Constitution of the MSCA

PREAMBLE; We the residents of Montgomery Square, to provide a
more effective and efficient constitution in order to make our
community an increasingly attractive, safe and congenial place to
live, and to otherwise promote our general welfare, hereby repeal
and revoke that constitution adopted November 10, 1964, and adopt
this amended constitution in lieu thereof.

Article I: MEMBERSHIP

Section 1. Each household in Montgomery Square shall be
eligible for membership in the Association. Households
contiguous to Montgomery Square may be eligible for membership in
the Association by the act of at least seven members of the
Governing Board.

Section 2. Each household which tenders the annual dues to
the Treasurer or representative of the Treasurer shall be
admitted to membership immediately.

Article II: DUES

Section 1. Annual dues are payable during the fourth
quarter of each year. Dues of households established after July
1 of the year shall be one half of the annual rate.

Section 2. The amount of annual dues shall be fixed by the
Governing Board on or before October 1 of each year. Any change
in the amount of the annual dues from the preceding year must be
approved by at least six members of the Board.

Article III: OFFICERS

Section 1. The officers of this Association shall be a
President, a Vice President, a Secretary and a Treasurer. They
shall be elected from the membership at the Annual Election and
shall serve for a term of one year or until successors are
elected.

Section 2. The President shall be the chief executive
officer and spokesperson of the Association; shall preside at
all meetings of the Association and the Governing Board; shall
make a report to the Association at the Annual Meeting; and
shall perform such other duties as Governing Board may require.

Section 3. The Vice President shall perform such duties as
the President assigns and shall have all the powers and perform
all the duties of the President in the event of the President’s
absence, death, disability, resignation or removal.

Section 4. The Secretary shall send out notices, and keep
the minutes of all the meetings of the Association and of the
Governing Board; shall inform the officers and the committee
Chairpersons of any new business pertaining to their duties;
shall maintain records and correspondence of the Association and
shall tend to such correspondence as the President or the
Governing Board may direct. The Secretary shall maintain a
complete, current and accurate list of the names and addresses of
the members.

Section 5. The Treasurer shall be the custodian of all
Association funds and shall be responsible for the depositing and
disbursing of these funds under the direction of the Governing
Board. The Treasurer shall collect all dues from the members.
The Treasurer shall keep an accurate, itemized account of all
receipts and disbursements; shall pay bills upon the
certification of their correctness by the Governing Board; and
shall report on all receipts and disbursements at the Annual
Meeting and each regular meeting of the Governing Board.

Section 6. The term of office for the Governing Board shall
begin in June annually.

Article IV: GOVERNING BOARD

Section 1. The affairs of the Association shall be managed
by a Governing Board. The Board shall be composed of a
President, Vice President, Secretary and Treasurer of the
Association, and the Chairpersons of the Communications,
Improvements, Membership, Social, Zoning, Roads and Safety and
Education Committees.

Section 2. Regular meetings of the Governing Board shall be
held at least once during each month except July and August, on a
day fixed at the preceding meeting. Special meetings of the
Board may be called by the President or by three members of the
Board. Six members of the Board shall constitute a quorum. The
act of the majority of the Board members present at a meeting
where there is a quorum shall be the act of the Board, except as
otherwise provided in this Constitution.

Section 3. Notice of each meeting of the Governing Board
and, in the case of a special meeting, the purpose or purposes
for which it is called shall be made to each Board member.

Section 4. If a vacancy occurs on the Governing Board,
except in the office of President, the remaining members of the
Board shall elect another of the Association to fill the vacant
office for the unexpired term.

Section 5. If a member of the Governing Board ceases to
reside or is dropped from membership in the Association for
nonpayment of dues, or in the opinion of at least six members of
the Board is unable or unwilling to carry his or her duties, and
if such member refuses to resign, then the Board shall declare
such members place on the Board vacant and shall select a
successor as provided in Section 4 of this article.

Article V:

Section 1. The Association shall have seven standing
committees: the Communications Committee, the Improvements
Committee, the Membership Committee, the Social Committee, the
Zoning Committee, the Roads and Safety Committee and the
Education Committee. The Chairpersons of these committees shall
be selected from the membership at the Annual Election and shall
serve for a term of one year. Each committee shall have in
addition to the Chairperson, a minimum of four members appointed
by the Chairperson.

Section 2. The Communications Committee shall be
responsible for the reproduction and distribution of the
Association notices and publications. It shall perform other
such duties involving community communications as may be required
by the Governing Board.

Section 3. The Improvements Committee shall recommend to
the Governing Board any physical improvements calculated to
benefit the entire community from an aesthetic, safety or
recreational standpoint. It shall make recommendations as to all
physical improvements proposed by others before such proposals
are submitted to the Board for action. It shall perform such
duties in connection with physical improvement projects as may be
required by the Board.

Section 4. The Membership Committee shall urge every
eligible household to become a member of the Association. It
shall assist the Treasurer in collecting dues. It shall assist
the Secretary in maintaining a complete, current and accurate
list of the names and addresses of the members. It shall present
suggestions by members of the Association to the Governing Board,
and shall perform other such duties in contacting members as the
Board may require.

Section 5. The Zoning Committee shall keep the Governing
Board informed on all zoning matters affecting the community,
shall recommend what action the Board shall take with respect to
such matters and shall perform such duties in connection with
zoning matters as the Board may require.

Section 6. The Roads and Safety Committee shall keep the
Governing Board informed on all matters related to the planning
and construction of area roads and traffic safety affecting the
community, shall recommend what action the Board should take with
respect to such matters, and shall perform such duties in
connection with roads and traffic safety matters as the Board may
require.

Section 7. The Education Committee shall keep the Board
informed on all matters related to education affecting the
schools that serve the community, shall recommend what action the
Board should take with respect to such matters, and shall perform
such duties in connection with education matters as the Board may
require.

Section 8. The Governing Board may appoint and discharge
any special committees as required.

Article VI: MEETINGS

Section 1. The Annual Meeting of the members of the
Association shall be held in May. The members shall be notified
of the dates of the Annual Meeting at least thirty days prior to
the meeting.

Section 2. A regular meeting of the membership shall be
scheduled in May of each year.

Section 3. Special meetings of the membership may be called
at request of the President, or any three members of the
Governing Board or any twenty-five members of the Association.
Such written requests must be placed in the hands of the
Secretary.

Section 4. Notice of the meetings of the Association shall
be delivered to each member household not less than ten days in
advance of the meeting. Only subjects specified and described in
detail shall be considered at a special meeting.

Section 5. Each member household represented at a meeting
shall have one vote. There shall be no proxy voting.

Section 6. Ten percent of the membership shall constitute a
quorum. The act of the majority of the members present at a
meeting at which there is a quorum shall be the act of the
Association except as otherwise provided in this Constitution.

Article VII: ELECTIONS

Section 1. Each member household of the Association shall
have one vote at the Annual Election.

Section 2. A Nominating Committee shall be formed in March
of each year and shall consist of the President, who shall act as
a Chairman, no fewer than four members appointed by the President
from the members of the Association not serving on the Governing
Board.

Section 3. At least thirty days prior to the Annual
Meeting, the Nominating Committee shall furnish to the Secretary
for distribution to all member households, the name of at least
one candidate for each position on the Governing Board and a
brief statement of pertinent information about a candidate. This
distribution shall include the announcement that any member may
be nominated for any position on the Governing Board by a
petition signed by ten members and the nominee and presented to
the Secretary at least ten days prior to the Annual Meeting.

Section 4. At the Annual Meeting with a quorum present,
members of the Governing Board shall be elected by the majority
vote of those present. Candidates eligible for election will be
only those who have been nominated in accordance with Section 3
of this article.

Section 5. If any candidate fails to receive a majority of
the votes cast, a second vote shall be taken between the two
candidates receiving the highest number of votes.

Article VIII: AMENDMENTS

Section 1. Amendments to this constitution may be proposed
by any three members of the Governing Board or any ten members of
the Association in a petition delivered to the Secretary. The
Secretary shall submit such a petition to the Board at it’s next
meeting.

Section 2. In order to be adopted, a proposed amendment
must be approved by at least six members of the Governing Board,
and by the majority of the members of the Association present at
a special meeting, called as soon as practicable after the date
of Board approval, at which a quorum of the membership is
present.