Sunset Lake Association
PO Box 113, Pluckemin, New Jersey 07978
Incorporated and by-laws adopted in 1932
Tenth Revision, November, 2009
ARTICLE I- Name, Location and Principal Office
Section 1
The name of the organization shall be the Sunset Lake Association, hereinafter sometimes called the “Association.”
Section 2
The Association shall conduct its activities in the area known as the Sunset Lake Community in the Township of Bridgewater, Somerset County, New Jersey as described in the map entitled “Map of Lots situated at Sunset Lake” filed in the office of the clerk of the county of Somerset, New Jersey.
Section 3
Its principal office shall be at Sunset Lake, Township of Bridgewater, County of Somerset and State of New Jersey at the home of the Recording Secretary of the Association who is the registered agent in charge thereof and who is authorized to receive service of any papers on behalf of the Association. The post office address of the Association may be changed by resolution of the Board of Trustees. The agent of the Association may be changed in accordance with Article VII, Section 5 which governs the election of this office.
Section 4
The map 1 dated November 14, 1984, contained herein on the back cover shall be known as the Membership Map.
ARTICLE II-Purposes
Section 1
To provide for the care, protection and maintenance of the lake, lake front, beaches and appurtenances owned by the Association within the Sunset Lake Community.
Section 2
To provide rules and regulations with respect to the use of such properties and facilities as are owned or controlled by the Association.
Section 3
To provide for the care, protection and maintenance of all Association properties now or hereafter owned or otherwise controlled, including boardwalks, beaches, lakes, docks, dams and building or any other property used in common by Association members or others within the Sunset Lake Community.
Section 4
To provide recreational, cultural and educational opportunities for the members of the Association and their guests.
Section 5
To provide for the general welfare of the Sunset Lake Association and in that connection to represent the members of the Sunset Lake Association in matters of general civic, environmental, educational or cultural interest.
Article III-Membership
Section 1
Membership of the Sunset Lake Association shall be limited to those persons who are approved by a majority vote of the Board of Trustees at a regular meeting or a special meeting called for that purpose. A membership, as referred to herein, shall include all members of the immediate family. There shall be two classes of membership:
- Regular
- Recreational
Section 2
Regular members shall consist of persons who own property in the Sunset Lake Community. However, where two or more families hold ownership in a property, one family shall be designated to hold Regular membership. Only one vote shall be authorized per property and per family. In addition, only one member of any household shall be eligible to serve on the Board of Trustees at any one time. Eligibility for regular membership shall be restricted to property owners or tenants as outlined in the Membership Map.
Section 3
Recreational members shall share in all rights and responsibilities of regular membership (including serving on the Board of Trustees and, while so serving, voting in all votes taken by the Board of Trustees and at the Association’s annual meeting) except (other than as provided immediately above in the case of recreational members serving on the Board of Trustees) for voting privileges. Candidates for recreational membership must be personally known and recommended by at least two voting members in good standing. Applications for recreational membership shall be reviewed and acted upon within thirty days of receipt by the Board of Trustees, whose decision will not be subject to appeal by the applicant but may be appealed by a regular member in good standing. The maximum total number of recreational memberships allowed shall at no time exceed 20% of the total membership. Prior recreational membership shall not hold with it the rights to continued membership; recreational membership shall require annual review and renewal. Guest privileges for recreational members shall be restricted to an amount equaling the total number of persons in the recreational member’s immediate family unit as recorded on said member’s original membership application. Exceptions to the guest privilege restriction can be made for special occasions only and shall require prior permission in writing from the President or an appointed beach reservation manager.
Section 4
Tenants of property in the lake area can become members in one of two ways: If they are tenants of certified property, they may become regular members with all privileges and subject to the same regulations as other members after they are approved for such membership by the board of trustees, but such memberships shall be limited to the period of occupancy of the premises. However if the owner retains his regular membership, then the tenant may apply for recreational membership only, subject to the conditions of Article 3 Section 3.
Section 5
All persons who seek membership after the adoption of these by-laws shall submit an application in the form prescribed by the Board of Trustees to the Association Secretary. The application shall contain an agreement to abide by the rules and regulations of the Association and to pay the maintenance, fees, charges, dues or assessments prescribed by the by laws of the Association. Any person who seeks to convert one type of membership to another type, may do so, provided the request fully meets the requirements of the new membership category.
Section 6
Admission to membership as a matter of right shall be granted to such property owners who shall execute Quit Claim Deeds of their right of user of lake property, provided such owner shall file an application for membership and fulfill the obligations of payments of initiation fees and dues.
Section 7
Any applicant for regular membership failing to receive the Trustee’s approval for membership shall have the right of appeal to the membership at large by filing a written request for admission to membership with the Secretary of the Association, who shall thereupon notify the President to call a special meeting of the Association. If the decision of the Board of Trustees is reversed by a majority vote at such a meeting, the applicant shall be admitted to membership. Applications for recreational membership are not subject to appeal.
Section 8
All applications for membership shall be acted upon by the Board of Trustees within thirty days following the receipt of same.
Section 9
A member in good standing is any member whose financial obligations to the Association are current and who is not in violation of Association rules as delineated in Article IV sections 1 through 5 of the Association bylaws.
ARTICLE IV-Suspension and termination of Membership
Section 1
A member may be suspended by a majority vote of the Board of Trustees, for failure to pay dues or any other obligations at the time when such dues or obligations are payable in accordance with these by-laws or appropriate regulations made by the Board of Trustees. Upon payment of all dues and other obligations such members shall be automatically reinstated to full membership and to the privileges incident thereto.
Section 2
A membership may be suspended by a majority vote of the Board of Trustees for violation of the established rules and regulations of this Association. The suspension shall be for such period of time as shall be fixed by the Board of Trustees. Suspension of membership shall be imposed only after notice and hearing before the Board of Trustees.
Section 3
A member may terminate membership by voluntary resignation tendered in writing and delivered to the Secretary of this Association.
Section 4
Upon Suspension or termination for any reason of membership in this association, all privileges therein and all rights to use any property belonging to the Association shall cease and prepaid dues will not be refunded.
Section 5
Any membership suspended by the Board of Trustees shall have the right of appeal to the membership at large, by filing a written request for reinstatement to membership with the Secretary of the Association, who shall thereupon notify the President to call a special meeting. If the decision of the Board is reversed by a majority vote of such meeting, the membership shall be reinstated.
ARTICLE V-Privileges
Section 1
It shall be the duty of the Trustees within the limits of available funds to make available to Association members in good standing, and their immediate families, the general facilities of the Association. Such facilities include the use of Sunset Lake, docking privileges, beach, Club House and other property used in common by Association members.
Section 2
The Trustees shall establish the conditions under which the facilities stated in Article V , Section 1 may be used, and they may withdraw from any member for good cause the privilege of the use of any or all Association property as they may deem advisable.
Section 3
Where two or more non-cohabitating persons, an estate by the entirety or a corporation are owners of property within the Sunset Lake Community, the Board of Trustees shall determine the terms and conditions under which said persons or stockholders of such corporation may enjoy the rights and privileges of the Association. However, such persons shall not be absolutely entitled to membership, except where their application is approved by the Board of Trustees and the privileges are confined to members of the same family.
Section 4
No members shall extend their guest privileges inherent in such membership to any person or persons who are non-member residents, but eligible for membership of the Sunset Lake Community Association as outlined in the Membership Map.
ARTICLE VI Board of Trustees
Section 1
The Board of Trustees shall be composed of eleven Trustees, five of whom will be officers and all of whom are members and are elected by the membership.
Section 2
Each Trustee shall be elected for a term of three years. They shall commence their terms of the first day of the following January.
Section 3
At each Annual Meeting, the members shall elect Trustees and, if there are candidates, the Officers. In the event no trustee is nominated for a particular office, the Board shall appoint a successor to hold that office from a class consisting of the elected trustees.
Section 4
Trustees shall be nominated by the Nominating Committee, as herein after set forth, but may also be nominated from the floor.
Section 5
In the case of any vacancy in the Trustees, due to any cause, the remaining Trustees shall appoint a successor to hold office until the next annual meeting when his successor shall be nominated and elected to fill the unexpired term, if any.
Section 6
The trustees shall hold regular meetings at such times and places as the President may determine necessary for prompt action on all Association matters which may properly come before them. Special Trustee meetings may be called by the President at any time, and shall be called on written request to the President by two or more Trustees, or by the Secretary in case of appeal. All the trustees must be given not less than two days notice in writing or by telephone of all regular and special meetings.
Section 7
Six trustees shall constitute a quorum. A Trustee may be appointed by the Trustees present as an acting Officer in the absence of the Officers and would preside over the meeting.
Section 8
Each Trustee shall have one vote.
Section 9
The business and property of the Association, shall be managed and controlled by the Trustees, and they shall have the power to authorize the negotiation of contracts, loans and the purchase, sale, mortgaging, pledge or lease of the Association property, both real and personal, subject to the following: No contract or expenditure not approved in the annual budget, in an amount exceeding $2,500.00 or the incurring of any obligation to the amount exceeding $2,500.00 shall be valid without the prior approval thereof of the members given at a meeting called especially to consider such expenditures or obligations.
Section 10
The Board of Trustees may make, amend and change such rules and regulation with respect to the use of all Association property and facilities and Association activities as they deem advisable.
Section 11
The President, with the approval of the Trustees, may appoint various committees for the administration of the Association as needed.
Section 12
Any member of the Board of Trustees who is absent from three meetings without reasons satisfactory to the Board of Trustees, may be dropped from membership on said Board
ARTICLE VII-Offices
Section 1
The President, Vice-President, Treasurer, Recording Secretary and Corresponding Secretary shall be the Officers of the Association.
Section 2
The President shall be the Executive Head of the Association and the Chairman of the Board of Trustees. He shall preside at all meetings of the Board of Trustees and the General Membership. He shall be a member ex officio of all committees except the Nominating Committee. He shall have all such powers and perform all such duties as are usually attached to such an office. He shall execute all contracts on behalf of the Association, and shall with the Recording Secretary or Treasurer, sign all certificates of membership.
The President shall be elected at the Annual Meeting of the Members of the Association, provided there is a candidate for that office who is either an incumbent, member of the Board of Trustees or who has previously served as Trustee of the Association. Absent such a candidate, the Board of Trustees shall appoint a President from a class consisting of the elected trustees. A President elected by the membership shall serve for a term of one year. A President appointed by the Board shall serve a term of one month. Successor Presidents shall be appointed by the Board in each of the following 11 months until the next Annual Meeting. There shall be no restriction as to the number of monthly terms an individual appointed President by the Board may serve.
Section 3
The Vice-President shall be elected at the Annual Meeting of the Members of the Association, provided there is a candidate for that office who is either an incumbent member of the Board of Trustees or who has previously served as Trustee of the Association. Absent such a candidate, the Board of Trustee shall appoint a Vice-President from a class consisting of elected Trustees.
A Vice President elected by the membership shall serve for a term of one year. A Vice-President appointed by the Board shall serve a term of one month. Successor Vice-Presidents shall be appointed by the Board in each of the following 11 months until the next Annual Meeting. There shall be no restrictions as to the number of monthly terms an individual appointed Vice-President by the Board may serve.
Section 4
The Treasurer shall be elected at the Annual Meeting of the Association, provided there is a candidate for the office who is either an incumbent member of the Board of Trustees or who has previously served as Trustee of the Association. Absent such a candidate, the Board of Trustees shall appoint a Treasurer from a class consisting of elected Trustees. Whether elected or appointed the treasurer shall serve for a term of one year. The Treasurer shall have the custody of all the funds and securities of the Association, and shall disburse the funds on receipt of proper vouchers which have been approved by the Board of Trustees. He shall keep accurate books of account, which shall be at all times subject to audit by or under the supervision of the Board of Trustees, and shall at all regular meetings of the Board of Trustees or whenever required of him, render an account of all his transactions as treasurer and of the financial condition of the Association. He shall deposit all funds and securities in the name and to the credit of the Association in such depositories as may be designated by the Board of Trustees. He shall preside at all meetings with all duties inherent in absence of the President and Vice-President.
Section 5
The Recording Secretary shall act at all meetings of the members and the Board of Trustees and make and keep accurate records and files of the Association’s affairs and have possessions thereof, together with the corporate seal and shall be the registered agent of the Association. He shall attest documents and perform such other duties as may be required by the President or the Board of Trustees. He shall faithfully discharge his duties as required.
Section 6
The Corresponding Secretary shall act as such, performing duties as required by the President of the Board of Trustees. Such duties shall include, but are not restricted to, providing proper notice of all called meetings and of all meetings when necessary, conducting the correspondence of the Association, typing and clerical assistance to the Recording Secretary.
Section 7
The Recording Secretary and Corresponding Secretary shall be elected at the Annual Meeting of the Members of the Association, provided there are candidates for those offices who are either incumbent members of the Board of Trustees or who have previously served as Trustee of the Association. Absent such a candidate, the Board shall appoint the Recording Secretary and the Corresponding Secretary from a class consisting of elected trustees. Whether elected or appointed the Recording Secretary and the Corresponding Secretary shall serve for a term of one year.
Section 8
In the event any of the positions created under the provisions of these by-laws become vacant, the Board of Trustees may fill such vacancies either temporarily or permanently until the next annual meeting of the Association.
Section 9
Checks issued by the Association in excess of five hundred dollars will require the signature of the Treasurer and the President or Vice President.
Section 10
The election procedure at the General Meeting shall be accomplished in the following way: The candidate for each vacant office will be nominated and then elected in the sequence listed below:
- Board of Trustee Members
- Corresponding Secretary
- Recording Secretary
- Treasurer
- Vice President
- President
ARTICLE VIII-Meetings
Section 1
The annual meeting of the Association shall be held on or about the second Sunday in November at the time and at a place designated in the notice of the meeting.
Section 2
Special meetings may be called by the President at any time and shall be called upon the written request of any trustee, or upon the written request of five members of the Association, or for the purpose of exercising any of the provisions for appeal contained herein and shall be held at the place designated in the notice of such a meeting.
Section 3
Written or printed notice of the annual meeting shall be mailed at least five days prior to the date appointed therefore to each member at his/her address of record with the Secretary and written or printed notice of each special meeting shall be mailed at least five days prior to the date appointed therefore to each member at his/her address of record with the Secretary.
Section 4
Each regular member of the Association, if in good standing, shall have one vote and shall be entitled to vote at any meetings of the members, providing, however, that if two or more of such members hold all the real property owned by each of them, as joint tenants, tenants in common or tenants by the entirety, they shall have but one vote among them.
Section 5
There shall be set forth in the notice of a special meeting the purposes for which the meeting is to be held and in general terms the business to be transacted thereat.
Section 6
At all meetings of the Association, fifteen (15) regular members and a quorum of the Board of Trustees (including any recreational members on the Board of Trustees, for a minimum total of Twenty-one (21)members eligible to vote at such meeting(including any recreational member on the Board of Trustees), shall constitute a quorum for the transaction of business.
Section 7
Proposed changes in the bylaws, initiated by the Board of Trustees, should accompany the notice of the meeting at which the proposed changes are to be considered. Such changes will be deemed approved by majority vote of the members present at the meeting eligible to vote.
ARTICLE IX-Initiation Fees-Dues
Section 1
Annual dues shall apply to the 12-month period commencing on the first day of January of each year. Fifty percent (50%) of the dues shall be payable on or before the first day of February in each year and the balance of 50% shall be payable on or before the first day of June in the same year.
Section 2
The amount of dues and any applicable fees, bonds, certifications or assessments are to be determined by the general membership at the Annual meeting or at any special meeting called for that purpose.
Section 3
Those who are eligible for membership and who are sixty-five(65) or over, shall be offered the courtesy of all privileges of the Association for one-half of the regular yearly dues, if they so desire.
ARTICLE X-Nominating Committee
Section 1
The nominating Committee shall be appointed by the Board of Trustees. The Committee shall consist of a chairman, four members and two alternates. At no time will this committee have more than two members of the Board of Trustees serving.
Section 2
At the Annual Meeting the Nominating Committee shall present a slate of one candidate for each vacancy. Additional nominations may be made from the floor.
ARTICLE XII- Rule of Order-Other than By-Laws
Section 1
The most current edition of Robert’s Rule of Order shall be authority in all questions of parliamentary law not covered by these by-laws.