PISCATAWAY HILLS CITIZENS ASSOCIATION BYLAWS
September 10, 2019, Approved Revision
PISCATAWAY HILLS CITIZENS ASSOCIATION, INC. (the “Association”) is an association organized under the laws of the State of Maryland as a Domestic Non-Stock Corporation to protect and promote the interests of its Members and to endeavor to bring about the general improvement of their property in Piscataway Hills, Prince George’s County, Maryland.
Sec 1. Only owners of property (tract, parcel or lot of land) in the Piscataway Hills Subdivision who have paid their dues to the Association, and members of the immediate family of these same property owners, are Members of the Association, commonly known as the Piscataway Hills Citizens Association (PHCA).
Sec 2. Piscataway Hills Subdivision is defined as follows: Those properties included on the “Piscataway Hills” Subdivision Map prepared for the Piscataway Land Development Company, Inc. by Mr. Herbert R Crowder and dated May 15, 1958. A copy of said map is on file with the Association.
Sec 3. Members may not assign their rights or obligations gained by Membership in the Association to any person, except as provided in Article I, Sec 3 and Article VI, Sec 2.
Sec 4. Owners of property (tract, parcel or lot of land) in a subdivision adjacent to Piscataway Hills Subdivision and reached through Piscataway Drive may apply to the Board to become Associate Members of the Association. Upon approval by the Board and payment of the same dues and other fees assessed to Members of the Association, Associate Members will receive the same rights as Members, except that Associate Members shall not have voting rights on matters related to Lot 39. An application for Associate Membership shall not be approved if the existing number of Associate Members exceeds ten percent (10%) of the number of Members.
Sec 1. Tenants (Renters) residing within Piscataway Hills Subdivision may acquire rights to the use of lot 39 and to participate in all Association activities, except to vote or to hold office, by paying annual dues to the Association.
Sec 2. Nonpayment of dues by a tenant (renter) shall cause the tenant to be declared delinquent, thereby losing all rights gained under Article II, Sec 1.
Payment of Dues
Sec 1. Annual dues are forty dollars ($40.00) or as determined by the Board and membership in Sec 5, payable on the first day of the Association year. The Association year begins on the first day of September and runs through the thirty first day of August of the following year.
Sec 2. Notice in the form of a bill shall be distributed one month prior to due date of the dues and assessments. Non-payment of the dues shall cause a property owner to be declared delinquent and to be deprived of their membership in the Association.
Sec 3. Property owners who are delinquent in payment of dues may become members in good standing by payment of dues for the current year.
Sec 4. If the Board wishes to increase dues in the next year it must give a fourteen day notice to the members prior to the next membership meeting and receive a majority vote supporting the increase at the meeting. The Board may decrease dues at any time without a membership vote.
Sec 1. At least three Membership Meetings will be held each year with one of them held in September to be called the “Annual Meeting”.
Sec 2. The order of business at the Annual Meeting is as follows: a. Treasure’s Report b. Board of Director’s Report c. Committee Reports d. Old Business e. New Business f. Election of Officers g. Adjournment
Sec 3. A Membership Meeting must be called by the Board of Directors when requested by twenty percent (20%) of the Membership of the Association. The request for a membership meeting must be in writing, state the intended purpose of the meeting, be signed by all requesting members, and be delivered to the President or a Member of the Board of Directors. At the discretion of the President, business may be limited to that specified in the request.
Sec 4. Notification of the time, location and proposed agenda for all meetings should be distributed to all members at least 48 hours before the meeting.
Sec 1. For a membership meeting, ten percent (10%) of the membership shall constitute a quorum except as provided for below.
Sec 2. For capital improvements costing more than $500 but less than $900, ten percent (10%) of the membership shall constitute a quorum.
Sec 3. For a special assessment or a capital improvement costing $900 or more but less than $5,000, twenty five percent (25%) of the membership shall constitute a quorum.
Sec 4. For a special assessment or a capital improvement costing $5,000 or more, fifty percent (50%) of the membership shall constitute a quorum.
Sec 5. For a Board of Directors Meeting, sixty percent (60%) of the Board of Directors shall constitute a quorum.
Sec 6. No binding business of the Association shall be conducted without a quorum, except on those items of business where there is a quorum because of absentee ballots.
Sec 1. Members are entitled to two (2) votes per household ownership. Persons owning more than one tract, parcel or lot of land in Piscataway Hills are limited to two (2) votes total.
Sec 2. Members may vote by absentee ballot by presenting their votes to any Board member prior to a formal membership meeting.
Board of Directors
Sec 1. The Board of Directors will consist of at least Seven (7) members, to include: a. PRESIDENT (Chairman of the Board of Directors) b. VICE-PRESIDENT c. SECRETARY d. TREASURER e. PAST PRESIDENT f. TWO (2) to FIVE (5) DIRECTORS
Sec 2. Resignation of a Board Member is to be in writing addressed to the Board of Directors. ln the event vacancies are created by disqualification, removal, resignation or death; the President, or in his absence, the Vice-President will, with the concurrence of the Board of Directors, make temporary appointment(s). ln the event that both the President and the Vice-President have vacated their offices, the Board of Directors will meet and appoint temporary replacements. The appointment(s) will continue in effect until the next Membership Meeting of the Association, at which time nominations for the office(s) will be accepted and the office(s) will be filled in accordance with Article VIII.
Sec 3. Term of office for President, Vice President, Secretary, and Treasurer shall be two (2) year. Term of office for Directors shall be two (2) years. Half the Directors will come up for election each year. All Board Members may be reelected.
Election of Officers/Directors
Sec 1. A nominating committee appointed by the Board of Directors shall offer a slate of officers for nomination to the membership not less than 30 days prior to the date of the Annual September Meeting membership meeting each year.
The nominating committee shall have first obtained the approval of the individual candidates. The slate shall be included in the notification of the Annual Meeting and shall provide for: a. PRESIDENT b. VICE-PRESIDENT c. SECRETARY d. TREASURER e. DIRECTORS (as prescribed in Article VII)
Sec 2. Additional nominations may be made from the floor by any Member at the September “Annual Meeting”, provided the candidate to be nominated has given prior consent and is eligible to hold the respective office.
Sec 3. To be eligible to hold any office in the Association, an individual must agree to abide by the Articles of the Association Bylaws and must also be a Member of the Association in good standing.
Sec 4. Balloting for election of officers may be made by acclamation if only one slate is offered. Secret balloting must be made for those offices where more than one candidate is nominated unless waived by vote of the membership present at the time of the vote.
Sec 5. Term of office is to be from the Annual September Meeting to the following Annual September Meeting except as prescribed in Article VII, Sec 3. All Board Members may be reelected to the same or different office.
Sec 6. The newly elected President will immediately take the Chair upon completion of the election of officers.
Sec 7. In the event of disqualification, removal, resignation or death of the Vice President, Secretary or Treasurer; the President will, with the concurrence of the Board of Directors, make temporary appointment(s). In the event both the President and Vice-President have vacated their offices, the Board of Directors will meet and appoint temporary replacements. The appointment(s) will continue in effect until the next Membership Meeting of the Association, at which time nominations for the office(s) will be accepted and the office(s) will be filled by a special election.
Removal of Officer/Director
Sec 1. Any Officer/Director may be suspended from office, with cause, by the Board of Directors. Suspension requires two thirds (2/3) majority vote of the Board.
Sec 2. The Membership at a regular meeting or a special meeting called for that purpose, may remove any Officer/Director. Removal requires a 2/3 majority of the Membership present and those casting absentee ballots. The President, or in the absence of the President the Vice-President, will with the concurrence of a majority of the Board of Directors, designate a Director to fill any office temporarily vacated due to a suspension until the next Membership meeting.
Duties and Powers of Officers/Directors
Sec 1. PRESIDENT: The President is the chief executive officer and chief administrative officer of the Association. The President presides at all meetings of the Association and the Board of Directors, appoints and discharges all committee personnel, designates all committee chairmen and assigns projects to appropriate committees, with the consent of the Board of Directors. The President shall in the absence of the Treasurer, pay all money owed and authorized by the Association. The President shall present an annual budget which shall include all proposed operating expenses of the Association. The budget shall be presented to the Membership for approval at the next meeting following the annual meeting. The proposed budget shall be distributed fourteen (14) days prior to this meeting. All expenses not approved in this budget cannot be expended without approval by the Membership except as provided in Article X, Sec 5 and Article XVI, Sec 1a. This budget shall run from September 1 to August 31 of the next year.
Sec 2. VICE-PRESIDENT: The Vice-President assists the President and presides at meetings in the President’s absence. The Vice-President becomes President upon the disqualification, removal, resignation or death of the President.
Sec 3. SECRETARY: The Secretary determines the presence of a quorum, records the minutes of all meetings, and makes all amendment changes to the Association’s official set of Bylaws.
Sec 4. TREASURER: The Treasurer is the custodian of the Association’s funds. The Treasurer prepares and renders bills for dues, special assessments, subscriptions and fees. The Treasurer is to receive all monies, dues, special assessments, subscriptions and fees and deposit the same in the name of the PISCATAWAY HILLS CITIZENS ASSOCIATION, INC. in such bank or depository as is designated by the Board of Directors. The Treasurer is to pay all money owed and authorized by the Association and is to submit a current financial report at each regular Membership Meeting and the annual financial report at the September Meeting. The Treasurer shall provide a paid-up dues report to the Secretary prior to each Membership Meeting and as needed. The Treasurer shall file the required annual Personal Property Return for the Association with the Maryland Department of Assessments and Taxation.
Sec 5. BOARD OF DIRECTORS: The Board of Directors is empowered to speak and act in the name of the Association. The Board of Directors shall make available at membership meetings copies of a condensed minutes, showing at least all decisions from all Membership and Board of Directors’ meetings. The Board of Directors is empowered to spend a maximum of $500.00 between Membership Meetings for items and services not authorized in the annual budget. This expenditure may not exceed $700 annually.
Sec 1. Standing Committees: a. Nominating Committee b. Recreational Area (Lot 39) Committee c. Publicity and Newsletter Committee d. Zoning Committee e. Entertainment and Welcoming Committee
Sec 2. Additional committees can be formed by the Board of Directors.
Sec 1. The Board of Directors shall conduct an informal audit of the financial books and records of the PISCATAWAY HILLS CITIZENS ASSOCIATION, INC.
Sec 2. An audit is to be conducted at least once a year of the accounts and records of the Association, at least two (2) weeks prior to the Annual Meeting. Special audits may be conducted at any time as required by the Board of Directors.
Sec 3. A report of the audit by the Board is to be made at the Annual Meeting, or in case of a special audit, at the next Membership Meeting following such an audit.
Payment of Association Debts
Sec 1. The PISCATAWAY HILLS CITIZENS ASSOCIATION, INC. shall pay all debts owed by the Association.
Sec 1. The Board of Directors can propose to the Membership a special assessment.
Sec 2. A description of the special assessment shall be distributed to all property owners in the Piscataway Hills subdivision in writing, two (2) weeks prior to the Membership Meeting at which it is to be presented to the Membership.
Sec 3. Non-Payment of a special assessment shall cause a property owner to be delinquent. The property owner will remain in this status until all assessments owed the Association are paid.
Real Property Owned by the Association
Sec 1. Lot 39, being owned by the Association, is set aside as a recreational area. The development, maintenance and use of real property owned shall be controlled by the Association.
Sec 2. Property owners lose their rights to the use of Lot 39 capital improvements paid for by the Association if they are delinquent in paying their debts owed the Association.
Sec 3. All users of Lot 39 should follow the attached Rules for Lot 39.
Sec 1. Approval of capital improvement projects: a. Capital improvements of up to $500.00 not already included in the approved budget may be approved by the Board of Directors. The Board of Directors may not approve more than $700.00 annually.
b. Capital improvements costing between $500 and $900 must be approved by a majority vote of the members present at a Membership Meeting. These capital improvements may be approved as a part of the annual budget or separately.
c. Capital improvement projects costing more than $900 must be approved by the Membership. Approval requires a two- thirds (2/3) majority vote of the members either present at a Membership Meeting or casting absentee ballots. These capital improvements must be approved in a vote separate from that on the annual budget.
Sec 2. All motions for capital improvements must: a. Be in writing (5 copies)
b. Include an estimate of annual operating costs and associated taxes.
c. Be submitted to the President not later than fourteen (14) days prior to the meeting at which they will be presented to the membership. All such motions shall be distributed to the membership with the meeting agenda as defined in Article IV, Sec 4.
Sec 3. The Board of Directors may request any additional information they deem necessary during any phase of approval or implementation of any capital improvement project.
Sec 1. A Parliamentarian shall be appointed by each President to rule on Parliamentary procedure and will make rulings after referring to ROBERT’S RULES OF ORDER.
Sec 1. To amend these Bylaws either the Board must propose changes, or a written petition shall be submitted to the President, signed by ten percent (10%) of the Members of the Association. The proposed amendment(s) will be read at the first meeting after receipt, and then shall lay on the table until the second meeting after receipt. A written copy of the proposed amendment(s) will be distributed to all members prior to the second meeting after receipt. For adopting amendments, a quorum is defined in Article V, Sec 1. A two thirds (2/3) vote is required for adoption.