Bylaws & Constitution

Article 1:  Name and Purpose

Section 1:  The name of this organization shall be: the Piseco Lake Association

Section 2:  The general purpose of the Piseco Lake Association (hereinafter referred to as the Association) is to represent its members in civic and community affairs of interest to the owners and residents of property on and around Piseco Lake as well as individuals who have an interest in the welfare and improvement of the Lake.

Section 3:  The functions of the Association will be:

a) To secure united action in the protection of the property and the property rights of its members and to collect and disburse funds for such purpose.

b) To preserve and enhance the quality of the waters of Piseco Lake and adjoining waters.

c) To advocate laws, policies, and regulations which improve the ecology of the area and protect and enhance its resources and natural beauty.

d) To recommend to the State Legislature and to the governing bodies of the several political subdivisions of the State, suggestions for the legislation to further the purposes of this corporation as set forth in its certificate and constitution.

e) To represent its members in all matters of common interest before the State Legislature, Town of Arietta, Hamilton County, and all other entities with which its member may be concerned.

f) To promote, organize, and advance social gatherings and to insure the organized support of activities for the pleasure and recreation of the members thereof.

g) To provide information and support programs of interest to the membership.

Section 4:  The Registered Address of the Association will be:

Piseco Lake Association
P.O. Box 84
Piseco, NY 12139

  Article 2:  Membership

Section 1:  Membership:  The members shall be property owners and/or individuals who maintain a residence on or near Piseco Lake, N.Y., Town of Arietta, County of Hamilton as well as those who have an interest in the welfare and improvement of the Lake and who subscribe to the purposes of the Association.

Section 2:  Annual Dues:  Members are responsible for keeping their annual dues current.  Dues will be payable each calendar year and will be solicited by mail, e-mail and/or collected at the Annual Meeting in an amount set by the Board, and ratified by the members at the Annual meeting.

Section 3:  Membership classes:  Membership class is Individual. 


Article 3:  Officers, Trustees and their Selection

Section 1:  Initial Slate of Officers:  The initial slate of Officers and Trustees of the Association shall be volunteers and will serve on an interim basis until a formal election can take place.  Upon election, the officers and fifty percent of the Trustees shall serve a two year term, the remaining Trustees shall serve a one year term. 

Section 2:  Election of Officers and Trustees:  The Officers shall be the President, Vice President, Secretary and Treasurer.  The Officers and Trustees, who shall be property owners or residents on or near Piseco Lake in the Town of Arietta, will serve two (2) year terms concurrent with the calendar year.  A nominating committee, appointed by the President, in odd numbered years, will advance a recommended slate of Officers and Trustees at the July meeting of the Association.  Nominations from the floor will also be accepted at that meeting.  The Election will be held at the Annual meeting of that same year and will be based upon the majority vote of those present. 

Section 3:  Board of Directors:  There shall be a minimum of seven (7) and a maximum of eleven (11) Trustees with the intention of being representative of the various areas surrounding Piseco Lake.  The Officers and Trustees shall constitute the Board of Directors (hereinafter referred to as the Board.) Trustees may exceed eleven (11) in number at the recommendation of the President and a majority of the Board.  The nominees for these positions will be approved by a majority vote of the members present at the Annual meeting or at a Special meeting called for this purpose.

Section 4:  Vacancies:  A vacancy in any office may be filled by the President.  Officers appointed by the President will serve until the next regularly scheduled election.

Section 5:  Resignations:  Any officer or Trustee may resign at any time by delivering a written resignation to the President. 

Section 6:  Suspension or Removal:  The suspension or removal of Board members shall require two-thirds (2/3) vote of the Board and shall be based upon violation of the By-Laws, or for other causes prejudicial to the best Interests of the Association.


Article 4:  Duties and Powers of the Officers
 

Section 1:  President:  The President will be the chief executive officer of the Association and shall preside at all meetings of the members and the Board.  The President, in addition, will perform such other duties as noted elsewhere in these bylaws.

Section 2:  Vice President:  The Vice President, in the absence of the President will preside at meetings of the membership and will carry out all other Presidential responsibilities if the President is unable or unavailable to do so.  

Section 3:  Secretary:  The Secretary shall keep the minutes of all meetings of the members and of the Board and shall perform like duties for any appointed committees when required.  The Secretary will also be responsible for ensuring proper notice is given of the meetings of the membership.  In addition, the Secretary will be responsible for keeping current the US Postal mailing and e-mail addresses of members.

Section 4:  Treasurer:  The Treasurer shall have custody of the funds of the Association and keep full and accurate accounts of receipts and disbursements in the books of the Association.  The Treasurer is authorized to sign the checks as well as authorize electronic payments from the accounts of the Association.  The Treasurer will also provide reports of all financial transactions and conditions at all regularly scheduled membership meetings.   In the absence of the Treasurer, the President is authorized to sign checks or otherwise approve disbursements from the Association’s accounts.


Article 5:  Meetings
 

Section 1:  Association Meetings:  Meetings will be held during the months of July and August of each year with the August meeting being designated as the Annual meeting.  Other meetings may be called as necessary by the President of the organization.

Section 2:  Notice of Association Meetings:  Notification of Association meetings shall be posted at the Piseco Post Office, The Bulletin Board at the Piseco Community Center as well as on bulletin boards located in the private parks and NYS DEC Campsites on Piseco Lake.  E-mail notification of the meetings will be sent to all members who provide an e-mail address. 

Section 3:  Board Meetings:  Board Meetings will be held at a time and place designated by the President. At least ten days notice will be given by the Secretary for regular Board meetings.  Special Board Meetings may be held upon the request of the President or 25% or more of the Board members.  At least five days notice will be given by the Secretary for special Board Meetings.  A minimum of two regular Board Meetings will be held each summer.  A majority of Board members shall constitute a quorum at any regular or special meeting.  Any action normally taken at a meeting may be taken without a meeting if consent in writing or by e-mail is made by a majority of the Board.  Emergency meetings may be called with a one day notice by the Secretary

Section 4:  Special Meetings:  Special meetings shall be called to consider specific subjects and/or issues.  No business other than that specified in the notification for the Special meeting shall be discussed and/or transacted at said Special meeting.

Section 5:  Quorum:  A quorum shall be not less than 25 (twenty-five) votes or ten percent (10%) of the members of the Association in good standing, which ever is the lesser, as certified by the Secretary of the Association, plus one half of all the Board members.  A quorum shall be required for the Annual meeting and any Special meeting in order for the meeting to be called to order and for business to be transacted. 

Section 6:  Voting:  Each Individual Member in good standing, whose dues are current as certified by the Secretary of the Association, shall be entitled to one (1) vote.

Section 7:  Voting by Proxy:  In the event that any member cannot attend a specific meeting, the member may appoint a person as a proxy, provided that such proxy shall specify the meeting for which the proxy is given, for all votes to be taken at such meeting: and /or that such proxy may be given only as to specific resolutions of matters other than routine business matters to be voted upon at such meeting.  The member shall submit his or her proxy in writing to the Secretary at least twenty-four (24) hours prior to such meeting and in a form and with notice as approved by the Board


Article 6:  Committees
 

Section 1:  Communications Committee:  The Communications Committee shall be responsible for the various forms of communication, such as letter, brochures, newsletters, the Internet, and e-mail to keep the membership informed of Association issues, concerns, programs, and finances, and shall make recommendations to the Board as to Association positions in such matters. 

Section 2:  Environmental Affairs Committee:  The Environmental Affairs Committee shall be responsible for all issues with regard to the ecology of the lake and watershed quality, and including issues before the Department of Environmental Conservation(DEC), the Adirondack Park Agency(APA), as they relate to the environmental concerns of the Association.

Section 3:  Membership Committee:  The Committee shall be responsible to develop and strengthen the membership of the Association, assist in the collection of annual membership dues, maintain a current listing of names and addresses of members, and other pertinent information and shall make recommendations to the Board as to Association positions in such matters.

Section 4:  Ad Hoc Committees:  From time-to time the Board may create committees to deal with issues faced by the Association or to further promote the goals and mission of the Association.  Creation of a Committee may be at the request of any member or Officer; however, only the Board, by majority vote, may actually create and/or approve a Committee.

Section 5:  Committee Members:  Whenever a Committee is created, members of said Committee shall be approved by and serve at the pleasure of the Board.

Section 6:  Funding:  If a Committee requires funding to carry-out its purpose or objectives, said funding must be requested from the Board.  Funding will be approved by a majority vote of the Board and the Board may request production of estimates, receipts, or other documentation prior to approving funding.

Section 7:  Committee Records:  Committee members must keep records of all funds received and disbursed in connection with the conduct of its business and must present same to the Treasurer on a schedule and with such frequency as designated by the Board.  The Treasurer has the right to demand an accounting from the Committee at any time and said accounting must be provided as soon as practicable.


Article 7:  Rules of Order – Parliamentary Authority

Section 1:  The Association shall abide by all local, state, and federal laws; the adopted special rules of order of the Association; and by the adopted parliamentary authority.

Section 2:  Parliamentary Authority:  The rules contained in the current edition of Robert's Rules shall govern the Association in all cases to which they are applicable and in which they are not inconsistent with these by-laws and any special rules of order the Association may adopt.


 Article 8:  Amendments 

Section 1:  Amendments:  This Constitution and by-laws may be amended, repealed, or altered in whole or in part by a two-thirds (2/3rds) majority vote of Association members present at the Annual meeting, provided a quorum is present.  Any proposed changes, amendments, or alterations must be distributed, in writing, to the members at least ten (10) days prior to the date of the Annual meeting.

Section 2:  Review:  The By-laws of the Association shall be reviewed by the Board at least once every five (5) years.


Article 9:  Fiscal Matters

Section 1:  Fiscal Year:  The Fiscal Year shall begin on the first day in January and end on the last day of December in each year. 

Section 2:  Expenditure of Association Funds:  The Board is authorized to expend funds for the purpose of operating and attaining the objectives of the Association.  Such expenditures shall include retaining expert consultants such as, but not limited to, accountants, legal counsel, environmental analysts, engineers, and members of other pertinent professions; securing the appropriate liability insurance coverage for the Association and its Board members; contracting for design, printing and distribution of informational materials; paying for liaison and other administrative services; obtaining assistance in handling the receipts and payments of the Association; and undertaking all other lawful matters for the fulfillment of the purposes of the Association.  The Board shall assure that the administrative expenses of the Association are paid.  No part of the net earnings of the Association shall inure to the benefit of any member, Board member or individual.

Section 3:  Contributions and Funds:  The Board is authorized to accept or reject contributions subject to guidelines set by a resolution adopted by the Board.  The Board may establish an account or accounts as necessary for the efficient and proper administration of such contributions and shall have the authority to develop and implement an investment policy for such funds to produce income and capital appreciation which is consistent with the needs for current operations.

Section 4:  Spending Limit:  The President is authorized to allocate additional funds for requests not to exceed Five Hundred Dollars ($500.00) above any budgeted expense, or an authorized expenditure pursuant to Article 6 (Committees), Section 6 (Funding) as outlined above.  Requests for the expenditure of monies exceeding Five Hundred Dollars ($500.00) over the budgeted expense, or an authorized expenditure pursuant to Article 6 (Committees), Section 6 (Funding), shall require the approval by vote of the full Board.  In the absence of both the President and the Treasurer, the Vice-President may sign checks or authorize disbursements of amounts of no more than Five Hundred Dollars ($500.00) as prescribed above. 


Article 10:  Distribution of Assets upon Dissolution 

Section 1:  Distribution of Assets:  Upon the dissolution of the Association, after paying or adequately providing for the debts and obligations of the Association, the remaining assets from its membership dues fund shall be distributed to a nonprofit fund, foundation, or corporation which is organized and operated exclusively for the charitable, educational, religious and/or scientific purposes and which has established its tax-exempt status under Section 501 (c)(3) of the Internal Revenue Code.  Funds raised for special Association purposes and deposited into accounts specific to those purposes, if less than $1,000.00 shall also be distributed to a 501 (c)(3) organization.  Otherwise, members may choose to be reimbursed proportional to the record of their contributions or have the remaining funds distributed to a nonprofit fund, foundation or corporation as described above.


Article 11:  Annual Report

Section 1:  Annual Report:  There shall annually be published in such form as the Board may direct, a Report of its Proceedings of the preceding year, which Report shall state the aggregate contributions and dues, disbursements made pursuant to the direction of the Board and the purpose(s) for which such disbursements were made, and information on the affairs and finances of the Association.