Amended By-Laws of the LAKE GORHAM ASSOCIATION
Amended on May 19, 2024 (Date of 2023 Annual Meeting)
Dunbarton, New Hampshire
I. NAME:
The Lake Gorham Association
II. PLACE OF BUSINESS:
Dunbarton, New Hampshire
III. PURPOSE:
To protect and maintain Beach #1 located at the end of Gorham Drive, Beach #2 located on Holiday Shore Drive, the Playground located on Holiday Shore Drive and to protect the interests of all of the property owners of the Lake Gorham Association.
IV. MEMBERSHIP:
Memberships are open to everyone within the Holiday Haven Acres plot plan of Dunbarton, New Hampshire.
V. VOTING:
The members of the Association are entitled to one (1) vote per property owner.
VI. ASSESSMENTS:
The Association, through its Executive Board and Board of Directors has the power to levy and collect assessments against each property owner in order to provide the necessary funds for proper operation and management of the LGA, including both regular assessments for each owner’s share of the common expenses and special assessments for unusual, non-recurring or non-budgeted common expenses.
1. Common Expenses – common expenses include all expenses of the operation, maintenance, repair or replacement of the common elements and Association property.
2. Share of Common Expenses – the common expenses of the LGA shall be borne and paid equally by each of the property owners.
3. Ownership – assessments collected on behalf of the Association become the property of the Association; no owner has the right to withdraw or receive distribution of the assessments.
4. Who is Liable for Assessments – the property owner is liable for all assessments due while he/she is the owner. Multiple owners are jointly and severally liable.
5. No Waiver or Excuse from Payment – the liability for assessments may not be avoided or abated by waiver of the use or enjoyment of any common elements, by abandonment of the property for which the assessments are made, or by interruption in the availability of the property or the common elements for any reason whatsoever.
6. Application of Payments, Late Fee – assessments paid on or before July 4 of the current summer season will not bear a late fee. Assessments thereon shall become overdue, and each owner shall become liable for said assessments. Dues paid after July 4 will be subject to a $5.00 late fee. No payment by check is deemed received until the check has cleared.
VII. MAINTENANCE
Responsibility for the maintenance, repair and replacement of LGA property and restrictions on its alteration and improvements shall be as follows:
1. Association Maintenance – the maintenance, repair and replacement of all common elements and Association property shall be performed by the Association, and the cost is a common expense.
2. Alterations and Additions to Common Elements and Land – the protection, maintenance, repair, and replacement of the common elements is the responsibility of the Association and the cost is a common expense. The Association shall make no material alteration or additions to the common elements or land costing more than $1500 in the current fiscal year without prior approval of at least 75% of the voting interests present in person at a meeting called for the purpose. Any alterations or additions costing under $1500 may be made with Board approval.
3. Negligence; Damage Caused – each owner shall be liable to the Association for the expenses of any maintenance, repair or replacement made necessary to any common element by his/her act or negligence, or by that of any member of his family or his guest, employees, agents, or lessees.
VIII. USE RECTRICTIONS
Use of Association property and common elements shall be in accordance with the LGA Rules and Regulations and Code of Conduct established by majority vote at the May 27, 2001 meeting.
IX. BOARD OF DIRECTORS:
There will be nine (9) Directors who shall be elected by a ballot of the members of the Association at the Annual Meeting.
Three Directors will be elected for a three (3) year term.
Three Directors will be elected for a two (2) year term.
Three Directors will be elected for a one (1) year term.
When a Director ceases to be a member of the Association, the office shall therefore become vacant.
X. OFFICERS (EXECUTIVE COMMITTEE):
There will be four (4) Officers constituting the Executive Committee; namely, the President, Vice President, Secretary and Treasurer who will be elected for a two (2) year term.
When an officer ceases to be a member of the Association his/her office shall thereupon become vacant.
The Vice President may exercise the powers and discharge the duties of the President during his absence or inability to act. He may have such powers and discharge such duties as may be from time to time conferred or imposed upon him by the Board or by the President.
All checks must be signed jointly by the President and the Treasurer.
XI. INDEMNIFICATION:
To the fullest extent permitted by New Hampshire law, the Association shall indemnify and hold harmless every Director and every Officer of the Association against all expenses and liabilities, including attorney’s fees, actually and reasonable incurred by or imposed on him/her in connection with any legal proceeding (or settlement or appeal of such proceeding) to which he/she may be a party because of his/her being or having been a Director of Officer of the Association. The foregoing right of indemnification shall not be available if a judgment or other final adjudication establishes that his/her actions or omissions to act were material to the cause adjudicated and involved;
(1) Willful misconduct or a conscious disregard for the best interests of the Association
(2) A violation of criminal law, unless the Director or Officer had no reasonable cause to believe his action was unlawful or had reasonable cause to believe his action was lawful.
(3) A transaction from which the Director of Officer derived an improper personal benefit.
XII. COMMITTEES:
There shall be four (4) committees of 5 or more people on each Committee and the Committee members will be appointed by the President.
(1) Beach Committee
(2) Playground Committee
(3) Grievance Committee
(4) Membership Committee
The Board and the President may create and at any time change the membership of or terminate the committees and delegate powers to such committees necessitating the performance of their duties.
XIII. RESIGNATIONS & VACANCIES:
Any member of the Board of Directors may resign his office by giving written notice to the Secretary. Upon the acceptance of his/her resignation by the board, his/her office shall be vacant. Vacancies in the Board, however occurring, may be filled by the Board.
An Officer of the Association may resign his/her office by giving written notice to the Secretary. Vacancies of Officers may be filled by the President until the next election of Officers by the Association.
Any member of a Committee may resign his/her office by giving written notice to the Secretary. Upon acceptance of his/her resignation, the President may appoint a new committee member.
XIV. ANNUAL MEETING:
The annual meeting will be held on the third Sunday of July each year. Special meetings of the Association shall be held at such times as may be specified in the notice of such meetings, and shall be called by the Secretary upon notification by the President. In the event of his/her absence or inability to act, meetings shall be called by such persons as the Board and President shall appoint.
The Lake Gorham Association will hold four (4) meetings per year:
(1) The Third Sunday in May.
(2) The Fourth Sunday in June.
(3) The Third Sunday in July (the Annual Meeting).
(4) The Third Sunday in August..
During the annual meeting, elections for the Officers and Board of Directors will take place when needed.
The Board of Directors and Executive Committee will hold four (4) meetings per year, preceding the general meeting. The Board of Directors meeting will take place at 12:30 p.m. and the general meeting will begin at 1:00 p.m. at the playground.
XV. QUORUM:
At all general meetings of the Association eleven (11) paid members will constitute a quorum. One member from each family may cast a vote.
At the combined meetings of the Directors and the Executive Committee, which consists of thirteen (13) members, seven (7) will constitute a quorum.
XVI. AMENDMENTS OF THE BY-LAWS:
These by-laws may be amended, altered or repealed in whole or in part, and new by-laws may be adopted at any annual or special meeting of the Association by vote in favor or such action of not less than two-thirds (2/3) of the members present.