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(Adopted by the
Board June 2000, Approved by the membership July 2000)
Table of Contents
Article #1: Objectives
Article #2: Membership
Article #3: Annual Dues
Article #4: Board of Directors
Article #5: Powers of the Board
Article #6: Duties of the Board
Article #7: Meetings of The Association
Article #8: Special Levies
Article #9: Amendments to the Constitution
Article #10: Written Ballots
NOTE: Hereafter, Member(s) in-good-standing shall be defined
as a Member who holds a valid membership in the Eagle Lake Community
Association (hereafter, The Association) and whose dues are up
to date.
Preamble
The Association was founded on August 5, 1995 by unanimous consent
of those in attendance at the Charter Meeting. The Association
is comprised of persons who own property which forms part of
the waterfront of the body of water known as Eagle Lake located
in the original Townships of Olden and Hinchinbrooke in the Province
of Ontario and who have paid the annual dues as set forth hereunder.
Purpose
The primary purpose of The Association, as passed by motion at
the Charter Meeting, is: TO PRESERVE AND ENHANCE THE ENVIRONMENT
OF AND THE QUALITY OF LIFE ON EAGLE LAKE.
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Article #1: Objectives
1.01 The objectives of The Association are:
(a) to preserve and protect the ecosystem of Eagle Lake
(b) to encourage environmental awareness and conservation
(c) to encourage the prudent and courteous use of all watercrafts
(d) to promote a spirit of community amongst the population of
Eagle Lake
(e) to communicate with Government and other Organizations on
matters of
concern
(f) to collect and disseminate educational information in support
of these
objectives
Article #2: Membership
2.01 Membership in The Association shall be by
one of the following Membership Classes, governed by their requirements
and limitations. The membership year shall be from the date of
the current year's Annual General Meeting (hereafter, A.G.M.)
to the day immediately PRECEDING the date of the following year's
A.G.M.
2.02 Full (Voting) Membership
Any person who is a registered owner of lands adjoining the waters
of Eagle Lake may make application to The Association for membership
and such application shall be governed by these conditions:
(a) A person who owns one or more lots, properties, severances
or other divisions shall hold one Full Membership and shall be
entitled to one vote only
(b) Joint or Multiple registered ownership of property shall
entitle such ownership to Joint Membership as per Article 2.03
(b), but the one vote per property is maintained
2.03 Joint (Limited Voting) Membership
Any person who is a joint or multiple registered owner of property
or a member of a single or multiple registered owners' immediate
family sharing the same property of that registered owner(s),
may make application to The Association for a Joint Membership.
Such membership shall be governed by these conditions:
(a) This shall be a non-voting membership except as described
in (b) and (d) below
(b) Joint or multiple registered ownership of a property shall
entitle such combined owners to one vote only
(c) This membership shall allow the holder to run for and hold
the office of Director on the Board of Directors
(d) As a Director on the Board of Directors, the Joint Membership
shall allow voting rights equal to that of a Full Member, during
the holders term of office, with the exception of written
ballots
2.04 Associate (Limited Voting) Membership
Persons who are not owners of lands adjoining the waters of Eagle
Lake and do not qualify as Joint Members but have an interest
in the welfare of Eagle Lake and its environs and who support
the "Purpose and Objectives" of The Association, may
make application for an Associate (Limited Voting) Membership
and such membership shall be governed by these conditions:
(a) Applicants shall be sponsored by two (2) Voting Members in-good-standing
and their application must be approved by a majority vote of
the Board of Directors.
(b) This shall be a non-voting membership except as described
in (d) below
(c) This membership shall allow the holder to run for and hold
the office of
Director on the Board of Directors
(d) As a Director on the Board of Directors, the Associate Membership
shall allow voting rights equal to that of a Full Member, during
the holders term of office, with the exception of written
ballots
Article #3: Annual Dues
3.01 The amount of annual dues for each category
of membership shall be established by a simple majority vote
of Voting Members in attendance at an A.G.M. upon recommendation
of the Board of Directors. Upon receipt of dues, the Secretary,
Treasurer, or person designated, shall issue a receipt and/or
membership card as evidence of membership in-good-standing.
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Article #4: Board of Directors
4.01 The Association shall be managed by a Board
of Directors composed of not more than sixteen (16) and not less
than six (6) voted upon Directors who are Members in-good-standing,
including the Immediate Past-President of The Association plus
two (2) "Directors at Large" as set forth in Article
4.09.
4.02 The Board shall meet periodically, at the call of
either, the President, Vice-President or any three (3) Directors
of the Board who are in agreement. A quorum shall be a minimum
of 1/3 of the total complement of the Board plus at least two
(2) officers.
4.03 Each Director, with the exception of the Immediate
Past President,:
(a) shall serve a term of two years
(b) may stand for re-election for a further consecutive term
of two years
(c) shall be ineligible to serve for a period of one (1) year:
-after having served four (4) consecutive years
-after the date of his/her resignation
The Immediate Past President can serve his/her term as President
and a consecutive term as Immediate Past President until he/she
is replaced by the then outgoing President.
4.04 The Board of Directors shall elect from themselves
a President, Vice- President (or President-Elect), Secretary,
Treasurer, and other officers as may be deemed necessary from
time to time. Their term of office shall match that of the Officer's
remaining term as Director as set forth in Article 4.03.
4.05 Any Full, Joint or Associate Member in-good-standing
wishing to serve on the Board of Directors shall notify the Secretary
of The Association no later than May 1st of each year. The Secretary,
after receiving and recording the required information from the
applicant, shall forward same to the Nominating Committee.
4.06 A Nominating Committee composed of not less than
three (3) Members of the Board shall be appointed by the Board
of Directors. Their prime functions shall be to:
(a) identify those Members of the Board who are in the final
year of their
present term and thereby retiring
(b) solicit and recommend candidates for the replacement of these
retiring
Directors and the Offices they vacate
(c) solicit and/or approve applications for the office of Director
in general
4.07 Applications/Nominations for the office of Director
must be in the hands of the Nominating Committee by June 1st
of each year and must be consented to by the member nominated.
The names of all candidates for the office of Director shall
be included in the Notice of Meeting, circulated to the membership
at the A.G.M. and voted on as set forth in Article 4.08.
4.08 The election of persons to the Board of Directors
shall be a simple majority vote of Voting Members present at
a duly called A.G.M. If more persons
wish to serve than there are vacancies available, then an election
by secret ballot
shall be held.
4.09 A maximum of two (2) "Directors at Large"
shall be solicited from the Members in-good-standing in attendance
at every A.G.M. Once identified, consented to and successfully
voted on by the Voting Members in attendance, these new Directors
shall immediately become Members of the Board. They shall be
subject to all conditions of a Director and Member of the Board,
with the exception that their term as "Director at Large"
shall be limited to one (1) year. After one (1) year they may
volunteer again at the next A.G.M. or apply for the office of
Director through the Nominating Committee as per Article 4.07.
Should more than two (2) candidates for this office be identified
at an A.G.M., then an election by secret ballot shall be held.
4.10 It is the intent of this Constitution that in any
given year, to ensure
continuity of the Board of Directors, only one quarter of the
Directors' terms shall be deemed to expire. For the purpose of
interpretation, this clause may be exercised in concert with
Article 4.03 above with the consent of the Voting Members at
an A.G.M.
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Article #5: Powers of the Board
5.01 The Board of Directors shall be granted all
duties of general management
save and except the following:
(a) No money may be borrowed in the name of The Association
(b) No act shall take place which may bring The Association into
ill repute or give cause for civil or criminal action
(c) No contract shall be entered into without the express consent
of a two-thirds majority of Voting Members present at a duly
called A.G.M. or Special General Meeting (hereafter S.G.M.) of
The Association
Article #6: Duties of the Board
6.01 The President shall conduct himself/herself
as the Chief Executive Officer of The Association, holding himself/herself
accountable to the other members of the Board and The Association
in general. The President, or in his/her absence their delegate
in attendance, shall be entitled to cast their vote only in the
case of an equality of votes.
6.02 The Vice President (President Elect) shall act on
behalf of the President when required and, barring any unforeseen
circumstances, hold himself/herself in a position to replace
the President when the sitting President's term is completed
or vacated. In a similar manner, he/she shall be assigned other
duties as may be deemed necessary by the Board or the President.
6.03 The Secretary shall maintain The Associations
minutes and membership roster (unless otherwise assigned) and
carry out other duties as may be assigned by the Board.
6.04 The Treasurer shall keep custody of all monies owned
by The Association, shall report to the Board at each of its
meetings and annually to the membership and maintain the books
of The Association in accordance with commonly accepted accounting
practices.
6.05 The remaining Directors shall actively assist in
carrying out the objectives of The Association.
6.06 Cheque signing authority shall be vested in the President
and Treasurer with cheques requiring either signature.
6.07 An auditor shall be appointed annually by the Board
for the purpose of inspecting and validating the financial affairs
of The Association. No member of the Board may serve as auditor.
6.08 The financial year of The Association shall be from
May 1 to April 30.
6.09 Vacancies on the Board, due to resignation or any
other reason, shall be filled for the balance of a term by the
appointment of a Member in-good- standing, and a simple majority
vote of the Board.
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Article #7: Meetings of The Association
Meetings of The Association shall/may be called under the following
conditions.
7.01 Annual General Meetings:
(a) The Board of Directors shall establish the time and place
of the A.G.M. and shall be required to hold such a meeting at
least once each year between June 15 and the Saturday of the
Labour Day Weekend or at such other reasonable time as may be
in the best interests of the membership
(b) Notice of every A.G.M. shall be sent by either mail, facsimile,
electronic mail or other conveyance to each member of The Association
not less than fourteen (14) days prior to the meeting to the
last known address shown on the membership roster of The Association
(c) The meeting shall be held at such time and in such place
as to be accessible to the majority of the members
(d) Twenty-five (25) Voting Members in-good-standing present
plus at least two (2) officers shall constitute a quorum for
the holding of a duly called A.G.M. or S.G.M.
7.02 Special General Meetings (S.G.M.s)
S.G.M.s may be called:
(a) by the Board at their discre-tion, providing the reason for
and subject of this
S.G.M.
(b) by any Voting Member in-good-standing provided that member
presents to the Secretary a signed petition containing:
- the reason for the S.G.M.
- the endorsement of the petition by the signatures of twenty-five
(25) Voting Members in-good-standing
- the subject to be resolved at this S.G.M.
7.03 The Secretary shall, without delay, on receiving
a petition for a S.G.M. serve due notice to the Board and the
Membership. The Notice of the S.G.M. shall be delivered as in
Article 7.01(b). The subject (as contained in the calling of
or petition for a S.G.M.) must be stated in the Notice of Meeting,
and shall be the only item addressed and resolved during this
S.G.M. S.G.M.'s shall be scheduled as soon as possible at a time
and place most convenient.
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Article #8: Special Levies
8.01 Special levies may be enacted by two-thirds
majority of Voting Members (as evidence by votes cast and written
ballots received in accordance with Article #10) at a duly called
A.G.M. or S.G.M. of The Association upon recommendation of the
Board of Directors.
Article #9: Amendments to the
Constitution
9.01 This Constitution may be amended by a two-thirds
majority of Voting Members (as evidence by votes cast and written
ballots received in accordance with Article #10) at a duly called
A.G.M. or S.G.M. of The Association. Details of the proposed
amendments, having first been adopted by the Board of Directors,
must be published in the Notice of Meeting.
Article #10: Written Ballots
10.01 For the purposes of Article #8 and Article
#9, a written ballot shall be defined as a ballot which clearly
states the issue to be voted on, be duly and clearly completed,
signed and dated by a Voting Member in-good-standing, and returned
to the Secretary so that it is received no later than the date
specified on said ballot. Each ballot shall deal with only one
issue. If more than one issue is to be voted on, then separate
ballots for each of the issues must be used.
10.02 Whenever a written ballot is received and the same
property is already represented by a member in attendance at
the meeting, then this written ballot shall not be considered
nor counted.
10.03 Written ballots shall not be available to or accepted
from any Member of the Board of Directors.
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