BOARD OF GOVERNORS - Pine Grove, Niantic

PINE GROVE NIANTIC ASSOCIATION
P.O. BOX 378
NIANTIC, CT 06357
May, 2009
Dear Pine Grove Residents:
As you know the sewer work has now been completed and the construction is finished. During the
construction period the Board of Governors was very lenient in enforcing the rules and regulations of
Pine Grove. We now are going to be diligent in enforcing those rules.
We are enclosing in this packet a set of rules and regulations that each one of you should read and have
available for your family members and guest. Also enclosed is a copy of the Seasonal Water Access
Rental Agreement as well as the By-Laws of the Pine Grove Niantic Association, Inc.
If you have any questions regarding any of the information please contact one of the Board of
Governors listed below.
We thank you for your cooperation and remind you that it is your responsibility as an Association
Member to uphold and ensure that your guest and neighbors follow the By-Laws and Rules &
Regulations as well.
Have a great summer and please remember to drive slowly as there will be a lot of outdoor activities
during this time of year.
Sincerely,
Board of Governors, PGNA
BOARD OF GOVERNORS
President:
Vice President:
Treasurer:
Secretary:
Board of Governors:
Harold Helgeson
Gerry Powers
Nancy Ripley
Pat Hansen
Dave Estey
Bob Scott
Cindy Swartz
Margie Elkin
Craig Stelling
Helen Fortin
Kevin Tricarico
JaySamuelson
860-739-3470
860-691-0340
860- 739-2714
860-739-4884
860-739-9647
860- 739-2498
860-739-9778
860- 739-3505
860-739-4285
860-739-9236
860- 449-3987
860-739-2665
RULES & REGULATIONS
PINE GROVE NIANTIC ASSOCIATION
The Pine Grove Niantic Association 5A No. 75-43 was enacted by law in January 1975 by the
Connecticut Legislature. Rules & Regulations Adopted: 11/9/99. Amended 10/99
ARTICLE I
MEMBERS AND GUESTS
A. Members (property owners, lessees residing in said property) and their bona fide guests
(overnight or day), are subject to all rules and regulations, and to the abidement of such,
that the Pine grove Niantic Association deems necessary. The adoption of rules and
regulations governing behavior in Pine Grove is necessary to ensure the safety and well
being of its members and to maintain respect for property rights.
B. Owners and lessors are responsible for posting these rules and regulations in homes for the
information of the residents and guests.
C. Members are responsible for any and all damages to association property by family
members, guests and themselves. Each association member must ensure family members
are aware of association rules and regulations.
D. In order to keep Pine Grove attractive and clean, property owners are required to maintain
their property and dispose of refuse properly and in a prompt manner.
ARTICLE II
COMMON ASSOCIATION PROPERTY
A. To maintain safety and adequate traffic flow, there will be no on-street parking as posted by
the Town of East Lyme. A vehicle is allowed ten (10) minutes loading (unloading) time and
then must be moved off the street. Parking, other than private drives will be in one of two
locations. Perimeter parking is allowed on the sides of the ball field bordering Broadway,
Cherry Street, and Spring Street. No parking is allowed on the South Street side of the ball
field. Autos may be parked only one car deep. The second location is the parking lot
between North Main and Laurel Streets. Any parking other than in the aforementioned
areas, will be subject to towing at the owner's expense.
B. Posted speed limits and pedestrian crosswalks, as established by the Town of East Lyme
within the confines of the Association, will be enforced for the safety of members, family
and guests. Members and guests are required to cooperate with the local Resident State
Trooper and East Lyme town Constables, by reporting infractions of these laws.
C. No boats, boat trailers, utility trailers, campers, house trailers, snow plows, or unregistered
vehicles shall be parked on association property and/or rights of way. Unregistered or
abandoned vehicles on association property will be acted upon in accordance with Public
Act #87-372.
D. Any parking on common property parking locations aforementioned for more than fourteen
(14) days without being moved will be considered in storage. Notice will be sent to the
owner of said stored vehicle by registered mail, informing said owner that if said vehicle is
not moved within three (3) days, said vehicle will be towed away at owner's expense.
E. Beach rights and regulations. Members and their bone fide guests have access to beaches
within the limits of the Pine Grove Association. The following rules must be observed for
the safety and maintenance of this property:
1. No pets of any kind are allowed on beaches or association docks.
2. No throwing sand or stones.
3. No ball playing.
4. All children, regardless of age, must be properly clothed at all times.
5. No rough housing.
6. No fires.
7. No glass containers.
8. No picnics.
9. No hampering or obstruction of marine vessels within the channel of
South Cove by swimming, rubber rafts, or dories.
10. No fishing off bathing or fire docks while bathers are present.
11. No dumping on association property
12. No activities or actions that would lead to the damage of association
property or the harm of association members or their guests.
13. No children under the age of 12 years old will be allowed on the bathing
beaches, docks or raft without adult supervision.
14. Homeowners and guests shall observe closing time for beaches and
playground facilities. Closing time is 9:00 pm.
15. No alcoholic beverages on beaches, ball field and parking areas.
16. No obscene language.
ARTICLE IV
RIGHTS OF WAY
All rights of way, as shown on a map of Pine Grove maintained by the Board of Governors, shall
remain as open space and accessible for all Pine Grove residents. No private property is to be placed in
rights of way. No vehicle will obstruct the rights of way.
ARTICLE V
ACTIVITIES
A. Activities of any type on open association property must have approval from the Board of
Governors. Requests must be submitted to the Board, in writing, detailing their intention
and purpose in sufficient time for the Board to act on the request.
B. Members and guests involved in activities authorized by the Board of Governors, are
responsible for the care and clean-up of association property.
C. Athletic activities and games, other than aquatic, are to be confined to homeowners'
property or to the playground area, bounded by Broadway, Cherry, South and Spring
Streets.
D. Curfews: Members and their guests must vacate association playgrounds and beaches by
9:00 pm. If the Superintendent deems it necessary to close association property at an
earlier hour, he may do so with the consent of the President, or in his absence, the Vice
President.
ARTICLE VI
PETS
The following regulations are state and local ordinances. They will be enforced by the
association through the Superintendent, when violations occur on association property. Property
owners are encouraged to contact the East Lyme Dog Warden, at 625-1733, when they are aware of
violations. They should prepare to provide the warden with a description of the dog, its location, and
the name and address of its owner, if possible. Dog owners are urged to give their full cooperation in
complying with these ordinances.
1. All dogs six (6) months or older, must be licensed and wear collars and license tags at all
times.
2. A dog without a tag is presumed to be unlicensed and is not protected by the law.
3. You are liable for damage done by your dog to persons and property.
4. Owners of dogs are liable to prosecution for allowing dogs to roam, annoying persons on
roadways or excessive barking.
Ordinances:
The owner of any property in Pine Grove, in which a dog is kept, shall be responsible for the
following:
1. Dogs shall be controlled by leash on the roadways and common areas of Pine Grove
2. Any defecation by such dog shall be immediately removed from any roadway, common area
or private property not belonging to the dog's owner in Pine Grove.
3. No dogs allowed on beaches at any time.
Warnings shall be served by the Superintendent or by any other person appointed by the Board
of Governors, for that purpose. A property owner, who violates this regulation and receives a
second warning, shall be subject to further action by the Board of Governors.
ARTICLE VII
BOATS AND MOORINGS
A. Boats must not be launched, operated or beached within the bathing areas.
B. Water skiing or jet skis are not permitted within the bathing areas
C. The Dock Committee shall determine and assign all water access areas.
YOUR COOPERATION IS ESSENTIAL AND APPRECIATED
Board of Governors
May 12, 2009
SEASONAL RENTAL AGREEMENT
Dear Water Access Renter,
The following information is being provided to establish consistent guidelines and to maintain
an orderly process for the Pine Grove Niantic Association (PGNA) to manage the rental of Water Access
Spaces. Along with this the PGNA is also responsible for the long term maintenance of the seawalls,
bathing dock and other capital expenses that could be incurred on the common property as a result of
normal wear or in the event of a disaster.
This letter formulates the rental agreement between PGNA and the Renter of the Water Access
Space. This agreement shall be for the spaces assigned and are represented on a map maintained b
PGNA, Board of Governors. It is to be noted that the PGNA is only renting water access space across
common property. Liability insurance for any structures is to be maintained by the homeowner. Any
permanent structure located on the homeowners Water access space will become the property of PGNA
upon the termination of this rental agreement.
The payment of an annual fee of $35.00 for this Water Access Space by the homeowner will
validate the homeowners understanding of this agreement and the homeowner's intent to assume all
responsibility for insurance and liability. In addition, it is the responsibility of the homeowners to
maintain their space in a safe and orderly manner. Any portable/moveable items must be properly
secured for the winter months.
The Water Access Space cannot be assigned to anyone else without the specific approval, in
writing, of PGNA (except when the homeowner's residence is sold, their space will be assigned to the
new property owner). A waiting list of eligible homeowners is maintained by PGNA and any unassigned
spaces will be made available to those individuals.
Any failure to comply with the above guidelines will result in the termination of this agreement.
If there is no response from the water access renter for the above payment of $35.00 and after the
mailing of a second notice, the subject Water Access Space will be made available to the next person on
the waiting list.
We hope that you have a safe and enjoyable summer in Pine Grove.
Sincerely,
Board of Governors, PGNA
BY-LAWS OF PINE GROVE NIANTIC ASSOCATION, INC.
ARTICLE 1 - NAME
SECTION 1:
Official Title and Address:
The official name of this corporation shall be the Pine Grove Niantic Association (P.G.N.A.). The official address
of this association is Pine Grove Niantic Association, P.O. Box 378, Niantic, CT 06357.
ARTICLE 2-OBJECTIVES
SECTION 1:
To provide for the improvement of the land within the confines of the neighborhood known as Pine Grove,
further described in Section 3 of Special Act 75-43, which created the Pine Grove Niantic Association and for the
recreation, comfort, and convenience of persons living therein.
ARTICLE 3 - MEMBERSHIP
SECTION 1:
Budget Meeting:
The members shall hold an annual membership meeting during the month of May, within the limits of
the Town of East Lyme, to enact a budget for the fiscal ensuing year and to set the tax rate for the fiscal
year. The meeting shall address any other business as may come before the meeting.
The fiscal year of the Association shall be the same as the fiscal year for the Town of East Lyme.
The tax levy shall not exceed 5 mills in any one fiscal year.
SECTION 2:
General Meeting:
The members shall hold an annual membership meeting during the month of August within the limits of
the Town of East Lyme. The following business shall be conducted at the General Meeting:
a. The election of Governors and Officers.
b. The transaction of any business necessary for the functioning of the Association.
SECTION 3:
Quorum for Annual Meeting:
A quorum consists of those Pine Grove Niantic Association members present at a meeting.
SECTION 4:
Votes required at Membership Meeting
Decisions shall be made by a majority of voting members of the association represented at a meeting, at
which a quorum is present. Voting may be done in person or by proxy. There shall be only one vote cast
per household.
Voting members shall consist of those 18 years of age or older. All owner or lessees of any interest in
any lot of parcel of real estate shall be considered as one owner for the purpose of voting and shall be
entitled collectively to cast one undivided vote.
SECTION 5:
The Board of Governors shall determine those items, which shall be presented to and voted on by all Pine Grove
homeowners in order to be implemented. In these cases ballots will be issued to all homeowners and the
results read at the association meeting. A majority vote will carry the item.
ARTICLE 5 - PROXIES
SECTION 1:
At all meetings of voting members, a duly qualified voter may vote by proxy executed in writing by the voting
member. Such proxy shall be filed with the Secretary of the association before or at time of meeting. No proxy
shall be valid after ninety (90) days from the date of execution. A proxy shall be revocable at any time at the
pleasure of the member executing it.
ARTICLE 6 - NOTICE OF ANNUAL MEETINGS
SECTION 1:
Notice of annual meetings of the Association shall be in writing over the actual or facsimile signature of the
President or Secretary, designating the place, date and time of the meeting and shall be deposited in the United
States mails, postpaid, at least twelve (12) and not more than thirty (30) days prior to such meeting and shall be
addressed to the latest address of each member of the association on file with the Secretary. Notice of
meetings can also be hand delivered to year around homeowners of Pine Grove, subject to the same time
requirements as notices that are mailed.
ARTICLE 7 - SPECIAL MEETINGS
SECTION 1:
Special meetings of the members of the Association may be called by the President and shall be called by the
President or Secretary upon written request of any three members of the Board of Governors or any fifteen
members of the Association, stating the purpose of the meeting and setting out the resolution or resolutions to
be presented at the meeting.
SECTION 2:
Notification of the special meeting shall be the same as for annual meetings. Notice of any special meeting shall
state that such meeting shall be limited to the consideration of the specific objective or purposes for which it is
called and shall briefly specify those purposes.
ARTICLE 8 - BOARD OF GOVERNORS
SECTION 1:
Composition:
The Board of Governors shall consist of twelve members of the Association; four officers being
President, Vice President, Secretary, Treasurer and eight Governors.
SECTION 2:
Power:
The Board shall govern and administer the Association. Duties shall include but not be limited to the
management of the common property, such as water access and garages fiscal affairs and business of
the association and the manner in which the funds, both principal and income, shall be applied subject
to the limitations of the laws of the State of Connecticut, by-laws and provisions of the act creating the
Association.
The board of Governors shall keep full and fair accounts of its transactions.
Members of the Board shall receive no compensation for their services as Governors. The Secretary,
Treasurer and Superintendent shall be compensated for their services. Reimbursement may be made
to members of the Board for reasonable expenses incurred in the course of their activities as Governors.
The Board of Governors shall write and maintain a set of rules and regulations, which shall be made
available to all Pine Grove residents.
SECTION 3:
Qualification for serving on the Board of Governors:
In order to qualify for election to the Board of Governors a nominee shall be a homeowner within Pine
Grove and shall have lived in Pine Grove for a minimum of one year.
SECTION 4:
Board of Governors Terms:
The terms of membership to the Board shall be for three years of four members to expire each year.
SECTION 5:
Absences:
Any member of the Board of Governors who has three absences, in a one year period, from the Board of
Governor's meetings, and has not been excused for such absences, shall be automatically removed from
the Board.
SECTION 6:
Vacancies:
Any vacancy occurring in the membership of the Board of Governors shall be filled by an appointee
approved by a majority of the remaining members of the Board of Governors. The appointee shall serve
until the next annual meeting at which time the Association members will vote on a replacement to
finish out the departed Governor's term of office.
SECTION 7:
Board of Governors Meetings:
Meetings of the Board of Governors shall be held at such time and place, as the Board shall prescribe. A
special meeting of the Board of Governors may be called by any two governors by giving five days notice
to the other Board members in writing, in person, or by telephone and stating the purpose of the
meeting.
SECTION 8:
Quorum for Board of Governors Meetings:
A quorum shall consist of a simple majority of the Board members present.
SECTION 9:
Voting at Board of Governors Meetings:
Approval shall be made by a majority of the voting members of the Board of Governors at which a
quorum is present.
SECTION 10:
Recognition at Board Meetings:
Any Association member, having given proper advance notice, may appear before the Board of
Governors in order to present and/or discuss matters deemed of importance to the Association
member.
All Board of Governors meetings shall be open to all association members but they may not speak unless
called upon, and they may not vote.
ARTICLE 9 - COMMITTEES
SECTION 1:
Committees established by the Board of Governors:
The Board of Governors shall appoint Standing or Ad Hoc committees, as it deems desirable. Each such
committee shall have powers and perform such duties, not inconsistent with law, as may be assigned to
it by the Board of Governors.
SECTION 2:
Tenure of Committees:
A Standing committee shall continue in effect throughout the year from the time it is constituted. An
Ad Hoc committee shall be discharged at the completion of the task for which it was constituted.
SECTION 3:
Committee Chairmen shall be appointed by the Board of Governors:
The committee Chairmen shall choose their own committee members. The Board of Governors shall
define the responsibilities and duties of each of the committees appointed.
ARTICLE 10 - OFFICERS AND GOVERNORS
SECTION 1:
President:
The President shall act as Chairman of the Board of Governors, and shall exercise such additional powers
and duties as from time to time are assigned to him by the Board of Governors. The president may sit
as a non-voting Ex-Officio member of any committee.
SECTION 2:
Vice President:
The Vice President shall, in the absence of the President, assume the duties and have the authority of
the President.
SECTION 3:
Secretary:
The Secretary shall keep the minutes of the Board of Governors, Annual, and Special meetings; see that
all notices are duly given in accordance with the provision of these by-laws or as may be required by
law; be custodian of the records of the association; see that the corporate seal for the corporation, as
adopted, is affixed to all appropriate documents and in general shall perform all duties incidental to the
office of Secretary of the corporation. The Secretary shall be custodian of written reports of the
committee Chairmen.
SECTION 4:
Treasurer
The Treasurer shall have charge of and shall be responsible for all funds, receipts and disbursements of
the Association and shall deposit or cause to be deposited in the name of the Association all monies or
other valuable effects in such banks or other depositories, which shall, from time to time, be selected by
the Board of Governors. The Treasurer shall render to the Board of Governors an account of the
financial conditions of the Association and in general shall perform all duties incidental to the office of a
Treasurer of a corporation. At each meeting of the Association and Board of Governors, the Treasurer
shall give a detailed report of all funds received and disbursed relative to the approved budget and all
other association accounts in a format designated by the Board of Governors. The Treasurer shall act as
tax collector for the association.
SECTION 5:
Governors:
Eight governors and four officers make up the Board of Governors. Governors shall attend all
Association and Board of Governors meetings. Each governor shall have one vote on items brought to a
vote by the Board of Governors. They shall perform such tasks and assume those duties as may be
assigned to them by the Board of Governors.
ARTICLE 11-SUPERINTENDENT
SECTION 1:
The Superintendent shall be appointed by the Board of Governors and shall perform those duties determined by
the Board of Governors.
ARTICLE 12 - ELECTIONS
SECTION 1:
The Association members, at the Annual General Meeting in August, shall elect Governors to fill the expiring
term of four members of the Board of Governors.
SECTION 2:
Following the election of the Board of Governors the whole Board of Governors shall caucus and elect the
officers from among the elected Board members. The President shall then announce the officers to the
Association members present at the general meeting.
SECTION 3:
Quorum:
A quorum shall consist of the voting Association members present at the general meeting.
SECTION 4:
Voting:
Approval shall be made by a majority vote of the voting Association members at which a quorum is
present.
ARTICLE 13-FINANCE
SECTION 1:
Fiscal Year:
The fiscal year of the Association shall be a 12 month period starting on the first day of July and ending
on the last day of June in the following year.
SECTION 2:
Instruments of Payment:
All checks, drafts or other orders of payment of money, notes or other evidence of indebtedness issued
in the name of the Association shall be signed by the Treasurer.
SECTION 3:
Annual Reports:
There shall be prepared annually by the President and the Treasurer a financial statement of operations
for the preceding fiscal year which shall be submitted to the Association membership at the general
meeting in August.
SECTION 4:
Bonding:
The Treasurer shall be bonded in an amount approved by the Board of Governors and shall furnish proof
thereof to the Secretary.
SECTION 5:
Insurance:
The Board of Governors shall contract for insurance to protect the Association, the Board of Governors
and the Connecticut Spiritualist Camp Meeting Association (CSCMA), Errors and Omissions insurance for
the Board of Governors and Liability insurance for the Association and CSCMA shall be provided and
available.
SECTION 6:
Common Area Cost:
Per the Letter of Understanding between CSCMA and Pine Grove Niantic Association (PGNA) dated June
14,1998 PGNA shall be responsible for costs to maintain and administer all common property in Pine
Grove. Excluded is the property wholly owned by t he Ladies Aid Society which is comprised of the
Spiritualist Temple, Deacon's home and adjacent open land.
SECTION 7:
Compensation:
The Board of Governors is authorized to purchase such service for the association, as it deems
appropriate.
ARTICLE 14 - BY-LAWS
SECTION 1:
These by-laws shall govern all members of the Association, including the members of the Board of Governors.
ARTICLE 15 - AMENDMENTS TO BY-LAWS
SECTION 1:
Amendments
The by-laws may be altered, amended or added to, at any duly called and convened meeting of the
voting members by a majority of the vote of the voting members provided however, that the proposed
amendment, or addition, shall have been read into the minutes of the previous duly called and
convened meeting and with at least thirty days prior notice.
ARTICLE 16 - INDEMNIFICATION OF OFFICERS AND GOVERNORS
SECTION 1:
To the extent permitted by law, the Association shall indemnify and hold harmless each officer and Governor of
the Association from any liability loss, claim, action or suit, including, but not limited to attorney's fees and
costs arising from or by, virtue of such action, except willful or gross negligence or malfeasance taken.
ARTICLE 17 -CONSTRUCTION
SECTION 1:
Whenever the masculine singular form of pronoun is used in these by-laws, it shall be construed to mean
masculine, feminine or neuter, singular or plural, whenever the context so requires.
SECTION 2:
Whenever the words "Association" or Corporation" are used in these by-laws, they are equivalent.
SECTION 3:
Whenever the word "homeowner", "lessee", "member", or "membership," are used in these by-laws, they are
equivalent.
SECTION 4:
Should any of the covenants herein imposed be void or become unenforceable at law of in equity, the remaining
provisions of this instrument shall, nevertheless, be and remain in full force effect.
SECTION 5:
If there be any conflict between the provisions of the Act creating the Pine Grove Niantic Association and these
by-laws, the provisions of the Act shall govern
ARTICLE 18 - SEAL
The Seal of the Association shall be as follows:
Adopted this 28th day of August 1999
Original signatures and Seal are on file with the Board of Governors.