BY-LAWS OF THE
MAHOPAC POINT OWNERS ASSOCIATION, INC.
As revised June 8, 2018
Section 1. The government and control of the corporation shall be vested in a Board of nine members total; five directors and four officers, who shall administer the affairs of the corporation in accordance with its charter and these by-laws.
Section 1. All stock certificates previously issued by the corporation are hereby deemed withdrawn and cancelled. In lieu of a stock certificate, each current lot owner (as shown on the amended map of Mahopac Point on file with the Clerk of the County of Putnam), and upon the purchase of a lot, each new lot owner, shall be deemed to be a stockholder of one (1) share of the corporation without the necessity of having a stock certificate issued by the corporation. Upon the sale of a lot by an owner, the selling owner shall be deemed no longer a stockholder and, in the selling owner’s stead, the purchaser shall be deemed a stockholder of the corporation.
MEETING OF STOCKHOLDERS
Section 1. Annual Meeting: The annual meeting of the stockholders of this corporation shall be held on the second Friday in June of each year or such date as set by the Stockholders at the preceding Annual Meeting, at such time and place as may be stated in the notice thereof, for the purpose of electing officers and directors and for the transaction of such other business as may be brought before the meeting.
Section 2. Special Meetings: Special meetings of the stockholders may be held upon the written request of the holders of ten shares of stock in this corporation, which request and also the notice of any special meeting shall state the object for which the meeting is called. A special meeting of the stockholders may also be called by the President or by a quorum of the Board of Directors. Subjects other than the object for which the meeting was called may also be considered. All special meetings shall be held at such time and place as may be stated in the notice thereof.
Section 3. Not later than two weeks before the annual meeting the Board of Directors shall prepare a list of nominations for Officers and Directors for the ensuing year to be voted on at the annual meeting. This list shall be sent to all the stockholders by mail and shall be posted in a public place at Mahopac Point at least seven days before the meeting. A public place to post notice will be: MPOA Website www.mahopacpoint.com.
Nominations may also be made from the floor at the annual meeting.
Section 4. Notice of the Meetings: Notice of all meetings of the corporation shall be mailed at least one week (seven days) prior to the meeting to each stockholder of record, at his address as the same appears on the record of stockholders, in addition to the posting of notice as above required.
Section 5. Voting: In accordance with the law under which this corporation is incorporated each stockholder shall be entitled to as many votes as he or she has shares of capital stock. Such votes may be cast in person or by proxy and all questions except those provided for elsewhere in these by-laws shall be determined by a majority vote. At all elections of officers and directors the voting shall be by ballot, and a majority of votes constitute election.
Section 6. Tellers: At the annual meeting of the corporation the President shall appoint two tellers, who shall act as inspectors of election and determine the validity of proxies and pass upon the qualifications of all persons desiring to vote at such meeting, and count the ballots.
Section 7. Quorum: Holders of twenty-five shares of stock shall constitute a quorum at any regular or special meeting of stockholders.
Section 1. Each lot on Mahopac Point shall be assessed each year by the Board of Directors for such proportionate amount as may be required for the operation, care, maintenance, and improvement of the utilities, roads and services incident to the association of neighbors on Mahopac Point excepting there from water supply, services, and any other functions related to or involving the provision of potable or non-potable water to the homes on Mahopac Point.
Section 2. Bills for assessments shall be rendered on January 1 of each year to each owner of each lot. Such bills shall be paid no later than March 31 of each year. In the event of non-payment, the Board of Directors may order the suspension or discontinuance of service to the delinquent owner until such assessment has been paid. In the event a homeowner fails to pay a yearly homeowner assessment, or any other assessment within 30 days of its due date, said homeowner shall be responsible for reasonable legal fees incurred in the collection of such assessments.
Section 3. In the event of non-payment of an assessment by the owner of a vacant lot the corporation shall withhold approval of any improvement thereon until the arrears shall have been paid.
Section 4. Special assessments, in addition to the annual assessment, may be voted by the stockholders, or by the Board of Directors in case of emergency. Such special assessment shall be for a specific purpose, but funds remaining unused after the object of the special assessment has been accomplished, may be used for other purposes. Special assessments apply to both vacant and improved lots.
BOARD OF DIRECTORS
Section 1. Number and Term of Office: There shall be a board of five directors, each member of which shall serve for the term of three years, and until his or her successor shall have been elected. The four officers of the corporation are also members of the board during their terms of office. The term of office of three members of the Board of Directors shall expire at each annual meeting of the stockholders at which meeting their successors shall be elected. If any officer or director shall be absent from three regular meetings of said Board of Directors during any one year, without satisfactory excuse, the Board shall declare such office vacant. Board Members must be in good standing and not in violation of the by-laws and deed restrictions. If the violation is not cured after the first warning the member will be removed from service on the board.
Section 2. Vacancies: In case of any vacancy among the officers or directors through death, resignation, or other cause, the remaining directors at the next regular meeting shall elect a successor to hold office until the next annual meeting of the corporation, when the vacancy shall be filled by vote of the stockholders.
Section 3. Meetings: The president or acting president shall set the schedule of monthly meetings for the board of directors at a time and place convenient to the officers and directors. This schedule will be communicated not less than one week in advance. Special meetings shall be held whenever called by the President or by a majority of the Board of Directors at such time and place as may be stated in the call. The Secretary shall give notice of each special meeting communicating the same to each officer and director at least five days before the day of such meeting,
Section 4. Quorum: A quorum shall consist of five officers and directors. If less than a quorum is present, those present may adjourn the meeting from time to time. The Secretary shall give the usual notice of such adjourned meetings.
Section 5. Order of Business: The order of business shall be as follows (a quorum being present):
- Roll Call
- Reading of the Previous Meeting
- Reports of Officers
- Reports of Committees
- Old or Unfinished Business
- New Business
- General Discussion.
Section 1. Standing Committees: There shall be the following standing committees, each consist of a chairman who shall be a member of the Board of Directors or an officer of the corporation and at least two other stockholders who shall be appointed by the President at the first meeting of the Board of Directors after the annual meeting of the stockholders:
- Roads and Traffic
- Finance and Audit
- Docks and Trails
- Civic Welfare
- Violations, Grievance, and Arbitration.
The President, Treasurer, and Secretary of the corporation shall be members of all standing committees. Board of Directors may dispense with any of the foregoing committees or authorize the President to appoint such other committees as the affairs of the corporation require.
COMMITTEE ON ROADS AND TRAFFIC
Section 1. It shall be the duty and function of this committee to maintain the roads, drains, culverts, and means of access to all lots and property on Mahopac Point, regulate traffic and parking, and provide directional signs, white lines, road names, etc.
Section 2. The roads of Mahopac Point are the property of Mahopac Point Owners' Association, Inc. In order to maintain, assert, and serve notice of such ownership to whom it may concern, the Committee on Roads and Traffic will close the roads of Mahopac Point to public use on one day during each year, such day to be determined by the Committee, from 12:01 a.m. to 11:59 p.m. During this period, only residents of Mahopac Point and those licensed by them, either express or implied, shall be permitted to enter upon the roads. Provided, that nothing herein, contained shall prohibit or prevent fire apparatus, police, ambulance, or other emergency men or vehicles from entering upon the roads in the performance of their duties at any time.
COMMITTEE ON FINANCE AND AUDIT
It shall be the duty and function of this committee to supervise the work of the Treasurer, to audit the Treasurer's books and report on same to the Stockholders at the annual meeting, to prepare a budget of proposed expenditures for the ensuing year, and to perform such other duties as may be assigned to it by the President or the Board of Directors.
COMMITTEE ON CIVIC WELFARE
It shall be the duty of this committee to maintain liaison with the authorities of the Town of Carmel and the County of Putnam on matters of public interest such as Taxation, School, Zoning, Police, Town Ordinances, and all other matters of concern to Mahopac Point requiring contact with local, county, state or federal authorities; to represent Mahopac Point at public hearings affecting or of interest to the owners; to be in touch with other civic groups and associations dedicated to the welfare of the community; to perform such other duties as may be assigned to it by the President or the Board of Directors.
COMMITTEE ON DOCKS AND TRAILS
It shall be the duty and function of this committee to keep the docks and the trails leading to them in repair, and to make the necessary changes or improvements from time to time; to prepare regulations regarding the use of the docks for bathing and the mooring of boats, and to see that these existing regulations are enforced.
COMMITTEE ON VIOLATIONS, GRIEVANCE & ARBITRATION
It shall be the duty and function of this committee (a) to investigate apparent violations of deed restrictions, zoning, or sanitary laws or regulations, or other apparent violations of laws, rules, or regulations, and report on same to the Board of Directors: (b) to arbitrate disputes between neighbors on Mahopac Point, when authorized to do so by the President or by the Board of Directors, with the consent of the disputants.
It shall be the duty and function of this committee to deliver a welcome package to all new homeowners, to keep the welcome package current, to update the directory periodically, to share any change of addresses with the finance and audit committee and to do any other functions that would support a community feeling.
It shall be the duty and function of this committee to arrange for landscaping and related maintenance on the common properties of Mahopac Point, and to perform such other duties as may be assigned to it by the President or the Board of Directors.
Section 1. The officers of the corporation shall consist of a President, a Vice President, a Secretary, and a Treasurer, and such other officers as shall be provided for by the stockholders of the corporation. Such officers shall attend all meetings of the Board of Directors and vote thereat on all questions. A stockholder must first serve on the Board of Directors for 2 years to become eligible to serve as an officer.
Section 2. Terms of Office: The officers shall be elected at each annual meeting of the stockholders and shall hold office for one year and until their successors shall have been duly elected. In case of any vacancy among the officers through death, resignation or other cause, the directors shall elect a successor to hold office until the next annual meeting of the corporation.
Section 3. Powers and Duties of the President: The President shall preside at all meetings of the Board of Directors and of stockholders of the corporation, and by virtue of his office shall be a member of each of the standing committees. He shall each year submit to the stockholders at their annual meeting a general report of the affairs of the corporation. He shall also do and perform such other duties as may be assigned to him by the Board of Directors.
Section 4. Powers and Duties of the Vice Presidents: In the absence or disability of the President, the Vice Presidents, in their order, shall act in his stead and shall do and perform such other duties as may be assigned to them by the Board of Directors.
Section 5. Powers and Duties of Secretary: The Secretary shall keep the minutes of the meetings of the Board of Directors and the Stockholders, and shall attend to the giving and serving of all notices. He shall conduct the correspondence of the corporation; shall have charge of all books, documents, and papers properly belonging to his office; and shall do and perform such other duties as may be assigned to him by the Board of Directors.
Section 6. Powers and Duties of the Treasurer: The Treasurer shall act as the financial agent of the corporation for the receipt, custody, and disbursement of funds. He shall safely keep and account for all moneys and funds that shall come into his hands and shall deposit the same to the credit of the corporation in such bank or banks as the Board of Directors may designate. He shall keep books of account recording all receipts and disbursements of money, all values of property, all assessments made and chargeable to stockholders, and such other records of the affairs of the corporation as may be necessary at all times to exhibit promptly the true state of affairs of the corporation and the results of its transactions as a corporation within its powers as contemplated and provided in its charter. He shall report on all the affairs and transactions so recorded in such books of account at each regular meeting of the Board of Directors and shall also present to the annual meeting of stockholders a report in writing stating his receipts and disbursements during the fiscal year, all revenues and assessments charged, accrued, or received during the year, all disbursements and expenses paid and accrued during the year and a statement of the remaining assets and liabilities at the end of each fiscal year as shown in such books of account as herein provided, which statement shall first be approved by the Committee on Finance and Audit. He shall do and perform such other duties as may be assigned to him by the Board of Directors or the Committee on Finance and Audit.
CHECKS, NOTES, AND BONDS
Section 1. Checks: Funds of this corporation deposited to the credit of the corporation shall be drawn from such banks by check bearing the signature of the Treasurer and any one of the following officers, the President or a Vice President.
Section 2. Notes, bonds or other evidence of indebtedness given by the corporation shall be valid only when bearing the signature of the Treasurer and the President or a Vice President and then only upon the specific and duly recorded order of the Board of Directors.
The seal of this corporation shall consist of a disc with the words "Incorporated 1923" in the center thereof and the words "Mahopac Point Owners' Association, Inc." encircling the edge thereof.
The fiscal year of this corporation shall begin on the first day of January and end on the last day of December in each year.
These by-laws may be amended or repealed at any annual or special meeting of the corporation at which at least fifty per centum of the outstanding shares of stock are represented by the stockholders present in person or by proxy, by an affirmative vote of two-thirds of said shares so represented at such meeting. Notice of proposed amendments shall be filed with the Secretary at least two weeks prior to the date of the meeting of the corporation at which it is proposed to consider them and the notice of said meeting mailed to stockholders shall also include a draft of the proposed amendments.
ABSTRACT OF ORIGINAL DEED RESTRICTIONS
- Prohibitive use of property for anything except a dwelling or for any purpose which might constitute a nuisance.
- Prohibiting sale of liquor on the property.
- Prohibiting erection of a house with a flat roof or a two-family house or apartment house (see Sections B and C below).
- Prohibiting erection of any fence within fifty feet of the street line, except stone, hedges, or shrubbery, no solid board fence permitted anywhere.
- Prohibiting signs of any kind on the property.
- Requiring submission of plans of contemplated houses and out-buildings, including radical or noticeable changes is existing construction and locations.
ADDITIONAL REGULATIONS ADOPTED AUGUST 25, 1945
A: No building shall be erected on a plot being in dimensions less than one (1) lot as outlined and separately numbered on the Map of Mahopac Point above referred to or, where original lot lines have been changed, on a plot which is less than seventy-five hundred (7,500) square feet in area. This provision shall not prohibit the erection and maintenance of accessory buildings such as a garage and/or boathouse.
B: No buildings shall be erected which shall have a flat roof, or upon a temporary foundation, or be of a design and character which is not in harmony with the surrounding buildings, other than accessory buildings, or substantial modification of the exterior of any existing building, shall be submitted to the Association for approval. But such approval may not be withheld by the Association unless the proposed structure violates the provisions of existing restrictions or provisions of this agreement.
C: No building shall be erected as, or used for any purpose, other than a one-family, detached dwelling. A family shall be deemed to be any number of individuals living or cooking together, as a single housekeeping unit. A furnished rooming house, boarding house or tourist house shall not be deemed to be a single-unit under this definition, and is deemed to be a business enterprise and not permissible under the provisions of this agreement and existing restrictive provisions.
D: No wash poles or wash lines of any type shall be erected or maintained for drying laundry other than portable laundry dryers.
E: No "For Sale" sign shall be placed or exposed on the premises.
F: No birds, fowl, or animals shall be kept or maintained on the outside of any dwelling, except that dogs may be housed in suitable kennels conformed architecturally to the dwelling to which they are adjuncts.
G: No garbage or debris shall be placed beyond one (1) foot of the front wall of any building, facing the road on which such building fronts, except on garbage collection days. All garbage or debris shall be kept in secure, closed, receptacles, free from gaze and sight of the public.
ADDITIONAL REGULATIONS ADOPTED JUNE 29, 1984 AND JUNE 2008
H: Boats and trailers shall not be kept on Mahopac Point roadways or roadsides.
I: Only registered motor vehicles driven by licensed drivers are permitted on Mahopac Point.
J: No unregistered motor vehicles of any kind are permitted on Mahopac Point roadways. Any unregistered vehicle left on Mahopac Point roadways for more than 7 days will be towed at the owner’s expense.
K: All MPOA residents and their guests must act in accordance with the Town of Carmel General Code found in Section 70 – 7 Prohibitions regarding pets. This includes but is not limited to:
- Pets must be carried or on a leash when on the MPOA common grounds.
- Residents and their guests must pick up and dispose of all pet litter from MPOA common grounds immediately.
L: The homeowner will be financially responsible for any damage the tenants cause to MPOA property.
M: Debris and property left on the street by homeowners will be the responsibility of the homeowner to remove within a reasonable timeframe.
N: Speed limit on Mahopac Point is 15mph and all road signs will be followed.
O: New constructions, renovations, and remodeling, for which approval and permitting by the town of Carmel is required. Such permits shall also be a requirement of the MPOA.
ADDITIONAL REGULATION ADOPTED JUNE 9, 2006
Article XI abstract of original Deed Restrictions number 4: An exception to this is where a danger of severe injury such as a drop off more than three feet or a valid safety concern. Such fence will require approval of the board and meet specifications of no higher than four feet and cannot be a solid board fence.