Adopted April 1972 Revision Of The By-Laws
South Gate Community Association, Inc.
Article I
SECTION 1 - Member Eligibility
The principal class of membership shall be known as "active Members" and shall be comprised of real property owners as defined in the Charter of the corporation. They shall own real property in any of the South Gate Subdivision Units numbered 1 thru 31, 33 thru 37, 39, or 40, or in South Gate Manor Units 1 or 2, or in South Gate Country Club Estates, and the Association property; as described in the official records of Sarasota County, Florida, as follows: Plat book 8, pages 62, 62A; Plat book 7, pages 93, 93A, 91; Plat book 9, page 97; Plat book 8, pages 55, 73, 56, 56A, 74, 81, 85, 86; Plat book 9, pages 5, 32,33,48, 49; Plat book 10, page 101; Plat book 9, pages 69, 70, 71; Plat book 10, pages 20, 21, 22; Plat book 9, pages 84, 85, 85; Plat book 10, pages 38, 39, 40, 72, 79, 63, 57, 62; Plat book 16, pages 8, 8A, 9, 9A, 34A; Plat book 17, page 44; Plat book 18, pages 8, BA; Plat Book 11, pages 22, 22A; Plat book 14, page 3; Pint book 9, page 31; Plat book 10, page 74; and Official Records book 181, page 436.
Only active members shall have the right to vote or hold elective office.
There shall also be a class of membership known as "associate members" Which class shall be comprised of residents of South Gate as defined above who are renters but not real property owners. Associate members shall be entitled to all the rights and privileges of membership except the right to vote or hold elective office.
Non-resident Social or Pool memberships may be offered to former members or to individuals and families proposed by active members provided the application is approved by the Board of Directors and also provided that non-resident memberships do not exceed 10% of the total active membership at the time of application. Dues for non-resident members shall be the same as for active members and they shall be entitled to all the rights and privileges of membership except the right to vote or hold elective office.
SECTION 2 - Fiscal Year
The fiscal year of this corporation shall coincide with the calendar year.
SECTION 3 - Membership Dues
The annual dues shall be such amount as the membership may fix from time to time by a majority vote of those present and voting at any regular or special meeting of the membership, and when dues are fixed and assessed, the failure to pay the same within 60 days after the annual meeting will result in lapsing of membership. The annual Basic dues shall be the same amount for membership held by a family, a single person, a partnership, or a corporation. Pool and/or Social fees may be adjusted to reflect the number of individuals using these privileges.
SECTION 4 - Membership Application
A real property owner in the South Gate Subdivision may become an active member of this corporation or a renter in the South Gate Subdivision may become an associate member by submitting a signed application endorsed by three active member which application must be approved by a vote of a majority of the Board of Directors, and by payment of such dues as are then required, and shall continue to be a member as long as qualified or until such membership may lapse or be voluntarily withdrawn.
SECTION 5 - Lapsed Membership
A lapsed membership may be reinstated by payment of back dues for the current year.
Article II
SECTION 1 - Annual Members Meeting
The annual meeting of the members of this corporation shall be held on tie second Monday in January or within thirty days thereafter of each year at such time and place be may be designated by the Board of Directors. A special meeting of the members may be called at any time by the President or, in his absence, by the Vice-President, or by a majority of the Board of Directors, provided due notice as hereinafter provided shall be given to all members. It shall be the duty of the President, Vice-President or Directors to call such a meeting whenever so requested in writing by a least 25% of such members.
SECTION 2 - Annual or Special Meeting Notice
Notice of the time and place of all annual and special membership meetings shall be mailed by the Secretary to the residence of each member at least ten (10) days before the date thereof.
SECTION 3 - Member Voting
An active membership held by a family, a single person, a partnership, or a corporation shall be entitled to vote and may be permitted to vote in person or by proxy. An active member desiring to vote by proxy shall file with the Secretary of the corporation prior to the time of voting a signed written statement designating such proxy.
SECTION 4 - Membership Meeting Quorum
A quorum for the transaction of the business of any membership meeting shall consist of at least 25% of the active members present in person or voting by proxy.
Article III
SECTION 1 - Board of Directors
The business and property of this corporation shall be managed by a Board of Directors. Nine (9) Directors shall be elected by the members of the corporation. The Chairman of the six Standing Committee shall become voting members of the Board by appointment if they are not already elected Directors. The President of the South Gate Women's Club and the Editor of the GATOR magazine may become voting members of the Board by appointment if they are not already elected Directors. All members of the Board of Directors shall be active members of the corporation and residents of South Gate. They shall serve without remuneration.
SECTION 2 - Directors Elections
In December of each year at a meeting of the members of the corporation called for this purpose three (3) Directors shall be elected each for a term of three (3) years. Election shall be by a majority vote of those present and voting in person or voting by proxy providing those voting constitute a quorum.
SECTION 3 - Officer Elections
The Board of Directors shall-meet as soon as convenient after the annual election and shall elect from their number the following officers: President, First Vice-President; Second Vice-President. They shall also elect a Secretary and a Treasurer who may or may not be members of the Board 'of Directors but shall be active members of the corporation. These officers shall be installed at the annual meeting in January and assume their duties immediately after. The Board shall meet at least once a month, adopt its rules of procedure, conduct its business and keep minutes of its meetings.
SECTION 4 - Quorum
A quorum for the transaction of business at any regular or special meeting of the Board of Directors shall consist of a majority of the members of the Board present in person.
SECTION 5 - Vacancy Fills
The Board of Directors shall have the power to fill any Vacancy occurring amongst the Officers or Directors caused by resignation, removal or death; the appointee shall serve until the next annual meeting at which time the members of the corporation shall elect such Directors as may be necessary to fill the vacancies, said Directors to serve the unexpired term of the Director whom they are elected to succeed. Any Director may be removed without cause at any regular or special membership meeting by a two thirds (2/3) vote of those voting in person or by proxy providing those voting constitute a quorum. Voting shall be by written ballot.
SECTION 6 - Deed Restrictions
It shall be the duty of the Board of Directors to act upon assignments of authority from the developer of the SOUTH GATE Subdivision in the enforcement of deed restrictions. Acceptance of assignments of authority applying to areas defined in ARTICLE I shall be by majority vote of the membership at any regular or special meeting at which a quorum is present in person or voting by proxy.
SECTION 7 - Purchasing or Selling Land or Property
The Board of Directors shall not buy, sell or mortgage the real property of the corporation without the approval of the members of this corporation voting at any regular or special meeting provided a quorum is present in person or voting by proxy, and provided a ten (10) day written notice of the proposed action is sent to all members.
Article IV
SECTION 1 - President Responsibilities
The President shall preside at all meetings of the Board of Directors and all meetings of the membership; shall have general supervision over all the affairs of the corporation and over the other officers; shall sign all written instruments and perform all other duties incident to his office.
SECTION 2 - Vice President Responsibilities
In the absence or disability of the President his duties shall be performed by the First Vice-President; in the absence or disability of both the President and First Vice-President, these duties shall be performed by the Second Vice-President.
SECTION 3 - Secretary Responsibilities
The Secretary shall issue notices of all meetings, shall attend and keep the minutes of the same, shall have charge of the records and papers of the corporation and shall perform such other duties as are incident to his office.
SECTION 4 - Treasurer Responsibilities
The Treasurer shall have custody of All the money and securities of the corporation, shall give bond in such an amount as the Directors may at any time require, give account for all the moneys, securities and other property of the corporation which are in his custody. He shall use one or more depositories designated by the Board of Directors. He shall have authority to disburse the funds of the corporation on order of the Board of Directors. The Treasurer's account shall be audited annually by an auditor appointed by the Board of Directors.
Article V
SECTION 1 - Appointment of Committee Chairs
The President shall have authority to appoint with the approval of the Board of Directors the Chairman of Standing Committees and such special committees except the Nominating Committee as may be needed from time to time. Standing Committees shall be: Membership Committee, Deed Restriction Committee, Civic Affairs Committee, Social Affairs Committee, Pool Committee, Building and Grounds Committee. Standing Committee Chairmen select additional members for their committees.
SECTION 2 - Nominating Committee
A Nominating Committee of five members shall be elected by the Board of Directors two months prior to the election meeting in December and notice thereof shall be given to the membership. The Nominating Committee shall propose one or more candidates for each office to be filled at the election meeting; additional nominations may be made from the floor at the meeting. No person shall be nominated whose consent has not been previously obtained.
Article VI
SECTION 1 - Meeting Procedures
"Roberts Rules of Order" in its most recently revised edition shall govern the proceedings of this corporation in all cases to which they are applicable and in which they are not inconsistent with the Charter of these By-Laws.
Article VII
SECTION 1 - Amending Process
The By-Laws of this corporation shall be made, revised, altered or amended by a majority of the members of the corporation present and voting in person or voting by proxy at any regular or special meeting at which there is a quorum provided that a written notice setting forth such revision or amendment to be voted on shall have been mailed or delivered to the members at least ten (10) days prior to such meeting.
By-Laws originally adopted Feb. 12 1956
Amended Oct. 24, 1956
Amended Oct. 30, 1956
Amended Oct. 8, 1963
Amended April 4, 1972
BY-LAWS COMMITTEE
Edwin W. Chase
Frances Kraaymes
Ruthann Zielas