NWTHA Constitution and By-Laws

ARTICLE I: NAME & LOCATION

A. The name of this organization shall be the North Wheatland Township Homeowners Association, hereinafter referred to as the Association.

B. This association is located in northeast Wheatland Township and includes, but is not restricted to, the areas known as Country View Estates, River Crest, Shell Lake, Sunset Ridge, Wheatland View, Shannon's Way, and Acorn Estates.

C. This association is incorporated as a not-for-profit corporation under the laws of the State of Illinois.

ARTICLE II: PURPOSE OF THE ASSOCIATION

A. To improve the conditions of life, education, work, recreation, health and safety; to foster and develop a neighborhood plan; and to aid, assist, and sponsor neighborhood activities in the northern part of the Township of Wheatland, in the County of Will, in the State of Illinois.

B. This association shall be dedicated to political independence.

ARTICLE III: MEMBERSHIP

A. Membership shall be open to all adult owners and/or residents of detached single family dwellings.

B. Qualifications of membership, as set forth, shall be subject to verification by the Board of Directors of the Association.

C. Membership in good standing in the Association is contingent upon payment of dues each fiscal year, and any assessments voted by the membership, as defined in Article IV below.

D. Owners of homes within the areas mentioned in Article I above, but residing elsewhere, shall be eligible for membership.

E. Membership is not transferable.

F. Life Membership : Any person who has been an active member of the NWTHA for 25 or more years, and has devoted a minimum of 10 years of service to the NWTHA Board of Directors, shall be entitled to all benefits of membership in the NWTHA for the duration of his/her life. The annual membership fee shall be waived for such lifetime members. Life membership shall be subject to the review and approval of the acting NWTHA Board of Directors.

ARTICLE IV: DUES AND ASSESSMENTS

A. Dues shall be payable no later than October 1 of each year.

B. Annual dues from new members joining the Association after May 1, shall be no more than one half the announced dues for that year.

C. The amount of annual dues shall be determined by the Board of Directors, subject to ratification of the membership in a secret ballot majority vote at a meeting specified under Article VI below. Dues are payable on a per household basis.

D. Use of dues will be restricted to expenditures determined by the Board of Directors to be for the common good of the Association.

E. If the amount of monies held in the account known as the Legal  Fund should fall below $2,500, the Board shall have the authority to collect additional funds as it deems necessary to maintain a reasonable working balance. However, no more than a total of ten dollars ($10.00) shall be assessed per fiscal year.

F. All other assessments may be levied only by a two thirds majority of those present at a general meeting or specific membership meeting in a secret ballot vote. Such meeting shall be called as specified under Article VI below.

ARTICLE V: ORGANIZATION

A. The Association shall be governed by a Board of Directors and officers, to be elected by the general membership.

B. The Board of Directors shall consist of nine members of the Association elected at large as provided by Article VII below. The term of office shall be three years. Officers and the immediate past president shall be ex-officio members of the Board of Directors.

C. Officerships and memberships on the Board of Directors shall be limited to one per household.

D. Officers shall be a President, First Vice President, Second Vice President, Treasurer, and Secretary, elected annually as provided under Article VII below. Term of office shall be one year.

E. Duties of Officers shall be as follows:

1. The President shall preside at all meetings of the Board of Directors and of the general membership, in the accepted manner of a presiding officer and according to Robert's Rules of Order. The President shall be chief executive officer of the Association; shall appoint committee chairmen; and shall be charged with implementing the policy of the Association as determined by the Board of Directors.
    
2. The First Vice-President shall assume the duties of the President in his absence, and shall assume the President's unexpired term in the event of the latter vacating his office. The First Vice-President shall be responsible for such liaison with other organizations as the President shall require, and for such other duties as the President shall assign.
    
3. The Second Vice-President shall coordinate the activities of such committees as may be formed by the Board of Directors and such other duties as the President may assign. The Second Vice President shall succeed to the titles and duties of the First Vice President in the event the latter vacates his office.
    
4. The Secretary shall conduct correspondence at the direction of the President; record and report to the membership the minutes of meetings of the Board of Directors and the general membership; notify the membership of the dates, times, and places of general membership meetings, and the proposed agendas thereof, as provided in Article VI below; notify the Association's bank of the names of new officers; file any reports legally required of the Association; and receive resignations.
    
5. The Treasurer shall be custodian of the funds of the Association; keep the Association's financial records; make reports and financial statements to the Board of Directors; sign all checks drawn on the Association's bank account; and maintain relations with the Association's bank.
    

F. Officers shall be elected by the general membership as provided in Article VII below, and shall serve for a term of one year, or until their successors have been elected and qualified. All resignations of officers and directors shall be forwarded to the Secretary of the Association.

G. Vacancies on the Board of Directors and among officers shall be filled by appointment and approved by the remaining officers and members of the Board of Directors. Such appointments are valid until the next annual meeting.

H. Officers and members of the Board of Directors who are absent from six or more regular Board meetings during any fiscal year may be voted out of office by a two-thirds majority of the rest of the officers and Board members. The resulting vacancy will then be filled according to Article V, Section 6. Such appointments are valid until the next annual meeting.

ARTICLE VI: MEETINGS AND VOTING

A. The general membership shall meet at least once a year, at a date, time, and place to be announced by the Board of Directors.

B. Special meetings may be called by the President, if ordered to by the Board of Directors, or by a petition signed by at least 25 percent of the Association's members.

C. Written notice of general or special membership meetings shall be distributed to all members not less than ten (10) or more than thirty (30) days prior to the date set for the meeting. Such notice shall state the date, place, and time of the meeting, and in the case of a special meeting, shall also contain an agenda of matters to be considered at said meeting. In the case of a proposed amendment to the Constitution, there shall also be included the full text of the proposed amendment. ONLY the specific purpose(s) for which the special meeting was called can be acted upon at this meeting.

D. Nonmembers of this association shall not be excluded from attendance at meetings of the general membership, but shall not be entitled to make motions from the floor, or to vote.

E. The majority of those present and eligible to vote at a general meeting, for whom proper notice has been given, shall rule. Members holding 10 percent of the votes entitled to be cast, represented in person or by proxy, shall constitute a quorum. Withdrawal of any voting member from any meeting at which a quorum has been established shall not cause failure of a quorum at that meeting.

F. A member may vote in person or by proxy. All proxies shall be in writing and will be filed with the Secretary prior to the meeting for which the proxy was issued. Proxies must conform to the minimum specifications per Article XIII, Section B. Every proxy shall be revocable and shall automatically be void upon adjournment of the meeting for which the proxy was issued.

G. There shall be one vote per adult member, with a maximum of two votes per household. However, in the case of a single-adult household, that member is entitled to two (2) votes.

H. Only members in good standing may vote.

I. The Board of Directors must meet at least once quarterly and must report the results of each meeting to the general membership. The newsletter published directly after each Board meeting, and containing the results of each Board meeting, may constitute compliance with this section. A simple majority of the Board shall constitute a quorum for the transaction of any business at any Board meeting for which proper notice has been given. Proper notice shall be given to every Board member, personally, by mail or by telephone.

J. Meetings of the Board of Directors may be called by the President; by the appropriate officer in the absence of the President; or by a two-thirds majority of the Board.

ARTICLE VII: ELECTIONS

A. All officers and three directors shall be elected annually by the Association's general membership.

B. All elections shall be by secret, written ballot for all positions for which there is more than one candidate.

C. There shall be NO proxy voting for officers and/or directors.

D. Absentee ballots shall be made available by the Secretary to those who request them. Completed ballots must be returned to the Secretary prior to the election in order for those ballots to be counted.

E. A nominating committee shall be appointed by the President, which shall consist of at least three members, to recommend candidates for officership and for the Board of Directors. Written notice of the recommended slate shall be distributed to the general membership at least ten (10) days, but not more than thirty (30) days, prior to the date set for the election.

F. Newly elected officers and members of the Board of Directors shall establish such committees as they deem necessary. Committees may consist of one or more members.

ARTICLE VIII: COMMITTEES

A. The President and the Board of Directors shall establish such committees as they deem necessary. Committees may consist of one or more members.

ARTICLE IX: FINANCES

A. The fiscal year shall coincide with the administrative year, and shall terminate at the following annual election.

B. A proposed budget shall be submitted annually to the general membership for their approval. The full text of said budget shall accompany the notice of the meeting of the general membership, as provided under Article VI, Section C.

C. Checks drawn on any bank account of the Association shall be signed by any of the Association's officers and the Treasurer.

D. Financial reports shall be made by the Treasurer at each meeting of the Board of Directors and of the general membership. Such reports shall be distributed at said meetings.

E. The financial report of the Treasurer shall be audited after its presentation to the general membership at the Annual Meeting by an audit committee composed of two Board Members (neither of whom shall be the Treasurer) as appointed by the President of the Association at the Annual Meeting. The audit committee shall report its findings to the Board of Directors at its next scheduled meeting, which report shall then be reported to the general membership in its next report to the general membership.

ARTICLE X: AMENDMENTS

A. This Constitution may be amended by a two-thirds majority of those voting members present at any meeting of the general membership for which proper notice has been given. The proposed amendment must be submitted in writing to the general membership not less than 10 nor more than 30 days prior to the general meeting at which it is to be voted on.

ARTICLE XI: WAIVER OF NOTICE

A. Whenever any notice is required to be given under the provisions of the Constitution of the By-Laws of the Association, a waiver thereof, in writing, signed by the person entitled to such notice, whether before or after the time stated therein, shall be deemed equivalent to the giving of such notice.

ARTICLE XII: FISCAL YEAR

A. The annual fiscal year of this association shall be September 1 through August 31, of the following year, unless otherwise amended.

ARTICLE XIII: DEFINITIONS

A. Notice of Meeting - Written or printed document stating the place, day and hour of any meeting of members, to be delivered either personally or by mail to each member at the address furnished by him to the Association. Notices addressed by mail shall be deemed delivered when deposited in the United States mail, postage prepaid, or when personally delivered to that address.

B. Proxy - A written document conveyed from one eligible voter to a designated agent, which must contain at least the following information:
I, the undersigned member of the North Wheatland Township Home-owners Association, hereby appoint _____________________ my proxy, to attend and vote on my behalf at the __ annual or __ special meeting of members of the Association, to be held at __________________, on _____________________, or at any continuation thereof, upon the following matters: (1) __ For __ Against
(2) __ On other related business as may properly come before the meeting or any continuation thereof.
(3) __ On any business as may properly come before the meeting or any continuation thereof.
Signature __________________________ Date _________________