October 2001
This organization, established in 1906 and chartered in 1912 as "The
Neighborhood Club" and thereafter known as The Neighborhood Club of Bala
Cynwyd, hereby adopts the following By Laws:
ARTICLE I - MEMBERSHIP
- Mission Statement and Objective. The mission of The
Neighborhood Club is the promotion of good fellowship, the mutual welfare of
its members and the conservation of local interests, the promotion of civic
welfare and to make still more binding the friendly feeling of the Community
(From the 1912 Neighborhood Club Directory). The primary objective of The
Neighborhood Club is the preservation of the residential character of Bala
Cynwyd. (1992)
- General Membership. The membership of The Neighborhood Club (hereinafter "Club") shall consist of individuals, households and businesses which are residents of the area defined on Exhibit"A" attached hereto and who pay the annual dues required by these By Laws. Individual members must be at least eighteen (18) years of age. Each individual, household or business which pays the annual dues shall be entitled to one vote. Any member may be suspended or expelled by a two thirds vote of the entire membership of the Board of Directors for any act or conduct which the Board deems injurious to the interests, or hostile to the objectives of, the Club and finds the member guilty of same, provided that one (1) month's previous notice in writing has been given the member, together with a copy of the charges, and the opportunity afforded for a hearing before the Board of Directors of the Club, if the member so desires. (1985, amended 1992)
- Honorary Membership. The honorary membership of the
Club shall consist of such persons as the Board of Directors may elect. They
shall be entitled to all the privileges of the Club except holding office and
voting, and they shall not be required to pay dues. (1985)
- Dues The annual dues shall be fixed by the Board of
Directors, provided, however, that notice in writing must be mailed to the
membership at least one (1) month prior to the effective date of any increase.
The Club's fiscal year shall commence on January 1st. (1985)
ARTICLE II - GENERAL MEMBERSHIP MEETINGS
- Regular and Annual Meetings. There shall be as many
meetings of the members of the Club as the Board of Directors may deem
desirable and necessary to fulfill the purposes of the Club, but there shall be
at least one (1) meeting of the general membership of the Club each year, which
shall be the Annual Meeting in the fourth quarter of each calendar year on a
date to be fixed by the Board of Directors. Notice of the time and place of all
general membership meetings shall be mailed at least five (5) days prior
thereto to all members who have paid the annual dues, except that the notice of
the Annual Meeting shall be given at least ten (10) days prior thereto to all
members who have paid the annual dues. (1985, amended 1992)
- Annual Meeting Agenda. The business at each Annual
Meeting shall include:
- The reading of the minutes of the last general meeting and of any special meeting held subsequent thereto.
- Report of the President.
- Report of the Treasurer.
- Report of the Standing Committees.
- Report of the Special Committees.
- Election of Officers and Directors.
- New Business. (1985)
- Special Meetings. The President or five (5) members
of the Board of Directors may call a special meeting of the members at any
time, and upon the request in writing of fifty (50) members, the President
shall convene a special meeting. This request, and any notice of special
meetings, shall state the object for which the meeting is called, and at the
special meeting no subject not so stated shall be considered. Notice of any
special meeting shall be mailed at least five days prior thereto to all members
who have paid the annual dues. (1985, amended 1992).
- Quorum. Twenty (20) members present shall constitute a quorum at all meetings of the members. In the absence of a quorum, the members present may adjourn the meeting without additional written notice of a date of reconvening, other than the oral announcement of the date for reconvening given at the adjourned meeting. (1985, amended 1992).
- Voting Rights. Only members present at a Membership Meeting shall be entitled to vote. No proxies shall be permitted. (1992)
ARTICLE III - NOMINATION AND ELECTION OF OFFICERS AND DIRECTORS
- Eligibility and Term. A candidate for election as an officer or a director must be a member at the time of election. Officers and directors must continue to be members in good standing during their respective terms of office. The elected officers of the Club shall consist of a President, a Vice President, a Secretary, a Treasurer and a Solicitor (the Solicitor must be a member of the Bar of the Supreme Court of Pennsylvania). Each officer shall serve for a term of one year and shall be elected at the Annual Meeting. Fourteen directors shall be elected to serve for two-year terms, on a staggered
basis with seven directors to be elected at each annual meeting. The immediate
past President of the Club shall be an officer of the Club (with the title of
Immediate Past President) until replaced in such capacity upon the retirement
of the successor President, who shall then in turn assume the office of
Immediate Past President. Officers and directors shall assume their respective
offices on January 1 following their election. No person shall simultaneously
hold more than one office in the Club. (1985, amended 1992 and 2001)
- Nominating Committee. At the first regular meeting
of each fiscal year, the President shall appoint .a Nominating Committee
consisting of at least five (5) members, the chairman of which shall be the
immediate past president or another past president. (1985, amended 1992)
- Nomination Report and Notice. The Nominating
Committee shall report to the Board of Directors in September of each year the
nominees selected for officers and directors of the Club. The names of the
nominees for the respective offices shall be sent to each member in the notice
of the Annual Meeting required in Article II, Section 1 above. Additional
written nominations for any office signed by at least ten members of the Club
may be made by delivery of said nominations to the secretary at least forty
eight (48) hours prior to the Annual Meeting. (1985, amended 1992)
- Election Process. At the Annual Meeting, if there
is a contest for any office or directorship, the President shall appoint a
judge and two tellers of election. The election shall then proceed by written
ballot to be furnished by the Secretary containing a list of all offices to be
filled, and the names of all the qualified candidates nominated therefor. No
person shall be a nominee for more than one (1) office at any one Annual
Meeting. The candidate having the highest number of votes shall be elected.
When only one candidate has been nominated for each office, election may be
made by acclamation, and ballots omitted. (1985)
- Voting Rights. Only members present at the election
shall be entitled to vote. No proxies shall be permitted. (1985)
- Election Results. After the election has been
closed, by vote of the meeting, and votes counted, the Judge shall report the
results to the meeting and the same shall be entered in the minutes. (1985)
ARTICLE IV - BOARD OF DIRECTORS
- Composition. The Board of Directors shall consist
of the fourteen (14) Directors, the President, the Vice-President, the
Secretary, the Treasurer, the Solicitor and the Immediate Past President, all
of whom shall be members of the Club. (1985, amended 2001)
- Meetings. The Board of Directors shall meet
regularly at such times and places as the Board shall from time to time
designate, notice of which shall be given by the President or Secretary at
least three (3) days in advance to all board members. Special meetings of the
Board may be called at any time by the President or by a minimum of five (5)
members of the Board of Directors upon similar notice. At any meeting of the
Board of Directors, seven officers and directors shall constitute a quorum.
Meetings may be conducted by telephone or by any other electronic means as is
permitted by law. (1985, amended 1992)
- Authority. The Board of Directors shall have the
power generally to manage the affairs of the Club, including authority, either
directly or through the representatives appointed for the purpose, to act or
direct action on behalf of the Club in all community matters, such as zoning,
transportation, public welfare and the like. (1985)
- Vacancies. In the event of a vacancy occurring for
any Board position, the Board of Directors shall fill the vacancy until the
next Annual Meeting. In the event of the absence, without due cause, of any
officer or Board member from three (3) Directors' meetings during a fiscal
year, then the Board, at its next regular meeting, shall determine whether or
not to declare the office vacant. In order to so declare an office vacant,
there must be a two thirds (2/3) vote of those present with there being no vote
by the person whose office is at issue. Vacancies so occurring in the Board of
Directors may be filled at the same meeting. (1985, amended 1992)
- Conflict of Interest. Upon consideration of any
matter by the Board, a Board member shall make prompt and timely disclosure of
any interest in the matter that might reasonably create a conflict of interest
or the appearance of a conflict of interest. Such an interest may be direct or
indirect, pecuniary or other interest, whether by ownership, representation or
otherwise. A director having a conflict of interest shall be disqualified from
voting on the matter before the Board. Further, upon motion of any director,
the Board by majority vote shall determine whether a director has such an
interest which shall cause said director to be disqualified from voting on the
matter before the Board. (1985)
- Right of Attendance. Meetings of the Board of
Directors shall be open to all members of the Club. (1985)
- Voting. Unless otherwise stated in these By Laws or
as stated in Roberts' Rules of Order, all votes at meetings of the Board of
Directors shall be carried by a majority of those officers and Directors
present and voting. No proxies shall be permitted.
- Limitation of Directors' Liability. No Director of
the corporation shall be personally liable for monetary damages as such for any
action taken or any failure to take any action unless: (a) the Director has
breached or failed to perform the duties of his or her office under Section
8363 of the Pennsylvania Directors' Liability Act (relating to standard of care
and justifiable reliance), and (b) the breach or failure to perform constitutes
self dealing, willful misconduct or recklessness; provided, however, that the
provisions of this Section shall not apply to the responsibility or liability
of a Director pursuant to any criminal statute or to the liability of a
Director for the payment of taxes pursuant to local, state or federal law. This
Section shall be applicable to any action taken and any failure to take any
action or after January 27, 1987. (1988)
- Indemnification. The Club shall have the power to
indemnify any person against expenses (including attorneys' fees), judgments,
fines and amounts paid in settlement actually and reasonably incurred by him in
connection with any legal action or proceeding arising by reason of the fact
that he is or was a member or representative of the Board of Directors of the
Club, to the extent permitted by the Non Profit Corporation Law of 1988, as
amended from time to time. The Club shall also have the power to purchase and
maintain insurance on behalf of any person who is or was a member or
representative of the Board of Directors of the Club against liability asserted
against him in such capacity or arising out of his status as such, whether or
not the Club would have the power to indemnify him against that liability under
the provisions of the Non Profit Corporation Law of 1988, as amended. (1992)
ARTICLE V - DUTIES OF OFFICERS
- President. The President shall preside at all
meetings of the Club and of the Board of Directors and shall perform such other
duties as usually pertain to the office. (1985)
- Vice President. In the absence or incapacity of the
President, the Vice President shall perform the duties of the President. In the
absence or incapacity of the President and Vice President, a majority of those
members present shall choose a Chairman pro tem to preside at said meeting.
(1985)
- Secretary. The Secretary shall be present at all
meetings of the Club and of the Board of Directors, keep full and complete
minutes of said meetings, send all notices provided for in these By Laws, keep
the records of the Club, (including a serial numbering of all Resolutions),
keep the Corporate Seal of the Club, and perform the other usual duties of
Secretary. The Secretary, together with the President, shall sign all written
contracts of the Club. The Secretary shall receive a monthly expense
reimbursement, the amount of which shall be determined by the Board of
Directors. (1985, amended 1992)
- Treasurer. The Treasurer shall collect all fees and
dues and all other monies payable to the Club. The Treasurer shall deposit all
fees and dues to the credit of the Club in such depositories or banks as the
Board of Directors shall designate. The Treasurer shall pay all the bills of
the Club. The Treasurer shall keep true and correct account of all monies so
collected and disbursed, which account shall be audited annually. Upon the
election and qualification of the Treasurer's successor, the Treasurer shall
turn over said funds and all of the official books and papers to the successor.
The Treasurer shall receive a monthly expense reimbursement, the amount of
which shall be determined by the Board of Directors. (1985, amended 1992)
- Solicitor. The Solicitor shall act as general adviser upon all legal matters concerning the Club.
ARTICLE VI - COMMITTEES
- Appointment and Composition. Chairpersons of the
Committees of the Board of Directors shall be appointed by the President, at
the first regular meeting of each fiscal year, from among the officers,
directors or members of the Club, and shall serve until their successors are
appointed and qualified. If such chairperson is not a director or officer, he
shall not be entitled to vote at meetings of the Board of Directors. These
Committees shall include the Public Service and Improvement Committee, the
Membership Committee, the Publicity/Newsletter Committee, the Budget Committee,
the Audit Committee, the Independence Day Committee, the Zoning Committee and
such other Committees as the Board of Directors from time to time shall create
for conducting the business of the Club. (1985, amended 1992)
- Public Service and Improvement Committee. It shall
be the duty of the Public Service and Improvement Committee, subject to the
control of the Board of Directors, to concern itself with and, if necessary,
take action regarding all matters pertaining to the public utility companies
and public carriers, and all matters, except zoning and related matters, coming
under the jurisdiction of Lower Merion Township or higher governmental
authorities, in which the community may have an interest. (1985)
- Zoning Committee. It shall be the duty of the
Zoning Committee, subject to the control of the Board of Directors, to concern
itself with and, if necessary, take action regarding all zoning matters,
Planning Commission matters and all matters related thereto, in which the
community may have an interest. (1985)
- Membership Committee. It shall be the duty of the
Membership Committee to seek the enrollment of new members in the Club.
(1985)
- Budget Committee. It shall be the duty of the
Budget Committee to prepare a budget for the ensuing Club year, and submit it
to the Board of Directors for approval. (1985)
- Audit Committee. It shall be the duty of the Audit
Committee to audit the accounts of the Treasurer and the contents of the safe
deposit box, if there be one. The Audit Committee shall report to the Board of
Directors no later than April of each year following the fiscal year for which
the Audit has been conducted. (1985, amended 1992)
- Special Committees. The appointment by the
President of Special Committees is authorized. (1985)
- Financial Limitations. No Standing or Special
Committee shall incur any financial or other obligation without express
authorization therefor from the Board of Directors. (1985)
ARTICLE VII - MISCELLANEOUS
- Amendment of By Laws. Authority to amend these By Laws, as the Board of Directors may from time to time deem appropriate, is hereby vested in the Board of Directors, subject to the power of the members of the Club to change such action if they so desire. An amendment shall not be adopted by the Board of Directors unless by absolute majority vote at two consecutive meetings of the Board. Notice of the adoption of any amendment to the By Laws by the Board of Directors shall be mailed to the membership by the Secretary in the next mailing to the general membership. (1985)
- Headings. Any headings preceding the text of the
several paragraphs and subparagraphs hereof are inserted solely for convenience
of reference and shall not constitute a part of these By Laws nor shall they
affect their meaning, construction or effect. (1985)
Exhibit A
The Neighborhood Club encompasses the Bala Cynwyd area which is defined by
City Avenue to the east, the Schuylkill River to the north, Rock Hill Road and
Conshohocken State Road to the west and Meeting House Lane, Montgomery Avenue
and Old Lancaster Road to the south.
As Amended and Adopted on December 8, 1992, and as amended on October 9,
2001.