Barrett Run Maintenance Corp.

BARRETT RUN CIVIC ASSOCIATION CONSTITUTION AND BY-LAWS

NAME, PURPOSE, FISCAL, MEMBERSHIP, DUES

The name of this organization shall be the Barrett Run Civic Association, (“BRCA” for short) a non-profit organization organized and existing under the laws of the State of Delaware.

The objectives of this Association shall be:

Section 1: To provide a medium through which the members of the community can improve and promote the general welfare of the community through joint action arrived at by free and open discussion.
Section 2: To achieve a high quality of life for those residing in Barrett Run through joint effort.
Section 3. To foster effective measures to improve common services, i.e. snow removal, trash removal, neighborhood watch, etc.
Section 4. To ensure continuity and enforcement of the deed restrictions stated for the Barrett Run community.

The fiscal year of the Association shall be 1 September to 31 August. The annual budget shall cover the fiscal year and shall be prepared on the basis of dues payable for the coming fiscal year.
Section 1. Any resident of Barrett Run shall be eligible for membership in the Association.

Section 2. Active members shall be those adults over 18 who have accepted the By-laws of the Association and paid their annual dues, and any special dues approved by the Association.

Section 3. All members of the Association shall abide by Deed Restrictions applying to Barrett Run, recorded in the Office of Recorder of Deeds in and for New Castle County, as may be from time to time amended.

Section 4. Only those members whose dues are paid for the current fiscal year are eligible to vote. Only a single vote per individual household is allowed. In cases of multiple votes per household, each vote will be counted as a fraction of one vote, i.e. two persons voting in one household count as one-half vote each.

Section 1. The annual Association dues shall be $55.00 per household, payable to the Treasurer during the annual membership drive from October 1 to October 31. There will be a 10% discount to any member who pays their dues by October 15th. (Payment must be stamp-marked by that date.) In addition to levying annual dues, the Association may levy special dues as the occasion merits with the approval of members voting in person or by proxy at a special meeting called for that purpose. Annual dues shall be decided upon at the spring meeting of the Association by the majority of voting members present, or by proxy.

ELECTION OF OFFICERS, OFFICERS, DUTIES OF THE OFFICERS, COMMITTE

The Officers of the Association shall be chosen by a majority of the members voting in person or by proxy at the Spring Meeting.

Section 1. The officers of the Association shall be a President, Vice-President, Secretary and Treasurer. These officers constitute the Executive Committee.

Section 2. The President, Vice-President, Secretary and Treasurer shall serve a term of one (1) year commencing September 1st.

Section 3. In case of a vacancy in any office, except for the President, the office shall be filled by an appointment by the Executive Committee. In the event the President cannot fulfill his/her entire term of office, the Vice-President will assume his/her responsibilities for the remainder of his/her term.

Section 1. The President shall be the chief executive officer and the official spokesperson of the Association, and shall have general supervision of the affairs of the Association. The President, or his/her designee, shall preside at all meetings of the Association and the Executive Committee. They shall have the power to appoint committees to investigate any matters of fourteen (14) days notice of the time and place of all Board meetings shall be given. The majority of the Board of Directors shall constitute a quorum at any meeting of the Board of Directors.

Section 2. The regular meetings of the Association shall be for the purpose of receiving reports from the officers and standing committees; for the receiving of reports from ad hoc committees; for establishing programs and budgets in furtherance of the objectives of the Association; and for any other business that may arise. The regular annual meetings of the Association will be held three times per year (Winter, Spring and Fall) with notice being given to the members at least two weeks in advance of the meetings. A simple majority of voting members present or by proxy shall be considered sufficient to transact business at the regular meetings.

Section 3. The annual meeting for the election of officers shall be held in August of each year.

Section 4. Special meetings of the Association shall be called by the Board upon written request of one-fourth or more of the voting members of the Association. No less than two weeks notice of a special meeting shall be given, and only that business specified in the call may be transacted. Twenty per cent of the voting members shall constitute a quorum at any special meeting of the Association thus called. The Board shall have the power to call special meetings of the Association whenever it seems necessary.

Section 1. The Board of Directors shall appoint an Auditor or Auditors at the regular meeting. The Auditor(s) shall examine the books of the Association to be provided by the Treasurer and shall submit a written statement for the regular spring meeting of the Association.

Section 2. The Finance Committee shall be appointed by the Board of Directors after the regular spring meeting and shall consist of the Treasurer (as Chair) and two voting members of the Association. It shall consider request for funds, plan a budget, and recommend to the Board of Directors such expenditures, as the committee deems expedient. It shall report at the next meeting of the Board of Directors.

Section 3. The Architectural Committee is designed to investigate and enforce deed restrictions. This Committee will be appointed by the Board of Directors, and will serve a one-year term. A Board member will serve on the committee. The Committee will consist of 3-5 additional members. Any alteration a homeowner would like to perform to the exterior of his/her house (outside work) must be pre-approved by the Architectural Committee.

Section 4. The President shall have the power to appoint committees to investigate any matters of common interest to members of the Association.

At least one member of the Board will serve on each appointed committee.

PARLIAMENTARY AUTHORITY, AMENDMENTS

The rules contained in Robert’s Rules of Order Revised shall govern this organization in all cases to which they are applicable and in which they are not inconsistent with these by-laws.

Section 1. These by-laws may be amended at any special meeting of the Association called for that purpose or at the regular meetings of the Association. Notice of change shall be made available to the member’s one week in advance of the meeting.

Section 2. Unless otherwise provided prior to its adoption or in the motion to adopt, and amendment shall become effective upon adjournment of the meeting at which it was adopted.


6/23/02