Code of Regulations of Tecumseh Woods, Incorporated
Article I- NAME
The name of this organization shall be Tecumseh Woods.
Article II - OBJECTS
The purpose for which this organization is formed is to promote the health and general welfare of its members, and in pursuance thereof to construct, own and operate a recreation area including a swimming pool, together with such incidental objects as are appropriate in the conduct of its activities.
Article III - MEMBERSHIP
Section 1. The membership of this organization shall consist of the following classes: (a) Annual Member (b) Life Member (c) Inactive Life Member. Each member shall consist of a family unit made up of a husband and wife, or head of a family, and any unmarried dependents living in the household
of said family unit; the Board of Trustees shall have the sole power to determine the status of dependents under this section.
Section 2.
An Annual Member shall be one who has been elected to such membership by the Board of Trustees; an Annual Member shall have activity privileges, and shall be required to pay dues per Article VII.
Section 3.
A Life Member shall be one who has been elected to such membership by the Board of Trustees; a Life Member shall have voting privileges and activity privileges and shall be required to pay a membership fee, dues and any assessments per Article VII.
Section 4.
An Inactive Life Member shall be one who shall have been a Life Member and who shall have been transferred, upon his own request from life membership to membership in this class; an Inactive Life Member shall have voting privileges, but shall be required to pay reduced dues per Article VII. Request for inactive status shall take effect as of the April 15th following receipt of the request.
Section 5.
(a) Membership shall be non-transferrable, except that a Life Member may with approval of the Board of Trustees, transfer to his son or daughter, such membership, without regard to any existing application for membership. Any such transfers must be accompanied by the difference, if any, between the membership fee in effect at the time application is made and the membership fee paid by the transferring member.
(b) The membership chairman of the Board of Trustees shall keep a waiting list of prospective members.
(c) A life member who has withdrawn in accordance with the Code of Regulations and Rules may be given immediate preference as to repayment of the life membership fee if no one on the waiting list wishes to apply for the Life Membership and:
1. He secures a request for application for a life membership from a prospective member;
2. Such new life member is accepted by the Board of Trustees;
3. The membership fee of such new life member is tendered with the application; and
4. The Board of Trustees is satisfied that the transaction is bona fide in that such new life member has been obtained by the withdrawing life member. Any advertising of any nature by anyone, whether identified or not, shall be considered immediate cause for the termination of this policy as to all withdrawing members.
Section 6.
Members who have notified the Board of Trustees in writing of their withdrawal shall have no activity or voting privileges, and shall not be required to pay any annual dues or assessments levied after their withdrawal.
Article IV - BOARD OF TRUSTEES
Section 1. The management of this organization shall reside in a Board of Trustees consisting of nine (9) Life Members. Only 2 positions, Treasurer and Membership Chairperson, shall receive remuneration in the amount equal to one season's annual dues per year. If an officer is removed from the position of Treasurer or Membership Chairperson, the compensation shall be pro-rated for the portion of the year for which they served, and the remaining dues shall be paid before swimming privileges are granted.
Section 2. (a) At each Annual Meeting three (3) trustees shall be elected to serve for a term of three (3) years and until their successors shall have been chosen. If more than three (3) trustees are to be elected as per Section 2.(d), the three candidates receiving the most votes shall be elected for the longest terms and the candidates receiving the next greatest number of votes shall fill the next longest terms.
(b) On or before January 1 of each year, the President of the Board of Trustees shall appoint three (3) Life Members, none of which shall be members of the Board of Trustees, who shall comprise the nominating committee. The nominating committee shall nominate a ticket of at least two (2) Life Members for each seat on the Board of Trustees to be filled at the next annual election, and on or before the first day of March immediately thereafter, shall present a written report of its nominations to the Secretary who shall thereafter cause the same to be printed in the newsletter of this organization. Life Members, in good standing, not less than five (5) in number, on or before April 1 preceding the election may nominate other candidates for the Board of Trustees. Such nominations shall be in writing signed by the Life Members making the same, and shall be placed in the hands of the Secretary. In the event any nominee withdraws from the organization following his nomination and before the annual meeting, the Board of Trustees shall have the authority to substitute another name. After all candidates have been nominated, the Board of Trustees shall cause their names to be placed on one ticket. The ticket, a statement of the number of Trustees to be elected and an unstamped envelope, addressed to the Secretary and marked "Ballot", shall be sent to each member at least ten (10) days prior to the election. Each member voting shall place an "X" opposite the name of each candidate for whom he votes and shall mail the same, postage prepaid, to the Secretary, sealed in the envelope so provided, or shall deposit the same in person, or by another Life Member prior to the Annual Meeting. At the time of the Annual Meeting, the Secretary shall deliver the ballots to the Inspectors of the Election appointed by the Board of Trustees to be opened by said inspectors and counted. The method set forth above for the nomination of candidates and election of Trustees shall be exclusive, provided that if after the time of the election, for any reason, there are not sufficient Trustees elected to fill the seats on the Board of Trustees to be filled at the election, then nominations for the vacancy or vacancies shall be received from the floor at the Annual Meeting and the election shall be by the votes of the members present in person.
(c) Any Trustee who shall cease to hold a membership in the organization, or who becomes an Inactive Member, shall automatically cease to be a member of the Board of Trustees.
(d) Vacancies in the Board of Trustees shall be temporarily filled by a majority vote of the remaining Trustees; the Trustee elected to fill such vacancy shall serve until the next Annual Meeting of the members, at which time any unexpired portion of such term shall be filled by vote of members with such election being held in accordance with Section 2 (a).
Section 3.
(a) The Board of Trustees shall meet at least once each month during the months of March to September, inclusively, and at such other times as they may deem necessary; the organizational meeting of the Board of Trustees shall be held within thirty (30) days following the Annual Meeting of the organization.
(b) Trustees shall be notified at least five (5) days before the date of each meeting of the Board of Trustees, unless such notice is waived by the ndividual Trustee or Trustees.
Section 4. Five (5) members of the Board shall constitute a quorum.
Section 5. The Board of Trustees shall have the power to make rules and take such action not inconsistent with this Code of Regulations or contrary to law, as in its judgment may be necessary or desirable for the welfare of the organization.
Section 6. (a) The Board of Trustees may, at their discretion, refund the membership fee of any prior Life Member whose membership has been terminated; but if the total number of Life Members and Inactive Life Members equals the Authorized Life Membership, then the membership fee of such prior Life Member shall be refunded; such membership fees shall be refunded in the same order in which the memberships of said Life Members were terminated.
(b) Any indebtedness owed to the organization by the prior member shall be deducted from any refund made under this section.
Section 7. The Board of Trustees shall make a detailed annual written financial report, prepared by a Certified Public Accountant, to the membership at the Annual Meeting of Members.
Section 8. The Board of Trustees shall not expend cash and incur obligations in excess of $25,000.00 for capital improvements during the periods between consecutive Annual Meetings of Members, without the express approval of a majority of the members.
Section 9. Any one or more members of the Board of Trustees may be removed from office by a three-fourths (3/4) vote of members present in
person or represented by written proxy at any special meeting of the organization.
Article V - OFFICERS
Section 1. The officers of this organization shall be a president, a vice president, a secretary and a treasurer, and such other officers as, in the discretion of the Board of Trustees, are deemed necessary or appropriate; the officers shall be elected annually by the Board of Trustees from the among the Trustees, and shall hold office until the election of their successors at the first meeting of the Board of Trustees following the Annual Meeting of Members.
Section 2. The president shall preside at the meetings of the organization and of the Board of Trustees; he shall appoint, subject to confirmation by the Board of Trustees, all standing committees and chairmen thereof, and all special committees as may be directed; he shall be ex officio a member of all committees.
Section 3. The vice president, in case of absence or disability of the president, shall act in his stead.
Section 4. The secretary shall send out notices of the meetings of the organization, keep the minutes of such meetings, conduct correspondence pertaining to his office, and perform such other duties pertaining to his office as may be requested of him by the Board of Trustees; in case of absence or disability of the president and vice president, he shall act for the president.
Section 5. The treasurer shall attend to keeping the accounts of the organization, collecting its revenues, and paying its debts as approved by the Board of Trustees or other agency authorized by the Board to incur such debts; he shall perform such other duties pertaining to his office as may be requested of him by the Board of T rustees; he shall be bonded; he shall have authority, with approval of the Board of Trustees, to appoint an Assistant Treasurer who is to be a Certified Public Accountant.
Article VI - ELECTION, SUSPENSION AND TERMINATION OF MEMBERSHIP
Section 1. With the exception of the initial life membership of 350 families and except for the election of Life Members under the provisions of Section 2 of this article, membership shall be conferred only by approval of the Board of Trustees, under the following procedure:
(a) A Membership chairman appointed by the president shall accept and consider requests for application for membership and shall refer those to the Board of Trustees for consideration in the order received; candidates for membership must be families known and recommended by two (2) members of the organization.
(b) The requests for application shall be considered and voted upon by the Board of Trustees. If the candidate receives the approval of three-fourths (3/4) of the Trustees present, the candidate shall be forthwith entitled to make application for full membership privileges. Once the application has been received together with all appropriate fees and dues, the applicant shall be entitled to full membership privileges.
(c) If a candidate has been approved for application but there are no available Life Memberships, the candidate's name shall be added to the bottom of the waiting list. When a Life Membership becomes available it shall be offered to the candidates on the waiting list in order starting at the top. The name of any
candidate on the waiting list who refuses an available Life Membership but wishes to remain a candidate for membership shall be placed at the bottom of
the waiting list.
d) Following the acceptance of candidates to membership by the Board of Trustees, the membership chairman shall: (1) during the swimming season when the pool is open, post the names of all such new applicants on the bulletin board within 48 hours after membership privileges have been granted, or
2) during the non-swimming season when the pool is closed, maintain a list of all such new applicants and report the names of such applicants to the secretary for publication in the newsletter of this organization at the earliest opportunity thereafter. The membership chairman shall enter the date posted on each such list as it is placed either at the pool or in the newsletter.
(e) Following the posting of names of new applicants as indicated in Section 1.(c) above, there shall be a ten-day period during which members may make a written objection to the acceptance of the new applicant. Such objection must be in writing and must be signed by at least five (5) current active members and must be delivered to the secretary no later than ten (10) days following the posting of the name or names of new applicants. If written objection is filed and such objection has not been withdrawn, the applicant shall be voted upon again by the Board of Trustees within seven (7) days from receipt of such objection and, in order to be accepted, must receive the approval of at least three-fourths (3/4) of the Trustees present at a special meeting called to consider such objection. A rejected applicant shall be notified by the Secretary in writing of such action within 48 hours whereupon membership privileges shall be terminated. All monies paid by a rejected applicant shall be forthwith refunded.
Section 2. (a) Annual Memberships may only be offered to applicants on the life membership waiting list, in order in which those applicants were placed upon said list; acceptance of an Annual Membership shall not affect an applicant's position on said life membership waiting list.
(b) No one may be an Annual Member for more than one season.
(c) An Inactive Life Member shall be reinstated to Life Membership during any year, upon his request provided such request is made in writing to the Board of Trustees prior to April 1 of that year.
Section 3. (a) The "Authorized Life Membership" (including inactive life memberships) shall be set at three hundred fifty (350).
(b) The number of Annual Memberships offered in any year shall not exceed the total of the following: (1) Inactive Life Members; and, (2) withdrawn Life Members who have not paid annual dues.
Section 4. (a) Any Member may, for cause and after having been given an opportunity for a hearing be suspended for a period not exceeding two (2) months by a two-thirds (2/3) vote of the members of the Board of Trustees present at any meeting thereof, or expelled by an affirmative vote of eight (8) trustees; cause for suspension or expulsion shall in general, consist of violation of this code of regulations or of the rules of the organization or of conduct unbecoming a lady or gentleman.
(b) The Board of Trustees may delegate to one or more designated organization members or committees, or to a responsible employee of the organization, the power to suspend activity privileges for the violation of organization rules or this code of regulations, provided such suspension does not exceed seven (7) days; a written report of such suspension, containing reasons therefor, shall be submitted to the president within twenty-four (24) hours.
Section 5.
Any member may withdraw at any time by notifying the Board of Trustees in writing of the desire to withdraw, but refund of the current year's dues shall
be discretionary with the Board of Trustees.
Section 6. The membership shall be listed on the organizational records in the name of the husband unless otherwise requested. If a member should die, such membership, subject to the approval of the Board of Trustees, may be transferred to the deceased member's surviving spouse, or if there be no spouse, then to one of the persons found to be entitled to such membership in accordance with the laws of inheritance of Ohio and the orders of the Probate Court in which such deceased member's estate is administered. In the event of divorce, dissolution, annullment or other termination of marriage, the membership shall remain listed on the organizational records in the name designated above unless otherwise ordered by a court of competent jurisdiction.
Article VII - DUES, FEES AND ASSESSMENTS
Section 1. The dues for an Annual Member shall be $175.00 per year unless modified by the Board of Trustees.
Section 2. (a) The Life Membership fee shall be $350.00. The Board of Trustees shall review the value of the Lifetime Membership fee at least once each year
and may adjust the value of the Life Membership on the basis of sound, customary accounting procedures, including any assessments, capital improvements, depreciation and appreciation of assets as may be necessary by reason of ordinary wear and tear and any changed economic circumstances. Notice of any revaluation of the Life Membership fee shall be given in writing by the Board of Trustees to the members at least five (5) days prior to any special or
annual meeting. Said revaluation shall be final unless modified by a two-thirds (2/3) vote of the members present in person or represented by proxy or ballot at any special or annual meeting.
(b) The Board of Trustees shall establish dues for Life Members. In no case shall the dues for Life Members increase more than the percentage indicated in the general inflation index published in January of the same year. This percentage must not exceed 5%and is to be figured using the previous year's annual dues. Additional changes must be authorized by a two-thirds (2/3) vote of all members present in person or by proxy at any special or annual meeting provided that at least ten (10) days' notice of such proposal shall be given by mail to each member.
c) The Board of Trustees may establish assessments for each year as needed in addition to the annual dues except that no assessments shall be established for inactive Life embers; in no case shall assessments exceed $40.00 per active Life Member per year, except when so authorized by a majority vote of all members present in person or represented by written proxy at any special or annual meeting provided that ten (10) days' notice of such proposed assessment shall be given by mail to each member.
Section 3. The dues for an Inactive Life Member shall be $50.00 per year unless modified by the Board of Trustees.
Section 4. (a) Any member failing to pay dues, assessments or other indebtedness before April 15th shall be notified by the treasurer that if such indebtedness shall not be paid within fifteen (15) days, the delinquent member may be suspended by the Board of Trustees; any member thus suspended shall immediately be notified in writing by the secretary of the suspension, and if the indebtedness shall not be paid within fifteen (15) days after the sending of such notice, membership in the organization shall be automatically terminated; provided, however, that the trustees may, at their discretion, reinstate any
such member upon request and payment of all indebtedness to the organization.
(b) If a member's annual dues (including any assessment) have not been paid in full by the due date, then the member shall be charged a late fee of $25.00. The annual dues will be considered paid only when the dues and late fee have been paid in full. If the dues and late fee are not paid in full, then the membership privileges of the delinquent member shall be subject to suspension or termination as provided in the Code of Regulations. If a member
withdraws after the late charge has been assessed, the member shall be required to pay the charge before the Life Membership fee is refunded.
Section 5. Members shall be responsible for the payment of all charges or liabilities that may be imposed upon or incurred by them, and for all charges imposed upon or incurred by their guests to whom the privileges of the organization shall have been extended.
Section 6. All fees and other charges stated or mentioned herein are exclusive of taxes imposed by the Federal, State and other governmental bodies and agencies.
Article VIII - MEETINGS
Section 1. The annual meeting of members shall be held during the month of April in each year, at such time and place as the Board of Trustees shall determine.
Section 2. (a) A special meeting of members may be called at any time by the Board of Trustees.
(b) Special Meetings of members shall be called by the secretary within thirty (30) days of written request for such a meeting made by at least thirty (30) members.
Section 3. (a) Notice of all meetings of members shall be given by mail to all members at least ten (10) days prior to such meeting; mailing of notice to the last
known address of members shall constitute sufficient notice under this section.
(b) Notice of a special meeting shall state the purpose for which the special meeting is called, and no other business shall be transacted
thereat.
Section 4. Members present in person shall constitute a quorum at any meeting of members.
Section 5. Members may be represented by written proxy; voting may be viva voce, but a majority of members present including those represented by proxy can demand and obtain a vote by roll call.
Article IX - SWIM TEAM
Section 1. In accordance with its purposes the organization shall form and operate a swim team whenever possible.
Section 2. The swim team shall be operated under the general direction of the parents of the swim team members. Such parents shall elect officers as necessary to conduct the business affairs of the swim team.
Section 3. The swim team officers shall prepare a proposed budget no later than the annual meeting and shall submit said budget to the Board of Trustees for approval prior to the expenditure of any funds. The swim team shall not spend or obligate funds in excess of the approved budget without the advance approval of the Board of Trustees.
Section 4. The swim team officers shall have the responsibility to hire and fire coaches as necessary, with the prior approval of the Board of Trustees.
The swim team officers shall be responsible for obtaining a signed contract of employment from each paid coaching position of the swim team organization. The employment contract must include all job descriptions and rules of employment, and must be signed and dated by each individual hired and by the swim team officers. A copy of each employment contract is to be submitted to the Board of Trustees for approval before such contract is to take effect.
Any change or deviation from the job responsibilities or rules of employment must be submitted in writing to the Board of Trustees and approved by the Board before such changes are to take effect.
Article X - DISSOLUTION
Section 1. This organization may be dissolved by an affirmative vote of two-thirds (2/3) of all members present and voting at a meeting called for that purpose.
Section 2. In the event of dissolution of the organization in any manner or for any cause, the assets of the organization shall be sold and the proceeds of such sale, after payment of all just debts and obligations of the organization, distributed pro rata among the Life Members and inactive Life Members of the organization, each of such members' share, however, being subject to set off of all debts, including unpaid dues or assessments, and obligations owed to the organization by such members.
Article XI - MISCELLANEOUS
Section 1. (a) Each person who acts as a trustee or officer of the organization shall be indemnified by the organization against expenses actually and necessarily incurred by him in connection with the defense of any action, suit or proceeding in having been a trustee or officer of the organization except in relation to matters as to which he shall be adjudged in such action, suit or proceeding to be liable for gross negligence or willful misconduct in the performance of his duties.
(b) The right of indemnification provided herein shall be insured to each Trustee and Officer referred to in the preceding paragraph, whether or not he is a Trustee or Officer at the time such costs or expenses are imposed or incurred; in the event of his death the right shall extend to his legal representatives.
Section 2. Intoxicating beverages shall not be brought or consumed upon the organization property except at special adult functions with Board approval.
Section 3. (a) The organization assumes no responsibility, and members or their guests can have no claim against the organization, for the property of
any members or any guests which is brought upon or left on organization property.
(b) The organization assumes no responsibility and members or their guests can have no claim against the organization for any accident, injury
or damage to any person or their property.
Section 4. This Code of Regulations may be amended by a majority vote of the members present in person or represented by written proxy at any special or annual meeting, provided that at least twenty (20) days' notice of such amendment shall be given by mail to each member.
Article I- NAME
The name of this organization shall be Tecumseh Woods.
Article II - OBJECTS
The purpose for which this organization is formed is to promote the health and general welfare of its members, and in pursuance thereof to construct, own and operate a recreation area including a swimming pool, together with such incidental objects as are appropriate in the conduct of its activities.
Article III - MEMBERSHIP
Section 1. The membership of this organization shall consist of the following classes: (a) Annual Member (b) Life Member (c) Inactive Life Member. Each member shall consist of a family unit made up of a husband and wife, or head of a family, and any unmarried dependents living in the household
of said family unit; the Board of Trustees shall have the sole power to determine the status of dependents under this section.
Section 2.
An Annual Member shall be one who has been elected to such membership by the Board of Trustees; an Annual Member shall have activity privileges, and shall be required to pay dues per Article VII.
Section 3.
A Life Member shall be one who has been elected to such membership by the Board of Trustees; a Life Member shall have voting privileges and activity privileges and shall be required to pay a membership fee, dues and any assessments per Article VII.
Section 4.
An Inactive Life Member shall be one who shall have been a Life Member and who shall have been transferred, upon his own request from life membership to membership in this class; an Inactive Life Member shall have voting privileges, but shall be required to pay reduced dues per Article VII. Request for inactive status shall take effect as of the April 15th following receipt of the request.
Section 5.
(a) Membership shall be non-transferrable, except that a Life Member may with approval of the Board of Trustees, transfer to his son or daughter, such membership, without regard to any existing application for membership. Any such transfers must be accompanied by the difference, if any, between the membership fee in effect at the time application is made and the membership fee paid by the transferring member.
(b) The membership chairman of the Board of Trustees shall keep a waiting list of prospective members.
(c) A life member who has withdrawn in accordance with the Code of Regulations and Rules may be given immediate preference as to repayment of the life membership fee if no one on the waiting list wishes to apply for the Life Membership and:
1. He secures a request for application for a life membership from a prospective member;
2. Such new life member is accepted by the Board of Trustees;
3. The membership fee of such new life member is tendered with the application; and
4. The Board of Trustees is satisfied that the transaction is bona fide in that such new life member has been obtained by the withdrawing life member. Any advertising of any nature by anyone, whether identified or not, shall be considered immediate cause for the termination of this policy as to all withdrawing members.
Section 6.
Members who have notified the Board of Trustees in writing of their withdrawal shall have no activity or voting privileges, and shall not be required to pay any annual dues or assessments levied after their withdrawal.
Article IV - BOARD OF TRUSTEES
Section 1. The management of this organization shall reside in a Board of Trustees consisting of nine (9) Life Members. Only 2 positions, Treasurer and Membership Chairperson, shall receive remuneration in the amount equal to one season's annual dues per year. If an officer is removed from the position of Treasurer or Membership Chairperson, the compensation shall be pro-rated for the portion of the year for which they served, and the remaining dues shall be paid before swimming privileges are granted.
Section 2. (a) At each Annual Meeting three (3) trustees shall be elected to serve for a term of three (3) years and until their successors shall have been chosen. If more than three (3) trustees are to be elected as per Section 2.(d), the three candidates receiving the most votes shall be elected for the longest terms and the candidates receiving the next greatest number of votes shall fill the next longest terms.
(b) On or before January 1 of each year, the President of the Board of Trustees shall appoint three (3) Life Members, none of which shall be members of the Board of Trustees, who shall comprise the nominating committee. The nominating committee shall nominate a ticket of at least two (2) Life Members for each seat on the Board of Trustees to be filled at the next annual election, and on or before the first day of March immediately thereafter, shall present a written report of its nominations to the Secretary who shall thereafter cause the same to be printed in the newsletter of this organization. Life Members, in good standing, not less than five (5) in number, on or before April 1 preceding the election may nominate other candidates for the Board of Trustees. Such nominations shall be in writing signed by the Life Members making the same, and shall be placed in the hands of the Secretary. In the event any nominee withdraws from the organization following his nomination and before the annual meeting, the Board of Trustees shall have the authority to substitute another name. After all candidates have been nominated, the Board of Trustees shall cause their names to be placed on one ticket. The ticket, a statement of the number of Trustees to be elected and an unstamped envelope, addressed to the Secretary and marked "Ballot", shall be sent to each member at least ten (10) days prior to the election. Each member voting shall place an "X" opposite the name of each candidate for whom he votes and shall mail the same, postage prepaid, to the Secretary, sealed in the envelope so provided, or shall deposit the same in person, or by another Life Member prior to the Annual Meeting. At the time of the Annual Meeting, the Secretary shall deliver the ballots to the Inspectors of the Election appointed by the Board of Trustees to be opened by said inspectors and counted. The method set forth above for the nomination of candidates and election of Trustees shall be exclusive, provided that if after the time of the election, for any reason, there are not sufficient Trustees elected to fill the seats on the Board of Trustees to be filled at the election, then nominations for the vacancy or vacancies shall be received from the floor at the Annual Meeting and the election shall be by the votes of the members present in person.
(c) Any Trustee who shall cease to hold a membership in the organization, or who becomes an Inactive Member, shall automatically cease to be a member of the Board of Trustees.
(d) Vacancies in the Board of Trustees shall be temporarily filled by a majority vote of the remaining Trustees; the Trustee elected to fill such vacancy shall serve until the next Annual Meeting of the members, at which time any unexpired portion of such term shall be filled by vote of members with such election being held in accordance with Section 2 (a).
Section 3.
(a) The Board of Trustees shall meet at least once each month during the months of March to September, inclusively, and at such other times as they may deem necessary; the organizational meeting of the Board of Trustees shall be held within thirty (30) days following the Annual Meeting of the organization.
(b) Trustees shall be notified at least five (5) days before the date of each meeting of the Board of Trustees, unless such notice is waived by the ndividual Trustee or Trustees.
Section 4. Five (5) members of the Board shall constitute a quorum.
Section 5. The Board of Trustees shall have the power to make rules and take such action not inconsistent with this Code of Regulations or contrary to law, as in its judgment may be necessary or desirable for the welfare of the organization.
Section 6. (a) The Board of Trustees may, at their discretion, refund the membership fee of any prior Life Member whose membership has been terminated; but if the total number of Life Members and Inactive Life Members equals the Authorized Life Membership, then the membership fee of such prior Life Member shall be refunded; such membership fees shall be refunded in the same order in which the memberships of said Life Members were terminated.
(b) Any indebtedness owed to the organization by the prior member shall be deducted from any refund made under this section.
Section 7. The Board of Trustees shall make a detailed annual written financial report, prepared by a Certified Public Accountant, to the membership at the Annual Meeting of Members.
Section 8. The Board of Trustees shall not expend cash and incur obligations in excess of $25,000.00 for capital improvements during the periods between consecutive Annual Meetings of Members, without the express approval of a majority of the members.
Section 9. Any one or more members of the Board of Trustees may be removed from office by a three-fourths (3/4) vote of members present in
person or represented by written proxy at any special meeting of the organization.
Article V - OFFICERS
Section 1. The officers of this organization shall be a president, a vice president, a secretary and a treasurer, and such other officers as, in the discretion of the Board of Trustees, are deemed necessary or appropriate; the officers shall be elected annually by the Board of Trustees from the among the Trustees, and shall hold office until the election of their successors at the first meeting of the Board of Trustees following the Annual Meeting of Members.
Section 2. The president shall preside at the meetings of the organization and of the Board of Trustees; he shall appoint, subject to confirmation by the Board of Trustees, all standing committees and chairmen thereof, and all special committees as may be directed; he shall be ex officio a member of all committees.
Section 3. The vice president, in case of absence or disability of the president, shall act in his stead.
Section 4. The secretary shall send out notices of the meetings of the organization, keep the minutes of such meetings, conduct correspondence pertaining to his office, and perform such other duties pertaining to his office as may be requested of him by the Board of Trustees; in case of absence or disability of the president and vice president, he shall act for the president.
Section 5. The treasurer shall attend to keeping the accounts of the organization, collecting its revenues, and paying its debts as approved by the Board of Trustees or other agency authorized by the Board to incur such debts; he shall perform such other duties pertaining to his office as may be requested of him by the Board of T rustees; he shall be bonded; he shall have authority, with approval of the Board of Trustees, to appoint an Assistant Treasurer who is to be a Certified Public Accountant.
Article VI - ELECTION, SUSPENSION AND TERMINATION OF MEMBERSHIP
Section 1. With the exception of the initial life membership of 350 families and except for the election of Life Members under the provisions of Section 2 of this article, membership shall be conferred only by approval of the Board of Trustees, under the following procedure:
(a) A Membership chairman appointed by the president shall accept and consider requests for application for membership and shall refer those to the Board of Trustees for consideration in the order received; candidates for membership must be families known and recommended by two (2) members of the organization.
(b) The requests for application shall be considered and voted upon by the Board of Trustees. If the candidate receives the approval of three-fourths (3/4) of the Trustees present, the candidate shall be forthwith entitled to make application for full membership privileges. Once the application has been received together with all appropriate fees and dues, the applicant shall be entitled to full membership privileges.
(c) If a candidate has been approved for application but there are no available Life Memberships, the candidate's name shall be added to the bottom of the waiting list. When a Life Membership becomes available it shall be offered to the candidates on the waiting list in order starting at the top. The name of any
candidate on the waiting list who refuses an available Life Membership but wishes to remain a candidate for membership shall be placed at the bottom of
the waiting list.
d) Following the acceptance of candidates to membership by the Board of Trustees, the membership chairman shall: (1) during the swimming season when the pool is open, post the names of all such new applicants on the bulletin board within 48 hours after membership privileges have been granted, or
2) during the non-swimming season when the pool is closed, maintain a list of all such new applicants and report the names of such applicants to the secretary for publication in the newsletter of this organization at the earliest opportunity thereafter. The membership chairman shall enter the date posted on each such list as it is placed either at the pool or in the newsletter.
(e) Following the posting of names of new applicants as indicated in Section 1.(c) above, there shall be a ten-day period during which members may make a written objection to the acceptance of the new applicant. Such objection must be in writing and must be signed by at least five (5) current active members and must be delivered to the secretary no later than ten (10) days following the posting of the name or names of new applicants. If written objection is filed and such objection has not been withdrawn, the applicant shall be voted upon again by the Board of Trustees within seven (7) days from receipt of such objection and, in order to be accepted, must receive the approval of at least three-fourths (3/4) of the Trustees present at a special meeting called to consider such objection. A rejected applicant shall be notified by the Secretary in writing of such action within 48 hours whereupon membership privileges shall be terminated. All monies paid by a rejected applicant shall be forthwith refunded.
Section 2. (a) Annual Memberships may only be offered to applicants on the life membership waiting list, in order in which those applicants were placed upon said list; acceptance of an Annual Membership shall not affect an applicant's position on said life membership waiting list.
(b) No one may be an Annual Member for more than one season.
(c) An Inactive Life Member shall be reinstated to Life Membership during any year, upon his request provided such request is made in writing to the Board of Trustees prior to April 1 of that year.
Section 3. (a) The "Authorized Life Membership" (including inactive life memberships) shall be set at three hundred fifty (350).
(b) The number of Annual Memberships offered in any year shall not exceed the total of the following: (1) Inactive Life Members; and, (2) withdrawn Life Members who have not paid annual dues.
Section 4. (a) Any Member may, for cause and after having been given an opportunity for a hearing be suspended for a period not exceeding two (2) months by a two-thirds (2/3) vote of the members of the Board of Trustees present at any meeting thereof, or expelled by an affirmative vote of eight (8) trustees; cause for suspension or expulsion shall in general, consist of violation of this code of regulations or of the rules of the organization or of conduct unbecoming a lady or gentleman.
(b) The Board of Trustees may delegate to one or more designated organization members or committees, or to a responsible employee of the organization, the power to suspend activity privileges for the violation of organization rules or this code of regulations, provided such suspension does not exceed seven (7) days; a written report of such suspension, containing reasons therefor, shall be submitted to the president within twenty-four (24) hours.
Section 5.
Any member may withdraw at any time by notifying the Board of Trustees in writing of the desire to withdraw, but refund of the current year's dues shall
be discretionary with the Board of Trustees.
Section 6. The membership shall be listed on the organizational records in the name of the husband unless otherwise requested. If a member should die, such membership, subject to the approval of the Board of Trustees, may be transferred to the deceased member's surviving spouse, or if there be no spouse, then to one of the persons found to be entitled to such membership in accordance with the laws of inheritance of Ohio and the orders of the Probate Court in which such deceased member's estate is administered. In the event of divorce, dissolution, annullment or other termination of marriage, the membership shall remain listed on the organizational records in the name designated above unless otherwise ordered by a court of competent jurisdiction.
Article VII - DUES, FEES AND ASSESSMENTS
Section 1. The dues for an Annual Member shall be $175.00 per year unless modified by the Board of Trustees.
Section 2. (a) The Life Membership fee shall be $350.00. The Board of Trustees shall review the value of the Lifetime Membership fee at least once each year
and may adjust the value of the Life Membership on the basis of sound, customary accounting procedures, including any assessments, capital improvements, depreciation and appreciation of assets as may be necessary by reason of ordinary wear and tear and any changed economic circumstances. Notice of any revaluation of the Life Membership fee shall be given in writing by the Board of Trustees to the members at least five (5) days prior to any special or
annual meeting. Said revaluation shall be final unless modified by a two-thirds (2/3) vote of the members present in person or represented by proxy or ballot at any special or annual meeting.
(b) The Board of Trustees shall establish dues for Life Members. In no case shall the dues for Life Members increase more than the percentage indicated in the general inflation index published in January of the same year. This percentage must not exceed 5%and is to be figured using the previous year's annual dues. Additional changes must be authorized by a two-thirds (2/3) vote of all members present in person or by proxy at any special or annual meeting provided that at least ten (10) days' notice of such proposal shall be given by mail to each member.
c) The Board of Trustees may establish assessments for each year as needed in addition to the annual dues except that no assessments shall be established for inactive Life embers; in no case shall assessments exceed $40.00 per active Life Member per year, except when so authorized by a majority vote of all members present in person or represented by written proxy at any special or annual meeting provided that ten (10) days' notice of such proposed assessment shall be given by mail to each member.
Section 3. The dues for an Inactive Life Member shall be $50.00 per year unless modified by the Board of Trustees.
Section 4. (a) Any member failing to pay dues, assessments or other indebtedness before April 15th shall be notified by the treasurer that if such indebtedness shall not be paid within fifteen (15) days, the delinquent member may be suspended by the Board of Trustees; any member thus suspended shall immediately be notified in writing by the secretary of the suspension, and if the indebtedness shall not be paid within fifteen (15) days after the sending of such notice, membership in the organization shall be automatically terminated; provided, however, that the trustees may, at their discretion, reinstate any
such member upon request and payment of all indebtedness to the organization.
(b) If a member's annual dues (including any assessment) have not been paid in full by the due date, then the member shall be charged a late fee of $25.00. The annual dues will be considered paid only when the dues and late fee have been paid in full. If the dues and late fee are not paid in full, then the membership privileges of the delinquent member shall be subject to suspension or termination as provided in the Code of Regulations. If a member
withdraws after the late charge has been assessed, the member shall be required to pay the charge before the Life Membership fee is refunded.
Section 5. Members shall be responsible for the payment of all charges or liabilities that may be imposed upon or incurred by them, and for all charges imposed upon or incurred by their guests to whom the privileges of the organization shall have been extended.
Section 6. All fees and other charges stated or mentioned herein are exclusive of taxes imposed by the Federal, State and other governmental bodies and agencies.
Article VIII - MEETINGS
Section 1. The annual meeting of members shall be held during the month of April in each year, at such time and place as the Board of Trustees shall determine.
Section 2. (a) A special meeting of members may be called at any time by the Board of Trustees.
(b) Special Meetings of members shall be called by the secretary within thirty (30) days of written request for such a meeting made by at least thirty (30) members.
Section 3. (a) Notice of all meetings of members shall be given by mail to all members at least ten (10) days prior to such meeting; mailing of notice to the last
known address of members shall constitute sufficient notice under this section.
(b) Notice of a special meeting shall state the purpose for which the special meeting is called, and no other business shall be transacted
thereat.
Section 4. Members present in person shall constitute a quorum at any meeting of members.
Section 5. Members may be represented by written proxy; voting may be viva voce, but a majority of members present including those represented by proxy can demand and obtain a vote by roll call.
Article IX - SWIM TEAM
Section 1. In accordance with its purposes the organization shall form and operate a swim team whenever possible.
Section 2. The swim team shall be operated under the general direction of the parents of the swim team members. Such parents shall elect officers as necessary to conduct the business affairs of the swim team.
Section 3. The swim team officers shall prepare a proposed budget no later than the annual meeting and shall submit said budget to the Board of Trustees for approval prior to the expenditure of any funds. The swim team shall not spend or obligate funds in excess of the approved budget without the advance approval of the Board of Trustees.
Section 4. The swim team officers shall have the responsibility to hire and fire coaches as necessary, with the prior approval of the Board of Trustees.
The swim team officers shall be responsible for obtaining a signed contract of employment from each paid coaching position of the swim team organization. The employment contract must include all job descriptions and rules of employment, and must be signed and dated by each individual hired and by the swim team officers. A copy of each employment contract is to be submitted to the Board of Trustees for approval before such contract is to take effect.
Any change or deviation from the job responsibilities or rules of employment must be submitted in writing to the Board of Trustees and approved by the Board before such changes are to take effect.
Article X - DISSOLUTION
Section 1. This organization may be dissolved by an affirmative vote of two-thirds (2/3) of all members present and voting at a meeting called for that purpose.
Section 2. In the event of dissolution of the organization in any manner or for any cause, the assets of the organization shall be sold and the proceeds of such sale, after payment of all just debts and obligations of the organization, distributed pro rata among the Life Members and inactive Life Members of the organization, each of such members' share, however, being subject to set off of all debts, including unpaid dues or assessments, and obligations owed to the organization by such members.
Article XI - MISCELLANEOUS
Section 1. (a) Each person who acts as a trustee or officer of the organization shall be indemnified by the organization against expenses actually and necessarily incurred by him in connection with the defense of any action, suit or proceeding in having been a trustee or officer of the organization except in relation to matters as to which he shall be adjudged in such action, suit or proceeding to be liable for gross negligence or willful misconduct in the performance of his duties.
(b) The right of indemnification provided herein shall be insured to each Trustee and Officer referred to in the preceding paragraph, whether or not he is a Trustee or Officer at the time such costs or expenses are imposed or incurred; in the event of his death the right shall extend to his legal representatives.
Section 2. Intoxicating beverages shall not be brought or consumed upon the organization property except at special adult functions with Board approval.
Section 3. (a) The organization assumes no responsibility, and members or their guests can have no claim against the organization, for the property of
any members or any guests which is brought upon or left on organization property.
(b) The organization assumes no responsibility and members or their guests can have no claim against the organization for any accident, injury
or damage to any person or their property.
Section 4. This Code of Regulations may be amended by a majority vote of the members present in person or represented by written proxy at any special or annual meeting, provided that at least twenty (20) days' notice of such amendment shall be given by mail to each member.