BY-LAWS FOR THE GARNET MOUNTAINS PROPERTY OWNERS ASSOCIATION
A Not for Profit Mutual Benefit Corporation Under the Laws of the State of Montana
Approved February 28, 2021
ARTICLE I — Identity and Mission
Sec. 1: Identity
In 1975, property owners in the Ostler Ranch and Ostler Ranch-1 developments in Powell County, Montana, created a legal association to promote their mutual interests. The original name, “OS Property Owners Association,” was changed in 2000 to “Garnet Mountains Property Owners Association” [GMPOA]. The GMPOA is a not for profit mutual benefit corporation under the laws of the State of Montana. Its Articles of Incorporation were filed in the office of the Montana Secretary of State on February 26, 2013. The GMPOA is governed by an elected Board of Directors (referred to hereafter as “the Board”).
Sec. 2: Mission
The mission of the Garnet Mountains Property Owners Association is to protect the interests of its member property owners to the extent available resources allow by:
1. Maintaining the easement road network.
2. Mitigating fire danger.
3. Controlling the spread of invasive noxious weeds.
4. Preserving, protecting, and enhancing the natural qualities of GMPOA-owned properties.
ARTICLE II – Membership
Sec. 1: Who is a Member
All persons with a property interest in parcels within the Ostler Ranch and Ostler Ranch-1 developments in Powell County, Montana, are members of the GMPOA. The Ostler Ranch and Ostler Ranch-1 developments include Township 11 N, Range 11 W, Sec. 1, Sec. 3, Sec. 4, Sec. 5, Sec. 9, Sec. 10, Sec. 11, Sec. 12; Township 12 N, Range 11 W, Sec. 27, Sec. 28, Sec. 29 (east half only), Sec. 32, Sec. 33, Sec. 34.
Sec. 2: Rights of Members
1. Members have the right to participate in all elections. One vote is allowed per principal property owner.
2. Members have the right to propose actions by the Board.
3. Members have the right to receive an annual report on the activities of the Board and the GMPOA and an annual financial report.
ARTICLE III – Meetings
Sec. 1: Membership Meetings
1. The Board will call for an annual informational meeting at a time and place it deems convenient for its property
owners. No votes will be taken at the annual informational meeting.
2. The Board may call for additional meetings, as necessary.
3. Notice of the members’ meetings, stating the time and place and the objects for which the meeting is called, will be mailed in writing to each member at the member’s address as it appears in the records of the GMPOA at least 30 days prior to the date of the meeting. If members provide an email address, notice of meetings may be given via email instead of being mailed. Notice of meetings will also be posted on the GMPOA website.
Sec. 2: Board Meetings
1. Meetings of the Board may be held at a regular time and place as will be determined by a majority of the
Board. Notice of meetings will be given to each Board member personally, by mail, email, or telephone, at least three days prior to the day named for such meeting. Meetings may be in-person or via telephone conference.
2. A quorum of 4 of the 7 Board members is necessary for consideration of Board actions, and the meeting must be presided over by the President or Vice-President of the Board. Actions by the Board must be approved by a majority vote of those present at the meeting.
3. Robert’s Rules of Order will govern the conduct of Board meetings.
ARTICLE IV –Board Membership, Terms of Office, and Duties
Sec. 1: Board Membership
The Board will have 7 members elected by the property owners.
Sec. 2: Board Terms of Office
1. Board members will serve staggered terms of 6 years.
2. The term of office begins on January 1 of the year following the election.
3. If a Board member vacates his/her position during the 6-year term, the Board by majority vote will appoint a new Board member to fill the remainder of the term of office.
Sec. 3: Officers of the Board
1. President
a. The President will be selected by a majority vote of the Board.
b. The President will call for and preside at Board meetings.
c. The President will represent the Board and members in dealings with Powell County and/or the State of Montana.
d. The President can appoint special committees to further the mission of the GMPOA. The committees can include Board members and/or non-Board members.
e. The President will facilitate a report to the membership at least once a year on the activities of the Board and the GMPOA.
f. The President will work with the Treasurer in dispensing funds to support the mission of the GMPOA, as approved by the Board. Each disbursement will require signatures of two authorized Board members.
2. Vice-President
a. The Vice-President will be selected by a majority vote of the Board.
b. The Vice-President will act on behalf of the President in the event of his/her absence.
3. Treasurer
a. The Treasurer will be selected by a majority vote of the Board.
b. The Treasurer will be the Trustee of GMPOA funds. The funds will be deposited in an FDIC-insured bank account. The Treasurer will work with the President in dispensing funds to support the mission of the GMPOA, as approved by the Board. Each disbursement will require signatures of two authorized Board members.
c. The Treasurer will ensure the payment of all taxes owed by the GMPOA and the mailing of tax documents, as necessary.
d. The Treasurer will maintain a current written record of GMPOA income, expenses, and assets.
e. The Treasurer will facilitate a financial report provided to the members at least once a year.
4. Administrator
a. The Administrator will be selected by a majority vote of the Board.
b. The Administrator will record and preserve minutes of all called Board meetings.
c. The Administrator will serve as parliamentarian at Board meetings, facilitating the application of Robert’s Rules of Order.
d. The Administrator will maintain as current a record of GMPOA membership as possible.
e. The Administrator will maintain the annual registration of the GMPOA with the Montana Secretary of State.
f. The Administrator will facilitate all required notices to the members and Board.
Sec. 4: Duties of the Board
1. Members of the Board will work on committees appointed by the President to carry out the mission of the GMPOA.
2. The Board has the authority to raise funds to carry out the mission of the GMPOA, including, but not limited to, grant applications, cattle leases, appeals to the membership, sale of assets, and solicitation of Powell County and/or State of Montana funding.
3. The Board has the authority to enter contracts and disburse funds to carry out the mission of the GMPOA.
4. The Board and their families are entitled to no pecuniary gain or profit.
5. In the event of the dissolution of the GMPOA, the Board will distribute remaining assets, after payment of all debts, in equal shares to GMPOA members.
ARTICLE V – Elections
Sec. 1: Timetable
1. Candidates who wish to be considered for election to the Board must submit their names to the Board in writing to PO Box 122, Helmville, MT 59843 by May 1 of the election year, indicating they would like to run for a specific seat on the Board.
2. If no candidates come forward for a seat scheduled for election, the existing Board member will serve an additional 6-year term.
3. Ballots must be mailed to all property owners by August 15thof the election year. Property owners must return ballots by October 1st.
4. The duly elected Board members will take office January 1 following the election.
Sec. 2: Voting
1. Candidates will be elected by written paper ballot mailed to each principal property owner listed in Montana Cadastral and/or the Powell County, Montana, property tax rolls. One vote is allowed per principal property owner. Voters will choose one candidate for each seat up for election.
2. The top vote-getter for each seat will be elected. In case of a tie, a coin toss will determine the winner.
Sec. 3: Recall
1. A petition to recall a Board Member may be initiated by Board action or by a petition for grievance by at least 30 GMPOA members.
2. A GMPOA member petition for recall must be followed by Board action to approve the recall.
3. A recall will be determined by a member vote, according to the procedures listed in Article V, Section II of these By-Laws, with a simple majority of returned ballots determining the outcome.
ARTICLE VI – Amendments to the By-Laws
Any provisions of these by-laws may be amended by a two-thirds majority vote of ballots returned by members, according to the procedures listed in Article V, Section II of these By-Laws. Amendments may be proposed by Board members or by a petition of 30 property owners.