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BYLAWS OF THE PROPERTY MANAGEMENT COMMITTEE
OF THE THIRD ORDER OF ST. DOMINIC, INC
The Third Order of St. Dominic, Inc, does hereby establish these bylaws for the management of a certain property in or near Homedale, Owyhee County, Idaho.
Property Management Committee.
§1 Membership. There is hereby established the Property Management Committee [Committee] that shall have a minimum of three members and no more than five, not inclusive of the prior/prioress who shall be an automatic member thereof, whose members shall contain minimally the following: (a). One member from the original donors of the property (and if the original donors do not wish to serve in this capacity, then a person appointed by the Council or the prior/prioress), (b) a member of the Council, (c) and a member of the Third Order. The Council at its next regular meeting shall approve any additional members.
§2 Delegated Powers. The Council has certain corporate powers granted it under Article III(g) of the Articles of Incorporation, including the power to,
(c) enter contracts, leases, rents, debts, or other obligations with other entities or persons; hold or dispose the right, title, and interest in property, real or personal, as may be given, devised, and bequeathed to the Corporation or entrusted to its care and keeping, and may purchase, acquire and dispose of such property as may be necessary to carry out the purposes of the Corporation;
The Council hereby delegates to the Committee the following powers, the exercise thereof being subject to the ratification of the Council:
a. Mission Statement, Standards. To establish a mission statement for the purpose, objective, use, and cultivation of the property, and to establish certain uniform standards for the habitation, cultivation, landscaping, and use of the property; to establish a well-ordered, maintained, and clean property, such standards as are established herein and as may further be determined by the Committee and ratified by the Council.
b. Authority to Contract. To have the authority to indebt, contract, or otherwise engage any obligation with any other party, entity, or person only with the express written approval of the Council.
c. Committee Meetings. To call meetings of the Committee and give notice thereof, with a quorum of a simple majority of the members of the Committee present, with a simple majority of those present voting in favor of any proper motion, in a manner consistent with the bylaws and articles of incorporation of the Corporation.
d. Standards, Rules Enforcement. To enforce standards, rules, regulations, and other acts of the Committee in a manner consistent with these bylaws and the laws of the state of Idaho. If any person be aggrieved, that person shall have the right to petition the Committee for a grievance hearing. Said grievance shall be in writing, addressed and delivered to the chairman, and shall briefly state the grievance. At the next or specially-called meeting and upon notice to the aggrieved, the Committee shall hear the grievance. The Committee may take any reasonable action including dismissal, or other action within its capacity. The aggrieved person may appeal any decision of the Committee to the prior/ess, whereupon the Council may consider the grievance at its next meeting. The prior/ess may stay the Committee’s action pursuant to Council bylaws.
The Committee may take action on its own motion. In the event the Committee intends to remove any person(s) from the premises, it must inform such person(s) in writing that he or she are in trespass; or as the case may be, in noncompliance with the agreement as stated herein, and the Committee shall comply with the law of unlawful detainer.
e. Applicants. To receive written applications from members of the Chapter, and other persons for the use of said property that includes the name, address, phone number, and designs, plans, and other documents and information as the Committee may deem necessary; said applications are subject to the following provisions:
i. To inform any applicants that any building, storage, garage, shed, outbuilding, barn, home, or residence placed upon the said property after the effective date of these bylaws, shall become the property of the Corporation, unless otherwise agreed in writing between the applicants and the Committee. No such writing shall contradict, contravene, or be opposite these bylaws or the express will of the Committee or Council. Such an agreement is void ab initio;
ii. To inform any applicants that such applicants shall have no right in fee simple in perpetuity, no lease rights, no rental rights, or any other rights as owner, lessor, lessee, possessor, or any other rights as may be established by law or by agreement in the use of the land, except by the express written permission of the Committee and ratified by the Council, such rights in the land having been established by written agreement and any amendments, changes, additions, or modifications thereto only effective upon all the parties having executed the same in writing;
iii. To consider any application, and upon approval thereof, forward said application immediately to the Council for its consideration and ratification; and if such application is not approved by the Committee, notifying the applicant of the right to appeal to the next regularly scheduled Council meeting, whereupon the Council’s decision shall be final and conclusive.
iv. To ensure that all agreements with applicants shall be in writing, shall contain the names of the parties thereto, shall state in said agreement all the terms as provided herein, as may be provided by the Committee, Council or prior/ess; such terms shall include but not limited to: the parties recognize the authority of the Council, Committee and these bylaws including the right to control the use, maintenance, and cultivation of the property, and to control the use of any buildings, or other structures on the property consistent with these bylaws; that the parties shall conform with the health and safety standards of the State of Idaho, and the standards as may be established by the Committee or Council. Said agreements shall be executed by a majority of the Property Committee and any and all applicants responsible for the obligations as set forth in these bylaws and in the agreement. Before any agreement shall become effective, the same shall be approved by the Council at its next regularly or specially-called meeting.
f. Amendment of Bylaws. These bylaws may be amended as follows: To deliver to members of the Blessed Margaret of Castello, OP chapter-in-formation at its next regularly scheduled meeting (1) of the proposed amendment(s), (2) of the purpose of the change, and (3) of the date, time, and location of the next Committee meeting, and at such meeting a simple majority of the Committee members voting in favor thereof, and upon adoption of said proposed amendment(s) by the Council at its next regularly scheduled meeting, whereupon the amendments thereto shall become effective. Any residents of said property shall be notified of such proposed amendments and the date, time, and location of the next Committee meeting.
g. Appeal to Council. Any action, proposal, motion, resolution, act, or other official action of the Committee may be appealed to the prior/ess, whereupon the Council shall consider it at its next meeting. The Council’s decision on such an appeal shall be final.
§ 3 Officers
The Committee shall have a chairman and a secretary, selected from among themselves on a periodic basis as the Committee shall decide, subject to the approval and ratification of the Council. The Committee shall have the authority to solicit funds on behalf of the Corporation conforming to the mission statement of the property committee. Said funds shall be handled as the Committee shall decide by resolution, subject to the direct supervision of treasurer of the Council in a manner consistent with the bylaws of the Council.
The officers shall have the following duties, rights and responsibilities:
a. chairman or chairwoman. The chairman or chairwoman shall preside at all meetings of the Committee, shall be the administrative officer of the Committee, and shall be responsible to the Council for the management thereof.
b. secretary. The secretary shall certify and keep at the principal office of the Corporation, the original current copies of the bylaws. In addition, the secretary shall: (1) keep a book of minutes of all meetings of the Committee, recording the time and place of meeting, how called, notice, persons present, and the proceedings thereon, motions, seconds, and acts and decisions thereof; (2) give notice of meetings in accordance with the applicable bylaws; (3) forward to the corporate secretary any minutes, correspondence or other records of the committee for the permanent corporate records; and, (4) in general, perform all duties incidental to the office.