WHEREAS, the Board of Directors of GlenRiddle Community Association, Inc. has the power and the responsibility to govern and make decisions for the community in accordance with Article 7 of the GlenRiddle By Laws; and
WHEREAS, the Board of Directors may appoint Local Area Committees as it deems appropriate in carrying out its purposes as provided in the Declaration, in accordance with Article 10 of the GlenRiddle By Laws;
WHEREAS, the requirements of due process suggest that there should be a body other than the Board to monitor and assist the Board in enforcing compliance with the Local Area defined as the GlenRiddle Marina:
NOW, THEREFORE BE IT RESOLVED THAT the Board of Directors of GlenRiddle Community Association, Inc. hereby deems it necessary and desirable and in the interest of the Association to establish a Marina Committee to advise and assist the Board of Directors in monitoring and enforcing compliance with the Governing Documents and Community Codes;
NOW, THEREFORE, THE BOARD OF DIRECTORS RESOLVES that a Marina Committee be established, having the following terms of reference:
I. RESPONSIBILITY
The primary responsibilities of the Marina Committee are to ensure that the marina property is maintained in a manner providing for visual harmony and soundness of repair; avoiding activities deleterious to the aesthetic or property values of the community and marina; furthering the comforts of the Unit and/or Marina Slip Owners, their invited guests and tenants, and promoting the general welfare and safety of the community and marina property. In fulfilling its responsibilities, the Marina Committee shall perform functions which include, but are not necessarily limited to, the following:
A. To establish the procedures applicable to its activities regarding the use of the marina and its facilities, provided that the right of all Owners within the Local Area (marina) to meaningful participation in the Marina Committee shall not be abridged.
B. To assist the Board of Directors in developing reasonable rules & regulations that conform with the Governing Documents for use of the marina facilities, and recommending changes on existing rules & regulations, and to provide support to the Board of Directors and Manager.
C. To provide interpretations and make reasonable efforts to resolve conflicts relating to the Governing Documents between and among Owners on an informal and amicable basis when requested to do so and to report infractions to the Manager.
D. To investigate and render decisions to the Board of Directors on alleged violations with respect to the use of the marina facilities.
E. To assist Manager by handing tasks (i.e.: completing inspections, reporting violations to Manager, collecting/researching information, delivering notices, etc.).
F. To attend specific meetings, as requested, concerning the operation of marina facilities (i.e.: marina basin water quality testing, maintenance contractors, etc.).
G. On ambiguous issues, Committee Chairman will report to the Board of Directors. If Board is unsure of the correct action to take, they will refer the issue to Association’s attorney, as needed, to ensure compliance with Governing Documents, and State & Federal Laws.
H. To serve as an advisory Committee to the Covenants Committee with respect to interpretation and enforcement of the Governing Documents within the Marina facility. Additionally, the Marina Committee may serve as an advisory Committee to the Design Review Entity with respect to the review and approval or disapproval of applications for Improvements within the Marina facility. The recommendations of the Marina Committee shall not be binding on the Board of Directors, the Covenants Committee, or the Design Review Entity; provided however that the Board of Directors, the Covenants Committee, and the Design Review Entity shall make a reasonable effort to implement such recommendations unless to do so would is determined not to be in the best interests of the Community by the Board of Directors, the Covenants Committee or the Design Review Entity, in their sole discretion.
I. Such additional duties as may be granted by the Board of Directors to enable the Marina Committee to fulfill its duties under the Governing Documents.
II. MANNER OF ORGANIZATION
A. Membership: The Marina Committee shall consist of no less than three (3) or more than seven (7) members in good standing, who shall be appointed by and serve at the pleasure of the Board of Directors. Committee members shall not be members of the Board of Directors.
B. Terms: Committee members shall serve for staggered one, two, and three-year fixed terms, with the option of re-appointment by the Board of Directors.
C. Chairperson: The Chairperson shall be appointed by the Board of Directors.
D. Vacancies: The Board of Directors may remove a Chairperson or member with or without cause. Vacancies shall be filled by the Board of Directors.
E. Recorder: The Chairperson shall designate a recorder from among the members of the Committee. The recorder shall be responsible for maintaining the Committee membership minutes, roster, assisting the Chairperson in preparing monthly written Committee reports to the Board of Directors, and in general maintaining written documentation on Committee decisions and activities.
III. MANNER OF OPERATION
The Marina Committee shall conduct its business in strict accordance with the Governing Documents and in the interest of the GlenRiddle Community Association, Inc. As such, the Committee is charged with maintaining a constant awareness of the legal obligations, risks, and
responsibilities of the Association. With regard to the rights of Owners, the Marina Committee may take no actions other than those authorized by Board policy without prior authorization of the Board, reflected in the Association minutes.
A. Function of the Chairperson: Include the following:
1. Coordinating and supervising Committee activities and meetings to assure that Committee responsibilities are met.
2. Preparing monthly Committee reports to the Board of Directors.
3. Representing the Committee to the Board of Directors.
4. Administering the Committee’s annual budget allocation (but not the cash, the administration of which shall be a responsibility of the Association’s Treasurer and/or Managing Agent) to assure that funds are being spent as allocated, or to determine if adjustments are necessary for the funds allocated.
B. Meetings:
1. Regular meetings — monthly, but not less than four per year — shall be held as necessary to carry out its assignments and responsibilities. A majority of members shall constitute a quorum for the purpose of conducting Committee business.
2. Special meetings may be called by the Chairperson or upon the written request of any two Committee members.
3. Regular attendance at meetings shall be mandatory.
4. The Marina Committee shall provide all GlenRiddle Community Association, Inc. Owners (including Boat Slip Owners) and the Board of Directors reasonable prior notice of all Committee meetings, with a minimum of 72 hours & a maximum of 90 days’ notice. All such
meetings shall be open to all Owners.
C. Reporting and Channels of Communication:
1. The Marina Committee Chairperson shall periodically submit to the Board of Directors a written report on Committee activities in a format approved by the Board of Directors. Copies of such reports shall also be forwarded to the Managing Agent. This report shall include a minimum of the following:
a. Recommendations on current needs (i.e.: signage, supplies, equipment, etc.)
b. A list of correspondences received & actions taken.
c. A list of applications received & actions taken.
d. A list of current violations identified & actions taken.
e. Any hearings held, subject matter, and decisions.
2. The recorder shall prepare and submit to the Board of Directors through the Chairperson minutes of all Marina Committee meetings. Copies of such minutes shall also be forwarded to the Managing Agent.
The GlenRiddle Board of Directors hereby adopts this Resolution this 12th day of July 2007 at an open Board of Directors meeting where a quorum of the Board was present, and it will become effective immediately.
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