The name of this organization shall be the Shongum Lake Property Owners’ Association (“Association”).
The purpose of this Association is:
A. To provide a community effort in all social and recreational matters concerning all or part of the
B. To foster and develop interest in and facilities for swimming, boating, fishing and other athletic and
recreational activities at Shongum Lake;
C. To promote social and civic activities at Shongum Lake:
D. To have, hold, purchase lease, acquire, improve, use and otherwise deal with any property necessary or
desirable for carrying into effect the purposes of the Association;
E. For any other purpose allowed or provided for under Title 15A of the Revised Statutes, or any other statute
applicable to New Jersey non-profit corporations.
3.1 Membership in this Association shall be open to and required from (a) property owners who own property subject to restrictive covenants, including licenses and lake rights granted for the use of Shongum Lake, or (b) their renters or lessees, and (c) the families of the following who have been granted nontransferable memberships: Ellery Allin, Edward Brill, Andrew Connell, Charles Hamberger, Herb Smith, Frank Thorburn. Upon acceptance of a deed in Shongum Lake which includes the restrictive covenants, licenses or lake rights, each owner shall be a member for as long as he or she holds title.
3.2 Membership privileges shall be contingent owners remaining in good standing. A member is in good standing for eligibility to vote in Council elections and to the amend the By-Laws, or to nominate or be a candidate for a Council position if the member is current in the payment of initiation fees, annual dues and assessments when due, as well as late payment charges and attorney’s fees assessed on delinquent accounts. A member is in good standing for all other privileges if in compliance with the foregoing, and in compliance with the rules and regulations of the Association. Failure to maintain membership will necessitate payment of the current year’s initiation fee upon renewal of membership. At the discretion of the Executive Council, dues may be waived and full membership may continue if temporary transfers or extenuating circumstances occur. Renters or lessees from members in good standing shall not be required to pay the initiation fee. Renters or lessees from eligible nonmember property owners shall be required to pay the initiation fee.
3.3 Upon the acceptance of a deed, each owner shall be admitted to membership and remain a member for so long as he or she holds title to the property. Members will be considered in good standing by payment to the Treasurer of the required initiation fee and the appropriate dues and assessments.
3.4 The Executive Council may permit additional memberships for qualified properties in the Association in an amount not to exceed five (5) per year subject to the following: a) The property owner must execute a deed with a license to use Shongum Lake and its facilities which requires that the property owner pay full membership dues and in the event that the property owner fails to do so, the outstanding dues shall constitute a lien on the property and the member shall also pay counsel fees incurred to collect the dues and the Association may exercise any other appropriate legal remedy; and b) The property owner must be located within the Township of Randolph and within approximately one mile of Shongum Lake; and c) Any such property owner seeking to acquire the license to use Shongum Lake and its facilities, shall pay a minimum sum of twenty (20) times the then current dues together with initiation fees.
4.1 Each member shall be entitled to one vote per household. Renters or lessees from members shall not be entitled to vote.
4.2 Proxy votes will be permitted provided the written authorization on the Association’s authorized form is in the possession of a member in good standing prior to the meeting at which the vote is to be cast and provided the member in good standing registers the proxy vote(s) with the Recording Secretary prior to the start of the meeting. In no case shall one member vote more than two (2) proxy votes and in each case the name of the member authorized to vote the proxy must appear on the proxy. Absentee ballots shall be available for those members wishing to vote in abstentia.
4.3 Ten percent (10%) of the eligible membership shall constitute a quorum at any meeting. In the event a quorum be not present approximately 30 minutes after the time appointed for a meeting, a second meeting shall be held 7 days from the date of the original meeting or the earliest convenient date at the time and place set for the original meeting. At the second meeting, 5% of the eligible membership shall now constitute a quorum. Proxy votes shall not be used to constitute a quorum at a meeting.
4.4 Unless otherwise noted herein, a majority of the votes cast shall carry on all matters considered by the Association.
4.5 Eligible voting membership is based upon full and limited membership in meeting the requirements defined in Article III.
4.6 Any notices to the membership for voting by the general membership shall be by electronic mail and notice shall also be posted on the Association website unless a member specifically elects in such member’s annual dues application to receive notice by mail in which case such member shall be provided notice by mail or other delivery to such members home.
5.1 The Executive Council shall consist of seven members who shall govern the Association and conduct the Association’s business within the framework of, and according to, New Jersey law governing non-profit corporation and associations and these ByLaws.
5.2 The Executive Council shall annually elect its own President, Vice President, Secretary and Treasurer from the membership of the Executive Council.
5.3 Meetings of the Executive Council where a binding vote is to be taken must be open to all members. Conference or work sessions at which no binding vote is to be taken do not need to be open to members. A quorum of the Executive Council must be present for a binding vote to be taken. The Executive Council shall provide a brief explanation of the basis for and cost associated with each vote, which shall be included in the minutes. A policy regarding member comments at the open meeting may be adopted by the Executive Council. Notice of the open meetings of the Executive Council shall be posted within seven days of the February Membership meeting at the place where notices are posted. In addition, seven days prior to each meeting, Notice shall also be posted at a place accessible to all members at all times, and on the SLPOA website or newsletter, or personally provided by mail or electronically to each member. The Notice shall include the date, time and place of the meetings, and agenda items, to the extent known. Under the following circumstances, meetings may be closed and members excluded: (1) discussion of issues, the disclosure of which would constitute an unwarranted invasion of personal property; (2) pending or anticipated litigation or contract negotiations; (3) employment, promotion, discipline or dismissal of an employee or Executive Council member or (4) matters falling within the attorney client privilege, to the extent confidentiality is required in order for the attorney to exercise his/her ethical duties as a lawyer. Minutes shall be taken at all Executive Council meetings and made available to members in a timely manner. Emergency meetings may be held to deal with matters of such urgency and importance that seven days-notice would result in substantial harm. Meeting cancellations shall be posted at the meeting site before the meeting was scheduled to begin, and posted in other places meetings are noticed, including the website, stating the reason for the cancellation and the re-scheduled date, if any.
5.4 Two or more members of the Executive Council may petition, in writing, the President to hold an Executive Council meeting. The President shall hold or cause the Vice President to hold this meeting within (10) days of receipt of the Petition.
5.5 The Executive Council may impose reasonable rules and regulations upon the general membership as to the use of the Association’s facilities. The membership may petition in writing the Executive Council to hold a General Membership Meeting to contest such changes as defined in Article 10.5.
5.6 The Executive Council shall provide a fair and efficient procedure for the resolution of disputes between members and the Association, and between members, which shall be readily available as an alternate to litigation.
6.1 All decisions made by the Executive Council shall be by majority vote. All decisions made at an Executive Council meeting shall be made with a minimum of three voting members present.
6.2 At least three affirmative votes are required to carry any motions at an Executive Council meeting except as defined in Article XVIII.
6.3 Voting shall be restricted to the seven Council members.
7.1 The Executive Council shall make a recommendation to the Association at the annual budget meeting concerning dues, boat registration and initiation fees for the following year. The initiation fee shall, in general, be equal to approximately one year’s dues for transfer of membership or as provided in section 7.8
7.2 Any new owner taking title to a property subject to restrictive covenants, including licenses or lake rights to Shongum Lake shall pay the initiation fee (as defined at the last prior Annual Budget Meeting) and the required dues and assessments which will allow use of the Association’s facilities, in accordance with the conditions listed below. a. premises occupied on or before July 31 of the then current fiscal year: payment of 100% of the then current year’s dues. b. premises occupied between August 1 and including the conclusion of the Labor Day weekend of the then current fiscal year: payment of 50% of the then current year’s dues. c. premises occupied after the conclusion of the Labor Day weekend shall require payment of the then current initiation fee to become an Association member. d. subject to the foregoing, in the event that the prior owner of the premises paid the annual dues for the applicable year, any eligible new owner moving into the house that year shall only be responsible for any additional dues that may be owed due to the type of membership requested by such new owner so that the premises will only be assessed dues once annually.
7.3 The fiscal year is April 1 to March 31.
7.4 Annual dues are payable on or before April 30 of each year. Late payment shall cause a penalty to be charged in an amount that shall be determined by the Executive Council.
7.5 The Association shall have a lien on each property for any unpaid assessments duly made by the Association for a share of the common expenses or otherwise, together with any interest thereon and any late fees, fines, collections expenses and reasonable attorney’s fees imposed or incurred in the collection of the unpaid assessment. The Executive Council shall rule on all matters pertaining to fiscal obligations of new members, defined as those eligible members who are paying their initiation fee during the present fiscal year.
7.6 Membership privileges in the Association will not be granted on resale or other transfer of ownership of property until all Association dues, assessments and initiation fees in arrears are paid in full.
7.7 Notwithstanding any provisions hereof to the contrary and in addition to all other fees and charges otherwise payable pursuant to these By-Laws, anyone eligible for membership in the Association pursuant to Article III hereof who has been eligible for membership who shall a) apply for membership or, b) renewal of a heretofore expired membership or, c) who shall have acquired property from a grantor who shall have been eligible for membership, or d) who acquires property which has deeded lake rights or, e) otherwise was or became eligible for membership shall as a prerequisite to admission or reinstatement of prior membership pay, in addition to all initiation fees, a $200 administrative fee, dues and other charges of all (100%) capital or special assessments as may have been imposed upon the general membership of the Association during said period of eligibility and 30 percent of all operating dues which shall have been chargeable during said period of eligibility back to and including 1985. Beginning on April 1, 2011 an annually interest rate of 10% will be assessed on all out past dues, fees and charges that were incurred after January 1, 2010. This interest will be assessed on April 1 of each subsequent year.
7.8 Sustaining Membership. Any property owner eligible for membership in the Association shall continue on the membership rolls by payment of all (100%) assessments (including the capital assessment in the annual dues) and 30% of operating dues levied in any fiscal year. Said member while paying this sustaining membership fee shall not be entitled to any rights of membership including but not limited to use of the Association facilities or voting in Association matters.
7.9 Limited Membership. Any property owner eligible for membership in the Association with a maximum of two (2) permanent residents in the household may continue on the membership rolls upon payment of all (100%) capital assessments and 60% of operating dues levied in any fiscal year together with any special assessment. Said members shall be afforded all rights of membership including voting but shall be limited to a maximum of two (2) adult badges for use of Association facilities.
7.10 Special Capital Assessments. The General Membership may levy special capital assessments against all properties eligible for membership in the Association to defray the cost of expenditures made, expenditures to be made, services rendered or services to be rendered for the benefit of the Association in excess of assessments provided for in the annual budget. The Association may take any action to enforce or collect the assessment as permitted by law.
8.1 The Annual Budget must be approved by a simple majority of the votes cast at the Annual Budget Meeting.
8.2 The Annual Budget shall consist of an Operating Budget and a Capital Budget. For a given year, the “regular assessments” referred to in section 7.8 shall equal the Capital Budget, less any allocated transfer from savings, divided by the anticipated membership.
8.3 The Operating Budget and the Capital Budget shall each contain a Contingency Line. Each Contingency Line shall equal 10% of the total of the remaining lines within its respective budget.
8.4 In addition, the Executive Council shall be empowered to approve payment of expenditures covered in the contingency fund portion of the yearly existing budget in the amount not to exceed $5,000 per each expenditure. Expenditures in excess of $5,000 not covered by the budget must be approved by a meeting of the general membership.
8.5 Notice of the annual budget meeting together with a copy of the proposed budget shall be provided to membership seven (7) days prior to the meeting.
9.1 The President shall select a Nominating Committee, which shall seek qualified candidates and oversee the election proceedings.
9.2 No limit shall be placed on the number of candidates.
9.3 A. The Association shall provide a written notice calling for nominations to all members not fewer than 30 days prior to the mailing of the election meeting notice; that the notice shall provide that any person that desires to be a candidate for the Council and is qualified to be on the Council, shall notify the President in writing by a deadline which shall be at least five (5) days prior to the mailing of the notice of the election B. Notice of the election, in writing shall be sent to all members personally, by mail or electronically, at least 14 days prior to the election. A form of ballot for all candidates will be included, listing the candidates for each office alphabetically, without designating incumbents and allowing space for write in candidates.
9.4 Three Council members shall be elected during annual election meetings held in odd number years. Four Council members shall be elected during annual election meetings held in even number years The term of office for Council members shall be approximately 2 years, from election date to the annual election meeting 2 years thereafter, or until a successor is elected
9.5 In the event of a vacancy caused by resignation, death, or failure to maintain reasonable qualifications, including good standing, or removal of an Executive Council member, the unexpired term of a member of the Executive Council shall be filled by an appointee of the President with the advice and consent of the Executive Council. In the event the President’s office is vacated, the Vice President shall appoint a member to the Council. The appointee shall serve until the next election, at which point an elected member shall serve the balance of the unexpired term. He shall hold all rights and privileges of a duly elected member of the Executive Council. The Vice President shall succeed to the office of the President and the Executive Council shall elect a new Vice President to take his place. In the event that the President and the Vice President resign leaving the Association leaderless the next Senior member of the remaining members of the council shall automatically be temporary President and shall, as soon as possible, initiate a Council meeting to see that a new President and a new Vice President are elected.
9.6 All candidates shall be placed on a common ballot, and election to office shall be based on the number of votes cast for each candidate. If three Councilmen are to be elected, the three candidates who receive the highest number of votes, on an individual basis, and are in good standing shall be declared the elected members of the Council. Similarly, if four are to be elected, the four candidates who are in good standing and receive the most votes shall be declared elected. This policy applies regardless of the number of elected offices to be filled. In the event of ties, a runoff election shall be held for those nominees for whom an equal number of votes have been cast if necessary to secure the election of the prospective candidate.
10.1 The Annual Election Meeting shall be held on the last Thursday in September or the nearest acceptable date thereto as determined by the Executive Council.
10.2 The Annual Budget Meeting shall be held on the first Thursday in February or the nearest acceptable date thereto as determined by the Executive Council.
10.3 Special meetings may be called at the discretion of the Executive Council, provided the agenda for the special meeting is submitted to the membership at least one week prior to the meeting.
10.4 The President shall preside at each meeting. In his absence, the Vice President shall preside and in the absence of the Vice President, some other member of the Executive Council shall preside and such other member shall be designated by the President or Vice President.
10.5 The General membership may petition in writing the Executive Council to hold a General Membership Meeting. Signatures of ten percent (10%) of the total registered voting membership are needed to meet this requirement.
11.1 The President shall designate committees to be responsible to the Executive Council for specific functions.
11.2 Each committee shall comply with the spirit of these by-laws in the selection of its chairman and members.
11.3 The President shall have the right to change committee chairmen and/or members whenever necessary.
11.4 The President shall be an ex-officio member of all committees. The liaison member of the Executive Council shall an official member of his assigned committees.
11.5 A majority vote of all committee members shall hold on all matters before each committee.
11.6 Committees which may exist each year shall be called Standing Committees and shall consist of: Beach/Beach Maintenance/Lifeguard/Security Committee Boating Committee Clubhouse Committee Finance Committee Lake Conservation Committee Long Range Planning Committee Membership Committee Social Committee Swim Team Committee
Hire personnel who maintain supervision of the swimming area and instruction program and insure water safety. Maintenance and improvement of the beach/parking area and facilities. Establish and administer security about those properties defined within the confined of the association budget that should be protected from vandalism.
FINANCE Maintain cognizance of, advise on, audit annually the financial accounts of the Association and provide an annual profit and loss projection and cash flow statement at the autumn general membership meeting. The finance function will ensure that all payroll and annual tax returns are filed on a timely basis.
MEMBERSHIP Welcome any new members to the association, prepare brochure to inform new people on our association’s affairs and community interests, maintain up to date membership files and badges and supply new members with copies of By-Laws.
EVENTS Plan and administer the association’s social events throughout the year.
BOATING Administer and maintain the boating facilities, organize boating events.
LONG RANGE PLANNING Study and make recommendations concerning the disposition, improvement, and growth of association facilities.
CONSERVATION Administer program to maintain and enhance the quality of our environs that affect the quality of our environs that effect the contents of Shongum Lake (this includes weed and algae control and water testing in Shongum Lake).
CLUBHOUSE Establish and maintain the Shongum Lake clubhouse for social, recreational and business activities that are pursuant to the goals of the Association.
SWIM TEAM Administer the functions necessary to the independent development of a competitive swim team at Shongum Lake.
CIVIC AFFAIRS To maintain close communications with the municipal government in so far as the township development affecting Shongum Lake is concerned.
Amendments to the By-Laws shall be recorded in the Morris County Clerk’s office, and the Association shall maintain a record of the amendments, open to all members or their designee upon request.
15.1 WHO MAY USE THE BEACH:
Association members and their guests. No person eligible for membership in the Association and not a member in good standing may be a guest of another member. The member is responsible for their guests conduct while using Shongum Lake. Any guest of Shongum Lake must be accompanied by a badge holding member of the Association. Adult guests ineligible for membership can visit our lake 3 d ays per season at no cost. For the 4th and subsequent days, a $5.50 fee per person (all ages) per day will be charged. For extended overnight guests (i.e. more than 3 nights) the rate is $1.00 per person per day. No guest fee will be imposed on weekday vis its by guests 16 years of age or younger. Dependent minors of families eligible for membership are not allowed as guests. Guests must obey all standard beach rules including the swimming proficiency test required prior to swimming to the far dock and the r ule prohibiting glass of any type on or around the beach area. Beach guests during the annual SLPOA picnics (Memorial, Independence and Labor Days) are permitted subject to the following limitations, fees and conditions: A maximum of 100 Guest tickets will be available on a first purchased basis for the Memorial and Independence Day parties. Given typically higher Labor Day party attendance, only 50 tickets will be available for that event. Tickets for all Parties will first be available for sale from the A dministrative Coordinator/designee at the annual May Swim Team registration. Once the Beach opens, any remaining tickets for subsequent parties may be purchased with payment by check payable to SLPOA from the Beach Director. Fees for tickets purchased one week or more from the scheduled picnic date are as follows: Adult $10.00/ticket
Minors and Seniors (Age 70+) $5.00/ticket
Subject to availability per (A) above, tickets purchased within one week of the scheduled picnic date are as follows:
Adult $15.00/ti cket
Minors and Seniors (Age 70+) $7.50/ticket
Guest tickets are not required for children 2 years of age or younger.
Once purchased, tickets are nonrefundable unless the date of the picnic is subsequently changed due to the weather. If the date of the picnic is changed, additional guest tickets will be available for sale on the rescheduled date at the same rate as tickets purchased one week or more proceeding the picnic. 15.2 BEACH USE When lifeguards are on duty, the following rules apply:
Swimming from the Association beach will be limited to the designated swim area under the Lifeguard’s control.
Anyone swimming outside this area swims at his own risk.
All children under 18 will be required to demonstrate their swimming proficiency to the Lifeguard up Those designated by him as “ non swimmers ” will be restricted to designated safe areas. on request. Obey all instructions of the Lifeguard.
No unattended children under 12 years of age are permitted on the beach. In cases where no adult accompanies the child, the Lifeguard will be the sole judge as to whether the child is properly attended. Smoking is prohibited at all times on the sand area of the beach.
The following rules apply at all times: No horseplay in the water, on beach or raft.
No fishing in the swimming area.
No boating in the swimming area.
No animals on the beach.
No littering clean up before leaving.
No vehicles in the beach area.
No glass containers on the beach.
15.3 PRIVATE GATHERINGS AND PARTIES
Private gatherings sponsored by a member for guests who are not members will be permitted only on weekdays and exclusive of holidays. Friday after 5:00 p.m. will be considered as the weekend. These parties must be registered in advance with the Beach Director or acting Beach Director. All guests will be required to register on the date of the event with the Beach Director or acting Beach Director. The purpose of registration is to enable scheduling of the beach facilities. Organized gatherings where all persons are members must also be registered purposes. in advance for scheduling Swimming is allowed until night fall or 9:00 PM, whichever is earlier, subject to a lifeguard being on duty. Adequate adult supervision is required (no less than 1 adult for each 10 attendees under age 21). All beach pa rties must end by 12 midnight. When registering before the party, the adult member must indicate the duration of the party, number of attendees, whether alcohol will be served and number of supervising adults (if applicable). Discretion must be used in ope rating the PA system. The PA system may not be used after 10:00 PM. Fires are allowed in the cooking grills only. No fires are allowed, except at a lake run event, in the beach sand, grass or other areas of the property allowed except at a lake run event i n the beach sand, grass or elsewhere.
Beach rules shall apply unless specified to the contrary under Sec. 15.
16.1 BOATING AND THE USE OF THE BOATING AREA
The boating area will be used solely for boating activities with the exception of as designated for supervised swim team activities. such floats and spectator areas All boats docked on the lake must be kept in the boating area except for lakefront property owners who may dock on their own lakefront. The Boating Committee shall when necessary. issue other rules and regulations within the framework and spirit of these ByLaws
16.2 BOAT REGISTRATION
All boat owners using the lake must register with the Association and obtain Boat Tags. Tags must be prominently displayed on each boat . Annual Boat Registration fees will be established by the Executive Council for the following categories: Association members Nonmembers having a deeded right to use the lake as referenced in Article 3.1
16.3 POWER CRAFT
No power craft will be permitted on Shongum Lake regardless of the type of motor or power source.
17.1 Ice fishing is not permitted between the island and the dam.
17.2 No hockey permitted in the area cleared for general skating.
17.3 Power craft of a ny sort shall not be permitted on the ice except for snow removal purposes.
17.4 The Association encourages skaters to skate in groups.
17.5 Ice skating on Shongum Lake is at the skater’s own risk.
18.1 The Executive Council shall take disciplinary action against any Association member who flagrantly, and persistently, disregards or breaks the Association’s rules and regulations and/or damages, destroys or is convicted of stealing Association property or equipment or any property or equipment is in an Association area. other member’s property or equipment while the
18.2 The maximum action which the Executive Council may take is limited to a three (3) month suspension of the individual offender from the Association’s activities.
18.3 Any infraction which the Executive Council feels requires a more serious punishment shall be brought before the general membership for their action. One infraction felt by the Executive Council to require a more serious punishment is allowing u nderage drinking at private parties sponsored by members in the clubhouse or at the beach. The disciplinary action for such an infraction is suspension of all membership privileges for the remainder of the fiscal year for the family sponsoring the party.
1 8.4 The following safeguards shall exist for the individual or family against whom action is being taken by the Executive Council. The individual, or family, must be notified in writing at least one week in advance of the Executive Council meeting at which the action will be taken. The individual, or family, shall have the right to defend his/their actions before the Executive Council. Except possibly for an infraction included under Article 183, in no case shall a family be penalized for the actions of one of its members. Five (5) of the seven Executive Council members must vote in the affirmative on any action taken.
18.5 The Beach Director shall have the authority to suspend a member’s right to use any of the Association’s facilities for infractions of th e above rules and regulations for a maximum period of two weeks. A report of the suspension must be made to the Executive Council and the Committee Chairperson. The suspended member shall have the right of appeal to the Executive Council and the Executive Council must act on the appeal within 48 hours.
19.1 Member families shall be given one badge for each permanent resident of their household.
19.2 Badges must be worn in full view by members and their guests while engaging in any activity in or on any part of Shongum Lake, at any time during the year. The only exception will be when a ticket is required to attend a social function.except badges
19.3 No member, on leaving the Association, may give or sell his membership badges to anyone, may be passed on to renters or lessees (refer to para. 4.1). Badges not passed on to renters or lessees should be returned to the membership chairperson or committee.
19.4 No member shall, or allow anyone on his behalf, to represent himself as the spokesman or representative of the Shongum Lake Property Owner Association without prior written consent thereto from the Executive Council. Please take further notice that violation of the proposed regulation, and all existing regulations, which a re Articles XV, XVI and XVII and of the ByLaws of the Shongum Lake Property Owners Association, subjects violators to disciplinary action pursuant to Article XVIII of the ByLaws which may include upon action of the Executive Council or Beach Director, suspension of membership privileges or by action of the general membership more serious punishment.
23.1 All members (including committees and the Council) must reserve Administrative Coordinator. the clubhouse through the
23.2 Reservation and the use of the clubhouse do not come with beach privileges. If use of the beach is desired, separate arrangements must be made with the Beach Director during the summer or the Council member responsible for the beach during the other times.
23.3 All members (excluding committees and the Council) will pay a daily usage fee plus deposit, the amounts of which are set annually by the Council, when the keys are picked up. Separate checks p the keys. must be made payable to SLOPA and are required for the usage fee and deposit. Keys must be picked up in advance. Only adult members may reserve the clubhouse and pick u
23.4 The person reserving the clubhouse is responsible for any damage or loss of SLPOA property.
23.5 SLPOA property is not to be removed from the clubhouse. 23.6 Keys are to be returned no later than the day after the reservation date. The deposit check will be either returned or destroyed at the members option after inspection of the premises.