CONSTITUTION OF THE “KEMAH LAKE PROPERTY OWNER’S ASSOCIATION, INC.” Updated May 4, 2019

ARTICLE I - NAME

ARTICLE INAME

The name of this organization shall be “Kemah Lake Property Owner’s Association, Inc.” hereinafter referred to as “the Association” or
“this Association.”

ARTICLE II - OBJECTIVE

ARTICLE II – OBJECTIVEs

The objective of this Association shall be to maintain, promote, control and improve the basic working fundamentals of a progressive residential rural lake community; to act as a spokesman on behalf of the lake; and to cooperate with all local officials; and to develop and protect an ideal rural lake community. In support of our objectives, the primary goals are: (i) support approved environmental practices; (ii) monitor and respond to changes in water quality; (iii) inform, educate and assist members and governing bodies regarding practices affecting our lake and environment; and (iv) provide social opportunities.

ARTICLE III - ORGANIZATION

ARTICLE III – ORGANIZATION

This Association is a non-profit corporation organized under the laws of the State of New Jersey, County of Sussex. If at any time this Association shall be dissolved, no part of its funds or property shall be distributed to or among its members, but after payment of all indebtedness of the Association, its surplus funds and property shall be used in the best interest of Kemah Lake in such manner as the then governing body together with the membership of the Association may determine. The Registered Office of this Association shall be known as the Secretary’s Office and shall be located in the County of Sussex, State of New Jersey. The membership and conduct of the Association shall be prescribed in the By-Laws, which from time to time shall be adopted or amended.

ARTICLE IV - GOVERNMENT

ARTICLE IV – GOVERNMENT

The legislative and government body of the Association shall be the active membership of the Association, which may be referred to as the “Active Members” as provided in the By-Laws, which from time to time shall be adopted or amended. The Association shall be administered by an Executive Board consistent with the purposes of this Association, such Board shall be comprised, elected, and have the powers and duties as directed by the By-Laws, which from time to time shall be adopted or amended.

ARTICLE V - MEETINGS

ARTICLE IV – GOVERNMENT

The legislative and government body of the Association shall be the active membership of the Association, which may be referred to as the “Active Members” as provided in the By-Laws, which from time to time shall be adopted or amended. The Association shall be administered by an Executive Board consistent with the purposes of this Association, such Board shall be comprised, elected, and have the powers and duties as directed by the By-Laws, which from time to time shall be adopted or amended.

ARTICLE VI - AMENDMENTS

ARTICLE VI – AMENDMENTS

The Constitution may be amended by a two-thirds (2/3) affirmative vote of the Active Members present or voting by absentee ballot at a general meeting or a special meeting called for that purpose, provided notice of any proposed change shall be made in writing to all Active Members at least fourteen (14) days prior to the meeting at which the proposed amendment is to be acted on.  AMENDMENTS ADOPTED AND APPROVED ON 5/4/2019.

Constitution & By-Laws Updated May 4, 2019

BY-LAWS OF “KEMAH LAKE PROPERTY OWNER’S ASSOCIATION, INC.” (hereinafter referred to as “the Association” or “this Association”) Updated May 4, 2019

CHAPTER I - MEMBERSHIP

ARTICLE I – MEMBERSHIP

Section 1. Requirements for Membership.

The membership of this Association shall consist of the record owner or co-owner of titled at Kemah Lake (herein the “registered property owners” or “property owners”) who have signed the Kemah Lake Property Owners Association Club Plan Agreement (the “Club Plan”) and paid the initiation fee (a “member”). A copy of the Club Plan Agreement is attached as Exhibit A. Kemah Lake consists of the properties identified in the map titled “Property Limits Kemah Lake Property Owners Association” attached hereto as Exhibit B.

It should be noted that by Resolution dated as of July 17, 1973 it was resolved that in consideration of transfer by Kemah Lake Corporation (the “Corporation”) to Kemah Lake Property Owner’s Association, of certain lands described in deed dated as of July 17, 1973, Kemah Lake Property Owner’s Association heartily covenanted and agreed with the Corporation, its grantees, successors and assigns that the Association would accept as members with full membership privileges grantees of properties purchased from the Corporation, its successors and assigns, from remaining adjacent lands presently owned by said Corporation upon payment by such grantees to the Association of established dues and fees. Said memberships shall not be obligated to provide more than eight memberships under the term of the within resolution. (The term memberships shall be construed to mean one membership per family for such grantees). For purposes of membership these properties must meet the requirements of registered property owners.

A registered property owner who is not yet a member may become a member of the Association upon payment of the initiation fee and signing of the Club Plan.

Once a property owner has signed the Club Plan as to one property, all properties owned or later purchased by that member shall be subject to the Club Plan in perpetuity and any purchaser or other transferee of property from such member shall be subject to the terms of the Club Plan.  The property owner at the request of the Association shall sign additional Club Plans for each such property. Such Club Plan or Plans shall be recorded by the Association with the Office of the Clerk of Sussex County, New Jersey. Alternatively, the Association may in accordance with the Club Plan record with the Office of the Clerk of Sussex County, New Jersey a Certificate indicating the property is subject to the Club Plan pursuant to the Club Plan terms.

Members have the privilege of using the lake and Association properties as provided in these By-Laws, and by Rules and Regulations adopted by the Executive Board from time to time, and the duty to pay fees, dues and assessments as provided in these By-Laws.

Section 2. One Membership Per Property; Definition of Family Membership.

Only one Family Membership shall be issued on any one property. A Family Membership shall consist of the property owner(s) and the members of the owner’s family residing in the owner’s household. Membership privileges are limited to individuals only. Where the owner of a property is other than an individual – membership shall be limited to an individual designated in writing and submitted to the Association by such entity for purposes of establishing membership privileges for one individual and his/or her immediate family.

Section 3. Tenant Membership.

A member who rents his or her property has the option of retaining the Family Membership or providing the Family Membership to the tenant. The member must inform the Association in writing as to whether they are retaining the Family Membership or providing the Family Membership to the tenant. In either case the member remains responsible for payment of the annual dues and assessment.

Section 4. New Owner of Title

A new owner of property at Kemah Lake may be accepted as a member upon payment of the initiation fee, payment of the current dues and assessments, and signing of the Club Plan; provided, however, if a prior owner of such property had already signed the Club Plan the new owner will only need to pay the initiation fee and any dues and assessments owed.

If an Active Member in good standing purchases another property in Kemah Lake, no initiation fee need be paid. If the member is not in good standing an initiation fee will be due on the new property.

Section 5. Initiation Fee, Dues, Assessments and Other Charges

“Initiation Fee”: The initiation fee shall be in the same dollar amount as the dues and assessments for the then current year.

“Dues and Assessments”: The dues and assessments will be determined annually in relation to the financial requirements of the Association following the principles as set forth in Article II of the Constitution. Dues and assessments for the Membership Year shall be voted on at the May Meeting.

The dues and assessments of this Association shall be due and payable in advance on May 1st of each year and shall be collected at the May meeting, but in no event received later than June 7th. If any dues and assessments, whether for prior years or for the current year remain unpaid and outstanding on September 30th, after written notice to the member, the Association will file a lien against that member’s property. In the event that such charges remain in default for a period of one year, interest at the highest legal rate shall be charged upon the unpaid amount thereof from the date when said charges were due until the charges are paid in full. All collection costs and expenses, including interest, reasonable legal fees, and all filing fees shall be added to any dues and assessments.

“Membership Year” shall be from May 1st to the following April 30th.

Each member shall pay dues and assessments, on each property owned by that member; provided, however, that any member, who is a registered property owner of more than one property at Kemah Lake, shall only pay additional dues and assessments for each property for which a certificate of occupancy has been issued.

Section 6. Active Member in Good Standing; Right to Vote

“Active Member in good standing” or “Active Member” means a member who shall be current in his or her dues and assessments. A member shall become inactive if such member’s current dues and special assessments are not paid by June 7 of the current Membership Year. In order to remain an Active Member in good standing, there must be continuity in the payment of dues and special assessments (when assessed) from Membership Year to Membership Year.

Property owners at Kemah Lake who are not Active Members in good standing shall not be allowed lake privileges. The tenant of a member who is not an Active Member in good standing shall not be allowed lake privileges; unless the tenant has purchased a Tenant Membership for that year.

The right to vote at any general or special meeting of this Association shall be limited to Active Members in good standing. Members shall be limited to one vote per property owned by that member for which dues are paid. There shall be only one vote per Family Membership. Tenants do not have the right to vote, even if they have paid for a Tenant Membership.

Section 7. Membership Privileges

Only Active Members in good standing and others in their Family Membership and their guests shall be entitled to the use and benefit of the lake and other Association property subject to the Rules and Regulations adopted by the Association and governing the use of such Association property.

If any individual in a Family Membership or the guest of a member should violate any provision of the Constitution, the By-Laws or the Rules and Regulations adopted by the Association, then such Family Membership may not be entitled to the use and benefit of the lake and other Association property, including but not limited to the beaches, boat launching areas, and any of the islands on the lake. The same provisions apply to tenants and guests.

CHAPTER II - GOVERNMENT

ARTICLE II – GOVERNANCE

Section 1. Legislative Body

A.    Composition

The Active Members in good standing shall be the supreme authoritative body of this Association.

B.     Powers

The Active Members in good standing shall possess the legislative powers of the Association, and shall determine the policies which shall govern this association in all its activities. In addition to all powers granted by law they shall have the power:

  1. To enact, amend and repeal the Constitution and By-Laws of the Association.
  2. To create special committees of the Association.
  3. To establish Rules and Regulations not inconsistent with these By-Laws to govern its organization, procedures and conduct.
  4. To elect the Executive Board.
  5. To adopt an annual budget.
  6. To determine the yearly dues and assessments.
  7. To participate to the fullest in the affairs of the lake community.

Section 2. Administrative Body

The administrative body of this Association shall be the Executive Board.

A.    Composition

The Executive Board (hereinafter the “Board”) shall consist of eleven (11) Trustees elected by the Active Members in good standing.

B.     Qualifications

A trustee must be an Active Member in good standing. Should the status of any trustee change or should a Trustee fail to attend at least four (4) meetings of the Board in a year, that office may be declared vacant by the Board, and the President or his successor shall proceed to fill such vacancy until the next regular election.

C.    Term of Office; Staggered Elections

Trustees shall serve a term of three years from the date elected and until their successors are elected. The terms shall be staggered so that in some years four trustees shall be elected, in some years three trustees shall be elected. Commencing with the 2018 September Meeting four trustees will be elected for a three year term, and two trustees for a two year term. Thereafter each group of trustees that are elected will be elected for a three-year term.

D.    Powers of the Board

  1. The Board shall be the managing body of the Association, vested with full power to conduct all business of the Association, subject to the laws of the State of New Jersey, the Articles of Incorporation, the Constitution and By-Laws and the mandates of the Association.
  2. It shall have the power to establish any interim policies when the Association is not in session and when such policies are essential to the management of the Association, provided, however, that all such policies must be presented for review and approval at the next general meeting of the Association.
  3. It shall have the power to approve special committees appointed by the President.
  4. To raise income by means not inconsistent with the object of the Association for reasons not inconsistent with the object of the Association.

E.     Duties of the Board

  1. To provide for the maintenance and supervision of the lake and the properties owned and/or operated by the Association.
  2. To cause to be bonded by a reliable surety company any officer of the Association entrusted with the Association funds for whatever amount deemed necessary and order payment of same.
  3. To review the annual written report of all committees of the Association and to make recommendations concerning same for the Association.
  4. To act on all applications for active membership.
  5. To submit an annual report to the Association concerning its activities and the activities of special committees of the Board.
  6. To authorize the Treasurer to pay all bills owed by the Association which are deemed proper and to prepare vouchers for same.
  7. To perform such duties as are prescribed by these By-Laws or by the active membership.
  8. To examine the Constitution, By-Laws and Rules and Regulations of the Association suggesting amendments to the active membership where it is felt necessary.
  9. To enforce all Rules and Regulations promulgated by the active membership and Executive Board.
  10. To maintain liaison with State, County and local officials to effectuate mutual goals of all parties.
  11. To maintain a balanced budget with all expenditures within the approved yearly budget.

F.     Officers

  1. The officers of the Association shall be a President, First Vice-President, Second Vice-President, Secretary and Treasurer.
  2. The officers shall be elected by the newly constituted Executive Board at the first board meeting following the September general meeting of Active Members. Officers shall be chosen from the eleven (11) Trustees. If a Board member declines an office or a vacancy occurs, then the duties of that office shall be conducted on a pre-temp basis until the vacancy is filled.
  3. The officers other than the Treasurer shall each serve for a one year term. The Treasurer shall serve for a three-year term.
  4. Duties and responsibilities of the officer are:

(a)        President: It shall be the duty of the President:

To preside at all meetings of the Association and Board.

To serve as an ex-officio member of committees.

To call special meetings of the Association and the Board.

To appoint the chairman of all committees unless otherwise provided in these By-Laws.

To fill any vacancies in office until the next regular election.

To serve as the official representative of the Association for the purpose of advancing the objectives and policies of the Association.

To sign all checks with the Treasurer.

To perform such duties as usually pertain to the office.

To form special committees where necessary.

To sign any criminal complaints or other legal process and to pursue such action or assign person or persons to act in this capacity.

(b)       First Vice President: It shall be the duty of the First Vice President:

To assist the President as requested.

To preside at all meetings in the absence of the President.

To sign checks with the Treasurer in the absence of the President.

(c)        Second Vice President: It shall be the duty of the Second Vice President:

To assist the President as requested.

To preside at all meetings in the absence of the President and First Vice President.

To sign checks with the Treasurer in the absence of the President and First Vice President.

(d)       Secretary: It shall be the duty of the Secretary:

To keep an accurate record of the minutes of all regular and special meetings of the Association and the Board.

To keep an accurate record of the names and addresses of the members of this Association and other information as may be deemed by the Executive Board

To notify all members of the committees of their responsibilities.

To take a roll call at all general meetings of the Association and Executive Board meetings.

To submit all bills payable to the Board for their disposition

To perform such other duties as may be delegated to the Secretary and as usually pertains to the office.

To file an annual report with the Secretary of State.

To read all correspondence and or communication received that may reflect in any way substantial changes or contemplated changes that would or could impact the Association at special and regular general meetings.

(e)        Treasurer: It shall be the duty of the Treasurer:

To be the custodian of all funds and other securities of the Association and to keep same in proper accounts.

To pay all bills as authorized by the Executive Board and/or the Association and to receive vouchers for same.

To send bills for dues and special assessments to the members of the Association.

To keep an accurate record of all income and expenditures.

To make a full and detailed report of the financial affairs of the Association to the Executive Board upon request and a complete report at the May meeting of the Association.

To perform such other duties as usually pertains to the office.

To co-sign all checks.

CHAPTER III - ELECTIVE OFFICERS

ARTICLE III – ELECTION OF EXECUTIVE BOARD

Section 1. Inspectors

The Chair of the Election Committee shall appoint a minimum of three (3) Active Members in good standing to serve as Inspectors of elections and carry out the Elections process including nominations, voting, tabulating, and communicating election results. Inspectors that serve on the Election Committee shall sign an oath or promise to faithfully execute the duties of the position and act with strict impartiality and in accordance with that person’s best ability. An Inspector shall not participate in nominations or elections when he/she or an immediate family member is a candidate.

Section 2. Nominations

  1. Eligibility. Each Active Member in good standing may nominate themselves or any other Active Member in good standing as a candidate for a position on the Executive Board, so long as the nomination is received by the Election Committee on or before the close of the period for submitting nominations.
  2. Elections for the Executive Board. Elections for Trustees shall take place annually at the September Meeting.
  3. Request for Nominations – Mailed June 1st. The Election Committee shall mail/e-mail a call for nominations to all Active Members in good standing not later than June 1st of each year, including the Executive Board Nomination Form and the Nomination Form. The call for nominations must include a reminder to all members that they can nominate themselves or any other Active Member in good standing. In no event shall a request for nomination be mailed/e-mailed later than 30 days prior to the Notice of Elections.
  4. Period for Submitting Nominations – Ends July 1st. The period for submitting nominations shall close July 1st of each year, except that if the request for nominations is issued other than June 1st the period for submitting nominations shall close 14 days from the date of mailing/e-mailing of the request for nominations. Nominations shall be delivered to the Election Committee at KLPOA, P.O. Box 2454, Branchville, NJ 07826, by US Mail, or any other commercial delivery service, or by email at info@kemahlake.com not later than 5 pm on July 1st, or the 14th day from the date of mailing/e-mailing of the request of nominations. All Nominations shall use the Executive Board Nomination Form and the Nomination Form must include all required information to be considered a valid nomination.
  5. Confirming Nominations. The Election Committee shall be responsible to review all nominations delivered to it by the deadline. The Election Committee shall ensure all required information is contained on the Executive Board Nomination Form. Any incomplete nomination forms shall be communicated to the nominee and they shall have seven (7) days to provide any updates required to bring their nomination form into compliance. The Election Committee shall confirm each nominee is an Active Member in good standing. The Election Committee shall confirm in writing with each nominee that has been nominated by another member, that they agree to stand for election and assume their position should they win the election. Should a nominee decline to run for office, their nomination shall be excluded from the ballot. Election Committee shall request biographical information for each nominee that will be on the ballot (not more than 200 words).

Section 3. Elections

  1. September Meeting: Elections shall be held at the September Meeting of the Association. Elections shall be conducted under the direction of the Chair of the Election Committee. Trustees shall be elected by a majority vote of Active Members in good standing that cast their ballots either by Absentee Ballot or at the September Meeting provided that the number meets or exceeds the quorum requirement. For example, if there is a total of 50 ballots cast (both Absentee and in person) by Active Members and one candidate receives 26 votes and the other 24, the candidate receiving the majority (26) of the ballots cast wins.
  2. Preparation of Ballots. The Election Committee shall prepare ballots from all valid nominations received listing the names in alphabetical order by last name the names of all candidates. The ballots shall include a page of biographical information, not to exceed two-hundred (200) words, for each candidate provided on their nomination form. If no biographical information was provided, the Candidates name shall appear and the statement “No biographical information provided by the candidate”.
  3. Notice of Election and Ballots– August 1st. A Notice of Election and Ballots shall be mailed or e-mailed to all Active Members in good standing on August 1st, but in no event later than 14 days prior to the September Meeting, or such other meeting at which an election would be held using a date of record to establish Active Members in good standing as of May 31st. Those Active Members in good standing who cannot attend the September Meeting in person may vote by returning the enclosed ballot. To be counted as an Absentee Ballot the ballot must be completed and signed and returned as provided herein.
  4. Absentee Ballots. Absentee ballots shall be due for return the day prior to the September Meeting and must be delivered to the Election Committee at KLPOA, P.O. Box 2454, Branchville, NJ 07826 or such other address as provided in the Ballot via mail, hand delivery or other commercial delivery service by 4 PM on the due date to be a valid ballot. Members that mail in an Absentee Ballot may withdraw the mailed Absentee Ballot and cast a new Ballot at the September Meeting if they attend in person.
  5. Ballots/Those Attending. An Active Member in good standing may cast their vote at the meeting by completing and submitting their ballot in person at the September Meeting. Ballots for those in attendance at the September Meeting will be collected by one of the Inspectors of elections at the meeting.
  6. Collecting Ballots/ Counting of Ballots/ Election Results. The Election Committee shall be responsible for counting all ballots and confirming that the ballots are authentic and valid. Invalid ballots shall be excluded from the vote count and tabulation. The Inspectors shall count and tabulate the votes for each candidate and record the tabulated results for communication to the Membership before the September Meeting is adjourned. In the event of a tie between two or more candidates, the Election Committee shall first conduct a recount of the ballots. If the results of the recount remain tied, the President, who shall not vote at the regular elections, will cast the deciding vote.

CHAPTER IV - MEETINGS

ARTICLE IV – MEETINGS

Section 1. General Meetings

There shall be two general meetings of the Active Members a year. The spring meeting will be on or about the first Saturday in May (herein at times referred to as the “May Meeting” or the “Spring Meeting”). The fall meeting will be on or about the second Saturday in September (herein at times referred to as either the “September Meeting” or the “Fall Meeting”).

Written notice of these meetings will be provided to each member of record in the Association’s Spring and Fall Newsletters. Notice of meetings shall be posted on the Association website at www.kemahlake.com, posted at or near the pavilion at the Big Beach, mailed and or e-mailed to each Active Member in good standing at the time of mailing.

Section 2. Special Meeting

Special meetings may be called by the President or shall be called by him at the written request of two-thirds of the Active Members, or by a majority request from the Executive Board. Written notice must be given the Active Members at least fourteen (14) days in advance of any special meetings. No other business shall be considered except that provided in the written notice

Section 3. Quorum for General and Special Meetings

A quorum of ten (10%) of the Active Members in good standing shall be required before a general meeting is convened. If no quorum shall be present at the meeting, the meeting shall be adjourned to a time and place convenient to a majority of those present until a quorum can be present.

Section 4. Executive Board Meetings

It shall be the obligation of the President and the Board to have at least eleven (11) meetings within the year of that President’s term of office.

The Board meetings will be called by the President as needed, or at the request of the majority of the Board. Sufficient notice must be given the members of the Board by the President in advance of any meeting of the Board to insure a quorum. A quorum shall consist of seven (7) members.

Meeting dates, time and place shall be posted on the Association website at www.kemahlake.com.

All meetings of the Executive Board, except conference or working sessions at which no binding votes are taken, shall be open to attendance by Active Members in good standing.

Attendance may be restricted at those meetings, or portions of meetings, dealing with (1) any matter the disclosure of which would constitute an unwarranted invasion of individual privacy; (2) any pending or anticipated litigation or contract negotiations; (3) any 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; and (4) any matter involving the employment, promotion, discipline or dismissal of a specific officer or employee.

All open meetings shall have a public comment section at the discretion of the Executive Board. Minutes shall be taken and made available to all members following review and approval of meeting minutes by the Executive Board.

Section 5. Notice/ Votes by Mail

Adequate notice of any open meeting shall be given to all members. Adequate notice means written advance notice of at least 48 hours, giving the date, time, location and (to the extent known) the agenda of any annual, regular, special, or rescheduled meeting. Such notice shall accurately state whether formal action may or may not be taken. This notice shall be prominently posted on the website www.kemahlake.com, on the Kemah Lake Facebook Group, and distributed via regular and e-mail. Where a member has provided an e-mail addresses for receipt of notices, his or her e-mail shall be used for all such notices until the members notifies the Association as to a different e-mail address or preference for receiving notices.

In the event that the Executive Board is required to deal with such matters of urgency and importance that delay, for the purpose of providing 48 hours advance notice, would result in substantial harm to the interests of the Association, the notice shall be deemed adequate if it is provided as soon as possible following the calling of the meeting.

Whenever a notice of meeting or other action under the Constitution or these By-laws provides for a vote by mail such “absentee ballot” shall be due for return the day prior to the meeting and must be delivered to KLPOA, P.O. Box 2454, Branchville, NJ 07826 or such other address as provided in the notice via mail, hand delivery or other commercial delivery service by 4 PM on the due date to be a valid ballot. Members that mail in an absentee ballot may withdraw the mailed absentee ballot and cast a new vote at the meeting if they attend in person.

Section 6. Order of Business at Meetings

The Order of business of this Association at its regular general meetings will be as follows:

  1. Roll Call
  2. Reading of minutes of previous meeting and/or meetings with correction and acceptance thereof.
  3. Reading of the Treasurer’s report with correction and acceptance thereof.
  4. Report of the Executive Board
  5. Reports of regular committees.
  6. Reports of special committees
  7. Bills
  8. Communications
  9. Unfinished business
  10. New Business

Section 7. Roberts Rules of Order

Roberts Rules of Order (revised) shall govern the deliberations of this Association when such rules are not set forth in these By-Laws.

CHAPTER V - COMMITTEES

Section 1. Composition

All committees shall be composed of two (2) or more Active Members in good standing. Unless otherwise provided, appointments shall be made by the President from the general membership but he must appoint each Trustee to the chairmanship of at least one regular committee.

Section 2. Annual Report

Each committee shall submit in writing an Annual Report at the September Meeting and this report shall be preserved in the archives of the Association by the Secretary.

Section 3. Committees

A. Lake Water Quality

This committee shall maintain the conditions of the lake, as to water height, purity and growth control. They shall also be concerned with recommendations for rules of same.

B. Fish & Wildlife

This committee shall make studies of ways and means and recommend regulations to provide for the maximum fishing potentialities of Kemah Lake and management of wildlife.

C. Water Safety and Beach Patrol

This committee shall recommend Rules and Regulations for the safekeeping of the people of Kemah Lake as regards water safety, docks and floats, and any other conditions that are usually associated with the safety of the Lake. This committee shall enforce the restriction of the use of the Lake and beaches to Active Members only and their guests.

D. Financial Review

The Executive Board shall appoint a qualified individual or individuals to review the financial reports prior to the September Meeting, and report to the Association at this time their findings.

E. Rules and By-Laws

This committee shall review the Constitution and By-Laws of the Association and suggest amendments to the Executive Board where it is deemed necessary. If approved by the Board, the changes will be presented to the Active Membership for their approval.

F. Maintenance: Big Beach

This committee shall recommend ways and means for maintaining the property owned by the Association and maintain docks, floats and beach area at the Big Beach.

G. Maintenance: Small Beach

This committee shall recommend ways and means of maintaining the property owned by the Association and maintain docks, floats and beach area at the Small Beach.

H. Activities and Recreation

This committee shall plan activities and recreation for the active membership throughout the year.

J. Membership

This committee shall obtain the list of property owners who have not paid their dues and of new property owners and make every effort to collect any outstanding dues.

K. Public Information

This committee will prepare and distribute newsletters to the Active Members periodically during the year. The committee will also prepare and distribute fliers for special occasions when necessary.

L. Election Committee

Elections shall be supervised by the Election Committee. The Chairman of the Elections committee shall be appointed by the Board prior to the September meeting. Members of the Election Committee or their family members cannot be nominees for office. The appointment and duties of the Election Committee members are outlined in Article III – Election of the Executive Board.

M. Special Committees

Special committees for this Association may be created by the general membership at any meeting of the Association, by the Executive Board or the President, to serve until the September meeting for the purpose of performing any duty not otherwise assigned by these By-Laws.

CHAPTER VI - ALTERNATIVE DISPUTE RESOLUTION

ARTICLE VI – ALTERNATIVE DISPUTE RESOLUTION

The Association shall provide a fair and efficient procedure for the resolution of disputes between individual members and the Association, and between members as relates to the Association, the enforcement of these By-Laws and of the Rules and Regulations which shall be readily available as an alternative to litigation. A person other than a member of the Executive Board, or a member involved in the dispute shall be made available to resolve the dispute. The Executive Board shall from time to time adopt a policy further defining the process for the alternative dispute resolution.

CHAPTER VII - CONFLICTS

ARTICLE VII – CONFLICTS

These By-Laws are intended to comply with the requirements of and are written according to the provisions of the laws of the State of New Jersey. If these By-Laws or any provisions of them are construed as to be in conflict with the provisions of any New Jersey law the Board may amend the By-Laws to comply with any such statutory provision.

CHAPTER VIII - AMENDMENTS

ARTICLE VIII – AMENDMENTS

These By-Laws may be amended by a two-thirds (2/3) affirmative vote of the Active Members present or voting by absentee ballot at a general meeting or a special meeting called for that purpose, provided notice of any proposed change shall be made in writing to all Active Members at least fourteen (14) days prior to the special or general meeting at which the proposed amendment is to be acted on. With the notice of the meeting, there shall be a statement setting forth the nature of the amendment(s) and a copy of the proposed amended By-Laws.

AMENDMENTS ADOPTED AND APPROVED ON 5/4/2019.

EXHIBIT A TO THE BY-LAWS OF KEMAH LAKE PROPERTY OWNER’S ASSOCIATION, INC.

CLUB PLAN AGREEMENT

KEMAH LAKE PROPERTY OWNER’S ASSOCIATION, INC.

WHEREAS, we the undersigned, are the owners severally and/or jointly, of one or more improved or unimproved lots or tracts of land forming a part of the Kemah Lake Property Owner’s Association, Inc., located in the Township of Hampton, Sussex County, New Jersey, (hereinafter referred to as the “Association”); and

            WHEREAS, the title to each and all the lots and tracts covered by this Agreement including those belonging to the undersigned were or are subject to certain long-standing restrictions, reservations, provisions and conditions which have contributed materially to the harmonious improvement and development of the Association; and

            WHEREAS, we for these reasons desire that the said restrictions, reservations, provisions and conditions, which may expire or have expired by limitation, shall with or without certain modifications, be continued in full force and effect as hereinafter provided.

NOW, THEREFORE, we, the undersigned, being the owners as aforesaid of certain improved or unimproved lots or tracts of land comprising the Association in the Township of Hampton, Sussex County, New Jersey, do hereby severally and/or jointly for ourselves, our heirs, executors, administrators, successors and assigns, in consideration of the mutual covenants herein set forth, severally agree to and with each other and all of the like owners of other lots or tracts of land and premises now (or in the future) owned by us respectively, and any and all lands and premises in said sections now owned by us or any of us respectively or in which we or any of us have any vested or beneficial interest shall whether properly identified after our respective names or not, be subject to and be firmly bound by the terms, conditions, restrictions, and regulations set forth in the Association’s Constitution, By-laws, rules and regulations, presently existing and as hereinafter amended or adopted, and the restrictions, reservations, provisions and conditions hereinafter set forth as covenants running with the said land and premises, until March 1, 2002, and thereafter for successive periods of ten years each, except as hereinafter provided, in the event that the then owners of a majority of the lots and tracts of land and premises covered by this Agreement, shall hereafter agree to modify or to terminate the said restrictions, reservations, provisions and conditions in whole or in part as they may apply to any or all of such successive periods.

If and when a minimum of 120 active voting members covered by this Agreement (as defined in the Association’s By-Laws) shall have duly executed and delivered this agreement or a counterpart thereof, an appropriate certificate or certificates to that effect made by the President of the Association or of its successors or assigns and attested by the Secretary thereof shall, when and if recorded in the office of the Clerk of Sussex County, New Jersey, be conclusive evidence of the binding effect of the applications of the said restrictions, reservations, provisions and conditions set forth in this Agreement upon such lots and tracts of land and premises from and after said date and, consent to the recording of such certificate or certificates, we do here by for ourselves, our heirs, executors, administrators, successors and assigns, expressively waive any and all right or claim of right to challenge the binding effect thereof.

            The recording of a like certificate or certificates made by the officers of the Association, its successor or assigns, prior to the expiration of any one or more of the successive periods above provided, to the effect that the restrictions, reservations, provisions or conditions herein set forth shall have been in like manner agreed to be modified in whole or in part by the minimum of 120 then active voting members of the Association shall be conclusive evidence of that fact, and if and when such certificate or certificates shall be recorded in the Office of the Clerk of Sussex County, New Jersey on or prior to the effective date specified in such agreement or agreements the restrictions, reservations, provisions or conditions as so agreed to be modified shall from and after said date be binding upon all lots and tracts of land and premises for the period so specified until and unless further modified.

            The restrictions, reservations, provisions and conditions hereinafter referred to are the following:

            Section One:  All uses and structures permitted under the terms of the following sections shall conform to municipal ordinances which may be applicable to such permitted uses or structures.

            Section Two:  The owner of any property shall be responsible for the sanitary disposal of all sewage, garbage and rubbish and no disabled vehicles, garbage or rubbish may be stored on or disposed of on any of the lots subject to this Agreement.

            Section Three:  All owners of property agree to make payments to the Association of Association Charges (including any special assessments) in accordance with the provisions of the By-Laws of the Association in effect for any fiscal year.  In the event such charges remain in default for a period of one year, interest at the rate of highest legal rate applicable from due date shall be charged upon the unpaid amount thereof from the date when said charges were due.  In the event any overdue account is referred to an attorney for collection, the sum of 25 percent shall be added to the amount due to cover attorney’s fees.  The payment required to be made hereby shall be a personal obligation, and shall be and become until paid, a continuing lien on the property of the owner or owners so in default.

            Section Four:  It is understood and agreed that the Association’s facilities are available only to members of the Association who are in good standing and their guests.

AGREEMENT OF PROPERTY OWNERS AT KEMAH LAKE, HAMPTON TOWNSHIP, NJ

(CLUB PLAN AGREEMENT)

            We, the undersigned, being the owners severally and/or jointly, of one or more improved or unimproved lots or tracts of land forming a part of Kemah Lake in the Township of Hampton, Sussex County, New Jersey, as such hereinafter more particularly identified and described by lot and block set forth after our respective names, do hereby severally and/or jointly for ourselves, our heirs, executors, administrators, personal representatives, successors and assigns, severally agree to and with each and all of the like owners of the other tracts of land who have so bound their properties in Kemah Lake that said lots or tracks of land and premises now, or in the future, owned by us respectively be subject to and be firmly bound by the restrictions, reservations, provisions and conditions set forth in agreement entitled “Club Plan Agreement, Kemah Lake Property Owners’ Association, Inc.”, signed by Ruth Schiro, et als., and recorded in the Sussex County Clerk’s office on September 5, 1995, in Book 2098, Page 46 et seq.

            IN WITNESS WHEREOF, we have hereunto signed this agreement on the date set forth after our respective names.

HOMEOWNER’S SIGNATURE

PRINT HOMEOWNER’S NAME

LOT

BLOCK

DATE

___________________________

______________________________

____

_____

_______

___________________________

______________________________

____

_____

_______

State of New Jersey                }

                                                }SS:

County of Sussex                    }

            BE IT REMEMBERED, that on ______________, 20__, before me, the subscriber, personally appeared ______________________________________ & _____________________________________ who, I am satisfied, is/are the person(s) named in and who executed the within Instrument, and thereupon acknowledged that signed, sealed and delivered, the same as act and deed, for the uses and purposes therein expressed.

;                                                           ______________________________

By Laws Updated May 2011.