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GOLDEN
LAKE PROPERTY OWNERS ASSOCIATION
CONSTITUTION
Preamble
The
Golden Lake Property Owners Association has been founded for all
property owners living along the shores of Golden Lake and the
Bonnechere River from dam to dam and those who are interested in an
organization to work for their common good, the maintenance and
enhancement of the quality of life on the lake for all property owners
through careful attention to such matters as water quality, shoreline
development, and boating and swimming safety and to have a common voice
that speaks to all levels of government and recognized organizations on
issues that may contribute to health, pleasure, comfort and security of
those living within the described boundaries.
Name
The
Association shall be called “The Golden Lake Property Owners
Association”.
Jurisdiction
The
Golden Lake Property Owners Association shall be representative of the
area included within the following: All properties with frontage on
Golden Lake, all properties along the Bonnechere River from the Tramore
Dam to the Golden Lake Dam and all properties with access to Golden Lake
and those who have an interest in the well being of our lake.
Membership
- Membership
is limited to one per property within the designated area.
- Each
membership carries with it the right to one vote at any meeting of
the members.
- Membership
is represented by one of the following: (i) a registered property owner in the jurisdiction;
or (ii) designate
of the registered property owner. The designate(s) shall be
identified in writing on the membership application. A designate
shall be a regular user of the property registered to the owner
making the designation. Such persons shall be referred to as
"Voting Members".
- Application
for membership shall be made to any Director, accompanied by the
current year’s dues.
- The
membership year runs from the date of the Annual Meeting in June,
July or August to the date of the Annual Meeting in June, July or
August of the following year.
- Membership
renewal fees should be paid at the Annual Meeting or by cheque to
the Association address. The directors shall set the Annual
Membership fee by resolution.
- A
member deemed in default shall automatically lose his/her membership
until such time as dues have been paid in full.
Financial
Year
- The
year shall commence July I and end June 30.
- There
must be an annual audit of the financial operation of the
Association either by a chartered accountant or by signed statement
from two members of the Association.
General
Meetings
- An
Annual General Meeting shall be held on a date to be fixed by the
Directors within the month of June in each year for the
purpose of receiving reports and of electing the Directors for the
ensuing term, and for the transaction of any other business.
- All
elected Directors shall be nominated and elected at the Annual
Meeting. The term of office is two years. Half of the total number
of Directors will take office on an even year, the other half on an
odd year. To implement the staggered terms, a full complement of
Directors will be elected in 2005 and the Directors will decide at
the first board meeting who will be one year Directors. All
elections of Directors shall be made by simple majority of the
quorum.
- At
least 30 days prior notice shall be given to the members concerning
the holding of the Annual General Meeting.
- Fifty
(50) voting members shall constitute a quorum for the holding of an
Annual General Meeting.
- Each
voting member shall have one vote at the Annual General Meeting or
any other general or special meeting, provided that, if it is a new
membership, the membership has been in good standing for 45 days
prior to the Annual General Meeting, or if it was an existing
membership, that the membership is in good standing prior to the
vote. Motions shall be determined by a simple majority of votes on a
show of hands.
- In
electing the Directors, where more than the required number of
Directors are nominated and stand for election, the election shall
be by secret ballot.
- (a)
Five members of the Association whose memberships are in good
standing may requisition directors to call a general meeting of the
members for any purpose connected with the affairs of the
Association that is not inconsistent with The Corporations Act. (b)
The requisition shall state the general nature of the business to be
presented at the meeting and shall be signed by the requisiteness
and deposited at the Association's head office. (c) Upon deposit of
the requisition, the directors shall call forthwith the meeting of
the members for the transaction of the business stated in the
requisition. (d) If within 35 days from the date of the deposit of
the requisition the directors do not call and hold the meeting, any
of the requisiteness may call such meeting, which shall be held
within 60 days from the date of the deposit of the requisition.
Directors
and Officers
- The
Board of Directors shall consist of ten Directors plus 4 executive
directors.
- Directors
must be registered property owners in the jurisdiction or their
designate. There may only be one director per property.
- The
Officers shall consist of a President, Past President,
Vice-President, Secretary, and Treasurer.
- Between
Annual General Meetings, the general management and control of the
affairs, funds and property of the Association shall be vested in
the elected board subject only to the Constitution and decisions
taken by majority vote of the members at the Annual General
Meetings, or at other general meetings on the same notice as for
Annual General Meetings.
- Sixty
per cent of the Directors shall constitute a quorum for the
transaction of business of the Directors provided a reasonable
effort has been made to wage a meeting of all of the Directors.
Motions in the meetings of the Directors shall be determined by
simple majority of the votes cast. In the event of a tie vote the
President's vote can be used to break the tie. Any director may
participate in a meeting of the Board of Directors by means of
conference telephone or other communications equipment by means of
which all persons participating in the meeting can hear each other.
- The
Directors shall make every effort to meet at least 3 times per year.
- A
quorum of the Directors may replace Directors positions, which have
been vacated.
Indemnification
All
Directors and officers of the Association and their heirs, executors,
administrators and their estates and effects respectively, shall at all
times be indemnified and saved harmless out of the funds of the
Association from and against a) all costs, charges and expenses
whatsoever which the Director or Officer sustains or incurs in or about
any action, suit or proceeding which is brought, commenced or prosecuted
against him or her for, or in respect of, any act, deed matter or things
whatsoever made, done or permitted by him or her in or about the
execution of the duties of his or her office, and b) all other costs,
charges and expenses which the Director or Officer sustains or incurs in
or about or in relation to the affairs thereof, except such costs,
charges or expenses as are occasioned by his or her own willful neglect
or default The Association may also indemnify any Director in such other
circumstances as the Law may permit or require. Nothing in this By-Law
shall limit the right of any person entitled to indemnity to claim
indemnity apart from the provisions of this By-Law to the extent
permitted by Law.
Funds
- The
funds of the Association shall be in the keeping of the Treasurer
who shall deposit these in a chartered Canadian Bank or Trust
Company and shall make payments for the Association by cheque on the
said bank account, with the exception of petty cash payments for
which the Treasurer will account by voucher.
- The
signing officers are the President, Vice-President and Treasurer or
one director. All cheques must have two signatures, one of which
must be the Treasurer or Secretary/Treasurer.
Committees
The
Directors may appoint Standing Committees and Special Committees as
required, e.g. Membership, Water Quality, Lake Safety, etc.
Amendments
Amendments
to the Constitution may only be made at the Annual General Meeting, or
at any general meeting properly called, and members must be notified at
least 30 days before the meeting. Any amendment to the Constitution must
be passed by a two-thirds majority of members present at the general
membership meeting.
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