Bylaws
Malvern Hills Neighborhood Association Bylaws
Adopted January 22, 2018
Amended November 15, 2021
Amended August 6, 2024
ARTICLE I - Name and Territorial Limits
The MALVERN HILLS NEIGHBORHOOD ASSOCIATION is a non-profit 501(c)3 organization incorporated in the state of North Carolina.
Membership in this Association shall be limited to persons with established primary residence in the area known as Malvern Hills.
The general boundaries for the neighborhood include to the East by Bear Creek Road, the South by Wendover Road, on the West and North by School Road and Arthur Road. It is more particularly described in Plat Book 7, Page 69 and Plat Book 7, Page 70.
ARTICLE II - Purposes
The purposes of the Malvern Hills Neighborhood Association shall be:
To enhance the quality of life and promote a strong sense of community in the Asheville area known as Malvern Hills.
To promote public safety in Malvern Hills through the education of the residents, the analysis of unsafe conditions and notification of the proper agency or party to request such changes as may be necessary.
To promote harmonious human relationships within the community through meetings and activities that bring residents together in a spirit of fellowship.
To promote community service projects among the residents.
To work to preserve the historic landmarks of the area and to set down the history of the area.
To provide a means for Malvern Hills residents to share information.
ARTICLE III - Board of Directors: Officers, Members, and Other Roles
The Malvern Hills Neighborhood Association Board of Directors shall have the following voting officers: a President, a Vice-President, a Secretary, and a Treasurer. In addition, the Board of Directors will have other voting members.
The total number of Board of Directors members including the officers will be at least seven (7) and no more than fourteen (14) people. People sharing a primary residence may serve on the Board of Directors, but there shall be one vote per primary residence address.
The Board shall strive to maintain equitable membership from across the streets and boundaries of our neighborhood.
Other primary residents of Malvern Hills who are not currently serving on the Board of Directors are non-voting members of the organization. They may support the mission and work of Malvern Hills Neighborhood Association’s Board of Directors with voluntary donations.
The President will appoint the following non-voting roles for the organization: 1) an Administrator for the Malvern Hills Neighborhood Association Facebook Group, 2) a Webmaster for the Malvern Hills website (malvernhills.org) and e-mail list, and 3) a Neighborhood Archivist. These roles may be filled by neighbors who are not currently serving on the Board of Directors.
Duties of President
The President shall supervise the affairs of the Association, subject to the By-laws of the Association.
The President and Treasurer shall prepare the annual Malvern Hills Neighborhood Association budget and present it to the Board for consideration and adoption at the first quarter meeting of the fiscal year.
Duties of Vice-President
In the absence of the President, or in the event of his or her inability or refusal to act, the Vice-President shall perform all the duties of the President.
Duties of the Secretary
The Secretary shall keep the Original, or a copy of these By-laws including any amendments.
The Secretary will have a roll call and record of members present at each Board meeting.
The Secretary will keep a collection of minutes of all meetings of the Board.
The Secretary will email the minutes to all Board members within two weeks of the Board meeting.
The Secretary shall maintain a list of current and past Board of Directors members, officers, and other roles.
Duties of the Treasurer
The Treasurer shall have charge and custody of, and be responsible for, all funds and securities of the Association, and deposit all such funds in the name of Malvern Hills Neighborhood Association in such banks, trust companies, or other depositories as shall be selected by the Board.
The Treasurer will receive, and give receipt of, monies payable to the Association from any source whatsoever. Disbursements of funds from the Association, as may be directed by the President, require submission of proper documentation (invoices or receipts) in support of such disbursements. Disbursement of funds greater than $200 will be submitted to the President first, with accompanying documentation, when approved will be presented to the Treasurer for payment.
The Treasurer will keep and maintain adequate and correct accounts of the business transactions, including accounts of its assets, liabilities, expenses, gains, and losses.
The Treasurer shall prepare and file any financial reporting and tax returns required of the organization.
The President and Treasurer shall prepare the annual Malvern Hills Neighborhood Association budget and present it to the Board for consideration and adoption at the first quarter meeting of the fiscal year. Additions to any line item from the adopted annual budget of more than $200 must be approved by the majority of the Board.
The Treasurer will make all financial records of the Association available to any voting or non-voting member upon request.
Duties of the Webmaster and FB Group Admin
The Webmaster will keep the malvernhills.org website and email list up-to-date with information about the neighborhood to include copies of the newsletter, by-laws, and notification of meetings/events. The Webmaster is also responsible for maintaining access grants to Association electronic resources according to current Board membership and any related access policies set by the Board.
Duties of the Facebook Group Admin
The Facebook Group Admin will moderate membership of the Malvern Hills Neighborhood Association Facebook group, according to any policies and procedures set by the Board.
Duties of the Neighborhood Archivist
The Neighborhood Archivist will create and encourage contribution to the neighborhood electronic archives, and foster efforts to preserve and maintain historic landmarks in the neighborhood.
ARTICLE IV - Operating Procedures
The President shall preside at all meetings of the Association. In the absence of the President, the Vice-President shall preside.
Terms of officers shall be two years. Officers are limited to two consecutive terms.
The existing Board of Directors will nominate and vote for officer and Board member candidates when vacancies occur or at the expiration of service terms. Any resident member may volunteer themselves for consideration for Board of Director service by contacting any current Board member.
All committees shall be appointed by the President. Committees may include non-voting members who are not on the Board of Directors.
Meetings
The Board of Directors shall meet quarterly at a place and time mutually agreeable to the members. The meetings are open to any person who has primary residence within the defined boundaries of the neighborhood.
Any member of the Board of Directors may call for a meeting of the Board of Directors. Board meetings can occur in person or virtually. A quorum of 50% plus 1 member must be present for any official action of the Board of Directors.
Financial
The fiscal year of the Association will be January 1 to December 31. Both the President and Treasurer will be independent signers for the fiscal accounts of the organization during their service terms.
Communications
Malvern Hills Neighborhood Association will communicate through the MHNA Facebook Group, the Malvern Hills webpage (malvernhills.org), the Association subscription email list, and the neighborhood printed newsletter.
Conflict of Interest
The Malvern Hills Neighborhood Association affirms that all Board members have an obligation to exercise their authority and to carry out the duties of their respective positions for the sole benefit of Malvern Hills Neighborhood Association. They should avoid placing themselves in positions in which their personal interests are, or may be, in conflict with the interests of Malvern Hills Neighborhood Association. Where a potential conflict of interest exists, it shall be the responsibility of the person involved or any other person with knowledge, to notify Malvern Hills Neighborhood Association leadership of the circumstance resulting in the potential conflict so that the Board can provide guidance and take action as it shall deem appropriate.
Amendment of By-laws
The Malvern Hills Neighborhood Association By-laws can be amended by a simple majority vote of the Board of Directors. The Board of Directors will be given at least 2 weeks notice to review such changes before voting.