APHOA By-Laws amended and passed November 10, 2022.
The Bylaws of the Asbury Park Homeowner Association
Article 1: Membership
A. Membership in the Asbury Park Homeowners Association (herein referred to as the Association) is open to any resident owning a residential house, co-op, or condominium in Asbury Park. A person “owns” a house, co-op, or condominium if their name appears on the title, deed, or LLC document.
B. Upon acceptance of the membership application and payment of dues, the applicant becomes a member in good standing and will enjoy the full rights and privileges of membership.
C. A member (herein and also referred to as member/household) is defined as a household consisting of either an individual or any adult living in that household.
D. A member/household has one vote per household and may be assigned to any adult in the household.
E. Membership is on a yearly calendar basis and must be renewed by June 1st.
F. Any member delinquent in payment of dues shall not be considered a member in good standing and may no longer be accorded the rights and privileges of membership.
NOTE: As a private community organization, we strive to maintain a collegial and welcoming atmosphere (see APHA Values). Initial acceptance and/or continued membership are contingent upon the member/applicant adhering to these basic principles. Therefore, by a simple majority vote of Board members, a membership application may not be accepted, and/or an existing member may lose their membership if they are deemed disruptive.
Article 2: Board of Trustees and Officers
A. There shall be a Board of Trustees consisting of five officers to fifteen elected members, which are made up of five officers and up to ten non-voting advisors.
B. Among these Board of Trustees will be the following officers:
1. Chairperson
2. President (co-presidents are allowed)
3. Vice President
4. Secretary
5. Treasurer
C. Each Board of Trustees member shall serve a five-year term effective upon the date of the election; and can only be removed by a two-thirds majority vote.
D. Elections will be held once a year at the discretion of the president.
E. If a vacancy occurs in the office of the Vice President, Secretary, or Treasurer, the Chairperson shall appoint a temporary replacement with the approval of the Board of Trustees. If a vacancy occurs in the Office of the President, the Vice President shall serve for the remainder of the term.
Article 3: Duties
A. The Board of Trustees shall also be responsible for all property of the Association and should submit a yearly report to the membership at the end of the fiscal year.
B. The President using Roberts Rules of Order as a guide will preside over the Board and the General Meetings. In consultation with their Officers, the President shall set the agenda for Board Meetings and General Meetings.
C. The Vice President shall assume the duties of the President in their absence and shall assist in every way, including coordinating committees, developing community relationships and projects, etc.
D. The President and Vice President will be the only persons that automatically have the right to speak as the representative of the Association at public forums and publications. The President can grant this right to other Trustees and Committee Chairpersons on limited topics and limited engagements.
E. The Secretary will take the minutes during each Board and General Meeting. Whenever possible, past minutes of General Meetings shall be posted on the Association’s Website and be made available at General Meetings. The Secretary shall also have the power to appoint an assistant.
F. All of the Treasurer’s books, accounts, and records shall be the property of the Association. The Treasurer is authorized to open such accounts in a bank or depository as the Board of Trustees may direct. The Treasurer shall keep records of monies received and disbursed. At the Annual General Meeting, the Treasurer will present a report of current account balances. At the annual Board Meeting, the Treasurer will report on finances. Just trying to make it easier to get a treasurer by reducing their duties.
G. In the event that any Officer is temporarily unable to perform their duties, the President can call upon any Trustee to perform those duties until such time that the Officer of Record can either resume their duties or be replaced.
Article 4: Committees
A. The President may appoint the following Standing Committees:
(1) Fundraising and Projects
(2) Publicity Committee
(3) Social Media Committee
(4) Political Awareness Committee
(5) Business Committee
(6) Educational Committee
(7) Social Committee
Article 5: Meetings
A. Other than Committee Meetings, there are three types of meetings:
(1)Board of Trustees Meetings (herein and also referred to as Board Meetings)
(2)General Membership Meetings (herein and also referred to as General Meetings)
(3)Special Meetings
B. The Board of Trustees shall try to meet before each General Meeting.
C. The Board will strive to have monthly Board Meetings. The Board will hold at least four General Membership meetings each year. All of these meetings will be announced at least one week in advance.
D. Special meetings of the general membership may be called by the President or the Board of Trustees.
E. A quorum for the Board Meetings shall be 50% of the Board of Trustees in good standing.
F. A quorum for the General Membership meeting shall have fifteen members in good standing.
G. Robert Rules of Order shall be the authority for parliamentary procedure in all matters.
H. The President shall appoint a Parliamentarian for Board and General Membership Meetings.
I. Committee chairs may appoint a Parliamentarian if deemed necessary.
Article 6: Elections
Elections of Trustees:
A. Election of Trustees shall be by a majority vote of the general membership at a General Membership Meeting as terms expire.
B. Nominations for the Board of Trustees, preferably at the November General Meeting, will be made either from the floor by the general membership or by paper ballots submitted by the election deadline.
C. The Board of Trustees has the right to nominate a slate or individuals for consideration.
D. All newly elected Trustees will take office immediately after votes are tabulated.
E. Trustees are elected for a five-year term and are not bound to term limits.
F. All members/households in good standing and present are eligible to vote.
Article 7: Voting
A. The President and Vice President will preside over voting during Board and General Meetings, with the Membership Chair monitoring the “one household, one vote rule.”
B. The Committee chair will preside over voting during Committee meetings.
C. Voting is to take place by traditional Parliamentary Procedures.
D. Only members in good standing and without a “Conflict of Interest” are allowed to vote.
E. All results are determined by majority vote, with the exception of amending the Bylaws.
Article 8: Amendments
A. Any changes to these by-laws must be passed by 70% of the membership voting.
Article 9: Non-discrimination Policy
Asbury Park Homeowners Association will not discriminate on the basis of race, color, sex, sexual orientation, gender identity, religion, disability, veteran status, ancestry, or national or ethnic origin.
Article 10: Dissolution
If this Association, for any reason whatsoever, ceases to exist, any and all assets, after payments of all debts and obligations of the association, shall be donated to the City of Asbury Park in the state of New Jersey. Such assets shall be earmarked for youth recreational or educational programs within Asbury Park.
NOTE: BY-LAWS AMENDED AND PASSED NOVEMBER 10TH, 2022