Welcome To Sparta Hills Beach Club

www.LakeSaginaw.org

SHBC By-Laws

BY – LAWS – SPARTA HILLS BEACH CLUB Inc.

SPARTA, NEW JERSEY

 


Article I…………………………………………………………………………………………………………………………………………………………………………… 3

NAME…………………………………………………………………………………………………………………………………………………………………………. 3

Article II………………………………………………………………………………………………………………………………………………………………………….. 3

PURPOSES…………………………………………………………………………………………………………………………………………………………………. 3

Article III………………………………………………………………………………………………………………………………………………………………………… 4

MEMBERSHIP………………………………………………………………………………………………………………………………………………………….. 4

Article IV………………………………………………………………………………………………………………………………………………………………………… 7

Termination, Suspension, and Violation of Membership…………………………………………………………………………………………… 7

Article V………………………………………………………………………………………………………………………………………………………………………….. 8

Fees, Dues and Assessments……………………………………………………………………………………………………………………………………….. 8

Article VI………………………………………………………………………………………………………………………………………………………………………… 9

Rules and Regulations………………………………………………………………………………………………………………………………………………… 9

Article VII……………………………………………………………………………………………………………………………………………………………………….. 9

Records……………………………………………………………………………………………………………………………………………………………………….. 9

Article VIII……………………………………………………………………………………………………………………………………………………………………… 9

Salaries……………………………………………………………………………………………………………………………………………………………………….. 9

Article IX………………………………………………………………………………………………………………………………………………………………………. 10

Meetings……………………………………………………………………………………………………………………………………………………………………. 10

Article X………………………………………………………………………………………………………………………………………………………………………… 11

Officers and Trustees………………………………………………………………………………………………………………………………………………… 11

Article XI………………………………………………………………………………………………………………………………………………………………………. 12

Duties of Officers……………………………………………………………………………………………………………………………………………………… 12

Article XII…………………………………………………………………………………………………………………………………………………………………….. 13

Membership Cards and Badges……………………………………………………………………………………………………………………………….. 13

Article XIII……………………………………………………………………………………………………………………………………………………………………. 14

Property…………………………………………………………………………………………………………………………………………………………………….. 14

Article XIV……………………………………………………………………………………………………………………………………………………………………. 14

Seal, Quorum and Notices………………………………………………………………………………………………………………………………………… 14

Article XV……………………………………………………………………………………………………………………………………………………………………… 14

Amendments…………………………………………………………………………………………………………………………………………………………….. 14

 


Article I

NAME

Section 1.

The name of the organization shall be SPARTA HILLS BEACH CLUB, INC. herein referred to as The Club in these by-laws.

Section 2.

The Club is incorporated as a non-profit organization in the State of New Jersey on April 25th 1946.

 

 

Article II

PURPOSES

  1. To develop and maintain congenial social and recreational activities.
  1. To create and perpetuate a high standard within the Sparta Hills Reservation.

 

  1. To promote health, welfare, recreation, indoor and outdoor sports, entertainment, athletic contests, congenial sociability and good fellowship among the members of The Club and to furnish them with reasonable facilities for the enjoyment of the properties in the reservation made available for that purpose and for the mutual benefit of all members.

 

  1. To maintain all covenants, conditions, and restrictions under which all properties are sold.

 

  1. To provide and maintain an adequate system of administration.

 

  1. To formulate rules and regulations and provide for the enforcement thereof for the use and maintenance of all club properties and assets, both real and personal, now or hereafter owned, leased or otherwise acquired.

 

 

 

Article III

MEMBERSHIP

Section 1.

Classes of Membership:

Membership in The Club shall be limited to (3) classes; Voting Membership, Non-Voting Membership, and Seasonal Membership. Each class of membership shall be a family household membership.

 

  1. Voting Membership, also referred to as an active membership within these by-laws, shall be limited to owners of real estate in the Sparta Hills Reservation with deeded lake rights, who have paid all required fees including annual active member fee, annual maintenance fee, initiation fees and assessments.

 

  1. Non-Voting Membership, also referred to as inactive membership shall be limited to owners of real estate in the Sparta Hills Reservation who have not paid all required fees and/or dues.

 

  1. Seasonal Membership is a non-voting membership available to Sussex County residents at the option of the Board of Trustees.

Seasonal membership capacity limitation: The total number of Seasonal family memberships is limited annually and based on the number of active members paying all dues during the enrollment period between February and April each year. Each reservation member household will have the opportunity each year during the enrollment period to become active members by paying all outstanding fees. Providing 150 active membership households is not reached during any given year during the enrollment period, Seasonal memberships may be sold up to a maximum total capacity (active plus Seasonal) of 150 total memberships. Seasonal members have the right to enjoy the social and recreational activities of the club with no voting privileges providing proper membership applications have been completed and all fees have been paid. The Board of Trustees shall set dues for the Seasonal Membership annually. Such Seasonal Membership will not be made available to any household eligible for voting membership.

 

 

 

Section 2.

Application of membership:

Application of membership shall be made by qualified persons by completion of appropriate application forms as prescribed by the Trustees of The Club.

Section 3.

Rights of Members

A.   Voting members rights (active members)

A.

  1. Only voting members in good standing shall have the right to vote, hold office, and attend meetings.
  1. Each family members household, which comprises a Voting Membership shall be entitled to one (1) vote. This vote may be exercised either in person or by a written proxy.

 

  1. Use and enjoyment of the facilities of The Club.

 

  1. Any voting member in good standing may attend the official trustee meetings at any time by prior request to the President of The Club.

 

  1. Any voting member may review the written records of The Club, including, but not limited to, the official minutes of meetings and financial records by prior request to the President of The Club.

 

B.   Rights of Seasonal Members

B.

1.      Seasonal members have the right to enjoy the social and recreational activities of The Club with no voting privileges provided proper membership applications have been completed and all fees have been paid.

 

C.   Multiple Ownership

 

  1. When three (3) or more persons are the owners of real estate, or have contracted to purchase real estate, the Board of Trustees shall determine the terms and conditions under which said persons may enjoy the rights and privileges of the Club.

 

D.   Guests:

  1. Active members and seasonal members have the right to invite guests to enjoy the facilities of The Club, provided the guests are not inactive members (owners of real estate in the Sparta Hills Reservation who have not paid all required fees and/or dues).
  2. The club reserves the right to levy a fee for guests.

 

E.   General Membership Statement

 

  1. No membership of any class is transferable.


Article IV

Termination, Suspension, and Violation of Membership

 

Membership may be terminated and violations dealt with in the following manner:

 

  1. By the Board of Trustees for failure to pay any designated fees.

 

  1. By the Board of Trustees for failure to remain in good standing as herein provided.

 

  1. By the Board of Trustees for cause, after notice and hearing by the Board of Trustees.

 

  1. By voluntary resignation tendered in writing and delivered to the secretary or treasurer of The Club, subject to such terms as the Board of Trustees may determine.

 

  1. When any member ceases to be the owner of real property within the Sparta Hills Reservation, the membership of such member automatically terminates.

 

  1. The Board of Trustees may prescribe the form of notice to be given any member against whom charges may be instituted: by whom such charges may be made; the rules governing the hearing thereof, and the penalties to be imposed; which may include suspension or expulsion from The Club; except as otherwise provided in these by-laws.

 

  1. Upon termination, for any reason, of membership in The Club, all privileges shall thereby cease. Termination of membership, however, in any manner, including voluntary resignation, shall not release the right of lien of The Club against the property of the person whose membership is terminated for maintenance fees or other fees and charges. The payment, however, of such lien or indebtedness owing shall not give the owner of the property subject to such lien, any right in The Club property, excepting the right of ingress or egress to the property of such person.

 

  1. If any members shall be charged in writing addressed to the Board of Trustees, with conduct deemed injurious or detrimental to the order, peace, interest or welfare of The Club, or unbecoming to a member, or with violation of the by-laws or rules and regulations, the said Board of Trustees shall give at least five (5) days notice of said charges to a member so charged, in writing, either by serving same personally upon said member, or by mailing same, addressed to said member, postage prepaid to the address of the member as shown on the books of The Club. After hearing said charges, the Board of Trustees shall determine the truth thereof and if the member is found guilty of such charge or charges, it may censure the member, suspend or terminate the membership of the person so charged. The determination of the Board of Trustees after the hearing upon said charges shall be final.

 

  1. The Board of Trustees may waive any penalties or reinstate any suspended or expelled member upon the payment of all indebtedness and charges owing and may also reinstate any member whose membership has for any reason been suspended or terminated. Before reinstatement, a member may be subject to a reinstatement fee to be determined by the Board of Trustees.

 

  1. Any officer or trustee who shall violate any of the bv-laws or rules and regulations, or shall be found guilty of conduct detrimental to the welfare or best interest of The Club as determined by the Board of Trustees, may be censured or removed from office by the Board of Trustees.

 

 

 

 

Article V

Fees, Dues and Assessments

The Board of Trustees shall determine from time to time the dates, amount and manner in which all payments pursuant to the by-laws are due.

 

  1. Other clubs owning or leasing property within the reservation whose memberships consist of the members of the Sparta Hills Beach Club shall pay The Club on or before January 1st each year, maintenance fees. The annual maintenance fee will be set by the Board of Trustees, on an annual basis, based on anticipated maintenance costs, but not to exceed an amount equal to the immediate prior year’s budget, plus 10%.

 

  1. On default in the payment when due, as stipulated within these By-Laws, the Board of Trustees may take such action as it deems necessary for the collection thereof, including the filing of a suit against the property owner and/or the recording of a Claim of Lien against the property.  The Board shall have the right in connection with the collection of any assessment or other charge to impose a late payment charge, as well as reasonable counsel fees and costs of collection including, but not limited to, the cost of preparation and filing of any liens, legal proceedings, post-judgment collection efforts, and any other costs as may be allowable by law.  The rights and privileges of membership of a defaulting member and of the members of his or her immediate family shall be suspended by the Board of Trustees and shall continue to be suspended so long as any sum provided by these By-Laws remains unpaid and in default..

 

  1. The Board of Trustees is hereby empowered to, and in its discretion may, from time to time, levy a special assessment which in their opinion is for the mutual benefit of the Club members, provided, however, that any assessment levied may not exceed One Hundred Twenty-Five ($125.00) dollars against each member household, in any calendar year.

 

  1. The Board of Trustees may fix and change from time to time, an initiation fee as requirement of admission for Membership.

 

  1. The Club’s fiscal year runs from January 1st through December 31st.

 

  1. Annual maintenance fee is a mandatory fee required to be paid by both active and inactive members.

 

  1. Annual dues for active membership can be changed by a majority vote at the annual meeting in May of each year.

 

  1. Dues for Seasonal Membership shall be set forth by the Board of Trustees annually.

 

  1. In order for a new Reservation Member to become an Active Voting Member and enjoy all the privileges of the Club, all past dues and fees must be paid up to date on their Reservation property. It is the responsibility of the Member to either pay past due amounts or collect them from the former owner of that property. The fees or/and outstanding dues run with the property and whoever owns the property becomes responsible for them. The Club has the right to file liens or refer the account for collection. Associate and active membership privileges will not be granted on resale or other transfer of ownership of property until all dues, assessments, initiation fees and maintenance fees in arrears are paid in full. Amounts in arrears remain a continuing lien on the property and are subject to collection.

 

 

 

 

Article VI

Rules and Regulations

 

Section 1.

The Board of Trustees may from time to time formulate and prescribe rules and regulations and the manner of enforcement thereof with respect to the use of all Club properties, facilities, and activities. Each member of The Club shall be bound by and shall conform to and abide by the by-laws, the amendments and supplements thereto, and all rules and regulations adopted from time to time.

 

Section 2.

The Board of Trustees may from time to time appoint from among the active club membership such committees as may be deemed advisable or desirable for administrative purposes or the welfare of The Club.

Section 3.

No membership privileges shall be granted to any club member, his or her family, guests, or tenants so long as any indebtedness or charges, including charges for maintenance fees, affecting such club member’s properties or owing by him or her to the Club are due and unpaid.

 

Article VII

Records

 

The Treasurer and finance committee, or such other person who may be appointed by the Board of Trustees, shall keep a record of all active members who own or have contracted to purchase the property in the Sparta Hills Reservation and of the payments to be made to The Club by such active members, pursuant to these by-laws or any deeds or agreements. The said records, subject to rules fixed by the Board of Trustees shall be open to inspection by any person having a lawful and proper interest therein. The Treasurer or person having charge of said records shall inform any person making such inquiry that no membership application will be accepted or privileges of The Club granted unless and until all indebtedness and charges owing are paid in full.

 

Article VIII

Salaries

 

No officer, unless expressly provided by the Board of Trustees, will receive any salary or remuneration. Salaries and remunerations may be paid to the employees of The Club, and to the Treasurer and/or Secretary, if the Board of Trustees shall so determine.

 

Article IX

 

Meetings

Section 1.

  1. The annual meeting of the active members of The Club shall be held at a place designated by the Board of Trustees in Sparta Township, New Jersey during the month of May of each year at 7:30 o’clock P.M. but may be adjourned by a majority vote of those present. No person not an active member shall be present, unless such person is invited to attend by the President or other member of the Board of Trustees. The officers and trustees shall be elected at the annual meeting.

 

  1. At such meetings the order of business shall be:
  • Minutes of previous annual meeting
  • Reports of Officers and Board of Trustees
  • Old Business
  • New Business
  • Election of Officers and Trustees

 

  1. Each Active member shall be entitled to vote as herein before provided.

 

  1. Votes at the annual meeting may be cast in person, by proxy, or in writing.

 

Section 2.

Special meetings of The Club may be called by the Board of Trustees or at the request of the President, specifying the object of the meeting. No person not an Active Member shall be present at a special meeting thereof, unless such person is invited to attend by the President or the Board of Trustees.

 

Section 3.

All meetings of The Club shall be held in New Jersey at a time and place designated by the Board of Trustees unless otherwise provided in these by-laws. The Board of Trustees from time to time may fix the time and place of its meetings.

 

Section 4.

Unless otherwise provided herein, ten (10) days notice by mail shall be given of all meetings addressed to the members or persons entitled thereto as their addresses appear on the books of The Club. The Secretary shall send all notices required to be given by these by-laws.

Section 5.

Ten (10%) percent of the total of Active members, in person or by proxy, shall constitute a quorum for the conduct of business at any regular or special meeting of the The Club.

Section 6.

Any notice or statute of these by-laws required to be given to a member may be waived by such member in writing.

 

Article X

Officers and Trustees

Section 1.

The Board of Trustees shall consist of four (4) officers and nine (9) trustees, each of whom shall be an Active Member. The officers shall consist of a President, Vice President, Treasurer, and Secretary, each of whom shall hold office for one (1) year and until their successors are elected and qualify. Trustees shall normally be for a period of three (3) years, with three (3) trustees being elected each year upon expiration of their predecessors term of office. Three (3) trustees shall be elected to serve for three (3) years, three (3) trustees shall be elected to serve for two (2) years, and three (3) trustees shall be elected to serve for one (1) year. Thereafter three (3) shall be elected each year to serve for three (3) years. In the event that a trustee resigns, or is removed from office, or for any reason cannot perform the duties of a trustee, the President, with the approval of the Board of Trustees, shall appoint an Active Member to serve as Trustee until the next annual meeting, at which time a new trustee shall be elected to serve the unexpired term of the previous elected trustee. Trustees will hold office until their successors are elected and qualify.

 

Section 2.

All property and records of The Club shall be relinquished to newly elected officers or Trustees within fifteen (15) days of the annual meeting. Failure to relinquish these records may result in termination, censure, or suspension.

 

Section 3.

The Board of Trustees shall hold regular quarterly meetings during the months of January, April, July and October and more often as they so determine.

Section 4.

Special meetings of the Board of Trustees may be called by the President or Secretary, or by any two of the Trustees, on five (5) days notice.

 

 

 

Article XI

Duties of Officers

Section 1.

The President shall preside at all meetings of The Club and of the Board of Trustees and shall administer all laws and regulations of The Club, with the assistance of the various committees.

 

Section 2.

The President or Vice President shall with the Secretary sign all written contracts and all written obligations of The Club excepting checks and drafts of The Club which shall be signed as provided in Section 8 of this article.

Section 3.

 

The President may appoint such committees from the membership as shall be deemed necessary, except such committees as are by these by-laws to be appointed by the Board of Trustees.

 

Section 4.

In the absence or incapacity of the President, the Vice President shall perform his or her duties. In the absence or incapacity of both, the Board of Trustees by majority vote may delegate one of the members of the Board of Trustees to perform his or her duties.

 

Section 5.

The Secretary shall keep the minutes and other official reports of The Club, and shall perform such duties as the Board of Trustees may assign. The Secretary shall have custody of the seal and shall affix same to any documents whenever required by law or by order of the Board of Trustees.

 

Section 6

The Treasurer shall have custody of all funds of The Club and shall disburse same according to the directions of the Board of Trustees. The Treasurer shall perform the usual duties required of and associated with the office of Treasurer.

Section 7.

The Board of Trustees shall require the furnishing of a bond in such amount as it deems necessary by all officers and employees who handle Club funds. the premium for such bonds to be paid by The Club.

 

Section 8.

All disbursements in behalf of The Club shall be by check, unless otherwise ordered by the Board of Trustees-, all checks shall be signed by any two officers authorized and designated by the Board of Trustees or other persons authorized by resolution of the Board of Trustees.

 

Section 9

The Board of Trustees, whenever required, may authorize and designate such officer or officers as may be required or deemed desirable and for the good of The Club, to execute any documents, contracts, leases, deeds, mortgages, certificates, bonds, notes, or any other legal instruments of title or financial and other obligations of The Club.

 

Section 10.

The Board of Trustees may employ or authorize the President to engage counsel for such periods as may be deemed for the best interests of the Club and to fix compensation.

 

Section 11.

The Board of Trustees shall have a “Review Report” made of the financial records (“books”) of the Sparta Hills beach Club by a Certified Public Accountant, who is not a member of the reservation; acceptable to the Board of Trustees.  This Review Report shall be done each time the “books” change hands or when a new treasurer is elected or whenever the Board requests such a report be made.

 

Section 12.

The Board of Trustees may also authorize the Officers to employ such assistants as they deem necessary to carry on efficiently the activities and other functions of The Club and to designate their duties and fix their compensation. Unless otherwise specifically authorized, the employment and termination of all employees of The Club will be vested in the Board of Trustees.

 

Section 13.

No office shall be held by any one person for more than three (3) consecutive terms.

 

Article XII

 

Membership Cards and Badges

 

All members in good standing shall be furnished a distinctive button, badge or similar instrument which permits entry to The Club property. Such button, badge or similar instrument shall be constantly displayed on outer clothing while on the The Club property. The button, badge, or similar instrument of any member not in good standing, or who has been suspended or expelled may be taken from him by any Officer, Trustee, or employee of The Club. This identification instrument is not transferable.

 

Article XIII

Property

 

Any conveyance of property shall be made in the name of The Club by the President and attested by the Secretary, or in the absence of these Officers, by those delegated to perform such duties as elsewhere in these by-laws may be provided. No contract for sale or conveyance of any real property of The Club shall be made unless authorized by the Board of Trustees.

 

Article XIV

 

Seal, Quorum and Notices

Section 1.

The seal of this corporation shall be in the form as follows

 

Section 2.

A quorum of the Board of Trustees shall consist of six (6) members and a majority vote at any meeting of said Board shall be sufficient for all purposes herein specified.

 

Section 3.

Any notice required by these by-laws to be given to any member of the Board of Trustees may be waived by such member.

Article XV

Amendments

Amendments to the by-laws may be made at the annual meeting or at any meeting called for that purpose, by two-thirds vote of all the Active Members present or by proxy, provided first, that written notice of the proposed amendments shall be submitted to the Board of Trustees at a regular or special meeting and same is approved by a majority vote of the whole Board of Trustees, and that a copy of the proposed amendment is sent to each Active Member of The club together with a notice of the meeting called for the purpose of amending the by-laws