of the Board of Directors.
Change Suggested: Proxies or absentee voting shall be allowed. A signed affidavit for proxy to a member or a signed ballot must reach the general meeting before voting
Recommendations: This has been discussed before and it is not recommended- we do have secured method to check or confirm the proxy.
Section 4: The Board will provide timely notification and will identify the planned agenda to the membership, particularly when the agenda includes important and/or critical items that impact the membership or require a vote of the membership.
Change Suggested: Add that two thirds (2/3) of board shall constitute a quorum at any meeting of Board of Directors.
Recommendation: No- simple majority- otherwise would not get anything done.
Suggested Change: Add Section 5
The Board will provide timely notification of a minimum of the (10) days prior notice of the general meetings and will identify the planned agenda with the same ten (10) days prior notice to the membership, particularly when the agenda including important and/or or critical items that impact the membership or require a vote of the membership.
Recommendations: NO, tried this previously and found 5-day notice best. Also currently had published on web site date of meeting for whole year. Email is sent out for meeting agenda.
Article VI & VII
No Change
Article VIII: Amendments
Suggested Change - Section 1:
By Laws shall be open for amending the first quarter of the year. Member will have the opportunity to offer suggestions to change by laws during January, posted to Website and then discussed and voted on during General Meeting in March.
The above change from the provisional by laws was voted on at the November general membership meeting and passed by majority at that general membership meeting.
Section 2 Amendments to these By-Laws will require a simple majority agreement of the membership. Article V, Section 4 is applicable in this instance to provide adequate notification to the general membership regarding any proposed revisions to the By-Laws.
Change Suggested: Amendments to these By Laws will require a 2/3 rd (two thirds) Majority of the membership voting.
Recommendation: No- just require simple majority of those in attendance.
Article IX: Dissolution
No Change