Beaver Creek Subdivision, Powderly Texas



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BCNA Bylaws

ARTICLE I



Principal Office
The principal mailing address of the association for the transaction of its business is P.O. Box 331, Powderly, Texas 75473-331. The association may have such other offices as may from time to time be designated by its members or its Executive Committee.



ARTICLE II



The Council:
A. Council as governing body. The association shall be governed by a council of a minimum of seven (7) members.

B. Composition. The members of the council will consist of the Executive Committee elected at the annual meeting by the general membership, and the Executive Committee appointed chairpersons of each committee.

C. Attendance. Any member of the council who is absent from three consecutive meetings without presenting a satisfactory excuse will be deemed to have resigned as a member of the council and will cease to be a council member. Such party may, however, be reinstated to full council membership by a majority vote of the council.

D. Management of Property and Finances. Property of the association may be used in accordance with the directions of the council. The council is not authorized to and will not incur any debt or liability or any combination of debts or liabilities, exceeding the net assets of the association. Funds required by the association for any project will be collected in advance of a commitment Expenditures in excess of $100.00 must be approved by the Executive Committee. Expenditures in excess of $500.00 must be approved by a simple majority vote during a meeting of the general membership.

E. Insignia, Colors, Badges, and Flags. The council may adopt insignia, colors, badges, and flags for the association as it deems desirable.

F. Signature on contract and formal documents. Contracts and formal documents must be signed by two officers of the Executive Committee.



ARTICLE III



Meetings of the Council
A. Meetings. Meetings of the council will be held as necessary with a minimum of one week advanced notice.

B. Quorum. Fifty percent (50%) of the members will constitute a quorum at meetings of the council.

C. Order of Business. At meetings of the council, the following order of business will be observed

  • Roll Call and documentation of a quorum
  • Minutes of preceding meeting and action on such minutes.
  • Reports of officers and committees.
  • Unfinished business.
  • Elections.
  • New Business




ARTICLE IV



Officers
A. Officers. The officers of the association will be the Executive Committee comprised of a president, a vice-president, a secretary, and a treasurer. The president, vice-president, the secretary, and the treasurer will be elected annually by the membership from among its dues paid members (each household having one vote), and will hold office until their successors have been elected. B. Duties of the President.
  • Presiding Officer. The president, or in his or her absence the vice-president, will preside over all meetings of the association
  • Veto Power. The president will have veto power regarding any committee or officer actions. The veto power is limited to delaying actions pending a general membership vote.
  • General Supervision. The president will exercise general supervision over all the affairs of the association.
  • Ex-Officio Member of Committees. The president will be a member, ex officio, of all committees, but will not be counted in determining a quorum. In the absence of the president, the vice-president may serve in this capacity.


C. Duties of the Secretary. The secretary will keep a complete record of all proceedings and correspondence of the association and council. The secretary will send notices of meetings to the members of the association or council as required. The secretary will keep a membership book containing the names and addresses of each member of the association and the date and manner of termination of any such membership. And will perform all other duties annually appertaining to the office of secretary.

D. Duties of the Treasurer. The treasurer will keep the books and accounts of the association, and will perform any other duties usually assigned to a treasurer. The treasurer will give bond, if required by the council. The treasurer will make payments only for bills properly approved by the council. The treasurer will ensure the membership roster is current and accurately reflects the dues payments as recorded in the association’s financial records. The treasurer will co-sign with the president or vice-president all checks drawn on the accounts of the association. In the absence or incapacity of the treasurer, the treasurer’s power to sign checks may be delegated by the council to one of its elected members.



ARTICLE V



Committees
The following are designated to be committees of the association and will be constituted and empowered by the Executive Committee as follows:

A. Executive Committee. The officers of the association will serve as the Executive Committee. The committee’s duties will be to develop bylaws, evaluate zoning variances, and advocate homeowners group issues. The Executive Committee will appoint all committees and their chairpersons, and monitor the performance of committees unless it is especially provided or ordered otherwise. The council may delegate to the Executive Committee the power to transact, when the council is not in session, business not affecting the established policy or procedure of the association. The Executive Committee will keep full minutes of each of its meetings and report the same to the next meeting of the council.

B. Membership Committee. This committee will consist of three members of the association and it will welcome new members with information packets, maintain membership directory, and organize neighborhood crime prevention programs.

C. Beautification Committee. This committee will consist of three members of the association and it will organize neighborhood work days, ensure appropriate street signage, and evaluate road maintenance needs and utility issues.

D. Activities Committee. This committee will consist of three members of the association and it will organize picnics and block parties, promote neighborhood involvement during holidays and develop other recreational activities.

E. Consultants: Special consultants may be appointed from time to time by the council or the president to consider and report to the council on subjects requiring investigation. These consultants will not vote as members of the council.

F. Appointment Tenure. Committee members may be appointed by the president to hold office until relieved, if the council so requests. All committees will have one year terms and members may be reelected to a committee. However, members can serve no more than four (4) consecutive terms (years) in positions which compose the Executive Committee.



ARTICLE VI



Membership
A. Classes of Membership. The association will have one class of members which will be property owners. Each property owner will have full voting rights of one (1) vote per household provided membership dues have been paid prior to the start of the general meeting and election.

B. Nomination of Candidates for membership. A candidate for membership must be a property owner in Beaver Creek.

C. Information on Candidates. The name and address and occupation of a candidate and his or her spouse and proof of his or her ownership will be provided to the membership committee upon request.





ARTICLE VII



Entrance Fees and Annual Dues
A. The entrance dues for a property owner will be $50.00.

B. The annual membership dues each year will be $50.00. New residents joining after the first day of July in any year will pay one-half of the dues for that year. All dues are non refundable.

C. Any member neglecting to pay dues or obligations of any kind for a period of two (2) months after they are due, provided notice of such obligation has been mailed to the member in a timely manner, will forfeit his or her rights to membership. After one additional month, if such dues or obligations are still unpaid, the member may be dropped from the roll of membership at the discretion of the council. If such discretion is not exercised, the member will be dropped from the roll at the end of the calendar year.



ARTICLE VIII



Termination of Membership
A. Termination by Resignation, Death or Expulsion. Membership in the BCNA will automatically terminate on his or her death or following his or her written request for termination delivered to the president or secretary of the association, or upon his or her expulsion by the council or upon the member no longer being a property owner within Beaver Creek.

B. Rights on Termination. Upon termination of membership, any right, title or interest of the member in or to the property and assets of the association will cease.



ARTICLE IX



Suspension and Expulsion of Members
A. Grounds for Suspension or Expulsion. Any member may be suspended or expelled from the association for willful infractions of the association’s rules or bylaws, or for acts of conduct that the council may deem to be disorderly, injurious or hostile to the interests or objectives of the association, provided the council gives notice to such offending member of the proceedings against him or her, and the member is provided an opportunity to be heard in his or her own defense.

B. Initiation of Suspension or Expulsion. Proceedings under this section will be initiated by resolution of the council or on complaint against any member signed by a simple majority of the membership and filed with the secretary. On adoption of the resolution or receipt of the complaint, as the case may be, the council will schedule the matter to be heard at the first regular, or a special, meeting of the council. The secretary will deliver to the accused member, at least seven (7) days prior to the date of the hearing, a copy of the resolution or complaint, together with a notice of the time and place of hearing.

C. Hearing. The president will preside at such hearing and will read the charges against the accused member. The hearing will be open to the general membership where the accused member will be allowed to make a statement in his or her own behalf, cross-examine those witnesses testifying against him or her, and call witnesses on his or her own behalf.

D. Determination of Hearing. The council may, by the affirmative vote of two-thirds of its members, request the offending member to resign or may suspend or expel the member. Should he or she decline to resign, on such request, the member’s name will be stricken from the rolls of the council.



ARTICLE X



Annual Meeting of Association
A. Date of Annual Meeting. The annual meeting of the association for the election of the Executive Council (Officers) and the transaction of the general business of the association will be held in March. Seven days’ notice of the meeting must be given to the members of the association. Members not present at such meetings may vote by letter addressed to the Secretary. Ballots containing announced candidates and write-in blanks will accompany the meeting notice and must be returned to the Secretary by noon the day of the meeting. These absentee ballots will be opened at the meeting by the Secretary, counted and shall be eligible in determining a quorum for the election only.

B. Special Meetings. Special meetings of the association may be called at any time by the president. The president must call a meeting at any time (or in his or her absence, by the vice-president or secretary) on the written request of a majority of the council, or on the written request of not less than twenty-five percent (25%) of the members of the association (membership defined in Article VI). Seven days’ notice of any special meeting must be given to the members of the association. The notice must state the objective of the meeting.

C. Quorum. Twenty-five percent (25%) of the general membership whose dues have been paid prior to the start of the meeting will constitute a quorum of all meetings of the association.

D. Order of Business. At the annual meeting of the association, the following will be the order of business:
  • Roll Call and documentation of a quorum
  • Minutes of preceding meeting and action on such minutes.
  • Reports of officers and committees.
  • Unfinished business.
  • Elections.
  • New Business
E. Officer affirmation oath. At the general meeting following the election and/or reelection of the association’s officers (at the beginning of new business), the following oath will be administered to the newly elected officers by a member of the association.

I (state your name) do affirm that to the best of my ability, I will fulfill the duties of my position, will follow, support and defend the Bylaws, and through my actions, honor the association – until replaced by my duly elected successor.



ARTICLE XI



Amendments
These bylaws may be amended by the affirmative votes of a majority of the members voting at any regular or special meeting of the association, provided notice of such amendment or amendments and the nature thereof has been given to the members of the association at least seven (7) days prior to the date of the meeting at which such amendment or amendments are to be presented for consideration. Any adopted amendments to the bylaws will be binding on all members, including those who voted against them. Members not present at such meeting may vote by letter addressed to the secretary. Amendment ballots must be returned to the Secretary by noon the day of the meeting.



ARTICLE XII



Dissolution
This association may be dissolved by the vote of a 51% of its members. In the event of dissolution the property of the association will be distributed equally between the active members of the association.




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