Lomond Terrace Road Association By Laws
Article I
Name
This Association shall be called the LOMOND TERRACE ROAD ASSOCIATION,
located in Ben Lomond, California, Santa Cruz County.
Article II
Purpose
The purpose of this Association shall be to provide a financial
base in order to maintain and improve the roads serving
the parcels within
the designated area, and further to provide an organization
for determining what work is necessary, and overseeing it’s
completion. A County Service Area shall be formed to collect
road fees, as set
by the members.
Article III
Membership
Section 1 The Service Area will be made up of two areas and by
these designations be intended for two different purposes.
Area A: This area will encompass all parcels described as being
included in the Lomond Terrace County Service Area (see
attached “Exhibit
A”) and fees levied and collected under this category
are entered for maintenance and improvements of all roads in
the CSA
so designated
as its responsibility.
Area E: This area is designated as an “emergency fee area” and
is described as all property served by Park Drive (above 330
Park Drive). The intent is for Area E to accept responsibility
for maintaining
access to its area in the event of catastrophic damage to Park
Drive which would restrict access only to property above 330 Park
Drive
(specifically referring to the slide caused by the storm of
January 5, 1982). It will do this by providing funds for road
restoration
in the event of slides, washouts, etc., exploration of alternate
routes and improvements of the same. It is intended that Area
E be able to
accept indebtedness independently of Area A to accomplish these
functions if necessary. If damage of any proportion occurs on
Park Drive below
and including 330 Park Drive, responsibility reverts to Area
A (all of Lomond Terrace).
*Section 2
1. At no time shall a member abandon, long-term park
or dump any vehicle on CSA #28 roads.
2. At no time shall a member post traffic signs, or paint
traffic signs without prior written permission of the Board
of Directors.
3. At no time shall a member without authority of the Board
alter, modify, or destroy any CSA #28 Roads.
4. At no time shall a member not duly elected or appointed
represent themselves as authorized CSA #28 liaisons, envoys,
or contacts with
outside persons or agencies.
5. Members will obey at all traffic instructions for detours
posted by the Board or Members of the Board for purposes of
authorized
work to CSA #28 roads.
6. No member of the CSA will use the emergency exit for non-emergency
use.
7. At no time shall a member block, barricade, chain, fence,
obstruct any CSA #28 road.
8. At no time shall a member litter, dump, or discard any
foreign material to any CSA #28 road.
*February 1989 Amendments to By Laws.
Article IV
Fees
The rate of fees shall be reviewed and set by the membership each
year at any regular meeting. Separate fees, if necessary for
Service Area E shall be set by the property owners in that area.
A separate “Operating
Fund” for miscellaneous expenses will be funded by requests
for contributions for funds needed.
Article V
Officers
Section 1 The officers of this Association shall be President,
Vice President, Secretary and Treasurer.
Section 2 The officers shall be elected at a January meeting to
serve for one year. No officer shall serve more than two consecutive
terms.
Officers shall serve without compensation.
Article VI
Duties of Officers
Section 1 The President shall preside at all meetings at which
he or she is present, shall exercise general supervision over
the affairs
and activities of the Association, and shall serve ex-officio
on all committees, except the nominating committee.
Section 2 The Vice President shall assume the duties of the President
in his or her absence. If a vacancy occurs in the office of the
President, the Vice President shall assume the duties of that
office to fill
the unexpired term.
Section 3 The Secretary shall keep the minutes of all meetings
of the Association, which shall be accurate and official records
of
all business transacted. A copy of these minutes shall be mailed
to each
Property Owner after each meeting, at least two weeks prior to
the next meeting. The Secretary shall conduct all the correspondence
of the Association.
Section 4 The Treasurer shall be responsible for two separate
accounts: (“Operating Fund”), a miscellaneous minor expense fund
(postage, stationary, etc.) and (2) “County Fund”,
our major monies which are billed and collected by the County
and are
on deposit with the County Treasurer. All receipts and disbursements
must be accounted for, plus interest accrued. Financial reports
on both accounts will be read at each meeting and a copy be
attached to the minutes mailed to each Property Owner.
Article VII
Board of Directors
Section 1 Membership. The Board of Directors will consist of tem
members. There will be six directors, two each from areas (1)
Lower Park Drive and Pike Drive.
(2) Crest Drive and Flintlock, and (3) Valley View Road. The Board will also
include the four officers mentioned above. Directors from each area will
be elected by the residents of that area at the January meeting.
Directors
shall be elected
for one year and serve not more than two consecutive years. Directors will
serve without compensation.
Section 2 Vacancies. Vacancies occurring among members of the
Board of Directors shall be filled by appointment by the President,
subject to confirmation at
the next regular meeting, an exception being if a vacancy occurs in the office
of
President, in which case the Vice President may succeed the office.
Section 3 Powers of the Board. The Board of Directors, upon majority vote,
may authorize expenditures for road repairs not to exceed $10,000.00 per calendar
year. All other expenditures are subject to the approval of the majority
vote of a quorum present at any general meeting.
Article VIII
Meetings
Section 1 The Association shall meet at least once a year on a date and place
announced at the conclusion of each meeting.
Section 2 Business shall be transacted by those members at a duly called
regular or special meeting for which property owners have been notified in
writing
at least two weeks prior thereto (provided a quorum of the membership is
present). Special meetings may be called by the Board of Directors at such
times as deemed
advisable.
Section 3. Each paying parcel is entitled to one vote. When parcels are combined
for tax purposes, they count as one vote.
Section 4. A simple majority of those present at a duly constituted meeting
is necessary to approve any proposed Association business, providing a quorum
is
present.
Article IX
Committees
Section 1 Committees shall be formed as necessary to carry out Association
business.
Section 2. Committees shall be appointed by the President.
Article X
Quorum
A quorum shall consist of not less than twenty percent of property
owners, including at least two officers. Each paying parcel receives
1 vote and counts
as one property
owner towards a quorum.
Article XI
Amending By-Laws
Subject to at least two weeks written notice to all Association
members, the By-Laws may be altered or amended, or new By-Laws
adopted as a whole,
at any
regular meeting of the members by a majority vote of the members
present at said meeting.
Note: These By-Laws include amendments from February 1988 General
Meeting and all prior meetings.
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