Bylaws

2012 Bylaw Amendment

NMMC By-Law Update – January 2012

Nonantum Mills Maintenance Corporation will begin to collect snow dues as permitted under House Bill 427 signed in July 2004.  Snow dues were previously collected by the Nonantum Mills Civic Association and the Chapel Woods Civic Association. 

House Bill No. 427 (142nd General Assembly): 

Synopsis:  This Act provides that organizations in New Castle County, as defined in Section 521 of  Title 17, may contract for snow removal services.  Currently, organizations responsible for the maintenance of common areas in subdivisions have wide-ranging powers, but they do not have the ability to contract for snow removal services. 

An Act to amend Title 17 of the Delaware Code relating to Highways, Roads and Bridges.  BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: 

Section 1. Amend subsection (a) of § 521 of Title 17 of the Delaware Code by inserting in subsection (a)(2) the phrase “open space or common facilities” following the term “public areas”.

Section 2.  Amend subsection § 521 of Title 17 of the Delaware Code by creating a new subsection (b), as follows, and by re-designating existing subsections (b) and (c) accordingly as subsections (c) and (d) respectively:

“(b) An organization created pursuant to New Castle County ordinance or regulation shall have the authority to contract for snow removal services and include the cost of such snow removal services in assessments made by such organization to property owners of the residential development or community.  Such charges or fees shall be considered assessments for the maintenance of open space and common facilities for collection and lien purposes.” 

Background for NMMC By-Law Amendment 

In order to make the snow assessment equitable for Nonantum Mills and Chapel Woods residents the Board of Directors would like to amend the Nonantum Mills By-Laws to allow separate billing rather than a uniform rate for all lots.  Separate Bank account and borrowing requirements are also outlined.  To amend the By-Laws, approval is needed by NMMC’s Board of Directors and its members pursuant to the By-Laws.  The Board of Directors has voted to approve the amendment.

Amendment to By-Laws of NMMC (Effective at JAN 2012 Annual Meeting): 

Separate Billing for Snow Removal Services 

NMMC may assess their lot owners one billing amount for Nonantum Mills and a different billing amount for Chapel Woods residents when a separate contract is in effect for each sub-division.  The Nonantum Mills snow removal costs would be spread equally among their lot owners while the Chapel Woods snow removal costs would be spread equally among their lot owners.  If there is only one snow removal contract for Nonantum Mills and Chapel Woods residents, then all lot owners would be charged a uniform rate. 

Financial Management – If separate billing is utilized, then three separate and distinct Bank accounts must be maintained as follows: 

1)     Maintenance Services – Private open space and common facilities maintenance for Nonantum Mills and Chapel Woods

2)     Snow Removal Services – Nonantum Mills

3)     Snow Removal Services – Chapel Woods 

Borrowing Requirements – If one or more bank accounts are short of funds or fully depleted, these accounts may borrow funds from another account for a maximum period of 1 year if approved by a majority vote of the Board of Directors.  The amount(s) borrowed must be replenished to the original account(s) during the next annual assessment period.  No interest will be charged to borrow the funds. 

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