OLD TAUNTON COLONY CLUB
As amended May 4, 2014
|Section 1.||The name of this organization shall be Old Taunton Colony Club.|
|Section 2.||The Old Taunton Colony Club shall be referred to in these By-Laws as the Club or Club, as the case may be.|
Purposes and Objectives
|Section 1.||The purpose for which the Club is formed is as follows:
To provide for the care and maintenance of all Club property, including Club houses, buildings, structures, appurtenances and other grounds, parks, dams, beaches, lakes, streams and waters;
To supervise recreation and sports, boating, bathing, fishing and all types of sports and athletic activities which may be engaged in Within the boundaries and jurisdiction of the Club;
To supervise and cooperate with all committees and auxiliaries representing and being a part of the Club organization;
To promote and perpetuate the standard and tone of the community;
To formulate, adopt and enforce rules and regulations;
To promote health, welfare, recreation, indoor and outdoor athletic events and entertainment;
To promote sociability and good fellowship between and among Club members; and
To do any and all things necessary appropriate or advisable incident to and for the best interests of the members of the Club.
|Section 1.||Every lot and/or dwelling unit owner within the area known as Taunton Lake shall be a member of The Club, subject to the provisions of
these By-Laws and any rules and regulations promulgated by the Board of Trustees. Membership in The Club shall be granted
automatically to new owners; the effective date of the membership shall coincide with the effective date of the acquisition of title by such
new owners. Membership shall continue for the duration of ownership. All owners shall be obligated to pay Club assessments and
charges attributable to their properties during the period of membership, as well as any and all arrears accrued by, or which arose during
the period of ownership by, predecessors in title. Membership privileges in the Club (known as "good standing"), as distinct from
membership itself, will not be granted to new owners until all assessments and charges in arrears are paid in full.
For purposes of this Section, Taunton Lake is defined as all that area encompassed by the Taunton Lake sides of Breakneck Road, Hinchman Road, Centennial Dam, Centennial Avenue and Hopewell Road and in addition, all real estate formerly the property of the Taunton Lakes Company and the house and property owned by the Larsen family that was granted use of Taunton Lake in their deed (the tract of land across from beach and west side of Fairview Road).
|Section 2.||Each member in good standing shall be entitled to one vote (irrespective of number of dwelling units and residents in the case of multiple dwelling units); where a lot and/or dwelling unit is owned by more than one person, said owners shall have a single membership and shall be counted for all purposes as one member.|
|Section 3.||The privileges of membership may be extended, when and as desirable, to persons who are not lot and/or dwelling unit owners and members of the Club by the Board of Trustees; provided, however, said persons are tenants under enforceable lease agreements with members of the Club and subject to any limitation which the Board of Trustees may impose. Unless otherwise provided by the Board of Trustees, relatives of the immediate family of a member, living under his or her roof, shall be entitled to the same privileges with respect to Club property as the member himself or herself.|
|Section 4.||Active membership in the Club shall automatically cease when the member ceases to be a lot and/or dwelling unit owner in said area commonly known and referred to as Taunton Lake, Burlington County, New Jersey.|
|Section 5.||Every member shall pay an Annual Assessment as set by the Board of Trustees on an annual basis and as more particularly set forth herein. Said Annual Assessment to be due and payable on the 1st day of May. There will be no discounts or reduced assessments.|
|Section 6.||For purposes of these By-Laws, the term "member in good standing" shall mean the following:
a. pays assessments and charges incurred during the period of ownership (including any and all arrears accrued by, or which arose during the period of ownership by, predecessors in title) in accordance with these By-Laws and with the Protective Covenants governing the Taunton Lake community, including but not limited to those created by the Taunton Lakes Company, a predecessor in title to the Taunton Lakes area; and
b. adapts his or her mode of occupancy to the existing natural environment of the Taunton Lake community; and
c. accepts in good faith the obligation to conserve and foster to the fullest extent the natural characteristics of his or her property, the neighborhood and the general Taunton Lake area; and
d. abides fully by the terms and conditions set forth in the Protective Covenants; and
e. abides by the rules and regulations as promulgated by the Board of Trustees and by these By-Laws, as amended.
The consequences of losing ones good standing status shall mean that the members privileges in the Club are terminated and except as provided for hereinafter with respect to the failure to pay the Annual Assessment, a member can only lose good standing status upon a two-thirds vote of a quorum of the Board of Trustees.
|Section 1.||The annual meeting of the Club shall be held on the first Sunday in May.|
|Section 2.||Board of Trustee meetings, open to all membership, shall be held on the 2nd Wednesday of each month at the home of a trustee or another designated place.|
|Section 3.||A special meeting of the Club may be called by the Board of Trustees or on written request of the President or whenever ten members of the Club in good standing, shall make a request to the President for the same, specifying the object of the meeting.|
|Section 4.||Notice of every annual meeting of the Club shall be mailed by the Secretary to every member of the Club at least ten (10) days before the date of such meeting.|
|Section 1.||The Board of Trustees shall consist of twelve members. All members of the Board of Trustees must be lot and/or dwelling unit owners at
Taunton Lake and members in good standing. At each annual meeting, four members of the Board shall be elected for a term of three
Effective as of the May 2015 Annual Meeting, this section shall read:
The Board of Trustees shall consist of nine members. All members of the Board of Trustees must be lot and/or dwelling unit owners at Taunton Lake and members in good standing. At each annual meeting, three members of the Board shall be elected for a term of three years.
|Section 2.||The Board of Trustees shall have the power to manage all the affairs of the Club on any and all questions relating to any manner thereto, and to make all contracts necessary for the proper transaction of all business. They shall have entire jurisdiction over all matters pertaining to the care, control, conduct, supervision and management of the Club and its finances, and all appropriations shall be made by them.|
|Section 3.||For the better execution of their powers and duties, the Board of Trustees shall authorize the appointment from their own number, or from members of the Club, all such committees as occasion may require and they may deem necessary, and shall define the duties thereof. Each trustee shall be a member of an appointed committee and serve upon such.|
|Section 4.||The Board of Trustees shall meet for the transaction of business on the 2nd Wednesday of each month and at any other time, at the call by the President or any four (4) members of the Board of Trustees thereof, provided notice shall be given to each member of the Board before the time appointed for such meeting. At all meetings of the Board, a majority of the Trustees shall constitute a quorum for the transaction of business and the votes of a majority of the Trustees present and voting at a meeting at which a quorum is present shall constitute a valid decision. If at any meeting of the Board there shall be less than a quorum present, the majority of those present shall be able to continue the meeting but with no votes taken or to adjourn the meeting to a new date.|
|Section 5.||At the annual meeting of the Club on the first Sunday of May of each year, the Board of Trustees shall make a full report of their proceedings during the preceding fiscal year and recommend such measures as they deem advisable.|
|Section 6.||The Board of Trustees may fill any vacancy among the officers or trustees by a vote of the majority of those present (quorum) at a regular monthly meeting of such Board, such election to be for the unexpired term.|
|Section 7.||Any member of the Board of Trustees who shall absent himself or herself from three consecutive meetings of such Board, unless he or she shall present at the next monthly meeting an excuse for his absence satisfactory to the President, shall be deemed to have resigned as a member of such Board and cease to be a member thereof.|
|Section 8.||The Board of Trustees shall have the following specific powers:
a. to appoint delegates to the different associations of which this Club may be a member, or for the purpose of conferring with any association or club respecting any matter in which this Club may be concemed;
b. to make rules for the conduct of the members of the Club and for their use of the Clubs property;
c. to fix and enforce penalties for the violation of the By-Laws and rules and regulations;
d. to remit penalties for offenses against the By-Laws and rules and regulations;
e. to prescribe rules for the admission of strangers or guests to the privileges of the Club;
f. to make, alter and amend the rules and regulations for their own government, and fix and enforce penalties for the violations of such rules and regulations; and
g. to prescribe additional duties for any of the officers, in addition to those herein set forth.
|Section 1.||The officers of this club shall be President, a Vice President, a Secretary and a Treasurer, each of whom shall be elected by the Board of Trustees at their first meeting after the annual meeting and the tenure of the office shall be for one year and until their successors are elected and shall have qualified.|
|Section 2.||The President shall preside at all meetings of the Club and Board of Trustees and enforce these By-Laws and all rules and regulations of the Club. He or she shall perform such other duties as shall be imposed upon him or her by resolution of the Board of Trustees. The President shall, with the Secretary, sign all written contracts and written obligations of the Club.|
|Section 3.||The President shall, under the direction of the Board of Trustees, appoint all committees whenever it becomes necessary.|
|Section 4.||In the absence of the President, the Vice President shall perform his or her duties. In the event of the death or disability of the President, the Vice President shall act until the Board of Trustees shall fill the office. Should neither be present at any meeting, a [Chairperson] shall be chosen by vote.|
|Section 5.||The Secretary shall keep the minutes and other official reports of the Club. He or she shall conduct the official correspondence of the Club. He or she shall keep all records, books, documents and papers relating to the Club in such place as shall be designated by the Board of Trustees. He or she shall perform such other duties as shall be assigned to him or her by direction of the Board of Trustees.|
|Section 6.||The Treasurer shall keep account of all monies received by him or her and deposit same in the name of the Club in such depository as shall be designated by the Board of Trustees. He or she shall not pay out or disburse any of the money of the Club except in such manner and for such purposes as shall be approved by the proper officers of the Club, whose approval shall be authorized by motion or resolution of the Board of Trustees. The Treasurer shall not be responsible for money or funds of the Club paid out or disbursed upon checks or vouchers therefore, which have been properly signed. At each monthly meeting of the Board of Trustees, he or she shall make a statement of the financial condition of the Club, and at the annual meeting of the Club he or she shall submit a detailed report of the financial condition of the Club for the preceding year, which report shall be audited by accountants designated by the Board of Trustees.|
|Section 1.||Annual Assessments. The Board shall have the duty to collect from each member, his, her or their heirs, administrators, successors and assigns, the Annual Assessment assessed against such lot and/or dwelling unit owner as provided in the Protective Covenants created by the Taunton Lakes Co., a predecessor in title, as amended, and these By-Laws, and in accordance with applicable law.|
|Section 2.||Creation of Lien, Personal Obligation and Equitable Servitude. To secure the payment thereof, all unpaid assessments and charges, together with accrued interest thereon and costs of collection as hereinafter provided, shall be a charge and shall constitute a continuing enforceable equitable servitude running with the land and a lien upon the lot and/or dwelling unit against which the assessment or charge is made. Each such assessment or charge, together with accrued interest thereon and costs of collection as hereinafter provided, shall also be a personal obligation of the lot and/or dwelling unit owner at the time the assessment or charge fell due. In the case of co-ownership of a lot and/or dwelling unit, all such co-owners shall be jointly and severally liable.|
|Section 3.||Determination of Annual Assessments. The amount of monies for common expenses deemed necessary by the Board and the manner of expenditure thereof, including but not limited to the allocation thereof, shall be in an amount as provided in the Protective Covenants. The annual assessments prevailing at the time of adoption of these By-Laws shall continue unless and until otherwise fixed and determined by the Board of Trustees.|
|Section 4.||Disbursements. The Board shall take the funds as collected and shall disburse the same for the purposes and in the manner set forth herein and as required by the Protective Covenants and applicable law.|
|Section 5.||Depositories. The depository of the Club shall be at such a bank or banks as shall be designated from time to time by the Board and in which the monies of the Club shall be deposited. Withdrawal of monies from such accounts shall be only by checks signed by two (2) authorized trustees from the Board.|
|Section 6.||Reserves. The Board shall not be obligated to expend all of the revenues collected in any accounting period, and must maintain reasonable reserves for, among other things, repairs, replacements, emergencies, contingencies of bad weather or uncollected accounts. Notwithstanding anything herein to the contrary, the Board in its determination of the Annual Assessment(s) and the preparation of a budget, shall specifically designate and identify what portion of the Annual Assessment against the lot and/or dwelling unit owners is allocable to reserves for each separate item or repair and improvement of and to said property. The foregoing shall not be construed to meaii the Board shall not be permitted to keep additional cash on hand for the necessary discharge of its function.|
|Section 7.||Notice. The Board shall give written notice, by the first of February of each calendar year, or as soon thereafter as reasonably practicable,
to each lot and/or dwelling unit owner and to any mortgagee who requires same, of the amount estimated by the Board for the Annual
Assessment for the next ensuing period, directed to the lot and/or dwelling unit owner at his or her last known address by ordinary mail, or
by hand delivery. Said notice shall be conclusively presumed to have been made in the amount of the last prior years Annual Assessment,
and shall be due upon each payment due date until changed by an amendment. In the event the Annual Assessment(s) proves to be
insufficient, the budget and Annual Assessment(s) may be amended at any time by the Board, provided that nothing herein shall serve to
prohibit or prevent the Board from imposing a lump sum assessment or charge in the case of any immediate need or emergency which
cannot be met by reserve funds earmarked for such contingency. The mortgagee shall be notified of any lot and/or dwelling unit owner who
is in default of maintenance or an Annual Assessment payment for a period in excess of sixty (60) days.
The Club shall, upon the request of any lot and/or dwelling unit owner or of any mortgagee, furnish to such lot and/or dwelling unit owner or mortgagee, a certificate in writing, signed by an officer of the Club, setting forth whether the Annual Assessment(s) have been paid. Such certificate shall constitute conclusive evidence of the payment of the Annual Assessment(s) therein stated to have been paid.
|Section 8.||Payment of Annual Assessment Installment: Default. If a lot and/or dwelling unit owner has not paid the Annual Assessment, or any part
thereof, within thirty (30) days of its due date the lot and/or dwelling unit owner shall be in default. Then and in that event, the then unpaid
balance of the Annual Assessment shall become immediately due and owing and the Board may pursue any remedies provided herein and
whatever additional legal and/or equitable remedies that are available. Notice shall also be mailed to the mortgagee of record, if any.
In addition to any other remedies provided for herein, any lot and/or dwelling unit owner who shall fail to pay the Annual Assessment within thirty (30) days after same shall become due and payable may be suspended from all privileges of the Club. If said dues shall not be paid within thirty (30) days after notice and demand for same from the Secretary, the Board of Trustees may by resolution, declare his or her privileges in the Club terminated, and he or she will lose "good standing" status with its attendant consequences.
|Section 9.||Interest, Penalties and Counsel Fees.
(a) The Board, at its option, shall have the right, in connection with the collection of any assessment or other charge which remains unpaid following its due date, to impose interest thereon at the rate per annum assessed by the New Jersey Division of Taxation, as listed at http://www.state.nj.us/treasury/taxation/interest.shtml (or such other web page at which such information may be posted in the future), compounded monthly, starting from due date of the assessment or charge. At the end of each year following the due date, any assessment or charge, and any penalties and interest related thereto, that remains unpaid will become part of the balance on which interest is charged.
(b) The Board, at its further option, shall have the right, in connection with the collection of any assessment or other charge which remains unpaid following its due date, to impose a one-time penalty of ten percent (10%) of the amount unpaid, effective as of 120 days following the due date. Said penalty amount shall be added to the amount unpaid and the total thereof shall become the initial balance on which interest is charged pursuant to this section of the Bylaws.
(c) In the event the Board is unable to collect the unpaid Annual Assessment or other assessment from the member, the latter shall grant a power of attorney to any holder of an institutional mortgage covering a lot and/or dwelling unit so that said mortgagee, at its election and without notice to the lot and/or dwelling unit owner, shall have the right to make any payment or expenditure and to take any action which the lot and/or dwelling unit owner shall have made or taken or which mortgagee deems advisable to protect the security of its mortgage. In the event that the Board shall effectuate collection of said Annual Assessment and charges by resort to legal counsel, the Board may add to the aforesaid Annual Assessment and charges reasonable attorneys fees and accrued interest.
|Section 10.||Examination of Books. Each member shall be permitted to examine the books of account of the Board at a reasonable time on business days; provided, however, that the Secretary/Treasurer has been given at least ten (10) days prior written notice of the members desire to make such an examination.|
|Section 1.||Amendments to the By-Laws may be made at the annual meeting or at a meeting called for such purpose, by a 2/3 vote of all the members in good standing present, provided that written notice of the proposed amendments shall be submitted to the Board of Trustees and approved by a majority vote of the whole of said Board; and provided further that notice of the proposed amendments shall be given to all members by the Secretary at least ten days before the date of the meeting.|
|Section 1.||Conflict. Anything to the contrary herein notwithstanding, if any provision of these Bylaws is adjudicated to be in conflict with the requirements of law, then the requirements of said law shall be deemed controlling.|
|Section 2.||Invalidity. The invalidity of any part of these Bylaws shall not impair or affect in any manner the enforceability of the remaining provisions of the Bylaws.|
|Section 1.||Any notice required to be sent to any Member under the provisions of these Bylaws shall be deemed to have been properly sent and notice thereby given, when mailed, by regular mail with postage prepaid, addressed to the last known postal address of any person who, with respect to the subject property, appears as a Member on the records of the Club at the time of such mailing. Notice to one or more co-owners of a property shall constitute notice to all co-owners. Valid notice may also be given to a Member at the physical location of the property (i) by personal delivery to any occupant over 14 years of age or (ii) by affixing said notice to or sliding same under the front door of any dwelling.|