ARTICLE I — Name
The name of this association is the Northeast Walnut Creek Neighborhood Association (NEWCNA), a non-profit organization formed according to the laws of Texas, hereafter referred to as the Association.
ARTICLE II — Purpose
The purpose of this Association shall be to protect the best interests of the residents of the area hereinafter set forth; to promote and strive for the improvement and the betterment of all public facilities and services within said area; to promote and encourage a better community and civic spirit; to foster goodwill and friendship between and among all the residents of said area; and to cooperate with county and city officials and with other civic and public organizations for the general welfare of the entire community.
ARTICLE III — Neighborhoods
North Oaks, North Oaks Hillside, and Four Seasons shall constitute that to be covered and encompassed by the activities of this Association.
ARTICLE IV — Objectives
The objectives of the Association are to:
- Represent and advance the interests of residents in the neighborhood.
- Keep all residents informed of issues vital to the neighborhood by appropriate communications and meetings.
- Establish standing and ad hoc committees to investigate and make recommendations to the Association on all matters of the neighborhood concern.
- Promote mutual protection and safety. Provide information to residents regarding available options open to them relating to the problems of home ownership, zoning, rights, etc.
- Work towards development and preservation of natural green spaces, parks, trees, landscaping, and general land use management.
ARTICLE V — Membership
Section 1 — Eligibility
Membership in the Association shall be open to all residents who are 21 years of age or older within the area described in Article III. Membership shall be issued on the basis of the household as a unit upon payment of annual dues.
Section 2 — Dues
Dues per household per year, shall be recommended by the executive committee and approved by the body. Dues shall be payable throughout the calendar year, defined as January 1st December 31st. Dues will not be prorated.
Section 3 — Honorary Membership
Honorary membership may be awarded to persons who have performed services, which tend to further the purpose of the Association. The election of honorary membership shall be by majority vote. Honorary members shall have no vote.
ARTICLE VI — Voting
Members of the Association present at any meeting shall be entitled to one vote on each matter submitted to a vote of the membership.
Business decisions shall be transacted by a simple majority vote of members present and voting.
ARTICLE VII — Officer Elections
The officers of the Association shall be elected from the active membership and shall be a president, three vice presidents (one each from the subdivisions of North Oaks, North Oaks Hillside, and Four Seasons) a recording secretary, a media secretary, and a treasurer.
Officers shall serve in staggered terms to eliminate the possibility of replacing all officers in one year. The President, Four Seasons vice president, and recording secretary shall be elected on odd numbered years. North Oaks and North Oaks Hillside vice presidents, media secretary, and treasurer shall be elected on even numbered years.
Officers shall be nominated and elected for 2-year terms at the regular annual meeting in January. Elections shall be by written ballot or by a show of hands. Officers-elected shall be installed immediately thereafter. The president shall not serve more than two consecutive full terms. Other officers may serve up to three consecutive full terms in the same office.
For purposes of serving as a vice-president or otherwise being represented there, residences outside the three existing sub-divisions will be considered as part of the most adjacent of those sub-divisions. Only one resident of a household may serve on the Executive Committee at one time.
Nominations of the officers shall be the responsibility of the nominating committee appointed by the president from the membership. Nominations also may be made from the floor at the annual meeting in January.
Section 6 — Removal from Office
Any officer may be removed from office for cause at any meeting, by a two-thirds vote of the membership present and voting providing that notice has been furnished to the membership at least two weeks prior to the said meeting.
Section 7 — Replacement of Officers
When necessary, vacant offices may be filled by the Executive Committee, for the unexpired portion of the term.
Section 8 — Resignation of Officers
Elected Officers must give written notice to the executive committee before a resignation can become effective.
ARTICLE VIII — Duties of Officers
The President shall preside at all meeting of the Executive Committee and the Association and shall be an ex-officio member of all committees. The president may call and conduct conferences of officers of the Association, shall appoint the members and chair of all standing committees, and shall perform such other duties as are commonly performed by the chief executive officer of a voluntary organization, or, as may be assigned to him/her by the Executive Committee. During Association meetings the president shall refer to himself/herself as the chair. The chair should call the meeting to order at the time appointed. The chair cannot take part in debate; however, the chair may respond to factual questions. The chair of an assembly does not vote unless his/her vote, cast as he/she intends to cast it, would change the outcome. The Vice-Presidents in their successive order, shall perform all the duties of the president during the president’s absence or disability, and shall succeed to the office of president in the event of resignation or withdrawal of the president for any reason.
The vice-presidents shall also perform such other duties as may be assigned to them by the Executive Committee. The executive committee shall appoint the first, second, and third rankings of the vice presidents voted to office.
The Recording Secretary is in charge of minutes, correspondence, the roll of the members, and similar matters. The recording secretary is to record the minutes and keep them in a book, to maintain current accurate copies of all organizational documents (including the bylaws, rules of order, and standing rules) to file reports (noting their date of presentation and their disposition), to issue written notices of the meetings and certain motions, to prepare the agenda for the chair, to maintain a roster of membership, to provide signed copies of organizational documents, to make the minutes and organizational documents available to members at reasonable times and places, and to call roll when required. Furthermore, the recording secretary should notify persons of them having been chosen as a committee member, and is responsible for providing committees with relevant information from the assembly, such as instructions. The recording secretary shall be subject to the directions of the president, the Executive Committee, and the Association.
The Treasurer shall collect dues, and by order of the Executive Committee disburse all funds of the Association and keep regular and accurate records of receipts and expenditures, which shall at all times be open to inspection by members of the Executive Committee. The treasurer shall make frequent reports to the Association of the amount of money on hand at a certain period, the sources and amounts of income during the period, the purposes or payees and amounts of disbursements during the period, and the balance on hand. Annually the treasurer’s report shall be referred to an auditing committee appointed by the president, which shall not include any member of the executive committee.
The Media Secretary shall be responsible for communication within the Association and shall give notice of all regular meetings to the area residents. This notice shall take the form of a newsletter. The media secretary is responsible for all aspects of the newsletter and/or web page. The content of the newsletter shall be pre-approved by the president and shall be consistent with the purposes of the Association as set out in Article II and shall be subject to the approval of the Executive Committee.
ARTICLE IX — Standing Committees
The first person named on a committee is chairman, unless the committee, by a majority of its members, elects another chairperson, which is competent to do so. The secretary should furnish the chairperson with notice of the appointment of the committee, giving names of the members, the matter referred to it, and instructions as the assembly has assigned.
Section 1 — Beautification
The chair shall be responsible for planning neighborhood clean-ups and notifying the Executive Committee of properties not meeting deed restrictions and covenants. The committee will be responsible for judging “Yard of the Month”, Halloween decor and “Christmas Lights” as well as any other decoration contests the committee recommends. The pursuit of the committee shall be in line with Article II, and subject to the approval of the Executive Committee.
Section 2 — Social
The chair shall be responsible for planning neighborhood gatherings to promote awareness and camaraderie within the association. Planned activities shall include, but are not limited to, an spring picnic and fall social. The pursuit of the committee shall be in line with Article II, and subject to the approval of the Executive Committee.
Section 3 — Delegate to the Austin Neighborhoods Council
The Delegate shall represent NEWCNA at all meetings of the Austin Neighborhoods Council (ANC) and shall be responsible for all communications between the Association and the ANC. A first and second alternate shall be appointed each year by the Executive Committee to serve in case of the ANC’s delegate’s absence. The pursuit of the delegate shall be in line with Article II.
Section 4 — Ad Hoc Committees
Ad Hoc Committees may be appointed at the discretion of the Executive Committee as needed. The Executive Committee shall give each ad hoc committee a specific charge. The ad hoc committee chairman shall report to the Executive Committee and the Association as deemed necessary.
ARTICLE X — Executive Committee
The executive committee shall be comprised of elected officers and the chair of each standing committee.
ARTICLE Xl — Meetings and Organization
Meetings of the general membership of the Association shall be held quarterly in January, April, July, and October.
The Executive Committee may call special meetings, reschedule, and/or cancel quarterly meetings.
The privilege of holding office, introducing motions, floor debates, and voting shall be limited to members of the Association.
The fiscal year of the Association shall run from January 1 through December 31.
The annual meeting for the election of officers of the Association shall be held in January. A yearly statement of standing and affairs shall be given at this time.
ARTICLE XIl — Parliamentary Authority
The Parliamentarian shall be appointed by the executive committee and shall not be part of the executive committee or retain voting rights beyond regular membership. The latest edition of Robert’s Rules of Order shall be the parliamentary authority for all matters of procedure. These rules may be suspended at any meeting by a majority vote.
ARTICLE XIII — Approval of Bylaws
Revisions to the bylaws and a rationale of the revision may be submitted to the Executive Committee by any member. In order to change the existing bylaws, the revision must pass by a two-third vote of the members present and voting present at a meeting of the Association. The changes will be immediate unless otherwise specified.
ARTICLE XIV — Dissolution
Upon the dissolution of the Northeast Walnut Creek Homeowners Association, no member shall have any right, nor receive any assets of the Association. In the event of dissolution, the Association’s assets, after payment of debts, will be distributed to an organization which is tax exempt under the provisions of Section 501 © (3) of the Internal Revenue Code.