The Sample Bylaws for a neighborhood security camera group are provided “AS-IS” with no warranty about suitability for a specific purpose or legal correctness whatsoever. It is ultimately your responsibility to make sure your organization is run correctly.
Please also read general information about bylaws on the post Making an Organization
<GROUP NAME> BYLAWS
- Voting members will be residents from the geographic area of the <GROUP NAME>, which includes all <Street 1; Street 2 from X to Y> addresses.
- Participation in the <GROUP NAME> is completely voluntary.
- The Leadership Council consists of: a Chairperson, Treasurer, Secretary, a Crime Fighting Leader, an Emergency Preparedness Leader and <X> number of Block Captains,
- The Leadership Council will initially self-constitute an interim leadership council until first elections.
- A leadership member may serve in no more than two positions concurrently (from the aggregate of positions described in sections a. and b. above), Chairperson and Treasurer CANNOT be the same person.
- The Leadership Council will have full authority to coordinate the, including the authority to open and manage a bank account, sign contracts with vendors, receive and disburse funds, and manage any other business of the organization.
- Leadership Council meetings will be called by the Chairperson as needed, but at least once a year, and at least two weeks before the full <GROUP NAME> meeting at which elections are held. Any <GROUP NAME> member may request to attend a Leadership Council meeting.
- The <GROUP NAME> will meet at least annually or more frequently as determined by the Leadership Council. Meetings will be held within the Oakland city limits.
- The general <GROUP NAME> meeting will be announced and the agenda, including approval of minutes, a chair, a treasurer’s report, crime fighting leaders report, emergency preparedness leaders report, reports from committees, elections and old and new business, will be publicized to the neighborhood at least two weeks in advance.
- If a vote is taken at a meeting, a quorum of at least fifteen people must be present for the vote.
- After an interim period, and no later than <date>, the members of the Leadership Council will be elected by a majority vote of <GROUP NAME> members at a full <GROUP NAME> assembly.
- Subsequent elections will be held no later than <month> <day> of each following year at a full <GROUP NAME> meeting.
- Each Leader will serve a two-year term, except for the interim Leaders elected in 2011, or Leaders elected for partial terms to fulfill the staggered terms of section e. below.
- The Chairperson, Secretary, Emergency Preparedness Leader, and <Street 1> Block Captain will be elected in odd-numbered years, and the Treasurer, Crime Fighting Leader and <street 2> Block Captain will be elected in even-numbered years.
- Any <GROUP NAME> community member is eligible to run for any open position.
- Leadership Council members will be elected by the <GROUP NAME> membership by a majority of those present and voting, assuming a quorum of fifteen members has been reached.
- Vacancies may be filled by the Leadership Council in the interim between elections.
- No member of the <GROUP NAME> will be compensated. There will be no employees.
- Committees will be created as determined by the Leadership Council, based on neighborhood input.
- Any <GROUP NAME> resident may serve on a committee.
- Committees will report to, and be supported by the Leadership Council..
- Funds will be collected to provide for neighborhood projects, such as security projects (i.e. Camera equipment, Infra red lights, and maintenance), emergency preparedness projects, and Beautification projects.
- All contributions are considered equal regardless of the actual amount. No member shall have greater influence or more votes because of larger contribution amounts.
- The amount(s) will be recommended by the project committee and requested by the Leadership Council from the membership. Amounts received as membership contributions are transferred and held in trust to provide for the management, maintenance, and care of association property/equipment if they are not used for association purposes during the year.
- Payment of Contributions. Contributions will be paid to the <GROUP NAME>, collected by the Treasurer, and kept in separate accounts depending on the purpose that the funds were collected for i.e. Security, Emergency Preparedness, and Beautification.
- All requests for funds must be approved by the Leadership Council.
- All expenditures must be approved in advance by the Leadership Council.
- RECORDS AND REPORTS
- The accounts, books, and financial records will be kept by the Treasurer, and may be made available to any <GROUP NAME> member upon request.
- Minute from Leadership Council meetings, Official correspondence, all revisions of bylaws, minutes of Member meetings, are kept by the Secretary.
- Minutes of each general neighborhood meeting will be posted on the groups password protected web-site.
- Any member can initiate an amendment to these by-laws.
- The proposed amendment will be considered and voted upon at a duly called general meeting.
- Changes to Bylaws requires 2/3 majority, and requires a quorum of 20 people.
- The <GROUP NAME> may initiate the process to dissolve if a 2/3 majority of the membership votes for this course of action at a duly called meeting.
- As a nonprofit, and though it is an unincorporated association, any remaining assets of the <GROUP NAME> must be given to another nonprofit, in accordance with California law.
<name>, Chairperson (date)
<name>, Treasurer (date)
<name>, Secretary (date)
<name>, Crime Fighting Leader (date)
<name>, Emergency Preparedness Leader (date)
<name>, <street 1> Block Captain (date)
<name>, <street 2> Block Captain (date)
<name>, <street 1> Block Captain (date)
(The list of topics in these by-laws is a partial list of the suggested outline for by-laws found in Franchise Tax Board booklet 3500 to apply as an unincorporated association for exemption from CA income or franchise taxes.)
The language in Section B below is drawn verbatim from “Guidelines for Homeowners Associations FTB 1028”.
See Page 3 at http://www.ftb.ca.gov/forms/misc/1028.pdf
A. Incorporator Organizational Tests. General
- The name of the organization shall be the <GROUP NAME>.
- This organization does not contemplate financial gain or profit to its members and is organized for nonprofit purposes.
- The specific and primary purpose of the association is to operate an unincorporated homeowners’ neighborhood association within the meaning of Section 23701t of the California Revenue and Taxation Code.
- Notwithstanding any of the above statements of purposes and powers, this organization shall not, except to an insubstantial degree, engage in any activities or exercise any powers that are not in furtherance of the specific purpose of this organization.
B. Operational Test General Requirements. Source of income test: 60 percent or more of gross income is from membership dues, fees, and assessments.
- Source of income test: 60 percent or more of gross income comes from membership dues, fees, and assessments. In the case of a cooperative housing corporation, payments from stockholder members to pay acquisition indebtedness or other fees are considered fees and assessments.
- Expenditure test: 90 percent or more of the expenses for the year are for acquisition, construction, management, maintenance, and care of association property or, in the case of a timeshare association, for activities provided to or on behalf of the members of the association.
- No part of the net earnings is used to benefit any private individual other than in the normal course of activities of the association.