Haliburton
Lake Cottagers’ Association
Township
of Dysart et al, Ontario Canada
Draft
copy CONSTITUTION
Article 1: Name
An association to be known as the Haliburton Lake
Cottagers’ Association is hereby established.
Article 2: Objectives
The primary objective of the Haliburton Lake
Cottagers’ Association is to generate, promote and progressively maintain
friendly relationships among property owners.
More specifically defined to achieve this purpose, the
following are the essential aims and objectives of the Association:
2.1
To promote and increase the interests of all cottage and property owners
for the betterment of the Lake environment.
2.2 To
generate, stimulate and promote a continuing spirit of recreation and goodwill
within the Haliburton Lake Community. To
plan and implement recreational programs and activities of interest to all
concerned.
2.3
To operate without the purpose of gain, and to use any profits or other
gains to execute the objectives of the
Haliburton Lake Cottagers’ Association.
2.4
To provide the necessary repairs, renovations and maintenance to the
H.L.C.A. Church-Hall so that the building
may be used for community, social events and activities.
2.5
To present a united front for the Lake community enterprises involving
cottage and property and business owners and their inter-relationship with
Municipal, County and Provincial Government councils, boards and agencies.
2.6
To make formal representation when and where deemed appropriate, to any
Municipal, County and Provincial or other governing body on matters
affecting cottage and property owners who
are members of the Association, pertaining to any
and all aspects of their interests on Haliburton Lake.
2.7
To promote safe and responsible operation of all watercraft and related
activities.
2.8
To continue to be a member of the Federation of Ontario Cottagers’
Associations (F.O.C.A.), as long as it is
deemed beneficial to the lake as a whole.
Article
3: Membership
The membership of the Association shall consist of:
3.1
Full Memberships shall be open to all cottagers and/or property owners,
either private or commercial and their
immediate families. Associate
memberships shall be open to family
members, friends of property owners, renters and friends of
Haliburton Lake, providing proof a full membership has been purchased.
3.2
The annual membership fee shall be determined at the Annual General
meeting (AGM)
of the Association. The new
fee shall be levied at the start of the new calendar
year (January 1).
3.3
Any member or members may be disqualified by reason of non-payment of
annual dues and/or failing to comply with
the purpose and objectives of the Haliburton Lake
Cottagers’ Association as detailed in Article 2: Objectives.
3.4 Membership
in the Haliburton Lake Cottagers’ Association will lapse on March 1 of
each year, and will be re-instated by payment of the current membership
fees.
Article
4: Officers & Directors
4.1 In order
to be a director of the HLCA you must be a member in good standing.
The governing bodies of the Association shall be
comprised of the following:
4.2
An Executive Committee that will be made up of one (1) President, one (1)
Vice-President, one (1) Secretary
(who can also be the Treasurer), one (1) Treasurer, and one (1) Membership
Secretary (who can be combined with another position),
and one (1) Immediate Past President.
4.3
A Board of Directors that is made up of at least three Directors who are
not members of the Executive and are Chair
of a Committee (e.g. Swimming).
4.4
All Executive Officers and Directors will be voted on by the general
membership at the AGM for a term of two (2) years.
4.5
The Board of Directors may authorize a Director of the H.L.C.A. to work
in cooperation with the Treasurer to
collect and deposit monies into the general account(s)
of the Haliburton lake Cottagers’ Association.
The appointed Director will upon completion of the deposit forthwith
deliver copy(s) of the deposit to the Treasurer
for reconciliation of the account(s).
Article
5: Voting
5.1 Any one
person who has paid the required annual membership fees to the
Association according to
Article: 3 Membership will be entitled to vote at AGM or
any special meeting of the
Haliburton Lake Cottagers’ Association.
5.2 All
matter, save as otherwise provided by the Constitution, shall be decided by a
simple majority of voting members and by a show of hands and/or
designated voting cards – one (1) per
paid membership.
5.3 Any
member of the Association may request a recorded vote.
Such recorded vote shall be
conducted in a manner as prescribed by the President.
5.4 Any
member of the Association may demand a vote by secret ballot. Such secret ballot
shall be conducted in a manner as prescribed by the President.
5.5 Voting may be carried
out using a one (1) vote with single written proxy method.
A
proxy holder must be a person entitled to attend and vote in his/her own right.
5.6 Voting electronically, by e-mail or by mail shall be acceptable.
Article
6: Annual General Meeting
6.1 The
Official Year of the Association shall be from January 1 to December 31.
6.2 The
Annual General Meeting (AGM) of the Association will be held in the second quarter of each year in the Month of May, on the Saturday of the
Victoria Day Holiday Weekend at the
H.L.C.A. Church-Hall or other designated venue.
6.3 Notice of
the AGM will be announced to all members at least two (2) weeks prior of the
proposed AGM.
6.4 Roberts
Rules of Order will be used to govern the AGM and all business meetings
of the H.L.C.A. and its sub-groups.
Article
7: Elections
7.1 Elections
will be held bi-annually, at the time of the AGM, to fill all offices of the
Executive Committee and the Board of Directors of the Association.
Article
8: Bylaws
8.1
By-Laws, deemed necessary for the proper governance of the Association,
may be adopted by an affirmative vote of a majority of the voting members
present at a meeting or represented at a
meeting by signed and dated Proxy or printed e-mail, (A proxy holder must be a
person entitled to attend and vote in his/her own
right) and may be amended in accordance with Article 9: Amendments.
Article 9: Amendments
9.1
This Constitution may be amended at any AGM of the Association, or at any
special meeting of the Association.
A two-thirds majority vote of the members in
attendance at a duly constituted meeting or represented at a meeting by
signed and dated Proxy or printed e-mail,
will be required to amend this Constitution.
A proxy holder must be a person entitled to attend and vote in his/her
own right.
9.2
Any member may submit in writing to the Executive, any requested change
in the Constitution, for their consideration two (2) weeks prior to the AGM.
Such proposed amendments to be
presented to the Association at the AGM for acceptance
or rejection. When deemed necessary
by the Executive Committee, such proposed
amendments can be dealt with at a special meeting, with thirty (30)
days notice to the general membership.
BYLAWS
Responsibilities
of Officers & Directors
1.
Immediate Past President:
To act in an advisory capacity only (non-voting) to the current Executive
and to act on the Board of Directors. Other duties may be assigned.
2.
President:
The duties of the President will be to chair each meeting of the
Association and to
interpret and administer the decisions of the Association.
He/She
shall, in consultation with the Executive Committee, have the authority to
call a meeting of the Association at any time, when deemed necessary, in
the interests of the Association.
The President
shall be responsible for the operation and the management of the
Association in accordance with this Constitution and By-Laws, in
consultation with The Board of Directors.
The President may appoint another member of the Executive to chair a
business meeting, if it is
reasonable/desirable to do so, or according to the Constitution, By-Laws or
Robert’s Rules of Order.
3.
Vice-President:
The Vice-President shall assist the President in carrying out the wishes
of the Association when requested to do so by the President.
He/She shall act in the position of
the President when the President is unable to act, in consultation with
4.
Secretary:
The Secretary will take and keep the minutes of the AGM, and all
regular/business meetings of the
Association, including keeping records of attendance.
The secretary will receive and dispatch all correspondence of the
Association.
The Secretary will keep copy of ……FOCA.
The Secretary shall be the Custodian of the Constitution, By-Laws,
Special Resolutions, Letters Patent, the
Corporate Seal, of all books, papers, records, correspondence,
contracts and all other documents belonging to the Corporation.
5.
Treasurer:
The Treasurer will receive, deposit and dispatch all funds of the
Association, subject to authority of the
Executive, in an account in a chartered bank or financial
institution approved by the Officers of the Association.
The Treasurer will make payment out of Association funds by way of
cheques or money orders drawn up by
himself/herself and countersigned by appointed
executive. Signing authority
shall consist of the Treasurer and two (2) appointed
members of the executive. Two
(2) signatures of three (3) shall be required.
The Treasurer will maintain books of accounts showing all receipts and
expenditures as required by the By-Laws.
He/She will present a full financial report of the Association at each
AGM or whenever requested to do so
by the President.
Invest any surplus funds as instructed by the Executive.
Provide special cash funds/floats for special projects and activities as
required with direction from the
Executive.
The Treasurer shall present the books at the conclusion of the calendar
year to two (2) members appointed by
the Board of Directors for review. Review
shall be presented for approval at the
next regular business meeting.
6.
Membership Secretary:
The Membership Secretary or Chair will maintain the membership roll and
the mailing list of all the cottage and
property owners for the purpose of Association
business only.
It will be the responsibility of the Membership Secretary to deposit all
membership and donated monies into the
general account(s) of the H.L.C.A. On
completion of the deposit the
Membership Secretary shall forthwith deliver copy(s) of the deposit
to the Treasurer for reconciliation of the account(s)
Duties
of the Board of Directors
The duties of the Board of Directors will be that of
acting in a governing capacity as follows:
1.
To approve major expenditures passed by the Executive Committee exceeding
five hundred dollars ($500.00).
2.
To rule on major decisions and recommendations of the Executive Committee
where required, in keeping with the
purpose, aims and objectives of the Association in the interests of its members.
3.
To enact any by-laws or regulations approved by the Executive Committee
and passed by the general membership
where it is deemed necessary or required.
4.
To maintain and promote continuing liaison with organizations such as:
F.O.C.A. and Municipal, County and
Provincial governments.
Quorum
1.
A quorum for the Annual General Meeting (AGM) of the Association shall be
no less than 10% of the registered members, who are on file with the membership
Secretary at the time of the AGM.
2.
40% of the members of the Executive plus 40% of the members of the Board
of Directors must be at a regular meeting
to constitute a quorum.
Committees
1.
There shall be an Executive Committee composed of the officers of the
Association.
2.
Special committees may be appointed by the President or established by
majority vote of the voting members
present at a regular business meeting of the Association.
3.
The President shall be an Ex-Officio member of every committee.
Meetings
1.
Regular, general/business meetings of the Association shall be held
according to a schedule set at the
beginning of each business year. There
shall be 1 week’s notice of change of
these meetings.
2.
Notice of special meetings of the Executive/Board of Directors shall
require a minimum of two (2) weeks
notice.
3.
Special meetings of the membership shall require notice in writing four
(4) weeks prior.
Order
of Business
The following Order of Business shall govern all
business meetings of the Association unless it is inconsistent with the
Constitution and By-Laws. Roberts
Rules of Order shall govern the proceedings of each meeting.
a.
Call to Order and recording of members in attendance
b.
Consideration, revision and approval of the agenda
c.
Declaration of Pecuniary Interest
d.
Delegations
e.
Reading and approval of the minutes of the previous meeting
f.
Treasurer’s report and approval
g.
Reading of correspondence
h.
Business from Last Meeting (business
unfinished)
i.
Committee reports (Standing, then Special)
j.
New Business
k.
Closed Session
l.
Next Meeting announcement (date, time and place)
m.
Announcements
n.
Adjournment
Draft copy