By Laws

ARTICLE I – Title and Offices

Section 1

The title of this corporation shall be Hasbrouck Heights Swim Club, Inc., (hereinafter referred to as the “HHSC” or the “Club”) and its’ principal office shall be located in the Borough of Hasbrouck Heights, (hereinafter referred to as the “Borough”), County of Bergen, State of New Jersey.

Section 2

The Corporation shall have and continuously maintain a registered office within the Borough, at which shall be located a resident agent upon whom process may be served. The registered office may be, but not need be, identical with the Principal office, the address of the registered office and/or the name of the resident agent may be changed from time to time by the Board of Trustees, (hereinafter referred to as the “Board”).

Section 3

The corporation may have such other offices within the Borough as the Board may deem necessary for the administration of its affairs.

ARTICLE II – Admission of Members

Section 1

Pursuant to a lease modification dated August 23, 2017, between the Borough and the HHSC, the following may be admitted general membership into the club:

  1. Residents of the Borough of Hasbrouck Heights so long as the latter are fully bonded and sponsored by no fewer than three (3) Hasbrouck Heights resident members. Residents of Borough of Hasbrouck Heights shall make up at least 60 percent of annual membership
  2. Residents of Wood-Ridge and members of their immediate families so long as the latter are fully bonded and sponsored by no fewer than three (3) Hasbrouck Heights resident members.
  3. The immediate families of students of the Hasbrouck Heights School System or Corpus Christi School who may not be residents of the Boroughs of Hasbrouck Heights or Wood-Ridge so long as the latter are fully bonded and sponsored by no fewer than three (3) Hasbrouck Heights resident members.
  4. Employees of the Borough of Hasbrouck or of the Board of Education of the Borough of Hasbrouck Heights and members of their immediate family so long as the latter are fully bonded and sponsored by no fewer than three (3) Hasbrouck Heights resident members.
  5. Members of the Hasbrouck Heights Volunteer Fire Department and members of their immediate family so long as the latter are fully bonded and sponsored by no fewer than three (3) Hasbrouck Heights resident members.
  6. Non- residents of the Boroughs of either Hasbrouck Heights or Wood-Ride and members of their immediate families so long as the latter are fully bonded and sponsored by no fewer than five (5) Hasbrouck Heights resident members.

Section 2

Should a waiting list of applications for membership exist, preference shall be given among those applicants in accordance with the order of the afore stated six classes of qualifications.

Section 3

The Club shall have two (2) classes of memberships. A General Membership as defined in Article II, Section 1, and a Senior Citizen membership, who is a general member for minimum of 10 years and has reached or will reach the age of sixty-five (65) prior to the upcoming swim season. A Senior Citizen Membership may include the Senior Citizen and his/her spouse.

Section 4

The Board shall appoint from Club membership, a Membership Committee to investigate the qualifications of all applicants. This committee shall make a recommendation, favorable or unfavorable, to the Board with respect to each application. Members shall be admitted by the Board. An affirmative vote of at least five (5) trustees shall be required for admission.

Section 5

Membership in the Club shall not exceed four hundred fifty (450) when the Club’s membership is at the maximum. All applications of prospective members shall be held in abeyance in the order in which they were received for action by the Membership Committee. The Hasbrouck Heights Swim Club Inc. shall have the right to limit the number of members in its by-laws and shall have the right to place further reasonable restrictions in its by-laws upon memberships as it deems necessary upon a vote of majority of the current fully bonded membership.

Section 6

Every person admitted to Membership shall pay to the Club a total amount of Five Hundred dollars and No Cents ($500.00), which is equivalent to the Capital Value of a Membership (the “bond”), and such Capital Value shall be the same for all Memberships. Bonds are subject to change, pending Board of Trustees approval. An original bonded certificate will be mailed to member, which should be kept for future resignations as outlined in Article IV Section 2.

Section 7

All members over the age of eighteen (18), must show proof of residency for the address associated with that membership for the upcoming season.  No passes will be released nor will admittance be granted to pool or pool grounds without annual proof of residency.

Section 8

Where applicable, proof of eligibility must be provided for any members seeking the following membership: Corpus Christi School, and Hasbrouck Heights Town and/or Volunteer Service employees.

ARTICLE III – Rights and Duties of Members

Section 1

Each Member and/or Member’s Spouse shall be entitled to vote on matters submitted to a vote of the Members.

Section 2

Each Member, together with his/her spouse, children and others residing with him/her in their household as designated on the application submitted for Membership, and approved by the Membership Committee, shall be entitled to full use of the Club’s facilities. The Board shall have full power to establish Rules and Regulations, including the charging of fees, with respect to the use of the Club’s facilities by other persons who are guests of the Member.

Section 3

If the Corporation is dissolved, any assets which remain after the discharge of all liabilities shall be distributed equally among Members, regardless of length of Membership.

Section 4

Each Member shall pay, all dues and assessments which may be imposed upon him/her no later than April 1st of each year. A Member desiring to resign shall notify the Membership Committee prior to April 1st. Any Member who has not paid dues for the season and resigns after April 1st, shall be subject to an assessment of One Hundred Dollars and No Cents ($100.00). A member paying dues later than April 1st of each year shall be subject to a Fifty Dollars and No Cents ($50.00) late fee.

Section 5

Each Member shall abide by the Rules and Regulations established by the Board and shall undertake no activity which is inconsistent with the best interests of the Club.

ARTICLE IV – Termination of Membership

Section 1

Except as otherwise provided in this Article, a Membership is not transferable, and must be surrendered to the Club upon termination.

Section 2

A Member may voluntarily resign from the Club at any time by submitting a written resignation letter to the PO Box 192, Hasbrouck Heights, NJ 07604. Such resignation shall not relieve the resigning Member of any obligation to any dues or assessments previously imposed. Bond funds will also be returned, upon request, if accompanied by original bonded certificate or a notarized letter (with notary seal) requesting return of bond funds.

Section 3

Death of a Member shall terminate his/her Membership. During his/her lifetime, a Member may designate one (1) or more persons, at least eighteen (18) years of age, and who are residents of the Borough of Hasbrouck Heights, or Wood-Ridge, in order of preference, to whom his/her Membership may be transferred upon his/her death.
The first designated person who will continue to meet the qualifications for admission to Membership set forth in Article II, Section 1, and may be admitted to Membership in the Club. If such person is a minor, his/her voting rights shall be suspended until he/she attains the age of eighteen (18), but he/she shall enjoy all other rights of Members conditioned upon his/her discharge of Membership duties.
Should the person so designated to succeed to Membership pursuant to the terms hereof, be a person other than a Member of the deceased Member’s household, the privileges of Membership shall extend to such transferee only (whose status shall be that of Trustee for the deceased Member), and they remain residents of Hasbrouck Heights or Wood-Ridge. To be effective, designations made under this Section must be in writing and on file with the Board Secretary (PO Box 192, Hasbrouck Heights, NJ 07604). This arrangement shall be deemed to be contractual in nature and shall be inoperative in any instance where a dispute arises, or where there is a failure or an inability to designate a qualified person.

Section 4

Permanent change of residence from the Borough by a Member shall not terminate his/her Membership, if membership is in good standing. This shall also apply for a change of Corpus Christi School, and Hasbrouck Heights Town and/or Volunteer Service employees as described in Article II Section 1.

Section 5

A Member may be expelled from the Club, or suspended from Club privileges, or use of Club’s facilities, for good cause shown, until the next annual meeting of Members, and after an appropriate hearing has been held, and a vote of not less than five (5) Board Trustees present at any regular meeting of the Board for expulsion or suspension shall include, but not be limited to, delinquent payment of dues and assessments; theft of any property from the Club’s premises; intoxication; abuse of any person for whom he/she is responsible; continued disregard for the Club’s Rules and Regulations and/or conviction of any felony committed in any jurisdiction.

A person entitled to use the Club’s facilities under Article III, Section 2, may be similarly expelled or suspended, but such expulsion or suspension shall not affect the other rights of the member whose Membership permitted such person’s use of the Club’s facilities.

Section 6

A person whose Membership is terminated for any reason, and is not transferred pursuant to either Section 3 or Section 4 of this Article, shall be entitled to receive from the Club, the Capital Value of a Membership out of a reserve fund designated for this purpose.  If at such time, reserve funds are available, the Club shall be obligated to make such payments to former Members in chronological order as related to this Membership termination, as soon as either such reserve funds are available or replacement Memberships are obtained.

ARTICLE V – Meeting of Members

Section 1

All meetings of the Members shall be held within the Borough of Hasbrouck Heights.

Section 2

The Board of Trustees shall provide notice of all Public Meetings to all Members not less than ten (10) nor more than thirty (30) days prior to date of said meeting. This Notice shall state the place, date and time of the meeting and shall include a brief description of the Agenda.

Section 3

At any Public meeting, a Member, and/or a Member’s Spouse, may only vote in person.

Section 4

Those Members present shall constitute a quorum at the Annual Meeting.

Section 5

Two Annual Public Meetings shall be held on a weekday in July and November, at 7p.m. The November Public meeting will include Financial Statement overview and Electing of Board of Trustees. Both meetings will also include the transaction of such business as stated and described in the Notice pursuant to Section 2 of this Article.

Section 6

Special Meetings of all Members may be called at any time by the President or Vice President, or in the event of the absence of said President or Vice President, by a majority of the Board of Trustees, or by the written request of not less than twenty percent (20%) of the Members on not less than ten (10) days prior written notice to all Members.
At such Special Meeting, pursuant to this aforementioned Membership request, a quorum shall consist of seventy-five percent (75%) of the Members making the written request. No business other than that described in the Notice required by Section 2 of this Article shall be discussed at a Special Meeting.

Section 7

Except as otherwise provided by Law or by these By-Laws, all matters voted upon shall be decided by a majority vote at a duly held meeting.

Section 8

Only Notices in accordance with the records of this Corporation, and which are sent electronically, or upon request, with prepaid postage by U.S. Mail, addressed to a Member at his/her last address, constitute full compliance with this Article.

ARTICLE VI – Board of Trustees

Section 1

All powers of the Corporation, except those specifically granted or reserved to the Members by Law or these By-Laws, shall be vested in the Trustees, all of whom must be Club Members or the Member’s spouse in good standing. The affairs of the Corporation shall be managed by a Board of Trustees composed of a maximum of fourteen (14) persons. Board members are to be made up of residents of Hasbrouck Heights and Wood-Ridge, but must remain at a minimum of 60% of the Board made up from residents of Hasbrouck Heights.

Section 2

Trustees shall be elected at the Annual Meeting of Members for a term of three (3) years. No Member may be elected as a Trustee for more than three (3) full terms in succession. If a Special Election is held by the Trustees to fill a vacancy, shall not disqualify that Member candidate elected, from any future election to a full term as such stated elsewhere in this Article.

Section 3

In the election of Trustees, each Member and/or the Member’s spouse shall have as many votes as there are vacancies to be filled on the Board

Section 4

A Trustee shall be released from his/her position on the Board upon filing with the Board Secretary(s) his/her voluntary resignation, or upon the termination of his/her Club Membership. A Trustee may be removed from the Board by two-thirds (2/3) vote of the other Trustees for worthy cause shown, which shall include but not be limited to, habitual absence from meetings without a satisfactory excuse and continued neglect of duty as a Trustee. A Trustee may also be removed by a two-thirds (2/3) vote at any Annual Meeting of Members for the same aforementioned reason(s).

Section 5

Any vacancy which occurs before the end of a Trustee’s term shall be temporarily filled by a majority vote of the remaining Trustees. A Trustee so elected shall serve until the date of the next November Public Meeting, at which time a Trustee shall be elected to complete the balance of the unexpired term in accordance with this Article.

ARTICLE VII – Meeting of the Board of Trustees

Section 1

All meetings of the Board of Trustees shall be held within the Borough of Hasbrouck Heights.

Section 2

A regular annual meeting of the Board of Trustees shall be held before, or during an intermission of the November annual meeting of the members, as described in Article V, Section 5, for the expressed purpose of electing officers, as described in Article IX, Section 1, and fixing the time and place of the next regular meeting. Upon conclusion of this trustee meeting, the Board of Trustees shall fix by resolutions the time and place of the next regular meeting, no more than fifty-five (55) days shall ever intervene between regular meetings.

Section 3

Special Meetings of the Board of Trustees may be called at any time by the President, Vice President, or any three (3) Trustees. Notice of such Special Meetings must be given no later than five (5) days before the meeting, either in person, by telephone, email, text, or regular mail. No business other than that communicated by the Notice shall be considered at that Special Meeting.
In the event an emergency arises, an Extraordinary Special Meeting shall be called as stated heretofore, in this Section, by telephone, email, or text, at the earliest possible convenience for a quorum.

Section 4

Seven (7) trustees shall constitute a quorum at any meeting.

Section 5

Except as otherwise required by Law or by these By-Laws, the act of a majority of the Trustees present at any meeting at which a quorum is satisfied, shall be the act of the Board of Trustees.

ARTICLE VIII – Committees of the Board of Trustees

Section 1

At its regular, annual meeting in November, the Board of Trustees shall appoint, from among its Members, persons to serve on any committee which is required by these By-Laws. Each appointed committee shall elect the Officers necessary to fulfill its duties, except that the Chairperson shall be a Trustee designated by the President.

Section 2

The Board of Trustees may at any time establish other committees to which may be delegated authority in the management of the Corporation. Members of such committees need not be Trustees, but there shall be at least one (1) Trustee among members of each committee. The designation of such Committees and the delegation thereto of authority, shall not operate to relieve the Board or any individual Trustee, of any responsibility imposed on it, pursuant to the By-Laws.

Section 3

The Board of Trustees may at any time discontinue any Committee established under Section 2 of this Article, and may also effect any change in the membership of any Committee. All Committee assignments shall terminate no later than at the time of the next regular Annual Meeting of the Board of Trustees.

ARTICLE IX – Officers of the Board of Trustees

Section 1

The terms of the original Officers of the Corporation shall end after the 1961 Annual Meeting of the Members. Beginning at its 1961 Annual Meeting, and its subsequent Annual Meetings, the Board of Trustees shall elect from its Members, a President, up to two (2) Vice Presidents, up to two (2) Secretaries and a Treasurer. Each Officer shall serve for the ensuing fiscal year unless an Officer’s membership is terminated sooner.

Section 2

The Board of Trustees shall have the power to remove any Officer, at will, for worthy cause shown. An Officer shall lose his/her position if at any time he/she ceases to be a Trustee, or if he/she files with the Board Secretary(s), his/her voluntary written resignation. The Board may appoint to any vacant office, a successor from among the incumbent Trustees, who shall serve a period not exceeding beyond the next regular Annual Meeting.

Section 3

The President shall be the Principal Executive Officer of the Corporation. He/she shall preside at all meetings of the Members and be an ex-officio member of all Committees appointed by the Board. He/she shall supervise and control the business and affairs of the Corporation and he/she shall see that all orders and resolutions of the Board are executed. The President shall have all powers vested in his/her office by Law or by custom, and he/she shall perform all duties ordinarily incident to his/her office.

Section 4

The Vice President(s), in the absence, or in the event of the disability of the President, shall act in his/her place. In the absence or in the event of the disability of the President and Vice President(s), an acting President shall be designated by a majority of the Trustees present. The Vice President(s) shall perform any other duties which may be assigned to him/her by the President or by the Board of Trustees.

Section 5

The Secretary(s) shall keep in the corporate books, minutes of the proceedings at all meetings of the Members and the Board of Trustees. He/she shall see that all Notices are duly given in accordance with these By-Laws, or in accordance with Law. He/she shall have custody of the Corporate Seal, of all correspondence and of all corporate records, except those properly in the custody of another Officer. The Secretary(s) shall perform all duties assigned to him/her by Law, by these By-Laws, by the President, or the Board or by custom.

Section 6

The Treasurer shall have full responsibility for financial and accounting records of the HHSC. The Board of Trustees may elect to hire and assign a bookkeeper, whose responsibility is to assist the Treasurer with the creation of financial transactions including posting information to accounting journal entries or accounting software from membership fees, guest fees, cash receipts, and supplier invoices. The bookkeeper also reconciles accounts to ensure their accuracy.

Section 7

The Board of Trustees may also appoint from the Members in good standing any assistants to any Officer as specified in Section 1 of this Article. An assistant Officer shall perform duties under only the supervision of the Officer whom he/she assists. An assisting Officer may not assume the duties of the Officer unless first appointed in accordance with provisions of Article VI Section 5, and Section 2 of this Article.

ARTICLE X – Dues and Assessments

Section 1

Dues and assessments shall be classified either as Annual Dues for operations, or as Capital Assessments.

Section 2

Annual dues for operations shall be determined by the Board of Trustees not later than ninety (90) days before the scheduled opening of the Club’s facilities in any year. Notice of the amount of these dues shall be sent to the Members within sixty (60) days of said determination by the Board, and the dues shall be payable not later than April 1st of each year.

Section 3

The Annual dues for operation shall be based upon the operation expense budget for the coming year.

Section 4

A new Member who is admitted after the assessment of the Annual dues for operation under Section 2 of this Article, but before the end of the swimming season for the year, shall pay a proportionate amount of such dues, computed in accordance with a method to be determined by the Board of Trustees.

Section 5

If the Annual dues for operations were not sufficient to meet the year’s annual operating expenses as approved in the Annual Budget, the Board of Trustees may impose on the Members a supplemental fee for operations to cover the deficiency. Such supplemental fees shall be in proportion for operations determined across all membership.

Section 6

All other assessments against Members shall be Capital Assessments, which shall theretofore include amounts assessed to provide funds for the improvement or enlargement of the Club’s facilities, to discharge indebtedness incurred for the improvement or enlargement of the Club’s facilities, or to increase the reserve fund for payment of the Capital Value of terminated Memberships.
All Capital Assessments shall be imposed equally on all Members.

Section 7

Capital Assessments to provide funds for the improvement or enlargement of the Club’s facilities may be imposed by the Board of Trustees in an amount not to exceed One Hundred Dollars and Zero Cents ($100.00) per Member for any calendar year. Such Capital Assessments more than One Hundred Dollars and Zero Cents ($100.00) annually, may be imposed only after the approval by a majority vote of the Members present at any duly held meeting of the Members.

Section 8

Capital Assessments to discharge indebtedness incurred for the improvement or enlargement of the Club’s facilities, may be imposed by the Board of Trustees alone. However, no indebtedness may be incurred for the improvement or enlargement of the Club’s facilities without the approval of a majority of the Member’s present at any duly held meeting of the Members.

Section 9

All payments required to be made to the Club by Members under the authority of this, or any other Article of these By-Laws, are exclusive of any taxes which are now, or may be imposed on such payment by Federal, State, or Local Laws. Any such taxes shall be in addition to any other required payments.

Section 10

No dues, or any part thereof, shall be refunded in the event(s) that the member terminates membership or pool operations are required to be suspended by properly constituted authority, for any period.

Section 11

A Senior Citizen Member as defined in Article II, Section 3, may choose to exercise a Senior Citizen discount option at the time dues are to be paid, at which time two forms of proof of age are required. This option will entitle the Senior Citizen Member to a discount on the dues paid by General Members. This discount will be set forth by the discretion of the Board of Trustees.

ARTICLE XI – Procedures for handling Receipts and Disbursements

Section 1

Depositories of the Club and respective maximum balances shall be resolved by the Board of Trustees at its Annual Meeting. The Board may, by resolution, replace, add or cancel depositories at interim meetings. Only one (1) depository may be used for all receipts and all Operating expenditures of the Club, and it shall be known as the “Operating Account.” Deposits in, and withdrawals from other depositories shall be transacted only within the Operating Account. The Board of Trustees may use their discretion to open additional depository accounts, such as “Payroll” or “PayPal/Credit Card” accounts to effectively manage operations.

Section 2

Securities may be purchased when resolved by unanimous approval at a meeting of the Board of Trustees.

Section 3

All payments by Members must be directed immediately to the Treasurer and/or bookkeeper, who shall credit the accounts of each payer. Treasurer and/or bookkeeper shall acknowledge the amount and classification within the accounting system.

Section 4

All other funds received by any Officer, Member or Club Manager, must be submitted to the Treasurer and/or bookkeeper within three (3) banking business days after receipt thereof. The Treasurer and/or bookkeeper shall acknowledge the amount and classification within the accounting system.

Section 5

All funds received by the Treasurer must be deposited in the Operating Account within three (3) banking business days after receipt thereof. Benefits derived from the interest-bearing deposits or securities must be reported by the Treasurer at the next meeting of the Board of Trustees.

Section 6

All checks and withdrawals above Five Thousand ($5,000) require two board of Trustees signatures.

Section 7

All expenditures shall be made by check from the Operating Account. The cancelled checks and supporting documents therefore shall be retained by the Treasurer and/or bookkeeper with the Corporate Records.

Article XII – Fiscal Year

Section 1

The fiscal year of the Corporation shall commence on October 1 of each calendar year and conclude on September 30 of the following calendar year.

ARTICLE XIII – Seal

Section 1

The Board of Trustees shall prescribe the form of a Corporate Seal, which shall include the words, “Hasbrouck Heights Swim Club, Inc.”, and “Corporate Seal”. This Seal shall be affixed to any document of the Corporation whenever required by Law, by these By-Laws, by the Board, or by Custom.

ARTICLE XIV – Amendments

Section 1

These By-Laws may be amended only by a two-thirds (2/3) vote of all Members present at a Regular Meeting, duly held after prior written notice of such meeting, to all Members not more than thirty (30) days, nor less than ten (10) days prior to the date of the meeting.
This Notice shall state the Place, Date and Time of the Meeting and shall also set forth both the existing language within the present Article and Section of the By-Laws proposed to be amended, and with an amendment(s) of such By-Law (s) respectively, along with a brief description of the purpose and/or reasoning of such proposed amendments of such By-Laws.

ARTICLE XV – Weekday Families

Section 1

In years where a waiting list exists, a maximum of fifty (50) families on the prevailing list for membership shall be offered waiting list privileges for a limited use of the club. The sequence of offers will follow the date order in which the families were assigned numbers on the waiting list. This weekday membership offer will be done on a yearly basis. When a full-time membership becomes available to a weekday member, it must be taken by the second offer or their application will be removed from the waiting list. These members shall not be bonded, nor shall have voting rights.

Section 2

A refusal of the weekday family plan shall not forfeit membership, waiting list standing.

Section 3

The weekday family plan permits use of the swim club any day during the season, except weekends and holidays. No guest passes shall be issued. Such families will be eligible for both swimming lessons and participation on the swim/dive team. Families accepting this plan for limited use of the Club are not members of the club, and have no voting rights whatsoever. However, they shall comply with all the rules and regulations of the Club, to the same extent as members.

ARTICLE XVI – Pool Management

Section 1

Please refer to Pool Management manual for roles, responsibilities and payment of Pool Management. This manual can be updated at the discretion of the Board of Trustees.

ARTICLE XVII – SWIM AND DIVE COACH

Section 1

Please refer to Swim and Dive Team manual for roles, responsibilities and payment of Swim and Dive Team Coaches. This manual can be updated at the discretion of the Board of Trustees.

ARTICLE XVIII – Guest Passes / Nanny Passes

Section 1

Guest Passes
The Club offers its members the opportunity to bring in guests of the Club. Weekday guest passes are of Ten dollars and no cents ($10.00) per day, per person, and weekend guest passes are Twelve dollars and no cents ($12.00) per day, per person. A discounted guest fee of Five dollars and no cents ($5.00) will apply for any guests arrive past 4pm on Weekdays.
The Board of Trustees may elect to increase/decrease these fees at their discretion. Guest fee rates are subject to change, pending Board of Trustees approval.

Section 2

Nanny/Caregiver Passes
The Club offers its members the opportunity to purchase a Nanny/Caregiver pass at a cost of $100.00 for the season. This pass is for families who have a nanny/caregiver for their child(ren), and the fee is in lieu of the Member paying a guest fee each time the Nanny/Caregiver brings the child(ren) down to the Club. The Nanny/Caregiver pass is not transferable. Nanny fee rates are subject to change, pending Board of Trustees approval.

ARTICLE XIX – Events at the Pool

Section 1

The Club allows for members to host Birthday Parties at the Club. All birthday parties must be scheduled with the Office/Pool Management in advance, with a Fifty dollars and no cents ($50.00) deposit. The member hosting the party must provide a list of attendees for the party, and is required to pay for each non-member attending the party, the guest fees as outlined in Article XV111, Section 1. Birthday party rates are subject to change, pending Board of Trustees approval.

Section 2

The Club may also consider private parties to be held on the Club Grounds. All fees for private parties will be determined on a case by case basis, considering the type of event and will require Board approval prior to scheduling.

ARTICLE XX – Parking

Section 1

It is the responsibility of the Pool Managers to ensure that ample parking is allotted for members. Employees should be directed to park furthest from the entrance to allow prime parking for the Members.