~LMCA BY Laws~
Revised 2019
ARTICLE I - NAME & OBJECT
1.1 NAME: This organization shall be known as the Lake Moxie Camp Owners Association, hereafter referred to as LMCA.
1.2 OBJECT: The object of the LMCA shall be to protect and assist in the promotion and maintenance of the scenic beauty of Lake Moxie and its vicinity as a suitable and desirable recreation area for the camp owners and leasees, and to face common problems of those individuals including, but not limited to, road maintenance, taxation, town services, lake levels, drainage and pollution, consistent with the rights of the several riparian owners therein, and to do anything further for the good of Lake Moxie.
ARTICLE II – MEMBERSHIP
2.1 FULL MEMBERS: LMCA membership shall consist of full members and associate members. Full members are limited to those individuals whose names appear on deeds or leases of lots at or around Lake Moxie with one full member per camp lot serving as the official Member of Record.
2.2 ASSOCIATE MEMBERS: Associate members are those individuals who have some affiliation, either financial or by family relation, with a specific camp lot at or around Lake Moxie, All members in good standing including associates shall be eligible to serve on LMCA committees or as officers or members of the Board of Directors and can fully participate in debating issues at general LMCA meetings.
2.3 TRANSFERENCE: The certificate of membership and the rights and privileges of a full member shall not be assignable, except by written proxy, or in connection with the sale or transfer of a lot.
2.4 ADDRESSES: All notices to members shall be mailed to their addresses as recorded on the books of the LMCA, and such mailing shall constitute presumptive evidence of service thereof.
ARTICLE III - BOARD OF DIRECTORS
3.1 SIZE & MAKE UP: There shall be eight members of the Board of Directors. Four of these shall be officers of LMCA, to include the President, Vice President, Secretary and Treasurer. Also, there shall be four full members at large. The term of these Officers shall be two years. Officers, at their discretion, shall set time and day for meetings of the Board of Directors, as agreed by a majority of the Board.
3.2 VACANCIES: If a vacancy occurs on the Board of Directors, the remaining members of the Board shall appoint from the membership a replacement to serve until the next meeting of the LMCA at which a member shall be elected to fill the vacancy. If the Office of President becomes vacant, the Vice President shall become President and the vacancy shall be filled as outlined above.
3.3 DISPUTE RESOLUTION: The board of Directors shall resolve any disputes that an individual member or officer may bring to the attention of the Board of Directors.
3.4 SALARIES: The officers and Directors and members serving on committees shall receive no salary or compensation for services rendered to the LMCA, other than the cost of expenses incurred by the officers or special committee members. Reimbursable costs include, but are not limited to, telephone calls, mailing expenses, and mileage traveled while reviewing the roads to be maintained.
3.5 MEMBERSHIP FEES: It shall be the duty of the Board of Directors to establish and publish a membership fee structure. The fee rates can be implemented immediately by the Board, however, any change in the rates must be approved by a 2/3 majority of the full members at a regular LMCA meeting. Consequently, new monies collected under a changed fee structure cannot be disbursed until the change is approved. The full members shall, by vote, determine monies to be spent on road maintenance, and activities to improve the membership.
3.6 ROAD MAINTENANCE: The road system shall consist of: 1) That section of road along the West Shore, starting from the tar road to the Line Camp (approximately 5.8 miles) and those common access roads leading to driveways, such as that at Caribou Narrows and Three Pines. 2) That section of road on the West side from the Line Camp, South to the last camp. The (LMCA) President shall assume responsibility for execution of the road maintenance. There shall be (2) Road Commissioners to assist the President with maintenance of roads. Camp owners shall vote on the amount of monies to be spent for road maintenance. The Road Commissioners shall decide where to spend that amount without the membership having to vote on each individual proposal.
ARTICLE IV – OFFICERS
4.1 DESIGNATION/TERM: The officers of the LMCA shall be the President, the Vice President, the Secretary, the Treasurer and the Registered Agent. The Registered Agent (Moderator) may also hold another office. The term of office of the LMCA officers shall be two (2) years and election shall be by majority vote. Officers may serve more than two (2) consecutive terms if no one else is elected to take a particular position.
4.2 ELECTION/REMOVAL: At least one month before the election meeting, the President shall appoint a nominating committee of three (3) members, whose duty it will be to nominate the candidates. Additional nominations may be made from the floor by any member of the LMCA at the election meeting. Any officer may be removed from office for cause by majority vote of the members of the LMCA present at regular or special meetings of the LMCA.
4.3 PRESIDENT: The President shall preside at all meetings of the LMCA and Board of Directors and shall appoint such committees as the President shall consider expedient or necessary. The President shall also serve as the Registered Agent (Moderator) unless there is an objection by a full member in good standing of LMCA.
4.4 VICE PRESIDENT: In the absence of the President, the Vice President shall perform the duties of the President, and in the absence of both President and Vice President, the Secretary shall assume the duties of the President. The Vice President shall assist the President and perform such other duties as shall be prescribed by LMCA.
4.5 SECRETARY: Secretary shall keep minutes of all meetings of the LMCA. The Secretary shall distribute all notices for meetings of the LMCA, and shall perform such other duties as may be required by the By-Laws, the President, or the LMCA.
4.6 TREASURER: The Treasurer shall have charge of all receipts and monies of the LMCA, and disburse funds as ordered or authorized by the LMCA. The Treasurer shall keep regular accounts of all receipts and disbursements, submit a record when requested, and give an itemized statement at regular meetings of the LMCA. The Treasurer shall be authorized to expend funds on behalf of the LMCA up to six hundred dollars ($600) per year, without the express approval of the LMCA or majority of the Board of Directors.
4.7 REGISTERED AGENT/MODERATOR: The Moderator supervises the election of officials and presides over the other business of a meeting. The Moderator’s general duty is to see that definitive, plain, and clear action is taken on each article of business.
4.8 CONTRACTS: The President, Vice President, Secretary, and Treasurer shall, on being so directed by the Board of Directors, execute all contracts or other instruments on behalf of the LMCA.
4.9 LIABILITY: The Officers of the LMCA shall not be liable to the members of the LMCA for any mistake of judgement, negligence or otherwise, except for their own individual willful misconduct or exercise of bad faith. All and every member of the LMCA shall indemnify and hold harmless each of the Officers against all contractual liability to others arising out of contracts made by Officers on behalf of the LMCA, unless any such contract shall have been made in bad faith or made contrary to the provisions of the Articles of Incorporation or of these By-Laws. It is also intended that any liability of any member of the LMCA arising out of any contract made by said officers either individually, pursuant to authority provided hereunder, or acting as a group in the form of a Board of Directors, or out of the aforesaid indemnity in favor of said officers, shall be limited to such proportion of the total liability thereunder as his, hers, their or its membership bears to the entire membership of the LMCA.
ARTICLE V - LMCA MEETINGS
5.1 REGULAR MEETINGS: Meetings of the LMCA shall be held on the Saturday before Memorial Day and the Saturday before Labor Day in each year. Notice of the date, time and location of the meeting shall be posted on LMCA website not less than twenty (20) days, nor more than (40) days prior to the date of the meeting.
5.2 SPECIAL MEETINGS: Special meetings of the LMCA members may be called by the majority of the Board of Directors, or upon the written request of twenty-five (25) members to the Board of Directors. Such written requests must be sent to the Secretary of LMCA who must notify the President who must then set the date, time, location, and special meeting agenda. Notice of said meeting shall be handled in the same manner as the notice for a regular meeting. In addition, notice of special meetings shall be mailed or emailed to each member in good standing not less than 20 days nor more than 40 days prior to the date of the meeting. At such a meeting, only business as is specified in the notice of the meeting shall be considered.
5.3 QUORUM: At all meetings of the LMCA, either regular or special, ten percent (10%) of all members in good standing shall constitute a quorum. If a quorum is not present, the presiding officer may adjourn the meeting to a new day and hour which he or she determines. The members present at a duly called or held meeting at which a quorum was once present may continue to do business at the meeting on those items which were included in the notice for that meeting, notwithstanding the withdrawal of enough to leave less than a quorum. However, there shall be no new business introduced unless a quorum is reestablished.
5.4 RULES/AGENDA: The Maine Moderators Rules for the conduct of Town Meetings shall govern the conduct of the LMCA meetings when not in conflict with these By-Laws. At all meetings of the LMCA, the order of business shall be as follows: a) reading of the minutes of immediate prior meeting for information and approval; b) reports of officers; c) reports of committees; d) unfinished business; e) new business; f) reading and approval of minutes of meeting just held, if requested.
5.5 VOTING RIGHTS: Each lot with a full member in good standing shall have one vote, in person or in proxy, at any regular or special meeting of the members. The designation of any proxy shall be made in writing to the Secretary of LMCA and shall be revocable at any time. Any full or associate member in good standing may
serve as proxy for one voting member of LMCA.
ARTICLE VI - AMENDING BY-LAWS
6.1 PROCEDURE: These By-Laws may be amended at a regular or special meeting of the Members by a two thirds (2/3) vote of the membership in good standing, present at the meeting. The notice for the meeting must include on the meeting agenda the intent to amend the By-Laws.
Lake Moxie Camp Owners Association
P.O. Box 361
Litchfield, ME 04350
lakemoxiecampowners.org
Revised 2019
ARTICLE I - NAME & OBJECT
1.1 NAME: This organization shall be known as the Lake Moxie Camp Owners Association, hereafter referred to as LMCA.
1.2 OBJECT: The object of the LMCA shall be to protect and assist in the promotion and maintenance of the scenic beauty of Lake Moxie and its vicinity as a suitable and desirable recreation area for the camp owners and leasees, and to face common problems of those individuals including, but not limited to, road maintenance, taxation, town services, lake levels, drainage and pollution, consistent with the rights of the several riparian owners therein, and to do anything further for the good of Lake Moxie.
ARTICLE II – MEMBERSHIP
2.1 FULL MEMBERS: LMCA membership shall consist of full members and associate members. Full members are limited to those individuals whose names appear on deeds or leases of lots at or around Lake Moxie with one full member per camp lot serving as the official Member of Record.
2.2 ASSOCIATE MEMBERS: Associate members are those individuals who have some affiliation, either financial or by family relation, with a specific camp lot at or around Lake Moxie, All members in good standing including associates shall be eligible to serve on LMCA committees or as officers or members of the Board of Directors and can fully participate in debating issues at general LMCA meetings.
2.3 TRANSFERENCE: The certificate of membership and the rights and privileges of a full member shall not be assignable, except by written proxy, or in connection with the sale or transfer of a lot.
2.4 ADDRESSES: All notices to members shall be mailed to their addresses as recorded on the books of the LMCA, and such mailing shall constitute presumptive evidence of service thereof.
ARTICLE III - BOARD OF DIRECTORS
3.1 SIZE & MAKE UP: There shall be eight members of the Board of Directors. Four of these shall be officers of LMCA, to include the President, Vice President, Secretary and Treasurer. Also, there shall be four full members at large. The term of these Officers shall be two years. Officers, at their discretion, shall set time and day for meetings of the Board of Directors, as agreed by a majority of the Board.
3.2 VACANCIES: If a vacancy occurs on the Board of Directors, the remaining members of the Board shall appoint from the membership a replacement to serve until the next meeting of the LMCA at which a member shall be elected to fill the vacancy. If the Office of President becomes vacant, the Vice President shall become President and the vacancy shall be filled as outlined above.
3.3 DISPUTE RESOLUTION: The board of Directors shall resolve any disputes that an individual member or officer may bring to the attention of the Board of Directors.
3.4 SALARIES: The officers and Directors and members serving on committees shall receive no salary or compensation for services rendered to the LMCA, other than the cost of expenses incurred by the officers or special committee members. Reimbursable costs include, but are not limited to, telephone calls, mailing expenses, and mileage traveled while reviewing the roads to be maintained.
3.5 MEMBERSHIP FEES: It shall be the duty of the Board of Directors to establish and publish a membership fee structure. The fee rates can be implemented immediately by the Board, however, any change in the rates must be approved by a 2/3 majority of the full members at a regular LMCA meeting. Consequently, new monies collected under a changed fee structure cannot be disbursed until the change is approved. The full members shall, by vote, determine monies to be spent on road maintenance, and activities to improve the membership.
3.6 ROAD MAINTENANCE: The road system shall consist of: 1) That section of road along the West Shore, starting from the tar road to the Line Camp (approximately 5.8 miles) and those common access roads leading to driveways, such as that at Caribou Narrows and Three Pines. 2) That section of road on the West side from the Line Camp, South to the last camp. The (LMCA) President shall assume responsibility for execution of the road maintenance. There shall be (2) Road Commissioners to assist the President with maintenance of roads. Camp owners shall vote on the amount of monies to be spent for road maintenance. The Road Commissioners shall decide where to spend that amount without the membership having to vote on each individual proposal.
ARTICLE IV – OFFICERS
4.1 DESIGNATION/TERM: The officers of the LMCA shall be the President, the Vice President, the Secretary, the Treasurer and the Registered Agent. The Registered Agent (Moderator) may also hold another office. The term of office of the LMCA officers shall be two (2) years and election shall be by majority vote. Officers may serve more than two (2) consecutive terms if no one else is elected to take a particular position.
4.2 ELECTION/REMOVAL: At least one month before the election meeting, the President shall appoint a nominating committee of three (3) members, whose duty it will be to nominate the candidates. Additional nominations may be made from the floor by any member of the LMCA at the election meeting. Any officer may be removed from office for cause by majority vote of the members of the LMCA present at regular or special meetings of the LMCA.
4.3 PRESIDENT: The President shall preside at all meetings of the LMCA and Board of Directors and shall appoint such committees as the President shall consider expedient or necessary. The President shall also serve as the Registered Agent (Moderator) unless there is an objection by a full member in good standing of LMCA.
4.4 VICE PRESIDENT: In the absence of the President, the Vice President shall perform the duties of the President, and in the absence of both President and Vice President, the Secretary shall assume the duties of the President. The Vice President shall assist the President and perform such other duties as shall be prescribed by LMCA.
4.5 SECRETARY: Secretary shall keep minutes of all meetings of the LMCA. The Secretary shall distribute all notices for meetings of the LMCA, and shall perform such other duties as may be required by the By-Laws, the President, or the LMCA.
4.6 TREASURER: The Treasurer shall have charge of all receipts and monies of the LMCA, and disburse funds as ordered or authorized by the LMCA. The Treasurer shall keep regular accounts of all receipts and disbursements, submit a record when requested, and give an itemized statement at regular meetings of the LMCA. The Treasurer shall be authorized to expend funds on behalf of the LMCA up to six hundred dollars ($600) per year, without the express approval of the LMCA or majority of the Board of Directors.
4.7 REGISTERED AGENT/MODERATOR: The Moderator supervises the election of officials and presides over the other business of a meeting. The Moderator’s general duty is to see that definitive, plain, and clear action is taken on each article of business.
4.8 CONTRACTS: The President, Vice President, Secretary, and Treasurer shall, on being so directed by the Board of Directors, execute all contracts or other instruments on behalf of the LMCA.
4.9 LIABILITY: The Officers of the LMCA shall not be liable to the members of the LMCA for any mistake of judgement, negligence or otherwise, except for their own individual willful misconduct or exercise of bad faith. All and every member of the LMCA shall indemnify and hold harmless each of the Officers against all contractual liability to others arising out of contracts made by Officers on behalf of the LMCA, unless any such contract shall have been made in bad faith or made contrary to the provisions of the Articles of Incorporation or of these By-Laws. It is also intended that any liability of any member of the LMCA arising out of any contract made by said officers either individually, pursuant to authority provided hereunder, or acting as a group in the form of a Board of Directors, or out of the aforesaid indemnity in favor of said officers, shall be limited to such proportion of the total liability thereunder as his, hers, their or its membership bears to the entire membership of the LMCA.
ARTICLE V - LMCA MEETINGS
5.1 REGULAR MEETINGS: Meetings of the LMCA shall be held on the Saturday before Memorial Day and the Saturday before Labor Day in each year. Notice of the date, time and location of the meeting shall be posted on LMCA website not less than twenty (20) days, nor more than (40) days prior to the date of the meeting.
5.2 SPECIAL MEETINGS: Special meetings of the LMCA members may be called by the majority of the Board of Directors, or upon the written request of twenty-five (25) members to the Board of Directors. Such written requests must be sent to the Secretary of LMCA who must notify the President who must then set the date, time, location, and special meeting agenda. Notice of said meeting shall be handled in the same manner as the notice for a regular meeting. In addition, notice of special meetings shall be mailed or emailed to each member in good standing not less than 20 days nor more than 40 days prior to the date of the meeting. At such a meeting, only business as is specified in the notice of the meeting shall be considered.
5.3 QUORUM: At all meetings of the LMCA, either regular or special, ten percent (10%) of all members in good standing shall constitute a quorum. If a quorum is not present, the presiding officer may adjourn the meeting to a new day and hour which he or she determines. The members present at a duly called or held meeting at which a quorum was once present may continue to do business at the meeting on those items which were included in the notice for that meeting, notwithstanding the withdrawal of enough to leave less than a quorum. However, there shall be no new business introduced unless a quorum is reestablished.
5.4 RULES/AGENDA: The Maine Moderators Rules for the conduct of Town Meetings shall govern the conduct of the LMCA meetings when not in conflict with these By-Laws. At all meetings of the LMCA, the order of business shall be as follows: a) reading of the minutes of immediate prior meeting for information and approval; b) reports of officers; c) reports of committees; d) unfinished business; e) new business; f) reading and approval of minutes of meeting just held, if requested.
5.5 VOTING RIGHTS: Each lot with a full member in good standing shall have one vote, in person or in proxy, at any regular or special meeting of the members. The designation of any proxy shall be made in writing to the Secretary of LMCA and shall be revocable at any time. Any full or associate member in good standing may
serve as proxy for one voting member of LMCA.
ARTICLE VI - AMENDING BY-LAWS
6.1 PROCEDURE: These By-Laws may be amended at a regular or special meeting of the Members by a two thirds (2/3) vote of the membership in good standing, present at the meeting. The notice for the meeting must include on the meeting agenda the intent to amend the By-Laws.
Lake Moxie Camp Owners Association
P.O. Box 361
Litchfield, ME 04350
lakemoxiecampowners.org