HMOA Articles of Association By-Laws


ARTICLE I


GENERAL

Section 1.   This organization will be incorporated under the laws of the state of California and shall be known as the HAYWARD MOBILEHOME OWNERS ASSOCIATION, Inc.

Section 2.   The HAYWARD MOBILEHOME OWNERS ASSOCIATION shall be nonprofit, nonpartisan, and nonsectarian.

Section 3.   PURPOSE. This association is organized to achieve the objectives of:

   a.1. Preserving and protecting the interests, lifestyles, and welfare of the mobilehomes, their families, and all bonafide residents of the mobilehome parks located in the City of Hayward.
   b. Creating a better understanding and appreciation of the contribution of mobilehome owners that is made to the community welfare and overall economy of the City of Hayward.
   c. Creating a more intelligent communication and climate with mobilehome park owners, and their representatives, to achieve mutual harmony and resolve differences of mutual concern.
   d. Creating citizen and general public awareness of local, county, state, and federal legislation's resolutions, and ordinances which may have an effect upon mobilehome ownership through the expression of public opinion and the voting franchise.
   e. Preventing controversies which are detrimental to the expansion and growth of mobilehome construction and lifestyles and take action to discover,
correct, and adjust all such controversies and abuses which can prevent the promotion of the welfare and growth of the mobilehome community.
   f. Advancing the general welfare and prosperity of Mobilehome residents as well as the overall community so that all areas of the county will prosper. All necessary means of promotion of programs of a civic, community growth, and cultural nature shall be provided with particular emphasis of those programs which are designed to increase the functional and economic values of the mobilehome community.

Section 4.   This organization is a sole entity within itself representing the welfare of the mobilehome owners and residents residing in the recognized, licensed, and established mobilehome parks in this county now and in the future. It is not affiliated in any manner whatsoever with any similar City or county group.

ARTICLE II

MEMBERSHIP

Section 1.   Membership in this organization will be limited to residents and their families living in mobilehome parks in the City of Hayward. It will include all individuals residing in those parks presently in existence or to be built or expanded in the future.

Section 2.   Application for membership can be verbal, written, or made on forms provided and signed by applicant. Membership shall not be denied to any one unless facts are brought forth and proven that granting the membership would be prejudicial to the aims and repute of this association. In this case, a hearing before the Board of Directors will be mandatory.

Section 3.   DUES. Membership dues shall be at such rate or rates, schedule or formula as may be from time to time prescribed by the Board of Directors.

Section 4.   VOTING. Each HMOA, Inc. member within each of the mobilehome parks will be entitled to cast one vote in their particular park to elect the 10 HMOA, Inc. members from their park to serve as HMOA, Inc. Representatives. It will be the responsibility of these ten representatives to select five of their number to be voting members. These five voting members designate will be entitled to cast one ballot in any general of special election called for and authorized by the association Board of Directors for the membership as a whole. The remaining five representatives will serve as alternate voting members, and they will also be available to assist in any in-park HMOA, Inc. responsibilities such as the distribution of flyers, membership chairperson, and registration of voters. This will be a two year (2) term with election held in May of even numbered years.*

ARTICLE III

MEETINGS

Section 1.   General membership meetings; special membership meetings; committee meetings; and Board of Director meetings of the association may be called at any time by the President or at the request of any member of the Board of Directors to the President. Circumstance, expediency and necessity will govern.

Section 2.   Individual board members may hold meetings of the membership in their particular mobilehome parks as deemed necessary without restrictions or need for approval of the officers and/or Board of Directors. Membership at such meetings will have the right to request that their representatives exercise the privilege of calling a meeting of the Board of Directors under Sec 1. of this article.

Section 3.   Appropriate notice will be given and published in sufficient time for attendance at all meetings.

Section 4.   Agendas of all meetings will be formulated by the President with advice, consent, and approval of the Executive Board with the exceptions
that particular park meeting agendas will be formulated by the association Board member representatives without further approval as outlined in Sec 2. of this article.

Section 5.   A 10 percent quorum of qualified members will constitute a forum at any duly called General or Special meeting. A majority of the Board of Directors present will constitute a quorum of the Board of Directors. A majority of committee members present will constitute a quorum of any Committee meeting.

Section 6.   Meetings shall be held every other month in each of the mobilehome parks within the city, and shall rotate in hosting the meetings to be held in their individual clubhouses. HMOA, Inc. officers will schedule and reserve the clubhouse dates well in advance and notify each park member of these dates also.

ARTICLE IV

BOARD OF DIRECTORS

Section 1.   COMPOSITION OF THE BOARD. The HMOA, Inc. Board of Directors shall be composed of the five (5) voting members from each of the mobilehome parks of the City of Hayward who must be members of HMOA, Inc. One person will be the chairperson of this group.

Section 2.   ALTERNATES. Alternates will only vote in the absence of the regular voting members. At other times, alternates will have no vote in Board
Meetings.

Section 3.   The members of the Board of Directors will serve at the will of the membership of their particular mobilehome parks as outlined in Sec 4, Articles II, and may be removed from office at any time by majority vote if the electing members of the particular park. In case of such removal, a new representative will be elected in accordance with Sec 4, Article II.

Section 4.   The government, objectives, and policy making responsibilities shall be vested in the Board of Directors, which shall control its property, be responsible for its finances, and direct its affairs.

ARTICLE V

OFFICERS

Section 1.   The officers of this association shall be: 1) PRESIDENT; 2) VICE-PRESIDENT; 3) SECRETARY; 4) TREASURER. These four officers will serve a two-year term. The elections will be held in May of each even numbered year. In addition to the Officers, the past president (which is limited to the first term in which a new president comes into office ) and a publicity chairman will form the Executive Board which will set the agendas and topics for the meetings.

Section 2.   The Board of Directors by majority vote shall elect the officers of this association. These officers shall serve at the will of the Board of Directors and may be removed from office at any time by a two-thirds vote of the elected membership of the Board of Directors. Vacancies occurring because of resignation, illness, or other circumstance will be filled by majority vote.

Section 3.   DUTIES AND RESPONSIBILITIES OF OFFICERS

    1. PRESIDENT:   The President shall have one vote in case of a tie only. The President will represent the Association as such and will turn over his or her responsibilities as a particular Park representative to the remaining permanent voting members from his or her park on the Board of Directors
. This will insure continuity of representation of all mobilehome parks.
      The President will serve as the executive head of the HMOA, Inc. and shall preside at all meetings of the membership and the Board of Directors. The President will perform such duties, responsibilities, functions, and assignments made and approved and consented to by Board of Directors.

    2. VICE-PRESIDENT:   The Vice-President will perform the duties and responsibilities in the absence of the President. The Vice-President will serve as an ex-offico member of all standing and other committees, assist in the selection of all chairpersons, and perform such assignments as may be made by the President.    

    3. SECRETARY:   The Secretary shall be responsible for keeping all records of the Association with the exception of financial records. The Secretary will be responsible for notifying all members of the Board of Directors of the date, time, and location of each meeting, and he/she will also keep and record the minutes of all meetings and will render promptly such reports as the President may request.

    4. TREASURER:   The Treasurer shall be responsible for the safeguarding of all funds received by the Association and for their proper disbursement. Such funds will be kept on deposit in financial institutions approved by the Board of Directors subject to checks signed by the President and the Treasurer, or in the absence of the President, it may be signed by the Vice President and Treasurer. A financial report will be presented at each meeting. The Treasurer will be responsible for keeping all financial records, and have reports available when requested by the Board of Directors.

ARTICLE VI

COMMITTEES

Section 1.  The standing committees of this Association will be:


   a. Membership Committee
   b. Audit/ Finance Committee (3 non-officers)
   c. Publicity Committee
   d. Legislative Committee

Section 2.   The duties and responsibilities of the standing committees will be as designated and assigned by the President with the consent and approval of the Board of Directors.

Section 3.   Special Committees will be formed as the need for them requires. They will be appointed by the Board of Directors. Sub-Committees may be formed in each particular park by the members and representatives on the Board of the particular park without the approval and consent of the Board of Directors of the Association. Each committee will chose their own chairperson.

ARTICLE VII

FINANCES

Section 1.   FUNDS. All funds paid the Association shall be placed in either the general operating fund.

Section 2.   Budget. The Board of Directors (Finance Committee) shall compile a budget of estimated and recurring expenses for the calendar year, and submit it for approval of the Board of Directors. Funds authorized will be drawn from the general fund as needed for payment.

Section 3.   DISBURSEMENT. Disbursements may be made from the general operating fund in accordance with the adopted calendar year budget in accordance with procedures outlined in Sec 2, C, Article V, without the necessity for additional approval of the Board of Directors. However, major disbursements of any nature exceeding three hundred dollars ($300) must be submitted for approval prior to obligation and /or disbursement. All disbursements will be made by check. Individual parks may apply to HMOA, Inc. for legal assistance providing the following procedures are followed:

   1. The requesting park shall inform the Executive Board of the situation giving rise to its cause of action as soon as it foresees the need for assistance.

   2. The requesting park must submit a written statement outlining the nature and details of the case, legal matters in issue, or potentially to be the issue, what has transpired to date, and what it expects to occur in the future. If a lawsuit is already underway, a copy of the complaint or any other relevant legal papers already on file should be included. In addition, the attorney should set forth the legal fees to date and the best estimate of what is expected in the future. The requesting park must also include details of arrangements the members have made to pay.

   3. Upon receipt the president will review the material and possibly may contact either the requesting park or its attorney for additional details, no later than one week after receipt. The President will make his (or her) report in writing concerning the matter to the Executive Board. The Executive Board will make its recommendation to the Board of directors. The decision will be made by the board of Directors who will notify the requesting park.

   4. An approved loan would be limited up to a maximum of $10,000, to be repaid within two years from the date of funding. ***

   5. Forms titled "Request for legal Assistance Funding" and "Application Assistance Agreement" will be required to be completed in full before the money is released.

Section 4.   The President will be furnished up to two hundred dollars (200) for out of pocket costs until a check can be issued. Milage expenses will be reimbursed at 40 cents per mile when authorized and approved by the president.

Section 5.   AUDIT. The finances and accounts of the Hayward Mobilehome Owners Association shall be subject to audit at any time. The time and place of such audit will be unscheduled and will be determined by the Board of Directors. The audit of the Association will be in accordance with the provisions of Local, State, and Federal laws and requirements. The audit committee will consist of 3 non-current officer members in good standing.

Section 6.   FINANCIAL RETURNS. The treasurer with the help and guidance of the President and/or other Board Members, will secure and prepare all forms and reports required by the IRS, Franchise Tax Board, and the Cal Attorney General's Office.

ARTICLE VIII

Section 1.   The current edition of ROBERTS RULES OF ORDER shall be the final source of authority in all questions of parliamentary procedure when these rules are not consistent with the Articles of Association and By-Laws.

ARTICLE IX


Section 1.   The Association shall use its funds only to accomplish the objectives and purposes specified in these BY-Laws, and no part of said funds shall inure, or be distributed, to the members of this association and/or to the Board of Directors. On dissolution of the Association, any funds remaining shall be distributed to one or more regularly organized and qualified charitable, educational, scientific, or philanthropic organizations to be selected by the Board of Directors in final session. 




HAYWARD MOBILEHOME OWNERS ASSOCIATION, Inc.  AMENDMENTS TO THE BY-LAWS

 *
March, 2004

       As we were experiencing a critical monetary shortfall resulting from the initial decision in 1979 to offer $5.00 lifetime memberships, the membership of HMOA voted to change memberships from lifetime to $5.00 per household per year.  We also added that any amount contributed, in addition to the initial $5.00 membership amount, would be placed into the HMOA, Inc. legal fund.   
   
  ** July, 2010 

    Due to the change in demographics in the Hayward Mobilehome Community over the past several decades (i.e. the conversion of four of our parks from senior to all-age and other factors), it is necessary to amend several of our by-laws.  As some of our parks have been unsuccessful in sending their five required voting delegates to election and special meetings, the entire Hayward Mobilehome Owners Association, Inc. membership in attendance will vote. This change allows HMOA, Inc. to adhere to the established election schedule.

***February, 2018

 Due to the increase in legal fees required for disputes with park owners, HMOA, Inc. increased funding from $5,000.00 to $10,000.00 with a two year repayment. However, the Executive Board can extend the loan repayment.