Bylaws

SANTA CRUZ GARDENS COMMMUNITY ASSOCIATION BYLAWS

Bylaws of the corporation may be amended by a majority vote of the general membership at any scheduled or special membership meeting, providing that notice of the proposal to change the Bylaws was provided to the membership as set forth in Article III, Section 8.

Article I: The Corporation

The name of the corporation shall be the Santa Cruz Gardens Community Association, Inc., hereinafter called SCGCA.
The principal office shall be located at the corner of Serrell Avenue and Cabrillo Avenue, Santa Cruz, CA 95065, or at such other location as the Board of Directors (hereinafter called the Board) may determine advisable from time to time.
The current mailing address is: 213 Serrell Ave, Santa Cruz, CA 95065-1150.
SCGCA shall be operated at all times as a nonprofit corporation.
A member of the Board residing in the State of California shall serve as Registered Agent for SCGCA.

Article II: Members/Membership

Memberships may be held by any adult person or by any family residing in any one of the residential lots in what is known as Upper Santa Cruz Gardens. Upper Santa Cruz Gardens is defined as:

Thurber Lane (beginning at the intersection with Helen Avenue), Helen Avenue, Helen Court, Pestana Avenue, Germaine Avenue, Serrell Avenue, Chirco Avenue, Cabrillo Avenue, Benedict Avenue, Corinne Avenue, Kenny Avenue, Kenny Court, Katherine Lane, Waugh Avenue, Upper Winkle Avenue.

These boundaries may be adjusted at the discretion of the Board. Members are required to provide documentation for proof of residency.

The maximum membership of the corporation shall not exceed 75 households, per insurance coverage limitations. If the Board deems it necessary, it shall set the maximum number of yearly memberships prior to the end of the swimming season and shall notify the membership of that number.
Members from outside the Upper Santa Cruz Gardens community who joined before the 2022 season are able to continue their memberships consecutively for as long as they wish, provided they are in good standing.
Memberships in SCGCA shall be issued by the Board each year. A membership gives those individuals qualifying and identified on the membership application the right to use the facilities at SCGCA during regularly scheduled operating hours in accordance with policies and procedures adopted by the Board.
Each year the Board, as it deems appropriate, shall set the fees for membership.
Memberships will be offered each season in the following order of priority:
1. Members from the previous season will be given membership priority for the new season as long as they complete the registration paperwork, live in the defined area and pay their annual fees within fourteen (14) days of opening day. If members from the previous season do not complete the registration paperwork and pay their annual fees within fourteen (14) days of opening day, they will forfeit their membership for the new season and may contact the Membership Coordinator to be added to the wait list.

After members from the previous season have had the opportunity to renew, households on the wait list will then be given an opportunity to acquire a membership in the order they appear on the wait list. The wait list will roll over from season to season. Households who decline the membership offer are removed from the waitlist.
After memberships have been offered to those on the wait list, new households that are not on the wait list will be given an opportunity to acquire a membership in the order their request is received by the Membership Coordinator.

Membership fee discounts can be authorized by the Board for partial season memberships and such other reasons as the Board deems appropriate.
Members must pay dues as provided herein and assessments, both as agreed upon and declared at a duly constituted meeting.
Members have the right to vote concerning an increase in the amount of dues by more than ten percent (10%) over the prior year’s dues, which must be approved by a two-thirds (2/3) vote of the members in attendance at a duly constituted meeting.
Memberships are not transferable or refundable, including “Lifetime” memberships. If a Lifetime member passed, the lifetime membership may only be extended to the surviving spouse of the member, not by the member’s children or other family members.
Any membership, and all individuals covered by that membership, that has not paid the yearly fee for the current year, or that owes money on a prior year’s fee, shall not be entitled to use of any facilities of the pool or have any of the rights of members in good standing, including without limitation the invitation of guests.
Memberships in SCGCA are available without regard to race, color, religion, sex, gender, national origin, age, ancestry, mental or physical disability, sexual orientation, medical condition, marital status, veteran status or any other characteristic protected by law.
Applications for membership shall be in such form as authorized by the Board. Applicants will be required to submit a list of all family members covered under the membership and to verify that all qualifications for membership have been met, as determined by the Board in its sole discretion. Caregivers, including babysitters and nannies, may be included in the list of individuals covered under the family membership.
The Board may limit or restrict the ability of members to bring guests or other non-members to SCGCA, providing that such restrictions must be uniformly applied. Members are responsible for the actions of their guests at all times.
SCGCA members shall have the sole power to authorize expenditures for improvements over $1000 per year. Improvements are defined as those additions to SCGCA property NOT directly necessary to maintain continued safe and healthful use of the pool.
All individuals covered by a SCGCA membership, and any and all guests, must comply with the Bylaws and Rules and Regulations of SCGCA, as adopted by the Board, and are expected to conduct themselves in a manner consistent with the continuing health, safety, and self-respect of other users of SCGCA. Upon (a) willful failure to comply with the Rules and Regulations on the part of the members or guests, (b) a persistent pattern of conduct that is detrimental to the health, safety, and self-respect of the other users of SCGCA, or (c) deliberate destruction of SCGCA property, the Board may take such disciplinary action as it deems appropriate as detailed in the Rules and Regulations.
ALL members will be required to sign a Release of Liability and Assumption of Risk when dues are collected and pool keys are released for the season.

Article III: Membership Meetings

Meetings of the membership of SCGCA shall be convened at least twice a year: at or near the beginning of each year’s swimming season, at or near the end of the season and on an as-needed basis at the discretion of the Board.
Members of the Board shall be elected at the membership meeting scheduled at or near the end of the swimming season.
A special meeting of the membership may be called at any time by the President and, in his or her absence, by the Vice President. It shall be the duty of the President to call a special meeting whenever requested to do so in writing by a majority of the members of the Board.
Notice of the time and place of all membership meetings, including special meetings, shall be made by e-mail and also by an easily visible sign at SCGCA to all members at least five (5) days prior to the date of any meeting.
Members in good standing shall be entitled to one (1) vote per family at membership meetings. A member in good standing shall be defined as members that have paid the current season’s membership fees and that do not have any outstanding debts to SCGCA from any previous season.
Proxy voting is not permitted at membership meetings.
The Board shall present the membership with a statement of SCGCA’s condition and activities at each of the two (2) scheduled membership meetings. This shall include a written presentation of SCGCA’s financial condition.
The Board shall prepare an agenda for each scheduled and special membership meeting. The agenda shall be posted at SCGCA at least five (5) days prior to the date of the meeting. Additions to this agenda submitted from the membership that involve the allocation of money and resources, the impeachment of a member of the Board, or changes in the corporation’s Bylaws must be submitted to the President or Board of Directors seven (7) days prior to the date of the meeting in order for them to be considered. Successful motions that do not meet this requirement will be referred to the Board of Directors for their consideration.

SANTA CRUZ GARDENS COMMUNITY ASSOCIATION POOL

Article IV: Board of Directors

The business and property of the corporation shall be managed by a Board of Directors consisting of a number of directors not less than four and not more than such number as may be deemed necessary by the Board. Directors shall be elected by the memberships in good standing. The Board will consist of: President, Vice President, Secretary and Treasurer. Membership Coordination will occur between the Vice President and Secretary. Maintenance Supervisor and crewmembers are encouraged to participate in activities of the Board, but are not required to do so.
Election of Board members shall take place at the regular annual meeting of the members of SCGCA held at the time and place hereinafter set forth.
The members in good standing at the annual meeting shall elect the Board members. Each household shall have one (1) vote for the election of the Board members. All voting shall be done by secret ballot. No member may be nominated for election to office unless he/she is present at the meeting or his/her written consent has been obtained prior to said meeting.
The members of the Board shall hold office for two (2) years and may be elected two (2) consecutive two-year terms. Vacancies of the Board may be filled for the unexpired term by the President, subject to the approval of a majority of the current members of the Board.

Board members and maintenance crew members will receive, in lieu of monetary compensation for their duties, a free membership to the SCGCA for the duration of their term.
A quorum for the transaction of business at any meeting of the Board shall consist of a majority of the members present, unless such circumstances involve immediate danger to the life or health of pool members and/or the general public or pose a hazard to the property of SCGCA, at which point the officers may conduct business as may be necessary to alleviate such hazardous condition.
Members of the Board may be removed from office by a majority vote of the members of the Board. They may also be removed by a majority vote of the membership present at any membership meeting, provided that notice of such action is provided to the membership as set forth in Article III, Section 8.
It is the duty of the Board of Directors to place the interest of the SCGCA foremost and not base their decisions on personal interests.

Article V: Officers

Officers may choose to switch positions on the Board during their term, subject to the approval of a majority of the current members of the Board.
Removal of an officer during his or her term requires a two-thirds (2/3) vote of the members of the Board.
The President shall preside at all meetings of the membership and the Board and shall have general supervision over the affairs of the corporation. In case of absence or disability of the President, these duties shall be performed by the Vice President, or by the Secretary or Treasurer (in that order) in the absence of both the President and Vice President.
The President may establish work crews, as they may deem necessary from time to time, in which they may delegate duties and authorities for the purpose of pool safety, operation, repairs or improvements.
The Secretary shall keep the minutes of all meetings and shall perform all other duties incident to the office.
The Treasurer shall have custody of all money and securities of the corporation; shall issue and sign checks; shall keep regular books of account and submit them, together with all records and documentation, to the Board for examination and approval.

SANTA CRUZ GARDENS COMMUNITY ASSOCIATION POOL

Article VI: Authority of the Board of Directors

The Board shall have full power and authority, by resolution and majority decision, to adopt Rules and Regulations, to enter into contracts and to take any and all other measures necessary to further the purposes of SCGCA.
In the event that a required vote of the members in good standing cannot take place because of the absence of a quorum of the membership after three (3) attempts by the Board to obtain a vote, the vote shall be that of the Board for all items on the agenda in

question, and a decision reached by a majority of the Board shall be binding on the membership.

Except for acts of fraud and deliberate misconduct, no member of the Board shall have any liability to a member or any other individual in connection with voting or other acts as a member of the Board.
The Board shall have the authority and power to establish corporate policy and direct the officers to act pursuant thereto.

Article VI: Authority of the Board of Directors, continued

The Board shall have the power to authorize limits for the Treasurer’s temporary use of funds for extraordinary expenses for the operation and repair of the pool facilities under emergency conditions that cannot await the call of a special membership meeting.
The Board shall have the power to authorize expenditures for improvements up to $1,500 per year. Improvements are defined as those additions to SCGCA property NOT directly necessary to maintain continued safe and healthful use of the pool.
The Board shall have the power to authorize deviations in the annual budget approved by the membership as long as the total deviations do not exceed the income from dues for that fiscal year.

SANTA CRUZ GARDENS COMMUNITY ASSOCIATION POOL

Article VII: Records

The records of SCGCA shall consist of these Bylaws, complete minutes of SCGCA meetings, member complaints or statements made in writing, financial affairs of the SCGCA, and such other records as the Board of Directors may designate from time to time.
All said records shall be open to inspection of any member of the corporation at any and all reasonable times, provided a valid purpose is provided in writing for such inspection.

Article VIII: Business Principles and Practices

The organization shall be cooperative and the following principles shall be observed:

Democratic principles shall govern. Each membership (i.e., household) in good standing, shall be entitled to one (1) vote at the membership meeting as here above provided.
The organization shall be neutral with respect to race, religion and politics.
All members are responsible for enforcement of proper conduct and safety and are encouraged to communicate with each other in a neighborly and RESPECTFUL MANNER. Members are encouraged to resolve conflict on their own. However, it is the responsibility of the Board of Directors to carry out an investigation in a timely manner and issue written warnings and fines (as described in the SCGCA RULES) for those matters that are not resolved. In the event of such expulsion the member shall receive a prorated sum of their dues paid.
All meetings of SCGCA shall be conducted in an orderly manner.

Article VIV: Amendments to the Bylaws

The Bylaws of the corporation may be amended by a majority vote of the general membership at any scheduled or special membership meeting, providing that notice of the proposal to change the Bylaws was provided to the membership as set forth in Article III, Section 8.

Certification of Secretary

I, the undersigned, certify that I am the presently elected and acting Secretary of Santa Cruz Gardens Community Association, Inc, a California nonprofit corporation, and the above Bylaws, consisting of six (6) pages, are the Bylaws of this corporation adopted by consensus of membership.

Name______________ _____________________ Date________________