Mingo Estates Civic Association

Our Constitution & Bylaws

Adopted 5/21/1973, Amended 5/23/2000

MINGO ESTATES CIVIC ASSOCIATION INC.
CONSTITUTION

ADOPTED May 21, 1973
* Amended 5-23-2000

ARTICLE I
* Article I. Name, Purpose and Powers

*Section 1 This Constitution represents a compilation of the rules adopted by the Mingo Estates Civic Association, Inc., (the "Association") of Violet Township, Fairfield County, Ohio for the regulation and management of its affairs.

*Section 2 The Association will have the purposes or powers as stated in the body of the Constitution, and whatever powers are or may be granted by the Nonprofit Corporation Law of the State of Ohio or any successor legislation.

*The primary purpose of this Association is to provide for the governance of the "Mingo Estates Subdivision" located in Violet Township, Fairfield County of Ohio and to effectuate the declarations of the restrictive covenants. The Association shall have those powers as established and set forth in the Constitution and as set forth in any declaration of restrictive covenants related to the Mingo Estates Subdivision, whether as currently in existence or as amended.

Article II. Membership

*Section 1 The landowner(s) of each lot in Mingo Estates Subdivision are members of this Association. Improved lot defines "a lot on which has been constructed a single family residence." "Mingo Estates Subdivision" shall include future platted and developed sections of Mingo Estates, located in Violet Township (Sec. 1), Fairfield County, and Ohio.

*Section 4 Ownership of more then one (1) improved or unimproved lot in Mingo Estates subdivision by any individual, group, family, partnership, company, association, or corporation does not convey the rights, privileges or obligations of more then one (1) membership.

Section 5 The right to hold office in this association as either an officer or member of the Board of Trustees is restricted to residents of Mingo Estates Subdivision who are members in good standing of this association.

*Section 6 The right to vote at general meetings is restricted to members in good standing qualifying under Section One and/or Section Four. The vote may be exercised by: any record owner of said lot(s); spouse of record owner should record owner be deceased; or any individual designated in writing by any such record owner (proxy).

*Section 7 Members may vote by absentee ballot by tendering their ballot in a sealed envelope to the Association Treasurer or designate prior to the close of voting at the annual meeting. The envelope must be sealed, signed by the voting member and must state the address of the owned property. Upon receipt, the treasurer or designate will validate the member’s right to vote. All eligible absentee ballots will then be opened and counted along with the ballots cast at the annual meeting.

*Section 8 Each membership extended to an individual, group, family, partnership, company, association or corporation under Section One of this Article II shall have but one vote. Half votes may be cast, as in the case of joint ownership, however shall be limited to two (2) half votes per membership.

ARTICLE III
Dues
Section 1 Dues in the amount of $10.00 per year shall be assessed each membership as classified in Article II, Section 1.

*Sections 2 and 3 are hereby amended by deletion as are no longer applicable.

*Section 4 Dues shall become payable on or before April 1st of the dues year. Dues are payable for each lot in Mingo Estates only once per year, regardless of a change in the lot owner during the dues year. New memberships received during the first six (6) months, January through June, will be assessed dues for the full calendar year. New memberships received during the last six (6) months, July through December, will be assessed one-half of the annual dues for that specific calendar year.

Section 5 Memberships delinquent in payment of dues shall not be considered in good standing.

*Section 6 To become reinstated as a member in good standing, dues assessed for the current year plus all dues in arrears owed by the current lot owner(s), unless dues in arrears are waived by the Board of Trustees, shall be paid in full.

*Section 7 The Board of Trustees of the Association shall have the power to bring before the Association membership requests for special assessments in the event of emergency conditions requiring expenditure of funds not available in the Association treasury. Such special assessments shall require an affirmative vote of at least two-thirds (2/3) of the members voting in person, by absentee ballot or by proxy at any general meeting at which any such request for a special assessment is presented. At least thirty (30) days notice shall be given prior to any vote.

ARTICLE IV
Government

*Section 1 All authority to manage to affairs of and to conduct the business of this Association shall be vested in a Board of Trustees consisting of not less than three (3) nor more than ten (10) members, elected or appointed pursuant to Article VI below.

*Section 2 All Board of Trustee members, except those appointed by the President, shall be elected by the general Association membership to serve two (2) year terms. Appointee(s) terms shall coincide with the current president’s term.

*Section 3 The Board of Trustees shall consist of a President, Vice President, Secretary and Treasurer. These offices may be combined or terms extended should there be no available or qualified individuals to assume said duties. Combining offices or extending terms require a vote of the Board of Trustee members.

*Section 4 The president shall have the authority, with a majority approval of the Board of Trustees, to create from its membership or from the Association membership at large, such standing committees and temporary committees as are necessary for the orderly conduct of the business of the Association. The President reserves the right to appoint a committee chairperson to serve on the Board of Trustees. The appointed chairperson’s term is to coincide with the term of the appointee President.
Section 5 The Board of Trustees shall have full authority to do all things necessary to keep the association in an operating condition, including, but not limited to, the formulating and passing of resolutions deemed necessary to promote civic improvement and voice the views of the association, the conduct of fund raising activities in the interest of the community, the employment of counsel, and the expanding of the funds of the association as in their judgment is necessary and proper.

Section 6 All actions taken by the Board of Trustees shall be considered as final and binding on the association membership at large subject to the right of petition within 30 days as specified in Article X, Section 3.

Article V
Meetings

*Section 1 An open meeting of all members of the Association shall be held once each year during the month of May. This meeting shall be known as the "annual" meeting.

Section 2: Additional general meetings of the association may be called by resolution of the Board of Trustees or by petition to the Board of Trustees or by petition to the Board by 20% of the full voting membership of the association.

*Section 3 The Board of Trustees shall meet a minimum of one time during each month except for the months of June and July.

*Section 4 Additional meetings of the Board of Trustees may be called by the President or by petition of any two (2) board members.

Section 5 All members present either in person or by proxy shall constitute a quorum for conducting business at a general meeting of the association.

*Section 6 Unless specified otherwise, three (3) members of the Board of Trustees shall constitute a quorum for conducting business at a meeting of the Board of Trustees.

Section 7 Roberts Rules of Order shall govern the conduct of business at all meetings of the association and/or the Board of Trustees except as herein provided.

*Section 8 Written notice of any general meeting of the Association shall be made by mail or personal delivery to the last known address of each voting member. Said notice will be postmarked or delivered a minimum of thirty (30) days prior to said meeting and no more than forty-five (45) days prior to said meeting. Notice of any such meeting may be provided through the Mingo Estates newsletter, presently known as "The Mingo Pow Wow". Any such notice shall describe the issues to be voted upon at any such general meeting.

*Section 9 is hereby amended by deletion as is no longer applicable.

ARTICLE VI
Election of Trustees and Officers

*Section 1 As warranted in any given year, the president shall appoint a nominating committee consisting of not less than three (3) Association members in good standing.

Section 2 The nominating committee shall be responsible for selecting a slate of candidates of at least one but not more than three to fill each pending vacancy on the Board of Trustees. The nominating committed shall be responsible to insure the selected candidates will meet the requirements for serving as Trustees and officers of this association. The slate of candidates shall be submitted to the Board of Trustees in time to allow preparation of ballots to be included with the written notice of the annual meeting of the association.

Section 3 Voting for the Trustees shall take place at the annual meeting. Ballots may be cast by all-voting members attending the annual meeting or by proxy/absentee ballot. To cast an absentee ballot, it must be returned to the association secretary prior to the close of voting at the annual meeting in a sealed envelope signed on the outside by the voting member. Absentee ballots shall be opened and counted along with the ballots cast at the annual meeting.

Section 4 At the first meeting following the annual meeting of the association, the Board of Trustees shall conduct an election for new association officers. The current president shall preside over the election.

*Section 5 Nothing herein shall restrict any trustee or officer from serving two continuous successive terms provided that he or she remains qualified. No officer, however, may serve more than two (2) successive terms unless there is no available, qualified individual to assume said office.

Section 6 Vacancies on the Board of Trustees by reason of resignation, death, or expulsion shall be filled by appointment of the president with a confirming vote of two-thirds of the remaining board members.
The president shall not vote on confirmation of said appointment. If a vacancy occurs in the presidency, the vice-president shall assume the presidency and appoint a replacement Trustee with a confirming vote of two-thirds of the remaining board members. The vacant vice-presidency thus created and vacancies occurring in any other office shall be filled by a special election presided at by the president.

*Section 7 With just cause an officer of this Association may be removed from office by a petition signed by fifty-one percent (51%) of the full voting membership of the Association. The President reserves the right to appoint a committee chairperson to serve on the Board of Trustees.

ARTICLE VII
Duties of the Board of Trustees

Section 1 The duties of the Board of Trustees shall include, but, are not limited to, such activities as are required to maintain the association in a sound financial condition, to engage in necessary fund raising activities for the maintenance and development of the association, and to develop policies within the community to assist its advancement.

*Section 2 The Board of Trustees shall maintain an accurate list of Association members and the status of each. The Board of Trustees shall publish a directory of Association members, a minimum of every two (2) years, to be distributed to all members in good standing.

Section 2 The Board of Trustees shall maintain an accurate list of association members and the status of each.

Section 3 The Board of' Trustees shall publish a minimum of four newsletters each year to be distributed to all members.

ARTICLE VIII
Duties of Officers

*Section 1 President: The President shall preside at all meetings of the members and Board and have the general supervision over the business and affairs of the Association, and such officer shall be chief executive of the Association. The President shall make an annual report covering the business of the Association for the year and recommendations for the ensuing year.

Section 2 Vice-President: The vice-president shall assume and discharge the duties of the office of president in the absence of or disability of the president, or when called upon by the president to perform said duties.
In case both president and vice-president are absent or unable to perform their duties, the members of the Board of Trustees as the case may be, may appoint a president pro tempore.

*Section 3 Secretary: The Secretary shall keep minutes of all proceedings of the members, all proceedings of this Association and make a proper record of the same, which shall be attested by him or her. The Secretary shall keep such other books as may be required by the Board of Trustees and/or the Association and shall be custodian of all records, documents, and the seal of the Association. He or she shall attend to the giving and serving of all notices required by these regulations of the Board of Trustees and shall perform such other duties as are incident to his or her office or are properly required of him or her by the Board of Trustees.

*Section 4 Treasurer: The Treasurer shall have charge of all finances and see that they are safely deposited in a local bank approved by the Board of Trustees and shall report at each meeting of the Board of Trustees and the meetings of the Association with conditions of the finances of the Association with such recommendations as he or she may deem necessary for raising funds with which to carry on the activities of the Association. The Treasurer shall be responsible for formulating an annual budget of the Association and shall be responsible for the collection of the annual dues of the Association. Checks shall be prepared by the Treasurer and signed by the two (2) officers on record at the participating bank i.e., President and Treasurer.

ARTICLE IX
Amendments

Section 1 This code of regulations may amended at any general meeting of the association by a two-thirds majority vote of the members voting either in person or by proxy/absentee.

*Section 2 All proposed amendments shall be submitted in writing to the voting membership a minimum of thirty (30) days prior to the general meeting at which time voting is to take place.

ARTICLE X
General

*Section 1 Nothing herein shall restrict the right of the membership of this Association from nominating and/or appointing committees to investigate, consult with or negotiate with the Board of Trustees upon matters of interest to the membership.

Section 4 This organization shall not endorse or encourage endorsement of persons engaged in township, county, city, state or national politics, nor shall the monies of the treasury be used in any manner or form for such political endeavors.

*Section 5 This Corporation shall not allow the monies in the treasury to be spent for anything other than furthering the purposes of the corporation, as said purposes are set out herein.

Section 6 This Constitution and By-Laws shall become effective upon a majority vote of the organizing members and after receipt and certification of the Articles of Incorporation by the Secretary of State.

*This Amended Constitution will be effective upon a two-thirds (2/3) affirmative vote of the qualified voting membership as provided by Article IX above and shall be attached and incorporated into the Constitution first adopted on May 21, 1973.

*All books, records, and papers of the corporation, including the Articles of Incorporation and Constitution, shall, during reasonable business hours, be subject to inspection by any member, subject to reasonable rules concerning notice and care with which said books, records, and papers may be examined, which rules may be established and amended from time to time by the Board of Trustees. Copies of any record, document, or instrument to the corporation may be purchased by a member at such reasonable cost as from time to time established by the Board of Trustees.

*Section 7 Upon dissolution of this Association and, after payment of all liabilities of this Association, should any residual assets remain in said treasury, it is to be donated to a charitable, educational or exclusively scientific purpose.

*Article XI. Maintenance of Property
*In conjunction with, and in addition to, the protective covenants of the Mingo Estates subdivision, which protective covenants are of record with the Fairfield County Recorder’s office as follow:
*Mingo Estates Section One (1), Plat Book Eight (8), page 54; Mingo Estates Section Three (3), Plat Book Eight (8), page 99; Mingo Estates Section Four (4), Plat Book Eight (8), page 131; Mingo Estates Section Five (5), Plat Book Nine, Page thirty-four (34); Mingo Estates Section Six (6), Plat Book Nine (9), page 59; Mingo Estates Section Seven (7), Plat Book Nine (9), page 88; Mingo Estates Section Eight (8), Plat Book Ten (10), page seventeen (17); and Mingo Estates Section Nine (9), Plat Book Ten (10), page sixty (60).

*In furtherance of the general plan for the maintenance, conservation, and beautification of all property located in Mingo Estates, and for the health, comfort, safety and general welfare of the residents and lot owners of Mingo Estates, the following additional regulations are enacted:

*Section 1 The ground floor areas of the main structure, exclusive of open porches or garages, shall have a minimum livable floor area of one thousand, two hundred (1,200) square feet, plus attached garage.

*Section 2 No residence shall be located on any lot nearer than sixty (60) feet from the center of the street, or nearer than ten (10) feet to the sidelines. Every such house erected in said addition shall be set a minimum of eighteen (18) inches above the street curb level. For the purposes of this covenant, eaves, steps and open porches shall not be considered as a part of the building provided, however, that this shall not be construed to permit any portion of the building on a lot to encroach upon another lot.

*Section 3 The lot hereinbefore described and as platted and recorded shall be used for private residence purposes only. No lot shall hereinafter be subdivided into additional lots. No dwelling house shall be erected on said lot which shall not be in keeping with other existing houses in said addition. No pre-fabricated house or trailer shall be erected or maintained on said lot.

*Section 4 Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded plat map.

*Section 5 No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood.

*Section 6 No animals or livestock of any kind shall be raised, bred, or kept on any lot, including the breeding of dogs, except, however, that dogs, cats, or other household pets may be kept provided that they are not kept, bred, or maintained, for any commercial purpose and do not pose as offensive or disruptive to the neighborhood. All dog owners must assume full responsibility for restraining their dogs from barking. All dogs must be confined to the owner’s property except when being walked at which time said dog(s) must be leashed, restrained from neighborhood lawns, and the "pooper scooper" process must be practiced.

*Section 7 No lot shall be used or maintained as a dumping ground for rubbish or trash. All houses constructed on said premises shall be equipped with an electrically operated garbage disposal connected with and drained into the sanitary sewer serving the same. No outside incinerators or trash burners shall be installed or operated.

*Section 8 No individual water supply system shall be permitted on any lot unless such system is located, constructed and equipped in accordance with the requirement, standards and recommendations of the public health authorities having jurisdiction. Approval of such systems as installed shall be obtained from such authority.

*Section 9 No individual sewage disposal system shall be permitted on any lot unless such system is designed, located, and constructed in accordance with the requirement, standards and recommendations of the public health authorities having jurisdiction. Approval of such system as installed shall be obtained from such authority, prior to operation of said system.

*Section 10 There exists in the Mingo Estates subdivision a non-profit corporation, incorporated under the laws of the state of Ohio, known as Mingo Estates Civic Association, Inc. The owner(s) of every lot in Mingo Estates Subdivision shall automatically become a member of said Association and remain a member for the duration of his or her ownership of said lot. Each subsequent owner of any lot or lots in the Mingo Estates Subdivision shall automatically become a member of said Association upon acquiring title, which membership shall continue for the duration of his or her ownership of said lot or lots.

*The purpose of the above said Association shall be to promote the common community welfare of every kind and nature required or desired within the subdivision for the general use and benefit of present and future lot owners of Mingo Estates. Upon acceptance of delivery of a deed or contract for any lot in Mingo Estates, each and every lot owner shall automatically agree to be subject to the obligations and duly enacted Constitution of the Mingo Estates Civic Association, Inc., and each such owner shall be entitled to one (1) vote on each matter submitted to a vote of members for each lot owned by him or her, provided, however, that where title to a lot is in more than one person, such co-owners acting jointly shall be entitled to one (1) vote.

*Section 11 The Association, by vote of two-thirds (2/3) of its members, may adopt such reasonable rules and regulations as it may deem advisable for the maintenance, conservation, and beautification of the property, and the health, comfort, safety, and general welfare of residents on said property; and all parts of said property shall at all times be maintained subject to such rules and regulations.

*Section 12 No surface water, storm drainage, roof drains, or any source other than sanitary facilities of the dwelling erected on any lots herein shall be attached to or allowed to drain into the sanitary sewer facilities serving the lots in the subdivision. Every residence unit erected on a lot in the subdivision shall include in its construction the installation of a sump pump for the drainage of footer drains and other water and the discharge of said sump pump shall be delivered to the storm drain ditch at the roadway upon which the lot fronts.

*Section 13 No sanitary facilities or wastewater facilities, such as washtubs, shall be allowed to drain into the sump of any house or dwelling unit or be discharged through said sump pump drainage facilities.

*Section 14 Each owner of any lot or lots in the Mingo Estates subdivision accepts the same subject to all restrictions, conditions, covenants, reservations, and easements, and all said restrictions, conditions, covenants, reservations, rights, benefits and privileges of every character created or reserved, and all impositions and obligations hereby imposed shall run with the land and bind every owner of any interest therein and insure to the benefit of such owner, in like manner as though the provisions of these protective Covenants were recited and stipulated at length in each and every deed of conveyance.

*Section 15 All restrictions, covenants, conditions, agreements and other provisions herein contained shall be deemed subject to and subordinate to all mortgages now or hereafter executed, encumbering any of the real property herein described; and none of said restrictions, covenants, conditions, agreements or other provisions shall supersede or in any way reduce the security or affect the validity of any such mortgage.

*It is distinctly understood and agreed, however, that if any portion of said property is acquired in lieu of foreclosure or is sold under the foreclosure of any mortgage or under any judicial sale, any purchaser at such sale, his heirs, successors or assigns shall hold any and all property so purchased or acquired subject to all of the restrictions, covenants, conditions, agreements and other provisions of this Constitution.

*Section 16 A violation of any of the rules and regulations adopted by the Mingo Estates Civic Association may be enjoined as herein provided.