BYLAWS OF THE TOP OF THE MOUNTAIN ASSOCIATION,INC
Coolbaugh Township, Pennsylvannia
TOMA
PO BOX 658
Tobyhanna, PA 18466-06
The Top of the Mountain Association ( toma ) is a non-profit perpetual corporation in the Commonwealth of Pennsylvania. Originally adopted May 19, 1968.
Bylaws revised and amended; July 7, 2004; November 19, 2017
ARTICLE 1; NAME
The name of this corporation shall be ” Top of the Mountain Association”, aka “TOMA”
ARTICLE 2; Zoning
The Gregerson-Kubiak Tract ( circa 1966 ) situated just east of Pennsylvania route 196 in an area about 4.5 miles north of Mt. Pocono, Pennsylvania is the subject of these bylaws. This tract, named Top of the Mountain Association ( circa 1967 ) by the developer has undergone some subdivision changes over time. For the purpose of establishing a basis for road construction assessments, the subdivision status circa 1990 was used. The 65 lots which then existed became the reference point. Therefore, when the term ” lot ” or ” lots ” is used in these bylaws without further description, one or more of the reference 65 lots is intended. Any subdivision changes were made and under the jurisdiction of Coolbaugh Township zoning codes.
TOMA acknowledges the statutory authority of Coolbaugh Township to establish a Zoning Code ( Ordinance No. 51, amended June 6, 1996 ) for its Township land and to classify the TOMA subdivision as ” rural residential ” ( R-1 use ). However, to further promote the above objectives, TOMA requires that only the following use (405.1A of the Zoning Code) is to be permitted at the TOMA subdivision; one single family detached dwelling per lot. This dwelling can be either a building or a mobile home (405.1B of the same Zoning Code). However, TOMA requires that a mobile home be at least 150 feet back from the road. Note that 501.A of the Zoning Code amendments went into effect. A further basic and general overall restriction on use of Top of the Mountain land is required by TOMA; that is, NO commercial activity is allowed to be carried out on any lot in the Top of the Mountain land tract, or anywhere in the subdivision. However, an occasional personal selling activity by a lot owner, such as a yard sale, will be permitted.
ARTICLE 3; TOMA objectives
The objective of TOMA is the preservation of privacy of the members of the association and the maintenance of property owned by TOMA including the private road known as ” Little Billy Lane “. Zoning and township officials should ne notified for other concerns.
Two bids from legitimate businesses that are licensed, insured, and ideally bonded shall be considered for maintenance of TOMA property.
Volunteers assisting to maintain TOMA property should be aware that TOMA has extremely limited liability for volunteer work.
ARTICLE 4; Membership
Ownership of one or more properties within the TOMA entitles the owner(s) to membership in TOMA.
Privileges of membership;
1. the use of the road by owners and invited guests
2. an invitation to attend the regular TOMA meetings
Obligations of Membership;
1. Compliance with these bylaws and be responsible for like compliance by co-owners, family members, and guests
2. Prompt payment of road assessments.
3. Responsibility for damage done by them or by members of their family and guests ( even if done accidentally ) resulting in damage to TOMA property.
4. Required to pay all monies due to TOMA by the designated date on invoices.5. Provide TOMA with complete and current address information and their phone number.
6. When an owner is selling property, they must obtain a resale certificate from the TOMA treasurer prior to closing. there is a $100.00 fee for this service.
ARTICLE 5; TOMA Road Assessments
TOMA has the right to assess TOMA members annually, for each lot equally, for the operation and maintenance of the TOMA road. The treasurer will propose a budget at the November meeting. This budget will identify the anticipated costs of maintaining and operating the road for the next calendar year and assist in covering future large scale road expenses. The operations and maintenance portion of the annual budget will include, but not limited to ; The electric bill, expenses for snow removal, necessary small scale repairs and maintenance of the road.
After approval of the budget by the voting members of TOMA present at the November meeting, the treasurer shall notify each lot owner (TOMA Member) of the annual road assessment. This road assessment will be mailed no later than December 20th. The assessment is due and payable on March 31st of the following year. TOMA will offer a 5% discount to any TOMA member who pays the assessment by January 15th of the following year. Lot owners who are not paid in full by March 31st shall be in arrears and subject to a fine of $100.00. All lot owners who are more then 60 days late with there payment are placing themselves at risk for being turned over to the court system for collection and will be held responsible for all legal costs incurred in collection of their delinquent assessments.
ARTICLE 6; Meetings and Quorum
TOMA will hold 3 meetings/year. Meetings are scheduled for late spring. Late summer, and in November. Meeting notices are sent out approximately 2 weeks prior to each scheduled meeting and confirm the date, time, and location. The information for the next meeting will be announced by the president at the close of each meeting.
To conduct the business of TOMA, at any regular meeting, there must be a Quorum of at least 4 voting members which must include at least 2 members of the executive committee. If a Quorum is not present, those members in attendance may hold a general meeting but no official action requiring a vote may be taken.
Special meetings, when required may be called for by the president with at least 2 weeks notice to all TOMA members.
ARTICLE 7; Voting Members
Ownership confers the right to membership in TOMA. Each property is entitled to only 1 voting member regardless of the number of owners or the number of lots. Also, property owners of more than 1 property are entitled to only 1 vote ( Not 1 vote per Property,)
ARTICLE 8; Election of TOMA Officers and vacancies
Executive committee members include the President, VP, Treasurer,Secretary, and board of trustees. Ideally the President and Treasurer should not be related in anyway.
Officers of TOMA shall be elected for a period of two years.
There shall be 3 trustees with the most recent past president as an appointed trustee. the remaining 2 trustees are appointed by the Executive Committee. In the event the most recent past president is not able or willing to be a trustee, the third trustee will also be appointed by the Executive Committee.
Nominations are open at the late spring and late summer meetings, Executive Committee members do not have to be the voting member for their property/properties. Candidates must be members who do not owe money to TOMA. Should they owe TOMA any money at the time of their nomination, their name may remain on the list of candidates if they make payment of the amount owed by the time of elections at the late summer meeting. This provision does not forgive any penalties which are part of the amount owed. At the late summer meeting nominations will be closed and voting commenced for each individual office, by secret ballot. Whenever possible, 2 volunteer members who are neither candidates nor members of the executive committee shall collect and count the ballots. Immediately following the elections the new officers will be installed.
Vacancies of office, other than the president, shall be filled as follows; If less than 1 year of normal term of office remains, the president shall appoint the successor. If one year or more remains the nomination and election shall occur at the earliest meeting. Vacancy of the office of president shall be by the vice-president, and his or her office shall be filled as provided above.
ARTICLE 9; Officers and Duties
President;
1. Preside over meetings
2. Appoint necessary committees
3. assume the duty or appoint a person(s) to decide on road plowing/cinders/etc.
4. verify appropriate payment and sign all checks drawn on the TOMA account
5. consult with legal counsel as needed.
Vice-President;
1. perform the duties of the president as needed.
2. assist other officers/committees as needed.
3. Mail meeting notices.
4. Sign checks if the president and treasurer are related.
Secretary;
1. Record the minutes of regular meetings
2. verbally present prior meeting minutes for approval at each meeting.
3. keep all meeting minutes for 5 years.
Treasurer;
1. Obtain mail from the TOMA PO box unless assigned to another member,
2. Carry out all fiscal record keeping.
* Record all transactions including assessments and payments
* Draft and mail annual assessments
* meet with accountant annually to file income tax.
* Complete Resale Certificates when requested.
3. Present the state of the treasury at meetings
4. Obtain signature of president as a second signer of all checks drawn on the account
5. Keep all financial records for 5 years
Trustees;
1. oversee the proper functioning of TOMA based on Toma bylaws
2. Consult on policy matters as needed.
3. Audit the books and records of the Treasurer annually prior to the summer meeting.
ARTICLE 10; Liability of Officers
Relief from liability of TOMA ‘Directors’ per Pennsylvania Statute: For the purpose of this Article the term ” Director” shall mean officers, trustees, and by extension, committee chairpersons or members who act on behalf of TOMA in a responsible manner. A Director of TOMA shall not be personally liable, as such for monetary damages for any action taken, or failure to take an action, unless (1) the “Director” has breached or failed to perform the duties of his or her office under Title 15 Pennsylvania Consolidated Statues 5713 (Personal Liability of Directors” and (2) the breach or failure to perform constitutes self-dealing, willful misconduct, or recklessness. The provision of this Article shall not apply to the responsibility or liability of a “Director” pursuant to any criminal statue or the liability of a “Director” for the payment of taxes, pursuant to Federal, State, or Local law.
Unless acting in bad faith, neither the executive board as a body, nor the TOMA officers acting as an operations committee, nor any “Directors” of TOMA shall be personally liable to any member of TOMA in any respect for any action or lack of action arising out of execution of his or her office, or activities, or efforts involved in pursuit of TOMA’s objectives.
Any repeal or modification of this Article by TOMA shall be prospective only, and shall not affect to the detriment of any “Director” any limitation on the personal liability of a “Director” of TOMA, existing at the time of such repeal or modification.
ARTICLE 11 Amendments to Bylaws
Amendments, alterations, or deletions of these bylaws shall be presented in writing at any regular meeting and action scheduled for the next regular meeting. All members must be notified of the intent to change a bylaw prior to the meeting at which the voting is scheduled. If total or major changes to these bylaws are proposed, the changes must be presented in the form of complete bylaws, not merely by indicating the changed articles,etc.
Two-Thirds of the majority voting members in attendance is required to pass any bylaw change.