The Association shall be known as the “Mt. Kemble Lake Association,
Inc.”
Mt.
Kemble Lake is a unique residential community that is organized and operated to
support the interests and concerns of its Members and other residents through
shared social, recreational and living resources. The collective efforts of Members are the
means by which the resources of the community are developed, maintained,
enjoyed and conserved. The membership of
Mt. Kemble Lake is strongly committed to the principle of community action
through individual participation in community affairs for the good of all who
live at the Lake.
At
the same time, it is the desire and intent of the membership of Mt. Kemble Lake
to fully and completely respect the privacy and inherent rights of the
individual, including those of property ownership and participation in
community activities, without discrimination.
These rights of the individual, coupled with the opportunity for
individual participation in community affairs, make Mt. Kemble Lake a most
desirable place in which to live.
The
purpose of the Association, through its elected officials, is to enhance the
community through the development, use, regulation and conservation of
community property for Association Members. The Association shall have
responsibility to administer and govern community activities. The following functions are inherent in this
responsibility:
• Community Property
- Seek
enhancement of its use.
- Provide
for maintenance and care.
- Adopt
rules and regulations for its use and enforce those rules equitably and
diligently. Establish appropriate
sanctions for non-compliance.
- Equip
and update the clubhouse and other community property to meet the priorities of
its Members.
• Community Activities
- Identify
and conduct such activities as may be of interest to its Members.
- Provide
leadership on joint issues with other Mt. Kemble Lake community organizations
to assure a coordinated approach toward the use of resources.
- Establish
and maintain communication channels to inform the membership about Association
and community actions.
The
term “community property” shall include all properties used in common by
the community, with the exception of the dam and the properties of the Water
Company which are owned and maintained by the Lakeshore Company.
Section
1. Purpose - The activities
of the Association are governed by an elected Board of Trustees (Board) as
provided in Article XI. Many of these
activities are accomplished through the use of standing committees and
subcommittees of the Association. These
committees are an important means for ensuring that specific responsibilities
of interest and priority to Association Members are discharged. The concept of committees is based on the
following objectives:
• Broaden the base of involvement in community
activities.
• Ensure that important areas of community
function are given the necessary effort.
• Provide leadership continuity for achieving
important objectives.
Section
2. Committees -
All committees with respect to their operations, expenditures and policies
shall be responsible to the Board.
Except as otherwise provided below, Committee Chairpersons will be
selected by vote of the Board and must be Members of the Board. Committee members shall be selected by the
Chairpersons of the respective committees, subject to the approval of the Board
and shall serve for two years.
From
time to time, the Board may elect to establish committees, pro tem, for special
purposes. These committees are not
standing committees and members serve only at the pleasure of the Board.
All
committees shall report on their activities at the annual meeting of the
Association.
A.
Beaches and Docks
The
Beaches and Docks Committee shall consist of a Board member as Chairperson, and
two additional Association Members. It
shall have responsibility for:
1. Studying,
testing and treating the waters of Mt. Kemble Lake to keep them viable for
recreational purposes.
2. Maintaining
the docks, beaches, floats and other lake related community property of the
Association.
3. Initiating
planned lake lowerings authorized by the Board and coordinated with the
Lakeshore Company.
4. Overseeing
fish stocking authorized by the Membership.
5. Overseeing
dredging activities approved by the Board.
6. Contracting
for and supervising services related to these responsibilities.
B.
Grounds
The
Grounds Committee shall consist of a Board member as Chairperson and two
Association Members. It shall have
responsibility for:
1. Developing
and maintaining the common use areas of the community, such as, but not limited
to, the tennis court, playground and grass areas.
2. Maintaining the open areas of the community by
planting, trimming and clearing.
3. Maintaining sight clearances on community
property at road intersections.
4. Contracting for and supervising services
related to these responsibilities.
C.
House Maintenance
The
House Maintenance Committee shall consist of a Board member as Chairperson and
two Association Members. It shall have responsibility for:
1. Maintaining
the exterior and interior structure and physical plant of the Clubhouse.
2. Contracting
for and supervising services related to these responsibilities.
D.
Clubhouse
The Clubhouse
Committee shall consist of a Board member as Chairperson, a Member of the
Country Club Board and four additional Association Members. No more than two Members are to be rotated
from the committee in any one year except in the event of resignations. The committee shall have responsibility for:
1. The decor
and general condition of the Clubhouse.
It shall solicit suggestions from the Membership regarding these
responsibilities.
2. Ensuring
the cleanliness of the facilities after they have been used as well as stocking
regular supplies to support social and other special events.
3. Making
specific recommendations to the Board regarding significant changes to the
decor of the exterior and/or interior of the building, including furniture and
fixtures.
In
order to provide a dedicated fund for improvements to the decor and furnishings
of the Clubhouse, excess funds from Country Club social events will be
earmarked for the use of this committee.
These funds along with any other funds specifically designated for the
decor of the Clubhouse are to be expended by this committee, with the approval
of the Board, exclusively to enhance the equipping and use of the
Clubhouse. Special approval by the Board
for additional funds would be necessary in the event of a shortage of funds
during the fiscal year. The Clubhouse
Committee will be responsible for the implementation of approved
recommendations. In the event of a
substantial emergency affecting the entire community, the Board, by majority
vote, may elect to use available designated funds in support of that emergency.
E.
Roads
The
Roads Committee shall consist of a Board member as Chairperson and two
Association Members. It shall have
responsibility for the maintenance and repair of all community roads to
include:
1. Snow
plowing and leaf clearing.
2. Maintenance
of the firelanes.
3. Repair and
periodic resealing of the roads.
4. Periodic
road closure to protect private property status.
5. Cleaning
and clearing of road drains and culverts.
6. Installing
and maintaining road signage.
7. Summer and
special event road patrols.
8. Contracting
for and supervising services related to these responsibilities.
F.
Planning
The
Planning Committee shall consist of representatives of the three community boards
and three additional Association Members.
Annually, the committee shall elect a Chairperson from its members. No more than two Members are to be rotated
off of the committee in any one year except in the event of resignations. The committee shall have the responsibility
of formulating long range plans for the improvement and/or expansion of the
facilities and programs of the Association, consistent with the interests and
priorities of the Association Members.
In formulating these plans, the committee shall systematically solicit
input from Association Members. The
committee shall devise a master plan, which it may revise from time to time,
along with a tentative schedule for the attainment of objectives set forth in
the master plan.
G.
Community Affairs
The
Community Affairs Committee is to be the communications link from the Board to
the community. It shall assist new
residents of the community in understanding the structure of the community and
encourage participation in its operation and activities. The Community Affairs Committee shall consist
of a Board member as Chairperson and two Association Members.
Specific
responsibilities of the committee include:
1. New Member
orientation.
a. distribution of the most current By-Laws of
each community organization.
b. distribution of the most current regulations
of the Association.
c. inviting new Members/residents to an
orientation meeting, to include representatives from each of the three
community boards, within six months of moving to the Lake.
d. explanation of the structure and operation of
community organizations and activities, e.g. clean-ups, social events.
e. invite/escort to a community social function.
f. liaison for questions.
2. Member
communications.
a.
community newsletter.
b. special
event notification.
c.
communication lists, e.g., phone, emergency.
Section
1. Membership -
Owners of real property located within the Mt. Kemble Lake Community who are
also owners of stock in the Lakeshore Company are automatically Members of the
Association. The spouse of a Member is
also a Member. Membership is limited to
no more than two Members per property.
Any Member who places real property in trust shall retain the voting
rights for that property. Individuals who
are owners of undeveloped property are Inactive Members.
Section
2. Privileges -
Members and Inactive Members in good standing, i.e., who are not suspended,
shall be entitled to use all of the community facilities, and to delegate those
privileges to others in accordance with the following:
A. On an annual
basis the Board shall issue badges to Members in good standing and whose dues
payments are current, which permit use of the community facilities. The Board shall establish a uniform number of
badges to be issued. Badges must be worn
or carried by all persons when using community recreational facilities and must
be displayed upon request.
B. A Member who
provides badges to other persons to permit them to use the community facilities
shall be responsible for the conduct and activities of those persons.
C. All persons
shall abide by all applicable Rules and Regulations when using community
facilities.
D. ,Inactive
Members may be granted such privileges as the Board deems appropriate, to use
community facilities on petitioning the board (for badges).
E. In cases of
financial hardship, the Board may, at its discretion, grant full Member rights
to a resident owner of real property whose dues are not current.
Section
3. Voting Rights - Members
in good standing for each real property shall have the right to attend and vote
at meetings of the Association, and to hold office on the Board of the
Association.
Section
4. Termination of Privileges - The
rights and privileges of a Member or Inactive Member terminate upon the sale or
transfer of title to the real property.
Section
1. Levying - In
order to maintain and enhance the roads, recreational facilities and other
community-owned property, and to further the purposes of the Association, dues
and assessments may be levied upon the owners of real property.
Section
2. Payment - Dues
and assessments shall be computed on the lots of real property within the Mt.
Kemble Lake Community, as designated on the current tax maps of Harding
Township, according to the following:
A. Payment of
the full amount of dues and assessments is the responsibility of the owner of
real property and must be paid for each lot, subject to the exceptions in
subsections B, C and D below.
B. Owners of
undeveloped lots, i.e., lots without a residence, shall pay fifty-percent (50%)
of the amount of dues and assessments for each undeveloped lot.
C. No dues or
assessments shall be paid on any lots which are owned by the Lakeshore Company.
D. Any Member
who qualifies for and receives a deduction on Harding Township real estate
taxes because of age, income or disability, will be entitled to a deduction on
the Associations’s dues and/or assessments on making a written request to the
Treasurer, in an amount to be established periodically by the Board.
Section
3. Adoption -
Annual dues in effect on the date of adoption of these By-Laws shall remain in
effect from year to year until such time as the amount of annual dues is
changed by a vote of two-thirds of the Members present in person or by proxy at
an annual meeting or Special Meeting of the Association. One-time assessments must be approved by the
same voting procedures.
Section
1. Notice -
Notice of dues shall be distributed by the Treasurer, at least 30 days in
advance of the due date, and dues shall be paid by April 1 and October 1 of
each year (in proportions to be determined by the Board). Assessments shall be paid by such date as
shall be specified when the assessment is approved at an Annual or Special
Meeting of the Association.
Section
2. Payment - The
Board shall take such steps as are necessary for the collection of all dues and
assessments. Dues and assessments shall
be paid to the Treasurer, who shall maintain records of the receipt and use of
all such funds. Any Member shall be
entitled to review those records on reasonable notice to the Treasurer.
Section
3. Delinquency -
Dues and assessments are delinquent if not paid by the dates set forth in
Section 1 above. Delinquent dues shall
be subject to an interest charge equivalent to the maximum permitted by law but
not to exceed 18%, which will accrue on the unpaid amount from the original due
date. The Board may waive such interest
at its discretion in a hardship case, upon request from the Member in question.
All
delinquent dues, assessments and interest must by paid in full upon the sale or
transfer of title to the real property. When
a Member or Inactive Member’s dues, interests and assessments are delinquent in
an amount equal to the total of three consecutive semiannual installments of
dues, the Board may take such action as necessary to impose a lien, to the full
extent permitted by law, for the amount of all such delinquent dues and
assessments, and accrued interest.
Non-payment of dues may result in suspension of membership (Article
VIII).
Section
1. Procedure - The
Board, at its discretion, may suspend from membership any Member or Inactive
Member for violation of the Association Regulations, for delinquent
dues/assessments or for other misconduct detrimental to the welfare of the
community. Proceedings for such
suspension shall be as follows:
A. Following
submission of a written complaint by any Member to the Board, or upon the
Board's own motion, the Board shall inform the Member or Inactive Member in
question in writing of the complaint or motion, furnishing a copy thereof, and
shall give that person at least ten (10) days notice to appear before the Board
to respond to the charges.
B. Any decision
to suspend membership by the Board shall be in writing, submitted to the Member
or Inactive Member in question.
C. The Board
may reinstate membership at any time at its discretion, when the charges have
been corrected; however, the suspended person may at any time require the Board
to call a Special Meeting of the Association for the purpose of hearing a
request for reinstatement of membership.
A decision to reinstate shall require a two-thirds vote of the Members
present in person or by proxies.
Section
2. Suspension of Privileges - All privileges of membership shall be
terminated during the period of any suspension of membership and the badges of
the suspended owner shall be turned in to the Board during the period of
suspension.
Section
3. Dues and Assessments - Any
suspension of membership does not affect a Member's or Inactive Member’s
obligation to pay all dues and assessments.
Section
1. Use of Funds - All
funds collected or received shall be used only to further the purposes of the
Association and for the benefit of its Members.
No Board member shall receive any salary or remuneration for service as
a Board member.
Section
2. Expenditures -
Capital improvement project expenses over $5,000 in aggregate, other than for
emergency maintenance, repair or replacement, must be approved by a majority
vote of all the Members present in person or by proxy at an Annual or Special
Meeting of the Association. All other
expenditures shall be at the discretion of the Board.
Section
1. Annual Meeting - The
annual meeting of the Association shall be held on the second Saturday in March
of each year at 8:00 p.m. except that the Board may elect to hold the annual
meeting on an alternate Saturday in March provided that all Members are
notified in writing 30 days in advance of the regular meeting date. The meeting may be adjourned by a majority of
those present. Only Members in good
standing shall be present unless specially invited by the Board or the
President. Only a Member in good
standing may hold or exercise a proxy.
Section
2. Order of Business - At
such meeting the order of business shall be:
a.
Minutes of previous annual meeting.
b.
Reports of Officers and Board of Trustees.
c.
Annual election of Trustees and announcement of results.
d.
New Business.
Section
3. Quorum - If no
quorum be present at the annual meeting, the presiding officer shall adjourn
such meeting for one week, and from week to week until a quorum be
present. A quorum shall consist of a
majority or more of the Active membership or proxies duly provided for. A quorum must be present to conduct business
of the Association.
Section
4. Special Meetings - A
special meeting of the Association may be called by the Board or on request of
the President or whenever Members of the Association entitled to vote, in good standing,
shall make a written request to the President of the Board of Trustees for the
same, specifying the object of the meeting.
No person not a Member shall be present at a meeting thereof unless
specially invited by the Board.
Section
5. Location - All
meetings of the Association shall be held at the Clubhouse, and shall be
conducted according to Roberts Rules of Order, except as otherwise provided in
these By-Laws.
Section
1. The Board - The
Board of the Association shall consist of nine (9) elected members and two (2)
ex officio members. After each election
at the annual meeting, the elected candidates shall serve for a term of two
years.
Section
2. Nominating Committee -
One month prior to the annual meeting, the Board shall appoint a nominating
committee of five Association Members (none currently on the Board) who shall
meet within ten days and nominate six or more candidates to fill the four or
five vacancies that will exist at the end of each year, and they shall report
their selection to all of the Members at least ten days before the Annual
Meeting.
Section
3. Election - The
election of candidates on this slate shall be held at the annual meeting of the
Mt. Kemble Lake Association. To be
valid, each ballot must vote the full number of offices to be filled.
Section
4. Ex officio members -
The President of the Lakeshore Company and the Chair of the Country Club Board
shall be non-voting ex officio members of the Board and may attend any regular
meetings of the Board.
Section
5. Meetings -
The Board may meet at any place it sees fit, but unless otherwise provided, the
meeting shall be at the Clubhouse.
Special meetings of the Board may be called by the President or by any
two Trustees on five days notice.
Section
6. Vacancies - Should
an elected member of the Board of Trustees die, resign or otherwise be unable
to fulfill his/her duties before his/her two-year term expires, the President
with approval of the remaining Board members may appoint a successor to serve
on the Board until the next Annual Meeting, at which time a successor must be
elected to serve for the unexpired term.
Section
1. Officers of the Association - The Officers of the Association shall be
President, Secretary and Treasurer, each of whom shall be an Association Member
in good standing (Article V). Officers
shall be elected by the Board from among its members at their first meeting
following the Annual Meeting. The tenure
of Officers shall be for one year until their successors are elected and shall
qualify.
Section
2. The President
- The President shall preside at all meetings of the Association and the
Board and enforce all laws and regulations of the Association.
The
President shall, with one other Officer, sign all written contracts and written
obligations of the Association.
The
President shall conduct the election of the standing committee Chairpersons and
with the consent of the Board, the appointment of ad hoc committees as shall be
deemed necessary.
Section
3 . President Pro Tem - In the absence or incapacity of the President,
the Treasurer shall perform his/her duties.
In the absence of both, the Board, by majority vote, may elect a President
pro tem from the Board.
Section
4. Secretary - The
Secretary shall keep the minutes and other official reports of the Association
and shall perform such duties as the Board may assign.
Section
5. Treasurer - The
Treasurer shall perform the duties prescribed by Article VII and make financial
reports as directed by the Board.
Section
6. Disbursements -
All disbursements shall be made by the checks of the Association and shall be
signed by any two officers of the Association authorized by the Board.
Section
7. Adoption of Rules and Regulations - The
Board shall adopt Rules and Regulations for the Association which govern the
obligations and responsibilities of all Members, Inactive Members, residents
and guests with respect to community property and community activities.
The
Board shall hold a minimum of ten meetings each year at the Clubhouse or other
location of their choice at a time determined by them. A quorum of the Board is required to conduct
business.
Section
1. General - The
property of the Association shall be held in the name of the Association. Any conveyance of property shall be in the name
of the Association by the President and attested by the Secretary, or in the
absence of these officers by those delegated to perform their duties as
hereinbefore provided. No conveyance of
property of the Association shall be made except upon resolution passed by at
least a two-thirds vote of all the Active members of the Association.
Section
2. Use by Groups - Clubs
and other groups wishing to rent the facilities of Mt. Kemble Lake Association
must obtain approval of the Board.
Groups must meet the following qualifications to be considered:
a. The club or
group must be permanently constituted having a formal structure, with officers
or leaders, and must hold regular meetings.
b. The club or
group which will use the facility must consist entirely or predominantly of Mt.
Kemble Lake Association Members.
c. The nature
and purpose of the group must be consistent with the Mt. Kemble Lake
Association's social, recreational and educational objectives as cited in these
By-Laws.
d. Rental
shall be on an annual basis only in an amount to be determined by the Board.
Section
3. Use by Individuals
A. The objective of this section shall be to permit
use of Association facilities by Members, residents, and their families,
consistent with safety and the conservation of those resources.
B. Only a Member may rent Association
facilities. Members wishing to rent the
facility must submit a petition and obtain the prior written approval of the
Board. The petition must include such
information as the Board requires.
C. Approval of any use shall be conditioned at least
upon the following:
1. Whether the event is likely to pose any undue
safety or security hazards, or interfere with the rights of other Members of
the community.
2. Receipt of adequate evidence of insurance covering
damage, destruction and liability, which may result from the use requested.
3. The fact that the event is hosted by a Member
of the community who shall be in attendance at the event and who agrees to indemnify
against any losses, damage, maintenance, destruction or liability resulting
directly or indirectly from the event.
4. Payment of the rental fee and receipt of such
security, including a security deposit and the posting of such additional bonds
or security, as the Board may deem reasonably appropriate. Security deposits and release of bonds or
other security shall be made only after inspection of the premises and
deduction from such security for any damage, potential liability or
unreasonable wear and tear resulting from the rental.
5. Such other conditions as the Board deems
reasonable.
D. In the event of an initial denial, the
petitioning Member may request a meeting with the Board to discuss the reasons
for such denial and to request reconsideration of that decision. Such request shall precede any appeal
permitted by Section 5 of this Article.
E. The Board shall determine minimum fees, security
deposits and additional fees based on usage and shall publish same in the
community newsletter.
Section
4. Permitted uses of the Clubhouse
A. Only a Member may rent the Clubhouse and shall
then be responsible for its safe use.
Permitted uses of the Clubhouse for Members, residents and immediate
family of Members shall include:
1. Weddings.
2. Wedding receptions.
3. Birthday parties under 13 and over age 21 only.
4. Memorial services.
5. Elementary school graduations.
6. College or post-college graduations over age 25
only.
7. Wedding anniversary parties.
8.
Showers.
9.
Special events (e.g., retirement, promotion),
including events to honor former Members.
B. Permitted uses of the Clubhouse for non-resident
extended family shall include major adult events which may include:
1. Weddings.
2. Wedding receptions.
3. Memorial services.
4. Major birthday parties over age 21.
5. Major wedding anniversary parties.
C. Definitions
1. "Immediate family" shall be
defined to be limited to parents, siblings and children of a Member.
2. "Extended family" shall be
defined to include aunts, uncles, grandchildren and grandparents of a Member.
3. "Resident" shall be defined
as an individual, other than a Member, who maintains his or her legal residence
within the Community and who actually resides within the community for a
minimum of forty weeks per year.
D. The Board shall give first priority to events of
the Association, the Country Club and the Lakeshore Company, and then to events
honoring a Member, then to events honoring an immediate family member, and only
then to events honoring a resident or extended family member.
Section
5. Appeals -
The approval or denial of use of facilities by the Board may be appealed by a
Member to the Association membership.
Such appeal shall be made to the Board within ten (10) days of final approval
or denial, following the Board's reconsideration of a petition. The Board shall, within ten (10) days of
receipt of such notice, set a time and place for a Special Meeting of the
Association. The Member appealing shall
then provide written notice to each Member of the community that shall include
a copy of the petition and a copy of any written decision by the Board denying
approval, along with the date and time of the Special Meeting. The Membership, at a Special Meeting at which
a quorum is present, in person or by proxy, may, upon a majority vote of those
present, and in its sole discretion, uphold, reverse or modify such decision of
the Board as it deems appropriate.
The
seal of the Corporation shall be circular in form and shall contain the name of
the Corporation with the figure "1927" and words "Incorporated,
New Jersey".
Unless
otherwise provided herein, ten (10) days notice, in writing, shall be given of
all meetings by mail or direct delivery, as the Members’ addresses appear on
the books of the Association.
Amendments
to the By-Laws may be made at the Annual Meeting or at a Special Meeting called
for the purpose, by two-thirds vote of all of the Members present (including
proxies), provided that written notice of the proposed amendments shall be
submitted to the Board prior to posting and distribution of the proposed
amendments to Members. Notice of the
proposed amendment shall be distributed in writing to all Members and posted in
a conspicuous place at the Clubhouse at least ten days before the date of the
meeting.
The
Association shall indemnify every officer and trustee to the full extent permitted
by Section 15A:3-4 of the New Jersey Nonprofit Corporation Act and to the full
extent otherwise provided by law.
Neither the amendment nor repeal of this provision shall eliminate or
reduce the protection afforded by this provision to an officer or trustee in
respect to any matter which occurred, arose or accrued prior to such amendment
or repeal.
In
furtherance of the provisions of this Article of the By-Laws, the Board shall
cause the Association to maintain liability insurance when reasonably
available, indemnifying the trustees and officers of the Association against
liability for errors and omissions occurring in connection with the performance
of their duties, with policy limits and deductible amounts to be determined at
the reasonable discretion of the Board.
Deductible amounts shall be paid by the Association.
Select
Committee for revisions
Bob Gray – Co-Chair Mike Hardy
John Murray – Co-chair Ray Jones
Gail Allyn Steve
Kern
Jane Dwyer Nancy
Malone
Bob Edgar Jean
McCabe
John Galdieri Dave
Molendyke
Board of Trustees at the time of the revisions
Phil Serpe – Chair Jack Hardy
Gail Allyn Ken
Heiden
Guy Bowden George
McClellan
Betty d’Esterhazy Ken Swarthout
Joan Fitzhugh
