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Lomond Terrace Road Association By Laws

Article I

This Association shall be called the LOMOND TERRACE ROAD ASSOCIATION, located in Ben Lomond, California, Santa Cruz County.

Article II

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

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

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

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

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

Section 1 Committees shall be formed as necessary to carry out Association business.
Section 2. Committees shall be appointed by the President.

Article X

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.