Member of Manufactured Home Owners of America
Updated December January 19, 2012 ----Today Is:

DELAWARE MANUFACTURED HOME OWNERS ASSOCIATION

16401 COASTAL HIGHWAY
LEWES, DE 19958

BYLAWS

(Revised February 19, 2009)(Revised April, 2011)(Amended by Board of Directors, May 19th, 2011)

ARTICLE I - Name

The Association shall be known as the Delaware Manufactured Home Owners Association, Inc. incorporated in the State of Delaware February 6, 2002, herein after, referred to as DMHOA.

ARTICLE II - Mission is as stated in Section A - Purpose

Section A - Purpose
To educate and inform our members, our public servants and the general public, to protect and strengthen the rights of all who live in manufactured housing on leased land in Delaware.

a.) To provide representation, input and information on manufactured homes, environmental concerns, legislative matters and any other matters that may be of concern and interest to the membership.

b.) To encourage DMHOA members and communities and management/owners, to maintain and improve the quality of life in the community through charitable, educational and recreational activities.

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, as defined in Delaware Title 25, chapter 70 -s 7003.

Section B - Types of Membership:

1. Community membership: where a member community association is a formal home owners association, organized to represent only one manufactured home community, 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) 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) 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.

**d.) Manufactured Homeowner: owner of a manufactured home, which is situated on leased land but is not located in a manufactured home community.

** C. Eligibility / Restrictions of Membership
1. DMHOA reserves the right to deny membership, either joint or individual, on the
basis of “conflict of interest”, for example; employment by a management company of a manufactured housing community, property owner of a manufactured housing community or any subsidiary thereof, or any real or potential familial relationship to a property owner, in order to protect the rights of the association as a whole, to fulfill the duties, responsibilities and purposes of the association.

2. DMHOA reserves the right to deny to any individual and/or group, the privilege of membership, by a majority vote of the Board of Directors.

Section D - Dues & Fees
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 March 31st and October 31st of each year, to allow for changes or additions occurring after March 31st, based on a rate of no less than $3.00 per HOA member. A complete list of paid members and total membership count shall be included with dues submission.
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 annually.

3. Dues are non-refundable.

Section E - Termination of Membership
1. 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.

2. Members at large may voluntarily terminate their membership at any time without reason or explanation.

3. DMHOA reserves the right to terminate a community association or an individual membership for failure to pay annual dues and/or lack of participation in DMHOA. Said termination would have to be approved by a majority vote of the Board of Directors.

**4. Termination for "just cause" may also be determined by a majority vote of the Board of Directors.

Section F - Voting
1.In the Board of Directors only one vote shall be cast per president, alternate or designated representative from a community association. A designated representative, must have a signed letter from the HOA President, on file with DMHOA. *See Amendment

Section G - Nature of Votes
1.In general meetings a voice vote shall be considered advisory only. Written ballot results, as a result of presidents meeting or an email ballot returned to the President of DMHOA, shall be binding. *See Amendment

ARTICLE IV - Officers

Section A - Elected officers, directors, and appointed chairpersons
1. Officers of DMHOA shall be the elected President, Vice President,Co-Secretaries, and Co-Treasurers, and appointed officers, including the Sergeant at Arms and the Public Relations / Communications officer, as appointed by the President.

2. The President of DMHOA must have held elected office in his or her own community or in DMHOA.

3. The Vice-President, Co-Secretaries and Co-Treasurers must hold current membership in DMHOA.

4.. Board of Directors of DMHOA shall be the presidents or properly designated representatives of the member communities, chosen in accordance with their own bylaws.
5. The President shall have the 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.
6. 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.

7. An Executive Board will be established by a majority vote of the Board of Directors, comprised of the Officers of DMHOA and members of DMHOA, in good standing, as appointed by the President.

a, The Executive Board is to assist the Board of Directors and the President in achieving the goals of this organization.

b. Their term of office shall be concurrent with the Presidents' and they may be re-appointed.

c. The President may also appoint, separately, an advisor to the Executive Board .

d. A Executive Board member may be replaced at any time by the President. Any replacement of an Executive Board member or advisor must be approved by a majority vote of the Board of Directors.

Section B - Terms of Office
1. The term of office for all officers 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 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 or be subject to, removal by direction of a majority vote of the Board of Directors.

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 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 as assigned by the President.

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.

Co-Treasurers:
a) receive and record all financial transactions in a backed-up computer system 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 audit and review to the President or members of the Board of Directors upon request, and submit a financial report at each general meeting.

ARTICLE V - Meetings of the General Membership

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.

Section B - Regular

Meetings

1.Monthly membership meetings shall be held on or about the last Monday of each month at location and time to be determined.

Section C - Special Meetings and/or Emergency meetings of the Association
1. Special meetings may be called at the discretion of the President. No other business shall be discussed or acted upon. Whenever possible, the subject matter will be publicized in advance.

2. Emergency Meetings may be called at any time at the discretion of the President. If possible, the subject matter may be publicized in advance.

Section D - Board of Directors Meetings:
A meeting of the Board of Directors may be called at any time by the President, but shall be held no less than quarterly.

Section E - Voting requirements -

1. Any vote shall be binding based on two-thirds of all Presidents or their properly designated representatives who are present and voting.

2. For the annual meeting, however, the number of officers present must at least be equaled by the number of presidents or properly designated representatives of the member community associations.

Section F - 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

1. The Board of Directors shall be composed of the President, the immediate past President, in an advisory capacity for one year, the officers, and the presidents of the local member associations or their properly designated representatives.

2. It is the responsibility of the President of every Home Owners Association, (herein after referred to as HOA) to notify DMHOA of the current officers of their associations and any subsequent changes within a ten day period of said changes.

Section A - Duties:

1. Confirm the actions of the President and the Executive Board, 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, whenever necessary.
2. Fill vacancies that may occur in officers’ positions between annual meetings, based on recommendations of the Nominating Committee.

ARTICLE VII - Parliamentary Authority

Section A - “Robert’s Rule”
1. Robert’s Rule 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 VIII - Indemnification

1. 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 IX - Amendment of Bylaws

1. These bylaws may be amended by a 2 / 3 vote of the Board of Directors, and all amendments shall be made available to member associations and members-at-large by:

a. Web site - dmhoa.org.

b. newsletter to members-at-large

c. regular monthly meetings, following any changes

d. email or Capital mail when determined to be necessary.

Amendments: The following amendments were made to the Revised By-laws by the Board of Directors by a majority vote on May 19th, 2011.

Article III -

Section F - Voting

In the Board of Directors only one vote shall be cast per president, alternate or designated representative from a community association. Authorization for a designated Representative to the Board Of Directors may be in the form of an email or a signed letter from the President of the respective Home Owners Association.

Section G - Nature of Votes:

In general meetings a voice vote shall be considered advisory only. Written ballot results, as a result of presidents meeting or an email ballot, shall be returned to any DMHOA officer and/or the DMHOA office and shall be binding.