Lake Plymouth

COMMUNITY ASSOCIATION INC.

BY-LAWS

LAKE PLYMOUTH, 

LITCHFIELD COUNTY, CONNECTICUT

BY-LAWS OF THE LAKE PLYMOUTH COMMUNITY ASSOCIATION, INC.

REVISED – April 8,2026

Preface

These By-Laws are solely for the purpose of carrying out the provisions of Special Act No. 86-56 “An Act incorporating the Lake Plymouth Community Association, Incorporated,” enacted by the 1973 Connecticut General Assembly and revised May 5, 1986, by the General Assembly.  Nothing contained herein shall be construed to run counter to the provisions of said act.

ARTICLE I – MEMBERSHIP

Section 1.  All persons eighteen years of age and older who own any property valued at $1,000 or more on the grand list to which is attached the right to the use and enjoyment of Lake Plymouth within the limits and territory of the locality known as Lake Plymouth located in Plymouth, Connecticut, as specified in Special Act No. 86-56, shall while they continue to be owners of such land, be members of the Lake Plymouth Community Association, Incorporated, hereinafter referred to as the “Association.”

Section 2.  Renters that are not owners of property and immediate family members shall be known as Limited Members, have the right to participate in meetings and in social functions, but will have no voting right and will not be eligible to hold any office.  There will be no fee for this type of membership.

Section 2A.  Limited Members may also have the right to serve on any committee but may not chair said committee.

Section 3.  Each member shall have one vote at the Association meetings.  Corporations owning property within said Association limits may appoint, in writing, an agent who will be entitled to one vote at Association meetings.  Guardians, administrators, executors or trustees, etc. having control over land within said Association limits, shall have the same power and right to vote as an Association member. There is no proxy voting. Members must be in attendance to cast a vote.

ARTICLE II – ASSOCIATION MEETINGS

Section 1.  Regular meetings of the Association shall be held in May and September, at such times and such places as the Board of Governors may decide. There is a 10-day newspaper publication (Republican American of Waterbury Ct) requirement for all annual or special meetings. Notices are required to include a description of the business to be transacted. These meetings will also be included in an association email blast and posted on the community website; www.lakeplymouthct.org

Section 2.  Special meetings of the Association may be called by the President or the Board of Governors.  They shall also be called by the Secretary within twenty-one days (21) of receiving a written petition for one, from at least twenty (20) voters. There is a 10-day newspaper publication (Republican American of Waterbury Ct) requirement for all annual or special meetings. Notices are required to include a description of the business to be transacted. These meetings will also be included in an association email blast and posted on the community website; www.lakeplymouthct.org

Section 3.  The annual meeting of the Association for election of officers and successors to the members of the governing board whose terms expire shall be held in September each year. The first order of business will be to elect members of the Board of Governors to fill vacancies caused by those whose terms have expired, or for those vacancies caused by Board members who have resigned.  The next order of business will be to elect, from the Board of Governors, the Association officers.  The meeting for adoption for a budget and tax based on the budget shall be held in May each year.  No absentee ballots will be provided or proxy votes allowed at any Association meeting. There is a 10-day newspaper publication (Republican American of Waterbury Ct) requirement for all annual or special meetings. Notices are required to include a description of the business to be transacted. These meetings will also be included in an association email blast and posted on the community website; www.lakeplymouthct.org

 Section 4.  Fifteen voting members present in person shall constitute a quorum at any regular, special, or annual meeting of the Association.  Vote will be by simple majority with the exception of changes in by-laws, an enactment of ordinances, or overruling the President which shall require a two-thirds majority vote of the members present.

Section 5.  With the exception of procedures specifically mentioned in the by-laws, all meeting of the Association shall be conducted in accordance with Roberts Rules of Order.  The President shall make the final decision in this regard unless overruled by a two-thirds majority vote of the members present.  The President shall have the power to call any member present at the meeting out of order or request any member to leave the meeting for disorderly conduct.  However, the individual accused by the President of being disorderly may immediately move for a vote of the membership present as to whether he is disorderly and should leave the meeting.  If a second to the motion is received, the President will open the meeting to discussion on the motion.  If three quarters of the members present then vote in favor of the motion, the speaker is not required to leave the meeting for disorderly conduct.  If the speaker does not move for said vote of the membership prior to the next motion on the floor the decision of the President shall be binding.

Section 6.  All newly elected officers and Board of Governors at the annual meeting in September shall assume their respective duties upon the closing of said meeting.

ARTICLE III – OFFICERS

Section 1.  The President shall be the chief executive officer of the Association.  The President shall preside over all meeting of the Board of Governors, and of the Association.  The President shall have general and active supervision and management of the affairs of the Association and shall see that all rules and resolutions of the Association are carried into effect.  The President shall have power to sign all contracts, obligations, conveyances, and other documents to or from the Association and shall have all other powers and perform all other duties usually vested in the office of President.  Along with the Treasurer the President shall co-sign all Association checks and be bonded.

Section 2.  The Vice-President shall perform the duties and exercise the powers of the President during his disability or absence.  The Vice-President shall also preside at all meeting of the Board of Governors and of the Association if the President, for any reason shall not be present.  The Vice-President shall have all other powers and perform all other duties usually vested in the office of Vice-President.

Section 3.  The Secretary shall attend all meetings of the Board of Governors and all regular, special, and annual meetings of the Association and shall make and preserve in the books of the Association a true minute of the proceedings of all such meetings.  The Secretary shall give all notices required by statute, by-laws or resolutions and shall have all other powers and perform all the duties usually incident to this office.

Section 4.  The Treasurer shall have custody of all corporate funds and securities and shall keep all books belonging to the Association and full and complete accounts of all receipts and disbursements.  The Treasurer shall deposit all money and other valuable effects in the name of the Association in such depositories as may be directed by the Board of Governors or shall disburse the funds of the Association as may be ordered by the Board of Governors or by the President, but no check shall be signed in blank.  The Treasurer shall render accounts of his transactions as Treasurer and of the financial condition of the Association to the Board of Governors at their regular meetings and to the Association at its budget and election meetings.  The Treasurer shall have all the powers and perform all other duties incident to this office.  All checks of the Association shall be co-signed by the Treasurer and the President.  The Treasurer shall be bonded along with the President. The Treasurer is required to provide a statement concerning the accounts and finances with the clerk of the town after accounts are reviewed by a Certified Public Accountant.

Section 5.  The Vice-President shall automatically become the President when a vacancy in that office occurs.  Vacancies in all the other offices (Vice-President, Secretary and Treasurer shall be filled at the next regular meeting of the Association.  A member of the Board of Governors shall be elected by the Board of Governors to fill the vacancy until such meeting. Those filling the vacancies shall serve until the next regular meeting of the Association.

ARTICLE IV – BOARD OF GOVERNORS

Section 1.  The government, property, and affairs of the Association shall be managed by and vested in a board of Governors.  Subject always, however, to the express direction of the Association members given at any regular, special or annual Association meeting.

Section 2.  The Board of Governors shall have power:

(1)  To appoint or authorize the appointment of such committees from time to time as it may deem necessary or convenient and to define their powers and duties.

(2)  To call a special meeting of the members of the Association.

(3)  To enter into contracts, to incur obligations on behalf of the Association, to expend Association monies.  However, the Board must obtain approval from membership at an Association meeting before entering transactions which amount to more than $5,000.00 which were not previously approved in the annual budget.

(4)  To levy and collect fines of not more than $25.00 for each violation of the Association’s by-laws and ordinances after giving the accused violator a reasonable opportunity to be heard by the Board.

(5)   Generally, to perform all duties, carry on all functions, exercise all power and to do all things be it deemed necessary or proper to promote the objectives of the Association as set forth in Special Act No. 86-56 and the Association’s by-laws and ordinances, subject always, however, to the express direction of the Association given at meetings duly assembled, or by the State of Connecticut’s Office of Policy and Management.

Section 3.  The Board of Governors shall have the responsibility:

(1)  To prepare and present to the association at its budget meeting in May a yearly budget and a tax based on the budget.

(2)  To ensure that the provisions of Special Act No. 86-56 and the Association’s by-laws and ordinances are carried out, and to carry out the directions of the Association’s members.

(3)  To determine the time and place of the Association’s annual meetings and to ensure that proper notice is given to the membership.

(4)  Members of the Board of Governors who shall absent themselves from three successive meetings of the Board or Association shall be removed from office by a vote of two-thirds of the members of the Association or the Board of Governors at a board meeting, present at any duly called meeting, unless the membership shall by majority action, find that sufficient cause for such absence existed.

(5)  The Board of Governors may hold meetings at such time and place as the Board shall from time to time designate.

(6)  Each member of the Board shall have one vote at board meetings.  However, the President will only vote in case if a tie vote among the other members.

(7)  A majority (six) of the members of the Board shall constitute a quorum at board meetings.

ARTICLE V – COMMITTEES

Section 1.  Select Committees – Select committees of the Association shall be appointed by the President from volunteers whenever the Association members at a regular or special meeting feel this is necessary.  Select committees shall dissolve whenever they have completed the function for which they were formed.

Select committees may make expenditures not exceeding $500.00 for any one transaction, with approval of the President.  Expenditures exceeding that amount require approval by the Board of Governors.  When the amount exceeds $5,000.00 a majority approval of the Association membership at any meeting is required, unless previously approved in the annual budget.  The chairperson of each select committee shall have the responsibility of obtaining other members to serve on the committee as the need arises and shall report the committee’s activities to the Association members at each regular Association meeting.

ARTICLE VI – AMENDMENTS TO BY-LAWS

Amendments to the by-laws may only be made by a vote of two-thirds of the members present at a special meeting called for said purpose.  No by-laws will take effect until ten days after its passage nor until it has been posted on the community website for ten days.  A certificate from the Secretary of the Association of the posting of any by-laws shall be prime facie evidence of such posting.

ARTICLE VII – ORDINANCES

Ordinances shall be enacted, revised, voted on, etc. in the same manner as the by laws.  They shall take effect in the same manner.

ARTICLE VIII – PENALTIES

The governing board may fix a penalty for each violation of the Association’s by-laws and ordinances, and the penalties may be recovered in any action brought for the purpose in the name of the Association before any court having jurisdiction, for the use and benefit of the Association.  The accused violator shall have the right to a hearing before the Board, if requested, within ten (10) days after receiving notification that a penalty is being assessed.  All such requests will be heard within two (2) weeks of being made and a decision will be made within two (2) weeks of the hearing.  The accused may further appeal to the membership at the next regular meeting following the Board’s decision.  The majority vote of the membership at the meeting will be binding.

ARTICLE IX – TAXATION

The Association shall assess one tax per property based upon the assessed value provided by the Plymouth town hall tax assessor’s office most recent grand list. The mill rate will be calculated on these values after the budget is determined. Any assessment disputes must be addressed at the Plymouth town hall tax assessor’s office. The Board of Governor’s has no influence on property values.

Those members who are senior citizens, permanently disabled, or a Veteran will be eligible for a 5% discount off the assessed value provided by the town with proof of age (65) or supporting documents.  Discounts only apply to a primary residence. (Residence is determined by mailing address provided by the Plymouth town tax collector’s office) The Treasurer will be responsible for applying discounts after proper proof has been submitted. Discounts will not be applied retroactively or cumulatively.

As a special taxing district, the Lake Plymouth Community Association has the legal authority to lien any property for non-payment of taxes. When petitioning the courts to foreclose on any property. All court filing fees, attorney fees, and any expense incurred by the Association in this process is the property owner’s responsibility. Once three years of liens are in place the accounts will automatically be sent to an attorney for debt collection and foreclosure. 

ARTICLE X – SPECIAL PUBLIC WORKS PROJECTS

All special / public works projects (classified as anything other than normal maintenance) will make a reasonable effort to obtain three responsible quotes. The Board of Governors will evaluate all quotes and present the selected bid to the community. In addition, the Lake Plymouth Community Association must follow all requirements mandated by the state of Connecticut to include but not limited to those listed below.

Requirements Mandated by the State of Connecticut

Below is a glance of additional requirements that need to be fulfilled when contracting for public works projects with expenditures greater than $100,000. Including the CGS Section for reference.

The following provisions of the statutes may apply to special taxing districts.

 Districts can avoid legal challenges to their actions by adhering to these requirements.

PUBLIC WORKS PROJECTS (PREVAILING WAGE)

Special districts are subject to statutes governing public works construction which require each contract for any public works project provide for payment of wages at the

prevailing wage rate for that type of work. (CGS Section 31-53) & (CGS Section 31-53c).

SMALL CONTRACTOR AND MINORITY BUSINESS SET-ASIDES

Political subdivisions of the state other than municipalities are required to set aside for small contractors’ contracts or portions of contracts for public works projects and purchases of goods or services.  (CGS Section 32-9e).

NONDISCRIMINATION CLAUSES IN CONTRACTS

Any political subdivision of the state other than a municipality is required to include in any contract provisions prohibiting discrimination on the part of the contractor. (CGS Section 4a-60).

Districts are authorized to levy special benefit assessments to pay for drains, sewers, sidewalks, curbs or gutters. Flood or erosion control systems can be assessed in accordance with the same rules as for our municipal assessments for similar projects (CGS Section 7-328).

Districts may issue bonds for any public works projects which they are authorized to construct under Chapter 105. Their procedures for the issuance of such bonds must be in accordance with the statutory Municipal Bonding Act (CGS Sections 7-369 to 7-380a), and their indebtedness will be considered as underlying debt of their host municipality by municipal credit rating agencies.

ORDINANCES OF THE LAKE PLYMOUTH

COMMUNITY ASSOCIATION, INCORPORATED

1. All boats shall have proper identification which is as follows: Street Abbreviation and House Number.  Example:

                           LPB347  (347 Lake Plymouth Blvd).

This is to ensure that Lake Plymouth is only used by Lake Plymouth residents, owners and their guests.

2. No motors of any kind are allowed in or on the lake to protect the waters of Lake Plymouth against pollution and to ensure the safety and wellbeing of its residents.

3. No ice fishing is allowed to safeguard the residents.

4. No dumping of refuse of any kind into Lake Plymouth, neighborhood storm drains, common properties or the surrounding state forest.

5. No use of fire (open burning) on the beaches for cooking or any other purpose.  All refuse to be removed or put into containers provided.  Violators will be subject to a fine of no less than $25.00

6. Speed limit on all Association roads shall not exceed 20 mph.

7. No unauthorized vehicles over 5 tons shall be allowed on roadways within the Association territory.  Violators are subject to fine and/or arrest.

8. During excavation of any type, all earth and sand piles must be contained by silt fences or hay bailed to prevent erosion and runoff.  Violators will be subject to a fine of no less than $25.00.  The President of the Association shall be notified of such excavation prior to beginning.

9. Those vehicles parked in the wrong direction of roadways will be subject to fine.

10. All dogs are subject to the Town’s canine control ordinances.  Owners who allow dogs to roam unleashed will be subject to a fine.

11. All State Department of Environmental Protection Regulations, which include fish and game will apply.  Those abusing privileges will be subject to arrest.

12. During storm emergencies all vehicles will be parked on the side away from the lake to facilitate plowing.  The following day all vehicles will park of the opposite side of the road.  Non-conforming vehicles will be towed by the Town or ticketed.

13. All guests of Association members must be accompanied by the Association host or have in their possession the identification card issued to the member while they are fishing, boating, or swimming on Association property.

#14. All Lake Plymouth Association properties known as or referred to as plated, paper roads or right of ways, will remain in their current natural state. No construction or clearing of these properties are permitted without Association approval.  Per Special Act No. 86-56, the Association has the legal right to govern and manage these lands on behalf of all Association members.

In the event a landowner wishes to alter said lands at any time, a petition must be submitted to the Board of Governors.  If the board decides the petition has merit, it will be forwarded for legal review and opinion before being presented to the community at a special meeting for a vote. If the Board denies the request, the landowner shall have the right to a hearing before the Board, if requested, within ten (10) days after receiving notice of a denial. All requests will be heard within two (2) weeks of being made and a decision will be made within two (2) weeks of the hearing. The landowner has the right to appeal directly to the Association. They shall request a special meeting, and the majority vote of the membership at the meeting shall be binding.

Penalties for the destruction of Lake Plymouth Community Association properties will include assuming responsibilities of all attorney fees incurred by the Association while prosecuting to the fullest extent of the law.

#15. The keeping of livestock within the limits of the Lake Plymouth Community Associations is strictly prohibited. Including but not limited to, chicken, goats, rabbits and ducks. Due to the hazards associated with E-Coli contaminating the lake and watershed, this rule will be strictly enforced.

#16. The Lake Plymouth Community Association does not encourage, promote or endorse fireworks anytime of the year. The L.P.C.A. will not assume responsibility or liability for any damage or injury incurred with the use of fireworks. Fireworks are strictly prohibited on association property. The local police department will take notes and enforce any state laws being broken.