Member of Manufactured Home Owners of America
Updated August 31, 2010  ----Today Is:

BYLAWS

(Revised February 19, 2009)

ARTICLE I - Name 

The Association shall be known as the Delaware Manufactured Home Owners Association, Inc. (DMHOA), incorporated in the State of Delaware March 10, 1983, originally as Sussex County Manufactured Housing Tenants Association. 

ARTICLE II - Mission

Section A - Purpose

To educate and inform our members, our public servants and the general public, and to work for legislative and legal remedies to protect and strengthen the rights of everyone who lives in manufactured housing on leased land in Delaware.

ARTICLE III - Membership

Section A - Eligibility

A person is eligible for membership in DMHOA if he/she is an owner of a manufactured home, which is situated on leased land in a manufactured home community.  See the new Chapter 70 “Definitions” h, k, l, p, and t.

Section B - Types of Membership

1.  Community association membership, where a member community association is a formal home owners association, organized within one or more manufactured home communities and consisting of officers and members, which has been accepted as a member association within DMHOA and which is current with respect to DMHOA dues.

 

2.  Individual membership, where the individual may be any one of:

a)  a regular member, which includes all members of each member community association in good standing in DMHOA.  Regular members are represented by their community president or delegate;

b)  an associate member at large who is a home owner in a community that is a member of DMHOA, but who wishes to participate more directly in DMHOA functions and to support it in a special manner.  Associate members at large are represented by their community president or delegate;

c)  a member at large who is a homeowner in a community that is not a member of DMHOA.  Members at large may participate in all DMHOA functions. 

3.  Eligibility Restrictions of Membership

a)  DMHOA reserves the right to deny membership, either joint or individual, on the  

basis of “conflict of interest” such as employment by a management company of a           manufactured housing community, property owner of a manufactured housing community or any subsidiary thereof, in order to protect the rights of the association as a whole, to fulfill the duties, responsibilities and purposes of the association.

b)  Restrictions because of community ownership would not apply to Resident Owned Communities such as ROC’s and other exceptions as determined by DMHOA.

Section C - Dues

1.  Community associations shall pay:

a)  a one-time application fee of $ 25.00;

b)  and community dues shall be in an amount determined by the Board of Directors, due January 1st of each year, based on a rate of no less than $3.00 per HOA household.

2.  Members at large shall pay annual dues of $20.00 for one year, or $28.00 for two years, or $35.00 for three years, payable January 1st.

Section D - Termination of Membership

A community association may voluntarily terminate its membership in DMHOA at any time in accordance with its own bylaws without reason or explanation simply by notifying in writing the President of DMHOA.  Members at large may voluntarily terminate their membership at any time without reason or explanation.  DMHOA reserves the right to terminate a community association membership for failure to pay annual dues and/or lack of participation in DMHOA.  Said termination would have to be approved by action of the Board of Directors.

Section E - Voting

In the Board of Directors only one vote shall be cast per president, alternate or designated representative from a community association.  Those who represent more than one community get one vote per community.

Section F - Nature of Votes

In general meetings a voice vote shall be considered advisory only.  Written ballot results shall be binding.

ARTICLE IV - Officers

Section A - Elected officers, directors, and appointed chairpersons

1.  Officers of DMHOA shall be the elected President, Vice President, Secretary, and Treasurer, and appointed officers which shall include the Sergeant at Arms and the Public Relations / Communications officer as approved by the Board of Directors.

2.  The President of DMHOA must have held elected office in his or her own community or in DMHOA. The Vice President, Secretary, and Treasurer must hold current membership in DMHOA.

3.  Board of Directors of DMHOA shall be the presidents or designated representatives of the member communities, chosen in accordance with their own bylaws.

4.  The President shall have authority to appoint delegates or county chairs, or regional representatives, including regional members at large coordinators, to conduct the day by day affairs of DMHOA within their region or area.

5.  Each such representative shall be a resident of that region or area, an elected officer of their local association whenever possible, or a member at large.

Section B - Terms of Office

1.  The term of office for all officers and directors shall be two years, and they may succeed themselves.

2.  All persons shall serve on a voluntary basis, without remuneration.

Section C - Elections

1.  Election of officers shall be conducted on a biennial basis in the following manner;   nominations to take place in November, elections and installations to take place in the following January.

2.  Unfilled terms of officers and directors shall be filled by appointment made by the Board of Directors.

3.  Any officer or director who is unable to fulfill their duties, or misses three consecutive meetings without just cause shall resign or be subject to removal at the direction of the Board of Directors.

Section D - Duties of Officers

President

a)  preside at all Association and Board of Directors meetings;

b)  appoint all chairpersons;

c)  be an ex officio member of all committees except the Nominating Committee;

d)  make recommendations to the Board of Directors;

e)  vote only in case of a tie;

f)  represent DMHOA on all matters of interest to the membership;

g)  promote the good and well being of the Association.

 Vice President

            a)  act for and with the authority of the President when he / she is absent;

            b)  perform duties assigned by the President;

            c)  serve as a member of the Steering Committee.

 Secretary

a)      serve as the Association recorder and keeper of the Association’s records, documents

      and files.  Maintain such records in an orderly manner useful to the association and

      his / her successors;

b)  unless otherwise designated by the President, notify all members of meeting times, places, and agendas;

c)   receive, send, record, and distribute as appropriate all association mail or other forms of communication and correspondence unless otherwise delegated by the Board or the President;

d)   serve as next in line of authority to the President and Vice President and act in their stead when both are indisposed simultaneously;

e)  serve as a member of the Steering Committee.

Treasurer

a)  receive and record all financial transactions in ledger form as authorized by the Board;

b)  maintain Association checking account(s), prepare checks, and obtain other signatures prior to disbursement.  All payment checks must be signed by two Association officers;

c)  maintain financial records in a manner that accurately reflects the financial status of the Association;

d)  maintain the financial records in historical format sufficient to facilitate preparation of annual budgets if mandated by the Board;                                                  

e)  conduct a continuing review of revenues and expenditures to identify areas where economies are necessary or possible in order to optimize use of resources;

f)  make financial records available for annual audit or review to the President or members of the Board of Directors upon request, and submit a financial report  at each general meeting;

g)  serve as a member of the Steering Committee.

ARTICLE V  - Meetings

Section A - Annual Meeting

1.  The annual meeting of DMHOA shall take place on or about the last Monday of January, concurrent with the usual monthly meeting.

2.  Annual reports will be given at this meeting by the President, Treasurer, and committee chairpersons.

3.  In alternate years, the association elections shall also take place at this time. Newly elected officers and directors shall take office at once, or if they should not be present, as soon as possible.

4.  Should newly elected officers not be present, the incumbent officer shall continue in office until the newly elected officer is able to assume office.

Section B - Regular Meetings

1.  Regular (monthly) meetings shall be held on or about the last Monday of each month at a                     location and time to be determined by the President.

Section C - Special Meetings

Special meetings may be called at the discretion of the President.  These meetings shall be tailored to best serve the nature of the situation calling for the meetings, and no other business shall be acted upon.

Section D – Steering Committee Meetings

Meetings of the Steering Committee shall be held at the call of the chair.

Section E - Board of Directors meetings

Meetings of the Board of Directors may be called at any time by the President, but shall be held no less than quarterly.

Section F - Quorums

The quorum necessary shall be one-third of all Presidents or their representatives who are present.  For the annual meeting, however, the number of officers present must be at least equaled by the number of presidents and representatives of the member community associations.

Section G - Area or Regional Meetings

Area or regional vice presidents or delegates shall, as needed, conduct monthly area or regional meetings. 

ARTICLE VI - Board of Directors

Section A - Composition

The Board of Directors shall be composed of the President, the immediate past President, the officers, and the presidents of the local member associations or their designated representatives.

Section B - Duties

1.  Confirm the actions of the President and the Steering Committee that took place in the intervals between meetings to establish broad, long-term policy as to negotiation goals, desirable legislation, and the general direction of the Association.

2.  Fill vacancies that may occur in officers’ positions between annual meetings, based on recommendations of the Nominating Committee.

ARTICLE VII - Steering Committee

Section A - Composition

The Steering Committee shall consist of the President, Vice President, Secretary, Treasurer, and others appointed by the President.

Section B - Purpose

1.  To conduct the day-by-day business of the association.

2.  To assist the establishment of local associations, offering help and advice.

Section C - Meetings

Meetings of the Steering Committee shall be subject to the call of the chair. 

ARTICLE VIII - Parliamentary Authority

Section A - “Robert’s Rules”

1.  Robert’s Rules of Order (Newly Revised) shall govern meetings of the Association in all cases for which they are applicable and in which they are not inconsistent with these bylaws, and any specific rules of order DMHOA may adopt.

2.  The Parliamentarian shall be the Secretary, or any other person nominated by the President and approved by the Board of Directors.

ARTICLE IX - Indemnification

All officers, committee members and others who work for DMHOA on a voluntary basis shall do so without personal liability, and DMHOA shall indemnify such persons from all claims or courses of actions whatever.

ARTICLE X - Amendment of Bylaws

These bylaws may be amended by a 2 / 3 vote of the Board of Directors present and voting, and any amendments shall be published to local member associations and members at large at the next regular meeting.  Properly signed and dated “proxy” votes from presidents not in attendance will be accepted as valid in constituting a “quorum” or on a vote by the members present.  Proxy votes may designate the desired vote of the absent president, or, if no preference is indicated, the current President of DMHOA will cast the vote as he/she may wish.