By-Laws
of the
Rural Cemetery Association
of
Center Sandwich, New Hampshire
Rural Cemetery Association
of
Center Sandwich, New Hampshire
ARTICLE I
Definitions. To be used in these Bylaws unless the context clearly requires otherwise.
1.“Burial Space” means a lot in any cemetery, mausoleum, or columbarium as designed and intended for the interment of human body, bodies, or remains, but presently not used for such purpose.
2. “Cemetery” means any cemetery owned, managed, or controlled by any municipality within this state or owned and managed by any nonprofit cemetery corporation chartered by the state. Mausoleums and columbariums shall be included within the term “cemetery”.
3. “Cemetery association” means a nonprofit cemetery corporation, the voting members of which are the owners of burial spaces in the cemetery owned and operated by the association.
4. “Cemetery corporation” means a nonprofit corporation, organized for the purpose of operating a cemetery.
5. “Board of Trustees” means duly elected members of the cemetery association responsible for the operation of the cemetery.
6. “Owner” means any person or persons owning or possessing the privilege, license, or right of interment in any burial space.
7. “Perpetual Care” means funds on deposit with the Town of Sandwich, Trustee of Trust Funds, the income from which can be spent for reasonable and practical care of the cemetery, including fence repair, mowing, raking and other required maintenance. In no case shall it mean maintenance, repair or replacement of any memorial or corner marker erected or placed upon a burial space, nor the performing of any special or unusual work on a specified burial space in the cemetery.
8. “Proxy” means a written authorization of a member which allows another person to cast his/her vote on a matter or matters presented to the ownership at large. In no event shall a proxy be valid for a period longer than 120 days after the date of the first meeting for which it was given. A proxy shall be revocable at any time at the pleasure of the member executing it.
9. “Purchase Agreement” means a written contract between the cemetery association and a private party for the purchase of burial space.
ARTICLE II
Section 1. The name of this Association shall be the Rural Cemetery Association (RCA) of Sandwich, New Hampshire. The purposes of the Association are to administer and operate the RCA, receive and acquire additions to the cemetery, sell lots and burial rights therein, and to improve and maintain the cemetery as a peaceful, dignified, safe and beautiful area as well as a reverent symbol for the dead and a valuable link to the heritage of the community.
Section 2. The Bylaws and Rules For Rural Cemetery shall be in accordance with NH Statute RSA 289:2, as amended. Further, the RCA is a “nonprofit” cemetery corporation subject to the relative provisions of NH Statutes.
ARTICLE III
The Board of Trustees shall consist of ten members, including four (4) officers: President, Vice-President, Treasurer, and Secretary. The Trustees are to be elected at the Annual Meeting for a one year term or until their successors are duly elected or appointed.
ARTICLE IV
Section 1. The President shall preside at all meetings of the Association and of the Board of Trustees. He/she, or their designee, shall sign the Purchase Agreement and other documents conferring burial rights in the Cemetery. The President may establish committees as he/she deems necessary. Vacancies occurring in the Board of Trustees shall be filled by appointment until the next Annual Meeting. The President shall perform such other duties as are usual for the office or directed by these Bylaws.
Section 2. The Vice-President, in the absence of or inability of the President to perform his/her duties, shall act in the President’s stead.
Section 3. The Treasurer shall receive all monies due or given to the Association, pay those Association debts approved by the President or Vice-President and maintain the records of the accounts of the Association. The fiscal year of the Association will be July 1st – June 30th. The President shall appoint a committee to audit the fiscal records of the Association subsequent to the close of the fiscal year and prior to the Annual Meeting.
Section 4. The Secretary shall take minutes of all meetings of the Association and of the Board of Trustees. He/she shall receive, reply to, and maintain files of the correspondence of the Association. He/she shall maintain detailed records of the lots and burial rights within the Cemetery, including Purchase Agreements and perpetual care documents. He/she shall provide written or oral notification of all Association and Board of Trustees meetings to appropriate persons prior to such a meeting.
ARTICLE V
The Board of Trustees shall administer and supervise the operations of the Association in accordance with NH Statutes and general directions given by the Association membership at annual and special meetings. It shall meet once in the spring and fall of each calendar year. Special meetings or meetings held electronically may be called by the President as he/she deems necessary or when three or more of the members of the Board of Trustees so request. Five members of the Committee shall constitute a quorum. Each member shall have one vote.
ARTICLE VI
Section 1. To be a member of the Association and be eligible to vote, a person must be a lot owner in the Rural Cemetery and must meet the requirements of Section 2 of this article. Members shall be entitled to cast one vote for each lot that they own. At the Annual Meeting or Special Meetings of the membership, or adjournment thereof, a member may vote in person, or by proxy, executed in writing by the member or his authorized representative. Proxies must be received by the President not later than 5 p.m. on the day preceding the date of the meeting.
Section 2. There shall be two categories of membership in the Association:
a. Annual, with dues of $20.00 per year.
b. Life, those members who have established a perpetual care trust of $500.00 or more shall be considered as life members and shall not be subject to payment of annual dues. Note: in cases of multiple lot ownership the payment of $20.00 covers all the co-owners.
Section 3. Persons interested in the care and preservation of the Cemetery or any lot therein may become non-voting members of the Association upon payment of annual dues. Board of Trustees members in this category shall be entitled to one vote.
ARTICLE VII
Section 1. The Annual Meeting of the Association shall be held in Center Sandwich, New Hampshire, in July or August at a place and on the date designated by the President. Fourteen days prior notice by first class mail, or by email if that delivery method is requested by the lot owner, shall be given to all lot owners of record at addresses on file. Notice is effective upon mailing or emailing.
Section 2. Other meetings of the Association shall be held at the times and places designated by the President. Such meetings shall be called as deemed necessary by the President, or by the request of three members of the Board of Trustees, or by the request of seven members of the Association. Lot owners shall be given ten days prior notice by first class mail, or by email if that delivery method is requested by the lot owner, of such meetings.
Section 3. Nine members shall constitute a quorum at all Annual or a Special Association meetings.
ARTICLE VIII
Lot Ownership
Section 1. No persons shall be considered as a rightful owner of any burial space unless they be in possession of a duly executed Purchase Agreement, Certificate of Ownership, or deed. However, the records of the cemetery association shall be considered as final in determining ownership of any given burial space.
Section 2. It shall be the duty of a lot owner to notify the Board of Trustees of any change of address. Notice sent to the space owner at the last address on file shall be sufficient and proper legal notice.
Section 3. NH Statute RSA 290:24 and of other applicable laws of NH governing the descent of title for cemetery spaces, as well as other matters relating to their ownership shall apply. Upon the decease of an owner of a burial space, the heirs or devisees of such person shall file with the Board of Trustees full proof of ownership. A Purchase Agreement indicating the Designee, wills or probate records are normally sufficient.
ARTICLE IX
Liability
The Association and its Board of Trustees, collectively or individually, shall not be held liable for any act done in good faith, or for good faith, any omission to act. The Association and its Board of Trustees shall be held harmless from and against any loss or liability that the Association incurs (and all expenses reasonably incurred in defending against claims arising out of such losses or liability) for actions that the Association and Board of Trustees take or omit (other than actions and omissions constituting willful misconduct). The Association and its Board of Trustees furthermore, shall not be liable for any loss or damage resulting by reasons of events beyond its reasonable control, including acts of war, terrorism, riots, civil emergencies, act of God or nature, or acts of civil or military authority.
ARTICLE X
Section 1. These Bylaws may be amended at the Annual Meeting or the Association or another meeting for such purpose by two-thirds vote of the voting members present and voting, including those absent and voting by proxy. Rules For Rural Cemetery may be changed by a simple majority vote of the members. Written motions from lot owners to amend these Bylaws or change the Rules, must be received by the Board of Trustees not later than June 1st, and if deemed warranted by the Board of Trustees, shall be acted upon at the Annual Meeting. Lot owners will be sent a copy, with a brief explanation or outline of any substantial proposed amendments or
changes, with the Annual Meeting notice.
ARTICLE XI
The officers and trustees of the Association shall comply with all the requirements of New Hampshire state laws where conflicts of interest are involved. Any possible conflict of interest on the part of any member of the Board, officer or director, of the Rural Cemetery Association of Sandwich New Hampshire, and when the interest involves a specific issue before the Board, shall be disclosed to the Board and made a matter of record. The minutes of the meeting shall reflect that a disclosure was made, the abstention from voting and the actual vote itself. Every new member of the Board will be advised of this policy upon entering the duties of office and shall sign a statement acknowledging, understanding and agreeing to this policy.
ARTICLE XII
Upon the dissolution of the Cemetery Association, its assets shall be distributed for one or more tax-exempt purposes in accordance with such applicable sections of the Internal Revenue Code (the “IRC”) as may be amended from time to time. The assets are to be distributed in the following manner:
Updated 7/27/11
Definitions. To be used in these Bylaws unless the context clearly requires otherwise.
1.“Burial Space” means a lot in any cemetery, mausoleum, or columbarium as designed and intended for the interment of human body, bodies, or remains, but presently not used for such purpose.
2. “Cemetery” means any cemetery owned, managed, or controlled by any municipality within this state or owned and managed by any nonprofit cemetery corporation chartered by the state. Mausoleums and columbariums shall be included within the term “cemetery”.
3. “Cemetery association” means a nonprofit cemetery corporation, the voting members of which are the owners of burial spaces in the cemetery owned and operated by the association.
4. “Cemetery corporation” means a nonprofit corporation, organized for the purpose of operating a cemetery.
5. “Board of Trustees” means duly elected members of the cemetery association responsible for the operation of the cemetery.
6. “Owner” means any person or persons owning or possessing the privilege, license, or right of interment in any burial space.
7. “Perpetual Care” means funds on deposit with the Town of Sandwich, Trustee of Trust Funds, the income from which can be spent for reasonable and practical care of the cemetery, including fence repair, mowing, raking and other required maintenance. In no case shall it mean maintenance, repair or replacement of any memorial or corner marker erected or placed upon a burial space, nor the performing of any special or unusual work on a specified burial space in the cemetery.
8. “Proxy” means a written authorization of a member which allows another person to cast his/her vote on a matter or matters presented to the ownership at large. In no event shall a proxy be valid for a period longer than 120 days after the date of the first meeting for which it was given. A proxy shall be revocable at any time at the pleasure of the member executing it.
9. “Purchase Agreement” means a written contract between the cemetery association and a private party for the purchase of burial space.
ARTICLE II
Section 1. The name of this Association shall be the Rural Cemetery Association (RCA) of Sandwich, New Hampshire. The purposes of the Association are to administer and operate the RCA, receive and acquire additions to the cemetery, sell lots and burial rights therein, and to improve and maintain the cemetery as a peaceful, dignified, safe and beautiful area as well as a reverent symbol for the dead and a valuable link to the heritage of the community.
Section 2. The Bylaws and Rules For Rural Cemetery shall be in accordance with NH Statute RSA 289:2, as amended. Further, the RCA is a “nonprofit” cemetery corporation subject to the relative provisions of NH Statutes.
ARTICLE III
The Board of Trustees shall consist of ten members, including four (4) officers: President, Vice-President, Treasurer, and Secretary. The Trustees are to be elected at the Annual Meeting for a one year term or until their successors are duly elected or appointed.
ARTICLE IV
Section 1. The President shall preside at all meetings of the Association and of the Board of Trustees. He/she, or their designee, shall sign the Purchase Agreement and other documents conferring burial rights in the Cemetery. The President may establish committees as he/she deems necessary. Vacancies occurring in the Board of Trustees shall be filled by appointment until the next Annual Meeting. The President shall perform such other duties as are usual for the office or directed by these Bylaws.
Section 2. The Vice-President, in the absence of or inability of the President to perform his/her duties, shall act in the President’s stead.
Section 3. The Treasurer shall receive all monies due or given to the Association, pay those Association debts approved by the President or Vice-President and maintain the records of the accounts of the Association. The fiscal year of the Association will be July 1st – June 30th. The President shall appoint a committee to audit the fiscal records of the Association subsequent to the close of the fiscal year and prior to the Annual Meeting.
Section 4. The Secretary shall take minutes of all meetings of the Association and of the Board of Trustees. He/she shall receive, reply to, and maintain files of the correspondence of the Association. He/she shall maintain detailed records of the lots and burial rights within the Cemetery, including Purchase Agreements and perpetual care documents. He/she shall provide written or oral notification of all Association and Board of Trustees meetings to appropriate persons prior to such a meeting.
ARTICLE V
The Board of Trustees shall administer and supervise the operations of the Association in accordance with NH Statutes and general directions given by the Association membership at annual and special meetings. It shall meet once in the spring and fall of each calendar year. Special meetings or meetings held electronically may be called by the President as he/she deems necessary or when three or more of the members of the Board of Trustees so request. Five members of the Committee shall constitute a quorum. Each member shall have one vote.
ARTICLE VI
Section 1. To be a member of the Association and be eligible to vote, a person must be a lot owner in the Rural Cemetery and must meet the requirements of Section 2 of this article. Members shall be entitled to cast one vote for each lot that they own. At the Annual Meeting or Special Meetings of the membership, or adjournment thereof, a member may vote in person, or by proxy, executed in writing by the member or his authorized representative. Proxies must be received by the President not later than 5 p.m. on the day preceding the date of the meeting.
Section 2. There shall be two categories of membership in the Association:
a. Annual, with dues of $20.00 per year.
b. Life, those members who have established a perpetual care trust of $500.00 or more shall be considered as life members and shall not be subject to payment of annual dues. Note: in cases of multiple lot ownership the payment of $20.00 covers all the co-owners.
Section 3. Persons interested in the care and preservation of the Cemetery or any lot therein may become non-voting members of the Association upon payment of annual dues. Board of Trustees members in this category shall be entitled to one vote.
ARTICLE VII
Section 1. The Annual Meeting of the Association shall be held in Center Sandwich, New Hampshire, in July or August at a place and on the date designated by the President. Fourteen days prior notice by first class mail, or by email if that delivery method is requested by the lot owner, shall be given to all lot owners of record at addresses on file. Notice is effective upon mailing or emailing.
Section 2. Other meetings of the Association shall be held at the times and places designated by the President. Such meetings shall be called as deemed necessary by the President, or by the request of three members of the Board of Trustees, or by the request of seven members of the Association. Lot owners shall be given ten days prior notice by first class mail, or by email if that delivery method is requested by the lot owner, of such meetings.
Section 3. Nine members shall constitute a quorum at all Annual or a Special Association meetings.
ARTICLE VIII
Lot Ownership
Section 1. No persons shall be considered as a rightful owner of any burial space unless they be in possession of a duly executed Purchase Agreement, Certificate of Ownership, or deed. However, the records of the cemetery association shall be considered as final in determining ownership of any given burial space.
Section 2. It shall be the duty of a lot owner to notify the Board of Trustees of any change of address. Notice sent to the space owner at the last address on file shall be sufficient and proper legal notice.
Section 3. NH Statute RSA 290:24 and of other applicable laws of NH governing the descent of title for cemetery spaces, as well as other matters relating to their ownership shall apply. Upon the decease of an owner of a burial space, the heirs or devisees of such person shall file with the Board of Trustees full proof of ownership. A Purchase Agreement indicating the Designee, wills or probate records are normally sufficient.
ARTICLE IX
Liability
The Association and its Board of Trustees, collectively or individually, shall not be held liable for any act done in good faith, or for good faith, any omission to act. The Association and its Board of Trustees shall be held harmless from and against any loss or liability that the Association incurs (and all expenses reasonably incurred in defending against claims arising out of such losses or liability) for actions that the Association and Board of Trustees take or omit (other than actions and omissions constituting willful misconduct). The Association and its Board of Trustees furthermore, shall not be liable for any loss or damage resulting by reasons of events beyond its reasonable control, including acts of war, terrorism, riots, civil emergencies, act of God or nature, or acts of civil or military authority.
ARTICLE X
Section 1. These Bylaws may be amended at the Annual Meeting or the Association or another meeting for such purpose by two-thirds vote of the voting members present and voting, including those absent and voting by proxy. Rules For Rural Cemetery may be changed by a simple majority vote of the members. Written motions from lot owners to amend these Bylaws or change the Rules, must be received by the Board of Trustees not later than June 1st, and if deemed warranted by the Board of Trustees, shall be acted upon at the Annual Meeting. Lot owners will be sent a copy, with a brief explanation or outline of any substantial proposed amendments or
changes, with the Annual Meeting notice.
ARTICLE XI
The officers and trustees of the Association shall comply with all the requirements of New Hampshire state laws where conflicts of interest are involved. Any possible conflict of interest on the part of any member of the Board, officer or director, of the Rural Cemetery Association of Sandwich New Hampshire, and when the interest involves a specific issue before the Board, shall be disclosed to the Board and made a matter of record. The minutes of the meeting shall reflect that a disclosure was made, the abstention from voting and the actual vote itself. Every new member of the Board will be advised of this policy upon entering the duties of office and shall sign a statement acknowledging, understanding and agreeing to this policy.
ARTICLE XII
Upon the dissolution of the Cemetery Association, its assets shall be distributed for one or more tax-exempt purposes in accordance with such applicable sections of the Internal Revenue Code (the “IRC”) as may be amended from time to time. The assets are to be distributed in the following manner:
- To an organization whose purposes are identical with those of the Rural Cemetery Association of Sandwich, N.H. (the “Cemetery Association”); or
- To another cemetery association or organization whose purposes are like or similar to those of the Cemetery Association and who is eligible for the same tax-exempt status under the IRC; or
- To a federal, New Hampshire State or local government agency to be used for a similar public purpose.
Updated 7/27/11